DATED 3RD JUNE 1998
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(1) USF NOMINEES LIMITED
(2) DLJ UK PROPERTIES LIMITED
(3) ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, INC.
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UNDERLEASE
of the whole of ▇▇▇-▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇
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From : 3rd June 1998
Term : 20 years
Expires: 2nd June 2018
Initial rent: Pounds sterling 5,764,540
BOODLE
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▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇
Telephone ▇▇▇▇ ▇▇▇ ▇▇▇▇ o Fax ▇▇▇▇ ▇▇▇ ▇▇▇▇ o DX53
INDEX
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INTERPRETATION...................................................
Defined terms..................................................
End of the Term................................................
Landlord and Tenant(Covenants) Act 1995........................
Construction of obligations....................................
Statutes.......................................................
Value Added Tax................................................
Indemnities....................................................
Superior interests.............................................
Approvals......................................................
Vitiation of insurance.........................................
Parties and joint and several obligations......................
Clause numbers.................................................
TERM RIGHTS & RENTS..............................................
TENANT'S COVENANTS...............................................
Rent...........................................................
Interest on arrears............................................
Outgoings......................................................
Common outgoings...............................................
Common items...................................................
Value Added Tax ...............................................
Gas electricity and other services.............................
Repair.........................................................
To clean windows...............................................
Internal decoration............................................
External decoration............................................
Standard of works..............................................
Reinstatement and delivery at end of Term......................
Alienation.....................................................
Enforcement of underlease terms................................
Registration of dealings.......................................
Alterations....................................................
Permitted user.................................................
No nuisance....................................................
No overloading.................................................
Other restrictions.............................................
Contamination..................................................
Waste and refuse...............................................
Plant and machinery............................................
Aerials........................................................
Signs..........................................................
Preservation of rights and boundaries..........................
Reletting and for sale notices.................................
Rights of entry................................................
To permit Landlord to remedy breach............................
Statutory obligations..........................................
Copies of notices..............................................
To pay charges under the Planning Acts.........................
No planning applications etc without consent...................
Copies of permissions..........................................
To complete works before end of Term...........................
Landlord's costs...............................................
Indemnities....................................................
Deeds affecting the reversion..................................
Surety.........................................................
LANDLORD'S COVENANT..............................................
Quiet Enjoyment................................................
INSURANCE OBLIGATIONS............................................
Landlord to effect insurance...................................
Landlord's insurance covenants.................................
Landlord to obtain consents for rebuilding.....................
Landlord to reinstate..........................................
Cesser of rent and termination.................................
Tenant's insurance obligations.................................
Payment of monies to Landlord..................................
PROVISOS.........................................................
Forfeiture.....................................................
No implied rights..............................................
No restrictions on adjoining property..........................
Exclusion of liability ........................................
Release of Landlord............................................
Service of notices.............................................
Representations................................................
Validity.......................................................
Applicable Law.................................................
Floor areas....................................................
RENT REVIEW......................................................
Frequency of review............................................
Upwards only reviews...........................................
Basis of valuation.............................................
Treatment of rent free periods.................................
Method of determination........................................
Interim arrangements...........................................
Time not of the essence........................................
Statutory restrictions.........................................
Memoranda......................................................
The Arbitration Act 1996.......................................
SURETY'S COVENANTS...............................................
SCHEDULE 1.......................................................
(Rights granted)...............................................
SCHEDULE 2.......................................................
(Exceptions and reservations)..................................
SCHEDULE 3.......................................................
(Documents which affect or relate to the Premises).............
(Encumbrances).................................................
(Documents which benefit the Premises).........................
SCHEDULE 4.......................................................
(Alienation conditions)........................................
(Requirements for an assignment)...............................
(General requirements).........................................
SCHEDULE 5.......................................................
(Surety covenants).............................................
SCHEDULE 6.......................................................
(Form of Authorised Guarantee Agreement).......................
SCHEDULE 7.......................................................
(Agreed net internal areas)....................................
THIS UNDERLESS made the third day of June 1998
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BETWEEN:
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(1) USF NOMINEES LIMITED (Company Registration Number 263490) whose registered
office is at ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ("the Landlord") and
(2) DLJ UK PROPERTIES LIMITED (Company Registration Number 3530382) whose
registered office is at ▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ("the Tenant") and
(3) ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, INC. of ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ 10 whose
address for service is c/o ▇ ▇ ▇▇▇▇▇▇ & Co of ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇ (Ref: ENHP) ("the Surety")
WITNESSES as follows:
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INTERPRETATION
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1. IN this lease the headings and index shall be ignored in its construction
and unless context otherwise requires:
Defined terms
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1.1 The following expressions have the meanings set against them:
"A3 Unit" the Part of the Premises shown for the purpose
identification only edged red on the plan annex
hereto.
"Basic Rent" the rent payable under Clause 2.1
"conduits" pipes sewers drains cisterns ducts waterthouse
wires cables channels flues and conducting
media and any other apparatus
"Contract Employee" an employee or partner of another firm who
1
within the Premises solely providing services the
Tenant and who solely works for the Tenant and
whose function would be performed by employee of
the Tenant in the absence contractual relationship
"full cost of such amount as is the full cost of rebuilding
reinstatement" Premises after destruction by an Insured
(including the cost of shoring-up demolition
clearance any works that may be required statute
professional fees payable on applications for
planning permission or consents Value Added Tax and
other expenses) when the rebuilding occurs
any likely increases in building costs up to time
of completion
"Insurance Rent" such sums as the Landlord shall pay by way gross
premiums:
(1) for effecting insurance at commercial rates
under Clause 5.1 and
(2) in respect of the Landlord's liability
insurance at reasonable commercial rates
Together with (or with where applicable the
proportion of):
(3) all reasonable and proper expenses
2
[ MAP OMITTED ]
[ FLOOR PLAN ]
incurred by the Landlord in connection with
valuation of the full cost of reinstatement
excluding any expenses incurred by the Landlord
in carrying out any more than one valuation in
three year period) and
(4) any reasonable or usual excesses as insurers
require under any policy of insurance effected by
the Landlord under Clause 5.1 respect of any
Insured Damage that occurs
"Insured Damage" damage or destruction to any part of the
which is caused by a risk against which at the
of the damage or destruction the Landlord has
should have effected insurance of that part of
Premises under Clause 5.1
"Insured Risks" damage or destruction arising from
activity fire lightning storm explosion
aircraft and other aerial devices and
dropped therefrom riot malicious damage
commotion earthquake (fire and shock) bursting
overflowing of water tanks apparatus or pipes
so long as each such risk remains insurable
insurers of repute at reasonable commercial
or is actually insured by the Landlord in
reasonable discretion for the purposes of
3
Lease together with such other usual commercial
risks of damage or destruction to the
against which the Landlord reasonably from
to time effects insurance for the purpose of
Lease (if any) or as the Tenant may reasonably
require
"Landlord's insurance against all liability of the Landlord
liability third parties arising out of or in connection
insurance" the Premises or any matter relating to the Premises
on such terms and in such amount as the Landlord
from time to time reasonably determines
"Loss of Rent" the amount of the Basic Rent for the time
payable during a period of five years including
increase in Basic Rent during such period the
Landlord reasonably estimates occur as result of
any review due under Clause.
"Outgoings" (in relation to the Premises or other property as
context requires) all present and future
charges taxes assessments impositions
outgoings of any kind (including without limit
the foregoing any which are of a capital or
recurring nature or wholly novel) assessed charged
imposed or payable by or on any owner
occupier of or on or in respect of the Premises
4
(pursuant to Clause 3.4 hereof) other
respectively
"Planning Acts" the Town and Country Planning ▇▇▇ ▇▇▇▇
Planning (Listed Building and Areas)
▇▇▇ ▇▇▇▇ the Planning (Substances) ▇▇▇ ▇▇▇▇
and other statutes relating town and country
planning
"Plant" all plant and machinery comprising part of
Landlord's fixtures and fittings now or hereafter
or serving the Premises including (but
limiting the foregoing) any lifts and lift
boilers public address system internal telephone
air conditioning heating and ventilation plant a
machinery sprinklers and associated
electrical systems fire detection and fire
systems central or monitoring systems
installations and any plant and machinery
time to time installed to replace any of
foregoing
"Premises" the whole and each part of the premises known
▇▇▇/▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ register
at H M Land Registry under title number
738917 including all additions and alterations
the Premises and (without limiting the foregoing
5
any tiles carpeting and other furnishing of
floor referred to in the specification
hereto but excluding (for the avoidance of
any Tenant's fixtures and fittings
"Prescribed Rate" 4 per cent annum above the base rate
National Westminster Bank plc or (if such
ceases to exist) above such other base rate
interest as the Landlord from time to time
reasonably determines
"Quarter Days" 25 March 24 June 29 September and
December in each year
"rents" the Basic Rent and the Insurance Rent
"Rent 14th June 1999
Commencement
Date"
"Superior Lease" a lease dated 3 April 1996 between Old
Street Properties Limited (1) and the Landlord(2)
"Term" the term of year granted by Clause 2 together
with any period of holding-over extension
continuance by statute or common law
"Visitor" The Tenant any undertenant (however remote)
the whole or any part of the Premises and a person
within the Premises expressly with
authority or under the control of the Tenant or a
6
such undertenant
"1954 Act" the Landlord and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇
"Group Company" any subsidiary or holding company of
the Tenant or the Guarantor and for the
purpose of this Lease, a company is a
subsidiary of another company or
holding company if that other company
holds a minimum of 25% of the issued
share capital carrying voting rights
End of the Term
1.2 "The last year of the Term" and "the end of the Term" mean
the last twelve months of and the end of the Term however it
ends (including by expense forfeiture or surrender)
Landlord and Tenant (Covenants) ▇▇▇ ▇▇▇▇
1.3 The expressions "excluded assignment" "authorised guarantee
agreement" and "collateral agreement" have in relation to
this Lease the meanings specified in Sections 11(1) 16 and
28(1) of the Landlord and Tenant (Covenants) ▇▇▇ ▇▇▇▇
Construction of obligations
1.4 Obligations by the Tenant:
1.4.1 not to do or omit to do anything in relation to the
Premises or other property include an obligation to
ensure that such act or thing is not done or omitted by
(in relation to the Premises) any other person and (in
relation to other property) and Visitor
7
1.4.2 to do anything in relation to the Premises or other
property include obligation to ensure that (in relation
to the Premises) all other persons and (in relation to
other property) all Visitors comply with them
1.5 References to obligations of the Tenant in this Lease include
obligations of the Tenant in any document entered into
pursuant to this lease and in any collateral agreement
Statutes
1.6 References to a statute or a statutory instrument include any
extension, amendment or re-enactment for the time being in
force and any regulation instruments permissions directions
orders or notices for the time being made or issued under
them
Value Added Tax
1.7 References to Value Added Tax include any similar tax
substituted for or levied in addition to it
Indemnities
1.8 Obligations to indemnify the Landlord against a matter are
obligations to indemnify the Landlord against liabilities
actions proceedings damages penalties proper costs expenses
claims and demands of whatsoever nature and any property fees
and expenditure incurred arising directly or indirectly from
or in connection with that matter
Superior interests
1.9 References to the Landlord include any superior landlord of
the Landlord where:
1.9.1 the relevant superior lease requires the approval of
the superior landlord to a matter and the Landlord's
approval to that matter is required under
8
this Lease (although nothing in this Lease shall
prevent the superior landlord from withholding its
approval if it is entitled to do so under the relevant
superior lease)
1.9.2 there is provision for repayment to the Landlord of any
expense incurred and
1.9.3 there is an indemnity in favour of the Landlord
Approvals
1.10 References to the approval or consent of or to a matter being
approved by a person are to its prior written approval or
consent
Vitiation of insurance
1.11 References to insurance being vitiated are to the insurance
effected under Clause 5.1 (and if relevant Landlord's
liability or other similar insurance) being vitiated and/or
payment of the insurance monies under such insurance being
refused in whole or part by reason of any act or omission by
any Visitor
Parties and Joint and several obligations
1.12 References to "the Landlord" and "the Tenant" include the
immediate landlord and the tenant for the time being under
this Lease and (if respectively more than one person) their
and the Surety's obligations are joint and several
Clause numbers
1.13 Without further designation references to numbered Clauses
and Schedules and to clauses of and schedules to this Lease
TERM RIGHTS & RENTS
2. THE Landlord DEMISES the Premises to the Tenant
9
TOGETHER WITH (in common with the Landlord those authorised by it
and all others with similar rights) the rights specified in
Schedule 1
RESERVING to the Landlord and those authorised by it the rights
specified in Schedule 2
SUBJECT to the matters specified in Part I of Schedule 3 and
(insofar as they are valued and affect the Premises) with the
benefit of the matters in or referred to in the document specified
in part II of Schedule 3
TO HOLD to the Tenant from and including the 3rd day of June 1998 a
