CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Lease, made and entered into by and between:
FEMS INTERNATIONAL (PHILS.) LTD., INC. a corporation duly organized and
existing under and by virtue of the laws of the Republic of the Philippines, with office address at
3/F Fems Tower I Bldg., 1289 Zobel Roxas Avenue, Malate, Manila, represented in this act by its
Managing Director, DEVIDASS P. SAHIJWANI, hereinafter referred to as the LESSOR:
And
WELCOME EXPORT INC., with address at Dimayuga Compound, Cabrera St. Bo.
Dolores Taytay Rizal , represented by its Corp. Secretary , YOGESH D. SAHIJWANI ,
hereinafter referred to as the LESSEE;
WITNESSTH that:
WHEREAS, the LESSOR is the owner of the certain building known as Fems Tower I
Bldg., located at No. 1289 Zobel Roxas Avenue, corner, South Super Highway, Malate, Manila,
hereinafter referred to as the LEASED PREMISES.
WHEREAS, the LESSEE desires to lease the portion of 3 rd floor and 4th floor of said
Fems Tower I Bldg. with a total area of 720 sqm
NOW, THEREFORE, for and in consideration of the payment of rent and of the
compliance of the terms and conditions herein contained, the LESSOR has agreed to lease and
rent, to the LESSEE, and the LESSEE hereby accept that portion of the building situated at the 3 rd
floor and 4th floor of Fems Tower 1, Zobel Roxas , Malate Manila thereof under the following
terms and conditions;
I. PERIOD OF LEASE
1. The period of this lease shall be for 5 years beginning January 05, 2020 and
expires on January 04, 2025..
2. There shall be no automatic or implied renewal of this contract. Any tolerance on the
part of the LESSOR shall not be deemed a waiver of the termination date of this
contract.
3. The lease maybe renewed under the terms and conditions mutually agreed upon by
the parties, provided that the notice of intent to renew is given either party to the
other at lease ninety (90) days prior to the expiration of this lease and the parties
execute a renewal lease agreement not later that thirty (30) days prior to the date of
expiration of this lease.
II. RENTAL
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1. The LESSEE shall pay to the LESSOR a monthly rental of PESOS: TWO
HUNDRED FIFTY THOUSAND PESOS (P250,,000..00) only , Philippine
Currency at the office of the LESSOR or its duly authorized collection agent, within
the first five (5) days of each month without necessity of demand, it being understood
that in case of default of the LESSEE in the payment of rental if and when the same
becomes due and payable, the amount of rental owing shall bear interest at the
current rate per annum, to be computed daily from the date of such default until fully
paid, without prejudice to the right of the LESSOR to terminate this contract and
eject the LESSEE.
2. There will be no annual rental increase for the duration of contract.
III DEPOSIT
1. Upon the execution of this contract, the LESSEE shall pay an amount equivalent to
two ( 2) months advance rental which is applicable to the first 2 months of the
contract and two (2) months deposit to answer for any of its obligation under this
contract without interest less whatever account which the said LESSEE might then be
owing to the LESSOR. The remaining amount will be given back sixty (60) days
after the contract expires without interest.
IV BREACH OR DEFAULT
1. In the event that the LESSEE fails to pay any sum required to be paid under this
contract on the due date thereof, the LESSOR shall have the right and the LESSEE
agrees to padlock or install any device which would manifest closure of the Leased
Premises under the following procedures:
a) A written notice of such padlocking will be sent to the listed address of the
LESSEE or maybe posted in the door of the leased premises.
b) The notice shall contain the time and date of said padlocking and shall request
the presence of the LESSEE or his authorized representative. Padlocking shall
not be made earlier than ten (10) days from notice or when rentals due are paid
up to date.
c) If the LESSEE or his duly authorized representative fails to be present on the
appointed day, it is hereby understood that it waived its right to be present and
the padlocking shall proceed to be implemented by the LESSOR or his duly
authorized representative.
d) Thereafter, the LESSOR may proceed on the disposition of properties of the
LESSEE in the Leased Premises in accordance with the procedures as provided
for in Section VII hereof.
e) The LESSEE covenants and holds the LESSOR free from all liabilities
respecting the closure of the Leased Premises, including any loss of property or
deterioration of perishable within the Leased Premises.
