CONTRACT OF LEASE

Know all men by these presents:

This CONTRACT OF LEASE executed on this January 13, 2017 in Cebu

City by and between:

ROSANNA D. CHUA, of legal ages, Filipino citizen and resident of 53-

A Mac Arthur Boulevard, Barangay Tinago, Cebu City, hereinafter referred to
as the LESSOR.

-and-

SHASTA B. TUI, of legal age, single, and a resident of 53 Mac Arthur

Boulevard, Barangay Tinago, Cebu City, Philippines, hereinafter referred to as
LESSEE.

WITNESSETH:

WHEREAS, THE LESSOR owns a lot and building located at 53-A Mac
Arthur Boulevard, Barangay Tinago, Cebu City.

WHEREAS, the LESSEE desires to lease the same for the purpose of
putting up an authorized LOTTO OUTLET.

NOW THEREFORE, the LESSOR leases unto the LESSEE and the LESSEE
accepts in lease the area and premises as above-described subject to the
following terms and conditions.

1. RENTAL RATE AND TERM OF THE LEASE:

The lease shall be for a period of One (1) year upon the approval by the
Philippine Charity Sweepstakes Office (PCSO) of the lotto application of
the LESSEE at the rate of TWO THOUSAND FIVE HUNDRED (P 2,500.00) per
month (inclusive of VAT) renewable at the option of both parties under the
terms and conditions to be mutually agreed upon. It is understood that
either party may at anytime terminate their agreement for any cause
whatsoever by giving at least two (2) months prior notice to the other.

2. CASH DEPOSIT:

The LESSEE, upon the execution of this Contract of Lease, shall make a
security deposit equivalent to six (6) months rental amounting to FIFTEEN
THOUSAND PESOS (P 15,000.00) ONLY. This amount shall be returned to the
LESSEE within 30 days from expiry or termination of the lease contract after
deducting whatever liabilities which may have been incurred during the
duration of this contract.

3. USE OF PREMISES:
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The LESSEE shall use the leased premises solely for conducting LOTTO
OUTLET authorized by the PHILIPPINE CHARITY SWEEPSTAKES OFFICE (PCSO).
It is likewise understood that the leased area can only be used for legal
and legitimate business.

4. CARE OF PREMISES:

The LESSEE shall, at her own expense, maintain the leased premises in a
clean and sanitary condition free from obnoxious odors, disturbing noises,
and other nuisances.

5. ALTERNATION AND ADDITIONS:

The LESSEE may introduce improvements, addition or make any

alternations in the leased premises provided such improvements do not
weaken the structure and are in accordance with all building and
commercial provisions of the codes of the City of Cebu.

6. RESTRICTIONS AND ADDITIONS:

The LESSEE shall not bring into or store in the leased premises neither any
flammable or explosive material nor any article which expose the leased
premises to fire or other perils.

7. LIABILITIES:

The LESSEE shall be responsible at all times for all acts done by his agents or
employees or by any other person entering the leased premises insofar as
enforcement of the provisions of this contract is concerned. Any damage
or injury to the leased premises or to the building arising from fault or
omission of the LESSEE, her agents, employees, or other persons who may
have gained access to the leased premises shall be the liability of the
LESSEE. The LESSOR may elect to have such damage or injury repaired for
the LESSEE’S ACCOUNT.

8. The LESSOR shall not be liable for any death, injury, damage or loss
which the LESSEE, her agent or employee, may suffer while in the leased
premises or in the building due to any cause whatsoever.

9. ELECTRICITY:

The LESSEE shall be responsible for payment of all its utility charges
including electricity and telephone.

10. ASSIGNMENTAND SUB-LETTING:

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The LESSEE shall not indirectly sublease, assign, transfer, convey, mortgage
or in any way encumber the right of lease over the leased premises of any
portion of it. The parties agree that the personal character of the LESSEE
and the nature of occupancy of the leased premises constitute special
considerations and inducements for granting of the lease by the LESSOR.

11. PREFERENTIAL LIEN:

The LESSOR has a preferred lien over the properties of the LESSEE in the
leased premises to answer for any obligations that the latter may be liable
at the end of the agreement.

12. DEFAULT:

The LESSEE agrees that all the covenants and agreement in this Contract
are essential to its validity and continuity. If at any time stipulated rental or
any part of it becomes in arrears or unpaid, or if the LESSEE fails or neglects
to perform or comply with any of the terms, conditions, agreements or
restrictions provided in this contract or if the LESSEE becomes bankrupt or
insolvent or compounds with his creditors, then in any such cases, the
LESSOR shall have the right to terminate and cancel this contract of lease if
the LESSEE fails to remedy the same within thirty (30) days from notice to
remedy, in such case, the termination shall be effective fifteen (15) days
after notice of termination is delivered at the leased premises.

