Republic of the.
Philippines
CITY OF SANTA ROSA
Province of Laguna
OFFICE OF THE SANGGUNIANG PANLUNGSOD
EXCERPT FROM THE MINUTES OF THE 34TH REGULAR SESSION OF SANGGUNIANG PANLUNGSOD OF
CITY OF SANTA ROSA, LAGUNA HELD ON TUESDAY, AUGUST 22, 2017 AT KING BEE RESTAURANT,
BARANGAY DON JOSE, CITY OF SANTA ROSA, LAGUNA.
Presents:
1. Hon. ARNOLD B. ARCILLAS - City Vice-Mayor, Presiding Officer
2. Hon. ROY M. GONZALES - SP Member
3. Hon. INA CLARIZA B. CARTAGENA - SP Member
4. Hon. SONIA U. ALGABRE - SP Member
5. Hon. RODRIGO B. MALAPITAN - SP Member
6. Hon. MARIEL C. CENDANA - SP Member
7. Hon. JOSE JOEL L. MLA - SP Member
8. Hon. WILFREDO A. CASTRO - SP Member
9. Hon. ANTONIO M. TUZON, Jr. - SP Member
10.Hon. ARTURO M. TIONGCO - SP Member
11.Hon. ERIC T. PUZON - SP Member
12.Hon. OSCAR G. ONG-IKO - SP Member, ABC President
*** ******* ******* ***
RESOLUTION NO. 134-2017
(Sponsored by Hon. ROY M. GONZALES and seconded
by Hon. JOSE JOEL L. MLA)
A RESOLUTION AUTHORIZING THE LOCAL CHIEF EXECUTIVE DANILO RAMON S. FERNANDEZ IN
BEHALF OF THE CITY GOVERNMENT SANTA ROSA, LAGUNA TO SIGN THE CONTRACT OF LEASE
BETWEEN THE WAREHOUSE CORPORATE PARK CORPORATION FOR THE RENTAL OF A WAREHOUSE
LOCATED AT BARANGAY MALITLIT, CITY OF SANTA ROSA, LAGUNA, SUBJECT TO ALL LEGAL
PROCUREMENT, RULES AND REGULATIONS.
WHEREAS, the Warehouse Corporate Park Corporation is the owner of parcel of land located at Barangay
Malitlit, City of Santa Rosa, Laguna, with an area of 960 sq. m. and covered by TCT No.
324758/324759/324760/324761 of the Register of Deeds of Laguna, together with all improvements thereon;
WHEREAS, the City Government of Santa Rosa has offered to lease a portion of the above-mentioned
property about 960 square meters together with its improvements thereon consisting of one warehouse;
WHEREAS, the Sangguniang Panlungsod of the City of Santa Rosa, Laguna, through its Sangguniang
Panlungsod Resolution, has fully authorized the City Mayor Danilo Ramon S. Fernandez to execute, sign and deliver
this Contract of Lease with Warehouse Corporate Park Corporation;
NOW THEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED BY THE SANGGUNIANG
PANLUNGSOD OF SANTA ROSA, LAGUNA BY VIRTUE OF THE POWERS VESTED IN IT BY LAW IN SESSION
ASSEMBLED, a resolution authorizing the City Mayor Danilo Ramon S. Fernandez in behalf of the City Government to
sign the Contract of Lease between the Warehouse Corporate Park Corporation for the rental of the warehouse
located at Barangay Malitlit, City of Santa Rosa, Laguna, subject to all procurement laws, rules and regulations.
UNANIMOUSLY APPROVED.
CERTIFICATION:
I hereby certify to the correctness of the above quoted resolution.
C T(4.
Atty:-I ALi3JADO
Secretary to the Sang. Pa lungsod
A OLD . ARCIL S
City Vice-Mayor
MAGILAS NA PAMAMAHALA, PARA SA MASIGLANG SANTA ROSA
5/F City Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna — (049) 530-0015 local 5100 to 5104
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Lease, made and entered into this day of , by and
between:
WAREHOUSE CORPORATE PARK CORPORATION, a
corporation duly organized and existing under and by
virtue of the laws of the Republic of the Philippines, with
postal address at Barangay Malitlit, City of Santa Rosa,
Laguna, Philippines herein represented in this act by its
Corporate Secretary/Treasurer, VIRGINIA E. VERGARA,
hereinafter referred to as the "LESSOR"
-and-
,
CITY GOVERNMENT OF SANTA ROSA, LAGUNA with
offices at 2nd Floor , Government Center, J.P. Rizal Blvd.,
City of Santa Rosa, Laguna, represented herein by its City
Mayor, DANILO RAMON S. FERNANDEZ and hereinafter
to as the "LESSEE".
