» CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS :
O 2p
This Contract of Lease, made and executed in Caloocan citythis_! ° ay of
September 2015 by and between:
MANILA CENTRAL UNIVERSITY, a private educational institution duly organized and
ing under the laws of the Republic of the Philippines with office address at Manila Central
sity, Epifanio Delos Santos Avenue (EDSA), Caloocan City, represented by its President,
Dr. ARISTOTLE T. MALABANAN. Here in referred to as the LESSOR,
exis
-and-
BENEFRANCO PROPERTY LEASING, a private company ,duly organized and existing under
the laws of the Republic of the Philippines with business address at 3129 Bagong Panahon St.
Sta Mesa Manila, represented by MARIE LOURDES M. GARCIA, 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 described in and covered by Transfer
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 ONE HUNDRED NINETY-EIGHT (198) square
meters more or less, herein attached as Exhibit “ A“ under the terms and conditions hereunder
set forth;
WHEREAS, the LESSEE has proposed to lease the aforesaid portion of the parcel of land
and the building developments therein for use in commercial purposes;
NOW, THEREFORE for and in consideration of the foregoing premises and their
covenants and premises, the LESSOR hereby agrees to lease the demise unto the LESSEE and
the LESSE hereby accepts in lease the aforementioned premises subject to the terms and
conditions hereinafter set forth:
< 1, TERM — The lease shalll be for a term of one year commencing after signing of this
Contract or from September 15, 2015 to September 16, 2016.
2. RENTAL ~The LESSE hereby agree to pay the LESSOR a fee of SEVENTY NINE THOUSAND.
THREE HUNDRED PESOS (Php 79,300.00) within the first ten (10) days of each calendar
month at the LESSOR’s Office at MCU, Caloocan City.
3. RENEWAL RENTAL ESCALATION RATE- The LESSE agrees that there will be a rental
escalation rate of 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 LESSE 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 LESSE 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 LESSE shall automatically be transferred to the LESSOR.
4, ADVANCE RENTALS — The LESSE hereby agrees to pay the LESSOR upon signing of this
Contract the sum of SEVENTY NINE THOUSAND THREE HUNDRED PESOS (Php 79,300.00)
representing one month Security Deposit and ONE HUNDRED FIFTY EIGHT THOUSAND.
‘SIX HUNDRED PESOS (Php 158,600.00) representing two months Advance Rental
Payments for the leased premises.
CONSTRUCTION OF THE BUILDING, IMPROVEENT, 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 driveway 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
LESSE. Unless the lease is extended upon mutual agreement between the parties, the LESSE
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 to the
LESSOR. The LESSEE can make such improvements, additions and installation on the leased
premises as maybe necessary for the LESSSEE’s purpose.
6. USE OF THE PREMISES — The leased premises shall be used by the LESSEE for legitimate
commercial purpose.
7. ASSIGNMENT/SUBL-LEASE OF PREMISES — The LESSEE has the right to assign LESSEE’s
interest and obligations under this Lease or sub-lease the premises or any portion
thereof without the consent of the LESSOR; provided said leased area will strictly
utilized for similar use only as provided in item (5) hereof.
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
tenants or other associates.
. 8. 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 LESSE 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
) 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 building preventing 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 in no case be more than ninety (90) days, and the
Lease shall be extended for the same period of repair and reconstruction.
9. AFFIRMATIVE COVENANTS — The LESSEE undertakes to confine the drainage-system
within the leased premises and so directly connected to the City road drainage system.
The LESSE shall likewise have, the wall of the leased premises fronting the Botanical
Garden of the LESSOR painted; and, on best effort basis, shall make provisions for
perimeter lighting at the wall of the leased premises for the benefit of the LESSOR.
10. NEGATIVE COVENANT ~ The LESSE shall not construct/build a toilet within the leased
premises.
11. SIGN AND LOGO — The LESSEE shall have the right to install its sign and logo on any part
of the leased premises without any obligation to pay additional rental.
