Lease Contract

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CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Lease made and entered into this ____ day of _________
20____, in ______________________, Metro Manila, by and between:

_________________________, single, all of legal age, Filipino, and


residing at ______________________, hereinafter referred to as the
“LESSOR;

- and -

____________________________ a domestic corporation duly owned


and existing under and by virtue of the laws of the Philippines with
office and business address at ______________________ , in this act
represented by __________________, hereinafter referred to as the
“LESSEE”.

WITNESSETH:

WHEREAS, the LESSOR owns a commercial building located at


__________________________ (hereinafter referred to as the PROPERTY);

WHEREAS, the LESSEE has expressed an interest in leasing from the LESSOR
a portion of the GROUND FLOOR of the aforementioned PROPERTY with a total floor
area of approximately 140.64 square meters, more or less, which is hereinafter
referred to as the LEASED PREMISES and the LESSOR is agreeable thereto subject to
certain terms and conditions;

NOW, THEREFORE, the LESSOR hereby lets, leases and demises unto the
LESSEE the LEASED PREMISES as defined in the foregoing subject to the following
terms and conditions, to wit:

NOW THEREFORE, the parties have agreed as follows:

1. TERM: The term of this lease shall be for a period of ____ (___) years
commencing ____________ and ending ______________. Should the LESSEE fail to
complete the term of lease for any reason whatsoever, the LESSEE shall pay to the
LESSOR an amount equivalent to three months rental as penalty which amount may
be deducted or offsetted from the deposit or advance rental provided hereunder or
from any amount which may be owed by or due from the LESSOR to the LESSEE.

2. RENTAL:
a. Fixed Rate. - The fixed monthly rental of the Leased Premises shall be
Thirty thousand Pesos (P 30,000.00) Philippine currency, payable on or before the
___ th day of each month. The lease rental shall escalate annually at the rate of five
percent (5%) until the expiration of the lease, or renewal, or extension thereof, subject
to further adjustment in case of extra ordinary inflation. This rental is vat exclusive.

SCHEDULE OF RENTALS

LEASE LEASE BASIC ADD: 12% LESS: 5% NET MTHLY


TERM DURATION RENTALS VAT WH TAX RENTALS

1 JUL 1, 2016-JUNE 30, 2017 30,000.00 3,600.00 1,500.00 32,100.00

b. Additional Variable Monthly Rental. – Apart from the fixed monthly


rental stated herein, the LESSEE shall pay to the LESSOR 3% of the LESSEE’s
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monthly gross sales which shall form part of the rental. Within thirty (30) days from
the last day of a given month, the LESSEE shall submit to the LESSOR the pertinent
reports, records or documents under the POS system, together with the cheque in the
amount corresponding to the 3% of the gross sales less withholding tax. Should the
LESSOR find that the reports, records or documents submitted by the LESSEE are
spurious, questionable or highly suspect, or the amount of variable rental is
inaccurate, the LESSOR may require the submission of additional documents and/or
verify the correctness of the amount paid, or the authenticity of the documents
submitted by the LESSEE.

c. Deposit. - Upon signing of this agreement, the LESSEE shall give to the
LESSOR the sum of ___________________________ (Php _____________) as security
deposit to answer for the cost of repairs, natural wear and tear excepted, and whatever
amount the LESSEE might owe the LESSOR, for unpaid rentals, electricity, water and
other bills which the LESSEE is obligated to pay under this Contract. This deposit or
balance thereof, if any, shall be refunded by the LESSOR to the LESSEE upon
termination of this contract of lease.

The automatic application of the deposit to the overdue rentals shall not
constitute a waiver by the LESSOR of its right to terminate the lease or eject the
LESSEE for the nonpayment of rentals. The same shall not also be construed as
waiver of the right to lockout as provided in the succeeding paragraph.

d. Advance Rental. - Also upon the signing of this Contract, the LESSEE
shall give to the LESSOR the sum of __________________________ (Php _____________)
representing two months advance rental, which may be applied to the rental for the
last month of this contract.

3. WATER, ELECTRIC CURRENT, ETC.: The LESSEE shall be responsible


to pay for and defray at its own expense the consumption of water, electricity, all
telephone bills, and other utility services in and for the leased premises.

4. PURPOSE: The LEASED PREMISES shall be strictly used for food services,
more specifically as a restaurant by the LESSEE and for no other purpose;

The LESSOR shall deliver/turn over to the LESSEE for its occupancy and
ultimately for its business operation, as defined and mentioned hereinabove, and
subject to the limitation on the use of the LEASED PREMISES provided for in Article
lV hereof, the said LEASED PREMISES upon signing of this document;

All finishing, improvements and facilities necessary for the operation of its
business shall be furnished and installed by the LESSEE at its own expense;

5. IMPROVEMENTS, ALTERATIONS, ADDITIONS, ETC.: At the


commencement and during the term of the lease, and upon prior written permission of
the LESSOR, the LESSEE, at its own expense, may provide, install and maintain
necessary lighting fixtures, carpets, rugs, electrical fixtures, sound system, air
conditioning system, doors, and interior paintings and other facilities required and
desirable to the nature and purpose of the lease. The LESSEE shall not make any
alteration or improvement in or about the premises without the prior written consent
of the LESSOR.

