You are on page 1of 9
CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF LEASE made and entered into in the QUEZON CITY, PHILIPPINES this 20" day of July, 2022, by and between: CORBRIDGE GROUP PHILS., INC, a domestic corporation duly organized and existing under the laws of the Philippines with principal address at SF Jafer Building 118 West Avenue Quezon City, represented herein by its Chairman and President, MR. GERMAN A, PANGHULAN, hereinafter referred to as the LESSOR; > and - ONE WEST REALTY CORPORATION doing business under the name and style of PENGLAI FINEST CHINESE CUISINE, a domestic corporation duly organized and existing under the laws of the Republic of the Philippines with principal address at 107 West Avenue, Bungad 1, ‘Quezon City presented by its Corporate Secretary, MR. ALLAN V. TUMAMAK, hereinafter referred to as the LESSEE. WITNESSETH: WHEREAS, the LESSOR is the absolute and registered owner of a commercial land and building located at 107 West Avenue, Bungad 1, Quezon City, hereafter referred collectively as the “Premises” WHEREAS, the LESSEE desires to lease the portion of the building premises consisting of 40 square meters, respectively and the LESSOR is willing to lease the same unto the LESSEE subject to the terms and conditions hereafter specified. NOW, THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants and stipulations hereinafter set forth, the LESSOR agrees to lease the Premises to the LESSEE, subject to the following terms and conditions: 1. OBJECT OF LEASE AND USE OF PREMISES: 1.1 The LESSEE shall use the premises exclusively for his business/commercial purposes and comply with all laws, ordinances, rules and regulations of duly constituted authorities and/or their accredited agents insofar as the occupancy and use thereof. ‘The LESSEE undertakes that he will not use the premises or any portion thereof for any illegal purposes or activities or for storage of combustible materials to avoid and/or prevent the occurrence of fire in the premises. Further the LESSEE agrees not to use firewood for purpose of cooking. 1.2 The LESSEE shall not make, permit or suffer to be committed upon the premises any disturbing noise(s) caused by himself and/or persons in his employ or under his control which, in the opinion of the LESSOR constitutes @ nuisance or which would interfere with the rights, comforts, and convenience of the occupants of the other units. 1.3 The LESSEE cannot assign or sublease the unit or any portion thereof without the written consent of the LESSOR first being obtained. Any breach of these conditions, as stated in 1.1 to 1.4 hereof, shall be ground for the automatic termination of this contract and eviction of the LESSEE from the unit. 1.4 The LESSOR guarantees the LESSEE’s peaceful occupation of the Unit and the ‘common areas of the Premises. 2. TERMS / RENTALS: 2.1 PERIOD: The lease shall be for a period of one (1) year commencing ‘August 1, 2022 and shall expire on July 31, 2023. The lease may be renewed under such terms and conditions as may then be mutually agreed upon by the parties; Provided that nothing herein shall be construed as imposing upon the LESSOR the obligation to renew the lease; Provided finally that should the LESSEE desire to renew the lease, written notice must be given by itto the LESSOR at least, sixty (60) days prior to the expiry date hereof. This lease shall not be deemed extended beyond the above-mentioned period unless a new contract had been executed prior to its expiration. In the absence of a new contract should the LESSEE continue to occupy the Unit beyond the stipulated period for any reason, the occupancy shall be unlawful and the LESSOR shall have the right to seek appropriate legal remedies; Provided that, for the duration of the LESSEE’s extended occupancy, the LESSOR shall have the right to collect the monthly rentals agreed upon plus penalty charges equivalent to fifty percent (50%) of said rental amount for each and every month of extension. Provided finally that, collection of the agreed rental(s) and penalty(ties) charges by the LESSOR shall not, in any way, be construed as a waiver of the LESSOR’s other remedies under this contract and/or under the law. 2.2 RENTAL AMOUNT: The agreed monthly rental is TWENTY-ONE THOUSAND FOUR HUNDRED PESOS ONLY (Php21,400.00) Philippine Currency. Said monthly rentals shall be payable on the 1" day of each and every month. Failure to make payment of any rental amount on the stipulated date shall make the LESSEE liable to penalty charges equivalent of ten (10%) percent of the amount due for every month or fraction thereof in delay, in addition to any amount(s) that