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Contract of Lease (Demorok Bridge)

AMATIAGA, HEIRS OF DIEGO


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CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:

HEIRS OF DIEGO AMATIAGA, namely: ROGELIO S. AMATIAGA,


JOEY Y. SUMILE

ERLINDA S. AMATIAGA and SALVADOR S. AMATIAGA, of legal ages,


single/married and residents of Josefina, Zamboanga, del Sur, hereinafter
referred to as the LESSORS;

-and-

VICENTE T. LAO CONSTRUCTION, a single proprietorship organized


existing under and by virtue of the laws of the Republic of the Philippines,
with office address at Km. 12, Diversion Road, Panacan, Davao City, duly
represented herein by Engr. JOEY Y. SUMILE, in his capacity as Project
Manager, hereinafter referred to as the LESSEE.

WITNESSETH:

WHEREAS, the LESSOR is the registered owner and/or lawful possessor of a


ROGELIO S. AMATIAGAERLINDA S. AMATIAGASALVADOR S. AMATIAGA

parcel of land denominated as portion of Lot No. 1940 and covered by Tax Declaration
No. 16-08-0009-00252, containing an area of FORTY FIVE THOUSAND EIGHT
HUNDRED THIRTY THREE (45,833) square meters, more or less, situated at
Mansanas, Josefina, Zamboanga, del Sur (the “Land”).

WHEREAS, the LESSEE is desirous to lease a portion of the above-described


Land for a period of ONE (1) YEAR;

WHEREAS, the LESSOR is agreeable to leasing the Land to the LESSEE.

NOW THEREFORE, for and in consideration of the foregoing premises, the parties have
agreed, to wit: This Lease shall cover only the area of Six Thousand (6,000) square meters,
more or less, identified in the Sketch Plan duly signed by the LESSOR which is hereto attached
as ANNEX “A.”.

1. TERM. – This lease shall be effective for a period of ONE (1) Year from JUNE 1, 2020
until MAY 31, 2021. However, should the LESSEE’s project/s has/have not yet
completed on May 31, 2019, the LESSOR and the LESSEE have mutually agree to
automatically renew this agreement until the completion of the project of the LESSEE
under the same rental rate as herein provided.

2. LEASE RENTALS. – The monthly rental of the leased premises shall be Five
Thousand Pesos (Php 5,000.00), and shall not be increased in case the contract is
renewed for another period;

3. PAYMENTS. – The lease rental shall be payable to the LESSOR on a monthly basis by
the LESSEE.

4. PURPOSE OF LEASE. - That the LESSEE shall use the Leased Area for its field office,
residential, bunk house, motor pool, warehouse, shop, stockpile of aggregates,
equipment’s laydown, and other improvements which the LESSEE may deem
necessary, proper and convenient for its business;

5. IMPROVEMENTS. –Any and all improvements introduced by the LESSEE on the Land,
including but not limited to buildings or structures and other improvements, whether or
not attached/incorporated to the Leased Area, shall remain the property of the LESSEE
upon the termination of this Lease for whatever reason.

6. ENTRY AND ACTVITIES - The LESSOR agrees, consents and permits the LESSEE his
agents and representatives to enter the lease premises, introduce improvements,
Contract of Lease (Demorok Bridge)
AMATIAGA, HEIRS OF DIEGO
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undertake development works, construction, installation, and all other activities on the
Leased Area, as part of the LESSEE’s operations.

7. SALE OF OR ENCUMBRACE ON THE LAND - The LESSOR shall not sell, dispose.
transfer, assign, donate, lease, mortgage or in any way encumber in favor of any third
party, the Land or any portion thereof, his/her ownership, title, or possession within the
duration of the lease contract or any extension thereof.

8. PRE-TERMINATION – Both parties are prohibited to pre- terminate this contract.


However, in case of suspension, cancellation or termination by the Department of Public
Works and Highways of the project mentioned above, the lessee may be allowed to pre
terminate without incurring liability provided, the LESSOR is notified in writing within a
reasonable time from notice of termination. In which case, the LESSOR shall allow the
LESSEE to stay and occupy the leased premises for another period of 30 days from the
written notice for purposes of demobilization;

9. EFFECTS OF TERMINATION - Upon the termination/expiration of this Lease, the


LESSEE shall not be liable/obligated to restore the Leased Area to its condition at the
time when it was first leased to the LESSEE.

9.1 The LESSEE reserves the right to dismantle and/or remove such
improvements on the leased premises.

10. TAXES - For the duration of this Lease or any renewal thereof, real property taxes, real
estate taxes, fees and other charges on the Land shall be borne and paid by the
LESSOR and other charge relative to the improvements on the Leased Area introduced
by the Lessee shall be borne and paid by the LESSOR.

11. PUBLIC UTILITIES - The LESSEE undertakes to pay corresponding monthly electricity
and water bills consumed within the leased premises.

12. BINDING EFFECT - Except as otherwise provided herein, this Lease shall be binding
upon and inure to the benefit of the parties herein and their respective heirs, successors
and assigns.

13. WARRANTIES/ UNDERTAKINGS - The LESSOR declares, represents and warrants


that the LESSOR is the true and absolute owner of the Land and shall maintain the
LESSEE in the peaceful undisturbed, unimpeded and continuous possession and use of
the Leased Area during the entire term of this Lease, including any renewal or extension
thereof.

14. VENUE OF ACTION - All suits, actions and proceedings between the parties under this
Contract, may be brought before the court of competent jurisdiction only in the City of
Davao.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
________________ at _____________________, Philippines.

HEIRS OF DIEGO AMATIAGA, namely: VICENTE T. LAO CONSTRUCTION


Lessor Lessee

ROGELIO S. AMATIAGA Represented by:

ERLINDA S. AMATIAGA JOEY Y. SUMILE


Project Manager

SALVADOR S. AMATIAGA
Contract of Lease (Demorok Bridge)
AMATIAGA, HEIRS OF DIEGO
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Signed in the presence of:

______________________ and ______________________

ACKNOWLEDGMENT
Republic of the Philippines )
__________________________ )S.s
x--------------------------------------------------x

BEFORE ME this ____________, at ____________________, Philippines, personally


appeared:

Names Proof of Identification

ROGELIO S. AMATIAGA _____________________________________

ERLINDA S. AMATIAGA _____________________________________

SALVADOR S. AMATIAGA _____________________________________

JOEY Y. SUMILE _____________________________________

known to me to be the same persons who executed/signed the foregoing document in my


presence, identified through their competent proofs of identity, the particulars of which are
above-cited, which bear their photographs and signatures, and they acknowledged under oath
to me under penalty of law, that the whole contents therein are true and that the same is their
free and voluntary act and deed.

WITNESS MY HAND AND SEAL.

Doc. No. ________;


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

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