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DRAFT CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Lease made and executed by:

BT SANTIAGUEL PROPERTY HOLDINGS CORP., existing, and


operating under and in accordance with the laws of the Republic
of the Philippines, with principal address at 08 Monique St. Villa
Cristina., Pamplona Tres Las Piñas, represented by NESTOR A.
SANTIAGUEL, hereinafter referred to as “LESSOR”

- and -

MOTION -FIT-PH FITNESS CENTER . Represented by ISIAH


TEEM ALONZO PARTOSA of legal age,married, Filipino, and a
resident of 17 PALMDRIVE ST. REMAVILLE SUBD.
PAMPLONA DOS, LAS PIÑAS CITY hereinafter referred to as
“LESSEE”;

W I T N E S S E T H:

WHEREAS, the LESSOR has agreed to lease unto the LESSEE Unit ALBANG
ZAPOTE ROAD. Pamplona 111, Las Piñas City of the above said commercial units and the
LESSEE has agreed to accept, as it hereby accepts under lease the above-mentioned
premises;

NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants
herein contained, LESSOR has let and by these presents does hereby let and lease unto the
LESSEE the aforesaid property, and the LESSEE hereby accepts the same by way of lease,
subject to the following terms and conditions:
:
That the LEASED PREMISES shall be used and utilized exclusively for MOTION-FIT-PH
FITNESS CENTER only by the LESSEE . It is hereby expressly agreed that if at any time the leased
premises are used for other purposes , the LESSOR shall have the right to rescind this contract without
prejudice to its other rights under the law. MOREOVER no person shall be authorized to live and occupy
the premises after office hours except with written consent of the LESSOR.

1. TERM - The lease of said unit shall be for a period of two (2) years commencing on OCTOBER
18, 2023 up to OCTOBER 17, 2024. This lease may be renewed for another period under terms
and conditions mutually acceptable to both parties.

2. RENTAL - The parties herein agree that the monthly rental of the LEASED PREMISES shall be F
FORTY SIX THOUSAND PESOS (P46,000.00), Upon signing of this Contract,the LESSEE shall
pay the LESSOR, the amount of be ONE HUNDRED THIRTY EIGHT THOUSAND PESOS
(P138,000.00) - representing two (2) months deposit. Rentals for the succeeding month shall be
paid on a monthly basis which will be payable every 1st day of the month without necessity of
demand or notice. There will be an escalation of rentals equivalent to Five Percent (5%) for
every succeeding year of the lease.

YEAR RENTAL VAT EWT PAYABLE TO LESSOR


AMOUNT
1 46,000.00 5,520.00 2,300.00 49,220.00
In this connection, the parties have agreed as follows:

(a) The foregoing agreement shall strictly be complied with by the LESSEE. In case
of delay in the payment of monthly rentals, the LESSEE shall be given a grace
period of five (5) days within which to fully pay the monthly rentals. Provided that
in case the LESSEE fails to pay within said grace period, for whatever reason,
the latter shall pay a penalty in the amount equivalent to three percent (3%) of
the amount due for every month of delay until the same is fully paid, without need
of formal demand on the part of the LESSOR.

(b) Any check/checks issued by the LESSEE which is/are not honored by the bank
shall be replaced with cash only.

(c) That if the LESSEE pre-terminate this contract, the whole Security Deposit shall
be forfeited in favor of the LESSOR, and, as well as for any and all damages,
actual or consequential, resulting from such default and termination, which shall
become immediately due and demandable.

3. RENEWAL - In the event of contract renewal, the LESSEE shall inform the LESSOR at least two
(2) months prior to the expiration of contract which will be subject to the following conditions.

3.1 The new lease contract and rental payment thereof shall be executed one (1) month prior to
the expiration of this Contract.

4 SECURITY DEPOSIT - Upon execution of the Contract of Lease, the LESSOR acknowledges
that the LESSEE paid an amount of NINETY TWO THOUSAND PESOS (92,000.00) as security
deposit which is equivalent to Two (2) months and shall be held without interest by the LESSOR
to serve as guarantee for the faithful performance by the LESSEE of its obligations under this
Contract, to answer for any unpaid bills for water, electricity, telephone, or other charges or
damages to the LEASED PREMISES, except ordinary wear and tear, and shall be refunded to
the LESSEE by the LESSOR within NINETY (90) days which will start on date of turnover and
acceptance of the LEASED PREMISES by the LESSOR. In the event the actual unpaid billing
exceeds the Security Deposit or when the Security Deposit has already been released by the
LESSOR to the LESSEE, the LESSEE is still obligated to pay the said billing charges within five
(5) days from receipt of notice. Otherwise, the LESSEE shall be charge three (3%) percent
interest per month on the amount due as penalty until the full payment thereof.

