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RESTRICTED WT/BFA/W/298/Rev.1 6 RESTRICTED WT/BFA/W/298/Rev.1 6 September 2016 (16-4734) Page: 1/40 Committee on Budget, Finance and Administration Original: French CH, GE, WTO, FIPOI, ADAPTATION OF THE INFRASTRUCTURE CONTRACT, CANCELLATION AND CREATION OF THREE SURFACE RIGHTS AND EASEMENTS Revision _______________ The following communication represents the certified copy of the above-mentioned deed1, drawn up on 29 August 2013 and validated by the Geneva Land Register on 7 August 2015. This document is authentic in French only. 1 This deed replaces the document circulated at the request of the FIPOI on 23 May 2013 (WT/BFA/W/298). WT/BFA/W/298/Rev.1 - 2 - SWISS CONFEDERATION/STATE OF GENEVA/WTO/FIPOI ADAPTATION OF THE INFRASTRUCTURE CONTRACT, CANCELLATION AND CREATION OF THREE SURFACE RIGHTS AND EASEMENTS Maître Robert-Pascal FONTANET, Notary WT/BFA/W/298/Rev.1 - 3 - ON THE TWENTY-NINTH DAY OF AUGUST OF THE YEAR TWO THOUSAND AND THIRTEEN, Before the undersigned Maître Robert-Pascal FONTANET, notary, with offices at 57 rue du Rhône, Geneva, THERE APPEARED: 1. Mrs Eveline WIDMER-SCHLUMPF, of Felsberg (Canton of Grisons) and Mönchaltorf (Canton of Zurich), Head of the Federal Department of Finance, at Bern, acting for these presents on behalf and for the account of the SWISS CONFEDERATION, being fully empowered for the purpose of these presents, as follows from the Decision of the Federal Council of the twenty-sixth day of June of the year two thousand and thirteen, a certified copy of which remains attached to this deed (Annex No. 1), hereinafter called "the SWISS CONFEDERATION", party of the first part, 2. Mr François LONGCHAMP, of Collonge-Bellerive, State Councillor, Head of the Urban Planning Department, at Geneva, acting for these presents on behalf and for the account of the STATE, that is, the REPUBLIC AND CANTON OF GENEVA, being fully empowered for the purpose of these presents, as follows from the Decree of the Council of State of the twenty-fourth day of July of the year two thousand and thirteen, a certified copy of which remains attached to this deed (Annex No. 2), and from the regulations relating to the signature of officially recorded and other deeds concerning real property, hereinafter called the "STATE", party of the second part, 3. Mr Pascal LAMY, a French national, Director-General of the WORLD TRADE ORGANIZATION, domiciled at 154 rue de Lausanne, 1202 Geneva, acting on behalf and for the account of the WORLD TRADE ORGANIZATION, at Geneva, an intergovernmental organization, being fully empowered for the purpose of these presents, as follows from the Decision of the General Council of the twenty-fourth day of July of the year two thousand and thirteen, which remains attached to this deed (Annex No. 3), hereinafter called the "WTO", party of the third part, 4. Mr Alexandre FASEL, of Fribourg, Chair of the Foundation Council, at Geneva, and Mr François REINHARD, of Geneva, Director, at Lancy, acting on behalf and for the account of the FOUNDATION FOR BUILDINGS FOR INTERNATIONAL ORGANISATIONS (FIPOI) (CH-660-0069965-0), with headquarters at Geneva, being fully empowered for the purpose of these presents, as follows from the entries recorded in the Commercial Register, hereinafter called the "FIPOI", party of the fourth part, WT/BFA/W/298/Rev.1 - 4 - The parties here appearing first recall the following: PRELIMINARY STATEMENT OF FACTS A. INFRASTRUCTURE CONTRACT The parties begin by recalling that, under the terms of a deed drawn up on 2 June 1995 by the undersigned notary entitled "INFRASTRACTURE CONTRACT" (hereinafter called the "deed of 2 June 1995" or "infrastructure contract"), recorded in the Land Register under P.j. 1269 of 8 February 2010, the surface right registered in 1974 on sheet No. 4046 of the Commune of Geneva, Petit-Saconnex section, for the benefit of the FIPOI, was cancelled and three new surface rights were created and then assigned to the FIPOI, respectively to the WTO. They also recall that, although almost 15 years elapsed between the time of drawing up the deed and its recording in the Land Register, this was owing to the fact that the latter was subject to the fulfilment of conditions precedent, one of which was the granting of a loan for works by the Grand Council of the Republic and Canton of Geneva for the car park mentioned under letter "K" of the deed, which only occurred in 2010 following the entry into force of "Law 10486 of the Grand Council granting an investment credit of Sw.fr. 26,934,000 to build a car park with 400 spaces for the World Trade Organization (WTO)". The WTO thus acquired DDP (separate and permanent right "droit distinct et permanent") No. 4542 encumbering plot 