V PRE-TERMINATION OF LEASE
The LESSEE may terminate this lease prior to the end of the term, subject to the
satisfaction of all the following conditions:
1. The LESSEE shall give the LESSOR at least ninety (90) days prior written notice.
2. The LESSOR forfeit the (2) months security deposit as.penalty.
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VI TERMINATION OF LEASE
The LESSEE agrees to return and surrender the Leased Premises at the expiration of the
terms of this lease, together with the keys pertaining thereto, in as good condition as
Leased Premises were found at the commencement of this lease reasonable wear and tear
excepted without delay whatsoever devoid of all occupants furniture and fixtures, articles
and effects of any kind other than such alterations improvements which the LESSOR
elects to retain pursuant to Section IX of (1).
If the Leased Premises are not surrendered at the expiration of the term, the LESSEE
shall be responsible therefore and will indemnify the LESSOR against any damages
caused thereto and any all claims made by any succeeding tenant against the LESSOR
resulting from delay by the LESSOR in delivering possession of the Leased Premises to
such succeeding tenant, so far as such delay is occasioned by the failure or negligence of
the LESSEE.
VII ABANDONMENT OF LEASED PREMISES
Should the Leased Premises be completely closed for business or unused for thirty (30)
consecutive days without prior notice of closure was furnished in writing to the LESSOR
by the LESSEE, or any violation by the LESSEE of any terms or conditions of the
contract which is a cause for the termination of said lease, the LESSOR may at its option
and sole discretion consider the premises abandoned and the Contract of Lease
terminated without further notice to the LESSEE. In the event of such abandonment, the
LESSOR shall have the right to enter the Leased Premises, take custody of furniture,
fixtures and equipment’s and in the presence of police (or similar i.e. Barangay, City
Sheriff or its duly authorized representative) officials, take an inventory of any and all
furniture, effects and/or materials found within the Leased Premises, and place them in
storage. Any furniture and/or effects removed from the Leased Premises and placed in
storage shall be considered as taken under constructive pledge and maybe disposed of by
the LESSOR under the applicable provisions of law. Any proceeds from the sale thereof
shall be applied to the LESSEE’S unsettled obligations. The remedy of the LESSOR
under this Section VII shall be without prejudice to any other remedy, which the
LESSOR may have under this contract or under any applicable law.
VIII PURPOSE/USE OF PREMISES: PROHIBITION TO SUB-LEASE
The LESSOR agreed to the LESSEE to sub-lease the Leased Premises subject of
this Contract, either wholly or partly without the express consent of the LESSOR .
1. The premises hereby leased shall be used by the LESSEE for office /warehouse
purpose for which the LESSEE is organized. .
2. The LESSEE shall not permit or suffer the Leased Premises to be used for any
purposes in violation of national laws or city ordinances, rules and regulations. The
LESSEE shall also keep the said premises in safe, clean and wholesome conditions
all in accordance with laws and city health ordinances, rules and regulations.
In using the Leased Premises, the LESSEE shall faithfully comply with the following
conditions:
1. The LESSEE shall not allow any tower to be installed on top of the machine room,
affix, inscribe or paint any notice sign or other advertising medium on any pat of the
inside or outside of the Leased Premises except on prior written consent from the
LESSOR;
2. The LESSEE shall not bring into nor store in the Leased Premises any inflammable,
combustible or explosive goods or materials nor articles which the LESSOR may
prohibit nor bring articles or pursue any trade or occupation which may expose the
building to any hazard (fire, earthquake, and the like). The LESSEE shall be held
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liable for all damages the LESSOR may suffer through any act or omission of the
LESSEE.