4.1 The Security Deposit shall not, during the lease period or any extension or renewal thereof,
be used to offset rentals or other payments.

4.2 The LESSEE shall at all times maintain the deposit at an amount equivalent to two (2) month-
rent. If during the lease period or any damage to the LEASED PREMISES, or due to rental
increases as provided herein, the LESSEE shall, within five (5) days from demand, remit the
amount necessary to settle the said obligations.

4.3 The LESSEE shall issue a company letter of guarantee to the LESSOR committing to pay
any unpaid bills incurred during the lease period and after the release of the Security Deposit
caused by oversight/error/delay in billing by service utility company.

4.4 The LESSOR reserves the right to apply any balance left in the Security Deposit after
payment of the utility bills and other charges for LESSEE’s account shall be applied by the
LESSOR to the penalty/ liquidated damages, if any.

5. APPLICATION OF PAYMENTS - It is hereby agreed that the monthly rentals shall have
priority over utilities and other charges in the application of payments made by the LESSEE.

6. WATER, ELECTRIC CURRENT AND OTHER UTILITIES - All expenses for water, electric
current, telecommunications, deposit, association dues and other services shall be for the
account of the LESSEE. Application for telephone line/s and payment of monthly billings shall be
the responsibility and account of the LESSEE. LESSEE is obligated to notify UTILITIES/LESSOR
before the expiration/termination of lease contract and commit the same or settle all unpaid
billing/charges before vacating the Leased Premises.
7. FIXED IMPROVEMENT - The LESSEE shall not make any major structural changes,
alterations, or improvements in the LEASED PREMISES without the prior written consent of
the LESSOR. However, any approved major changes, alterations or improvements made or
introduced by the LESSEE in the LEASED PREMISES which are permanent in character, or
which cannot be removed without causing damage to the LEASED PREMISES, shall, upon
termination of this Contract, automatically inure to the benefit of the LEASED PREMISES
and shall become the property of the LESSOR without any obligation on the LESSOR to pay
or refund its value or cost to the LESSEE or at the option of the LESSOR, may require the
LESSEE to dismantle/remove the said improvements to restore the premises in its original
condition. The cost of demolition and restoration work shall be for the account of the LESSEE.

7.1 DESIGNS - The LESSEE shall submit the designs and layout of any changes,
renovation/alterations or improvements on the unit for the review and approval of the
LESSOR.

7.2 COMPANY LOGO & SIGNAGES-The LESSEE’S SIGNAGES must be in compliance with
the LESSORS’ required or prescribed size only which is (Tarpaulin)

a. H 2 ft x 8 ft

b. H 1ft & 6 ½ inches x W 3ft & 5 ½ inches

c. H 1ft & 6 ½ inches x W 3ft & 5 ¾ inches

d. H 2ft & 1 ½ inches x W 3 ft & ¼ inches

7.3 LICENSE/PERMIT - All required government permits, licenses or other fees in the
renovation works and use of the LEASED PREMISES shall be the responsibility and
account of the LESSEE. The LESSOR shall have the right to inspect the renovation work
during and after its completion to ensure strict compliance of Construction Guidelines.

7.4 All taxes on the improvements subject matter of the lease shall be for the account of the
LESSEE;

8. UNRESERVED PARKING- ALL TENANTS AND TENANTS’ CUSTOMERS can park anywhere
within the building‘s car parking area on a “FIRST COME FIRST-SERVED” BASIS.

9. MAINTENANCE, SANITATION AND REPAIRS - The LESSEE shall keep the LEASED
PREMISES in clean and sanitary condition at all times. The LESSEE warrants that he has
inspected the LEASED PREMISES and found the same in good and tenantable condition.

10. FIRE HAZARD AND OBNOXIOUS SUBSTANCE - The LESSEE shall not keep, deposit or store
in the LEASED PREMISES any obnoxious or inflammable material or substance that might
constitute a fire hazard or a nuisance. The LESSEE shall likewise be responsible for providing
the fire extinguishers.

11. THIRD PARTY LIABILITY AND OTHER RESPONSIBILITIES - The LESSEE during his
occupancy of the LEASED PREMISES shall hold the LESSOR free from any claim of loss,
damage or responsibility to any third party person arising out or as a consequence of the use of
the LEASED PREMISES by the LESSEE, helpers and guests. In case of damage, whether to
person or property, caused by the negligence or fault of the LESSEE, the LESSEE commits to
pay/ reimburse the person/entity injured or prejudiced thereby, which payment includes the costs
of suit and attorney’s fees.

