CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Lease made and executed by and between;
____________________________________ duly organized and
existing under the laws of the Republic of the
Philippines with office address at
____________________________ represented herein by its
legal representative ________________________, duly
authorized thereof, hereinafter referred to as the
“LESSOR”;
- and -
RAYMOND L. REGALA, of legal age and residing at 813
Waling Waling Street, Bliss Townhomes, Barangay Hulo,
Mandaluyong City, hereinafter referred to as the
“LESSEE”.
WITNESSETH:
WHEREAS, the LESSOR is the true and lawful owner and operator of a
parking space with a roof designated as parking lot number 3 located at the
Bliss Townhomes Basketball court, Mandaluyong City Philippines, herein after
referred to as the “Leased Premises”.
WHEREAS, the LESSEE is desirous to lease above described parking lot
from the LESSOR for the LESSEE’S Mitsubishi Lancer GT 2.0 bearing license
plate ZGY 182;
NOW THEREFORE, for and in consideration of the foregoing premises and
the mutual covenants and agreements hereinafter set forth, the LESSOR
hereby leases unto the LESSEE the “Leased Premises”, under the following
terms and conditions:
1. The LESSEE shall pay to the LESSOR a monthly rental fee of SX
HUNDRED PESOS (P600.00) without need of demand or the services of a
collector, it being understood that in case of a default, said rental shall bear a
penalty at the rate of three percent (3%) for every month or fraction thereof
computed from the date of such default until the rental is fully paid, and without
prejudice to the right of the LESSOR to cancel this Contract, eject the LESSEE
from the Leased Premises, cut off the electrical facilities, padlock the Leased
Premises, and/or avail itself of the legal remedies set forth the law and this
contract.
2. This contract shall be for a term of one year commencing on
November 19, 2007 and expiring on November 20, 2008 renewable for such
period and under such terms and conditions as may be agreed upon between
the parties hereto in writing, provided, however, that any extension or renewal
should be proposed by the LESSEE at least 90 days before said expiry date, and
that should no extension or renewal be agreed upon and executed by the
parties on or before the 61st day before the said expiry date, then it shall
deemed that no renewal or extension will be had to preclude the termination of
this lease on said expiry date.
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3. Upon the signing of this Contract, the LESSEE shall pay to the
LESSOR one (1) month advance rental and a security deposit equivalent to one
(1) month rental, which shall serve as a guaranty for the LESSEE’s faithful
compliance with the conditions and covenants of this Contract. The LESSEE
shall pay the LESSOR on or before the 19th of every month.
LESSEE shall answer for damages and other unpaid bills that LESSEE
might incur. The balance of the security deposit should be returned to LESSEE
within one month after lease contract has expired without need of demand or
until all utility bills of LESSEE have been received and paid, whichever comes
later.
The LESSOR shall have the right from time to time to deduct from the
security deposit any and all advances and damages which the LESSEE may be
liable to the LESSOR under any provision of this Contract; and in the event that
the security deposit is reduced as a result of any deduction, the LESSEE shall
within five (5) days from receipt of written demand make an additional deposit
to the LESSOR in order to maintain the security deposit at an amount equal to
one month rental.
4. The Leased Premises shall be used for parking purposes only and in
its use, the parties shall comply with the following conditions:
(a) The LESSOR shall at its own expense maintain the Leased
Premises in a clean and sanitary condition, free from noxious
odors, distributing noises and other nuisances and shall
dispose of all rubbish thrown by basketball players and
persons working in the premises. The LESSEE may not
deface or damage any part of the Lease Premises. Any injury
or damage caused or done by the LESSEE, its agents, guests
or clients shall be paid at the expense of the LESSEE.
(b) The LESSEE and LESSOR shall not keep nor store within the
Leased Premises any explosive or combustible article or
substance, and any damage caused directly or indirectly by
the infringement of this prohibition shall be charged to the
party responsible.
5. All partitions, alterations, additions, repairs or improvements that the
LESSEE may want to make in the Leased Premises shall not be made or
undertaken without the LESSOR’s previous written consent. All such
alterations, additions, repairs and improvements which may be made and
introduced therein by the Lessee pursuant to this provision shall remain the
separate and exclusive property of the Lessee and may be removed by the
Lessee but strictly before the expiry date of the lease, provided that no damage
is thereby caused to the leased premises and/or other property of the Lessor
and that no marks remain to show they were ever there, otherwise, they shall
remain the property of Lessor without any reimbursement to Lessee. Such
structures or improvements which have not been removed by the Lessee within
the period herein stipulated shall automatically become the property of the
Lessor without expense on the part of the latter.