12. FACILITIES — All charges for water, electricity, telephone and other public utilities used in
the leased premises as well as janitorial services, shall be for the account of the LESSE.
13. WARRANTY ~ The LESSOR warrants LESSE’s peaceful and continuos possession of the
leased premises during the entire life of this 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 lien; and hereby
agrees to indemnify and save harmless the LESSEE against any claims for damages,
compensation or otherwise by any person or entity.
114. 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 shall restitute to the LESSE the
expropriated area by replacing the affected premises with another portion of the above-
described parcel of land acceptable to the LESSEE. In any event the LESSOR shall allow
the suspension of the rental payments due under the term of the Lease shall
correspondingly be extended for the same period consume in the reconstruction.
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
ing out such expropriation proceedings, without prejudice to whatever recourse the
LESSEE may have against the expropriating entity on account of damage done or caused to.
its properties.
15. BINDING EFFECT — This lease shall be binding not only between the parties hereto but
also upon their respective successors and assigns. The LESSOR expressly agrees that in
case the property is to be sold, the LESSOR grants and gives to the LESSEE the right and
‘option, any time while this Lease is in effect, to purchase the said property at the same
price offered to a legitimate third party. In the event the LESSEE does not purchase the
property, the LESSOR shall make the necessary provisions to the end that the new
‘owner shall recognize and respect this Lease. oy16. ANNOTATION OF LEASE ~ The LESSE may, if it so desires require the annotation of its
rights under this Contract on the appropriate certificate of title and registration of this
Lease with the appropriate Register of Deeds and all expenses thereto shall be for the
account of the LESSEE.
17. VENUE-All actions under this Lease are to be instituted at the proper court of Caloocan,
to the exclusion of allothers.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on this_ day
of 2015.
BENEFRANCO PROPERTY LEASING MANILA CENTRAL UNIVERSITY
BY By
MARIE LOURDES M. GARCIA OR. Sy MALABANAN
EE LESSOR
IRAACKNOWLEDMENT
REPUBLIC OF THE PHILIPPINES)
)
BEFORE ME, a Notary Public in and for Metro
Manila, on this day of, 2015, personally appeared the following:
NOV ozo
CTC No. Date/Place Issued
DR.ARISTOTLE T. MALABANAN 1G 044 2015] Cakotan City
MARIE LOURDES M. GARCIA (214 4311 Wfjx | Caleecan, Oy
Known to me 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 consist of five (5) pages including this page including this page of which the
Acknowledgment is written and their instrumental witness on each and every page.
WITNESS MY HAND AND SEAL on the date at the place first mentioned hereit
ly
Doc. No.
Page No.
Book No,
Series of,
SF Vargas Bkig. #103 Kalayaan Ave, Diiman Quez.
gas Big. ve., Dilan Quezon CityDEPARTMENT OF
PHILIPPINES,
This certifies that
BENEFRANCO PROPERTY LEASING
(Barangay)
BARANGAY 84, CALOOCAN CITY, NCR, THIRD DISTRICT, NATIONAL CAPITAL REGION
(NCR)
8 a business name registered in this office pursuant to the provisions of Act 3883, as amended by
Act 4147 and Republic Act No. 863, and in compliance with the applicable rules and regulations
prescribed by the Department of Trade and industry.
This certificate issued to
MARIE LOURDES MENDOZA GARCIA
3129 BAGONG PANAHON ST., STA. MESA NCR, CITY OF MANILA, FIRST DISTRICT,
NATIONAL CAPITAL REGION (NCR)
is valid from 28 July 2015 to 28 July 2020 subject to continuing
compliance with the above-mentioned laws and all applicable laws of the Philippines,
unless voluntarily cancelled.
In testimony whereof, | hereby sign this
Business? Mencate. Of stration
. and issue the same on this 28th day of July 2015 in the Philippines.
oi nok CoeilKeo
Secretary
Certificate No. 03657759
This certificate is not a license to engage in any kind of business and valid only
at the scope indicated herein.
sumentary Stamp Tax Paid PhP 15,00 TRN 6913285,