All such alterations, additions or improvements installed by the LESSEE, on or


upon the leased premises, except the movable furniture put in at expense of the
LESSEE and removable without defacing or injuring the building or the leased
premises shall become the property of the LESSOR and shall remain upon and be
surrendered with the premises as a part thereof at the end of the lease without
compensation to the LESSEE provided that the LESSEE may remove all his removable
fixtures and facilities at her own expense only when it is not in default in the
performance of any terms and conditions, covenants herein contained; provided
further that the LESSEE shall repair any and all damages caused by the removal of
such properties.

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6. CARE OF THE LEASED PREMISES: The LESSEE shall examine the
Leased Premises before taking possession thereof, and LESSEE'S entry into
possession shall constitute conclusive evidence, or admission by the LESSEE that as
of the date thereof the said premises were in good order and satisfactory tenantable
condition. The LESSEE hereby binds itself to keep and maintain the same in such
condition as a prudent person shall do under the circumstances, ordinary wear and
tear excepted. The LESSEE shall, at her own expense, maintain the Leased Premises
clean and free from rubbish and dirt at all times, shall not store unseen all trash and
garbage within the Leased Premises and arrange for the regular removal of such trash
and garbage and shall not burn any trash or garbage in or about the Leased Premises
or any where within the premises.

The LESSEE is required and shall provide grease trap in proportionate to their
capacity of usage.

The LESSEE shall not store or bring contraband or illegal articles, merchandise
or items.

The LESSEE shall keep the Leased Premises clean and free of rodents, bugs,
and vermins, and at the request of the LESSOR, participate and cooperate in carrying
out any program of extermination that the LESSOR may direct.

The LESSEE shall be responsible for the maintenance and repair of plumbing,
electrical fixtures, and other fixtures (such as faucets and its parts, door knobs, keys,
sockets, switches, etc.) within the Leased Premises at her own expense but upon
LESSOR'S supervision, hence, LESSOR must be notified before such activity is
undertaken by the LESSEE.

7. INSPECTION OF PREMISES: For purposes of seeing to it that the Leased


Premises are maintained in good, tenantable condition, the LESSOR or its authorized
representative/s is/are hereby given the right after due notice to enter and inspect any
part of the Leased Premises during reasonable hours and as the occasion therefore
might require.

Also, during the last month of the lease, the LESSEE shall allow the LESSOR
to show the Leased Premises to prospective tenants upon notice to the LESSEE.

Any violation of the guidelines set by the LESSOR and the requirements of the
national and local agencies shall make the LESSEE liable for damages which directly
or indirectly result therefrom as well as any loss or damage to the LESSEE’S:

1. The presence of bugs, cockroaches, vermins, ants, termites and other


insects:
2. Failure or disruption of water and/or current supply;
3. Fire due to faulty electrical wiring, fuses, installations, etc.
4. Defective plumbing or bustling or leaking pipes;
5. Destruction or clogging of any cistern tank, wash tank, water closet, waste
or soil pipes:
6. Leakage of water from the roof or floor or any part of the LEASED
PREMISES due to rain, typhoon, flood and elements;
7. Loss due to robbery, thief, or other similar crimes and
8. Acts of negligence and/or vandalism of the LESSEE or its officers,
employees, customers and guests.

8. In the event that the LESSEE fails to fulfill any of the undertakings or
conditions of this lease, the LESSOR shall be entitled to either terminate this lease or
the LESSOR may take any measure which it may deem necessary to establish the
conditions contemplated by this Lease Contract at the expense of the LESSEE.

9. RETURN OF LEASED PREMISES: Upon expiration of the term of this


“Contract” or its renewal or extension or its cancellation due to the LESSEE’S fault,
the LEASED PREMISES including all permanent and fixed improvements introduced
by the LESSEE shall be surrendered and delivered by the LESSEE to the LESSOR or
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its duly authorized representative, without the need of any written or verbal demand.
The delivery of the possession and control of the LEASED PREMISES by the LESSEE
to the LESSOR, shall include the keys pertaining thereto, and should be in good,
clean, and tenantable condition as of the time of delivery to the LESSEE, ordinary
wear and tear excepted, devoid of all occupants, movable equipment, furniture,
articles and effects of any kind.

The continued possession by the LESSEE of the premises after the automatic
expiration or termination, or cancellation of this “ Contract “, and the payment and
acceptance of rent thereafter shall in no way be interpreted as implied or extension
hereof, the provision of Article 1670 of the New Civil Code to the contrary
notwithstanding. It is hereby further agreed that while the LESSEE continues in
possession of the LEASED PREMISES in breach of the parties covenant herein,
LESSEE shall be bound to pay the appropriate rent and corresponding penalty and
charges.

10. LIABILITY FOR SUITS: The LESSEE will indemnify and hold harmless
the LESSOR against all actions or claims for damages that whomsoever may cause 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
sublease in accordance with the penal provisions hereinafter contained.

