Contract of Lease Know All Men by These Presents: DRA. MARY LOU C. MONASTERIO, of Legal Age, Filipino, (Single / Married
Contract of Lease Know All Men by These Presents: DRA. MARY LOU C. MONASTERIO, of Legal Age, Filipino, (Single / Married
Contract of Lease Know All Men by These Presents: DRA. MARY LOU C. MONASTERIO, of Legal Age, Filipino, (Single / Married
WITNESSETH; that –
WHEREAS, the LESSOR is the registered owner of a building known as
_____________ situated at _____________, Philippines.
NOW, THEREFORE, for and in consideration of the foregoing premises and the
covenants hereinafter stipulated, the parties hereby agree as follows:
1.The LESSOR hereby transfers and conveys by way of LEASE in favor of the
LESSEE a portion of the afore-stated properties (hereinafter referred to as the
Leased Properties) specifically described as follows:
Bldg. Portion App. Covered Flr. Area ____________ ___________________
1. Rental Payment and Escalation Clause.- Within the first five (5) days
of each calendar month, the LESSEE shall pay the LESSOR a monthly rent at
the rate of __________________________ (P_____________) per square
meter or the total amount of __________________________
(P_____________). In addition, the monthly rent shall escalate yearly by
_____________ (_____%) percent of the base monthly rent starting on the
_____________ year and each year thereafter until the termination of
this contract, the base rent being understood to be the monthly rent applicable
for the said year as opposed to the original rent provided above.
2. Advance Rental Payment.-Within five (5) days from the signing of this
Lease Agreement, the LESSEE shall remit to the LESSOR an amount
equivalent to __________ (_____) months rent or the total sum of
__________________________ (P_____________) to be applied as rental
payment for the last two (2) months of this contract.
3.Security Deposit. - Within five (5) days upon the signing of this Lease
Agreement, the LESSEE shall remit to the LESSOR an amount equivalent to
_____________ (_______) month's rent or __________________________
(P___________) to serve as security deposit for any unpaid utility bills such
as electricity, water, telephone, sanitation, sewerage and others, and to
answer for any damages which the Leased Properties may suffer as well as to
cover any unpaid monthly rent; interests or penalties. This amount is
refundable to the LESSEE free of any interest thirty (30) days after the
termination of this Lease Agreement subject to deduction for whatever utility
bills and monthly rentals, interests, penalties that have remained
unpaid and damages that may have been incurred, provided, that the LESSEE
shall still be liable for any and all bills, rentals, interests,
penalties and damages that may exceed this security deposit. The LESSEE
shall not be allowed to offset or use its security deposit as its monthly rental
payment.
1. Term. - Unless earlier terminated for reasons specified herein, the term of
this Lease Agreement shall be for _____________ (_____) years to start on
_____________ and end at noontime on _____________ renewable upon
mutual agreement of the parties.
ARTICLE IV PURPOSE OF THE LEASE
1. Use of the Leased Properties. - The LESSEE shall use the Leased
Properties strictly and exclusively as __________________________. If the
Leased Properties are used for other purposes, the LESSOR has the choice to:
(i)Rescind the Lease Agreement; or
(ii)Increase the rent; or
(iii)Compel the LESSEE to stop the new activities.
In no case shall the Leased Properties be used for immoral or illicit
purposes and illegal acts or purposes.
It is understood that the LESSEE shall act as the surety of the sub-lessee for
purposes of this Lease Agreement. The LESSEE shall provide LESSOR with a
copy of the sub-lease agreement not later than ten (10) days after the
execution of the sub-lease agreement. In addition, the LESSEE shall remit
LESSOR'S percentage participation in the sub-lease rentals within the first five
(5) days of each calendar month.
ARTICLE V DEFAULT
1. Interest Payment. - In the event the LESSEE fails to pay its monthly rent
within the first five (5) days of each month, the LESSOR shall charge interest
on the monthly rent at the rate of _____________ (______%) percent per
month, which shall be compounded monthly until full payment is made.
Furthermore and whenever applicable, in the event the LESSEE fails to remit
the LESSOR'S percentage participation in the sub-lease rentals within the first
five (5) days of each month, the LESSOR shall charge interest on the
LESSOR'S percentage participation in the sub-lease rentals at the rate of
_____________ (______%) percent per month, which shall be compounded
monthly until full payment is made.
