CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
‘This Contract of Lease, made and executed in Caloocan City this day of
2020 by and between:
MANILA CENTRAL UNIVERSITY, a private educational institution duly organized
and existing under the laws of the Republic ofthe Philippines with office address at Manila
Central University, Epifanio Delos Santos Avenue (EDSA), Caloocan City, represented by its
resident, MRS. LUNINGNING T, ESTANISLAO, herein referred to as the LESSOR,
-and -
MANILA CENTRAL UNIVERSITY - FILEMON D. TANCHOCO MEDICAL FOUNDATION,
INC, a corporation duly organized and existing under and by virtue of the laws of the
Republic of the Philippines, with business address Manila Central University, Epifanio
Feaae santos Avenue (EDSA), Caloocan City, represented by its Administrator MRS.
PURIFICACION M. ECHIVERRI, herein referred to as the LESSEE,
WITNESSETH THAT
WHEREAS, the LESSOR is the registered owner of one (1) parcel of land situated in
Caloocan City along Epifanio Delos Santos Avenue (EDSA) described in and covered by
‘Tranefer Certificate of Title No, 9362 issued by the Register of Deeds of Caloocan City duly
registered under the name of Manila Central University with an area of SEVENTY FIVE
THOUSAND FIVE HUNDRED FIVE HUNDRED FIFTY THREE (75,553) SQUARE METERS,
more or less.
WHEREAS, the LESSOR has agreed to lease to the LESSEE a portion of the
aforementioned parcel of land with a total area of FIVE THOUSAND FOUR HUNDRED
SEVENTY (5,470) SQUARE METERS, more or less, under the terms and conditions
hereunder set forth;
WHEREAS, the LESSEE has proposed to lease the aforesaid portion of the parcel of,
iad and the building developments therein for use in healthcare services, education and
offices;
NOW, THEREFORE for and in consideration of the foregoing premises and their
covenants and premises, the LESSOR hereby agrees to lease to the LESSEE and the LESSEE
hereby accepts to lease the aforementioned premises subject to the terms and conditions
hereinafter set forth:
1. TERM - The lease shall be for a term of five (5)
ive (5) years con i i
contract or from July 1, 2019 up to June 30, 2024. nee ae2. RENTAL FEE - The LESSEE hereby agree to pay the LESSOR a fee of THREE HUNDRED
FIFTEEN THOUSAND PESOS (P315,000.00) within the first ten (10) days of each
calendar month at the LESSOR’s Cashier at MCU EDSA, Caloocan City.
3, RENEWAL RENTAL ESCALATION RATE - The LESSEE agrees that there is a rental
escalation rate of FIVE PERCENT (5%) during renewal negotiation, starting with the
rental rate abovementioned,
This stipulated monthly rental shall not be subject to any further adjustment or
escalation for any reason whatsoever during the term of this Lease.
‘The LESSEE shall be held liable for any delay in remittance of monthly rentals at the
rate of 0.05 % per day of delay.
In the event that the LESSEE fails to remit the monthly rentals for three (3)
consecutive months, the Contract of Lease is hereby terminated and absolute ownership of
whatever developments done by the LESSEE shall automatically be transferred to the
LESSOR,
4. CONSTRUCTION OF THE BUILDING, IMPROVEMENT, ADDITIONS AND INSTALLATIONS
IN THE LEASED PREMISES - The LESSEE may construct improvements on the leased
premises made of strong materials based on the design, plans and specifications by the
LESSEE to be presented and approved by the LESSOR and shall be limited to the area so
assigned by the LESSOR, and shall not in any manner encroach upon, extend to, or block
the existing structures, driveways and the like, of the LESSOR.
Upon termination or expiration of the lease, absolute ownership of the building shall
automatically be transferred to the LESSOR without need of further act on the part of the
LESSEE. Unless the lease is extended upon mutual agreement between the parties, the
LESSEE shall have option to remove all improvements or additions provided that no
substantial damage is caused to the building and premises. Permanent improvements
which cannot be removed, without causing substantial damage to the premises shall belong
tothe LESSOR. The LESSEE can make such improvements, additions and installation on the
leased premises as maybe necessary for the LESSEE’s purpose.
5. USE OF THE PREMISES - The leased premises, i.e. as of this contract the MCU-FDTMF
Hospital, Annex Building and Anatomy Building, shall be used by the LESSEE only for
legitimate healthcare services, education and offices purposes.