12. INSPECTION OF PREMISES - The LESSOR reserves the right, at reasonable times and with
advance notice to the LESSEE, to enter and inspect the premises in the presence of the
LESSEE’s representative. In case of repairs of the LEASED PREMISES, the same shall be done
by prior arrangement with the LESSEE.

13. HOURS OF OPERATIONS - Lessee and all persons employed and occupying the leased
premises under her authority will carry on its business diligently and continuously and will keep
the premises open for business from 8:00 AM to 8:00 PM each day, seven (7) days per week.
In the event that the Lessee desires to change her required hours of operation, or shall need
additional working hours for overtime work , Lessee should seek written permission from the
Lessor before it implements the change or amendment in her operating or working hours.
14. PRE-TERMINATION - Should the LESSEE for whatever reason decide to terminate this
Contract at any time prior to its expiration, the LESSEE shall pay the amount equivalent to two
(2) months rent as penalty and liquidated damages.

In payment of penalty/liquidated damages, the LESSOR shall have the right to apply the
following:

a. Forfeit the prepaid rent, equivalent to two (2) months rentals, so advanced by the
LESSEE.

b. After deductions of unpaid bills and damages to leased premises, any excess amount
from the Security Deposit shall be applied to the penalty and other liabilities of the
LESSEE to the LESSOR.In the event the prepaid rent and/or excess of Security Deposit
is insufficient to pay for the penalty, liquidated damages and other liabilities of the
LESSEE to the LESSOR, the LESSEE shall within five (5) days from receipt of notice,
shall pay the amount due without further delay.

15. RETURN OF THE LEASED PREMISES - Upon the expiration of the lease period or any
extension/renewal thereof, or upon the termination of this Contract as herein provided, the
LESSEE shall immediately and peacefully return to the LESSOR the possession of the LEASED
PREMISES in as good, clean and tenantable condition as when the LESSEE first received it from
the LESSOR, save reasonable and ordinary wear and tear. Cost for cleaning shall be for the
LESSEE’s account. Thirty (30) days prior to the expiration, termination or expiration of this
Contract, the LESSOR may show the LEASED PREMISES to prospective tenants at reasonable
hours and with at least two (2) days advance notice to the LESSEE. If the LEASED PREMISES
are not surrendered at the expiration of the lease period or any extension or renewal thereof, or
upon the termination of this Contract, the LESSEE shall be responsible to the LESSOR for
any and all damages which the LESSOR may suffer by any reason thereof, and indemnify the
LESSOR against any and all claims made by the succeeding tenant against the LESSOR
resulting from the failure of the LESSEE to surrender the LEASED PREMISES to the LESSOR on
time. If the LESSEE holds over the LEASED PREMISES notwithstanding the expiration,
termination or cancellation of this Contract without the written consent of the LESSOR as above
stipulated, and/or should the LESSEE continue occupying the LEASED PREMISES against the
will of the LESSOR, the LESSEE shall be liable for and shall pay the LESSOR, by way of
liquidated damages and penalty for such occupancy and unauthorized use, an amount equivalent
to two (2) times the monthly rentals stipulated herein for each month of occupancy or a fraction
thereof. Further, the payment by the LESSEE of such liquidated damages shall not be considered
as payment for rentals nor shall it be construed to extend or renew this Contract. In either case,
the LESSOR does not in any manner lose its right to eject the LESSEE from the LEASED
PREMISES.

16. DEFAULT - The LESSEE shall be deemed in default within the meaning of this Contract in any
of the following instances:

a. The LESSEE fails to fully pay the rent and/ or issue required PDC on time, or the utility
charges stated in paragraph 6 hereof, or any other financial obligation of the LESSEE
stipulated herein.

b. The LESSEE vacates the lease premises without prior notice or consent of the LESSOR
before the expiration of this Contract.

c. The LESSEE violates any of the terms and conditions hereof and such violation persists
or remains unremedied despite of notice.

17. CONSEQUENCES OF DEFAULT - Upon the occurrence of any events of default as set forth in
the preceding number, the LESSOR shall, in addition to the other remedies as may be prescribed
by law, have the following rights:

17.1. To terminate this Contract without the need of any prior notice, demand or judicial
declaration and apply the following:

a) Charge three (3%) percent per month as penalty on the amount due until full
payment thereof ;

b) Forfeit the Security Deposit equivalent to two (2) months rent as penalty and liquidated
damages.
17.2 To immediately eject the LESSEE and repossess the LEASED PREMISES without the
necessity of instituting any judicial action. In this connection, the LESSEE hereby grants
unto the LESSOR full power and authority to take possession of the LEASED PREMISES
and to do such acts as may be necessary to take possession, including but not limited to,
entering the LEASED PREMISES in any manner feasible, barring the LESSEE or any of its
employees or representatives from entering the LEASED PREMISES, padlocking the
same, cutting off all utilities and services, and such other steps designed to enable the
LESSOR to effectively repossess the LEASED PREMISES.

