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This CONTRACT OF LEASE, made and entered into this ____ day of June,
2014, at , Philippines, by and between;
-and-
WITNESSETH:
WHEREAS, the LESSOR is the owner in fee simple of a parcel of land described
in Transfer Certificate of Title No. 060-2014004760 hereafter referred to as “the land”,
situated in the Barrio of Salo , Municipality of Cabuyao , Province of Laguna with an
aggregate area of TWO HUNDRED SIXTY SIX (266) SQUARE METERS, more
or less and more particularly described below as follows:
WHEREAS, the LESSEE has intimated unto the LESSOR its desire to lease the
aforementioned parcel of the land.
WHEREAS, the LESSOR has graciously accepted the offer of the LESSEE to lease
the subject parcel of the land.
The LESSEE hereby accepts this lease subject to the following terms, covenants,
conditions and restrictions:
1. TERM – The term of the lease for the Leased Premises shall be fifteen (15)
years from the time of the LESSEE’S occupancy of the same. Subject to the approval of
the LESSOR, the LESSEE may renew the lease for another fifteen (15) years by giving
written notice to LESSOR of its intention to renew at least One Hundred Twenty (120)
days before the expiration of the original term of the lease .
2. RENT – The rent for the Leased Premises shall be FORTY THOUSAND
PESOS ONLY (Php 40,000.00), per month. Withholding tax shall be for the account of
the LESSOR.
For the payment of the rental under this Contract, the following provisions shall
apply:
2.1. There shall be an incremental increase of the rental rate per month which
shall commence on the third (3rd) year which shall be by Five (5%) percent per
annum.
2.2. There shall be paid in advance rental payment equivalent to Four (4)
months, or in the total sum of ONE HUNDRED SIXTY THOUNSAND PESOS
(Php 160,000.00), payable upon signing of this Contract.
2.4 The rent shall be paid to the LESSOR at his residence or in any place as
may be agreed upon by the parties.
2.5. The rent shall be subject to the mandatory withholding tax which shall be for
the account of the LESSOR.
3.1. A payment made by the LESSEE to the LESSOR shall first apply to the
preceding interest charges, if any and thence to all arrearages in the amount herein
provided to be paid by the LESSEE before it is applied to the current rental.
(a)To deliver the Leased Premises to the LESSEE in such conditions as to render
them fit for the uses and purposes for which they are intended;
(b) To maintain the LESSEE in the peaceful and adequate enjoyment of the
Leased Premises for the entire duration of the lease Contract and any renewal term
without any disturbance from the LESSOR or from any person claiming through the
LESSOR;
(c) To allow access to the LESSEE, its employees and agents to enter upon the
Leased Premises at reasonable times for the conduct of its business;
(a) To pay the water consumption, gas, telephone service, electricity and other
public services or utilities;
(b) To maintain, at its own expense, the Leased Premises in a clean and sanitary
condition, free from obnoxious odors, disturbing noises, or other nuisances;
(c) To return and/or surrender the Leased Premises, including the building
thereon unto the LESSOR, upon the expiration of the Leased Contract or the pre-
termination of the same, in good condition as they were found at the beginning of the
lease, ordinary wear and tear expected. Provided, however, that all removable fixtures
and improvements introduced by the LESSEE into the Leased Premises shall remain to
be the exclusive property of the LESSEE and can be removed by it after the expiration
of the term of the lease or cancellation of the same .
6. TAXES – The LESSOR shall pay all the taxes, fees and assessments due or
imposable on the Leased Premises including, but not limited to real estate taxes
imposed or assessed thereon by the proper government authority.
The LESSEE however, shall pay all the taxes, fees and assessments due on the
machineries and equipment introduced, erected and/or installed by the LESSEE, as well
as on the business or activities carried on or conducted by it, on the Leased Premises.
9. RENT- FREE- The LESSOR agreed that the LESSEE shall not be made to
pay rent during the construction of the building for FOUR months from the signing
of this contract. After the lapse of Four (4) months either the construction of the
building is completed or not the LESSEE shall pay its monthly rental obligation to
the LESSOR . Provided however, that should the LESSEE completed the construction
of the building and able to operate its business before the four (4) months , it shall
start to pay its monthly rental thereon, whichever comes first.
11. SALE OF LEASED PREMISES – it is hereby agreed and understood that the
LESSOR has the absolute right to sell, dispose, assign, exchange, mortgage or otherwise
alienate the subject Leased Premises during the term of this Lease Contract. In
exercising the aforesaid right, the LESSOR is to notify the LESSEE in writing of such
intention of the subject Leased Premises, within sixty (60) days prior to such an
intention or the date of such disposition. The LESSEE shall have the right of first
refusal.
15. BREACH OF CONTRACT – Should the LESSEE fail to pay the rentals as
herein provided or fail or neglect to perform or observe any agreement, covenant or
condition herein provided, or should the LESSEE caused deliberate damage to the
Leased Premises, the LESSOR shall forthwith give notice to the LESSEE of the
occurrence of such default or breach giving the LESSEE a period of fifteen (15) days
from receipt of said notice to correct the breach. If after the lapse of the said period no
corrective actions taken, then the LESSOR shall have the option to terminate this
Contract without prejudice to the exercise of any and all rights of the LESSOR arising
from this contract and those provided by law.
17. COSTS OF SUIT – The LESSEE agrees that if the LESSOR is involuntarily
made a party defendant to any litigation concerning this lease to the leased premises or
the premises of which the leased premises are a part by reason of any act or omission of
the LESSEE, the LESSEE shall hold harmless the LESSOR from all liability by reason
thereof including reasonable attorney’s fees incurred by the LESSOR in such litigation
and all taxable court costs. If legal action shall be brought by either of the parties hereto
for the unlawful detainer of the premises, for the recovery of any rent due under the
provision of this lease, or because of the breach of any term, covenant or provision
hereof, the party prevailing in said action shall be entitled to recover costs of suit and a
reasonable attorney’s fees which shall be fixed by the court from the party not
prevailing.
18. NOTICE – It is agreed between the parties hereto that any notice required
hereunder or by law to be served upon either of the parties shall be in writing and shall
be delivered personally upon the other or sent by registered mail, postage prepaid,
addressed to the principal office address of the LESSEE, and to the place where rental is
paid as provided in Par. 2 hereof, in the instance of the LESSOR, or to such other
address as may be from time to time furnished in writing by the LESSOR to the LESSEE
or by the LESSEE to the LESSOR, each of the parties hereto waiving personal or any
other service than as in this article provided for. Notice by registered mail shall be
deemed to be communicated after five (5) fays from receipt of registry notice.
19. REGISTRATION OF LEASE – The parties hereto agree that at the expense of
the LESSEE, this lease shall be registered with the office of the proper Register of Deeds.
In the event of sale, transfer or disposition of the Leased Premises, the LESSOR shall
guarantee and warrants to have the transferee respect and abide by the terms and
conditions of this contract. The LESSEE shall bear the cost of documentary stamps and
registration costs.
22. BINDING EFFECT – This agreement shall be binding upon, and inure to the
benefit of the parties and their successor and assigns.
IN WITNESS WHEREOF, the premises hereto have subscribed their names and
executed this lease on the day and year first hereinabove written.
LESSOR LESSEE
___________________________ ______________________________
1.
2.
All known to me and to me known the same persons who executed the
foregoing instrument and acknowledged to me that the same is an act of their free will
and deed .
This documents consists of (____ pages including this page wherein this
acknowledgement is written.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
NOTARY PUBLIC