term of 20 years
PAYING to the landlord:
2.1 Yearly during the Term (and proportionately for any shorter
period) (pounds sterling) 5,764,540 (Five million seven
hundred and sixty-four thousand five hundred and forty
pounds) (subject to increase in accordance with Clause 7) by
equal quarterly payments in advance on the Quarter Days the
first to be made on the Rent Commencement Date proportionate
from and including the Rent Commencement Date to and
including the day before the next Quarter Day
2.2 By way of further rent the Insurance Rent within ten days of
demand
TENANT'S COVENANTS
3. THE Tenant COVENANTS with the Landlord during the Term and thereafter
specified as follows:
Rent
3.1 To pay the rents:
3.1.1 in accordance with Clause 2 without any deduction and
not to exercise any right or claim to withhold rent or
legal or equitable set-off
10
3.1.2 (if so requested by the Landlord in writing) by
banker's standing order credit transfer to a bank
account in the United Kingdom nominated by the Landlord
Interest on arrears
3.2 To pay the Landlord interest at the Prescribed Rate from when
the rent or other sum was due or incurred until actual
payment or reimbursement (whether formally demanded or not
and before and after the judgment) on:
3.2.1 any part of the Insurance Rent unpaid on the due date
3.2.2 any part of the Basic Rent unpaid seven days after it
is due
3.2.3 any other sum due under this Lease unpaid ten days
after it is due
PROVIDED THAT this sub-clause is without prejudice to any
other right of Landlord and rents and other sums shall be
deemed unpaid if the Tenant is in breach of the terms of this
Lease and the Landlord has properly refused to accept a
payment so as not to waive a right to forfeit this Lease
Outgoings
3.3 To pay and indemnify the Landlord against all Outgoings which
relate to Premises excluding (save for Value Added Tax) any
payable by the Landlord occasioned by receipt of the rents or
by any dealing with any interest ownership in the Premises of
the Landlord or any superior landlord
Common outgoings
3.4 To repay to the Landlord within ten days of demand a fair
proportion (to be reasonably determined from time to time by
the Landlord) of any Outgoings which relate to the Premises
and other property
11
Common items
3.5 To pay on demand a fair proportion (to be determined from
time to time by the Landlord) of the costs of maintaining
repairing renewing rebuilding (in the case of renewing and
rebuilding when necessary for the purpose of repair)
cleansing as appropriate all conduits for which the Tenant is
not liable hereunder the use which is common to the Premises
and any other property
Value Added Tax
3.6 To pay to the Landlord as additional rent any Value Added Tax
chargeable any payments or other consideration (including the
rents) made or given by the Tenant under or in connection
with this Lease such Value Added Tax to be payable in
addition to such payments or other consideration and on
receipt thereof the Landlord shall issue a valid Value Added
Tax invoice addressed to the Tenant
3.7 Where under this Lease the Tenant agrees to pay the Landlord
or any other person (including without limitation by way of
indemnity or reimbursement a sum calculated by reference to
an amount expended by the Landlord or another person to pay
in addition a sum equal to any Value Added Tax on such
amounts save to the extent (if any) that is recoverable or
has been recovered by the Landlord or other person
respectively
3.8 at no time to represent or claim to the Commissioners of
Customs & Excise any other person or authority or bring
proceedings of any kind to establish that or any person with
whom it is connected within the meaning of Section 839 the
Income and Corporation Taxes Act 1988 has as at the date of
this Lease provided finance for the Landlord's development of
the Premises or entered into
12
any agreement arrangement or understanding (whether or not
legally enforceable) to provide finance for the Landlord's
development of the Premises (within the meaning of paragraph
3A(3) and (4) Schedule 10 VATA 1994 that any supplies for
Value Added Tax purposes made to the Tenant by the Landlord
under this Lease should not be treated as taxable supplies by
virtue of the provisions of paragraph 2(3AA) Schedule 10 VATA
1994
Gas electricity and other services
3.9 To pay to the suppliers all charges for gas electricity and
other services consumed or used at the Premises and all
charges for meters and telephones and to comply with all
requirements of the supplying authorities insofar as they
relate to the Premises
Repair
3.10 To keep the Premises in good and substantial repair and
condition except Insured Damage save where the insurance
against such Insured Damage is vitiated
3.11 To keep the Premises in a clean and tidy condition and clear
of all rubbish
3.12 To replace any landlord's fixtures in the Premises which are
or become beyond repair with other good quality fixtures
3.13 To give written notice to the Landlord of any defect or item
requiring repair in the Premises which might give rise to a
common law or statutory duty on the Landlord in favour of the
Tenant or any other person as soon as it comes to the
attention of the Tenant or those deriving title under it
13
To clean windows
3.14 to clean all windows of the Premises as often as may be
necessary and externally at least once in every month and
internally once in every two months
Internal decoration
3.15 In 2003 and thereafter at least once in every consecutive
period of five years and in the last twelve months of the
last year of the Term (but no so that these works are
required twice in any one period of twenty four consecutive
months) prepare and paint with at least two coats of good
quality paint all parts of the inside of the Premises as
shall have been previously painted
3.16 In the last twelve months of the last year of the Term (but
not so that the works are required twice in any one period of
twenty-four consecutive months to supply and lay throughout
the Premises new blinds and new fitted carpets such carpets
to be of no less quality than those set out in specification
annexed hereto and of a colour and design required by
Landlord acting reasonably both as to the colour and design
required by Landlord acting reasonably both as to the colour
design and cost of such blinds and carpets
External decoration
3.17 In 2003 and thereafter at least once in every consecutive
period of five years and in the last twelve months of the
last year of the Term (but not so that the works are required
twice in any one period of twenty-four consecutive months to
prepare and paint with at least two coats of good quality
paint all parts of the exterior of the Premises as shall have
been previously painted and as often as reasonably necessary
to clean and re-point the external brickwork plasterwork and
stonework of the Premises PROVIDED THAT the Tenant shall not
paint the
14
whole or any part of any external brickwork steelwork or
stonework of Premises unless such has actually been painted
before the date of this Lease
3.18 As often as is reasonably necessary to clean and treat in a
proper manner other surfaces and fixtures in the Premises not
required to be painted
Standard of works
3.19 To carry out repairs decorations and other works required
under this Lease in a good and workmanlike manner
Reinstatement and delivery at the end of Term
3.20 Before the end of the Term:
3.20.1 to remove any additions or alterations made to the
Premises during Term so as to reinstate and restore the
Premises into the state and condition set out in the
specification annexed hereto
3.20.2 to remove any advertisements or signs erected on or
near the Premises and
3.20.3 to make good any damaged caused by such removal and
the removal of tenant's fixtures
3.21 At the end of the Term to deliver the Premises up in repair
and in accordance with the Tenant's obligations in this Lease
Alienation
3.22 Not to assign charge underlet hold on trust for another or
otherwise part with share possession or occupation of or
suffer any other person to occupy or have an interest in the
whole or any part of the Premises save by way of assignment
charge sharing occupation or possession or underletting of
the whole
15
of the Premises or an underletting of part of the Premises
satisfying the relevant requirements of Schedule 4
Enforcement of underlease terms
3.23 In relation to any underlease however remote of the whole or
any part of Premises:
3.23.1 not to waive or save with the prior written consent of
the Landlord (which shall not be unreasonably withheld or
delayed if such variation complies with the terms of the
Lease) vary its terms
3.23.2 to procure that the tenant for the time being complies
with the covenant given or which it should have given to
the Landlord pursuant to Part II Schedule 4 and in any
document entered into by the Tenant pursuant to this Lease
2.23.3 to operate properly any provisions for the review of rent
thereby reserved in accordance with its terms
3.23.4 within twenty-one days to give notice to the Landlord of
the details and the determination of every rent review
Registration of dealings
3.24 Within twenty-eight days after any assignment charge
underlease transmission or other disposition or devolution
relating to the whole or any part of the Premises or any
derivative interest in them to give notice of such to the
landlord and to produce to the Landlord a certified copy of
the relevant document and to pay the Landlord's solicitors'
reasonable and proper charges for the registration of every
such document
16
Alterations
3.25 Not to erect any new buildings on the Premises nor to annex
the Premises to other premises nor to make any alterations or
additions which will alter the height or elevation of the
Premises and not to make any external or any structural
alterations or additions to the Premises
3.26 Subject to Clause 3.25 not to make any other alterations or
additions to the Premises without the Landlord's approval
(such approval not to be unreasonably withheld or delayed)
nor without having entered into such obligations as Landlord
shall reasonably require as to their execution and
reinstatement PROVIDED THAT no approval shall be required for
the erection alteration or removal of internal demountable
partitioning and associated works but Tenant shall submit
full details to the Landlord within three months of doing so
Permitted user
3.27 To use those parts of the Premises designated as at the date
hereof as offices only as offices within sub-class (a) of
Class B1 of the Schedule to the Town and Country Planning
(Use Classes) Order 1987 (ignoring for this purpose an
extension amendment or revocation of such Order made after
the date of the Lease) (" the 1987 Order") together with
ancillary storage and car parking and in addition (but
without limiting the foregoing) to use the A3 Unit as a good
quality licensed wine bar or for such other purpose within
Class A3 or Class A of the Schedule to the 1987 Order as the
Landlord shall approve (such approval not to be unreasonably
withheld or delayed)
17
No nuisance
3.28 Not to do on the Premises anything which in the reasonable
opinion of Landlord will become or cause a nuisance damage or
material disturbance to the Landlord or to its lessees or to
the owners or occupiers of neighbouring properties.
No overloading
3.29 Not to do or bring in or on the Premises anything which may
put any weight or impose a strain in excess of that which the
Premises are designed to bear
Other restrictions
3.30 Not to hold any sale by auction on the Premises
3.31 Not to permit any person to sleep in the Premises nor to use
the Premises for any residential illegal or immoral purpose
3.32 Not to allow to pass into the sewers or drains or
watercourses serving the Premises any noxious or deleterious
effluent or other substance which may obstruct or damage them
and to make good any such obstruction or damage caused
thereto
Contamination
3.33 Not to allow any noxious or deleterious effluent or any form
of contaminant pollutant or other substance to seep into or
otherwise enter the buildings or other structures on the
Premises or the ground below them
Waste and refuse
3.34 To make proper and adequate arrangements for the removal from
the Premises of all trade and other waste in accordance with
the requirements of a competent authority and any reasonable
regulations made from time to time by the Landlord
18
Plant and machinery
3.35 Not without the approval of the Landlord (such approval not
to be unreasonably withheld or delayed) to erect or install
in the Premises any engine or machinery or other appliance or
apparatus of any description (other than usual office
machinery)
3.36 Not to overload the electrical wiring or drainage
installations and apparatus in serving the Premises and to
ensure that they comply with the standard terms conditions
and regulations of the relevant authorities
3.37 To keep all Plant in working order and to enter into and
maintain comprehensive maintenance contracts with reputable
contractors
Aerials
3.38 Not without the approval of the Landlord (such approval not
to be unreasonably withheld or delayed) to erect on the
exterior of the Premises any pole mast w??? aerial or dish or
any erection of any kind whatsoever
Signs
3.39 Not to fix or exhibit on the exterior of or (if visible from
the exterior) the interior of the Premises any sign placard
notice fascia board or advertisement other than with the
approval of the landlord (such approval not to be
unreasonably withheld or delayed) signs giving the name of
the Tenant and occupiers of the Premises
Preservation of rights and boundaries
3.40 not to obstruct any window or light enjoyed by the Premises
and to use best endeavours to prevent the loss of any right
belonging to the Premises
19
3.41 To take reasonable steps (insofar as it is within the
Tenant's control) to prevent any encroachment on the Premises
and the acquisition of any right over the Premises and to
notify the Landlord upon becoming aware of any encroachment
or if the acquisition of a right is attempted or made
Reletting and for sale notices
3.42 To permit the Landlord (save where the Tenant is intending to
apply for a r??? tenancy under the 1954 Act and has indicated
such intention to the Landlord in writing) at any time after
the date six months before the end of the contracted term
created by Clause 2 in the case of re-letting to fix and
retain on any suitable part of the Premises a notice for
re-letting the Premises and not to remove or obscure such
notice and to permit all persons with the authority of the
Landlord to view the Premises at reasonable hours on
reasonable prior written appointment
Rights of entry
3.43 To permit the Landlord and those authorised by it to enter
the Premises to:
3.43.1 ascertain whether the Tenant has complied with its
obligations of this Lease
3.43.2 assess the full cost of reinstatement
3.43.3 take schedules of fixtures and chattels to be yielded
up at the end of the Term
3.43.4 inspect repair renew connect to cleanse move relay or
construct existing or new conduits or Plant in over or
under the Premises serving or to serve any neighbouring
property
3.43.5 comply with the obligations in any superior lease
20
AND anyone exercising the right of entry shall:
3.43.6 (except in an emergency) do so only at reasonable
times and reasonable prior written notice
3.43.7 cause as little damage and inconvenience as reasonably
practicable and
3.43.8 make good any resulting damage to the Premises
3.43.9 comply with such reasonable security requirements of
the Tenant as the Tenant may specify
To permit Landlord to remedy breach
3.44 To permit the Landlord and all those authorised by it to
enter the Premises without liability to the Tenant for any
inconvenience thereby created to remove any breach of the
Tenant's obligations in this Lease specified by the
Landlord's notice to the Tenant if three months thereafter
the Tenant has not completed remedying the breach AND the
costs properly so incurred by the Landlord (including
solicitors' and surveyors' fees) shall be a liquidated debt
and paid by the Tenant to the Landlord on demand
Statutory obligations
3.45 To comply with the present and future requirements of any
statute government department local or other public or
competent authority or court relating to the Premises or
their use whether imposed on any owner or occupier of them
including (but without limiting the foregoing) to apply for
obtain and maintain fire certificate in respect of the
Premises insofar as it is not the Landlord's statutory
obligation to do so
21
3.46 To execute all works and provide and maintain all
arrangements on or in respect of the Premises or their use
that are required under Clause 3.45
3.47 Not to do or omit to do in or near the Premises any thing as
a result of which Landlord may under any statute have imposed
upon it or become liable to any penalty damages compensation
costs charges or expenses
Copies of notices
3.48 As soon as reasonably practicable after receipt to give to
the Landlord particulars of any notice order proposal or
recommendation given to or served on the Tenant or any owner
or occupier of the Premises affecting the Premises
neighbouring property whether advertised or served directly
on the Tenant such owner or occupier or the original (or a
copy) is received by any of them from any other person
3.49 If so requested by the Landlord to produce any such notice
order proposal recommendation and at the request and cost of
the Landlord to make or join making such objections or
representations in respect of it as the Landlord requests
provided that such representations and objections do not
adversely affect the Tenant's interest
To pay charges under the Planning Acts
3.50 To pay and satisfy any charge or levy imposed under the
Planning Acts during or after the Term in respect of the
carrying out or maintenance of any operation at the Premises
or the commencement or continuance of any use of the Premises
during the Term
22
No planning applications etc without consent
3.51 Not to serve any notice on not to enter into any agreement
with the planning authority nor without the approval of the
Landlord (such approval not to be unreasonably withheld or
delayed) make any application for permission under the
Planning Acts
