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Presidency of the Administrative Committee of the Jewish Community Baghdad Number :: Copy of Al-Rafidain Hotel contract Department Clerk:
IJA 1436
Lease Agreement between Jewish Lay Council and Tenant
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This is a lease agreement between the Jewish Lay Council and a tenant.
AI en Translation, Pages 1-25
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- 2 - Fifth ⟦line⟧ The second party undertakes to build and construct on the leased property a building consisting of a basement and two floors containing shops and rooms according to the design approved by both parties, and the construction shall be of cement and reinforced concrete in a solid manner and modern style, and he shall spend on these buildings and facilities an amount not less than fourteen thousand Dinars paid from his own funds according to experts' estimation, along with paying all fees, expenses, and necessary costs for that, in addition to the rent value due to be paid by him to the lessor, the first party, as specified in the third clause of this contract. Upon the expiration of the lease term or upon its termination or dissolution, all buildings, facilities, and structures attached to and fixed in the leased property which the lessee, the second party, was assigned to construct, shall remain entirely the property of the Waqf of Heskel Menachem Daniel. Specifically, the second party is obliged to hand them over to the first party or their successor in good condition and without damage so that they are fit for exploitation, without having the right to remove them or demand compensation for them from the lessor in any form whatsoever, as they are considered property belonging to the aforementioned Waqf. Sixth ⟦line⟧ The second party is obligated and committed to completing the buildings and facilities agreed upon under this contract within four years from the date of the issuance of permission by the Judge of Personal Matters for this contract. If the period ends and he has not completed them, the first party shall have the option to consider this contract terminated. In this case, the building constructed on the leased property which was not completed shall remain the property of the Waqf of Heskel Menachem Daniel mentioned above, in addition to the lessee, the second party, paying the rent amounts that have become due up until the evacuation and delivery of the leased property to the lessor, the first party, without the need for notice or obtaining a judgment. Seventh ⟦line⟧ The lessee, the second party, has the right to use the leased property as a warehouse for medicines or a commercial shop and to benefit from it in a manner that does not harm the leased property and according to the purpose for which the building was established, such that he may not use it for blacksmithing, for example, or as a cinema or the like, nor is he permitted to use it for works that result in damages or destruction of the leased property. If he violates this, he shall be obliged to pay compensation amounting to five thousand Dinars without the issuance of a notice, and the lessor, the second party [sic], shall have the option of terminating or not terminating the lease. Eighth ⟦line⟧ In the event of non-approval by the Secretariat of the Capital or any other authority to grant the permit to the lessee, the second party, necessary to carry out the construction and facilities assigned to him in the leased property for any reason whatsoever, this shall not be a reason for the termination of this contract; rather, the lessee, the second party, must follow the observed regulations and laws and instructions imposed by the Secretariat of the Capital or other authorities in this regard. Ninth ⟦line⟧ The lessee, the second party, has the right to use the leased property himself, and he is not permitted to transfer this contract to others without written permission from the first party. This does not prejudice the right of the second party to exploit - to be continued -
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First Party - The Lessor - President of the Administrative Committee of the Jewish Community in Baghdad, acting on behalf of the Lay Council of the aforementioned community, the trustee of the endowments of the late Heskel Menahem Daniel, pursuant to the deed issued by the Court of Personal Status in Baghdad under dossier number / Sh / 955 in addition to the aforementioned endowments. Second Party - The Lessee - The authorized directors of Al-Rafidain Drug Store Company Limited, Messrs. Louay Tawfiq al-Suwaidi and Jamil Hamdi, pursuant to the internal bylaws of the aforementioned company, authorized to enter into contracts and sign on behalf of the company in addition to the aforementioned company. By the offer and acceptance occurring between the two contracting parties, it has been agreed between them to organize this contract according to the following conditions: First - The First Party has leased and the Second Party has rented /450/ square meters (located at the corner on a frontage of [blank] meters in length and [blank] meters in width to the descent, as indicated in the land registry map numbered and signed by the two parties) out of the land with a total area of (629.76) square meters, numbered serial 21 / 1 / 4, located in Al-Sinak district at the entrance of the Hasso Brothers Building road, belonging to the endowments of the late Heskel Menahem Daniel, which are under the trusteeship of the Administrative Committee of the Jewish Community in Baghdad (acting on behalf of the Lay Council of the aforementioned community), for a period of twenty-one calendar years for a total rental price of (⟦20475⟧) dinars, totaling twenty thousand four hundred and seventy-five dinars, considering the annual rent to be nine hundred and seventy- five dinars. Second - The term of this lease begins as of the date of issuance of permission from the Court of Personal Status in Baghdad for this contract. Third - The Second Party undertakes to pay the rental fee to the First Party in equal annual installments, numbering twenty-one installments, each installment in the amount of nine hundred and seventy-five dinars, and each installment shall be paid on the first day of each year ⟦which⟧ begins from the date of issuance of permission from the Court of Personal Status for this contract. If the Second Party, the Lessee, delays in paying any due installment of the rental fees, all remaining installments shall become due for performance and payable immediately without serving notice or obtaining a judgment. Fourth - The First Party is considered to have received from the Second Party the rent for the first year or the installment the first amounting to 975 dinars by virtue of a dated check numbered drawn to his order on the Ottoman Bank in Baghdad. - To be continued -