WITNESSETH:
WHEREAS, The LESSOR is the owner of parcel of land located at Barangay
Malitlit, City of Santa Rosa, Laguna, with an area of 960 sq.m., and covered by TCT No.
324758/324759/324760/324761 of the Register of Deeds of Laguna, together with all
its improvements thereon;
WHEREAS, the LESSEE has offered to lease a portion of the above-mentioned
property about 960 square meters together with its improvements thereon consisting
of one warehouse;
WHEREAS, the Sanggunian Panlunsod of the City of Santa Rosa, Laguna, through
its SP Resolution #- has fully authorized the Honorable Mayor, Danilo Ramon S.
Fernandez to execute, sign and deliver this Contract of Lease with Warehouse Corporate
Park Corporation;
NOW, THEREFORE, for and in consideration of the foregoing premises and the
mutual covenants and stipulations hereinafter contained, the LESSOR hereby lease unto
the LESSEE and the latter hereby accepts from the former, the aforesaid leased premises,
subject to the following terms and conditions;
•
1. LEASED PERIOD - The terms of this lease shall be for a period of one and
half (1.5 ) month from November 16, 2017 to December 31, 2017,. renewable upon.
mutual agreement of the LESSOR and the LESSEE.
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2. RENT - The LESSEE shall pay the LESSOR, a monthly rental of Ninety Six
Thousand plus the additional the twelve. ( I 2%) per cent Value Added Tax (VAT) or the
total of One Hundred Seven Thousand Five Hundred Twenty Pesos. The LESSOR shall
issue a monthly billing statement account to the LESSEE for the payment processing of
the said monthly rental.
3. TERMS OF PAYMENT - Upon signing of this Contract, the LESSEE shall
pay the following:
a) An advance rental equivalent to one ( I) month rental plus 12 %
VAT less 5% withholding of final VAT and 2% withholding of
income tax or the amount of One Hundred Thousand Eight
Hundred Pesos (Php 100,800.00)Philippine Currency
A rental deposit equivalent to three (3) months or the amount of
Two Hundred Eighty- Eight (Php288,000.00) Philippines
Currency, to answer for any of its obligations under this contract,
subject to be returned without interest sixty (60) days after the.
termination/expiration of this lease, less whatever amount which
LESSEE might then be owing to the LESSOR.
4. ESCALATION RATE - The Annual Escalation in the rental fee shall be
mutually discussed and agreed upon by the parties during the renewal of this lease
contract.
5. USE OF LEASED PREMISES - LESSEE shall use the leased premises solely
fOr warehousing and repacking and storage of various goods as presented herein, and
shall not divert the premises to other use without the prior written consent of the
LESSOR.
6. MAINTENANCE OF LEASED PREMISES - LESSEE shall maintain the
cleanliness and sanitation of premises, free from anxious odors, disturbing noises, or
other nuisances, and upon the expiration of the lease, shall surrender and return the
premises and fixtures in as good condition as they were found at the beginning of the
lease, ordinary wear and tear expected. Likewise LESSEE shall not undertake any vehicle
repair maintenance in the area, as well as avoid dumping of waste materials, oils, grease,
and discarded items.
7. IMPROVEMENTS - LESSEE may introduce improvements to the leased
premises upon prior written consent of the LESSOR, and the same shall become part of
the property of the LESSOR upon expiration/termination of this contract, without
compensation to the LESSEE.
8. SECURITY - LESSEE shall provide security on the leased premises for the
upkeep of its facilities installed therein, and LESSOR shall not be responsible for any loss
or damage caused by any third party on the units or equipment being packed In the
leased premises.
Page I2 .