Copies of permissions
3.52 As soon as reasonably practicable after receipt to give to
the Landlord a copy of the grant refusal or modification of
any permission or other decision under Planning Acts
To complete works before end of Term
3.53 To carry out and complete before the end of the Term:
3.53.1 any works to be carried out to the Premises by a
date subsequent to end of the Term by a condition of
any planning permission granted any development
implemented before the end of the Term and
3.53.2 any development implemented upon the Premises in
respect of which the Landlord shall or may be liable
for any charge or levy under the Planning Acts
Landlord's costs
3.54 To pay to the Landlord within ten days of demand all (in the case of
Clauses 3.54.1 and 3.54.4 reasonable and proper) costs fees damages
charges and expenses (including insofar as it is reasonable to employ
the same those agents bailiffs and professional advisers) properly
incurred in connection with incidental to:
23
3.54.1 any application by the Tenant or any person deriving title
under Tenant in connection with the Premises or any term of
this Lease whether it proceeds or is granted refused or
granted subject to condition unless unreasonably refused or
proffered subject to unreasonable conditions
3.54.2 the preparation and service of a notice under Section 146 of
the Law Property Act 1925 or any steps taken in or in
contemplation of proceedings under Sections 146 or 147 of
that Act or otherwise require the Tenant to remedy any breach
of the Tenant's obligations in this Lease (notwithstanding
that forfeiture is avoided otherwise than by _____ granted by
the court and whether or not any right of forfeiture is
waived by the Landlord or a notice served under the said
Section 146 complied with by the Tenant)
3.54.3 any steps taken in or towards preparing or serving a schedule
dilapidations whether for service during or within six months
after the end of the Term
3.54.4 the recovery or attempted recovery of arrears of the rents or
other sums due from the Tenant under this Lease or any other
breach by the Tenants of its obligations in this Lease
Indemnities
3.55 To indemnify the Landlord against any act omission or
negligence of any Visitor and any breach of the Tenant's
obligations in this Lease by any Visitor
24
Deeds affecting the reversion
3.56 To comply with the obligations in or referred to in the
documents set out in Schedule 3 insofar as they relate to the
Premises or the exercise of the right granted by this Lease
and are subsisting and (so far as aforesaid) to indemnify the
Landlord against all matters relating thereto
Surety
3.57 To give notice to the Landlord within fourteen days if the
Surety (or if more than one person any of them) or any person
who has entered into covenants with Landlord in the form of
the covenants in Schedule 5 becomes bankrupt becomes
insolvent or is otherwise dissolved wound up or ceases to
exist and required by the Landlord following the service of
such notice to procure ________ within fourteen days of the
request some other person reasonably acceptable the Landlord
enters into covenants with the Landlord in the form of
covenants in Schedule 5 PROVIDED THAT this Clause will not
apply when this Lease is vested in DLJ UK Properties Limited
unless the Surety is dissolved wound up or ceases to exist
as a result of a solvent amalgamation reorganisation
LANDLORD'S COVENANT
4. THE Landlord COVENANTS with the Tenant as follows:
Quiet Enjoyment
4.1 That the Tenant shall peaceably hold and enjoy the Premises
during the Term without interruption or disturbance from or
by the Landlord or any person lawfully claiming under or in
trust for the Landlord
25
4.2.1 To pay the rents reserved by the Superior Lease and to
perform so far as Tenant is not liable for such performance
under the terms of this Lease covenants and conditions on the
part of the lessee contained in the Super Lease
4.2.2 On the request and at the reasonable expense of the
Tenant to take all reasonable steps to enforce the
covenants of the superior landlord contained in the
Superior Lease
4.3 To take all reasonable steps at the Tenant's reasonable
expense to obtain consent of the superior landlord under the
Superior Lease whenever the Tenant makes application for any
consent required under this Lease when the consent both the
Landlord and such superior landlord is needed by virtue of
this Lease and the Superior Lease
4.4 Not to name the Premises and to permit the Tenant to name the
Premises with such name as the Tenant properly requires
INSURANCE OBLIGATIONS
5. THE Landlord and the Tenant AGREE with each other as follows:
Landlord to effect insurance
5.1 (Unless the insurance is vitiated and subject to such
reasonable or usual exclusions qualifications and excesses
as the insurers require) the Landlord shall insure and keep
insured the Premises (excluding tenant's fixtures and any
item which the Tenant covenants to insure but including the
plate glass in the Premises) against risk of loss or damage
by the Insured Risks in the full cost
26
reinstatement together with Value Added Tax and for Loss of
Rent or so procure such insurance
Landlord's insurance covenants
5.2 The Landlord covenants with the Tenant in relation to the
policy of insurance effected by the Landlord pursuant to its
obligations contained in this Lease:
5.2.1 to procure that the interest of the Tenant and any
undertenants are not on the policy
5.2.2 to produce to the Tenant on demand written
confirmation from insurers that they have agreed to
waive all rights of subrogation against the Tenant
or any undertenants
5.2.3 to produce to the Tenant on demand (but not more
than once in twelve month period) a written summary
of the terms of the policy insurance effected by the
Landlord
Landlord to obtain consents for rebuilding
5.3 If the Premises suffer Insured Damage the Landlord shall use
its reasonable endeavours to obtain all planning permissions
or other permits and consent required under the Planning Acts
or other statutes (if any) ("the Permissions" enable it to
rebuild the parts of the Premises which have suffered the
Insured Damage PROVIDED THAT:
5.3.1 if the insurance against any Insured Damage (or any
damage destruction which would be Insured Damage but
for such vitiation vitiated (subject to Clause 5.2
above) the Landlord's obligations Clauses 5.3 and
5.4 shall not apply in relation to that damage
destruction unless and until the Tenant has within
six months of
27
occurrence of the damage or destruction paid to the
Landlord in full sums due under Clause 5.6.2 as a
result of the vitiation
5.3.2 all sums received in respect of such insurance shall
belong to Landlord and the Tenant according to the
value of their respective interests
Landlord to reinstate
5.4 If the Premises suffer Insured Damage the Landlord shall as
soon as reasonably practicable (or where required as soon as
reasonably practicable after Permissions have been obtained)
rebuild the parts of the Premises which have suffered the
Insured Damage so as to make good the Insured Damage (
Landlord making up any shortfall out of its own monies) but
so that Landlord shall be obliged to use reasonable
endeavours to provide a facsimile the original Premises
PROVIDED THAT it is acknowledged by the Landlord and the
Tenant that the Landlord may use different materials to those
current existing where the materials are of no less quality
than those currently existing and where the materials do not
prejudice the character and appearance of the Premises and
the Landlord may (having used reasonable endeavours to obtain
Permissions for a facsimile of the original Premises) make
changes to the design of the Premises where this is required
by the Permissions but which do not prejudicially affect the
Tenant's use of the Premises as authorised hereunder PROVIDED
FURTHER THAT the Landlord shall not be liable to rebuild
under this sub-clause if and for so long as such rebuilding
is prevented because:
5.4.1 the Landlord has failed despite using its reasonable
endeavours to obtain all the Permissions
28
5.4.2 any of the Permissions is granted subject to a
lawful condition which relates to the rebuilding of
the Premises and which it is unreasonably expect or
impossible for the Landlord to comply with
5.4.3 some defect or deficiency in the site on which it is
to take place making rebuilding impossible or
incapable of being undertaken
5.4.4 of war act of God governmental action strike lockout
or
5.4.5 of any other proper circumstances beyond the control
of the Landlord which makes rebuilding impossible or
incapable of being undertaken
Cesser of rent and termination
5.5 If the Premises suffer Insured Damage so as to render the
whole or any part of the Premises unfit for occupation or use
and the insurance against such Insured Damage has not been
vitiated:
Suspension
5.5.1 the whole or (according to the nature and extent of
the Insured Damage a fair proportion of the Basic
Rent shall be immediately suspended either until the
parts of the Premises which have suffered the
Insured Damage have been rebuilt so that they are no
longer unfit for occupation or use a result of the
Insured Damage or until the end of five years from
the Insured Damage whichever first occurs PROVIDED
THAT if such Insured Damage occurs before the Rent
Commencement Date then the period of suspension of
the Basic Rent shall be extended by the number of
days from the date of the Insured Damage to (but not
including) the Rent Commencement Date
29
Termination
5.5.2 If on the expiration of three years from the Insured
Damage the works rebuilding the parts of the
Premises (which may for the avoidance doubt and
where the context requires include the whole) which
has suffered the Insured Damage have not yet
commenced or on expiration of four years the parts
of the Premises which have suffered Insured Damage
have not been rebuilt so as to make good the Insured
Damage THEN the Tenant may by one month's notice
served on the Landlord at any time after the
expiration of such period but before the Premises
are rebuilt so as to make good the Insured Damage
terminate the Term (but without prejudice to
any rights in respect of an antecedent breach of
the landlord's or the Tenant's obligations in the
Lease or any surety therefor)
Tenant's insurance obligations
5.6 The Tenant shall:
Notice of damage
5.6.1 give notice to the Landlord immediately if the
Premises are destroyed damaged by any of the Insured
Risks
Payment after vitiation
5.6.2 pay to the Landlord within twenty-eight days of
demand the insurance monies (other than for Loss of
Rent) which would have been payable for such
insurance being vitiated if Landlord's liability
insurance or other similar insurance is vitiated or
if the Premises are destroyed or damaged by any of
the Insured Risks and the insurance against such
damage
30
destruction is vitiated PROVIDED THAT the Tenant
shall be entitled make reasonable representations
relating to such vitiation with insurers of the
Premises
Tenant's insurance monies
5.6.3 apply all monies to which the Tenant is entitled by
virtue of an insurance of the Premises in making good
the loss or damage in respect of which they are
payable
No dangerous substances
5.6.4 not without the consent of the Landlord bring or do
on the Premises anything of an unreasonably
dangerous combustible inflammable explosive nature
and not to allow petrol oil cellulose or other
inflammable materials to be stored in the Premises
other than petrol oil in the tanks of vehicles for
the time being kept in those parts of Premises
designated as car parking
Not to vitiate
5.6.5 not do or omit to do on the Premises anything which
may result in increase in the premium for the
insurance of the Premises or which may vitiate any
insurance of the Premises
Insurer's requirements
5.6.6 comply with the reasonable and proper requirements
from time to time of the insurers of the Premises
Tenant's third party liabilities
5.6.7 insure against the Tenant's third party public and
occupiers' liability risk
31
Terms etc of Tenant's insurance
5.6.8 within ten days of demand produce particulars of any such
policy or policies and the receipt for every premium for
the then current year
Payment of monies to Landlord
5.7 The Tenant hereby irrevocably authorises the insurers of the
Premises to pay any insurance monies in respect of the Premises
to the Landlord (unless such monies belong to the Tenant) without
the necessity of consent of the Tenant who shall issue such
further separate authorities of this nature to the insurers
whenever requested by the Landlord
PROVISOS
6. IT IS FURTHER AGREED as follows:
Forfeiture
6.1 Whenever:
6.1.1 the rents are in whole or part unpaid twenty one days
after becoming payable whether formally demanded or not
6.1.2 there is a breach of any of the Tenant's obligations in
this Lease
6.1.3 the Tenant (which expression includes in Clauses 6.1.3 to
6.1.7 any person in whom this Lease is then vested) or
the Surety becomes bankrupt or is the subject of an
interim order under the Insolvency ▇▇▇ ▇▇▇▇.
6.1.4 the Tenant or the Surety goes into voluntary or compulsory
liquidation (except solely for the purpose of a bona fide
solvent amalgamation or reconstruction previously approved
by the Landlord) or is the subject of
32
a winding-up order or a petition for an administration
order or is otherwise dissolved wound up or ceases to
exist
6.1.5 a receiver or a receiver and manager or an
administrative receiver is appointed in respect of the
whole or any part of either the Tenant's or the Surety's
respective undertaking or assets or
6.1.6 (save for the purpose of a bona fide solvent amalgamation
or reconstruction) the Tenant or the Surety enters into
any arrangement moratorium or composition for the benefit
of or with its creditors
THEN the Landlord may re-enter the Premises or any part of them
in the name of the whole and the Term will determine absolutely
but without prejudice either party's rights in respect of any
prior breach of the other party's obligations in this Lease or
any surety for them
No implied rights
6.2 Save for any rights expressly granted by this Lease the Tenant is
not and shall not be entitled by implication of law or otherwise
to any right or privilege whatsoever over or against any
neighbouring property which belongs to the Landlord now or in the
future
No restrictions on adjoining property
6.3 Nothing contained or implied in this Lease shall impose or be
deemed to impose any restriction on the use of any land or
building other than the Premises or give the Tenant the benefit
of or prevent the release or modification of any obligation
entered into by any purchaser lessee or occupier of any
neighbouring property
33
Exclusion of liability
6.4 Except insofar as liability may be covered by insurance effected
by the Landlord in force when the liability is incurred or
attributable wholly or partly to any omission or default of the
Landlord or its servants or agents the Landlord shall not be
responsible to the Tenant or anyone at the Premises for any
accident happening or injury suffered or for any damage to or
loss of any change sustained in the Premises whether caused by
the negligence or otherwise
Relase of Landlord
6.5 Each of the Tenant and its successors in title hereby releases
each person now hereafter included in or comprising the Landlord
from liability for any breach in the landlord's obligations in
this Lease or any collateral agreement occurred whole that person
is not the Tenant's immediate landlord
Service of notices
6.6 Any notice served under this Lease:
6.6.1 shall be in writing
6.6.2 may be addressed to "the Landlord" or "the Tenant" by that
designation without naming the person who is the Landlord
or the Tenant
6.6.3 shall be validly served if left at the addressee's last
konwn place of abode or business in the United Kingdom
6.6.4 shall (in the case of the Tenant) be validly served if
attached to or left at the Premises and
6.6.5 shall be validly served on the third day (excluding
Saturdays, Sundays and statutory bank holidays) after
being posted if it is posted to the addressee's last known
place of abode or business in the United
34
Kingdom in a registered letter or by recorded delivery
service unless returned through the post office
undelivered
PROVIDED THAT whilst this Lease is vested in DLJ UK Properties Limited
any notice served on the Tenant or the Surety shall only be validly
served if sent by recorded delivery or left at the offices of ▇▇ ▇▇▇▇▇▇
& Co (ref: EMHP) or as the Tenant may otherwise direct PROVIDED FURTHER
THAT copies of such notices shall also be sent to the registered office
of the Tenant (ref: Company Secretary) by recorded delivery service and
to the offices of the Surety (ref: ▇▇▇▇▇▇▇▇) but the service of such
copies shall not affect the valid service of the original notice in
accordance with the first proviso
Representations
6.7 The Tenant and the Surety each acknowledges that it has not
entered into the Lease in reliance wholly or partly on any
written oral or implied representation by or on behalf of the
Landlord other than the Landlord's solicitor's replies to the
Tenant's solicitor's written enquiries
6.8 Clause 6.7 only excludes or restricts any liability or remedy
for misrepresentation to the extent that (notwithstanding the
exclusion or restriction) it would be a fair and reasonable term
to include in this Lease having regard for the circumstances
which at the date of this Lease were or ought reasonably have
been known to or in the contemplation of the parties hereto
Validity
6.9 If any provision or provisions of this Lease or of any document
referred to herein is or at any time becomes illegal invalid or
unenforceable in any respect
35
the legality validity and enforceability of the remaining
provisions of this Lease (or such document) shall not in any way
be affected or impaired thereby
Applicable Law
6.10 This Lease shall be governed by English Law and each of the
parties hereto submits to the non-exclusive jurisdiction of the
High Court of Justice of England and Wales
Floor areas
6.11 The Landlord and the Tenant shall each have the right to refer to
the internal area of each floor of the Premises as set out in
Schedule 7 but such areas shall not be treated as conclusive for
the purpose of any rent review under this Lease.