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- 2 - Fifth ⟦line⟧ The Second Party undertakes to develop and build on the leased property a building consisting of a basement and two floors containing warehouses and rooms according to the design approved by both parties, and that the construction shall be in cement and reinforced concrete in a secure manner on the modern style, and that he shall spend for these buildings and installations an amount not less than fourteen thousand Dinars to be paid from his own funds according to the experts' estimation, along with paying all fees and expenses and necessary costs for that, in addition to the rent due to be paid by him to the Lessor the First Party as indicated in the third clause of this contract. And upon the expiry of the lease term or upon its termination or dissolution, all buildings, installations, and improvements attached to and fixed in the leased property which the Lessee, the Second Party, is assigned to build, shall remain entirely the property of the Waqf of Hesqiel Menachem Daniel and the Second Party is obliged to deliver them to the First Party or his successor in good condition and without damage so that they are suitable for exploitation without having the right to remove them or claim compensation for them from the Lessor in any form whatsoever, considering them property belonging to the aforementioned Waqf. Sixth ⟦line⟧ The Second Party is obliged and committed to complete the buildings and installations agreed upon under this contract within four years from the date of issuance of the permission by the Judge of Personal Status on this contract. And if the period expires and he does not complete them, the First Party shall have the choice to consider this contract terminated, and in this case, the building constructed on the leased property which was not completed remains the property of the Waqf of Hesqiel Menachem Daniel aforementioned, in addition to the Lessee, the Second Party, paying the rents that have become due from him until the vacation and delivery of the leased property to the Lessor, the First Party, without stopping for notice or obtaining a judgment. Seventh ⟦line⟧ The Lessee, the Second Party, may use the leased property as a store for medicines or a commercial site and benefit from it in a manner that does not harm the leased property and according to the purpose for which the building was established, so that he may not use it as a place for blacksmithing, for example, or a cinema or the like, just as he is not permitted to use it as a place for works resulting in damages or destruction of the leased property. And if he violates that, he shall be obliged to pay damages amounting to five thousand Dinars without the service of a notice, and the Lessor, the First Party, shall have the choice of terminating or not terminating the lease. Eighth ⟦line⟧ In case the Mayoralty of the Capital or any other authority does not agree to grant the license to the Lessee, the Second Party, necessary to carry out the construction and installations he is assigned to carry out in the leased property for any reason whatsoever, that shall not be a reason for the termination of this contract, but the Lessee, the Second Party, must follow the observed regulations and laws and instructions imposed by the Mayoralty of the Capital or other authorities in this regard. Ninth ⟦line⟧ The Lessee, the Second Party, has the right to use the leased property himself and is not permitted to transfer this contract to others without written permission from the First Party. And this does not prejudice the right of the Second Party to exploit - to be continued -
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- 3 - the leased property within the lease term, and in leasing the buildings he constructs to whomever he wishes according to the customary procedures. Tenth ⟦line⟧ All taxes and costs imposed or to be imposed on the leased property, such as property fees, property tax, security, water, paving, electricity fees, and cleaning expenses, shall be the responsibility of the Tenant, the Second Party, throughout the lease term. Likewise, the fees for water or sewage and waste water that the Tenant may wish to drain into the private municipal sewers shall be his responsibility, and he undertakes to produce the receipts to the Lessor, the First Party, upon the expiry of the lease term, or upon its cancellation or dissolution, and the vacation of the leased property and its delivery to the aforementioned Lessor. Eleventh ⟦line⟧ The Second Party undertakes to preserve the leased property and to repair every defect that occurs to it, whether this defect is partial or total, and to maintain it throughout the lease term. He shall be obligated to pay all necessary expenses for restoration, maintenance, and repair from his own funds, and he has no right of recourse against the First Party for anything he spends for the purpose of repair, maintenance, restoration, and preservation. Twelfth ⟦line⟧ The Second Party is obligated and committed to insure the leased property, its building, its facilities, and all its structures against fire throughout the lease term for an amount equivalent to the actual construction value, which has been specifically determined as fourteen thousand Dinars, with one of the insurance companies, and the insurance fees shall be paid from his own funds. Accordingly, if a fire occurs at the leased property causing its destruction in part or in whole, this shall not be a reason for canceling this contract as long as the Tenant is obligated to insure the leased property as mentioned above. Therefore, if—God forbid—the leased property, its building, facilities, and structures are destroyed as a result of fire such that the benefit has become completely non-existent in a total or partial manner, the Second Party shall be obligated to rebuild the structures, building, and facilities anew to their previous state, and the costs and expenses shall be paid from his own funds. If he violates this, he shall be obligated to pay to the First Party the value of those buildings, restorations, and facilities that were destroyed as a result of the fire, as determined by experts, so that the Second Party may rebuild the burned structures and facilities to their previous state without waiting for the issuance of a warning or the obtaining of a judgment. Thirteenth ⟦line⟧ Upon the expiry of the lease term, or upon its cancellation or dissolution, the Tenant, the Second Party, has no right to destroy, sabotage, or uproot the buildings, facilities, and restorations he has created and which he is obligated to perform in the leased property. If he violates this, the Lessor, the First Party, shall have the right to value their worth. Fourteenth ⟦line⟧ The Tenant, the Second Party, must not neglect the maintenance of the building and facilities in the leased property during the lease term and must not demolish them in whole or in part. If it becomes necessary to demolish a part of it according to technical necessity and need, he must reconstruct that part which he demolished at a cost not less than its original cost, and the necessary expenses shall be paid from his own funds. - To be continued -