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This Contract of Lease is made and executed this ___ day of August 2019 San Juan, La
Union, by and between:
• and -
WITNESSETH; That
WHEREAS, the LESSEE desires to lease from the LESSOR and the LESSOR is
willing to lease unto the LESSEE the above-mentioned premises subject to the terms and
conditions hereinafter specified.
NOW, THEREFORE, for and in consideration of the foregoing and mutual covenants
herein contained, the LESSOR has let by these presents, does hereby let and lease unto the
LESSEE the subject property and the LESSEE hereby accepts the same subject to the following
terms and conditions:
1. TERM OF LEASE
The term of the Contract of Lease will be for a period of Five years ( 5 ) years
commencing on August 01, 2019 and ending on July 30, 2024. The LESSEE will have
the option to renew this Contract of Lease upon its termination subject to such terms and
conditions that maybe agreed upon by both parties, provided a written notice of intent to
renew is given by the LESSEE to the LESSOR at least (60) calendar days before
termination date.
2. LEASE RENTAL, DEPOSIT AND ASSOCIATION DUES
The yearly rental of the leased premises will be One Hundred Thousand Pesos only
(P100,000.00)
All periodic expenses for water, cable TV, electricity and telephone accruing up to the
date of termination of this Contract of Lease will be for the account of the LESSEE.
All taxes, fire insurance premiums, government assessments and other charges of public
nature, which are or may be assessed, on the leased premises, will be for the account of
the LESSOR.
The LESSEE can make any permanent major structural changes, alterations or
improvements in the leased premises with the approval of the LESSOR. However, the
LESSEE will have the right to remove the equipment, furniture and fixtures put in at its
expense which are by nature movable or which can be removed without defacing or
damaging the leased premises.
The LESSEE will keep the leased premises in clean and sanitary condition at all times.
The LESSEE has inspected the leased premises and found the same to be in good and
tenantable condition.
The LESSEE will be responsible for the carpentry, all repairs and maintenance on the
leased premises, and on the water, electrical and sewerage installation, electric plumbing,
roofing, and all structural defects on the leased premises.
The LESSEE will not bring into, keep, deposit or store in the leased premises any
noxious substance nor anything of a highly inflammable nature which may expose the
leased premises to fire or increase its fire hazard, or change its insurance rate. However,
cooking gas is acceptable.
7. THIRD PARTY LIABILITY
The LESSEE during the occupancy of the premises, will hold the LESSOR free and
harmless from any damage, liability or responsibility to any person or property of the
LESSEE, its designated occupants, agents, employees, domestic help and guests, except
when said damage, liability or responsibility is due to the fault or negligence of the
LESSOR or its agents. The LESSOR will be not responsible to the LESSEE, its
designated occupants, agents, employees, guests and domestic help for damages suffered
damages due Acts of God, such as typhoon, earthquake, flood, etc.to structural defects of
the leased premises that are beyond the control of the LESSEE, the latter shall not be
liable to the LESSOR. The provisions of this Clause will likewise be subject to Clause
11.
8. INSPECTION OF PREMISES
The LESSOR or its authorized agents waives its rights from entering the leased
premises. In any instance, when the LESSEE will allow the LESSOR to enter the leased
premises due care will be exercised so as not to unduly inconvenience the LESSEE and
only under the following conditions:
The LESSOR represents and warrants that he/she has valid, lawful and absolute title over
the leased premises; that he/she undertakes to defend and maintain LESSEE’s peaceful
and comfortable possession and enjoyment of the leased premises including the term of
the lease or extensions thereof; that the leased premises including the improvements
therein is in a clean, sanitary and habitable condition; that there are no unpaid or
outstanding dues or assessments, electricity, water or telephone bills; that the premises
have adequate water supply.
In the event of sale, transfer, mortgage or any other encumbrance of the leased premises,
LESSOR guarantees that the purchaser, transferee or mortgagee will be bound by all the
terms and conditions of this Contract of Lease including the provisions for renewal
thereof.
11. DESTRUCTION OF PROPERTY
In case the leased premises or any part thereof be destroyed by fire, typhoon, earthquake
or any other cause which has rendered the leased premises or any part thereof unsuitable
for the purpose intended by the LESSEE, the LESSEE will give immediate notice
thereof to the LESSOR. In such case, the LESSEE will have the absolute right to
terminate the Contract of Lease. Moreover, the LESSEE will not be liable to the
LESSOR when the damage to the property or furnishings under Annex A was due to
fortuitous events beyond the control of the LESSEE.
This contract is guaranteed for the five years (5) duration of the lease. However, the
contract may be pre-terminated under the following conditions:
Upon the termination of this Contract of Lease, the LESSEE will immediately vacate the
leased premises and peacefully return possession thereof to the LESSOR including all
the equipment, furniture and fixtures mentioned in Annex A hereof, in the same condition
in which they have been found, ordinary wear and tear excepted, unless the property
and/or furnishings under Annex A suffered damages due to the fault or negligence of the
LESSOR or its agents or when said damages were due to fortuitous events beyond the
control of the LESSEE. The provisions herein will likewise be subject to Clause 5.
Any violation of the terms provided for in this Contract of Lease on the part of the
LESSOR or LESSEE will be sufficient ground for termination thereof. Provided,
however, that the violating party will have fifteen (15) days within which to rectify the
said breach upon receipt of the written notice of the breach from the other party. The
acceptance or rejection by the aggrieved party of such rectification made by the violating
party will depend solely on such aggrieved party whose option to terminate and cancel
this Contract of Lease remains.
Should the LESSEE be the violating party and the breach is not rectified within the 15-
day period or even if rectified by the LESSEE within such period but the rectification is
not acceptable to the LESSOR, and the Contract of Lease is terminated by the LESSOR
under this Clause, the equivalent of two (2) months’ gross rentals will constitute
liquidated damages in favor of the LESSOR.
In the event that it is the LESSOR who commits a breach of this Contract of Lease, and
such breach is not rectified within the 15-day period or even if rectified by the LESSOR
within such period but the rectification is not acceptable to the LESSEE, the LESSEE
will have the option to terminate the Contract of Lease and the LESSEE has a right to
claim and seek damages in the courts of the competent jurisdiction.
15. AMENDMENT
This Contract of Lease or any term hereof will not be amended, modified, waived,
discharged or terminated orally except by an instrument in writing signed by the parties
hereto.
16. VENUE
Any legal action or proceeding arising out of or connected within this Contract of Lease
and any and all relative documents will be brought in the proper courts of the City of San
Fernando, La Union. By execution and delivery of this Contract of Lease, the parties
hereby irrevocably submit to such venue, all other venues being abandoned or waived.
IN WITNESS WHEREOF, the parties hereto have signed these presents on the date and at the
place first above mentioned or written.
ACKNOWLEDGEMENT RECEIPT
I,Riis Fuller, legal age, married, Australian Citizen, and a resident of Ground Floor
Tropic Seas Apartment, Urbiztondo, San Juan, La Union, received the sum amount of One
Hundred Thousand Pesos (₱100,000.00) as full rental payment of 3rd Floor Tropic Seas
Apartment, Urbiztondo, San Juan, La Union and everything above it
In favor of Christian Bien and Loise Laine Limos. June 26, 2012 at San Juan, La
Union.