CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This AGREEMENT made and entered into by and between:
The MILAN PRESTIGE BUILDING, a business entity duly registered
under the laws of the Republic of the Philippines, with principal office located
along the National Highway, Barangay Halang, Calamba City, Laguna,
represented by its Proprietor Ms. JENNY G. DELA CRUZ (herein called the
"LESSOR");
-andThe PRESIDENTIAL MANAGEMENT STAFF, a government agency duly
organized and existing under and by virtue of Philippine laws, with principal office
address at the Automobile Association of the Philippines Tower, 683 Aurora
Boulevard, Barangay Mariana, Quezon City, represented herein by its Assistant
Secretary ANA MARIA A. CADENA (herein called the "LESSEE").
WITN ES SETH:
WHEREAS, the LESSOR is the absolute owner of Milan Prestige Building
located along the National Highway, Barangay Halang, Calamba City, Laguna;
WHEREAS, LESSOR is offering for lease an office space with a floor area
of 80-square meters located at the ground floor of the aforesaid building (herein
referred as the "Leased Premises"); and
WHEREAS, LESSOR is willing to lease said premises to the LESSEE and
the latter is willing to LEASE the same pursuant to PMS Bids and Awards
Committee Resolution no. 81 (s. 2019).
(
NOW, THEREFORE, for and in consideration of the foregoing premises,
and of the herein mutual covenants, undertakings, obligation, and terms and
conditions, the parties have agreed, as they hereby agree as follows:
TERM OF LEASE. The term of this lease shall be for a period of one (1)
year, commencing on 01 January to 31 December 2020.
RENTAL. The amount of rental shall be Thirty-Four Thousand Two
Hundred Pesos (Php34,200.00) per month, or a total of Four Hundred
Ten Thousand Four Hundred Pesos (Php410,400.00) for one year
incluive of all appropriate taxes and fees to be paid within the first five (5)
days of the month, provided billings are timely submitted.
TAXES. The LESSEE shall withhold and remit the withholding tax to the
proper government agency. The LESSEE shall submit three (3) copies of
the Certificate of Creditable Income Tax Withheld at Source together with
the Lessee's monthly rental payment. Any withholding taxes deducted
from the rentals not supported by the Certificate of Creditable Income Tax
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Contract of Lease between PMS and Milan Prestige Building FY 2020 ..............Page 2 of 6
Withheld at Source shall not be honored and the amount deducted shall
be considered as deficiencies in the payments of the rentals.
4. USE OF PREMISES
GENERAL LIMITATION No portion or area of the Leased Premises
shall be used for manufacturing or industrial purposes, or as
recruitment agencies, parlors, massage/sauna establishments, beauty
or barber shops, or such other similar establishments. No illegal
activities shall be allowed. Any illegal use or business by the LESSEE
in violation of this strict prohibition by the LESSOR shall make the
LESSEE solely responsible and likewise shall be held liable alone civilly
and/or criminally;
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DESIGNATED PURPOSE
The LESSEE shall use the Leased
Premises specially for office purposes only, and shall not be devoted to
any other kind of activities without the consent in writing of the
LESSOR; it being understood that should the LESSEE make use of the
Leased Premises for purposes other than herein agreed upon, the
rentals to be collected will be increased by 20% or this contract be
automatically terminated, at the option of the LESSOR upon notice to
the LESSEE;
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USE OF SIGNAGE AND THE LIKE The LESSEE shall not post,
install, inscribe, paint, display or show in any part of the Leased
Premises any sign, name, mark, notice, logo without the written consent
of the LESSOR;
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HAZARDOUS MATERIALS The LESSEE shall not bring or store in
the property any inflammable or explosive goods, articles or materials
which may expose the property to, among others, fire or increase the
fire hazard;
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GARBAGE RECEPTACLES The LESSEE shall provide himself/itself,
at his/its own cost and expense, with receptacles which city ordinances
require to hold and contain waste matter, garbage, and refuse, and
shall deposit them within his/her premises in accordance with the rules
laid down by the LESSOR. It shall be the LESSEE's responsibility to
oversee the proper disposal of his/its waste matter, garbage, and refuse
in consonance with Presidential Decree No. 825. In case of violation
th€reof, the LESSEE shall be solely liable civilly and/or criminally;
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Whenever applicable, the sidewalks, entrances,
OBSTRUCTIONS
exits, passages, corridors, stairways and (if installed) elevator of the
building shall not be obstructed or used by the LESSEE for any purpose
other than for ingress and egress to and from the office or the building;
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HEAVY OBJECTS The LESSOR reserves the right to prescribe or
limit the weight of any heavy safe, equipment or other articles which
may be placed in the Leased Premises. The LESSOR shall also have
the right to designate the position or location for such heavy objects
within the leased premises for reasons of security and safety. No
portion of the leased premises or any part thereof shall be loaded in
excess of the load capacity of the flooring at 100 kilos per square foot;
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Contract of Lease between PMS and Milan Prestige Building FY 2020 ..............Page 3 of 6
Return the Leased Premises to the LESSOR at the expiration or
termination of this Contract of Lease by the parties free from any liens,
encumbrances or adverse claims, in good and tenantable condition as
when received except those caused by reasonable wear and tear as
result of the use of the Premises in accordance with the terms of the
lease; and
To repair, by surrender date, any damage occasioned to the LEASED
PREMISES for which the LESSEE is responsible and that is not the
consequence of ordinary wear and tear.
