LEASE AGREEMENT

KNOW ALL MEN BY THIS PRESENTS:

 
        This Lease Agreement, made and entered into this 13 th day
of February, 2020 in the City of Pasig, by and between:
 

ERLINDA D. BETITO, of legal age, Filipino, and

residing at Unit 2628 Mega Plaza, ADB Ave. cor Garnet
Road, Ortigas Center, Pasig City, represented by her
attorney-in-fact, JAMES ANTHONY D. BETITO,
hereinafter referred to as the “LESSOR“

and

DIANE CASEM GARCES, with principal address at Lot

32, Blk 156, Karangalan Viillage, Felix Ave., Bgy. San
Isidro, Cainta, Rizal hereinafter referred to as the
“LESSEE”’

WITNESSETH that -

WHEREAS, LESSOR is a registered owner of a commercial unit,

known as Stall #1, located at # 323 Amang Rodriquez Ave. Bgy.
Manggahan, Pasig City;

THEREFORE, LESSOR hereby leases to LESSEE and the latter

hereby accepts to lease the said premises (hereinafter
referred to as the “LEASED PREMISES”).

This Lease Agreement is under the following terms and

conditions:

1. RENTAL AND PAYMENT- Parties herein agree that the

rental of the Leased Premises shall be Ten Thousand Pesos (Php
10,000.00), every month. Upon signing of this Agreement, the
LESSEE agrees to pay the LESSOR the sum of Thirty Thousand
Pesos (Php 30,000.00) to be applied as follows:

a. the sum of Ten Thousand Pesos (Php 10,000.00) as

one (1) month advanced rental, which shall be
applied already been received by the LESSOR; and

b. the sum of Twenty Thousand Pesos (Php 20,000.00)

as two (2) months Security Deposit, which will
remain intact during the lease period to answer for
any unpaid bills such as for electricity, water,
telephone, and for damages made on the Leased
Premises if any. The unused portion of this deposit, if
any, shall be refundable immediately after the final
billing. In the event the LESSEE decides to pre-
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terminate this Lease Agreement for whatever reason,

a written notice of pre-termination should be sent to
the LESSOR at least sixty (60) days before the
effective date of the pre-termination, and the
Security Deposit shall be forfeited in favor of the
LESSOR, subject to deduction for whatever utility
bills, interests, penalties that have remained unpaid
and cost of damages caused on the Leased Premises,
provided that the LESSEE shall still be liable for any
and all bills, interests, penalties and damages that
may exceed this Security Deposit.

The LESSEE shall issue post-dated checks, with each

check amounting to Php 10,000.00 representing LESSEE’s
monthly payment, starting from Feb 13, 2020 to Feb 13, 2021.

In case any of the post-dated checks issued to the

LESSOR by the LESSEE is dishonored for any reason, and
LESSEE fails to pay any monthly rent, in addition to the
forfeiture of the Security Deposit, the LESSEE shall pay to the
LESSOR interest on the amount due at the rate of three percent
(3%) per month, to be computed from the date of delinquency
until full payment. The foregoing shall be without prejudice to the
right of the LESSOR to terminate and cancel this Lease
Agreement and exercise to the right of the LESSOR to terminate
such rights incidental thereto as set forth in this Agreement.

2. TERM - The term of the lease shall be one (1) year,

starting from 13th day of February 2020 until the 13th day of
February 2021.

3. RENOVATIONS/IMPROVEMENTS - The LESSEE shall

not make any renovation or improvement without prior written
consent of the LESSOR provided that all such improvements,
renovation, alterations or additions of whatever nature made on
the Leased Premises shall, upon completion thereof, form
integral parts of the Leased Premises and shall not be removed
therefrom and shall belong to, and become exclusive property of
the LESSOR, without any right on the part of the LESSEE to
reimbursement of the cost or value thereof. For purposes of this
provision, the LESSEE shall submit the proposed plan of
alteration/renovation or improvement for approval of the
LESSOR.

