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Republic of the Philippines CITY OF SANTA ROSA

Province of Laguna

OFFICE OF THE SANGGUNIANG PANLUNGSOD EXCERPT FROM THE MINUTES OF THE 14TH REGULAR SESSION OF SANGGUNIANG PANLUNGSOD OF CITY OF SANTA ROSA, LAGUNA HELD ON WEDNESDAY, APRIL 8, 2015 AT THE CLUB HOUSE, GOLDEN CITY SUBDIVISION, BARANGAY DILA, CITY OF SANTA ROSA, LAGUNA.

Presents:

1. Hon. ARNEL DC. GOMEZ - Vice-Mayor, Presiding Officer 2. Hon. MA. THERESA C. AALA - SP Member 3. Hon. LUISITO B. ALGABRE - SP Member 4. Hon. ERIC T . PUZON - SP Member 5. Hon. ANTONIA T. LASERNA - SP Member 6. Hon. PAULINO Y. CAMACLANG, JR. - SP Member 7. Hon. PETRONIO C. FACTORIZA - SP Member 8. Hon. RAYMOND RYAN F. CARVAJAL - SP Member 9. Hon. LAUDEMER A. CARTA - SP Member

Absent:

1. Hon. MYTHOR C. CENDANA - SP Member (On Leave) 2. Hon. EDWARD FERNANDITO S. TIONGCO - SP Member (OB) 3. Hon. RODRIGO B. MALAPITAN - SP Member, ABC President

(OB)

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RESOLUTION NO. 82-2015 (Motioned by the Committee on Laws and Government)

A RESOLUTION granting authority to City Mayor Arlene B. Arcillas to sign the Renewal of Contract of Lease with Mr. Herman Benedict B. Hernandez for the lease of parcel of land with improvements at Block m9, Lot 2, Bayshoreville Subdivision, Barangay Sinalhan, City of Santa Rosa, Laguna to be used as Day Care Center.

UNANIMOUSLY APPROVED.

CERTIFICATION:

I hereby certify to the correctness of the above quoted resolution.

Certified Correct:

ARNEL Df{OMEZ City Vice-Mayor

CYNTHP.GOMEZ Secretary to ~ e Sang. Panlungsod

5/F City Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049)530-0015 Local 5100-5104

userbisyong Makatao, Lungsod na Makabago"

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CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This Contract ofL~ase is hereby entered into by and between:

The HERMAN BENEDICT B. HERNANDEZ, of legal age, Filipino citizen, married, and with residence and postal address at Block 9, Lot 2, Bayshoreville Subdivision, Barangay Sinalhan, City of Santa Rosa, Laguna, hereinafter referred to as the LESSOR;

-and-

THE CITY GOVERNMENT OF SANTA ROSA, LAGUNA, a public corporation duly established and existing by virtue of the laws of the Republic of the Philippines, with office address at New City Hall, J.P. Rizal Boulevard, City of Santa Rosa, Laguna, duly represented herein by its City Mayor, Hon. ARLENE B. ARCILLAS, hereinafter referred to as the LESSEE.

WITNESS ETH:

WHEREAS, the LESSOR is the true and lawful owner of a parcel of land, with improvements, situated at Block 9, Lot 2, Bayshoreville Subdivision, Barangay Sinalhan, City of Santa Rosa, Laguna, and covered under Transfer Certificate of Title No. T - 537707 with the Registry of Deeds of Calamba, Laguna;

WHEREAS, -the LESSEE is desirous of leasing and has offered to lease the above­. mentioned parcel of land, with improvements, of the LESSOR, to which offer the latter has agreed to lease the same to the former.

NOW, THEREFORE, for and in consideration of the foregoing premises and the undertakings the parties hereby assume, the LESSOR hereby lets and leases unto the LESSEE the above-mentioned parcel of land, with improvements, subject to the following terms and conditions, to wit: · ·

1. The Lease shall be for a period of TWELVE (12) months, commencing on January to December 2015. The LESSEE shall give a written notice at least ONE (1) week before the expiration of the original period herein agreed upon of its option or desire to renew the lease to the LESSOR;

2. The LESSEE shall, for the use and occupancy of the leased premises, pay the LESSOR a monthly rental at the rate of THREE THOUS.AND FIVE HUNDRED PESOS (Php3,500.00), Philippine Currency, which shall be collected by the LESSOR from the LESSEE at the New City Hall, City of Santa Rosa, Laguna;

