Leased Contract by syp15509


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									                                                                                Republic of the Philippines
                                                                                      Province of Quezon
                                                                          MUNICIPALITY OF GUINAYANGAN
                                                                     OFFICE OF THE MUNICIPAL MAYOR
                                                                         (042)3034063, Fax (042)3034063

                                    CONTRACT OF LEASE

        This Contract, made and executed by and between:

        The MUNICIPALITY OF GUINAYANGAN, QUEZON, represented by the Honorable Mayor MANUEL M.
BUTARDO authorized under Sangguniang Bayan Resolution No. 170-4, Ordinance No. 03 dated August 27,
2004 hereinafter referred to as MUNICIPALITY.


         ______________________________, Filipino, of legal age, single/married to _______________________ a
resident of ______________________________________ hereinafter referred to as the LESSEE.


        That the MUNICIPALITY is the owner of the New Guinayangan Public Market located at Barangay
Calimpak, Guinayangan, Quezon.

        That the MUICIPALITY grants and leases to the LESSEE and the latter accepts the lease of Stall No.
_______________ at Main Market Building, _________________ Section of the Guinayangan Public Market on
the following terms and condition, to wit:

        1.     That the term of this lease shall be ten (10) years to commence in ______________________
               renewable for another three (3) years at the option of both contracting parties.

        2.     That the possession or occupation of stall is a mere privilege subject to existing laws and
               ordinance and may be withdrawn if public interest so requires;

        3.     That this Contract of Lease shall be valid and existing for a period of time mentioned
               above provided no violation or breach of the condition herein stipulated is committed by
               the LESSEE and no laws or ordinances, rules and regulations are transgressed by the LESSEE;

        4.      That the rental per stall shall be _______________________ PESOS (P ______________) daily or
               ________________________ PESOS (P _______________) monthly payable daily or within the first
               seven (7) days of the month without need of demand. Default in payment of the rental
               due shall be valid ground for the revocation of the privilege to hold a stall and will mean,
               upon due notice, that the stall effected shall revert to the MUNICIPALITY. There is default if
               there is failure to pay any two (2) months rental due at the herein stipulated time.

        5.     That upon the execution of this contract, the LESSEE shall deliver and pay fifty percent
               (50%) of the Stall Rights Fee and pay 25% of the Stall Rights Fee upon occupancy and the
               remaining 25% to be paid in 6 equal monthly amortization.

        6.     That Said Stall Rights Fee is refundable/reimbursable to the stallholder/lessee if he decides
               to vacate and return his leased stall to the municipal government and only after a new
               occupant has paid in full his Stall Rights Fee for the vacated stall and upon submission of:
                           i. Notice to discontinue operation
                          ii. Surrender of his/her contract of lease and/or Certificate of Occupancy

        7.     That the premises leased have been received by the LESSEE in good habitable condition
               and the LESSEE shall used the leased premises solely for commercial or business purposes
               and in accordance with the market section in which the stall is assigned; and shall not sell
               or store explosives, flammable, offensive and obnoxious materials or merchandise.
8.    That all the ordinary repairs within the premises that may arise in the daily use of the
      facilities thereon shall be for sole account and expenses of the LESSEE, without right to

9.    That the LESSEE cannot sublease, sell or encumber the stall assigned to him by virtue of this
      Contract nor to allow anybody to use the same even temporarily no matter how short the
      time is.

10.   That the expenses for the electricity, light and water, assessed for the respective stalls shall
      be defrayed by the LESSEE. Electrical and/or water meter shall be placed or installed in
      the stall for the sole account and expenses of the LESSEE, without the right to
      reimbursement. No electrical and LPG stove and any device of such kind shall be allowed
      to be used in the premises.

11.   That the LESSEE shall be responsible for the observance of sanitary and electrical
      regulations required or imposed by the MUNICIPALITY or government authorities regarding
      the use and habitation of the leased premises.

12.   That the LESSEE shall notify the MUNICIPALITY at least thirty (30) days in advance should the
      LESSEE decide to abandon the leased premises.

13.   That while occupying or leasing the stall, the LESSEE, shall at all times have their Certificate
      of Award, DTI certificate, Mayor’s Permit and their picture and that of their helper(s)
      conveniently framed and hang up conspicuously in the stall.