4. FIXTURES AND OTHER EQUIPMENT- Upon expiration

or termination of this Lease Agreement, provided LESSEE is not
then in default in the performance of any of the terms,
conditions, covenants and agreements herein contained, LESSEE
may remove, as its expense, all of its furniture and other
equipment which may be removed without defacing or causing
damage to the Leased Premises, provided always that the
LESSEE shall repair all damages, ordinary wear and tear
excepted, to the Leased Premises caused by the removal of said
furniture or equipment. Any immovable fixtures and other
equipment installed by the LESSEE shall form part of the unit
and may not be removed even if this contract expires or has
terminated.
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5. SUBLEASE and ASSIGNMENT- LESSEE shall not

directly sublease, assign, transfer, convey, mortgage or in
anyway encumber his right of lease over the Leased Premises or
any portion thereof.

6. USE, TENANTABLE AND SECURE CONDITION -

LESSEE hereby expressly acknowledges that, upon execution of
the Lease Agreement, the Leased Premises are in good and
tenantable condition. LESSEE shall keep the same in good, clean
and tenantable condition at all times, promptly and properly
repair any damage in the Leased Premises, and provide security
in the ordinary course of operations thereof. LESSEE, its officers,
employees and authorized personnel, shall use the Leased
Premises only for commercial purposes. LESSEE shall not keep,
deposit or store in the Leased Premises any obnoxious
substances or inflammable materials that might constitute a fire
hazard or any danger. LESSEE shall promptly inform LESSOR of
any damage, defect or similar condition (for whatever cause)
within the Leased Premises. In the event that the LESSEE fails to
undertake the maintenance and repair works as stipulated
herein, the LESSOR may opt for itself to cause the works and
charge the cost thereof for the account of the LESSEE. Repair or
maintenance works shall be done by the LESSEE for the
LESSEE’s own account.

7. PAYMENT OF UTILITIES- LESSEE shall pay promptly

expenses for the light, water, telephone bills, and other utility
services.

8. NON-LIABILITY- LESSEE shall hold LESSOR free and

harmless from any liability or responsibility for damages or injury
to any person or property arising out of or as a consequences of
this Lease Agreement, or the use of the Leased Premises by the
LESSEE, or the use of the other leased units by their respective
occupants at the building where the Leased Premises is located,
where the same is not directly due to the fault or gross
negligence of LESSOR or its agents.

9. RIGHT TO VISIT- LESSOR shall have a right to visit the

Leased Premises anytime during the period of Lease Agreement.

10. ABANDONMENT- In case the Leased Premises is left

unused for more than two (2) months without written notice to
the LESSOR, LESSOR may, at its option, consider the Leased
Premises abandoned and forthwith terminate this Lease
Agreement without further notice. Upon its termination, LESSOR
shall have the right to force open and enter the Leased Premises,
take inventory and possessions of all furniture, effects and/or
materials found therein, remove the same from the Leased
Premises, and/or place them in storage. If necessary, LESSOR
shall charge such storage charges to LESSEE. The LESSOR is
entitled to whatever right, power, authority and protection
granted under paragraph hereto before the expiration of the
Lease Agreement, and the security deposit given by the LESSEE
shall be forfeited in favor of the LESSOR which shall be applied
in payment for unpaid bills of MERALCO, Telephone, etc., and for
the repairs of destroyed parts of the Leased Premises, without
prejudice to any further claim by the LESSOR for damages from
and/or against the LESSEE.
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11. DEFAULT- In the event of failure by LESSEE to pay the

monthly rental, or in case of any breach of any or all conditions,
covenants or terms of this Lease Agreement by LESSEE, which
breach is not cured or remedied by LESSEE within fifteen (15)
days from the date of the occurrence of the breach, then,
LESSOR shall have the further right to eject LESSEE from the
Leased Premises and to recover all amounts due as rentals,
and/or other actual charges payable by the LESSEE hereunder,
with interest thereon at the rate of four percent (4%) per month
from the date of delinquency, as well as actual damages
including reasonable actual attorney’s fees and cost of litigation
resulting from such breach or delinquency. In addition to the
foregoing immediate provisions, the LESSOR shall forfeit any or
all advanced rentals and security deposits paid by the LESSEE to
the LESSOR.

