MAS/46262.00000/8900481.01
Lease of a Transformer Chamber forming part of **
Dated 2013
**
(the Landlord)
London Power Networks plc
(the Tenant)
Dentons UKMEA LLP LLP
One Fleet Place
London EC4M 7WS
United Kingdom
DX 242
/
Contents
1 Demise and rents 2
2 Tenant's covenants 3
3 Landlord's covenants 4
4 Provisos 4
5 Declaration 4
6 The Contracts (Rights of Third Parties) Act 1999 5
Schedule 6
Draft: 5 October 2010
MAS/46262.00000/8900481.01 Contents (i)
Lease
LR1. Date of lease
2013
LR2. Title number(s)
LR2.1 Landlord's title number(s)
LR2.2 Other title numbers
None.
LR3. Parties to this lease
Landlord
** (the Landlord) [registered in England with number ** whose registered office is at ** ]
Tenant
London Power Networks plc (the Tenant) registered in England with number 3929195 whose registered office is at Newington House, 237 Southwark Bridge Road, London SE1 6NP
LR4. Property
In the case of a conflict between this clause and the remainder of this lease then, for the purposes of registration, this clause shall prevail.
The land demised by this lease is known as Transformer Chamber at ** , defined as the Demised Premises in Clause1 and more fully described in the Schedule.
LR5. Prescribed statements etc.
None.
LR6. Term for which the Demised Premises is leased
The term as specified in this lease at Clause 1.
LR7. Premium
None.
LR8. Prohibitions or restrictions on disposing of this lease
This lease contains a provision that prohibits or restricts dispositions.
LR9. Rights of acquisition etc.
LR9.1 Tenant's contractual rights to renew this lease, to acquire the reversion or another lease of the Demised Premises, or to acquire an interest in other land
None.
LR9.2 Tenant's covenant to (or offer to) surrender this lease
None.
LR9.3 Landlord's contractual rights to acquire this lease
None.
LR10. Restrictive covenants given in this lease by the Landlord in respect of land other than the Demised Premises
See Clauses 3(b) and 3(d).
LR11. Easements
LR11.1 Easements granted by this lease for the benefit of the Demised Premises
See Clauses 1 (a) to (d).
LR11.2 Easements granted or reserved by this lease over the Demised Premises for the benefit of other property
None.
LR12. Estate rentcharge burdening the Demised Premises
None.
LR13. Application for standard form of restriction
None.
LR14. Declaration of trust where there is more than one person comprising the Tenant
Not applicable.
Recitals
The Landlord has agreed to construct and make available to the Tenant an electrical transformer chamber in the Landlord's Building known as ** in the London Borough of ** (the "Landlord's Building")
It is agreed:
1 Demise and rents
In consideration of the rent hereinafter reserved and of the covenants by the Tenant hereinafter contained the Landlord hereby demises unto the Tenant with full title guarantee ALL THAT piece or portion of the [basement of the] Landlord's Building which is delineated on the drawing attached hereto and numbered ** (the "Plan") and thereon shown edged pink (the "Demised Premises") which are more particularly described in the Schedule hereto TOGETHER WITH:-
(a) the right to take in and expel air from and over the land adjoining the ventilators indicated on the Plan by the colour blue;
(b) the right of support and protection enjoyed at the date hereof over and against the Landlord's Building;
(c) the right for the Tenant and its contractors or agents and their respective servants and workmen and persons authorised by them to use install lay inspect maintain relay examine alter test renew repair replace supplement and remove through or under that part of the Landlord's Building delineated on the Plan and thereon shown edged green such electric lines ducts and other apparatus as may in the opinion of the Tenant from time to time be requisite for connecting the transforming and other plant and apparatus and control systems with the Tenant's distributing mains in the adjacent public streets or elsewhere;
(d) the right for the Tenant and its contractors or agents and their respective servants and workmen and persons authorised by them to enter the Landlord's Building from a public highway with or without vehicles plant and machinery and trolleys over the route shown edged brown on the Plan and do thereon such acts and things as may be necessary for the purpose of using installing laying inspecting maintaining relaying repairing examining altering testing renewing repairing replacing supplementing or removing any such plant electric lines control systems or other apparatus as aforesaid
TO HOLD the Demised Premises for the term of 99 YEARS from the date hereof (the "Term") PAYING therefore the yearly rent of a peppercorn (if demanded) such rent if demanded to be payable without any deduction on 1 January in every year the first payment to be made on the date hereof.
2 Tenant's covenants
The Tenant HEREBY COVENANTS with the Landlord as follows:-
(a) To pay the reserved rent (if demanded) at the times and in manner aforesaid.
(b) To keep the Landlord indemnified from liability for any rates and taxes which may now or hereafter be separately assessed charged or imposed upon the Demised Premises provided that the Landlord has given to the Tenant immediate notice of the receipt of any demand for rates in respect of the Demised Premises and of any proposal for the separate assessment thereof whether made by the Landlord or any other person or persons.
(c) To permit the Landlord with workmen and others to enter upon the Demised Premises in company with a servant of the Tenant for the purpose of carrying out structural repairs to the Demised Premises or any part of the Landlord's Building and any other repairs which the Landlord is obliged to carry out in accordance with the provisions of Clause 3(a) of this Lease.
(d) Not to use the Demised Premises otherwise than as a transformer chamber for or in connection with the transformation and distribution of electrical energy.