6. The LESSOR shall pay for its electricity based on the sub-meter or
actual consumption, water bills, and association fees for the Homeowner’s
Association. The LESSOR shall provide a care taker to maintain the facilities and
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security over the parking space. It shall also be the sole responsibility of the
LESSOR to cause all necessary repairs on the parking space.
7. The LESSOR or its authorized agents shall have the right to enter the
Leased Premises at any time, upon giving prior notice and scheduling with the
Lessee to examine the same or to make repairs, or of any purpose which it may
deem necessary for its operation and maintenance, or to exhibit the premises
to prospective lessees during the last 60 days of the lease term, if the lease is
not being renewed, or otherwise to assure the LESSOR that the LESSEE is
complying with all the terms and conditions of this Contract.
8. The LESSEE shall promptly comply with any and all laws, ordinances,
rules, regulations and orders which the national provincial or local government
or any department, bureau, commission or other agency or instrumentality of
the government may promulgate, and with all reasonable regulations that the
LESSOR may from time to time adopt and enforce regarding the use,
occupancy, sanitation and safety of the Leased Premises
The LESSEE shall indemnify and hold harmless the LESSOR against
all actions, suits, damages and claims by whomever they may be brought or
made by reason of the non-observance or non-performance of the said rules,
regulations, ordinances or laws without prejudice to the right of the LESSOR to
cancel this lease.
The LESSEE agrees to abide by the existing rules and regulations
promulgated by the __________________________Homeowners Association, Inc.
9. The LESSOR shall not be liable, and the LESSEE shall make no claim
against the LESSOR, for any loss, damage, or inconveniences due directly or
indirectly to any of the following:
(a) Leakage of, defects in, or destruction of, any water, gas,
electrical, or plumbing installations or facilities in or about the
Leased Premises;
(b) Absence, failure, breakdown or insufficiency of water supply
or electrical current;
(c) Presence of bugs, ants, termites, rats, vermin, “anay” or
insects of any kind or nature in the Leased Premises;
(d) Water or rain which may come into or flow from any part of
the Leased Premises;
(e) Failure or negligence of the LESSEE, his/its agents,
employees, visitors and other persons;
(f) Fire, fortuitous events, government act, theft, robbery or
other crimes and misdemeanors.
10. If the Leased Premises or substantial part thereof be destroyed by
earthquake or fire or any cause independent of the will and without the fault of
the LESSEE, the LESSOR may, without being liable for damages to the LESSEE,
terminate this Contract or at the LESSOR’s option, elect to repair the damage to
the Leased Premises. During such period of repair, the rental shall be
suspended; provided that if the destruction was the result of fault or negligence
on the part of the LESSEE or members of his household, employees agents or
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guests, there shall be no suspension of rental, without prejudice to the LESSEE’s
liability for the destruction.
All repairs that may be necessary for the conversion or preservation
of the parking space, its electrical system, plumbing, and sewage necessitated
by reason of ordinary wear and tear, storm, and other acts of nature,
deterioration, termites or structural defects shall be fore the account of the
LESSOR. All other repairs caused by the negligence of the LESSEE, his maids,
relatives, and guests shall be for the account of the LESSEE.
11. The LESSEE assumes all responsibility for any injury or damage which
may be caused to the person or property of third persons while in any part of
the Leased Premises and further binds himself/itself to hold the LESSOR free
from any such claims for injury or damage unless such injury or damage is due
to the gross negligence of the LESSOR.
12. The LESSOR does not guarantee LESSEE’s property against loss,
damage or destruction not caused by the LESSOR’s employees or agents, or
causes beyond its control; neither does the LESSOR guarantee against losses
inside the Leased Premises.
13. The LESSEE shall not assign or transfer his/its rights under this
Contract nor sublease the Leased Premises nor allow it to be used for any
purpose other that hereinabove specified or be occupied in whole or in part by
any other person without the previous written consent of the LESSOR; and no
right or interest thereto or therein shall be conferred on or vested in anyone
other than the LESSEE without such written consent of the LESSOR.
14. Upon the expiration or termination of this lease, as the case may be,
the LESSEE shall immediately vacate and deliver physical possession of the
leased premises, to LESSOR in as good, clean and sanitary condition as when
the LESSEE started occupancy, reasonable wear and tear accepted, devoid of
all occupants, equipment, furniture, articles, merchandise, etc., belonging to
LESSEE. Should LESSEE fail to comply with this provision, LESSOR shall have
the right and remedy provided by law and this contract.