are due as provided elsewhere in this agreement. ‘The above rental amount is inclusive of Value Added Tax (VAT) of twelve percent (12%) and net of Expanded Withholding Tax (EWT) of five percent (5%). PAYMENT OF RENTAL: The LESSEE shall pay the monthly rentals for one year of the Lease consisting of twelve (12) months thus: TWO HUNDRED FIFTY-SIX THOUSAND EIGHT HUNDRED PESOS (Php256,800.00) upon execution of this contract, through twelve (12) post-dated checks to be delivered by the LESSEE to the LESSOR. Failure to make payment of any rental amount within the stipulated time as aforestated or dishonor of any of the postdated checks upon presentment to the bank shall make the LESSEE liable to penalty charges of ten percent (10%) of the amount due for every month or fraction thereof in delay, in addition to any amount (3) that are due as provided elsewhere in this agreement. 2.3 SECURITY AND DAMAGES DEPOSIT — Upon execution of this agreement, the sum of Sixty Thousand Pesos ONLY (Php 60,000.00) as fixed, non-interest bearing deposit equivalent to 3 months rental shall answer for any and all damages suffered by the premises during the LESSEE’s occupancy including unpaid bills for electricity, water, telephone, and other utilities. It is however, understood that said deposit cannot be applied to payment of the agreed monthly rentals. Within sixty (60) days after expiration or termination of the lease, as the case maybe, the balance of said deposit if any will be refunded by the LESSOR to the LESSEE; Provided that the LESSEE shall vacated and surrendered possession of the Premises to the LESSOR. 2.4 PRETERMINATION OF CONTRACT Should the LESSEE desire to vacate the Premises prior to the expiry date of the lease, he shall give written notice to the LESSOR thereof at least sixty (60) days prior to the intended date. Failure to give such notice will result in forfeiture of the full fixed deposit as per par 2.3 hereof in favor of the LESSOR. In the event that a portion of said fixed deposit has been used for unpaid bills and utilities as above, then the LESSEE shall complete said three (3) months fixed deposit. Likewise, should the LESSOR have need for the Premises, it shall serve a written notice to the LESSEE to vacate at least sixty (60) days prior to the intended date. 3, _ RENOVATION AND/OR IMPROVEMENT OF PREMISES OF LEASE 3.1 The LESSEE shall submit a complete set of architectural, structural, electrical and sanitary plans duly signed and sealed, and other pertinent documents required by the nature and purpose of its business to the LESSOR and to LESSOR’S Architect for review and approval before the start of construction works at his ‘own expense only after receipt of the Architects and Lessors written approval of said plan and upon LESSEE’S guarantee that the strength and general structure of the building premises are not thereby impaired or otherwise adversely affected and provided that the other conditions of this contract are not thereby violated, ‘The LESSEE shall submit to the ARCHITECT and LESSOR a checklist enumerating all the electrical fixtures, appliances, equipment, facilities etc., which the LESSEE intends to use in the Premises. The LESSEE shall at al times, cooperate with the LESSOR’S agent representative during the LESSOR’S regular inspection of the LESSEE’S electrical load. Any violation of this provision shall make the LESSEE liable to the damages that may result directly or indirectly therefrom. 3.2 The LESSEE shall inform the ARCHITECT and the LESSOR in writing attached renovation plan/drawings for any changes, additions or alterations on the submitted approved renovation plan. All change orders or additional works shall be made only upon receipt of written approval from the ARCHITECT and the LESSOR. It is agreed upon that all such installations and improvements except the movable furniture and fixtures installed at the expense of the LESSEE and removable without defacing or damaging the unit shall remain upon and be surrendered with said unit as part hereof at the termination of the lease without ‘compensation or reimbursement to the LESSEE. The LESSOR reserves the right to refuse to allow the LESSEE to introduce alterations, additions or improvements thereon. 