RENT REVIEW
7. THE Basic Rent for the time being payable under this Lease shall be
reviewed as follows:
Frequency of review
7.1 For the purposes of this Clause "the Review Date" means the day
after the date of expiry of the fifth year of the Term and of
each subsequent period of five years
Upwards only reviews
7.2 From and including each Review Date the Basic Rent shall be
whichever is the greater of the amount of the Basic Rent payable
during the twelve months immediately preceding that Review Date
(ignoring for this purpose but without prejudice to any
suspension under Clause 5) and the open market rent for the
Premises at that Review Date
36
Basis of valuation
7.3 (Subject to Clause 7.4) the open market rent for the Premises at
each Review Date shall be the amount agreed by the Landlord and
the Tenant (or if they fail to agree determined in accordance
with Clause 7.5) to be the annual rent at which the Premises
might reasonably be expected to be let in the open market at that
Review Date:
7.3.1 as a whole
7.3.2 by a willing lessor to a willing lessee
7.3.3 with vacant possession
7.3.4 without taking any fine or premium
7.3.5 for a term of 10 years or a term of years equal to the
residue then unexpired of the contractual term hereby
created (whichever is the longer) commencing on that
Review Date
7.3.6 on the terms of this Lease including this Clause other
than as to the amount of the Basic Rent
ON THE ASSUMPTIONS that at that Review Date:
7.3.7 the Tenant has fully complied with its obligations in this
Lease
7.3.8 the Premises are in good and substantial repair and
condition and have been completed in accordance with the
specification annexed hereto
7.3.9 no work has been carried out to the Premises which has
diminished the rental value
7.3.10 if the Premises have been damaged or destroyed they have
been fully rebuilt
37
7.3.11 the Premises may be lawfully used for any of the purposes
permitted in this Lease as varied or extended by any
licence pursuant to this Lease
BUT DISREGARDING
7.3.12 the fact that the Tenant any undertenants any Group
Company of the Tenant or any undertenant or their
respective predecessors in title shall have been in
occupation of the Premises
7.3.13 any goodwill that shall have become attached to the
Premises from any carrying on of the business of the
Tenant or any undertenants or any Group Company of the
Tenant or any undertenant or their respective predecessors
in such business
7.3.14 any effect on rent of the Premises attributable to the
existence at such Review Date of any works to the Premises
carried out by the Tenants undertenants or their
respective predecessors in title otherwise than in
pursuance of any obligation to the Landlord and/or their
immediate landlord
Treatment of rent free periods
7.4 The open market rent for the Premises is to be the rent payable
after the expiry of a rent-free period or period of
concessionary rent of such length as would be negotiated in the
open market for fitting out purposes only upon a letting of the
Premises on the terms of Clause 7.3
Method of determination
7.5 If the Landlord and the Tenant fail to agree the open market
rent for the Premises by a date three months before any Review
Date then:
38
7.5.1 the determination of the open market rent for the Premises
at that Review Date may be referred to an independent
chartered ▇▇▇▇▇▇▇▇ ("▇▇▇ ▇▇▇▇▇▇▇▇") with at least ten years
experience in the letting and valuation of office premises
in City of London and its environs
7.5.2 the Surveyor shall be appointed by the Landlord and the
Tenant jointly and (if they fail to agree) shall be
nominated at the request of the Landlord or the Tenant by
or on behalf of the President (or Senior Officer) ("the
President") for the time being of The Royal Institution
of Chartered Surveyors
7.5.3 if the Surveyor dies delays or becomes unwilling unfit or
incapable of acting or if for any reason the President
thinks fit he may on the application of the Landlord or the
Tenant by writing discharge the Surveyor and appoint
another in his place
7.5.4 the costs and expenses of the Surveyor (including the
costs of appointment) shall be borne as he shall direct
7.5.5 the Surveyor shall act as an arbitrator or by agreement
as an independent expert
7.5.6 if the Surveyor is an arbitrator (subject to Clause 7.5.3)
the arbitration shall be conducted in accordance with the
Arbitration ▇▇▇ ▇▇▇▇
7.5.7 if the Surveyor is an independent expert:
7.5.7.1 his decision shall be final and binding and
7.5.7.2 he shall afford the Landlord and the Tenant an
opportunity to make representations to him and to
comment to him on the other's representations
39
Interim arrangements
7.6 If the open market rent for the Premises payable from any Review
Date has not been ascertained in accordance with this Clause
before that Review Date then:
7.6.1 the Tenant shall until the first quarter day after the
date on which it is ascertained continue to pay the Basic
Rent at the rate applicable but the review due at that
Review Date
7.6.2 within ten days after the date on which it is ascertained
the Tenant shall pay to the Landlord as additional Basic
Rent:
7.6.2.1 the amount (if any) of the shortfall between (a)
the amount of Basic Rent so payable by the Tenant
down to such quarter day and (b) the amount which
would have been payable if it had been ascertained
before that Review Date and
7.6.2.2 interest at 4% below the Prescribed Rate on each
further payment of Basic Rent which would have been
payable if it had been ascertained before that
Review Date for the period from which such payment
would have been payable until due for payment under
this sub-clause
Time not of the essence
7.7 In respect of the time limits mentioned in this Clause time shall
not be or be deemed to be of the essence
Statutory restrictions
7.8 If at any Review Date there is in force a statute or other
instrument which prevents restricts or modifies the Landlord's
rights to review the Basic Rent in accordance with this Lease
and/or to recover any increase in the Basic Rent then
40
(if such prevention restriction or modification is removed
relaxed or modified but without prejudice to its rights (if any)
to recover any Basic Rent the payment of which has only been
deferred by law) the Landlord may by giving not less than one
month's nor more than three months' notice to the Tenant at any
time within six months of it being removed relaxed or modified
proceed with review of the Basic Rent which was prevented or
further review the Basic Rent in respect of any review where the
Landlord's right was restricted or modified and the date of
expiry of such notice shall be deemed to be a Review Date
(provided that nothing in this sub-clause shall vary any
subsequent Review Dates) and recover any increase in Basic Rent
thereby resulting with effect from the earliest date permitted by
law
Memoranda
7.9 Whenever the Basic Rent has been agreed or determined in
accordance with Clause memoranda of it shall thereupon be signed
by or on behalf of the Landlord and the Tenant and attached to
this Lease and its counterpart and each party shall bear their
own costs relating to the memoranda
The Arbitration ▇▇▇ ▇▇▇▇
7.10 The parties shall be deemed to have agreed the following matters
in relation to the Arbitration ▇▇▇ ▇▇▇▇:
7.10.1 that the ordinary rules of evidence (as applied in the
High Court of England and Wales) shall apply as to the
admissibility of and weight to be attached to any evidence
(whether written or oral) by the arbitrator
7.10.2 Section 34(2)(g) shall not apply
7.10.3 that the proceedings should be in English and conducted in
London
41
7.10.4 Section 39 shall apply
7.10.5 In Section 61(1) the word "may" shall be substituted with
the word "shall"
7.10.6 The notice provisions as defined in this Lease shall stand
in substitution for the provisions of Section 76
SURETY'S COVENANTS
8. THE Surety COVENANTS with the Landlord in the form of the covenants
Schedule 5
IN WITNESS whereof this Lease has been duly executed by the parties hereto
and is delivered as a Deed the day and year first before written
SCHEDULE 1
(Rights granted)
Conduits
(So far as the Landlord can grant them and subject to temporary interruption
for repair alteration or replacement) the passage of water soil gas
electricity and other services to and from the Premises in and through the
conduits which now serve the Premises and are in or over neighbouring
property
SCHEDULE 2
(Exceptions and reservations)
To build
Save where such building or rebuilding or altering will adversely affect the
beneficial use of the Premises to build or rebuild or alter any buildings on
any neighbouring land in any manner
42
whatsoever notwithstanding that as a result there is a diminution in the
present or future access of light or air to the Premises which it is hereby
agreed is and shall be enjoyed with the consent of the Landlord or other the
owner or occupier of such land and not as of right
SCHEDULE 3
(Documents which affect or relate to the Premises)
PART I
(Encumbrances)
1. The matters contained or referred to in the registers of Title Number NGL
738917
2. The undertaking dated 28 March 1996 made between (1) Midland Bank Plc (2)
Old Broad Street Properties Limited (3) USF Nominees Limited
3. The deed of variation dated 17 December 1997 made between (1) OGM Flinders
Range BV and (2) Old Broad Street Properties Limited and USF Nominees
Limited
PART II
(Documents which benefit the Premises)
DATE DOCUMENT PARTIES
-------------- ------------------------- --------------------------------------------
14/05/1998 Substation Underlease USF Nominees Limited (1)
London Electricity Plc (2)
14/07/1925 Deed of Arrangement The Anglo-South American Real Property
Company Limited (1)
The London and South American Investment
Trust Limited and Others (2)
2/12/1955 Light Agreement Jurrian Ten Doesschate & Others (1)
Claremont Estates Limited (2)
▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Limited (3)
25/10/1990 Party Wall Award MNOPF Trustees Limited (1)
Midland Bank Plc (2)
43
DATE DOCUMENT PARTIES
-------------- -------------------- -------------------------------------------
14/01/1992 Party Wall Award Flinders Range BV (1)
Midland Bank Plc (2)
08/07/1996 Party Wall Award Old Broad Street Properties Limited (1)
OGM Flinders Range BV (2)
07/08/1996 Party Wall Award Old Broad Street Properties Limited (1)
The Trustees of the Dutch Church (2)
07/08/1996 Party Wall Award Old Broad Street Properties Limited (1)
Pearl Assurance Limited (2)
21/10/1996 Party Wall Award Old Broad Street Properties Limited (1)
OGM Flinders Range BV (2)
01/11/1996 Party Wall Award Old Broad Street Properties Limited (1)
Pearl Assurance Limited (2)
01/11/1996 Party Wall Award Old Broad Street Properties Limited (1)
The Trustees of the Dutch Church (2)
13/11/1996 Party Wall Award Old Broad Street Properties Limited (1)
BP Properties (2)
18/11/1996 Party Wall Award Old Broad Street Properties Limited (1)
Ashcombe Investments Limited (2)
18/11/1996 Party Wall Award Old Broad Street Properties Limited (1)
Bank Nagara (2)
11/08/1997 Addendum Award Old Broad Street Properties Limited (1)
OGM Flinders Range BV (2)
30/12/1997 Party Wall Award Old Broad Street Properties Limited (1)
The Trustees of the Dutch Church (2)
Undated Confirmation of Old Broad Street Properties Limited (1)
Agreement MNOPF Trustees Limited (2)
44
SCHEDULE 4
(Alienation conditions)
PART I
(Requirements for an assignment)
Application
1. This Part applies for the purposes of Section 19(1A) of the Landlord and
Tenant Act of 1927
Authorised guarantee agreement
2. Before any assignment of the Premises the assignor shall give a guarantee
to the Landlord of the performance by the assignee of the Tenant's
obligations in this Lease in the form set out in Schedule 6
Further guarantors
3. Before any assignment of the Premises if reasonably so requested by the
Landlord Tenant shall procure that any person who is then a guarantor of
the then current Tenant obligations in this Lease and (if reasonably so
requested by the Landlord) such other persons as are acceptable to the
Landlord in its reasonable discretion jointly and severally give a
guarantee to the Landlord of the assignor's obligations in the guarantee
given in relation to that assignment pursuant to paragraph 2 above on the
same terms as that guarantee with such amendments as the Landlord reasonably
requires to adapt them to use as a guarantee of the assignor's obligations
as guarantor
No arrears
4. The Tenant shall not assign the Premises unless it has paid all rents and
other sums which have fallen due under this Lease and remedied any breach
of the Tenant's
45
obligations in this Lease specified by the Landlord by notice to the Tenant
before date of the assignment PROVIDED THAT such notice shall have been
served on Tenant at least three months before the date of the assignment
5. Subject as provided in paragraph 6 of this part of this Schedule if so
reasonably required by the Landlord that the proposed assignee shall have
procured prior to or contemporaneously with the assignment covenants with
the Landlord by a guarantor or guarantors reasonably acceptable to the
Landlord (but not being the Tenant) in the same form (mutatis mutandis) as
those contained in Schedule 5
6. If the proposed assignee is a company which is either the holding company
of the Tenant or a wholly owned subsidiary of the Tenant (as both
expressions are defined in Section 736 Companies Act 1985) or both are
subsidiaries of a third body corporate (in this clause referred to as
"Associated Company") prior to or contemporaneously with the assignment the
Tenant shall have procured either:
6.1 if the Tenant's obligations in this Lease are guaranteed by an
Associated Company that such Associated Company covenants with the
Landlord on the same terms (mutatis mutandis) as those contained in
Schedule 5
6.2 if there is no guarantor of the Tenant's obligations in this Lease and
if the proposed assignee is not in the reasonable opinion of the
Landlord of equivalent or greater financial standing than the Tenant
that the proposed assignee procure covenants by an Associated Company
which is neither the Tenant nor the proposed assignee and which
Associated Company in the reasonable opinion of the Landlord is of
equivalent or greater financial standing then the Tenant in the same