11. INJURY OR DAMAGE: The LESSEE has accepted the lease after
examination of the Leased Premises thereof and without any representation and
warranty on the part of the LESSOR. The LESSEE hereby assumes full responsibility
for any damages which may be caused to any person or property of any third persons
while remaining on any part of the leased premises and further bind itself to hold the
LESSOR and its agents free and harmless from any such claim for injury or damage,
unless such injury or damage is due to the gross negligence of the LESSOR.

12. SUB-LEASE OR TRANSFER OF RIGHTS: The LESSEE shall not assign


or transfer his rights in this contract nor sub-lease or sub-let all or any part of the
leased premises.

13. DISTURBANCE OF POSSESSION: Disturbance or discontinuance of


possession of the leased premises of the LESSEE by any cause beyond the control of
the LESSOR shall confer no right of any kind to the LESSEE as against the LESSOR.

14. ABANDONMENT: Should the LESSEE be in arrears in the payment of


any charges as provided herein and the premises be closed without notice of closure
furnished to the LESSORS for a continuing period of fifteen (15) days, the LESSORS of
their sole option, may consider the LEASED PREMISES, abandoned and terminated
without further notice and the SECURITY DEPOSIT forfeited in favor of the LESSORS.

In such case of abandonment, the LESSOR is given the absolute right and the
authority to open and enter the premises, with the assistance of police authorities
and/or the Barangay Officials to take inventory, duly sworn to, of any and all
furniture, effects and/or materials within the premises, remove the same from the
premises and place in a Storage and pay storage fees in the sum of not less than FIVE
PESOS (P5.00) per day/square meter. Provided, further, that should the amount
deposited by the LESSEE as per Article IV (Security Deposit) thereof be insufficient to
answer for such obligation, the effects removed from the premises and placed in
storage shall be considered taken under pledge and disposed of by public auction of
pledged articles, after the lapse of sixty (60) days from the date the unpaid account of
the LESSEE becomes due, and the proceeds thereafter applied to the LESSEE’S
unsettled obligations.

15. NON-WAIVER: The failure of the LESSOR to insist upon a strict


performance of any of the terms, conditions of covenants hereof shall not be deemed a
relinquishment or waiver of any right or remedy that the LESSOR may have, nor shall
it be construed as a waiver of any subsequent breach or default of the terms,
conditions or covenants herein contained, but the same shall continue to be in full

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force and effect. No waiver made by the LESSOR shall be deemed to have been made
unless expressed in writing and signed by the LESSOR.

16. BREACH OR DEFAULT: The LESSEE agrees that all the terms,
conditions and covenants herein contained are material and that if default or breach
of any of the terms, conditions or covenants is made, then this sublease, at the
discretion of the LESSOR, may be terminated and cancelled forthwith and the LESSEE
shall be liable for any and all damages, actual or consequential, resulting from such
default or breach.

In such a case, the LESSEE shall be charged a penalty interest. It is further


agreed that the LESSEE shall be charged a PENALTY INTEREST at the rate of THREE
PERCENT (3%) per month, cumulative monthly until full payment thereof without
prejudice to the right granted the LESSORS to consider the “Contract” as terminated.
In case the LESSORS shall resort to any court action, the LESSEE shall pay the
LESSOR, for and as Attorney’s Fees, a sum equivalent to 30 of the amount due and
outstanding but shall in no case be lower than P20,000.00.

It is further agreed that all payments shall be made by the LESSEE to the
LESSORS in checks payable to UPA WRC DEVELOPMENT COMPANY, However, in
case of dishonor, a service fee based on the prevailing bank charges at the time of
dishonor shall be imposed for every dishonored check in payment of the account,
including interest as provided for in this ”Contract”, without prejudice however to the
right of the LESSORS to prosecute the issuer for violation of the Bouncing Checks Law
(BP22) or any pertinent law, as well as to terminate this “Contract”.

17. JUDICIAL RELIEF AND PENALTIES: Should the LESSOR be compelled


to seek judicial relief against the LESSEE, the LESSEE shall, in addition to the
damages mentioned in the preceding paragraphs, pay an amount equivalent to
twenty-five (25%) of the amount claimed in the complaint, but not less than Twenty
Thousand (P20,000.00) Pesos as attorney's fees aside from the costs of litigation and
other expenses which the law may entitle the LESSOR to recover from the LESSEE.

IN WITNESS WHEREOF, the parties hereto have signed this deed on this
____day of __________20____ in __________________.

Lessor Lessee

Signed in the presence of:

________________________ ________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


) s.s.

BEFORE ME, a Notary Public for and in ______________________________________,


personally appeared the following:

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known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged that the same is of their free and voluntary act and
deed. This Contract of Lease consists of six (6) pages, including the page upon which
this Acknowledgment is written; and that all the pages thereof have been duly signed
by the parties thereof including all their instrumental witness/es.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial


seal this ___ day of __________________, in _________________________________.

Doc. No. ____ ;


Page No. ____ ;
Book No. ____ ;
Series of 2015.

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