(e) Not at any time during the Term to assign underlet charge sublet part with or share possession of the whole or any part of the Demised Premises except that the Tenant shall be entitled to assign or underlet to any company or other body to which is transferred the operation of those distribution assets of the Tenant which are connected to the Demised Premises.
(f) To make good all damage caused during the exercise of the rights granted by this Lease to the Landlord's Building to the reasonable satisfaction of the Landlord.
(g) To keep the Demised Premises in a clean and tidy condition and in tenantable repair.
3 Landlord's covenants
The Landlord HEREBY COVENANTS with the Tenant as follows:-
(a) At all times during the Term to keep the main walls roof foundations and structure of those parts of the Landlord's Building on which the Demised Premises rely for support and protection and all cisterns water pipes and other apparatus therein in good repair and condition.
(b) Not to interfere with or cause or permit any interference with any such plant electric lines or other apparatus as aforesaid.
(c) That the Tenant performing and observing the covenants on its part herein contained shall and may peaceably and quietly hold and enjoy the Demised Premises without any unlawful interruption or disturbance by the Landlord or any person claiming by through under or in trust for the Landlord or by title paramount.
(d) Not to interfere with or obstruct or permit or suffer any interference with or obstruction of the free flow of air through the means of ventilation of the Premises.
4 Provisos
PROVIDED ALWAYS AND IT IS HEREBY AGREED that if the rent hereby reserved or any part thereof shall remain unpaid for 21 days after it has been demanded or if any covenants on the part of the Tenant herein contained shall not be performed or observed then and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon the Demised Premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to any right of action of either party hereto in respect of any antecedent breach of any covenant by the other party herein contained or to the right of the Tenant to enter the Demised Premises and to remove therefrom all such plant cables and other apparatus as aforesaid and other property of the Tenant.
5 Declaration
5.1 IT IS HEREBY AGREED by and between the parties hereto that all such plant electric lines (as defined by Section 64 of the Electricity Act 1989 or any statutory amendment or re-enactment thereof) or other apparatus as aforesaid shall be and remain the property of the Tenant who may remove the same at any time.
5.2 Anything shown on the Plan (other than the Demised Premises) is shown for the purpose of identification only.
5.3 The Landlord and Tenant hereby certify that there is no Agreement for Lease to which this Lease gives effect.
5.4 This is a new Lease for the purposes of the Landlord and Tenant (Covenants) Act 1995.
5.5 Any notice served under or in connection with this Lease is to be in writing and be treated as properly served if compliance is made with the provisions of Section 196 of the Law of Property Act 1925 (as amended by the Recorded Delivery Service Act 1962) unless inconsistent with the express provisions of this Lease whereupon such express provisions shall prevail.
5.6 That notwithstanding Section 196(3) of the Law of Property Act 1925 as applied by Section 196(5) of that Act any notice required or authorised to be served on the Tenant under this Lease shall not be served by affixing it or leaving it for the Tenant on the Demised Premises or the land.
5.7 The Landlord and the Tenant shall ensure that any requisitions raised by the Land Registry in connection with an application for registration of this Lease are dealt with promptly and properly.
5.8 In the interests of health and safety the Landlord will not have the right to access the Demised Premises unless accompanied by an authorised and accredited representative of the Tenant who shall be made available by the Tenant following written request and the proper and reasonable cost of such representation shall be paid by the Landlord.
5.9 The Landlord will on the written request of the Tenant made no less than six months before the expiration of the Term grant to it a lease of the Demised Premises for a further term of 99 years from the expiration of the Term at no premium and containing the same covenants and conditions as are contained in this Lease with the exception of this option to renew and the Tenant will on the execution of such renewed lease by the Landlord execute a copy thereof.
5.10 Nothing contained in this Lease shall prejudice, restrict or otherwise affect the statutory rights, powers and duties of the Tenant as an electricity distribution network operator or the means by which it exercises those rights and powers or performs those duties
6 The Contracts (Rights of Third Parties) Act 1999
The Parties to this Lease do not intend that any term of this Lease shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party.
Executed as a Deed by the parties the day and year first before written.
Schedule
The transformer chamber shown edged in pink on the Plan which shall include where they exist and where the context so admits for the purpose of obligation as well as grant:-
1 all additions alterations and improvements to the Demised Premises made at any time;
2 the doors door frames equipment and fitments serving the Demised Premises;
3 the internal plaster and other surfaces of load bearing walls and columns within the Demised Premises and of walls dividing the Demised Premises from other parts of the Landlord's Building or any adjoining property;
4 the whole of all non-load bearing walls within the Demised Premises;
5 the flooring raised floor and floor screeds down to the joists or other structural parts supporting the flooring of the Demised Premises; and
6 the plaster or other surfaces of the ceilings within the Demised Premises
but excluding the structural parts load bearing framework roofs foundations joists and external walls and all Landlord's fixtures and fittings and plant equipment and machinery within but not exclusively serving the Demised Premises.
The Common Seal of**
is affixed to this Deed in the presence of: / )
)
)
Director
Secretary/Director
The Common Seal of
London Power Networks plc
is hereunto affixed as a deed and is authenticated by / )
)
)
)
Authorised Signatory
Draft: 5 October 2010
MAS/46262.00000/8900481.01 Page 2