13. Upon the termination and cancellation of the contract as above

provided or upon the expiration of the terms of the lease, the LESSEE shall
promptly deliver the leased premises to the LESSOR in the condition
provided in the Contract for the purpose of such delivery. The LESSEE
hereby irrevocably appoints and constitutes as her agents or attorney-in-
fact with full power and authority to enter the leased premises, when
necessary, to break it open, remove all personal properties found in it,
deposit the same in a bodega, and turnover the possession of the leased
premises to the LESSOR.

The LESSEE agrees to pay the costs of transfer and storage of the personal
properties mentioned. Further, the LESSEE hereby holds his above attorney-
in-fact free from any liability whatsoever arising from his exercise of power
and authority provided in this paragraph, indemnifying him (attorney-in-
fact) against any claim subsequently made by reason of this above acts.

14. At the termination of the lease for whatever cause, the LESSOR shall
reimburse itself out of cash deposit made for unpaid rentals, the LESSOR
shall deliver the residue of the deposits if any to the LESSEE, after it has
turned over the leased premises to the LESSOR. However, if the security
deposit is not enough, then the LESSOR has the right to hold and dispose
the personal properties of the LESSEE to satisfy the balance of the
obligation.

15. In the event the LESSOR elects to terminate the lease for violation of
any of the conditions of the lease, the LESSEE must vacate and surrender
the leased premises within the period demanded, otherwise, the latter will
be liable for every month of the current rental for every month of delay

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 until possession of the leased premises is completely restored to the
LESSOR.

16. HOLD-OVER:

If after this lease has terminated for any reason, the LESSEE continuous the
occupation of the premises with the consent of the LESSOR, the extension
of the lease shall be understood as running from month to month only,
under the same terms and conditions herein stipulated and may be
terminated by either party by written notice to served upon the party at
least thirty (30) days in advance of the date of such termination.

17. OTHERS:

The failure of the LESSOR to insist upon a strict performance of any of the
terms and conditions in the Contract shall not be deemed a relinquishment
or waiver of any subsequent breach or default of the terms and conditions
and covenant herein contained, which shall be deemed to have made
unless expressed in writing and signed by the LESSOR.

This Contract of Lease supersedes and renders void any and all
agreements and understanding, oral and written previously entered
between the parties covering the property leased, and this contract may
not hereafter be modified or altered except by instrument in writing duly
signed by the parties.

This contract consists of five (5) pages including the acknowledgment.

IN WITNESS WHEREOF, the parties have caused the instrument to be

executed on the date and place first above written.

ROSANNA D. CHUA SHASTA B. TUI

LESSOR LESSEE

Signed in the Presence of:

JOSE ABAD JOSEFA CRUZ

WITNESS WITNESS

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 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES}

CITY OF CEBU………………….} SS.

BEFORE ME, A NOTARY PUBLIC, for and in the City of CEBU, this 13TH day
of January 2018, personally appeared:

Name Number Issued on/at

ROSANNA D. CHUA SSS ID NO. 233 01-01-08; Cebu
SHASTA B. TUI SSS ID NO. 445 04-09-07; Cebu
JOSE ABAD SSS ID NO. 556 10-13-14; Cebu
JOSEFA CRUZ SSS ID NO. 778 03-09-12; Cebu

known to me to be the same persons who executed the foregoing instrument,

and they acknowledged to me that the same is their free act and deed.

This instrument, consisting of five (5) pages, including the page on

which this acknowledgement is written refers to a CONTRACT OF LEASE and
has been signed on the left margin of each and every page thereof by the
PARTIES and their two (2) disinterested witnesses named-above, who are not
related in any way, either by consanguinity or affinity to the LESSOR and
LESSEE, nor have any pecuniary interest in the matter whatsoever and sealed
with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand, on the 13th day of

January 2018 at my office located at No. 4, Oliva Perez (across Teo-Fel),
Junquera Extension, Brgy. San Antonio, Cebu City, Philippines.

Doc. No. 122 NOEL JOHN SOLIVEN DY

Page No. 24 Notary Public
Book No. XVI Notarial Commission No. 011-10
Series of 2017. Cebu City, San Fernando, Carcar;
Until 12-31-18
ROLL OF ATTORNEYS NO. 50138
IBP NO. 0982026; 12-31-2018; Cebu Chapter
PTR NO. 7690136; 12-31-2018; Cebu Province
No. 4 Oliva-Perez (Across Teo-Fel)
Junquera Ext., Brgy. San Antonio
6000 Cebu City, Philippines
Telephone No. 2541333
Email Address:
[email protected]

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