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IX LEASE
Form No. 4--Contract
of Lease of Hacienda
(Contract of Lease
of Hacienda)
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Lease made and entered into by
and between:
_____________, of
legal age, Filipino, (single / married /
widow), and a resident of
_____________, Philippines, (hereinafter referred to as the "LESSOR"),
- and -
_____________, of
legal age, Filipino, (single / married /
widow), and a resident of
_____________, Philippines, (hereinafter referred to as the "LESSEE");
W I T N E S S E T H
WHEREAS, the LESSOR is the
absolute and registered owner in fee simple of a parcel of land,
situated in the _____________,
Philippines, and more particularly described as follows:
(Technical Description of Property)
WHEREAS, the LESSEE desires to
lease the above-mentioned parcel of agricultural land with a total
plantable area of approximately
__________________________ (_________)
hectares which shall be the basis for the computation of the
rentals, under the terms and conditions hereinafter provided.
NOW, THEREFORE, for and in
consideration of the terms and conditions mutually agreed upon by
the parties, the LESSOR, his heirs, successors and assigns, hereby
convey of way of lease unto the LESSEE, his heirs, successors and
assigns, the above-described parcel of land, including the
improvements found and existing thereon, subject to the following
terms, conditions and stipulations, to wit:
PERIOD OF THE LEASE: This contract of
lease shall be for a period of
_____________ (______)
agricultural sugar crop-years, to commence with sugar crop-year
(C.Y.) _____________ up to and
including sugar crop year (C.Y.)
_____________, provided further that the LESSEE shall harvest
only _____________ times during the
term of this lease, otherwise the LESSEE shall pay rental pro rata
based on the period and hectarage without a need of court order.
RENTAL: The consideration of this lease
contract shall be an annual lease rental of
_____________
(_____) "LKG" per hectare
computed on the basis of actual hectarage planted to sugarcanes or
the amount is __________________________
(P_____________) per hectare.
The total hectarage is _____________
therefore the total yearly rental is
__________________________ (P_____________).
The sum of __________________________
(P_____________) will be the total
rental for this contract.
PAYMENT OF THE RENTAL: The sum of
__________________________ (P_____________)
will be due upon the signing of the contract.
TURN-OVER OF LEASED PROPERTY TO LESSEE:
The LESSEE shall permit the LESSOR or its authorized representatives
to take gradual possession of the leased premises as the C.Y.
_____________ standing crops are
being harvested by the LESSEE to enable the LESSOR to propagate and
cultivate the crops for C.Y. _____________.
The LESSOR shall deliver full physical possession of the leased
premises to the LESSEE upon the termination of this contract and
that all ratoon crops found therein shall inure to the benefit of
the LESSOR.
IMPROVEMENTS AND ALTERATIONS: The LESSEE
may with the written consent of the LESSOR build houses and other
structures in the leased premises which however shall not exceed
four (4) units for use of the LESSEE's or his management team to
include but not limited to the encargado and staff and if the LESSEE
so desires, structures for a small poultry, piggery or the like;
The LESSEE is also authorized to alter the
fields' divisions, roads, canals including its culverts provided
that such alteration will not result in the diminution of the
plantable area;
RIGHT OF INSPECTION: Since the LESSOR will
be operating a pumping station for the water needs of her other
farms, parties agree that the LESSOR or her duly authorized
representative shall have free access at all times to the leased
premises for the sole purpose of operating said pumping station and
the water-ways traversing through the leased premises;
REAL ESTATE TAXES, ETC.: The real estate
taxes and other land assessments over the leased premises shall be
for the exclusive account of the LESSOR while this lease is in
effect;
TERMINATION DUE TO FORCE MAJEURE, ETC.:
This contract was entered into by the parties in good faith and
under the assumption that no event or circumstances will obtain that
will make it extremely difficult or impossible for the LESSEE to
continue planting and cultivating the leased premises as intended
under this contract, therefore, in the event that the LESSEE feels
that his life is in danger, and/or that the peace and order
situation in the locality or region where the aforesaid parcel of
land is found or situated deteriorates to such an extent that it
would no longer be either feasible or possible to still plant or
cultivate sugarcane over the leased premises, or where the prices of
sugar make the operation of the farm no longer profitable, then the
herein parties are agreed that the LESSEE may preterminate this
lease by giving the LESSOR at least THREE (3) months prior notice,
provided that the LESSEE may still harvest his standing sugarcane
crops and the LESSOR is paid the pertinent rentals due thereon;
WARRANTY, RIGHT OF WAY. The LESSOR hereby
agree, by these presents that she shall provide and guaranty the
necessary right-of-way to the benefit of the LESSEE, including use
and access to common roads and other hacienda facilities and that
the LESSOR further warrants the peaceful possession and occupation
of the LESSEE over said parcels of lands or from eviction thereof.
AGRICULTURAL PRODUCT. That the LESSEE
shall devote the said parcel of land, subject matter of this
contract, to the cultivation of sugar cane or such other
agricultural products he may deem suitable and financially viable
and shall be free to introduce therein whatever improvements he may
deem proper and convenient, provided that upon the termination of
this contract, all improvements introduced therein by the LESSEE
shall remain and will inure to the benefit of the LESSOR.
MISCELLANEOUS. That in the event that any
provisions of Rep. Act No. 6657, otherwise known as the
Comprehensive Agrarian Reform Law of 1988, shall cover or be
implemented in the leased premises or any portion thereof, the
rental due shall be reduced in proportion to the area actually being
occupied by the LESSEE;
IN WITNESS WHEREOF, the parties have
hereunto set their hands this _____________
at _____________, Philippines.
LESSOR
LESSEE
SIGNED IN THE PRESENCE OF:
__________________ __________________
(ACKNOWLEDGMENT)
Form No. 5--Extension of Lease
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