Bij brief van 1 mei 2019 heeft Hilton aan AHH en Nautic, voor zover van belang, het volgende geschreven:
“[Hilton] is the tenant under the lease agreement with AHH in respect of the buildings, gardens and marina situated at Apollolaan 138-140 in Amsterdam (the Head Lease). Hilton has been the tenant of that property since 1958.
[Hilton] has received a copy of the writ of summons for summary proceedings (kortgeding dagvaarding) initiating the court hearing scheduled on May 8, 2019 at 15.00 CEST at the district court of Amsterdam, with AHH as plaintiff and Nautic as defendant.
[Hilton] noted that AHH demands eviction of the pontoons (steigers) (the User Pontoons) which are used by Nautic pursuant to the user agreement between [Hilton] and Nautic (the User Agreement) signed together with the sublease in respect of the marina around February 2009, with the consent of AHH.
Use of the User Pontoons
As regards AHH's claim that the current use of the User Pontoons is more intensive than what was agreed and thus in breach of the terms of the User Agreement, we note the following:
• the use of the User Pontoons is a relevant part of the operation of the marina as a whole. The marina is an important element of the successful exploitation of the Hilton Amsterdam Hotel;
• therefore, the continued steady use and operation of the marina is important to [Hilton];
• on October 19, 2018 [Hilton] had a meeting with AHH to discuss a less intensive use of the User Pontoons by Nautic and agreed that AHH would present a list of proposed requirements to adjust the use of the User Pontoons (the Requirements);
• in consultation with AHH, [Hilton] sent a conditional termination letter to Nautic on October 24, 2018 pursuant to which [Hilton] terminated the User Agreement per January 1, 2019. Such termination was conditional on [Hilton] and Nautic not reaching an agreement on a less intensive form of use of the User Pontoons before November 30, 2018, with reference to the Requirements to be received from AHH;
• to date such Requirements have not been received from AHH and therefore no adjustments have been agreed with Nautic;
• [Hilton] had a meeting with Nautic on March 11, 2019 to discuss Nautic's willingness to make certain adjustments pending AHH's submission of the Requirements;
• as the aforementioned November 30, 2018-deadline has been extended a number of times to facilitate amicable solutions pending AHH's submission of the Requirements, most recently until May 30, 2019, it is our view that the User Agreement is still in force.
(…)”.