17.3 To demand and receive from the LESSEE payment for any and all unpaid rentals, utility
charges, and other financial obligations stipulated in or arising out of this Contract and
charges set forth in paragraph 2 hereof, corresponding to the unexpired portion of the
lease period or any extension/renewal thereof.

17.4 To take possession of, and sell at public or private sale, any and all properties of the
LESSEE found in the LEASED PREMISES and to apply the proceeds thereof in payment
of any unpaid accounts of the LESSEE. For this purpose, the LESSEE hereby appoints the
LESSOR as the LESSEE’s special attorney-in-fact with full authority and power to sell
or dispose of any and all properties under the custody of the LESSOR for such
amounts or prices which the LESSOR may deem reasonable under the circumstances,
and the proceeds thereof shall be applied as partial and/or full payment of the obligations
of the LESSEE under this Contract, as the case may be. It is understood, however, that if
the proceeds of the sale of all said properties shall have satisfied the LESSEE’s
obligations, the LESSOR shall turn over to the LESSEE the unsold properties.

18. VIOLATION OF TERMS AND CONDITIONS - Any violation by the LESSEE of the terms and
conditions provided for in this Contract shall be a sufficient ground for the termination of this
Contract of Lease by the LESSOR. Further, in case of such breach, the LESSEE shall be liable
to the LESSOR for all actual and consequential damages incurred, including Attorney’s Fees,
which amount shall not be lower than SEVENTY THOUSAND PESOS (P70, 000.00).
19. NON-WAIVER - Failure or delay by the LESSOR to enforce or demand strict performance by
the LESSEE of any stipulation or condition of this Contract shall not affect the validity hereof, nor
shall such be construed as abandonment, withdrawal, waiver or cancellation of such stipulation,
condition, right or option, or of the right of the LESSOR to subsequently enforce or demand
performance of such provisions.

20. ASSIGNMENT/SUB-LEASE - LESSEE cannot sub-lease and/or assign its leasehold rights or
interest in the leased premises to any third party.

21. MISCELLANEOUS PROVISIONS:

21.1. INVALIDITY- If any term or provision of this lease or the application thereof to any person or
circumstances shall, to any extent, be invalid or unenforceable, the remainder of this lease or
the application of such term or provision to person whose circumstances other than those as
to which it is held invalid or unenforceable, shall not be affected thereby.

21.2. SUCCESSORS- The terms, conditions and covenants of this lease shall be binding upon
and shall inure to the benefit of each of the parties hereto, their heirs, personal
representatives, successors or assigns, and shall run with the land; and where more than
one party shall be LESSOR under this lease, the word LESSOR as used herein shall be
deemed to include all parties hereto jointly and severally.

21.3. WRITING- No waivers, alterations or modifications of this lease or any agreements in


connections therewith shall be valid unless in writing duly executed by both LESSOR and
LESSEE.

21.4. VENUE- Any actions or claims in connection with or arising from this Contract shall only be
instituted in any competent courts of Las Piñas City to the exclusion of other courts.

The LESSEE certify that he has fully read and understood the provisions in this Contract and
translated by his legal counsel in a language with which the LESSEE is familiar.
IN WITNESS WHEREOF, the parties hereto have signed on the date and at the place first above
written.

BT SANTIAGUEL PROPERTY HOLDINGS CORP. MOTION -FIT-PH FITNESS CENTER

Represented By: Represented By:

NESTOR A. SANTIAGUEL ISIAH TEEM ALONZO PARTOSA

LESSOR LESSEE

Signed In The Presence Of:


_________________________ & _________________________

Community Tax Certificate No.


Name or TIN No. Date/Place of Issue
1. Nestor A. Santiaguel CTC No.06872613 01/12/2023/ Las Piñas City
2. Isiah Teem Alonzo Patrosa

REPUBLIC OF THE PHILIPPINES }


_____________ } S.S.

BEFORE ME, a Notary Public for and in _________________, this _____ day of
_________________________,2022, personally appeared:

known to me and to me known to be the same persons who executed the foregoing instrument and each
of them had acknowledge to me that they executed the same freely and voluntarily for the use and
purposes therein stated.

The foregoing Lease Contract refers to a lease of the premises specifically described and
designated on page one thereof and consisting of six (6) pages including this page duly signed by the
parties and their two instrumental witnesses thereof on all pages.

WITNESS MY HAND AND SEAL at the place and on the date first above-mentioned.

Notary Public

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2022.

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