6. ASSIGNMENT / SUB-LEASE OF PREMISES - The LESSEE may assign the LESSEE's
interest and obligations under this Lease or sub-lease the premises or any portion
thereof with the written consent of the LESSOR and provided that said leased area will
be strictly utilized for similar use only as mentioned in Item 6.
‘At the end of this contract or if by any reason this contract is terminated, the
LESSOR cannot be held liable for any agreement or related transaction between the LESSEE
and its associates.
7. ‘TAXES AND INSURANCE - For the entire duration of this lease, the LESSOR shall pay the
real property taxes on the land and other government assignments on the parcel of land
subject thereof due to the national government, its subdivisions, or instrumentalities.
Should the LESSOR fail to do so, the LESSEE may, but without obligation to do so, pay
the same and all amounts so paid shall be deducted from the monthly rentals or
reimbursed to the LESSEE at the LESSEE’s option with the interest at the maximum rate
allowable under the law.The LESSEE, on the other hand, shall pay the property tax on the building for the
entire term of the lease.
In case of fire or damage of the buildings preventing the full occupancy thereof, the
lease shall be deemed suspended and no rentals shall be paid during the period of
reconstruction or repair which suspension of rentals shall be more than ninety (90) days,
and the lease shall be extended for the same period of repair and reconstruction.
8. WASTE DISPOSAL AND DRAINAGE - The LESSEE ensures that they will segregate all
the wastes they generate from operations and dispose of these properly in accordance
with the LESSOR'S policies and procedures, The LESSEE undertakes to confine the
drainage-system within the leased premises and directly connected to the City road
drainage system.
9. SIGNS, LOGO AND ANNOUNCEMENTS ON BILLBOARDS - The LESSEE may install signs,
logo and messages on LESSOR assigned areas of the leased premises without any
obligation to pay additional fees for as long as these have the written approval of the
LESSOR.
10. FACILITIES - All water, electricity, telephone and other utilities charges used in the
leased including janitorial services shall be in the account of the LESSEE.
11. WARRANTY- The LESSOR warrants LESSEE’s peaceful and continuous possession of the
leased premises during the entire lease or any extension thereof.
The LESSOR further warrants that the parcel of land described in the First and
Second Whereas Clause hereof is free and clear of any liens, encumbrances and adverse
claims of whatever kind and nature, including among other heir’s or creditor's liens; and
hereby agrees to indemnify and save harmless the LESSEE against any claims for damages,
compensation or otherwise by any person or entity.
12. EXPROPRIATION - In the event that expropriation proceedings are instituted during
the period of this lease by any instrumentality of the government or by any other entity
with authority to exercise such power, the LESSOR and the LESSEE shall discuss and
agree on what is best for both parties.
However, in case the leased premises become no longer useful for the purpose of
this lease because of the expropriation, the LESSEE may rescind the contract upon giving
the LESSOR thirty (30) days previous written notice thereof. In such event, the LESSEE
relieves and releases the LESSOR from any and all liability under this contract in
connection with or arising out of such expropriation proceedings, without prejudice to
whatever recourse the LESSEE may have against the expropriating entity on account of
damage done or caused to it or its properties.
All actions under this lease are to be instituted at the proper court of Caloocan, to
the exclusion of all others.IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on this
__dayof = gaa
MANILA CENTRAL UNIVERSITY MCU - FDT MEDICAL FOUNDATION, INC.
by by
MRS. LUNINGNING T. ESTANISLAO ‘MRS. PURIFICACION M. ECHIVERRI
LESSOR LESSEE,
SIGNED IN THE PRESENCE OF
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINE:
aus 2
BEFORE ME, a Notary Public in and for
__day of 2020, personally appeared the following:
Metro Manila, on this
CTC No. Date/Place Issued
MRS, LUNINGNING T. ESTANISLAO
MRS. PURIFICACION M. ECHIVERRI
Known to me to be the same persons who executed the foregoing Contract of Lease which
acknowledged to me that the same is free and voluntary act and deed,
‘This instrument consists of four (4) pages including this page including this page of which
the Acknowledgement is written and their instrumental witness on each and every page.
WITNESS MY HAND AND SEAL on the date and at the place first mentioned herein,
NOTARY PUBLIC
Book No.
Series of.