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 rightto 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 berefunded 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 SecretaryREPUBLIC 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.