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[A.M. No. 02-5-12-SC.July 2, 2002]
RE: CONTRACT OF LEASE BETWEEN SC & THE CITY OF MLA.
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JUL 2 2002.
A.M. No. 02-5-12-SC(Re: Contract of Lease Between the Supreme Court and the City of Manila Over the Latter's MWSS Building.)
The Court Resolved to NOTE and CONFIRM the Contract of Lease executed by the MWSS and this Court, represented by Court Administrator Presbitero J, Velasco, Jr., over the MWSS Building at Arroceros Street, Manila, to house some branches of the MeTC of Manila, to wit:
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Lease, made and entered into in the City of Manila, National Capital Region, Metro Manila, Philippines, this 28th day of May, 2002, by and between:
The METROPOLITAN WATER WORKS AND SEWERAGE SYSTEM (MWSS), a government corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with principal office at Katipunan Road, Balara, Quezon City, represented by its Administrator, ORLANDO C. HONRADE, hereinafter referred to as the LESSOR;
- and -
The SUPREME COURT OF THE PHILIPPINES, with present address at Padre Faura Street, Manila, represented by the Court Administrator, Honorable PRESBITERO J. VELASCO, JR., hereinafter referred to as the LESSEE,
W I T N E S S E T H :
1. That the LESSOR is the owner of a parcel of land located at #176 Gat Antonio Villegas St. (formerly Arroceros), Manila, known as Lot No. 1A, Block 304, Psd-12841 covered by Transfer Certificate of Title No. 51485 of the Office of the Registry of Deeds for the City of Manila, with a four-story building erected thereon;
2. That the LESSOR leases to the LESSEE the above described parcel of land and its building with a total floor area of 4,544.55 square metersconsisting of the ground floor, mezzanine, 2nd, 3rd, and 4th floors, for a term of five (5) years, at the monthly rate of One Hundred Fifty Pesos (P150.00) per square meter or a total monthly rental of SIX HUNDRED EIGHT-ONE THOUSAND SIX HUNDRED EIGHTY-TWO AND 50/100 PESOS (P681,682.50) payable within the first ten (10) days of each month;
3. That upon the expiration of five (5) years, the lease shall be renewable every year by mutual agreement of the Parties;
4. That, should a party decide to terminate the lease before its expiry date, the Terminating Party shall notify the other party in writing of its intention to terminate this Contract sixty (60) days before such termination and that, after the end of said period, the Contract shall be deemed terminated;
5. That this Contract is executed for the sole purpose of allowing the LESSEE the use of the premises exclusively for office purposes;
6. That the LESSOR has complied with all city, building, fire and sanitary ordinances and regulations and pertinent laws and that the LESSEE shall continue and maintain the LESSOR's duties and obligations relative thereto;
7. That the LESSEE agrees to undertake the following obligations:
a.To maintain the clean and sanitary condition of the premises at its expense and for that purpose, allow representatives of the LESSOR to inspect the leased premises at any time during working hours;
b.To pay expenses for light, water, telephone and other public utility services including those for the repair and maintenance of the elevator on the leased premises;
c.To provide, at its expense, garbage receptacles in the leased premises as may be required by city ordinances;
d.To prohibit entry in the leased premises of any inflammable goods, materials, or articles that may expose the leased premises to fire or increase fire hazard or the rate of fire insurance thereon;
e. To secure the LESSOR's written consent before assigning or leasing the whole or part of the premises;
f.To put up, if necessary for its purposes, covered parking spaces at its expense;
g.To remove, at the termination of the lease, all furniture, fixtures, office equipment and other properties that it may have brought into the premises provided that improvements introduced therein with the LESSOR's consent, may be removed only if such removal will not damage, deface, or contribute to the deterioration of the leased premises; and
h.To vacate the property and restore possession thereof to the LESSOR in as good condition as at the time of delivery to it, ordinary wear and tear excepted.
8. The LESSOR agrees to undertake the following obligations:
a.To see to the LESSEE's peaceful possession and utilization of the leased premises;
b.To ensure that all city, building, fire and sanitary ordinances and regulations and other pertinent laws have been complied with before the premises are turned over to the possession of the LESSEE;
c.To allow the LESSEE free and exclusive use of adequate parking space in the premises and the right to put up a covered parking space therein;
d.To pay all taxes on the lot and its building, if any, as well as insurance premiums during the lease;
e.To visit the premises through its authorized representative during reasonable hours of the day to ensure that the terms and conditions of this Contract are faithfully complied with; and
f.To allow the LESSEE to transfer to the said premises all its furniture, office equipment, books, and other office requirements within ninety-day period from the signing of this Contract, and during which period the LESSEE shall not be liable to pay the monthly rental.
9. The PARTIES agree that:
a.They shall comply with the covenants and stipulations set forth in this Contract and that, should either one of them violate such covenants and stipulations, the aggrieved party shall have the right to rescind this Contract at any time and for which reason, it shall be entitled to consequential damages;
b.The duty to maintain and repair the premises shall be governed by Articles 1654 and 1658 of the Civil Code and other applicable legal provisions, unless otherwise agreed upon by the PARTIES;
c.This Contract shall be deemed rescinded whenever by reason of conflagration, flood, fire, earthquake, or other fortuitous cause, the building shall become totally destroyed and unfit for office use, and that such occurrences shall free the LESSOR from any responsibilities to the LESSEE;
d.Upon the termination of this Lease, the LESSEE shall remove all furniture, fixtures, office equipment and other properties brought into the premises by the LESSEE subject to observance by the LESSEE of its obligation under Paragraph 7 (g) of this Contract; and
e.Any controversy arising from the interpretation and implementation of this Contract shall be submitted to Arbitration under the provisions of Republic Act No. 876.
IN WITNESS WHEREOF, the PARTIES have hereunto set their hands at the place and date first above written.
METROPOLITAN WATERWORKS�������� SUPREME COURT OF THE
AND SEWERAGE SYSTEM (MWSS)���� PHILIPPINES
By:������������������������������������������������������������������������������ By:
(Sgd.) ORLANDO C. HONRADE�������������������������� (Sgd.) PRESBITERO J. VELASCO, JR.
Signed in the Presence of:
____________(Sgd.)__________����������������������� _______________(Sgd.)________
A C K N O W L E D G E M E N T
Republic of the Philippines� )
______________________���������� ) s.s.
BEFORE ME, this _ 3rd _ day of __June__ 2002 in ______________ Philippines, personally appeared Engr. Orlando C. Honrade with Community Tax Certificate No. 13618176issued at Quezon Cityon January 9, 2002, and Hon. Presbitero J. Velasco, Jr. with Community Tax Certificate No. 12205489 issued at Manilaon 3-13-02who are known to me as the same persons who executed the foregoing Contract of Lease consisting of five (5) including this page on which this Acknowledgement appears and acknowledged to me that the same is their free and voluntary act and deed, as well as those of the institutions they respectively represent.
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above written.
(Sgd.) ATTY. EDEN T. CANDELARIA
Deputy Clerk of Court and
Chief, Administrative Officer
(Quisumbing, J., is on leave.)
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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