3.3 The LESSEE shall not make any alterations or changes in existing electrical or plumbing installations in the unit without the prior written consent and approval of plans by the ARCHITECT and the LESSOR. Any and all changes or alterations introduced on the Premises shall be for the exclusive account of the LESSEE and shall remain part of the Premises at the expiration of this contract without need of reimbursement from the LESSOR. To ensure compliance with the terms and conditions relative to the renovation/improvements of the LESSEE, the LESSEE is required to post a construction Bond in the amount of THIRTY THOUSAND PESOS (Php 30,000.00) which shall be applied to any damage of the Unit and/or the Premises that may suffer in the course of renovation/improvements. Said bond will be refunded to the LESSEE six (6) months after completion of works less cost of any damage suffered by Unit and/or Premises. 4, ALTERATIONS, INTALLATIONS, ADDITIONS & IMPROVEMENTS 4.1. The LESSOR guarantees the LESSEE’S peaceful occupancy of the Premises. ‘The LESSEE agrees, undertakes and obligates himself not introduce any improvements or make any alterations, installations, additions, and/or repairs in the premises without the prior knowledge and written consent of the LESSOR. All permanent improvements introduced, installed or constructed by the LESSEE con the Premises of portion(s) thereof shall inure to the benefit of and become part of the Premises and belong to the LESSOR without any obligations on the part of the LESSOR to compensate the former for the value thereof. However, decorative improvements which are not permanent in nature shall belong to and may be removed by the LESSEE if the same had been made at his expenses and if removal will not cause damage(s) to the Premises. ‘The LESSEE shall submit a complete set of architectural, structural, electrical, and sanitary plans duly signed and sealed, and other pertinent documents required by the nature and purpose of its business to the LESSOR and to LESSOR’S Architect for review and approval before the start of construction works at his own expense only after receipt of the ARCHITECTS and LESSORS written approval of said plan upon the LESSEES guarantee that the strength and general structure of the building premises are not thereby impaired or otherwise adversely affected and provided that the other conditions of this contract are not thereby violated. ‘All repairs and those connected with the utility services such as lights, water, gas, telephone, and other utilities shall be for the account and at the expense of the LESSEE and maybe undertaken at any time. 4.2. To ensure compliance with the terms and conditions relative to the alterations, installations, additions and improvement of the LESSEE, the LESSEE is required to post a construction Bond in the amount of THIRTY THOUSAND PESOS (Php 30,000.00) which shall be applied to any damage of the Unit and/or the Premises that may suffer in the course of renovation/improvements. Said bond will be refunded to the LESSEE six (6) months after completion of works less cost of any damage suffered by Unit and/or Premises. 5. ADVERTISING SIGNS AND MEDIA 5.1 The LESSEE is required to submit complete technical details of advertising signs and media to the LESSOR for review and approval. The LESSEE is not allowed to install any signage of signboard without written permission from the LESSOR. The LESSEE shall put up and maintain at its own expense the required business signs., its size, color and design which shall be reduced in writing and to be submitted to the LESSOR for approval and the same to be installed by LESSEE at designated place/s as maybe determined by the LESSOR upon commencement date of the LESSEE’s business. 5.2 The LESSEE shall not affix, hang or paint any notice, signage, streamer or any other advertising materials within or outside the Premises, much less conduct any promotional activities without written approval of the LESSOR. The LESSOR shall remove any such unauthorized signs or printed materials which may be within or outside the Premises in violation of this provision without incurring any criminal or civil liability or any liability for reimbursement of costs. ‘The LESSEE’S trade name set out in this contract shall not be changed without prior written notice and consent from the LESSOR. 6. CARE AND USE OF PREMISES: ‘The LESSEE agrees to comply with any and all laws, decrees, ordinances, and regulations arising from or regarding the use, occupancy, and sanitation of the premises. Further, the LESSES shall comply with and fulfill all public health requirements of both the national and local Governments and their various agencies applicable to base upon or ‘which arise from the use of the Premises by the LESSEE. ‘The LESSEE shall keep the premises clean and in sanitary and good condition upon expiration or termination of this agreement, the LESSEE shall surrender return and/or turn-over the Premises and fixtures to the LESSOR without need of demand The LESSEE shall be responsible for all repairs of the introduces on the Premises. provements he 7. CHARGES OF WATER AND PUBLIC UTILITIES: 7.1. The LESSEE shall pay all utility charges for water, telephone, electric, and such other services during the term of the lease. ‘The LESSEE shall share in expenses of the premises with respect to common area, utilities, security and administration cost, other fees and expenses. Municipal inspection fees, municipal licenses fees and other similar in connection with or relative to the operation of the business of the LESSEE shall be for its sole account. The LESSOR will pay the realty tax of the unit, land and Premises. 