On March 25, 2015, a lease agreement was signed between Liel Premium Ltd., the new owner of the first floor of the building, and the Maccabi Foundation [Exhibit P/13], according to which it leased to the Maccabi Foundation 78% of the areas on the first floor [see also the testimony of the CEO of the Maccabi Foundation, Mr. Yehoshua Zilonka, at p. 802 of the transcript, lines 10-12].
In clause 13 of the lease contract dated March 25, 2015, which was signed between Liel Premium in a tax appeal and the Maccabi Foundation, it was stated:
"The landlord [Liel Premium in a Tax Appeal - Y.G.) undertakes to refrain from allowing any use of the areas adjacent to the leased property that she owns [on the first floor of the building - Y.G] for catering purposes... For example... Coffee shops... To this end, the landlord undertakes... No... to lease the adjacent areas as aforesaid to any third party for the aforementioned purposes, and to indicate in every agreement signed between the landlord and a third party the prohibition of such use."
On July 6, 2015, the franchise agreement was signed between Sol and the Rothschild Café Partnership. On July 7, 2015, the sale agreement was signed between Sol and the Rothschild Café Partnership.
Even before the deal between the partnership and Sol, Liel Premium owned the first floor in a tax appeal, and undertook with the Maccabi Foundation not to make areas on the first floor available for the use of the café.
Rothschild Café Partnership Version in Section 87A. To the statement of defense: "The sale of the property on the top floor, in a manner that does not allow continued use of the restroom and the warehouse, occurred after the signing of the sale agreement and the concession agreement between the parties" - concealed.
The new owner, Liel Premium, did not give consent to the partnership to use the warehouse and toilets on the first floor of the building, and even committed to the Maccabi Foundation not to allow the café to use the areas on the first floor.