3. Without the prior written consent of the LESSOR, the LESSEE shall not use the
corridors, balconies, and patios of the building except as passageways or aisle to go
in and out of the Leased Premises. The LESSEE shall not drive, nails, screws, hooks
or other abutments on the walls, frames or other portions of the building nor in any
manner deface or damage any part of the Leased Premises. Any injury or damage
caused by LESSEE on the Leased Premises under this sub-paragraph shall be for the
account and paid for by the LESSEE upon the LESSOR’S demand.
4. The LESSOR reserves the rights to prescribed or limit the weight of any machinery,
safe, equipment and or articles the LESSEE may want to place in the Leased
Premises. The LESSOR shall have the right to designate their positions or locations
of such objects specifically on the upper (second, third and upwards) floors.
5. The LESSEE shall at its own expense, keep and maintain at all times within the
Leased Premises at least one (1) serviceable fire extinguisher for every 100 square
meters of rentable area, sufficient to cope with any exigency taking into account the
nature and volume of things/goods found or contained within each 100-square-meter
space.
IX CONDITIONS OF PREMISES: ALTERATION, USE:
1. The LESSEE acknowledges receipt of the premises herein leased in their present
state and condition. Alterations and additions may be built by the LESSEE on the
Leased Premises only after the consent of the LESSOR is secured in writing and any
such improvements so constructed by the LESSEE shall if so elected by the
LESSOR, form integral parts of the Leased Premises and shall not be removed there
from but shall belong to and become the exclusive property of the LESSOR without
an right on the part of the LESSEE for reimbursement as to cost or value. If the
LESSOR does not elect to retain such improvements or alterations, he may require
the LESSEE at the termination of this lease to restore the Leased Premises or any
other
portion thereof to their original conditions at the commencement of this lease.
2. The LESSEE hereby agrees and binds itself to undertake at its expense minor repairs
as maybe required to maintain the leased premises in good state or condition. Any
provisions of law, present or future or any stipulations in this agreement to the
contrary notwithstanding. Major repairs shall be for the account of the LESSOR. It
is hereby understood that all repair works in excess of TEN THOUSAND PESOS
(P10,000.00) shall be considered major. It is likewise understood that the LESSEE
shall not start or proceed with any works in the Leased Premises without the prior
consent of the LESSOR is secured in writing.
3. The LESSEE shall maintain the leased premises in a clean and sanitary condition and
shall not install within the leased premises any apparatus which may produce noise or
any other appliances which may disturb the other LESSEE of the building or
otherwise be a nuisance thereat.
X LIABILITY FOR DAMAGES
1. The LESSOR shall not be liable for damages to goods or property in or upon or about
the leased premises or for injuries to persons and/or about the said premises caused
by the LESSEE or by third parties and the LESSEE agrees to indemnify and hold
harmless the LESSOR from any and all responsibilities on account of any such
damage to goods and property, or any such injuries to persons.
2. The LESSEE further agrees to pay and defray at its own expense any damage to the
premises caused by the negligence or default of said LESSEE or by its representative,
agents, employees and servants or guests.
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3. The LESSOR shall not be liable for any damages or injury by water or otherwise to
any merchandise or property upon the premises.
XI COMPLIANCE WITH LAWS, ORDINANCE, ETC.:
The LESSEE shall provide itself at its own cost with receptacles which city ordinances
require for use on waste matter, garbage, trash and refuse and shall deposit them within
his own premises or at places as may be designated by the LESSOR.
XII INSPECTION OF PREMISES
The LESSEE shall allow the LESSOR or its authorized representatives free access to the
premises leased during any reasonable time of the day for the purpose of examining the
same or to make any additions, repairs or alterations on said premises which the LESSOR
shall deem necessary.
