This Contract of Lease, made and executed this _______________ in the City
of Davao by and between:
- and -
PETER ODULIO, of legal age, Filipino, and a resident of Manga St., Sabroso
Subd., Balusong Ext., Matina, Davao City, hereinafter known as the LESSEE;
W I T N E S S E T H : THAT
1. PROPERTY. The LESSOR hereby transfers and conveys by way of LEASE in favor of
the LESSEE a building erected in the afore-stated properties (hereinafter referred to as
the LEASED PREMISES);
3. USE AND PURPOSE. The premises hereby leased shall be used strictly and
exclusively by the LESSEE for the purpose of car wash and servicing, and other related
activities only and shall not be diverted to other uses. The LESSEE shall also be allowed
to use the facilities and equipments found thereat free of charge, subject to return after
termination of this contract agreement. It is hereby expressly agreed that if at any time
the premises are used for other purposes, the LESSOR shall have the right to rescind
this contract without prejudice to its other rights under the law;
4. SUB-LEASE. The LESSEE shall not directly or indirectly sublet, allow or permit the
leased premises to be occupied in whole or in part by any person, form or corporation.
Neither shall the LESSEE assign his rights hereunder to any other person or entity and
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no right of interest thereto or therein shall be conferred on or vested in anyone by the
LESSEE without the LESSOR'S approval and consent;
5. TERM. Unless otherwise expressly terminated, the term of this lease agreement shall
be for a period of TWO (2) YEARS, commencing from 28 July 2017 until the midnight
of 28 July 2019, renewable upon mutual agreement of the parties;
ARTICLE IV CONSIDERATION
7. PAYMENT. All rental payments shall be payable to the LESSOR. The contract price
shall be paid in accordance with the following, to wit:
ARTICLE V DISCOUNT
8. DISCOUNT. A fifty percent (50%) discount shall be given to the LESSEE for the first
six (6) months of the operation of his business. After which, the stipulated amount of
ELEVEN THOUSAND PESOS (Php 11,000.00), Philippine Currency, shall be
applied as rental payment. Since a discount shall be given to the LESSEE, the LESSOR
shall return the corresponding checks to the LESSEE constituting half of the amount of
his payment for the first six (6) months of this contract agreement after three (3)
months upon signing of this contract agreement;
ARTICLE VI DEFAULT
9. DEFAULT PAYMENT. In case of default by the LESSEE in the payment of the rent,
such as when the checks are dishonored, the LESSOR, at its option, may unilaterally
terminate this contract and eject the LESSEE from the leased premises. The LESSOR
has the right to padlock the premises when the LESSEE is in default of payment for one
(1) month and may forfeit whatever rental deposit or advances have been given by the
LESSEE;
10. INTEREST PAYMENT. In the event the LESSEE fails to pay its monthly rental when
it is due and demandable, the LESSOR shall charge interest on the monthly rental at the
rate of twelve percent (12%) per annum;
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11. GROUNDS. Either party shall have the right to cancel or terminate this contract
agreement on the following grounds, to wit:
11.2 FAILURE TO PAY RENT. Should the LESSEE fails to pay its
monthly rental when the same falls due;
12. NOTIFICATION. The party who desires to cancel or terminate the contract shall
notify the other party into writing at least thirty (30) days prior the date of the intended
cancellation or termination;
13. RETURN OF THE PROPERTY. At the expiration of the term of this contract
agreement or cancellation thereof, as herein provided, the LESSEE shall cease to
exercise all the rights appurtenant to it. The LESSEE shall likewise peacefully and
immediately vacate the LEASED PREMISES and return possession thereof to the
LESSOR in good and tenantable condition devoid of all equipments and effects of any
kind. Failure of the LESSEE to return the LEASED PREMISES 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 remedies available to the LESSOR
under this contract agreement and/or under the law;
ARTICLE IX MISCELLANEOUS
14. PUBLIC UTILITY. All expenses for electric, water, internet, telephone, sanitation and
other public services and utilities during the duration of the lease shall be for the
account of the LESSEE. The cost of the installation of utilities within the LEASED
PREMISES shall be for the account of the LESSEE; provided, that any installation shall
be under the control and supervision of the LESSOR and the latter has the right to
indicate where the meter connections shall be installed;
15. BUSINESS PERMIT. The LESSEE shall be responsible for the securing or renewal of
the business permit, and payment of its corresponding fees;
16.REPAIRS AND MAINTENANCE. During the term of this contract agreement, the
LESSEE shall maintain the leased building, and its facilities and equipments in the