15. The LESSEE hereby agrees that all provisions contained in this
contract shall be deemed as conditions, and that this contract shall be
automatically terminated and canceled without resorting to court action should
the LESSEE violate any of said conditions including the payment of rent due
within the time herein stipulated. Effective upon the occurrence of any such
violation, the LESSEE hereby appoints LESSOR, its authorized agents,
employees and/or representatives as his attorney-in-fact, with full power and
authority to open, enter, occupy, padlock, secure, enclose, fence and/or
discontinue public utilities and otherwise take full and complete physical
possession and control of the leased premises without resorting to court action;
to take inventory and possession of whatever equipment, furniture, articles,
merchandise, appliances, etc., found therein belonging to the LESSEE,
unauthorized subleases, and/or other persons, either placing the same in the
Leased Premises or in a warehouse for safekeeping, charging the LESSEE the
corresponding storage fees therefore. Unless the LESSEE fails to claim said
equipment, furniture, articles, merchandise, appliances, etc., and liquidate any
liability with the LESSOR, within thirty (30) days from the date of closure of the
Leased Premises, any and all such property of the LESSEE may, at the instance
of the LESSOR, be sold at a public auction sale; provided that such auction sale
shall take place only after ten (10) days from the date a written notice thereof
is served or mailed to the LESSEE, and after notice of the sale is posted at any
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conspicuous place at or near the main entrance of said building for at least ten
(10) days; provided, further, that in said auction sale, the LESSOR or the LESSEE
may bid, it being understood that items shall be sold only to the highest bidder
for cash; provided finally that the proceeds of the sale shall be applied in
payment of the LESSEE’s obligations to the LESSOR. Any excess of the net
proceeds of the sale over the obligations of the LESSEE shall be delivered to the
LESSEE. In case of any deficiency, the LESSEE shall pay the same to the
LESSOR.
Before LESSOR can exercise their rights under paragraphs 15, the
LESSOR should give the LESSEE a written notice of the suppose violation and
give LESSEE thirty (30) days to correct such violation. If the suppose violation
is corrected within the specified period, the LESSOR cannot exercise the rights
specified in this paragraph.
16. Should the LESSEE abandon the Leased Premises before the
expiration of the period of this lease, the lease shall be automatically
terminated and the LESSOR shall exercise the right and remedy provided for in
this contract. The LESSOR shall be free to lease the premises to any other
interested party, and the LESSEE shall be liable to the LESSOR, as penalty, for
an amount equivalent to the rentals corresponding to the unexpired period of
the lease. It is understood that in order to enforce such termination, no
demand or notice of any sort is needed, abandonment by the LESSEE being
sufficient.
17. In the event of any breach of contract by the LESSEE and the LESSOR
is compelled to seek judicial action/relief against the LESSEE, the latter in
addition to and aside from the damages provided in the preceding paragraphs,
shall pay attorney’s fees to the LESSOR equivalent to twenty five (25%) percent
of the total obligations at the time of settlement or termination of the case or
Twenty Thousand (P20,000.00) Pesos, whichever is higher, aside from costs and
other litigation expenses which the law entitles the LESSOR to recover from the
LESSEE.
18. The failure of the LESSOR to insist upon strict compliance with any of
the terms, conditions and covenants of this lease and/or exercise any option
herein contained shall not be construed as a relinquishment or cancellation of
such covenant or option nor shall it be construed as a waiver of any subsequent
breach or default of the terms, conditions and covenants of this Contract, which
shall continue in full force and effect. No waiver by the LESSOR of any of its
rights under this Contract shall be deemed to have been made unless
expressed in writing and signed by the LESSOR.
IN WITNESS WHEREOF, the parties have signed these presents this
__________ day of _______________ at __________________.
______________________ RAYMOND L.REGALA
(Lessor) (Lessee)
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Signed in the presence of:
________________________ ____________________
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
_______________________________ ) S. S.
BEFORE ME, a Notary Public for and in _______________ this ____ day of
______________ 2007, personally appeared:
Name CTC No. Date/Place Issued
known to me and to me know to be the same persons who have executed the
forgoing CONTRACT OF LEASE and acknowledged that the same is their own
act and deed. This document consists of six (6) pages signed by the parties
and their instrumental witnesses on each page.
WITNESS MY HAND AND MY SEAL, at ________________, Philippines, this
19th day of November 2007.
Notary Public
Doc. No. _______;
Page No. _______;
Book No. _______;
Series of 2007.