terms (mutatis mutandis) as those contained in Schedule 5
46
PART II
(General requirements)
Prior approval to permitted dealings
1. (Subject to the other provisions of this Schedule and Clause 3.22) the
Tenant shall not without the approval of the Landlord (such approval not to
be unreasonably withheld or delayed) assign charge or underlet the whole or
underlet any part of the Premises
Group sharing
2. (Notwithstanding the foregoing or any covenant entered into by an
undertenant pursuant to this Lease) the Tenant or any undertenant of the
whole of the Premises may share occupation of the whole or any part of the
Premises with any Group Company (for as long as both the Tenant or
undertenant and the other person remain members of the group) or any
Contract Employee subject to (in both cases):
2.1 no landlord and tenant relationship or other interest in the Premises
at law or equity being thereby created and
2.2 the Tenant notifying the Landlord immediately of the identity of the
other persons
Underlettings of part
3. (Notwithstanding references in this Part and Clause 3.23 to underleases of
part of the Premises) there shall be no underletting of any part of the
Premises (as distinct from the whole) other than the following:
3.1 an underletting of one or more Permitted Floors or
3.2 an underletting of one or more Permitted Part Floors or
3.3 an underletting of one or more Permitted Floors together with one or
more Permitted Part Floors (including for the avoidance of doubt an
underletting of the whole of the Premises excluding the A3 Unit)
47
together with (at the Tenant's discretion) the whole or part of the
basement of Premises and/or all or any of the car parking spaces
located within the Premises in each case together with and excepting
and reserving such rights as are reasonably necessary in the
circumstances PROVIDED THAT there shall be not more than fourteen
occupants of the Premises (including the Tenant but excluding any Group
Company of the Tenant and the occupant of the A3 Unit) and there shall
be not more than three occupants of each of the lower ground to sixth
floors of the Premises (including the Tenant but excluding any Group
Company of the Tenant and the occupant of the A3 Unit)
No premiums for underleases
4. No underlease shall be granted at a fine or premium nor other than at the
then market rent for the premises underlet such rents to be subject to
review not frequently than five yearly intervals (but not during the
period twelve months before review date under this Lease) and in the same
manner as under this Lease
Undertenants' direct covenants
5. Before the grant or assignment of any underlease the undertenant or
assignee shall covenant with the Landlord:
5.1 to comply with the Tenant's obligations in the underlease until the
underlease is assigned by an assignment which is not an excluded
assignment and
5.2 not to assign charge underlet hold on trust for another or otherwise
part with share possession or occupation of or suffer any other person
to occupy the whole or any part of the premises underlet save with the
approval of the Landlord (such approval not to be unreasonably withheld
or delayed) by way of an assignment or a sub-underletting of the whole
or part or a group sharing in all cases
48
complying with the provisions of this Schedule mutatis mutandis to a
person who has entered into the covenants required by this paragraph 5
PROVIDED THAT on a sub-underletting of a Permitted Part Floor the sub-
undertenant shall only be permitted to assign the whole with the
approval of the Landlord (such approval not to be unreasonably withheld
or delayed)
Terms of underleases
6. Any underlease of the Premises shall be granted on terms consistent with
this Lease modified to the same effect as the alienation covenants to be
given to the Landlord pursuant to paragraph 5 but in relation to an
underletting of part a service charge may be levied
Exclusion of security of tenure
7. Before completion of any underlease consisting inter alia of a Permitted
Part Floor (with the exception of an underlease of the A3 Unit or an
underlease of the whole of Premises excluding the A3 Unit) and the
occupation by any proposed undertenant of the premises to be demised
thereby a valid court order shall be made authorising the exclusion of the
provisions of Sections 24 to 28 (inclusive) of the 1954 Act in relation to
the tenancy to be created by such underlease and a declaration to that
effect shall be included in it and a certified copy of such order shall be
supplied to the Landlord
Definition of "Permitted Floor" and "Permitted Part Floor"
8.1 In this Schedule "Permitted Floor" means one entire floor of the Premises
except the basement of the Premises (other than common parts and
structural parts of the Premises)
8.2 In this Schedule "Permitted Part Floor" means a part of the lower ground
to sixth floor (including for the avoidance of doubt the A3 Unit) of the
Premises (other than common parts of the Premises)
49
Car Parking Spaces
9. The car parking spaces in the Premises may only be underlet or licensed to
the undertenant of the Premises or part thereof
SCHEDULE 5
(Surety covenants)
Guarantee and new lease on disclaimer
1. The Surety covenants with the Landlord that:
1.1 the Tenant will comply with all the Tenant's obligations in this Lease
until it is assigned by an assignment which is not an excluded
assignment
1.2 in the case of default in complying with such obligations it will
within ten days of demand pay and make good to the Landlord and
indemnify the Landlord against such default
1.3 it will enter into the guarantee required under paragraph 3 of Part I
of Schedule
1.4 (if before an assignment which is not an excluded assignment a trustee
in bankruptcy or liquidator of the Tenant or the Treasury Solicitor or
any other competent person disclaims this Lease) it will (if the
Landlord so requires notice within six months of becoming aware of the
disclaimer) accept or it will guarantee the performance of a company
within the same Group as the Tenant which it will procure enters into
the form of lease from the Landlord a lease the Premises
1.5 it will pay the Landlord's proper costs of such new lease and execute
and deliver to the Landlord a counterpart of it
50
Terms of new lease
2. Such new lease shall be for a term equal in duration to the residue which
would have remained unexpired of the contractual term hereby created but
for the disclaimer at rents payable under this Lease immediately before the
date of the new lease (subject to review on the dates mentioned in Clause 7
whether before or after such dates) commencing as from such date and shall
contain the same provisions in all respects as this Lease insofar as
applicable immediately before the disclaimer
Subordination
3. The Surety covenants with the Landlord that while any liability of the
Tenant or the Surety relating to their respective obligations in this Lease
to the Landlord are outstanding it will:
3.1 not claim in any liquidation bankruptcy composition or arrangement of
the Tenant in competition with the Landlord
3.2 account to the Landlord for the proceeds of any judgment or
distribution when it receives from any liquidator or trustee in
bankruptcy of the Tenant
3.3 hold for the benefit of the Landlord any security or right which the
Surety may have over any asset of the Tenant
3.4 not participate in any security held by the Landlord in respect of any
of the Tenant's obligations in this Lease or stand in the place of the
Landlord in respect of any such security
Non-vitiation
4. None of the following shall release or otherwise affect in whole or part
the liability of the Surety under this Schedule:
4.1 any time or indulgence granted by the Landlord to the Tenant
51
4.2 any neglect or forbearance of the Landlord in enforcing the payment of
the rent or compliance with the Tenant's obligations in this Lease
4.3 any refusal by the Landlord to accept a payment in order not to waive
any right to re-enter the Premises
4.4 any variation of this Lease by the Landlord and the Tenant (including
surrender of part of the Premises)
4.5 the release of any security or guarantee held by the Landlord in
relation to the Tenant's obligations
4.6 any other act or omission (other than a release by Deed) whereby the
Surety liability would otherwise be released or affected in whole or
part
SCHEDULE 6
(Form of Authorised Guarantee Agreement)
THIS DEED is made the __________ day of _______________ 1998
BETWEEN:
(1) [ ] (Company
Registration Number [ ] ) whose registered office is at/of
("the Surety") and
(2) [ ] (Company
Registration Number [ ] ) whose registered office is at/of
("the Landlord")
52
WHEREAS:
(1) The Deed is supplemental to an underlease ("the Lease") of the premises
known as 1 ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ dated [ ] 1998 made
between (1) Landlord (2) [DLJ UK] Properties Limited and (3) ▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ Inc
(2) By an assignment of even date herewith the Surety assigned the Lease
to [ ] ("the Assignee" which expression includes where the context
admits successors in title to the Lease)
(3) Pursuant to the Lease the Surety is required to enter into this guarantee
at the same time as the Lease is assigned to the Assignee
NOW IT IS WITNESSED as follows:
Guarantee and new lease on disclaimer
1. The Surety [jointly and severally] covenants with the Landlord that:
1.1 the Assignee will comply with all the Tenant's obligations in the
Lease until it is assigned by an assignment which is not an excluded
assignment under the Landlord and Tenant (Covenants) ▇▇▇ ▇▇▇▇
1.2 in the case of default in complying with such obligations it will
within seven days of demand pay and make good to the Landlord and
indemnify the Landlord against such default
1.3 (if before an assignment which is not such an excluded assignment a
trustee in bankruptcy or liquidator of the Assignee or the Treasury
Solicitor or any other competent person disclaims the Lease) it will
(if the Landlord so requires notice within six months of becoming
aware of the disclaimer) accept from the Landlord a lease of the
Premises
53
1.4 it will pay the Landlord's proper costs of such new lease and execute
and deliver to the Landlord a counterpart of it
Terms of new lease
2. Such new lease shall be for a term equal in duration to the residue which
would have remained unexpired of the contractual term created by Clause 2
of the Lease but for the disclaimer at the rents payable under the Lease
immediately before the date of the new lease (subject to review on the
dates mentioned in Clause 7 of the Lease whether before or after such date)
commencing as from such date and shall contain the same provisions in all
respects as in the Lease insofar as applicable immediately before the
disclaimer
Non-vitiation
3. None of the following shall release or otherwise affect in whole or part
the liability of the Surety under this Deed:
3.1 any time or indulgence granted by the Landlord to the Assignee
3.2 any neglect or forbearance of the Landlord in enforcing the payment of
the rent or compliance with the Tenant's obligations in the Lease
3.3 any refusal by the Landlord to accept a payment in order not to waive
any right to re-enter the Premises
3.4 any variation of the Lease by the Landlord and the Assignee (including
the surrender of part of the Premises)
3.5 the release of any security or guarantee held by the Landlord in
relation to the Assignee's obligations
54
3.6 any other act or omission (other than a release by Deed) whereby the
Surety liability would otherwise be released in whole or part
IN WITNESS whereof this Deed has been duly executed by the Surety and is
delivered a Deed the day and year first before written
THE COMMON SEAL of [ ] )
)
was hereunto affixed in the presence of: )
Director
Secretary
SCHEDULE 7
(Agreed net internal areas)
(1) Office & Storage
Size
Floor Use Sq ft
----- --- -----
6th Office 13,997
5th Office 16,736
4th Office 16,889
3rd Office 16,882
2nd Office 16,876
1st Office 15,641
Ground Office 8,311
Lower Ground Office 8,024
55
Lower Ground Storage 594
Basement Storage 5,303
14 car parking spaces
(2) A3 Unit
Size
Floor Use Sq ft
----- --- -----
Ground A3 3,650
(THE COMMON SEAL of USF
[SEAL] (NOMINEES LIMITED was hereunto
(affixed in the presence of:
Director /s/ ILLEGIBLE
-----------------
Secretary /s/ ILLEGIBLE
-----------------
56
Foggo Associates
▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇
Telephone ▇▇▇▇.▇▇▇.▇▇▇▇
Facsimile 0171.490.2889
▇▇▇ ▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ SPECIFICATION
LEASE SPECIFICATION
OUTLINE BUILDING SPECIFICATION
DESIGN APPROACH
INTRODUCTION
The site of ▇▇▇-▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ is located opposite the National
Westminster Tower Part of the site lies within the Bank Conservation Area.
GENERAL
The new building is planned around a central internal atrium which
incorporates the main passenger lifts. The main core facilities, including
toilets, and escape staircases are arranged along the party wall boundaries
with Pinners Hall and ▇▇▇-▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇. A fire core and fire lift is
located in the core adjacent to Pinners Hall. A third core including an
escape stair, a goods lift, disabled toilet, fire core and fire lift is
positioned adjacent to Austin Friars Square to the West.
The building consists of nine levels of which levels 1 to 6 are wholly
planned for office use. At ground level there is B1 accommodation and an
A1/A3 retail unit, adjacent to Pinners Hall separated from the main body of
the building by a pedestrian route that links Old Broad Street with Austin
Friars Square. At lower ground level is further office accommodation
ancillary storage and car parking.
The air handling units, lift motors, and boilers are located in plant rooms
at level 7, with the chillers in an external louvred enclosure. All other
plant is located in the basement.
BUILDING ACCESS AND SERVICING
The main office entrance is in the centre of the Old Broad Street frontage.
Service access to the building, refuse store and car parking for the offices
is from Austin Friars Square.
The retail unit has been designed so that it can be accessed from Old Broad
Street, Austin Friars Square and the pedestrian route.