'--. -; '•

3. Upon the signing of this Contract, the LESSEE shall give to the LESSOR as ADVANCE RENTAL for ONE (1) month and SECURITY DEPOSIT equivalent to TWO (2) months rent amounting to ten thousand five hundred pesos (Phpl0,500.00). It is understood that the l_atter shall be answerable for unpaid electricity and water bills and other liability of the LESSEE after the termination of this contract, if any, and any excess amount thereafter shall be returned to the LESSEE;

4. The LESSEE shall use the leased premises exclusively for and as Barangay Day Care Center and not for any other purpose, up.less otherwise with the consent . of the LESSOR. Moreover, the LESSEE shall not bring in, store, keep or maintain thereat anything inflammable or explosive in nature which shall be a fire hazard to the leased premises; nor shall install "therein any machine or apparatus which shall disturb or annoy the neighborhood, and any liability or liabilities arising from the violation of this provision shall be the responsibility and liability of the LESSEE;

5. The LESSEE shall not .make any alteration, improvements or addition to the leased premises, without the written consent of the LESSOR first being obtained, and such addition, if allowed shall become part of the leased premises, except those which can be removed without damage to the same at the termination and/or expiration of the term of this agreement or its extension, if there be any;

6. The LESSEE cannot sublease, in whole or in part, the leased premises without the written consent of the LESSOR, provided that should the sublease be allowed, the same shall not extend beyond the period herein agreed upon or its extension, if there be any, and such authority shall not release the LESSEE of its obligations under this contract. The rights and privileges herein_ established unto . and in favor of the LESSEE cannot be assigned, transferred, conveyed or otherwise encumbered, without the written consent of the LESSOR;

7. The LESSEE shall be responsible for all the acts and omissions of their guest and other persons that it would allow access to the leased premises;

8. The LESSEE shall, at any reasonable time of the day, permit or allow the LESSOR or any of her authorized representatives to enter and view the · leased premises to see and examine the same and to make such repairs as may be necessary for the preservation and protection thereof;

9. The LESSEE agrees to obey and observe all rules and regulations, law and ordinances promulgated by the duly constituted authorities of the Republic of the Philippines and/or its instrumentalities and/or subdivisions appurtenant of this agreement;

10. All rates and charges which may become payable for electric, water, telephone, and other like services used in the leased premises during the full term of this agreement, or its extension, if there be any, shall be for the account and shall be paid for the LESSEE;

. ., C'.

11. It is hereby expressly agreed upon by the parties herein that if any of the parties hereto violates or fails to comply with the stipulations, conditions, agreements or covenants of this agreements, the aggrieved party shall have the right to declare this agreement or contract terminated, without prejudice to the right of the aggrieved party to claim for damages at the proper forum. In case of pre-termination of this contract on reasonable grounds therefore, the party intending to pre-terminate this contract shall give notice of such pre-termination to the other party at least TIDRTY (30) days in advance;

12. Nothing in this agreement shall bar the application of any laws, ordinance, resolutions, order or policy existing, or in the future might be adopted and enforced by the national or city governments, or any component authority, which is hereby understood to be part and parcel of this agreement;

13. In case of conflict between the provision of this contract and said law, ordinance, resolutions, order or policy, the latter shall prevail, except when the latter shall result to the impairment of the obligation of contract;

14. All Judicial actions arising from this contract shall be brought exclusively before the Municipal Trial Courts in Cities of Santa Rosa City, Laguna or the Regional Trial Court in Bin.an, Laguna, as the case may be.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures herein below this day of at the City of Santa Rosa, Laguna, Philippines.

Lessor

Q '=1

CITY OF SANTA ROSA, LAGUNA Lessee

By:

ARLENE B. ARCILLAS City Mayor

SIGNED IN THE PRESENCE OF:

R.S.W CSWD-Head

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REPUBLIC OF. THE PlfilIPPINES ) PROVINCE OF LAGUNA ) S.S. CITY OF SANT A ROSA )

ACKNOWLEDGEMENT.

BEFORE ME, a Notary Public for and in the Province of Laguna, personally appeared the following with their Valid I.D. Nos., to wit:

Herman Benedict B. Hernandez

Arlene B. Arcillas

known to me arid to me known to be the same persons who executed the foregoing instrument pertaining to a Contract of Service, consisting of four (4) pages, including this page whereon this Acknowledgment is written, and they acknowledged before me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL on the date and at the place first above written.

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