12. LOCK-OUT- In the event of default by LESSEE as

herein above provided, and after due notice has been given by
LESSOR to LESSEE of the termination of this Lease Agreement,
LESSOR shall have right and authority to padlock the Leased
Premises, and to prevent LESSEE, and its agents from entering
the Leased Premises, except to settle LESSEE’s outstanding
obligations, provided that LESSEE shall not remove any of its
properties from the Leased Premises until full settlement of its
obligation to LESSOR. It is understood that LESSOR shall have
the right to take an inventory, withhold release of and/or place in
storage any property belonging to LESSEE and/or its sub-
lessees, if any, as security for the payment of its obligations
hereunder. The LESSOR is likewise expressly empowered and
authorized as attorney-in-fact of LESSEE to dispose of or sell the
said properties at public auction to answer for all cost and
charges owed by the LESSEE to the LESSOR, without being
answerable for any criminal or civil liability arising there from. In
addition to the above provision, the LESSOR shall have the right
to disconnect water and electricity supply in the event the
LESSEE fails to pay rentals, defaults or breaches any conditions,
terms and covenants of this Lease Agreement. However, electric
and/or water supply shall resume and water meter restored
within forty eight (48) hours from settlement of unpaid accounts
or breach is cured by the LESSEE in cases as referred to in
paragraph 13 hereof and payment of reconnection fee.

13. TERMINATION AND CANCELLATION OF LEASE-

This Lease shall automatically terminate upon the happening of
any of the following events:

13.1 The expiration of the stated Term.

13.2 Default of failure of the LESSEE to comply with any of
the terms of this Lease Agreement;
13.3 Abandonment of the Leased Unit under paragraph
10; and
13.4 The use by LESSEE of the Leased Premises is in
contravention of the restriction contained in this Lease
Agreement.
13.5 Pre-termination by the LESSEE of the Lease
Agreement, for any other reason
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14. NON-WAIVER OF RIGHTS- The reference in this Lease

Agreement to any particular remedy shall not preclude the
parties from availing of other remedies in law. Failure or delay of
LESSOR to insist, once or in several instances on the strict
performance by LESSEE of any stipulation or condition of this
Lease Agreement or to exercise any right or option herein shall
not be construed as abandonment, withdrawal, waiver or
cancellation of such stipulation, condition or gift or option.

15. BINDING EFFECT- All the terms, covenants,

conditions and provisions of this Lease Agreement shall be
binding and enforceable upon the parties and their heirs,
successors-in-interest, and assigns.

16. ENTIRE AGREEMENT- This Lease Agreement

supersedes and renders void any and all agreements, oral and/or
written, previously entered into between the parties with respect
to the Leased Premises, and this contract may not hereafter by
modified or altered except by a written instrument duly signed
by the parties hereto.

17. RENEWAL OF LEASE- This Lease Agreement may be

renewed upon mutual agreement by the parties for another one
(1) year upon prior written notice by the LESSEE to the LESSOR
two (2) months before the expiration of the Term hereunder,
subject to a review and agreement by the parties. If no notice to
renew is received by the LESSOR, or the parties fail to mutually
agree on the rental payments for the renewal period, the
LESSEE shall be deemed to have no intention of renewing this
Lease Agreement and the LESSOR shall be free to lease the
Leased Premises to another lessee. In such event, the LESSOR
shall have the right to exhibit the Leased Unit to prospective
lessees during the last month of the Term; provided, however,
that prior notice to be given to the LESSEE and that the same be
conducted during the business hours. The LESSOR may refuse
to renew this Lease Agreement on its own volition.

  IN WITNESS WHEREOF, the parties have hereunto set

their hands on the date written above in Pasig City, Philippines.

JAMES ANTHONY D. BETITO    DIANE CASEM GARCES

For and in behalf of LESSEE
ERLINDA D. BETITO
LESSOR

SIGNED IN THE PRESENCE OF:

____________________ ___________________
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ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

_______________ ) S.S.
        

BEFORE ME, a Notary Public for and in the City of

___________, this _____ day of ___________ 2020 personally
appeared the following persons with their respective Government
ID numbers beside their names:

Name Gov’t ID No. Issued On Issued At

1. JAMES ANTHONY D. BETITOLTO Drivers License No. N02-02-004951

2. DIANE CASEM GARCES

all known to me and to me known to be the same persons who

executed the foregoing instruments and they acknowledged to
me that the same is their own free and voluntary act and deed.

This instrument consisting of six (6) pages including this

page where this Acknowledgment appears, refers to the Lease
Agreement and that the same have been duly signed by the
parties hereto and two instrumental witnesses on each and every
page hereof.

WITNESS MY HAND AND SEAL on the date and at the

place first above written.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2020