Professional Documents
Culture Documents
Province of Cavite
Municipality of Mendez- Nuñez
CONTRACT OF LEASE
AT THE 1st FLOOR WEST BUILDING
Mendez Public Market
WITNESSETH
1. That the SECOND PARTY agrees to lease in favor the FIRST PARTY the following:
UNIT No. ________ SECTION: __________ ________ SQUARE METERS
Building No. _________, WEST BUILDING - MENDEZ PUBLIC MARKET
2. Renovation and Improvement of the unit shall be on the account of the Lessee as per
LGU design and layout.
3. Monthly Lease Rental payable within the first 5 days of the month subject to late
payment interest rate of Three Percent (3%) per month.
IN WITNESS WHEREOF, the parties hereto affix their signature this __________ day of
_____________, 20___________ at Mendez-Nuñez, Cavite.
MUNICIPAL GOVERNMENT OF
MENDEZ
(Second Party)
By:
WITNESSES:
ACKNOWLEDGEMENT
This instrument, consisting of two (2) pages including this page on which
Acknowledgement is written; has been signed by the parties and their instrumental witnesses on
each and every page thereon, and sealed with my notarial seal.
This MARKET AWARD AGREEMENT is executed and entered into by and between:
-and-
The GRANTOR hereby grants in favor of the GRANTEE this MARKET AWARD,
subject to the following covenants, terms and conditions:
ii. The Market Award Fee shall be payable in full within the 1 st year of operation
upon signing of the lease agreement and may be increased by the Market
Committee for not more than 10 percent (10 %) at the end of each term. The
Grantee is given the privilege to pay the said fee for a Ten
Percent (10%) Discount shall they opt to pay within the first 3 months of
operation or a Five Percent (5%) Discount if within the first 6 month period.
The Market Award Fee is Non-refundable in case of termination, transfer, or
revocation of the Market Award, however, should the award holder decides/opts
to surrender his/her rights within the first two (2) years reckoned from the time of
consummation of the contract, he/she can still make a refund based on the
following:
1st 6 months - 80%
7 months to 1 year - 70%
After a year up to 2 years - 50%
The amount refundable shall only be affected in case the right to leasehold is
surrendered, however, the goodwill money deposited can only be claimed once
the stall that has been surrendered is already occupied by another lessee and the
goodwill money has been deposited with the Municipal Treasurer.
v. Maintenance Fee: Maintenance of the interior of the unit shall be on the account
of the Grantee. Repainting of the unit is required every three years of operation.
vi. Electric Charge: // Per consumption with sub-meter
vii. Water Charge: // Per consumption with meter
viii. Interest: Late payments of any fees or charges herein provided shall be subject to
payment of interest at the rate of three percent (3%) per month of the amount due.
4. MARKET AWARD TERM: TEN YEARS (10) renewable for the same period subject to
the provisions of the Revised Market Code or Renewal of Market Award, and the
applicable rules and regulations thereon.
5. PERSONAL ADMINSTRATION/NON-TRANSFERABILITY. The Grantee shall
personally administer and conduct his business and in case of corporation or partnership,
by its duly authorized representative. The Grantee shall not convey, transfer, assign,
mortgage, encumber, or in any manner dispose of this Market Award granted, or any of
the privileges therein granted, nor lease or sublease the whole part of the assigned unit.
6. ALTERATIONS AND IMPROVEMENTS. No alteration or improvement may be made
or introduced in the assigned unit without the prior written consent of the Grantor. In this
connection, the Grantee shall submit to the Grantor, for prior approval, all engineering,
architectural and other plans for the proposed alterations or improvements.
7. INSPECTION OF UNITS. The Grantor, through the MPM administrator or any of its
authorized representatives, may conduct inspection at reasonable hour of the day, of the
assigned unit.
8. PROHIBITIONS. The Grantee is prohibited to do the following acts:
i. To use the assigned unit for dwelling and/or sleeping quarters more than the
allowed two (2) tenants;
ii. Gambling, drinking, or taking any kind of liquor or any intoxicating substance or
working while intoxicated, in the assigned unit or in any part of the market
premises;
iii. To bring into, keep, store, and/or use within the assigned unit, pets, animals,
flammable and explosive materials, any contraband, illegal drugs, materials and
equipment causing obnoxious odor or noise, lighted candles during brown outs,
gas fueled appliances, except in the canteen area;
iv. Use the assigned unit for businesses other than the nature of business as indicated
herein;
v. Other analogous acts or any act that may be prohibited by the other provisions of
this agreement, the Revised Market Code and the market rules and regulations,
existing or those that may be adopted from time to time.
