Lease Contract
Lease Contract
REYCY KHAN, Filipino, of legal age, married to Nasser Ahmed Khan, represented by
his father , GODFREY JABAGAT DINGAL SR., a resident of Sibulan, Negros Oriental,
Philippines, herein after called LESSOR.
That, EZ Cash Lending Inc., represented by its Executive Director, MA. THERSA G>
CATIPAY, Filipino citizen , of legal age, married with postal address at #35 Lopez Jaena St.,
Cebu City, herein after referred to as the LESSEE.
WITNESSETH: THAT;
WHEREAS, LESSOR is the owner and possessor of Khan Commercial Arcade, situated
Barangay Tubtubon, National Highway, Sibulan, Negros Oriental, Philippines.
WHEREAS, LESSEE, offers to lease stall no. 2 of building One of its business and
LESSOE accepts said offer;
NOW THEREFORE, be it known by these presents that LESSOR and LESSEE forge
this lease agreement under the following terms and conditions:
1. TERMS AND CONDITIONS – The current lease for the above stated stall/ shop is
EIGHTEEN THOUSAND ONE HUNDRED FIFTY PESOS (Php 18,150.00) and
shall be for period of One (1) year from January 1, 2019 up to December 31, 2019.
The lease is renewable at the option of the LESSOR for which 10% is agreed yearly
will be added as obligation fees form the LESSEE to the LESSOR , wherein the
LESSEE cannot object if and when these property will be sold in good price to the
future buyer.
2. PAYMENT TERMS – Upon signing of this contract, the LESSEE shall pay to
LESSOR:
a. ADVANCE RENTAL: The LESSEE shall give to the LESSOR upon the
execution of this contract, the amount equivalent to two (2) months rental
amounting to THIRTY SIX THOUSAND THREE HUNDRED PESOS (Php
36,300).
b. SECURITY DEPOSIT: The LESSEE shall give to the LESSOR upon the
execution of this contract, additional security deposit in the amount One
Thousand Six Hundred Fifty Pesos (Php 1,650.00) that will be added to the
previous deposit amounting Sixteen Thousand Five Hundred Pesos
(Php16,500) equivalent to ONE (1) MONTHLY RENTAL with the total
amount of EIGHTEEN THOUSAND ONE HUNDRED FIFTY PESOS(
Php18,150) to guarantee the faithful performance by the LESSEE of the terms
and conditions and covenants herein stipulated in this contract. The said
security deposit shall, therefore , only be applied to the payment of any
monthly rentals due or unpaid during the period of this lease, especially a
month prior to expiration of the period of lease, or when the LESSEE decide to
vacate the leased premises, after deducting there form the amount of damages
suffered by the LESSOR and /or their property, the amount of the unpaid water
and/or electric bills and such other obligations of the LESSEE. In other words,
the security deposit is NON-REFUNDABLE BUT CONSUMABLE.
c. The LESSEE shall issue Ten (10) Months postdated checks dated every 1st day
of the month starting Oct. 1, 2019 until Dec 31, 2019 in the total amount of
ONE HUNDRED EIGHTY ONE THOUSAND FIVE HUNDRED PESOS
(Php 181,500.00) ONLY to the payee, KHAN COMMERCIAL ARCADE.
d. The LESSEE is permitted to parked their service vehicles only at the frontage
of the lease shops but allowed also to parked at the vacant space ground area or
the cemented road of the east /west portion of Khan Commercial Arcade with
affordable parking fees.
4. PUBLIC SERVICE UTILITIES – During the term of the Lease, the LESSEE shall
pay and defray any and all cost of water, electricity, telephone, cable internet and all
other services connected to the LEASED PREMISES, to include BIR Rental Taxes
and surcharges, and shall comply with any sanitary, municipal or provincial orders of
the whatever kind of nature directed against and/ or pertaining to the LEASED
PREMISES. The LESSEE agrees to furnish the LESSOR copies of the payment on
all utility bills on a monthly basis.