BUILDING MASSING
The massing of the building responds directly to the adjacent buildings. The
top floor is recessed back from Austin Friars Square and Old Broad Street
bringing the height of the principal portion of these facades in line with
that of Pinners Hall and ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ respectively. The overall
height of the building has been set to be equivalent to the room levels of
▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ and Pinners Hall.
The composition of the new facades also respect principal cornice, cill and
parapet and two storey base lines on the adjacent buildings.
58
OUTLINE BUILDING SPECIFICATION
DESIGN APPROACH CONTD.
EXTERIOR FINISHES
PRINCIPAL ELEVATIONS:
The composition of the elevations to Austin Friars and Old Broad Street are
both based on 6 metre wide bay, the width of which responds to the size and
scale of the major bays of both 10 Austin Friars and Pinners Hall.
The main piers of the building that articulate the 6 metre bay consist of
precast structure columns either side of a limestone clad infill.
The bays have a traditional tripartite vertical subdivision. The major part
of the facade, the middle, reinterprets the traditional device of the masonry
supported bay window using post-tensioned natural limestone. The detailing
expresses the structural nature of the components, with stone used in
compression and stainless steel used in tension.
The top of the facade is articulated by omitting the bay window and providing
a stainless steel balcony and a stainless steel brise-soleil, which echo
cornices and parapets on the adjacent buildings.
At ground and level 1, the floor to ceiling bay windows are replaced by
smaller bay windows. At level 1 the bay is supported from underneath by a
post-tensioned limestone and stainless steel truss. At ground level the bay
window is supported off the ground via metal posts, and sits over a natural
limestone grillage stall riser. Either side of the bay window are small areas
for low level planting.
The main entrance to the offices from Old Broad Street is articulated by
pairing the main piers of the building at closer centres within the three
central bays. The bay windows in the central area changes to a chevron
pattern at upper levels. At ground floor there are fully glazed doors, with a
glazed revolving door for the office entrance.
At high level, where the building sets back, the elevations are simplified
and comprise a metal framed curtain ▇▇▇▇▇▇▇ system with clear solar control
glass to the vision areas and screen printed glass to the spandrels.
The subsidiary bay at each end of the Old Broad Street elevation, consists of
limestone cladding with "punched" windows, providing a more neutral
transition between Pinners Hall and ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ and the new
building.
59
OUTLINE BUILDING SPECIFICATION
DESIGN APPROACH CONTD.
INTERIOR FINISHES
ENTRANCE:
The entrance area, which links directly to the main passenger lift lobby at
the centre of the atrium, comprises a stone floor and either glass or stone
walls to each of the side walls, and plasterboard ceiling. Set into the stone
floor by the entrance doors is an entrance mat with stainless steel frame.
ATRIUM:
The floor finish is stone. The walls to all levels of the atrium consist of
frameless glazing, with obscured areas of glass having a screen printed or
acid etched finish, and vision area being clear toughened glass. Areas of
timber grillages are also incorporated at ground and level 1 to provide
visual privacy. The exposed concrete columns and beams are painted white.
A timber or stone reception desk may be positioned by the tenant to enable
access to and from the upper levels of the building to be monitored.
At the centre of the atrium are the passenger lifts. The wall to the lift
shafts off the lobby is silicone glazed glass and the lift doors will be
glazed with stainless steel finished frame where required.
LIFTS:
The interior of the passenger lifts consists of stone flooring, predominantly
clear glass walls and ceiling, feature lighting and stainless steel
metalwork.
OFFICE:
The office spaces at lower ground and Levels, 1, 4, 5 and 6 have a 150mm
raised floor with carpet tiles. At ground level a 325mm raised floor is
provided. On levels 2 and 3 provision for dealer floors has been made
incorporating a 270mm raised floor and increased floor to ceiling height. The
ceiling is finished with metal suspended ceiling system with integral light
fittings, sprinkler heads and air diffusers. A four-pipe fan coil system
within the ceiling void provides heating and cooling to the offices.
TOILETS:
The toilets include ceramic tiled floors and walls and stone vanity units.
Cubicles have timber panelled walls and full height timber partitions and
doors. The rear wall of each cubicle incorporates a small stone shelf and has
removable access panels to a duct behind.
60
OUTLINE BUILDING SPECIFICATION
DESIGN APPROACH CONTD.
INTERIOR FINISHES CONTD.
TOILETS: CONTD.
Recessed basins in vanity units and WC pans are white vitreous china. Taps
and flush handles are brushed stainless steel. Above the vanity unit is a
mirror, behind which are concealed paper towel dispensers.
Between the mirror and vanity unit is a ceramic tiled zone incorporating taps
and soap dispensers.
A wall mounted mirror is provided away from the basins.
The ceiling consists of a flat pasterboard ceiling with recessed lighting,
air extract grille and sprinklers with suitable maintenance access.
INTRODUCTION
The building is lifted out to the Developers' Standard specified herein.
STANDARDS
All materials and workmanship comply where appropriate with applicable
current British or internationally recognised Standard Specifications and
Codes of Practice.
OFFICE WORKSPACE:
Typically the workspace depth is nominally 11-12m (at level 2) from the
windows on the two main external elevations to the atrium window wall.
OFFICE PLANNING MODULES:
A module of 1.50m is adopted.
STRUCTURAL GRID:
Column spacings are at 6.0m centres along the facade and nominally 11.75 or
9.775m perpendicular to the two main facades. Spans are 11.0m varying to 6.5m
in the centre portion, which are also at 6.0m centres parallel to the atrium
side.
At lower ground and basement the column spacings are nominally 6.0m x 6.0m.
61
OUTLINE BUILDING SPECIFICATION
INTRODUCTION CONTD.
STANDARDS CONTD.
FLOOR TO SUSPENDED CEILING HEIGHTS:
Typical floor to ceiling heights measured from the top of the finished floor
to the underside of the ceiling finish are:
Lower Ground 2.600m
Ground, 1, 4, 5 and 6 2.670m
Levels 2 and 3 2.800m
FLOOR TO FLOOR HEIGHTS:
Typical floor to floor heights measured from top of the structural floor slab
are:
Basement Varies
Lower Ground 3.435m
Ground, 1, 4 and 6 3.850m
Levels 2 to 3 4.100m
PLANTROOMS AND CAR PARK HEADROOMS:
Roof plantroom clear headrooms are typically 2.50m and 3.250m below beams.
Basement plantroom clear headroom is typically 3.00m.
Basement car park headroom below beams is not less than 2.2m.
RAISED FLOOR:
The buildings are designed to accommodate a nominal 150mm deep overall,
raised floor in the typical office areas (270mm on levels 2 & 3 and 325mm on
ground level).
62
OUTLINE BUILDING SPECIFICATION
INTRODUCTION CONTD.
STANDARDS CONTD.
OCCUPATIONAL DENSITIES:
The design is based upon the following occupation ratios (people per sq.m. of
usable area:
W.C. provision floor by floor 1:12
Male: female ratio 60:60
Disabled one per floor
Air Conditioning & Lifts--General 1:12
--Levels 2 and 3 1:7
Fire escape 1:10
CAR PARKING:
14 car and 14 motor cycle spaces are provided at lower ground level served by
an access ramp from Austin Friars Square. Space is also provided for cycles.
STRUCTURE
2000 -- PILING
The building is supported primarily on small diameter, bored, cast insitu
reinforced concrete piles. (part new, part retained existing)
2500 -- CONCRETE WORKS
BASEMENT:
Concrete ground slabs on Type 1 granular beds. Insitu reinforced concrete
pile caps.
Reinforced concrete:
-- watertight ground slabs laid on concrete blinding, including manholes
and sumps
-- lift pits, including excavations
-- watertight concrete retaining walls
-- reinforced concrete insitu columns and shear walls
-- suspended slabs and stairs from basement to lower ground level
63
OUTLINE BUILDING SPECIFICATION
STRUCTURE CONTD.
2500 -- CONCRETE WORKS CONTD.
BASEMENT: CONTD.
-- upstands and edge details
Foul and surface water drainage systems under the buildings complete with
petro-interceptor and sump pumps.
Works for mechanical and electrical services, including forming holes,
casting-in sleeves and the like where services pass through concrete
structures, and subsoil ducts under the buildings.
Plant and storage areas have a design load capacity of 7.5kN/m(2).
LOWER GROUND:
All as that defined under Basement for the structure between basement and
ground levels.
Provision of a floating concrete slab to improve acoustic isolation of office
areas which are proximate to the Central Line tunnel along Old Broad Street.
The width of the isolated slab extends from the Old Broad Street side to the
edge of the atrium.
Design load capacities are:
1. 3.5kN/m(2) live load allowance plus 1kN/m(2) for lightweight
partitions in the office areas. There is a dead load allowance of
0.85 kN/m(2) for ceiling, services and raised floors.
2. 5kN/m(2) in office archive areas.
3. 5kN/m(2) in car park areas.
GROUND TO ROOF:
Insitu reinforced concrete slab and concrete downstand beams skip float
finish to the main office areas.
Suspended slabs have a maximum design live load capacity of 3.5 kN/m(2) plus
an allowance of 1.0 kN/sq.m. for lightweight partitions. The dead load
allowance for ceilings, services and access floors to be installed by the
tenant is 0.85kN/m(2).
On each floor a designated area of structure of at least 5% of the usable
office is capable of sustaining a live load of 7.5kN/m(2) for storage
purposes.
64
OUTLINE BUILDING SPECIFICATION
STRUCTURE CONTD.
2500 -- CONCRETE WORKS CONTD.
GROUND TO ROOF: CONTD.
The design imposed load at roof level is 1.5kN/m(2), except in plant areas
where its 7.5kN/m(2).
Insitu reinforced concrete internal columns and downstanding beams with fair
face exposed precast columns on the external facade. The building is braced
by either insitu reinforced concrete core walls or framing action between
beams and columns.
Steel pan main and secondary escape staincases with concrete tread infill.
Lightweight concrete in making up levels in the stair lobbies, toilets and
core areas.
2800 -- STEEL FRAMED PLANTROOMS (LEVEL 7)
The structure around the roof plant areas is a painted galvanised structural
steel frame supporting a lightweight roof and cladding or louvre panels.
The design imposed roof load is 0.75 kN/m(2).
BUILDING FABRIC
3200 -- EXTERNAL CLADDING
Polyester powder coated aluminium framed curtain wall to office areas,
comprising internally framed structural double glazed wall (using clear solar
control, low E glass) forming bay window projections from levels 2 to 4 on
the Old Broad Street and Levels 1 to 4 on the Austin Friars Square
elevations.
The front edges of the bay windows between levels 2 to 4 are cantilvered and
tied to the post tensioned natural limestone and stainless steel mullion and
truss transome assembly supported on the white fair faced precast concrete
columns. The central entrance bay is treated in a similar way but with a
chevron window.
Spandrel areas in front of floor slabs are insulated and faced externally
with screen printed enamelled glass and internally with sheet metal.
Limestone rain screen cladding between twin white fair faced precast concrete
columns with a suspended sheet weathering membrane behind.
65
OUTLINE BUILDING SPECIFICATION
BUILDING FABRIC CONTD.
3200 -- EXTERNAL CLADDING CONTD.
Walls facing into Courtyards and those to the set back elevations at level 6
on Old Broad Street and Austin Friars Square are polyester powder coated
aluminium structural double glazed curtain walls with screen printed
enamelled glass spandrels in front of the floor structure.
Anodised aluminium sunscreen louvres are provided at 5th and 6th floor level.
Polyester powder coated aluminium extruded louvred cladding (insulated where
required to the plantrooms at Level 7 with louvred openings where required
for ventilation complete with access doors and associated ironmongery.
Polyester powder coated extruded aluminium louvred cladding with acoustic
attenuation around the open chiller plant areas at roof level complete with
access doors and associate ironmongery.
Single glazed, revolving main entrance door complete with adjacent single
glazed safety pass doors and associated ironmongery set into the recessed
entrance bay.
Single glazed side hung double entrance doors to the retail areas at ground
level.
The pedestrian route has stainless steel roller grilles and ironmongery at
each end.
The car park access ramp and escape staincase onto Austin Friars Square have
stainless steel doors and fixed over panels. Those to the car park access
ramp are perforated for ventiliation.
The thermal transmittance (U-Value) for the external cladding in office areas
is equal to or better than:
Double glazed vision areas
(excluding the frame) -- 1.60 W/m(2)K
Solid areas -- 0.30 Wm(2)K
Frames -- 2.80 Wm(2)K
(See document 4300 for stone faced rainscreen cladding on block walls).
3350 -- ATRIUM ROOF GLAZING
Single clear glazed, polyester powder coated metal framed roof over the
atrium incorporating painted steel supporting structure, (see element 6000
for motorised fans for ventiliation and smoke evacuation in case of fire) and
suspended polyester powder coated metal walkways/sunscreens complete with
safely latchway wires for safety when cleaning outside.
The atrium roof glazing achieves a U-value equal to or better than 5.40
W/m(2)K.
66
OUTLINE BUILDING SPECIFICATION
BUILDING FABRIC CONTD.
3400 -- ATRIUM GLAZING
Full height, frameless, single glazing with silicone mastic joints to the
sides around the internal atrium and lift lobbies having metal faced spandrel
panels cladding the edges of the structural slabs, doors and associated
ironmongery.
3600 -- ROOF FINISHINGS
'Inverted Roof' construction comprising concrete paving slabs and gravel
protection/ballas on insulation board on fully bonded waterproofing membrane
laid on concrete roof slab to falls. The roof finish construction achieves a
U value equal to or better than 0.30 W/m(2)K except the roof plant room roofs
which is equal to or better than 0.6W/m(2)K.
Falls on the roof are achieved by setting the roof slab to falls.
3700 -- BLOCKWORK AND METAL DOORS
Partition walls in car park, plantrooms and core areas at basement and lower
ground level and the refuse and car park ramp areas at ground level are
constructed in fair fact blockwork. Existing boundary walls are faced in
blockwork as are any existing retaining wall at lower ground level within
office or archive areas.