9. LOSS AND DAMAGE OF MERCHANDISE. The Grantee shall be responsible at all
times for the safety and security of all his belongings and merchandise within the
assigned unit. The Grantor shall not be liable, in any case, for the loss or damage of any
merchandise or belongings of the Grantee, by reason of theft, robbery or any similar acts,
or by reason of any force majeure or fortuitous event, or by any other reason.
10. PRE TERMINATION. The Grantee may be pre-terminating this agreement by serving
the Grantor a 30-day prior written notice. Refund of Market Award Fee shall be in
accordance with the conditions provided above.
11. REVOCATION. Upon an administrative complaint or charge filed before it by the MPM
Administrator, and after notice and hearing, the Market Committee, may warn, impose
reasonable penalties, suspend or revoke the Market Award and this agreement, on the
following grounds:
i. Non-payment of the rental fees, maintenance fees or the Utility charges for a
period of ninety (90) days;
ii. Commission of any of the prohibited acts provided herein;
iii. Abandonment of assigned unit for a period of sixty (60) days or failure to
commence or continue business for the same period; and
iv. Violation of any of the terms and conditions of this agreement, any of the
provisions of the Revised Market Code, market rules and regulations, existing and
those adopted from time to time.
In case of revocation on the above grounds, the Market Award Fee paid by
the Grantee shall be forfeited in favor of the Grantor.
In case of death of a partner, dissolution of the corporation, or death of the
individual Grantee the Market Award is automatically revoked unless there
is an application for transfer filed by the heirs of the grantee within a period
of 30 days upon the death of the original grantee.
12. TERMINATION. Upon the lapse of the term of this Agreement, there being no renewal
granted, this agreement is automatically terminated and the Grantee shall immediately
vacate the assigned unit space.
13. REFUSAL TO VACATE. In case of termination or revocation, should the Grantee refuse
to vacate, the Grantor or its authorized agents may refuse entry to the former, padlock the
assigned until or demolish or remove the unit, and/or remove the merchandise and other
belongings therein and store the same in warehouse or any storage area. The Grantee may
reclaim such goods, except where the Grantor exercises its right of retention until any
outstanding obligation of the former is fully paid. In this connection the Grantee hereby
authorizes and appoints the Grantor or his duly authorized agents, as Attorney-in-fact, to
sell such goods in public auction and apply the proceeds thereof, in payment of such
unpaid obligation, and to return any balance to the former.
14. RENEWAL. Should the Grantee intend to renew his Market Award and this agreement;
he shall file an application for Market Award Renewal before the Market Committee, at
least sixty (60) days prior to the termination of this agreement. After due deliberations,
the Market Committee may deny or grant renewal, after considering the record of the
Grantee on his compliance with the market rules and regulations, the provisions of the
Revised Market Code and this agreement.
15. NATURE OF THIS AGREEMENT. This agreement and the Market Award granted
herein do not create any leasehold relationship between the parties herein and the Grantor
does not convey or surrender in favor of the Grantee, the right of possession or any real
rights, over the assigned unit. As a mere grant of privilege, the same may be revoked on
any of the grounds herein provided, and thereafter Grantee may be ejected form or denied
entry into, his assigned unit, without need of any court order.
Should the above mentioned unit be leased to me in accordance with the Market
Rules and Regulations, I promise to hold the same under the following conditions:
1. That while I am occupying the unit, I shall at all times have my picture and
that of my helper/s conveniently framed and hung up conspicuously inside the
unit.
2. That I shall keep the unit at all times in good sanitary condition and comply
with all sanitary and market rules and regulations now existing or which may
hereafter be promulgated.
3. That I shall pay the corresponding rent for the unit in the manner prescribed
by existing ordinances.
4. That the business to be conducted in the unit shall belong exclusively to me.
5. That in case I engage helpers, I shall nevertheless personally conduct my
business and be present at the unit. I shall promptly notify the market
authorities of my absence, giving my reason therefor. That I shall not sell or
transfer my privilege to the unit or otherwise permit another person to conduct
business therein.
6. That I shall not sell or transfer my privilege to the unit or otherwise permit
another person to conduct business therein.
7. That any violation on my part or on the part of my helpers of the foregoing
conditions shall be sufficient cause for the market authorities to cancel this
contract.
______________________________
Applicant
IN WITNESS WHEREOF, the parties hereto affix their signature this __________ day of
_____________, 20___________ at Mendez-Nuñez, Cavite.
By:
WITNESSES:
ACKNOWLEDGEMENT
This instrument, consisting of two (5) pages including this page on which
Acknowledgement is written; has been signed by the parties and their instrumental witnesses on
each and every page thereon, and sealed with my notarial seal.