condition in which they are when he takes occupation thereof. The LESSEE shall, at its
own expense, maintain the LEASED PREMISES in a clean and sanitary condition free
from noxious odors, disturbing noises or other nuisances. The LESSEE, its employees,
agents or representatives shall not in any manner damage or deface any part of the
LEASED PREMISES. Any ordinary and necessary repairs shall be shouldered by the
LESSEE. The latter shall also be liable for the repair of all structural defects that may
occur in the leased building. The LESSEE shall comply with any and all reasonable rules
and 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 PREMISES;
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17. IMPROVEMENTS. Any improvements or alterations on the LEASED PREMISES
shall be done with the express or tacit approval of the LESSOR. The LESSEE may also
construct another building or structure in the vacant premises of the property. Upon
termination of this agreement, the LEASED PREMISES, including the facilities and
equipments thereto, shall revert back to the LESSOR with all improvements AND
alterations, and shall be automatically owned by the LESSOR without any obligation on
its part to pay or refund its value or cost to the LESSEE. However, the LESSEE may opt
to pull out all improvements introduced, including equipments and facilities owned by
him, in the LEASED PREMISES and in the building or structure that the latter had
constructed in the vacant premises of the property;
18. FORCE MAJEURE. If whole or any part of the LEASED PREMISES or its
appurtenances shall be destroyed or damaged by fire, flood, lightning, typhoon,
earthquake, storm, riot or any other unforeseen cause, as to render the LEASED
PREMISES during the term substantially unfit for use and occupation of the LESSEE,
then this lease contract may be terminated without compensation by the LESSOR or by
the LESSEE by notice in writing to the other within a reasonable time;
19. RIGHT OF ENTRY. The LESSOR or its authorized agent shall after giving due notice
to the LESSEE shall have the right to enter the premises in the presence of the LESSEE
or its representative at any reasonable time during business hours to examine and
inspect the same or make repairs therein or for the operation and maintenance of the
building or for any other lawful purposes which it may deem necessary. The LESSEE
agrees to cooperate with the LESSOR in keeping the LEASED PREMISES in good and
tenantable condition;
20.ASSIGNMENT. The LESSOR reserves the right to assign, transfer or encumber any of
its rights and interests under this contract agreement to any entity without the need of
obtaining the consent of the LESSEE, except to notify the latter of the same. In the event
of such transfer, assignment or encumbrance, the rights and interests of the LESSEE
under this contract agreement shall be respected and observed in its entirety by such
assignee, transferee or mortgagee, and for the entire term hereof, unless otherwise
mutually agreed upon by the parties including the LESSEE;
21. TRANSFER OF RIGHTS. The LESSEE shall not assign, transfer or encumber its
rights under this contract agreement without the prior written consent of the LESSOR
and no right, title or interest thereto or therein shall be conferred on or vested in any
other party other than the LESSEE without such written consent;
22. 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. Neither shall it be
construed as a waiver of any subsequent breach nor 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 contract agreement shall be deemed to have been made unless
expressed in writing and signed by the LESSOR;
23. SOLE AND ENTIRE AGREEMENT. This lease agreement shall constitute the sole
and entire agreement between the parties who acknowledge that there are no other oral
or written understandings or agreements between them relating to the subject matter of
this agreement. No amendments or other modification of this agreement shall be valid
or binding on a party hereto unless reduced into writing and executed by and between
both parties hereto;
24. This CONTRACT OF LEASE shall be valid and binding between the parties, their
successors-in-interest and assigns.
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IN WITNESS WHEREOF, the parties hereto have set their hands on this
_________________ at Davao City, Philippines.
ACKNOWLEDGMENT
BEFORE ME, Notary Public for and in the City of Davao, Philippines, this
___________________, appeared the affiants with their competent evidence of
identity above indicated and who represented to me to be the same persons who
executed the foregoing instrument consisting of five (5) useful pages including the page
where the acknowledgment is written together with the signatures of their material
witnesses and which they acknowledged to me to be their free and voluntary act and
deed.
WITNESS MY HAND AND SEAL, on the date and place first above written.