[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:
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 meters consisting 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
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. 13618176 issued at Quezon City
on January 9, 2002, and Hon. Presbitero J.
Velasco, Jr. with Community Tax Certificate No. 12205489 issued at Manila
on 3-13-02
who 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