Contract of Lease-2
Contract of Lease-2
Contract of Lease-2
-and-
WHEREAS, the LESSOR is the registered owner of the premise situated at 361A
Tandang Sora, Ave., Brgy. Culiat, Quezon City, below described:
1. SUBJECT OF LEASE.
3. RENEWAL. Within thirty (30) days prior to the expiration of this contract of lease,
the LESSEE will make a formal notice of its intention to renew the lease with the
LESSOR for another year and for such any or all other terms and conditions as
may then be mutually agreed upon.
4. LEASE RATE. The lease rate is TWENTY SIX THOUSAND PESOS ONLY
(PHP 26,000) per month inclusive of all government required fees and taxes, to
be paid on or before the tenth (10 th) day of the succeeding month upon
presentation of a billing or notice for payment.
5. DEPOSIT. Upon signing of this contract, the LESSEE shall deposit the sum of
SEVENTY EIGHT THOUSAND PESOS (PHP 78,000.00), equivalent to three (3)
months deposit. This deposit rental shall pay for unpaid electric bills, telephone,
water and other utility bills in case the LESSEE fail to settle the said utilities bills.
The deposit shall be returned to the LESSEE without interest within ten (10) days
at the end of the terms being no renewal being entered into by the parties, less
expenses for the repair of the premises, if any;
6. USE OF PREMISES. The leased area shall be used by the LESSEE for office
and as area of operation, where several equipment specified in the ANNEX A will
be placed, and shall not be converted into another use without prior authority
from the LESSOR. The use of the premises shall be subject to the uniformly
applicable building rules and regulations which the LESSOR may subsequently
provide to all lessees and/or occupants with the objective of safeguarding their
persons and personalities, the common safety and welfare; At no instance shall
the LESSEE use the premises for gambling including mahjong, and other forms
of gambling which is penalized under existing laws and ordinances.
8. UTILITIES. The subject area will be provided with electric power and facilities,
lights, lighting fixtures and other lighting supplies. All electric bills for the power
used by the LESSEE shall be paid by it. The LESSEE may avail of the electrician
and handyman provided for by the LESSOR for any subsequent alterations,
addition or further improvements on the leased premises.
a. The LESSOR shall see to it that the premises are rendered in tenable
condition. The LESSOR shall maintain its compliance with the standard
set forth by various government agencies regulating establishments and
facilities of health and food products. The LESSOR shall or on its own
volition, and/or upon request of the LESSEE, conduct regular pest control
service of the leased premises.
b. The LESSEE hereby agrees to keep the leased premises in clean, good
and sanitary condition at all times in accordance with quality standards of
the building;
c. The LESSEE shall surrender and return the premises and fixtures in good
condition as they were actually found at the beginning of the lease, except
the effects of ordinary wear and tear; The LESSEE shall notify the
LESSOR in writing on all damages and deterioration on the leased
premises or on any portion thereof within five (5) days from the date of
knowledge thereof;
e. The LESSEE shall, have the right to take out from the building at anytime
of the day, any of its furniture, machine or any type of equipment and
accessories of any kind, provided that a prior notice shall have been given
to the LESSOR or his representative.
h. The LESSOR ensure that only authorized personnel of the LESSEE shall
come near the equipment mentioned in ANNEX A.
i. The LESSOR shall undertake all major and extraordinary repairs on the
leased premises at its own expense. In the event that the leased premises
cannot be utilized during the period of repaid, the LESSOR grants a
moratorium or waiver of rental payment for such period.
j. The LESSOR warrants that the LESSEE shall have the peaceful
possession of the leased premises for the duration of the term agreed
upon except when the disturbance is caused by natural calamities or acts
outside LESSOR’S control.
12. TRANSFER OF RIGHTS. The LESSEE shall not directly or indirectly assign,
transfer or encumber his rights in this contract nor sublease or subtle all or any
part of the leased premises, without the prior written consent of the LESSOR,
and no right or interest shall be conferred upon anyone by virtue of such
unauthorized transfer;
13. LIABILITY FOR INJURY, LOSS OR DAMAGE. The LESSEE hereby assumes
full responsibility for any injury or damages arising but not of this fault or
negligence that may cause to the person, or property of third persons and further
binds himself to hold the LESSOR free and harmless from any claims for such
injury or damage is due to the gross negligence of the LESSOR.
14. VIOLATION. A violation by one of the parties of any of the terms and conditions
set forth herein result as a right or basis for the termination of this contract. In
such event, the aggrieved party will make a formal notice to terminate and shall
endeavor to amicably or extra-judicially settle the termination.
15. TERMINATION
a. This contract of lease shall end on the terminal date agreed upon there by
the parties;
d. In case the termination occurs due to the expiration of the lease contract
and no renewal or extension is agreed upon, the LESSEE shall peacefully
vacate the leased premises and return the same in condition it was first
entered into, except for the effects of ordinary wear and tear. A moving out
period of maximum of three (3) months but not less than sixty (60) days
from the termination of the contract shall be allowed by the LESSOR
without rental charge. Damage or injury to the leased premises caused by
the removal or articles or improvements by the LESSEE shall be allowed
by the LESSOR, without cost/expenses to the former.
Within ten (10) calendar days after the leased premises are vacated, the
deposit constituted shall be returned by the LESSOR to the LESSEE
without need of demand.
16. LITIGATION AND VENUE. In the event judicial relief against the guilty party is
filed before the regular courts, for the enforcement of the terms and conditions in
the contract, the guilty party, in addition to any other damages that may be
awarded by the court, agrees to pay twenty five (25%) of the amount claimed but
in no case be less than Twenty Thousand Pesos (P20,000.00) in the
Metropolitan Trial Court, the Attorney’s fees shall be no less than P30,000.00
and an additional sum of P50,000.00 if the case is elevated to the Court of
Appeals or the Supreme Court, aside from the costs and expenses of litigation
and other forms of damages, actual or consequential, to which the innocent party
may be entitled by law. The parties agree the venue of court action is in the
proper courts of Quezon City.
17. ARBITRATION. Any monetary claim arising out of or relating to this Agreement,
or any breach thereof shall be submitted to binding arbitration with the Philippine
Dispute Resolution Center, Inc.
IN WITNESS WHEREOF, the parties hereto have signed this contract on this ___ day
of October 2012 at City of Quezon, Philippines
LESSOR LESSEE
by: by:
___________________ ______________________