SOP Exhibits
Title
:
Warehouse Lease Contract
SOP Number :
GM-WH03
Republic of the Philippines
Quezon City
WAREHOUSE LEASE CONRACT
KNOW ALL MEN BY THESE PRESENTS:
This Contract, made and entered into this__________ day of ___________, 198___ at __________________, Philippines by and between:
The NATIONAL FOOD AUTHORITY (NFA), a government agency duly created under the law and by virtue of P.D. 1972 with principal office and place of business at Matimyas Building, 101 E. Rodriguez, Sr. Avenue, Quezon City, Philippines represented herein by its Regional Director _______________________________,
Region ______, herein referred to as LESSOR.
- a n d -
________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
herein referred to as LESSEE.
W I T N E S S E T H:
WHEREAS, LESSOR represents and warrants that it is the true, lawful and absolute owner, possessor or administrator of the following properties more particularly described as follows:
________________________________________________________________________________________________________________________________
________________________________________________________________
Document(s) of the evidence(s) of lawful and absolute ownership, possession or administratorship of the aforementioned property is/are hereto attached as Annex(es)______;
WHEREAS, LESSEE desires to lease the above property or a portion thereof (
describe the portion to be leased out
) located at (
state exact address and location
) to be utilized as storage of materials/commodities subject to rules and conditions specified herein:
NOW, THEREFORE, for and in consideration of mutual covenants and stipulations hereinafter set forth the parties do hereby agree as follows:
I. OBLIGATIONS OF THE LESSEE
1. To utilize/use the warehouse/premises for storage of grains and other commodities/materials;
2. To pay the rent for the duration of this contract in the amount of __________
____________________(P________), Philippine Currency, per calendar month and/or proportionate part thereof, within the first seven (7) days of the current month at NFA office at _____________________.
3. To deposit the amount equivalent to one (1) month rent if duration of lease is three (3) months or less and to deposit the amount equivalent to a minimum of two (2) months rent if duration of lease is more than three (3) months. The deposit shall be payable before the specified period of lease and shall answer for any damage/prejudice caused to NFA warehouse, facilities, and articles contained thereat. However, upon termination of the lease, the deposit shall be returned to the lessee in case no prejudice/damage is caused to lessor.
4. In case of partial lease, the lessee shall at its own expense and with the consent of the lessor install the necessary partition to separate/delineate the boundary lines within the warehouse and likewise to prevent encroachment upon another's portion. The lessee shall have the right to dismantle/remove the same upon termination of the lease and all improvements therein introduced shall be understood to remain always as property of the lessee, provided, however that if the removal would result into the destruction of the property to which it is attached, the improvements shall therefore inure to the benefit of the lessor.
5. To provide own security for total/partial leased warehouses including facilities thereat.
6. The lessee shall not assign or transfer its rights under this Contract nor sub-lease all or any part of the leased premises without the prior consent of the lessor.
7. The lessee binds itself to maintain the leased premises and all improvements thereon, including all the electrical and water connections, as well as the plumbing facilities, in good condition and shall keep the same in good repair.
8. The lessee agrees to immediately surrender the leased premises in good condition without any delay whatsoever, upon the termination or expiration of the lease contract.
II. LIABILITIES OF THE LESSEE
1. The lessee shall be held liable for damages to NFA stocks/premises/compound should the same be destroyed/damaged from any cause whatsoever attributable to him/her, his personnel and clients.
2. The following services namely: electricity, water, telephone shall be for the account of the lessee in case of whole warehouse/compound rented, or cost to be inputted/prorated in case of partial leased warehouses.
3. Violation of the terms and conditions hereof, lessee shall be liable for liquidated damages in the amount of not less than 25% of the total annual rental involved in this contract or 5,000 whichever is higher, without prejudice to other damages and expenses that NFA may suffer as a consequence of such breach.
III. OBLIGATIONS OF THE NFA
1. The NFA shall provide the warehouse/premises for storage of grains and other commodities/materials.
2. The NFA shall institute control in the entry and exit of lessee's vehicles/personnel and customers in case of partial lease or total leased warehouse located inside NFA compound.
3. The NFA shall undertake necessary repair(s) of the property leased should the same be destroyed from any cause whatsoever not attributable to lessee to protect the stocks/properties of the latter from theft and/or exposures from the elements.
IV. SPECIAL PROVISIONS
1. The Lessor, thru its duly authorized representative, shall have the right at anytime to conduct inspection of the materials/commodities being kept by the lessee or for any purpose which he may deem necessary for the operation or maintenance of the building or its installation.
2. The Lessee shall use the leased premises only in accordance with the purpose for which it is intended. The lessee shall not bring or store into the leased premises any highly inflammable, explosive, hazardous or obnoxious substances/materials which may expose the leased premises to fire or which may effect, destroy or depreciate the quantity, quality or value of the grains and other food stocks of the lessor, in case of partial lease. Likewise, other materials with spillages and residues which cannot be easily removed should not be stored therein.
3. This contract shall be deemed terminated upon violation of any provisions hereof by either of the parties. However, the parties shall have the option to terminate the same for any reason whatsoever upon a thirty (30) day prior notice to the other party.
4. That in case of court litigation arising from breach of this Contract, the lessee shall be liable for litigation expenses, attorney's fees and cost of suit equivalent to twenty five percent (25%) of the amount involved in the litigation.
V, PERIOD OF LEASE
That this lease be in full force and effect from _________________ to __________________ and renewable on a monthly/yearly basis under the terms and conditions acceptable to both parties, provided that a notice of renewal is given thirty (30) days before the expiry date of this contract.
VI. VENUE OF ACTION
Actions arising out of or relating to this Contract shall be filed with any of the competent courts at the option of the Lessor.
IN WITNESS WHEREOF, the parties hereby affixed their signatures on the date and place first above written.
NATIONAL FOOD AUTHORITY
By:
_________________________ ___________________________
Regional Director Lessee
W I T N E S S E S:
____________________________ ____________________________
A C K N O W L E D G M E N T
(For Lessee)
Republic of the Philippines)
Quezon City ) S.S.
X----------------------------------X
BEFORE ME, Notary Public, for and in _____________________________
__________________________________, Philippines, personally appeared this ____________________ day of __________________________ in his/her official capacity as lessee, with Residence Certificate No. ___________________ issued at _____________________ on __________________, 19_____, known to me to be the same person who executed this foregoing Warehouse Lease Contract consisting of seven (7) pages including the two pages of which the acknowledgments are written, signed by the party and his/her instrumental witness on each and every page hereof, and the party acknowledged the same to be his/her respective free and voluntary act and deed, as well as that of the entity he/she represents.
_________________________
Notary Public
Until Dec. 31, 19_________
PTR No. _______________
Issued at _______________
on _______________, 19__
Doc. No. ________
Page No. ________
Book No. ________
Series of 19______