9. SAFETY - LESSEE shall not bring or store in the leased premises anything
of a highly inflammable nature, explosives or prohibited materials/chemical/supplies
which are not required or related to its business operations, or expose the leased
premises to fire and other hazardous nature.
10. COMPUANCE WITH RULES & REGULATIONS - LESSEE shall comply with
any and all reasonable rules and safety regulations which may be promulgated from
time to time by LESSOR or the Administrator of the premises, and with all the rules,
regulations, ordinances, and laws made by the health or other duly constituted
authorities of the City or Provincial Government arising from or regarding the use,
occupancy and sanitation of the leased premises, provided such Lessor or Administrator
rules do not restrict LESSEE in smoothly operating its business.
11. INSPECTION - LESSOR or its authorized representatives shall have the
right to enter the leased premises at specified reasonable time of any business day, to
examine the same or make repairs, or for any purpose which it may deem necessary for
the maintenance of the premises, and during the last three months of the lease to exhibit
the leased premises to prospective tenants and/or to put up lease sign.
12. SUB-LEASE. - LESSEE shall not assign or transfer his right in this contract
nor sublet all or any part of the leased premises without the prior written consent of
LESSOR, and no right, title or interest thereto or therein shall be conferred on or vested
in anyone other than LESSEE without such written consent.
13. INDEMNITY - LESSEE shall indemnify and hold harmless LESSOR against
all actions, suits, damages, and claims of whomsoever may be brought or made by
reason of the non-observance or non-performance of the said rules, regulations,
ordinances or laws or of any of the covenants of this contract without prejudice to the
right of LESSOR to cancel this lease in accordance with penal provisions herein provided.
14. UTILITIES/SERVICES - LESSEE shall secure and pay for its own public
utilities or services such as electricity, water, telephone, security services, and other
services related to its operations. Lessee shall be billed in quarterly basis for the
maintenance of an area such as janitorial services, electricity of perimeter areas, in the
amount of four thousand eight hundred thirty eight 40/100 inclusive of 12% VAT;
15. PRE-TERMINATION - In case LESSEE decides to vacate the leased
premises before the expiration of this contract for any reasonable cause, LESSEE shall
give notice to this effect to LESSOR at least two (2) months before the former shall
actually vacate the leased premises. In the event the LESSEE shall abandon or deposit
shall be forfeited in favor of LESSOR.
16. DEFAULT OR BREACH - LESSEE agrees that all the covenants and
agreements herein contained shall be deemed conditions as well as covenants and that
if default or breach be made of any such covenant and condition, then this lease at the
discretion of LESSOR, may be terminated and cancelled forthwith and LESSE shall be
liable for any and all damages, mutual and consequential, resulting from such default
and termination.
Page 13
17. JUDICIAL RELIEF - Should LESSOR be compelled to seek judicial relief
against LESSEE, the latter shall in addition to the damages mentioned herein, pay an
amount equivalent to 25% of the amount claimed in the complaint, as attorneys fee
aside from litigation and other expenses which the law may entitle LESSOR to recover
from LESSEE.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly
executed this day of at the City of Sta. Rosa, Laguna, Philippines.
WAREHOUSE CORPORATE PARK CORP.
Lessor
Represented By:
VIRGINIA E. VERGARA
CITY GOVERNMENT OF SANTA ROSA, LAGUNA
Lessee
Represented By:
HON. DANILO RAMON S. FERNANDEZ
City Mayor
SIGNED IN THE PRESENCE OF:
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES
PROVINCE OF LAGUNA S.S.
CITY OF SANTA ROSA
BEFORE ME, a Notary Public for and in City of Santa Rosa, Laguna, Philippines,
this day of_ she appeared to me personally, exhibiting her, to wit:
Name Gov't ID/Place Issued
Mayor Danilo Ramon S. Fernandez
Virginia E. Vergara
known to me and to me known to be the same persons who executed the foregoing
Agreement consisting of three (3) pages including the one on which this
acknowledgment is written, and they acknowledged the same to be their free and
voluntary act and deed.
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WITNESS MY HAND AND SEAL, on the date and at the place first above-written.
Doc. No.: :
Page No.: •
Book No.:
Series of 2017.
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