ARTICLE VI CANCELLATION
1.1. The LESSEE fails to pay its monthly rent when the same falls due.
1.3. The LESSEE uses the Leased Properties for purposes other than
those specified herein, without prejudice to the options available to
LESSOR under Section 1, Article IV hereof.
1.4. The LESSEE violates any of the other terms and conditions of this
Lease Agreement or fails to get the necessary permits from the
national and/or local government units / agencies.
1. Insurance. - The LESSEE shall obtain insurance coverage for the Leased
Properties, against all insurable risks applicable from a duly
accredited and reputable insurance company in an amount equal to the
maximum insurable value of the Leased Properties. The LESSOR shall be the
Beneficiary of the required Insurance. In case of complete loss or damage to
the Leased Properties, and/or the improvements therein, during the term of
this lease, the LESSOR shall have the option to reconstruct or restore the lost
or damaged Leased Properties, and/or the improvements therein, to their
original condition or to consider this lease automatically terminated. In case
of damage in part, rental shall be reduced in proportion to the remaining
tenantable or useable area.
The LESSEE shall comply with any and all reasonable rules and safety
regulations which may be promulgated from time to time by the LESSOR,
together with all the rules, regulations, ordinances or laws made by the duly
constituted authorities; either by the National or City government or any of
its agencies and instrumentalities, arising from or regarding the use,
occupancy and sanitation of the Leased Properties.
10. Return of Premises. - Upon the termination of this Lease Agreement for
any reason whatsoever, the LESSEE shall peacefully and immediately vacate
the Leased Properties and return possession thereof to the LESSOR in
good and tenantable condition, devoid of all occupants, equipment and effects
of any kind. Failure of the LESSEE to return the Leased Properties as provided
herein shall make it liable to pay liquidated damages to the LESSOR in an
amount equivalent to six (6) months rent without prejudice to such other
amounts as may be due LESSOR and/or such other remedies available to the
LESSOR under this Lease Agreement and/or under the law.
13. Indemnity. - The LESSEE shall hold LESSOR free and harmless from any
loss, damage, injury suffered by the LESSEE, its agents or employees, clients,
guests or customers or other third persons arising out of the use of the Leased
Properties by LESSEE, its agents, employees, clients, guests, or customers
including but not limited to, claims for property damage, personal injury or
wrongful death, or losses or damages occasioned by reason of any event or
cause which could not be foreseen, or which, though foreseen, were inevitable
such as but not limited to fire, earthquake, lightning, typhoons, flood, volcanic
eruption, robbery, theft or other crimes. In addition, the LESSOR shall not be
liable nor responsible:
(i) For the presence of bugs, vermin, rats, insects, or other similar
creatures, if any, in the Leased Properties:
(ii) For the failure of electrical and/or water supply due to causes beyond
LESSOR's control;
(iii) For any injury, loss or damage which the LESSEE, its agents or
employees, might sustain while in the Leased Properties due to causes
attributable to the fault of said LESSEE, employees, agents and/or
representatives, or those of its clients, guests or customers;
(iv) For any damage done or occasioned by, or arising from the
plumbing, gas, water, and/or other pipes or air-conditioning system or
for the bursting, leaking or destruction of any tank, cistern,
washers, and water closets or waste pipelines in, above, upon, or about
said Leased Properties, nor for any damage arising from or attributable
to acts of negligence of the LESSEE or its agents, employees,
representatives or any and all other persons over which the LESSOR has
no control.
14. Non-Waiver. - The failure of the LESSOR to insist upon a strict
performance of any of the terms, conditions and covenants hereof shall not
be deemed a relinquishment or waiver of any of the rights or remedies that
the LESSOR may have, nor shall it be construed as a waiver of any subsequent
breach or default of its terms, conditions and covenants which shall continue
to be in full force and effect. No waiver by the LESSOR of its rights under this
Lease Agreement shall be deemed to have been made unless expressed in
writing and signed by the LESSOR.
16. Venue. - In case of any dispute arising in connection with this Lease
Agreement, the parties hereby agree that the venue for the settlement of the
dispute shall fall exclusively within the jurisdiction of the proper courts in the
City of _____________, Philippines.
IN WITNESS WHEREOF, the parties have set their hands and affixed their
signatures this _____________ in the City of _____________, Philippines.
This Contract of Lease consist of Nine (9) pages on which the acknowledgement is
written in all pages have been duly by the parties and their instrumental witnesses.