COMPLIANCE WITH RULES AND REGULATIONS. The LESSEE shall
comply with all reasonable rules and safety regulations promulgated by the
LESSOR including rules, regulations, ordinances, laws and codes made by
the duly constituted authorities of the City or National Government arising
from or regarding the use, occupancy, sanitation, and safety of the Leased
Premises. Failure to comply with any of the rules, regulations, ordinances
and laws as above-mentioned shall make the LESSEE solely responsible
and liable civilly and/or criminally.
ACCEPTANCE OF PREMISESNISITORIAL RIGHTS. The LESSEE
accepts the Leased Premises in such a habitable condition and hereby
grants LESSOR rights to conduct inspection of the premises during office
hours, subject to prior arrangement with the LESSEE. The LESSEE shall
have the responsibility to provide fire extinguishers and other safety devices
and adopt all safety measures to avoid fire.
LIABILITY FOR SUITS, ETC. The LESSEE shall indemnify and hold
harmless the LESSOR against all actions, suits, damages and claims by
whomsoever that may be brought or made by reason of violation, nonobservance or non-performance by the LESSEE of applicable laws,
ordinances, rules and regulations of the government or any of the covenants
or breach of contract or agreement which the LESSEE may have with third
parties in relation to the operation of its business, use, care, maintenance of
the premises under the lease.
ORDINARY REPAIR. Before the actual turnover of the Leased Premises,
LESSOR may undertake all ordinary and necessary repairs to improve the
functional and/or aesthetic value of the premises. After delivery of the
premises to the LESSEE, all repairs, ordinary and necessary, and
improvements shall be for the LESSEE'S account and could be effected
only after securing prior written approval of the LESSOR and subject to the
regulations as may be implemented by the management.
SUBLEASE/ASSIGNMENT OF LEASE. It is understood that the leased
premises shall not be assigned, subleased to third person/s without the
written consent of the LESSOR.
The LESSEE shall bear the
TELEPHONE FACILITIES.
provision/installation of any telephone lines and the use of the same shall be
at LESSE'S expense and accountability.
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Contract of Lease between PMS and Milan Prestige Building FY 2020 ..............Page 4 of 6
11. UTILIIIES/FACILITIES. All charges for water, electricity, telephone, etc.
used by the LESSEE shall be defrayed by or for the account of the
LESSEE.
12. INSURANCE POLICY. The LESSEE may, at its option, secure fire
insurance on the Leased Premises, the benefits of said fire insurance shall
accrue in favor of LESSEE.
13. DESTRUCTION OF PROPERTY BY FORCE MAJEURE
TOTAL DESTRUCTION In the event that the Leased Premises are
totally destroyed or rendered wholly unusable for the purpose due to
force majeure or fortuitous event without negligence on the part of
LESSEE, whether insured against or not, this lease contract shall be
deemed ipso facto extinguished and LESSEE shall pay only the
remaining rental on a pro rata basis up to the date of the fortuitous
event/force majeure;
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PARTIAL DESTRUCTION If the destruction or untenantability of the
Leased Premises is partial, based on similar circumstances as letter (a)
hereof, the LESSOR shall undertake the necessary repairs of the
Leased Premises within 45 days or to proportionally reduce the rental,
at the option of the LESSOR.