External stone faced rainscreen cladding is backed with a solid blockwall to
the flanking strip adjoining ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ and Pinners Hall, the
Austin Friars lightwell recess adjoining Pinners Hall, the flank walls
adjacent to Austin Friars Square stair and to the solid areas on wall at
higher levels overlooking Augustine House. (See element 4300 for the stone
facing insulation and weathering membrane).
3800 -- DRYLININGS AND PARTITIONS
Dry lined partitions and suspended ceilings comprising plasterboard on a
metal framework with the joint, filled and prepared to receive decorations
where facing into occupied areas are installed in the following locations.
-- core areas, providing fire resistance to escape routes
-- linings to concrete block party walls and external cladding in the
office areas
Thermal insulation is included in partitions where necessary adjacent
external elevations.
67
Outline Building Specification
FINISHES
4000 - SUSPENDED CEILINGS
A modular grid painted suspended ceiling in usable office areas consisting of
perforated metal tiles fixed to a two way aluminium suspended concealed grid,
co-ordinated with light fittings, air diffusers and sprinkler heads and
including fire rated cavity barriers as necessary
Painted plasterboard in the main lift lobbies and passenger the main ground
floor entrance areas.
Installation of light fittings and controls (see element 8725) in usable office
areas.
4100 - RAISED FLOORS
A full access raised floor in office areas generally having an overall depth of
150mm (270mm at levels 2 and 3 and 325mm at ground level) comprising nominal
600 x 600 x 38mm thick metal faced panels, fixed on props at 600mm centres to
provide approximately a 112mm deep under floor cavity (232mm at levels 2 and 3
and 287mm ground level), complete with fire rated cavity barriers. Complies
typically with the PSA MOB PF2 PS/SPU medium grade specification and is capable
of supporting a 3kN point load on a 25mm square or a 1 kN/sq.m. uniformly
distributed load. Deflection under either condition will not exceed 2.4mm.
Either raised access floor or screed on insulation to main stair landings and
lift lobbies (as specified under element 8530).
4200 - TOILETS
DISABLED TOILETS:
A unisex disabled toilet is provided at lower ground and levels 1 to 6.
Finishes are as described under elements 4300 and 4500 for the main toilets
with the exception of the walls which are all timber panelled, stainless steel
paper towel dispensers are surface mounted, waste disposal bins are free
standing and stainless steel grab handles (d line or similar quality) are
provided. Separate vitreous china basins are provided in lieu of those set in
stone vanity taps.
4300 - STONE FINISHES
Stone wall cladding to main entrance area (externally) and pedestrian route.
Stone rainscreen external cladding with insulation and waterproofing to west
core lightwells and sundry elevations at rear, adjacent Pinners Hall and ▇▇▇
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ to front elevation. (See block backing under element 3700).
Outline Building Specification
FINISHES CONTD
4300 - STONE FINISHES CONTD.
Stone wall cladding and floor finish to main passenger lift pits, and stone
floor finish passenger lift cars.
Stone vanity unit tops with steel frame and cover fascias, stone cistern
shelves above WC's.
Stone tiled floor finish to ground floor main entrance and atrium, lower ground
atrium and stone floor finish to the central lift lobbies at all levels.
Threshold mats at main entrance doors.
4350 - CARPET
600 x 600mm Square edged anti-static carpet tiles at all office levels laid
direct on the raised office floor of a quality similar to the ▇▇▇▇▇▇▇▇
"Affiniti Midnight Sparkle", one to one tiles fixed with a magnetic strip
fixing incorporated into the backing.
600 x 600mm square edged anti-static carpet tiles laid direct stair treads,
risers and landing and stair lobbies e.g. of a quality and type similar to the
▇▇▇▇▇▇▇▇ "Afinity Midnight Sparkle" range.
PVC nosings to stairs, e.g. of a quality and type similar to the "Gradus"
polished aluminium.
4500 - JOINERY
DOORS
Clear polished timber veneered solid core full height internal doors with
hardwood frames in cores at all office levels.
MDF faced painted internal doors with softwood frames to ducts.
Doors on fire exit routes have the required fire resistance properties.
Ironmongery is satin stainless steel or anodised aluminium with tubular D
handle door furniture as (d line" or similar quality).
TOILET FINISHES GENERALLY:
Clear polished timber veneered solid core full height toilet cubicles and doors
with hardwood frames.
Clear polished timber veneered panelling to the rear and flank walls of the WC
cubicles with integral shelf over cistern and concealed access panels.
Outline Building Specification
FINISHES CONTD
4500 - JOINERY CONTD.
TOILET FINISHES GENERALLY: CONTD.
Ceramic tiling to walls within the toilet circulation space.
Ceramic floor tiling.
Mirrors above vanity tops, hinged for access and wall mounted elsewhere.
Stainless steel paper towel dispensers concealed behind mirrors, waste disposal
bins seated into tiled recesses, toilet roll holders and combined coat hook and
door buffer (d line or similar quality) in each toilet cubicle.
ATRIA SCREENS:
Solid hardwood screens mounted on a sliding track are provided at lower ground
and ground levels to the perimeter of the atria.
SIGNAGE:
Foamex statutory signage to emergency exits etc. and illuminated emergency
signage. Stainless steel building signage and nickel plated brass floor markers
to cover.
SUNDRY ITEMS:
MDF skirtings are provided to all areas and an MDF sill to 6th floor west stair
core.
4600 - HANDRAILS AND METALWORK
GALVANISED MILD STEEL:
-- handrails to steps at changes in level in the basement
-- handrails to stairs from basement to lower ground and ground levels.
-- safety balustrades on the roof, complete with concrete bases
-- steps over pipework on the roof, complete with concrete bases
-- ventilation grillage on the car park ramp
-- access ladders and grab handles to the oil store rooms
Outline Building Specification
FINISHES CONTD
4600 - HANDRAILS AND METALWORK CONTD.
STAINLESS STEEL:
-- balustrades in the West stair core
-- handrails in the North, South and West stair cores
-- handrails in the pedestrian route at ground floor level
Anodised aluminium access ladders to the roof vent hatches in the North, South
and West Stair cores.
4700 - METAL DOORS AND SHUTTERS
Steel doors and frames of the required fire resistance, to car park areas and
plant rooms and lower ground and basement levels. Steel fire shutters to car
park doors on escape routes.
All metal doors have a polyester powder coated finish.
4800 - DECORATIONS
Emulsion paint to plasterboard columns and core walls facing into office areas.
Emulsion paint on exposed plasterboard suspended ceilings, walls and column
casings in core areas.
Sprayed glazed finish on plasterboard walls in cleaners cupboards.
Emulsion paint to seal surfaces of blockwork walls and concrete ceilings in
lift motor rooms HV substations, LV switchrooms and telecommunications rooms.
Emulsion paint on blockwalls in the car park.
Acrylic based floor paint on concrete floors in lift motor rooms, HV
substations, LV switchrooms, mechanical and plumbing plant rooms and
telecommunications rooms.
Parking bay markings in the lower ground car park
Outline Building Specification
EQUIPMENT
5200 - RECEPTION FURNITURE
Polished timber, glass or stone faced reception desk in the ground floor
entrance hall.
5500 REFUSE COMPACTOR
A small refuse compactor and space for disposal bins is provided adjacent to
the lower ground floor goods access point.
5600 OFFICE BLINDS
Internal office blinds comprising painted perforated metal slats with cord
operated raise, lower and tilt control and adjustment are provided to all
usable external office window vision areas (excluding atrium windows).
5800 - WINDOW CLEANING ACCESS
Rails and electrically operated trolley and cradle on the main roof at level 7
providing access for window cleaning and periodic maintenance.
Access ladder and latchway safety cable for inertia reel lanyard/harness
attachment for access to the top surface of the roof glazing (See element 3350
for access to the internal roof glazing surfaces).
Fixed attachment points on the north and south plant room roofs at level 8 for
either an abseiler to attach to for access to the stone walls facing adjoining
property or for an inertia reel lanyard/harness attachment for roof
maintenance access.
The "punched window" in stone cladding adjoining Pinners Hall and ▇▇▇ ▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇ incorporate side hung, opening inward vents complete with safety
handrails and eye bolts for lanyard/harness attachment in order to provide the
facility to clean them from inside the office.
Monorail on cantilevered brackets at high level in the atrium and electrically
operated cradle for access to the atrium glazed wall.
Access to clean the stainless steel brise soleil at level 6 is facilitated with
the aid of a safetyway latchway cable fixed to the cleaning trolley rail
adjacent. The stainless steel balconies at level 5 also incorporate a latchway
cable.
Outline Building Specification
MECHANICAL SERVICES
DESIGN CRITERIA
The heating and ventilating systems are designed to suit the following design
parameters.
(All area related units refer to net internal areas).
WINTER:
External Conditions -4 degrees C db saturated
Internal Conditions 20 degrees C plus/minus 1.5 degrees C
SUMMER:
External Conditions CIBSE Standard Weather Year
Internal Conditions 23 degrees C plus/minus 2.0 degrees C
SOUND:
Excluding external noise sources a maximum overall permitted noise level of
NR38 from the base building engineering services is achieved in office areas
(measured in open plan unoccupied furnished space). In toilets the equivalent
figure is NR45.
OUTSIDE AIR:
A minimum 16.00 litres per second person is provided.
HUMIDITY CONTROL:
No humidity control is provided but steam humidification could be added later,
in the plan rooms to the fresh air supply by tenants, if required.
SMALL POWER COOLING LOAD:
A cooling allowance for 20W/m2 in office areas and 35W/m2 for levels 2 and 3
(possible dealer floors).
6000 - MECHANICAL AND PLUMBING
LEGIONELLA:
Within WC areas the hot water service distribution pipework is designed in
accordance with the requirement of CIBSE document TM13.
Outline Building Specification
MECHANICAL SERVICES CONTD
6000 - MECHANICAL AND PLUMBING CONTD.
LEGIONELLA: CONTD.
The internal bulk water storage tanks are insulated in accordance with
guidelines contained in CIBSE document TM13.
SOIL AND WASTE:
Soil and waste drainage and ventilation pipework with branches from fittings
using uPVC. There are capped branch connections at each office floor for
Tenants future use.
SANITARY FITTINGS:
WC pans in white vitreous china with concealed 6 litre capacity cisterns, wall
mounted level handle and white plastic solid core seats.
White vitreous china basins set in the stone vanity top with wall mounted basin
mixer valve wall mounted mixer spout, and pop-up waster lever under basin.
White vitreous china WC pan and wall mounted basins with lever operated mixer
taps and wall mounted grab handles in the disabled toilets.
Floor mounted white glazed fireclay bucket sink and stainless steel grating
with chromium plated bib taps in cleaners cupboards.
Soap dispensing system comprising central soap reservoir, hose, concealed pump
assemblies and wall mounted spout.
Generally all exposed taps and waste traps are brushed chromium plated
WATER INSTALLATIONS:
Comprising, hot and cold water service and overflows in copper tubes. Hot
water service supplied by a gas fired heater in each of the north and south
roof plant rooms serving core toilet areas.
A main cold water sectional storage tank and booster pumps are located in the
basement plantroom together with associated pipework.
Capped branch connections at each office floor level are provided for Tenant's
future use.
A cold water bib tap is provided in the ground floor refuse storage area for
hosing down a refuse compactor and in the lower ground floor car park for
washing cars.
Outline Building Specification
MECHANICAL SERVICES CONTD
6000 - MECHANICAL AND PLUMBING CONTD.
RAINWATER:
A gravity rainwater system collecting rainwater from roof outlets, using
plastic pipework.
HEATING:
High efficiency low NOX gas fired boiler plant, double wall flues,
pressurisation unit and pumps located in the plant room at roof level from
which LPHW black steel distribution pipework and risers serve heating coils in
the various air handling plants and fan coils at each office floor level.
Low pressure hot water distribution, heating pipework from the main core riser
position also serves the under floor heating to the ground floor entrance and
atrium areas, warm air fan convector units serve the main and secondary escape
staircases and radiators serve the west core landings.
COOLING:
Cooling to office areas is provided by means of ceiling mounted fan coils, with
a fresh air supply ducted adjacent to each fan coil unit. The entrance hall is
served by fan coil positioned in the floor void below the matwell.
Heating and chilled water distribution pipework from the main core riser
positions serves the fan coils.
An open acoustic louvre enclosure at roof level screens air cooled chillers and
the standby generator remote cooling radiator.
Chilled water pressurisation unit and pumps are located at roof level from
which black steel distribution pipework and risers serve the main air handling
plant cooling coils and fan coils at each office level and entrance area.
Space for additional chilled water risers is left to allow for the possibility
of future supplementary cooling together with space for pumps in the roof plant
room and space for extra chillers on the roof (subject to further planning
approval).
GAS SUPPLY:
Gas services are sized to suit the base building boiler and HWS plant and a
Tenant kitchen with a capacity to serve 100 meals per hour (40 cu.m./hour of
gas for the kitchen). The gas meter and a gas pressure reducing set is sited in
the lower ground floor with a supply to the boiler and HWS heaters and a
separately metered valved branch left adjacent ready for a Tenant to extend to
a future kitchen.
Outline Building Specification
MECHANICAL SERVICES CONTD
6000 - MECHANICAL AND PLUMBING CONTD.
FIRE PROTECTION:
Fire hosereel service of galvanised mild steel. Automatic fire hosereels with a
30 metre maximum length of hose.
Dry risers with outlets at 1st to 6th floor and main roof levels are located in
the fire fighting staircases.
6200 - SPRINKLERS
Sprinkler system to meet Building Regulations comprising storage tanks and
electric pump sets in the basement plant room, valve sets and risers to
branches at each floor level including monitored valves, floor switches, drain
down pipework and sprinkler zone fire alarm panel.
Sprinkler main distribution pipework from branches in the perimeter riser core
ducts run out over office areas within the ceiling voids including secondary
range distribution, swivels and dropper pipework to and including flush heads
fitted in ceiling tiles.