7.2. Upon expiration or termination of the lease, the LESSEE shall secure a certification or submit the pertinent Statement of Accounts for the electricity, telephone and water utilities to the LESSOR covering the last day of occupancy of the Premises and proof of payment thereof as condition for release of the balance of the security and damages deposit as per par.2.3 hereof. 8. STORAGE OF PHOHIBITED MATERIALS: 8.1. Itis expressly prohibited for the LESSEE to bring into or store in the Premises or its immediate vicinity, inflammable gas and liquid which might tend to increase the fire hazards as well as the fire insurance premium of the Premises. 8.2. The LESSEE, shall at all times for the duration of the lease, provide at least three (3) fire extinguishers in good and usable condition for the Premises. 9. INJURY, LOSSES AND DAMAGES: 9.1 The LESSOR shall not be liable to the LESSEE or to members of his family/household, employee(s), agent(s),customer(s),client(s) or guest(s) for any loss damage or injury occasioned by or arising from incidents due but not limited to plumbing, gas, electricity, water and/or other pipes, Installations or bursting, leaking or running of any cistern, water pipe tank, wash basin, waste pipe in or about the Premises or from an act or omission of the LESSEE members of his family/household and/or of his employee(s).The LESSEE hereby holds the LESSOR free and harmless from any and all damage resulting from the claims of 3" persons on accounts of such incidents and/or act{s) or omission(s).. 9.2. It is understood that when damage or liability caused by fortuitous events or acts of Gods such as typhoon, earthquake, etc., which are beyond the control of both the LESSOR and the LESSEE, neither party shall be liable to the other. 10. INSPECTION OF PREMISES: ‘The LESSOR on its authorized agents shall have the right to enter and inspect the Units at any time during reasonable hours of the day. 11, PARKING LOT “The LESSEE has no exclusive rights to use the parking spaces in front of the Premises which shall be on a “first come, first serve” basis. 12. EXPIRATION OR TERMINATION OF LEASE: 12.1 In the event of any violation of any provision of this agreement by the LESSEE ‘the LESSOR shall notify the LESSEE who shall immediately rectify the same within fifteen (15) days from receipt. Should the LESSEE fail to rectify the violation or to pay the rent herein stipulated in accordance with the terms and condition herein mentioned the LESSOR shall have the right to: (a) terminate the lease; (b) evict the LESSEE from the Premises;(c) collect and recover from the LESSEE all accrued rentals, penalty charges, damages and attorney's fees as provided elsewhere in this agreement. In the event that the LESSEE is unable to pay in full the amounts due the LESSOR shall have the right to retain all furniture, fixtures and equipment found in the premises belonging to the LESSEE, without need of a court order. 12.2 Upon expiration of this lease or in the event of its termination, the LESSEE shall promptly return and surrender the Premises to the LESSOR without need of demand or notice and devoid of all occupants, furniture, articles of any other those which LESSOR has right to retain under this agreement. 12.3 In the event that the LESSEE delays or defaults in the performance of its obligations under this agreement and the LESSOR is constrained to refer the matter to a lawyer for collection the former shall be liable to the latter for attorney's fees in an amount equivalent to twenty-five percent (25%) of the total ‘amount due but which amount shall inno case be less than Fifty Thousand Pesos (PhP 50,000.00). 12.4 The LESSEE shall hold the LESSOR blameless from any and all liability in respect to any and all claims made by any succeeding tenant against the lessor resulting from delay by the LESSEE in delivering possession of the premises and surrendering the same to the LESSOR. 