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14. EXPROPRIATION PROCEEDING. In the event that expropriation
proceedings are instituted during the period of this lease by any government
entity with authority to exercise such power and as a result of which the
LEASED PREMISES become no longer useful for the purpose of the lease,
any of the parties may rescind this contract upon giving the other party thirty
(30) days written notice thereof. In case of such expropriation, the LESSEE
hereby UNCONDITIONALLY relieves and releases the LESSOR from any
and all liabilities under the contract in connection or arising out of such
expropriation proceeding on account of damage done or caused to it or its
properties.
15. EXPIRATION OF PERIOD/TERM. Upon expiration of the period of lease,
and without the parties mutually agreeing to renew the lease contract within
the period specified herein, the lease contract is automatically terminated
without prior written notice to LESSEE. LESSEE shall peacefully vacate the
premises and surrender possession of leased premises to LESSOR;
otherwise, LESSEE binds itself to pay the monthly rental stated herein, as
reasonable compensation for the use of the premises, without prejudice to
any court action which the LESSOR may take against LESSEE;
16. LITIGATION. All actions under this contract of lease shall be brought before
or instituted in the proper court of Calamba City, Laguna, to the exclusion of
all other courts.
17. REPRESENTATIONS AND WARRANTIES. The LESSOR represents and
warran:s that it has full legal title to the Leased Premises and so long as the
LESSEE is not in default in the performance of any of its obligations,
covenants, or undertaking in this Contract, the LESSEE shall peacefully and
quietly have, hold and enjoy the Leased Premises for the term hereof, free
from molestation, eviction or disturbance by the LESSOR or any person/s or
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Contract of Lease between PMS and Milan Prestige Building FY 2020 ..............Page 5 of 6
partylies claiming any right of any kind whatever to the Leased Premises or
any other person or party whatsoever;
NON-WAIVER OF RIGHTS. The failure of either party 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 rights, privileges or remedies
that the party may have herein, nor shall it be construed as waiver of any
subsequent breach or default of the terms, conditions and covenants hereof.
Waiver of any rights, privileges or remedy hereunder shall be in writing and
signed by the party concerned;
BINDING EFFECT OF CONTRACT. This lease contract shall be binding
upon all heirs, legatees, assigns, executors and administrators of both the
LESSOR and LESSEE. This Contract may not hereafter be modified or
altered except by another instrument in writing duly signed by the parties
hereto.
AUTHORIZED SIGNATORY. The LESSOR and LESSEE warrant that their
respective signatories are authorized to sign for and in their behalf and to
enter and execute this Contract of Lease.
MUTUALITY OF CONTRACT. The LESSOR and LESSEE bind themselves
to respect the terms and conditions of this lease contract with utmost good
faith and in accordance with existing laws rules and regulations.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures at
the place and on the date first above-written.
PRESIDENTIAL MANAGEMENT
STAFF
MILAN PRESTIGE BUILDING
By:
By:
JENNY G. DELA CRUZ
ANA MARIA A. CADENA'i
Assistant SecretarY 7
,
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SIGNED IN THE PRESENCE OF:
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Contract of Lease between PMS and Milan Prestige Building FY 2020 ..............Page 6 of 6
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
Cityof
)S.S.
UIJEZONCI
BEFORE ME, a NOTARY PUBLIC for and in the City of
2020, personally
FEB 1aif
Philippines, this
ae'1&i he following persons with their respective competent evidence of
identities set out after their names, to wit:
NAME
ANA MARIA A. CADENA
JENNYGDELA CRUZ
ID NO.
GOVERNMENT ID
PMS ID No. 010
2021I0Y/10
5()lb
Known to me and to me known to be the same persons who executed the
foregoing instrument and acknowledged to me that the same is their free and
voluntary act and deed and that of the organization or company they represent.
This instrument, which refers to the 'Contract of Lease" consisting of six
(6) pages including this page where this Acknowledgement appears, has been
duly signed by the parties on each and every page thereof.
WITNESS MY HAND AND SEAL on the date and place first
abovementioned
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ATRç214JV. 13OLIVtR
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Doc. No.SPage No.35
Book No. VW
Series of 2020.
IBP O .R. Nc
PIR O .R. N o
MCIE H. vI.Q
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vc
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No.
3,ifli I 1; 129-?1.uJ
until 04114,1221 Quzon City
Addss: 31F Harvard Si. Ct:bao, Q.C.
038