A tail end extension provides sprinkler protection within the car park.
6400 - AIR HANDLING PLANT
An air handling unit is located in each of the two roof plant rooms, comprising
filters, variable volume suply air fan, heating coil, heat recovery unit,
chilled water coil, automatic control dampers and silencers. The air handling
unit is sized to deliver a volume of fresh air equal to 16 l/s per person
throughout the office areas.
6500 - DUCTWORK
FRESH AIR VENTILATION - GENERAL DESCRIPTION:
The building is mechanically ventilated. The mechanical fresh air supply is
tempered in cold weather, cooled in the summer and dehumidified at the main air
handling plant and introduced into the office space via a ceiling void ductwork
system terminating adjacent to each fan coil unit.
DISTRIBUTION DUCTWORK:
Supply air is transmitted via galvanised mild steel sheet riser ducts (to a
performance specification for medium/low pressure velocity classification) to
each office floor level discharging into distribution ducts which run above the
false ceiling having branch outlets provided along their lengths adjacent to
each fan coil unit.
Outline Building Specification
MECHANICAL SERVICES CONTD
6500 - DUCTWORK CONTD.
DISTRIBUTION DUCTWORK: CONTD.
Supply air distribution ductwork and the main riser ducts in galvanised sheet
steel ducts, a performance specification for medium-low pressure/velocity
classification.
Linear pattern ceiling air diffusers.
Exhaust air is taken from the space via openings in the light fittings, is
drawn through the ceiling void to the exhaust ducts on each office floor level
and exhausted to atmosphere at roof level. This exhaust system also serves as
the office smoke extract system in a fire situation.
TOILET VENTILATION:
Toilet extract ventilation to provide an air change rate of 6 air changes per
hour in each toilet area. Air is extracted via slots in the toilet ceilings
into a system of ductwork which connects to duplex extract plant located in the
roof plant room where it discharges through external grilles in the external
cladding. A fresh air supply plant provides make up air to the toilets via a
system of ductwork and grilles in the toilets.
PLANT ROOM VENTILATION:
Supply and/or extract ventilation ductwork systems serving electrical and
generator basement plant rooms. Cooling to lift motor rooms by means of extract
fans. A mechanical smoke extract system serves basement areas.
The fire lift motor at lower ground floor level is cooled by a local "split"
air conditioning unit.
CAR PARK BAY VENTILATION:
Extract ventilation system serving the lower ground floor car park comprising
ductwork and duplex fans. The extract system also serves as the smoke extract
system in a fire situation.
ATRIUM SMOKE AND SUMMER VENTILATION
Mechanical smoke extract ventilation with fans mounted at roof level and a
make-up air facility at ground floor level. Additional summer ventilation fans
at roof level.
Oultine Building Specification
MECHANICAL SERVICES CONT'D
6500 - DUCTWORK CONTD.
STAIRCASES:
Smoke ventilators at roof level over internal staircases activated by break
glass contacts and key switches with additional temperature and rain sensor for
the west core unit.
KITCHEN VENTILATION:
The structure is designed to accommodate a designated future soft core position
adjacent to the north core where tenants can form a hole in the structure and
construct additional service riser positions.
6700 - CONTROLS
The heating, cooling and ventilation plant is controlled and monitored by a
software drive direct digital control building management system (BMS)
incorporating stand alone outstations.
The control system provides optimised start/stop of plant, an early morning
'boost' heating control facility, frost control, weather compensated control,
fire protection interfaces and includes the following:
Motor control centres, serving the air handling plant, chiller, boiler, toilet
supply and extracts fire services plant, plant room ventilation plant and
individual control and monitoring of each fan coil unit.
Software programmes for driving the controls.
A PC and printer for accessing and monitoring the status of the system.
As an energy saving measure, the system also provides the facility to control
the supply air volume to individual floor or part floors, allowing them to
operate outside normal working hours when the remainder of the building is
shut-down.
Duct, plant and pipe mounted control devices includes all sensors, detectors,
flow switches, control valves, damper actuators and controllers for the
heating, cooling and ventilating systems.
The controls system is capable of expansion by the Tenant to control additional
plants installed by the Tenant and to fully monitor the plant and conditions
within the building as required.
Outline Building Specification
MECHANICAL SERVICES CONTD
6900 - THERMAL INSULATION & TRACE HEATING
Thermal insulation to all heating and chilled water distribution pipework, cold
water pipework in risers, roof plant rooms and where exposed to freezing,
rainwater pipework in floor and ceiling voids and ventilation system supply,
generator cooling water pipes and generator flues in the west core.
Thermal insulation to heating and chilled water distribution pipework serving
fan coils with the usable office suspended ceiling.
Fibrous or phenolic foam type insulation, with coated aluminium foil face or
equal, or pipework and ductwork.
Fire and smoke stopping around horizontal and vertical services where they pass
through fire rated walls and floors.
Thermal insulation to the soffit of the lower ground floor car park, refuse
area, main-entrance area and pedestrian access passage below occupied office
areas.
Trace heating in addition to thermal insulation is provided to small bore cold
water pipework in areas exposed to freezing and HWS "dead-leg" pipework where
applicable and sprinkler pipework in the refuse store.
ELECTRICAL SERVICES
7000 - ELECTRICAL INSTALLATION
MAIN SUPPLIER:
The electrical supply to the building is taken from a new London Electricity
transformer chamber located in the basement. From this chamber new low voltage
(415V) supplies are taken to separate air switchboards serving the landlord and
tenant services.
SUB-MAIN DISTRIBUTION:
Cable risers, from the tenants' main switchboard in the basement switchroom,
feed miniature circuit breaker distribution boards on each office floor for
Tenants to install small power into usable office areas.
Cable risers from the landord's main switchboard feed distribution boards
serving central plant, lighting and small power in all areas, except the usable
office and retail.
Outline Building Specification
ELECTRICAL SERVICES CONTD
7000 - ELECTRICAL INSTALLATION CONTD.
LIGHTING & POWER IN USABLE OFFICE AREAS:
Light sub-circuits in the suspended ceiling void, between the tenant's
distribution board on each floor and lighting outlet boxes. Note:- the light
fittings (supplied under Element 8725 and installed under Element 4000) fix
directly into the outlet boxes.
Supply and installation of electrical floor boxes (for installation in the
raised floor) at a density of 1 per 12 sq.m in usable office areas at lower
ground, ground and levels 1, 4, 5 and 6 and 1 per 7 sq.m at levels 2 and 3.
Each floor box comprising galvanised steel 4 compartment base and mounting
frame nylon/plastic lid tray assembly suitable for carpet inlay, two twin
unswitched socket power outlets and two blank plates to receive telecom/data
outlets (data and telecom outlets excluded).
Small power wiring, trunking and conduit is not included. However, the main
electrical supply to the building and electrical risers have been designed on
the assumption that Tenants will install their small power installations at an
average load of 25W/m2 on general office floors and 35/Wm2 on Dealer Floors.
LIGHTING IN LANDLORD'S COMMON AREAS:
Lighting in main entrances and core areas is by means of recessed fluorescent
downlighting fittings and those in the atrium are purpose designed for their
application.
Lighting in the lower ground floor car park is by means of surface mounted
metal halidon fittings. In the basement plantrooms and other landlord areas
lighting is by means of surface fixed tubular fluorescent fittings.
The design average illumination is in accordance with the CIBSE Code for
interior lighting (1994) as detailed below:-
Entrance halls, lobbies 200 lux
Reception desk 500 lux
Lifts 100 lux
Corridors, stairs 100 lux
Atrium (general) 50-200 lux
Toilets, cleaners rooms 100 lux
Outline Building Specification
ELECTRICAL SERVICES CONTD
7000 - ELECTRICAL INSTALLATION CONTD.
LIGHTING IN LANDLORD'S COMMON AREAS: CONTD.
Telecom ▇▇▇▇ ▇▇▇ lux
Boiler, Plant Rooms 100-150 lux
Control room 300 lux
Electrical switchrooms 200 lux
Store rooms 100 lux
Car parks (internal) 100 lux
Ramps 150 lux
Emergency lighting by the use of non-maintained self contained units is
provided to a escape routes; these units are either contained within
fluorescent luminaires or are independent battery packs powering emergency
downlighters.
EXTERNAL LIGHTING:
External lighting is controlled via a distribution board automatically switched
by a solar disk time clock. The design average illumination is in accordance
with the CIBSE Lighting Guideline LG6: 1992 'The Outdoor Environment'.
SMALL POWER IN LANDLORD'S COMMON AREAS:
Small power in the main entrance, atrium, core and other landlord areas, is
provided by socket outlets recessed into walls (or surface fixed if on fair
face block walls).
FIRE ALARMS:
Addressable detection fire alarm system based upon an open plan office layout
comprising break glass contacts, bells and smoke detectors.
A main monitoring zoned panel is provided in the security/control room and a
repeat fire brigade panel at the brigade arrival point. These have interface
connections to the main plant, lifts and sprinkler systems and a facility for
fireman's control of selected plant.
TELECOMMUNICATIONS:
Telecommunications equipment and cabling to and within the building is provided
by Tenants.
Outline Building Specification
ELECTRICAL SERVICES CONTD
7000 - ELECTRICAL INSTALLATION CONTD.
TELECOMUNICATIONS: CONTD.
Separate entry ductways for both BT and Mercury are provided in two locations.
A common main frame room is located at basement level.
A cable tray riser is provided in two positions for future telecoms cable
installations.
SUB-METERING:
A kilowatt hour meter is provided at each main low voltage switchboard (4 No.)
If the building is let on a multi-tenancy basis it may require additional
sub-metering.
TV AERIAL:
A central roof mounted television aerial is provided complete with the signal
booster and a aerial socket in the main core at each office level.
SECURITY INSTALLATIONS:
Closed circuit television cameras covering the Old Broad Street and Austin
Friars Square elevations and the pedestrian route.
An intercom system between the main reception desk, security/control room,
main Old Broad Street entrance, car park entrance and lower ground car park
only.
A conduit installation, linking external doors and core doors into the usable
office areas, to allow future installation of door monitoring equipment by the
Tenant.
A traffic control system to regulate cars entering and leaving the lower ground
floor car park.
7500 - STANDBY GENERATION
Standby generation is provided, sufficient for 100% emergency supplies to
Landlord's areas and plant as detailed below. The generation plant, however,
will not be of sufficient capacity to serve the air conditioning chiller plant
and chilled water pumps.
(1) Boilers and associated pumps and ventilation systems.
(2) Car park ventilation, automatic parking equipment and lighting.
(3) fire fighting services i.e. hosereel and sprinkler pumps.
(4) Basements and stairs lighting and small power.
Outline Building Specification
ELECTRICAL SERVICES CONTD
7500 - STANDBY GENERATION CONTD.
(5) Domestic water services.
(6) Toilet supply and extract fans
(7) Passenger and fire fighting lifts
(8) Smoke extract fans and associated fire dampers.
(9) Entrance hall reception lighting and power.
A 300 mm diameter insulated flue is provided to exhaust at roof level.
Space has been allocated in the basement for a future Tenant's generator of
approximate 1000 kVA capacity.
7700 - LIGHTNING PROTECTION
A lightning protection scheme is installed to BS 6651 comprising roof mounted
earth tape having coloured pvc covering. Down conduction is by connection to
selected column steel reinforcement terminating in copper flexible tapes to
pile reinforcement and driven earth rods.
7800 - LIFT INSTALLATIONS
The building is served by a group of 4 passenger lifts, having a contract load
of 1250 kg carrying capacity of 16 persons and a travel speed of 1.6m/sec.
The passenger lifts serve ground to sixth floor levels inclusive, one pair of
lifts additionally serves the lower ground floor.
Each passenger lift is finished to a high standard having stone tiled floor,
suspended ceiling, concealed lighting and predominantly clear glass walls and
doors.
Two fire fighting lifts within the fire fighting stair cores serve lower ground
floor to levels complying with BS 5588 each having a contract load capacity
of 630 kg and a car size of approximately 1400 x 1100 x 2200 mm high internally
a door opening size of 800 - 2000mm and a travel speed of 1.0m/sec. The lift
car includes manufacturer's standard finishes.
A separate goods lift serves basement to level 6 inclusive having a contract
load of 1600 k + top hat and a travel speed of 1.0 m/sec
Outline Building Specification
ELECTRICAL SERVICES CONTD
7800 - LIFT INSTALLATIONS
OFFICE LIGHT FITTINGS:
500 x 500mm recessed, air handling, high frequency, twin lamp fluorescent
luminaires with louvres and reflectors, located to suit the 1.50m planning
module to provide an average illumination of 450 lux at desk top level in open
plan usable office areas.
Emergency lighting is achieved by the use of non-maintained self-contained
units of notional escape routes based upon an open plan layout.
The 500 x 500 mm luminaires are supplemented at perimeters and changes in
direction of the grid, by 220mm diameter recessed, high frequency fluorescent
downlighters.
Outline Building Specification
EXTERNAL WORKS
8229 - REFACING AUGUSTINE HOUSE
Refacing to match existing with Portland stone the areas of wall of Augustine
House exposed by the demolition of ▇▇▇-▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇.
8990 - EXTERNAL WORKS
Stone paving and sub-base to paved areas inside the site boundary around the
building at ground level including the pedestrian route through.
Road surfacing/waterproofing in the lower ground level car park access ramp
area.
An allowance for replacing the Local Authorities pavings around the site
boundary with York stone slabs and re-setting approximately 50% of the
existing road ▇▇▇▇▇.
Existing waterproofing over basement areas under pavements replaced with new
master asphalt. Waterproof membrane under the paving to the public route
through.
▇▇▇▇ - ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
Taking up existing pavings, regrading and laying granite setts to the service
access road and York stone paving to the remaining areas of the Square.
The provision of trees, seating, ▇▇▇▇▇ and bollards.
Upgrading the existing external lighting and altering existing underground
services as necessary.
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