The LESSEE shall bear all the minor repairs such as but not limited to the following
repair expenses :Replacement of light bulbs and fuses, breakage or loss of faucet
handles, drawers or cabinet full catches, key lock, toilet seats and water closets
covers, electrical switches, outlet leaks and damaged door knobs and others which
does not exceed the amount of FIVE THOUSAND PESOS ( Php 5,000.00) in any
single cases. It is understood that the costs of repair shall not be cumulative and the
afore- stated amount of Php 5,000.00 shall pertain only one particular kind of repair.
In making repairs, the LESSEE agrees to maintain the quality of fixtures and
appurtenance of the LEASED PREMISES.
9. REAL; STATE TAXES AND INSURANCE – All real state taxes and government
assessment, new or existing, as well as fire insurance for the Leased Premises
including the structure and furnishings and stocks inside the Leased Premises shall be
for account of the Lessee.
10. SUB- LEASED AND/ OR TRANSFER OF RIGHT – Without the Lessor’s prior
written approval, the Lessee is absolutely prohibited from selling, ceding, assigning
or otherwise transferring his/ her leased hold rights over Leased Premise. It is further
expressly agreed that if, at any time during the term of its lease, he Lessee sublets or
allows or permit the Leased Premises to be occupied in whole or part by any other
person, firm , or corporation.
11. THIRD PERTY LIABILITY – The Lessee, during its occupancy of the Leased
Premises, shall hold the Lessor free and harmless from any damage or liability or
responsibility to any person or property arising out of or as a consequence of the use
of the Leased Premises by the Lessee, or its agents, employees, domestic helpers,
clients and guest when such damages or liability is caused by Lessee’s violations.
12. INJURY OR DAMAGE – The lessee hereby assumes full responsibility for any
death, injury, loss or damage caused, suffered and sustained on its person or property
or in the person or property of any third person in or about the Leased Premises, and
binds itself to hold the Lessor harmless and free from claim for any such injury or
damage from whatsoever.
a. The presence of bugs, ants, termites, insects, if any, in the LEASED PREMISES,
treatment for pest control of the units shall be the responsibility of the LESSEE.
b. The failure of water and/ or electricity supply, if the cause is due to the LESSEE
or to circumstances beyond control of the LESSOR, or;
c. Any injury, loss damage which the LESSEE’s employees, visitors, players and
clients that might sustain on their property belongings or on other crimes.
d. Any damaged done or occasioned by or arising from the plumbing , gas, water,
and/ or pipes damages caused by water coming through the roof or otherwise
leaks coming from walls or beam connections or from any source or for any
cause, nor from any damages arising from acts or negligence of the LESSEE or
all the third persons. However, in the event of any fortuitous events or acts of
Good, such as typhoons, earthquake, floods, etc. then the LESSEE and the
LESSOR the same not liable.
14. JUDICIAL RELIEF AND PENALTY – That should the LESSOR file the civil action
for the pay the LESSOR amount of no less than THREE (3) MONTHS additional rent
as liquidated damages plus actual damages suffered the LESSOR, and a minimum of
25% of the collectable amount as Attorney’s fees but in no case less than Sixty
Thousand Pesos (Php 60,000.00) . In case of appearance at a minimum of Three
Thousand Pesos (Php 3,000.00) per appearance plus cost of suit, and the venue of
action shall be held in the City of Dumaguete, Hall of Justice, Province of Negros
Oriental with the cost of documentation shall be shouldered by the LESSEE.
IN WITNESS WHEREOF, the parties have hereunto set their hands this
__________ day of January 1, 2019 in Sibulan, Negros Oriental, Philippines.
________________________ ___________________________
ACKNOWLEGMENT
BEFORE ME, on this _________ of January 1, 2019, appeared the affiants with their
respective I.D’s Nos.
GODFREY JABAGAT DINGAL SR. – LTO Prof Driver’s License No. GO2-77-013457 and
WILSON B. LADION –
known to me and to me known to be the same persons who executed this foregoing instrument
which they acknowledge ad their own voluntary act and deed. This instrument consist of Three
(3) pages including this page where the acknowledgement is written and sign by the foregoing
parties and their instrument witnesses on each and every page thereof.
WITNESS MY HAND AND SEAL on the day and place above written.
Doc.No .___________
Page No.___________ Notary
Book No.___________ Valid