12.5 Two (2) weeks prior to surrender of possession of the Premises to the LESSOR it may affix “FOR RENT” sign on Premises and show the same to prospective tenants during reasonable hours of the day. 13, DESTRUCTION OF OR DAMAGE TO THE PREMISES: 13.1 Destruction of or damage to the Premises structures and improvements on any part thereof, regardless of cause and fault, shall not result in the termination of this lease. The LESSEE shall continue to be liable to pay the agreed monthly rentals for the remaining period of lease and the LESSOR shall be entitled to other relief provided by and under existing laws. 13.2 It is understood that the LESSEE is under obligation to replace permanent improvements introduced by him on the Premises or portions thereof which are destroyed or damaged. To ensure compliance with this provision, the LESSEE shall insure said permanent improvements at replacement value with an insurance company acceptable to the LESSOR. 14, NO WAIVER BY TOLERANCE: Failure of the LESSOR to insist upon a strict performance of any of the terms conditions and covenants herein shall not it be construed as 2 waiver of any subsequent breach or default of the terms, conditions and covenants hereof, which terms, conditions and covenants shall continue to have full force and effect. No waiver by the LESSOR of any of its rights under this agreement shall be deemed to have been made unless expressed in writing and signed by the LESSOR or its duly authorized representative. Any amendment of this contract to be operative shall be in writing and state expressly that the parties intend that this contract be considered amended. 15, JUDICIAL RELIEF AND PENALTY: ‘Should the LESSOR be compelled to seek judicial relief against the LESSEE, the latter in addition to any amounts due and damages that may be awarded to the former shall pay an amount equivalent to twenty-five (25%) percent of the amount claimed in the complaint as and by way of attorney's fees but which, in no case shall be less than Fifty Thousand Pesos (PhP 50,000.00) aside from the cost of suit and other expenses which the law may entitle the LESSOR to recover the LESSEE. 16. SALE, TRANSFER OR MORTGAGE: 16.1 It is understood and the LESSEE acknowledgement that the LESSOR has the exclusive right to sell, encumber, mortgage or otherwise dispose of the Premises to any person or entity at anytime during the period of lease, 16.2 In the event that the LESSOR decides to sell the Premises its only obligation is to notify the LESSEE in writing al lease fifteen (15) days prior to consummation of the sale and ensure that the lease agreement is respected until its expiration. However, as a matter of courtesy and consideration the LESSEE shall be given a maximum period of sixty (60) days from the date of consummation of the sale or the expiration of this lease, whichever is longer, within which to vacate the Premises and surrender possession thereof to the new owner(s). 17. OTHER PROVISIONS: 17.1 All remedies granted to the LESSOR under this contract or elsewhere shall be as they are deemed cumulative. 17.2 Real estate taxes on the land as of time of execution of this agreement shall be borne and paid by the LESSOR. However, taxes presently levied on the improvements introduced by the LESSEE, any increase of or new taxes imposed ‘on said improvements, value added tax (vat) and all other taxes which may be imposed on this transaction/lease shall be for the exclusive account of and paid by the LESSEE. 17.3 This agreement is no-transferable and non-assignable. 17.4 The LEESEE agrees to abide by the existing rules and regulations promulgated by the LESSOR and those may be promulgated in the future. IN WITNESS WHEREOF, the parties have affixed their signature on this deed on the date and at the place first above written. CORBRIDGE GROUP PHILS., INC. ‘ONE WEST REALTY CORPORATION Lessor Lessee TIN 005-678-903-000 TIN 775-128-540-000 By: GERMAN. PANGHULAN Chain — Borst : ALLAN V. TUMAMAK Jand resident Corporate Secretary REPUBLIC OF THE PHILIPPINES ) Quezon City Iss BEFORE ME, a Notary Public for and in the Quezon City, Metro Manila Philippines personally appeared this __day. the following to wit: OCT 2.42077 Name TIN Place Issued GERMANA.PANGHULAN ——-142-158-495-000 Bureau of Internal Revenue ALLAN V. TUMAMAK 142-158-679-000 Bureau of Internal Revenue Known to me and to me known to be the same persons who executed the foregoing CONTRACT OF LEASE and acknowledged to me that the same is their free and voluntary act and deed and the entity represented, IN WITNESS WHEREOF, | have hereunto set my hand and affixed my notarial seal at the place and date first mentioned. Book No._ WIT. Series of 2022. ADM MATTER NO. 8 00, 69 WEST AVENUE BRGY.

You might also like