246 ("Centre William Rappard", also designated by the initials "CWR") in the Commune of Geneva, Petit-Saconnex section, described in more detail below. The FIPOI, for its part, acquired the following surface rights: (a) DDP No. 4543 encumbering plots 246 and 247 ("Conference room") in the Commune of Geneva, Petit-Saconnex section, described in more detail below; and (b) DDP No. 4544 encumbering plot 246 (so-called "gardener's house") in the Commune of Geneva, Petit-Saconnex section, described in more detail below. B. EXCHANGE The parties recall furthermore that, under a deed drawn up on 30 November 2010 by the undersigned notary entitled "EXCHANGE", recorded in the Land Register under P.j. 13107 of 9 December 2010, the STATE and the SWISS CONFEDERATION altered the boundaries of former plots 245 and 246 of the Commune of Geneva, Petit-Saconnex section, by means of a metre-for-metre exchange intended to permit the fulfilment of the present deed. Thenceforward, the plot owned by the SWISS CONFEDERATION has borne the number 5409, while the plot owned by the STATE, on which the CWR is situated, bears the number 5410. C. AGREEMENT OF 1 AUGUST 2008 Lastly, the parties recall that, on 1 August 2008, the SWISS CONFEDERATION and the WTO signed an Agreement on the long-term housing needs of the Organization (hereinafter called "the Agreement of 1 August 2008"). WT/BFA/W/298/Rev.1 - 5 - D. The SWISS CONFEDERATION is recorded in the Land Register as the sole owner of the property comprising the following registered plot: 1.1. Property Commune of Geneva, Petit-Saconnex section "132, rue de Lausanne" Plot 5409 No. A559 University area 371 m2 No. A567 Offices area 63 m2 No. A666 Single housing unit area 78 m2 No. A667 Single housing unit area 117 m2 No. A668 Single housing unit area 117 m2 No. A669 Single housing unit area 118 m2 No. A670 Single housing unit total area 247 m2 No. 2514 SIG technical installations for electricity area 2 m² No. 2190 Part of underground technical installations for water area 119 m² No. A762 Underground building area 231 m2 Total area of the plot 45,405 m2 Hereinafter called: the building. 1.2. Origin of ownership The SWISS CONFEDERATION is the owner of the building by virtue of having acquired it under the will of Mrs Victoria BARTON née PEEL, as attested by a deed of bequest recorded in the Land Register under P.j.A 801 of 1 July 1937, and under the terms of the aforementioned deed of exchange. 1.3. Mentions There are no mentions regarding the building in the Land Register. 1.4. Annotations There are no annotations regarding the building in the Land Register. 1.5. Easements and land charges The building is not subject to any easement or land charge in the Land Register other than the following: (a) incumbent on plot 5409, for the benefit of plots 5425, 5426 (formerly 5256), 5296 and 5343, and of HORIZON NORTH SA of Geneva, HORIZON SOUTH SA of Geneva, and for the benefit of SERVICES INDUSTRIELS DE GENEVE, a publicly owned enterprise of Geneva, a surface easement over the subsoil of plot 245 (pumping station), not WT/BFA/W/298/Rev.1 - 6 - registered as a separate and permanent right or time-bound, recorded under P.j. 13287 of 12 December 2006, since amended (RS 69607, ID.2007/001914); (b) incumbent on plot 5409, for the benefit of plots 5425, 5426, 5296 and 5343, and of HORIZON NORTH SA of Geneva, HORIZON SOUTH SA of Geneva, and for the benefit of SERVICES INDUSTRIELS DE GENEVE, a publicly owned enterprise of Geneva, a pipeline easement, recorded under P.j. 13287 of 12 December 2006, since amended (RS 69608, ID.2007/001919); (c) incumbent on plot 5409, for the benefit of SERVICES INDUSTRIELS DE GENEVE, a publicly owned enterprise of Geneva, a surface easement (wiring point), recorded under P.j. 8388 of 14 August 2009 (RS 76401, ID.2009/007111); (d) incumbent on plot 5409, for the benefit of SERVICES INDUSTRIELS DE GENEVE, a publicly owned enterprise of Geneva, a surface easement (transformer substation), recorded under P.j. 8388 of 14 August 2009 (RS 76402, ID.2009/007112); (e) incumbent on plot 5409, for the benefit of SERVICES INDUSTRIELS DE GENEVE, a publicly owned enterprise of Geneva, a cable duct easement (electricity), recorded under P.j. 8388 of 14 August 2009 (RS 76403, ID.2009/007113); (f) incumbent on plot 5409 in particular, for the benefit of the separate and permanent surface right registered on sheet No. 4542, a right of way for pedestrians and vehicles, recorded under P.j. 1269 of 8 February 2010 (RS 77339, ID.2010/001942); (g) incumbent on plot 5409 in particular, for the benefit of the separate and permanent surface right registered on sheet No. 4542, a pipeline easement, recorded under P.j.
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