CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS: This Contract Contract of Lease, Lease, made and entered entered into this ____ day of February, 2013 by and between: XIULI XIULI MENG, MENG, Chin GRACIA V. Chinese ese citiz citizen en,, of of legal legal age, age, repre represen sented ted by GRACIA TALAVERA with postal address at No. 2282 Corner A. Francisco Street Agua Marina Street San Andres Bukid Manila, hereinafter referred to as the “LESSOR”,
-ANDTETSUJI YAMADA , Japanese Citizen, of legal age, with postal address at 2-2501 Qualia Akanabe 905, Akanabe Ono, Gifu City of Japan, hereinafter referred to as the “LESSEE”,
WITNESSETH WHER WHEREA EAS, S, the LESSO LESSOR R is the the absol absolute ute and and regist register ered ed owner owner of a One Bedroom Unit; 35-20-22, situated in Birch Tower Residences covered with an area of 42.00 square meters, more or less. WHER WHEREA EAS, S, the the LESS LESSEE EE desi desire ress to leas leasee the the abov abovee-de desc scri ribe bed d prop proper erty ty (hereinafter referred to as the “Leased Premises”) and the LESSOR is willing to lease the same unto the LESSEE subject to the following terms and conditions: NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants herein contained, the LESSOR does hereby lease, let rent and deliver by way of lease unto LESSEE the leased premises, with Two (2) Air conditioning, window type and Split Type, Rangehood, Water Heater, subject to the terms and conditions: 1. The lease shall be for a guaranteed period of One (1) year commencing on March 01, 2013 expiring on February 28, 2014. 2. The lease may be renewed only by express written agreement of the parties under such items and conditions as may be agreed upon. Under no circumstances can a renewal or extension be considered as having been made implied. 3. The monthly rental for the property including the association dues shall be THIRTY THOUSAND PESOS (Php30,000.00) per month. The LESSEE shall pay Two Two (2) (2) months advance and Two (2) months Security Deposit for a total of ONE HUNDRED TWENTY THOUSAND PESOS ONLY ONLY (Php120,000.00), The rest of balance of Ten (10) months payment will be through post dated checks . The LESSOR further agrees to pay for the all other condominium dues as billed by the Condominium Corporation except, for electric, water, cable, internet, and other utilities stipulated in Section Eight (8) of this contract. This lease shall be for a period of One (1) year, to commence on and to expire on renewable for another period of upon mutual agreement under the same terms and conditions. 4. The The secu securi rity ty depos deposit it in the the amou amount nt of SIXT SIXTY Y THOUS THOUSAN AND D (Php60,000.00), equivalent to Two (2) months.
PESO PESOS S ONLY ONLY
5. The said security deposit shall be used to cover payment for damages that may occur within the vicinity of the unit or amounts that may be due in favor of the LESSOR at the end of the term of the lease. Any remainder or excess in the deposit and/or advance rentals shall be returned to the LESSEE within thirty (30) days after the LESSEE shall
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have vacated and delivered the leased premises to the LESSOR under the terms of this contract as of the time of the said termination or expiration.
6. The LESSEE hereby expressly agrees and warrants that the premises shall be used LESSEE is not allowe allowed d to exclusiv exclusively ely for residen residential tial and for no other other purposes purposes.. LESSEE sublease the unit. unit. LESS LESSEE EE shall shall likew likewise ise compl comply y with with all all laws, laws, ordin ordinanc ances es and and regulations of the National or Local Government, such as but not limited to ordinances and regulations on health, fire, and police clearances. LESSEE shall not use the leased premises for any unlawful, improper, immoral or offensive purpose. 7. The LESSEE shall obtain approval from the LESSOR prior to making alterations to the premises, if deemed necessary. It is further understood that all and any alterations and/or improvements on the leased premised shall be for the account of the LESSEE. 8. All monthly billings of water, electricity, internet, landline, cable subscription and other utilities shall shall be for the account account of the LESSEE. And if, in case the LESSEE, LESSEE, shall fail to pay the the said utilities for Two and and Half Half (2 1/2) 1/2) months months delay, will be given a Fifteen (15) days grace period to settle the said utility bills, and if not the Administrative Office will have the right to cut the said utility automatically, as per approved and advised of the LESSOR. 9. Any and all improvements made or introduced by the LESSEE on the leased premises, shall become the property of the LESSOR upon expiration of this contract without any need of any compensation to the LESSEE. 10. The LESSOR shall therefore, at its own expense and option, provide insurance or security measures inside the leased premises to protect any and all of its properties agains againstt losse lossess and and damag damages es that that may may be cause caused d to said said proper propertie tiess from from theft, theft, fire, fire, earthquake, or other natural calamities and unforeseen events. 11. The LESSEE shall not directly or indirectly sublease, assign or in any way encumber its right of possession and lease over the leased premises. It is expressly understood and agreed upon by the parties that the personal character of LESSEE constitutes and is a special consideration and inducement for the granting of this lease by LESSOR; and consequently, any violation, direct or indirect of any of the stipulations thereof shall be sufficient cause for LESSOR to judicially terminate this contract. 12. Upon the expiration expiration or termination of this lease, and provided LESSEE is not then in default in the performance of any of the terms, conditions, covenants and agreements herein contained. LESSEE may remove at its own expense, all of its trade or professional fixtures and other equipment as excluded in paragraph 9 hereof. 13. It is expressly understood and agreed that time is of the essence in the performance of each provision in this contract. If default, if in case the LESSEE shall fail to pay the said rent for One (1) month delay there will be given a Fifteen (15) days grace period to settle the said payment of the rent and other outstanding obligations, but that late of payment a penalty charges of 3%, again if the LESSEE defaults on breaches any of terms, conditions and covenants of this Contract, then the LESSOR shall have the right to declar declaree this this contr contract act termi terminat nated ed and and the the lease lease prem premise isess padlo padlock cked ed pendi pending ng legal legal proceedings to be instituted by the LESSOR. For the loss of key, a penalty charge of One
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been incurred by reason of the breach by the LESSEE. 15. The LESSOR undertakes that in the event of a sale or transfer of the leased premises to a third party, the LESSOR shall disclose this Contract to said third party and impose as a condition for such sale or transfer that the third party shall respect the terms and conditions of this Contract.
16. This contract may not hereafter be modified or altered except by a written instrument duly signed by the parties hereto. 17. Any action or suit between the parties arising out of this Contract shall be heard with the courts of Manila.
IN WITNESS WHEREOF, the parties have hereunto set their hands on this ______ day of ________ 2013 in the City of Manila.
XIULI MENG (LESSOR)
TETSUJI YAMADA (LESSEE)
GRACIA V. TALAVERA Attorney-in-fact
SIGNED IN THE PRESENCE OF:
___ _______ ________ ________ _______ _______
____ _______ ________ ________ _______ ______
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES) CITY OF MANILA ) S.S.
Name
Passport No/Res. Certificate Number
Place & Date Issue
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with notarial seal. WITNESS MY HAND AND SEAL on the date and place first above written.
Doc. No. ________ Page No. ________ Book No.________ Series of 2013.