XIII OTHERS
1. The LESSOR shall:
a) Provide the LESSEE with keys to leased premises and for the use of sanitary
fixtures of the building.
b) Maintain and provide to the LESSE in the premises leased free use and services
of the stairs and elevators, the cleaning and lighting at night of the passageways
and corridors of the building, provided that the LESSOR shall not be held
accountable for any deficiency in such services due to circumstances beyond its
control.
c) Include in the directory of the building in the main entrance of the ground floor
the name of the LESSEE and the floor number to its office.
2. The LESSOR shall furnish at its own expense Janitorial services to those portions of
the building which are common public uses. Janitorial services inside the leased
premises shall however be for the Lessee’s account.
3. The LESSOR shall furnish at its own expense, 24 hours security services to guard the
building premises but the LESSOR shall not be held accountable or liable for any
loss or losses that may be suffered by the LESSEE in the leased premises by reason
of theft, burglary, robbery, and other crimes. LESSEE shall have the option of hiring
additional security guards for the leased premises, provided that all costs to be
incurred shall be for its sole account.
4. The installation of additional electrical outlet for telephone, telexes, etc., within the
leased premises shall be for the account of the LESSEE and shall require prior
written consent of the LESSOR. Such installation should be made in such a way as
to cause no injury or damage to the leased premises, provided, however, that in the
installation of additional electrical appliances such as water cooler, refrigerators,
fans, etc., wherein extra outlets will be needed, the LESSEE shall first furnish the
LESSOR with plans/diagrams for such additional outlets to enable the LESSOR to
refer the additional load with the capacity of the main switch on the corresponding
floor.
5. The LESSEE shall undertake at its option and expense its own insurance coverage for
the improvements, alterations and additions it will undertake or introduce in the
leased premises and for the personal property which maybe kept in the leased
premises.
6. The LESSOR shall provide two (2) parking space uses by the LESSEE at the
basement parking free of charge.
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7. The LESSOR shall allow some of the Lessee’s personnel to sleep on the leased
premises on some occasion provided a written request will be forwarded to the
LESSOR stating the date and the list of personnel allowed to sleep in the leased
premises.
8. It is further understood and agreed that non-indulgence or tolerance by the LESSOR
in the failure of the LESSEE to promptly and strictly perform and abide by the terms
and conditions covenants hereof shall be construed as a waiver of the Lessor’s right
to thereafter and in the future insist upon prompt and strict fulfillment and
compliance by the LESSEE with any, all or singular the terms and conditions,
provisions, restrictions and covenants thereof, and the omission of the LESSOR to
exercise any option or right reserved under this indenture shall not preclude it from
the exercise thereof at any default or breach by the LESSEE.
IN WITNESS WHEREOF, the parties have hereunto signed this document at Manila,
Philippines this ________ day of _____________ 2020
.
FEMS INTERNATIONAL (PHILS.)
LTD. INC.
DEVIDASS P. SAHIJWANI
LESSOR
WELCOME EXPORT INC.
YOGESH D. SAHIJWANI
LESSEE
SIGNED IN THE PRESENCE OF:
___________________________ ___________________________
REPUBLIC OF THE PHILIPPINES)
CITY OF MANILA ) S. S.
ACKNOWLEDGEMENT
BEFORE ME, the undersigned Notary Public in and for Manila, Philippines, personally
appeared:
FEMS INTERNATIONAL (PHILS.), LTD. INC., represented in this act by its
Managing Director, DEVIDASS P. SAHIJWANI, with TIN 101962462, and YOGESH D.
SAHIJWANI , Corp. Secretary with TIN , 211-306-028 known to me and to be the same persons
who executed the foregoing CONTRACT OF LEASE and acknowledged to me that the same is
their own free and voluntary act and deed.
WITNESS MY HAND NOTARIAL SEAL, on this ____ of _____________________,
2020 at Manila, Philippines.
NOTARY PUBLIC
Doc. No. ____
Page No. ____
Book No. ____
Series of 2020