14.   That the LESSEE agrees and binds himself to keep the stall and its surroundings in good
      sanitary condition and comply with all sanitary and market rules and regulations now
      existing or which may hereinafter be promulgated by the MUNICIPALITY.

15.   That the LESSEE agrees and binds himself and their employee(s) or helper(s) to exercise
      proper courtesy in dealing with the customer or the public.

16.    That the LESSEE agrees and binds himself not to engage in any unfair and harmful
      competition in the prices of goods, and to observe and adhere strictly to the maintenance
      of standardized reasonable prices of these goods with their co-dealers/vendors for the
      welfare and satisfaction of the consuming public or the community. The MUNICIPALITY
      shall extend its assistance and shall exercise its power in order to assure that unfair and
      harmful competition be avoided.

17.   That the LESSEE agrees and binds himself never to make any alterations and improvements
      or extensions (“excess”) of his stalls without the written consent of the MUNICIPALITY and
      any such alteration, improvement or extension (“excess”) made thereon shall become the
      property of the MUNICIPALITY and can be removed or demolished anytime by the
      MUNICIPALITY without obligation to reimburse to the LESSEE the cost of such alterations,
      improvements or extensions (“excess”).

18.   That the LESSEE agrees and binds himself to comply with the existing regulations and or
      which may be hereinafter be promulgated by the MUNICIPALITY regarding the placing of
      sign board or billboard or any form of advertisement in their stall.

19.   That any violation of the terms and conditions, the herein stipulated rules and regulations
      promulgated by the MUNICIPALITY shall be valid cause for the cancellation or revocation
      of this Contract and automatically the stall affected shall revert to the MUNICIPALITY.

20.   That the notice of cancellation, revocation, rescission or recall of this privilege to hold,
      occupy the stall herein defined shall be immediately effective and enforceable within
      thirty (30) days from receipt of the notice, if the same is not reconsidered by the

21.   Default and/or violation of any or some or all the terms and conditions herein above
      stipulated shall give right to the aggrieved and defaulted or violated party the right to
      rescind/cancel this Contract.

22.   In the event of rescission, cancellation, recall and/or revocation of the herein right to
      occupy stall, the LESSEE empowers the MUNICIPALITY upon due notice the right to padlock
      the stall affected and appoint the MUNICIPALITY as the Attorney-in-fact to offer public
      auction the goods inside the stall and the proceeds of the sale to be applied first to
      whatever obligation it owes to the MUNICIPALITY, if after satisfying this, there still remains
      any, same shall be given to the LESSEE.
        23.   Should the MUNICIPALITY be compelled to seek judicial relief against the LESSEE, the latter
              voluntarily undertakes and obligates itself to pay all litigation expenses and other damages
              the MUNICIPALITY could prove and the court would deem just and equitable.

        IN WITNESS WHEREOF, parties herein above named affixed their signature this _______ day of
____________________________, _______ at Guinayangan, Quezon.

MUNICIPALITY OF GUINAYANGAN, QUEZON                                  LESSEE

by:                                                                  by:

HON. MANUEL M. BUTARDO                                               __________________________________
Municipal Mayor

                                         Signed in the presence of

ADORACION T. CAPARROS                                                __________________________________
Municipal Treasurer

Republic of the Philippines     )
Province of Quezon              ) S.S.
Municipality of Guinayangan     )

        BEFORE ME, personally appeared Mayor MANUEL M. BUTARDO, of Guinayangan, Quezon, with
Community Tax Certificate No. __________________, issued at Guinayangan, Quezon on _________________,
and _____________________________ with Community Tax Certificate No. ______________, issued at
Guinayangan, Quezon on _____________________, known to me to be the same persons who executed
the foregoing document referring to the CONTRACT OF LEASE consisting of three (3) pages including this
page in which the acknowledgment is written and acknowledged to me that the same is their free and
voluntary act and deed.

       WITNESS MY HAND AND NOTARIAL SEAL this _________ day of __________________________, ______ at
Guinayangan, Quezon.

                                                                              Notary Public

Doc. No. ______________
Page No. ______________
Book No. ______________
Series of 200___________

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