These terms of lease are effective for Dein, Kanga, Monteverde, Souax East, Souax West or Wishi from 01.07.2019, for Gato from 01.06.2020 and for Seru Pretu (near Wishi) from 01.12.2023 and have been updated on 03.01.2024. 

Terms of Lease

Pursuant to Article 5:20 of the Civil Code, ownership of the land includes, the buildings and works that are permanently attached to the land and, as a result, the landowner also owns the buildings on the land.

Article 1

Purpose

1.1 The leased property shall be exclusively used by or on behalf of the tenant for permanent residence. Specifically, the leased property may not be sublet to third parties, nor used for commercial or industrial purposes without the express permission of the landlord.
1.2 The tenant is not allowed to assign a different use to the leased property than described in this agreement without prior written permission from the landlord.
1.3 The tenant is not permitted to place structures or any other construction on the leased property without prior written permission from the landlord. Construction work may not commence without the necessary permits.
1.4 The tenant is not allowed to dig wells unless expressly permitted. It is also not allowed to transfer the use or enjoyment of the land or construction.

Article 2

Lease fee

2.1 The Lease fee for the leased property amounts to 12% of the market value of the undeveloped land per year. However, as an exception and in exchange for the stipulations in this agreement, the Lease fee for the leased property is set at NAf 1,000 per year, per unit.
2.2 A ‘unit’ is defined as a parcel in case of vacancy, each apartment in case of subleasing, and in all other cases each structure or construction.
2.3 The Lease fee is exclusive of sales tax and without any discount or compensation. Costs associated with payment are the responsibility of the tenant.
2.4 The landlord may offer a discount on the leased property to the tenant. This discount is determined annually based on the criteria in force at that time.
2.5 The landlord is authorized to request adjustments to the Lease fee if it no longer corresponds with the reasonable costs that the landlord needs to incur or for indexing purposes.

Article 3

Payments

3.1 The tenant is obligated to fulfill payments due to the landlord by transfer to a bank account specified by the landlord, or at the office of Everything Legal B.V. at Van Eyck van Voorthuyzenweg 18, Willemstad, Curaçao. The landlord is entitled at all times to change these payment instructions.
3.2 Payments by the tenant are due in advance and must be fully completed by or on December 31st of the relevant year to which the payments relate.
3.3 As soon as the tenant is in default and without a demand for payment, the tenant owes 10% cumulative interest and 20% collection costs on the total amount due.

Article 4

Special conditions

4.1 The tenant is not allowed to place car wrecks or other objects on the leased property that compromise the cleanliness of the environment or promote breeding grounds for pests. The tenant is obligated to take necessary actions and remove these objects upon the landlord’s first demand.
4.2 All maintenance and repair work and all usage costs, including the presence of contaminated materials, are the responsibility and risk of the tenant.
4.3 All taxes related to or associated with the leased property are the responsibility of the tenant, including property tax.

Article 5

Transfer of Rights

5.1 The tenant’s rights with respect to the leased property cannot be transferred or sold to third parties without the permission of the landlord.
5.2 In case of violation of this article, the tenant is liable to pay the landlord a fee equal to 10% of the sale price. This fee is due in addition to any actual damages incurred.

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