Rental Contract Code
N.______________________________________________
Lessee:
.__________________________________________________________
Date:
.____________________________________________________________
The contracting parties of this rental contract acquire the rights and undertake the obligations that the present contract, the Regulations of Corabastos and the Code of Commerce impose in accordance with the following stipulations:
CLAUSE ONE. - SIGNATORIES: The Corporación de Abastos de Bogot S.A. "CORABASTOS", a Mixed Enterprise on the National Register, linked to the Ministry of Agriculture, constituted by public deed N. 4.222, 5 August 1970 signed before the Notar a Cuarta (4th) of the Circuito de Bogot, legally represented by its General Manager ____________________________________adult and resident in Bogot, identified by his national identity card N._________ issued on _____________and who will henceforth be referred to as the LESSOR on the one hand and on the other _______________adult and resident in Bogot identified by his signature at the foot of this contract, who will henceforth be referred to as the LESSEE, agree to the present contract.
CLAUSE TWO: SUBJECT: The LESSOR grants on lease, and in this capacity receives the LESSEE as tenant on .______________________________________________N.______ in located at with a surface area of metres, and contained within the following boundaries:
TO THE NORTH:
.______________________________________________
TO THE SOUTH:
._______________________________________________
TO THE EAST:
._________________________________________________
TO THE WEST:
.________________________________________________
TO THE ZENITH:
._______________________________________________
TO THE NADIR:
.________________________________________________
CLAUSE THREE. - PURPOSE: The property subject to this contract will be used exclusively for the sale of in conformity with the general objectives of CORABASTOS as expressed in its Statutes.
CLAUSE FOUR. - DURATION: This contract will have a duration of twelve (12) months as from 19.
CLAUSE FIVE. - RENEWAL: If the LESSEE has acquired the right for this contract to be renewed, in conformity with the stipulations of Article 518 of the Code of Commerce, the present contract will be renewed for a duration equal to that initially agreed. In this respect, providing notice is given thirty (30) days before the contract reaches its term, the contracting parties will be able to agree to new conditions for the duration and price to be applied under this contract.
PARAGRAPH
The new price agreed upon will not be inferior to a twenty percent (20%) increase on the previous rent, in accordance with the percentage of readjustment agreed to in clause Seven of this contract.
CLAUSE SIX. - PRICE: The value of the monthly rent will be $______________cash, to be multiplied by_______ square metres at a rate of $________per square metre. The LESSEE will pay monthly rent to the LESSOR in advance within the first ten (10) days of each month. Beyond this term of payment and until the 15th day of the month in question, the LESSEE will pay the LESSOR an interest of three percent (3%). Beyond this final term of payment, the LESSEE will be considered to have defaulted and the non-fulfillment of the contract will suffice for it to be terminated, the LESSEE having expressly renounced to the legal requirements.
PARAGRAPH
The mere tolerance on the part of the LESSOR of payments made after the 15 first days of each month will not justify the modification of the established terms of payment.
CLAUSE SEVEN. - READJUSTMENTS: The rent will be readjusted by twenty percent (20%) each time the contract is renewed expressly or tacitly.
CLAUSE EIGHT. - ESTABLISHMENT AND CESSION OF BUSINESS: The contracting parties recognize the LESSEE’s right to establish his business in the premises subject to this contract, as well as to carry out each and every valid legal act in this respect.
PARAGRAPH
In any case, the LESSOR reserves the right to authorize the cession of this contract and to be paid the corresponding cession premium. The contract may be transferred when the following requirements are fulfilled: BY THE TRANSFEROR: Complete and free access to all documentation and payment of all debts related to the commercial activity; BY THE TRANSFEREE: A guarantor of proven solvency who will replace the original guarantor, should the LESSOR authorize the transfer; two commercial references, one of which at least should be from an accredited user of Corabastos; one personal reference; an up-to-date legal certificate; a medical certificate; an authenticated photocopy of the business contract giving rise to the transfer. In order to guarantee the moral standing of the business and the rights of the LESSOR, any transfer of a rental contract that contravenes these stipulations automatically terminates the contract without any legal procedures being required, given that the LESSEE and the persons with whom the deal is made are jointly responsible as regards the LESSOR.
CLAUSE NINE. - SUBLETTING: Subletting carried out in conformity with Article 523 of the Code of Commerce will only be valid if previously and expressly authorized by the LESSOR in accordance with Clause Eight of this contract.
CLAUSE TEN. - REPAIRS: The LESSEE is obliged to carry out due repairs at his expense, in conformity with the Law and with the permission of the LESSOR.
CLAUSE ELEVEN. - IMPROVEMENTS: It is expressly forbidden for the LESSEE to make any form of improvements on the premises without prior permission from the LESSOR. If he makes them ignoring this requirement they will be considered part of the property, and the LESSEE will not be able to claim their possession or any compensation for the work undertaken.
CLAUSE TWELVE. - SERVICES: Electricity, water and sewage, telephone, security, cleaning and maintenance services will be supplied at the LESSEE’s expense. If these services are supplied in common, the LESSOR will establish payment procedures, quantifying the charges in proportion to the area rented and the rate of consumption, which the LESSEE will be obliged to respect.
PARAGRAPH
The non-fulfillment of this obligation will be considered a breach of contract and the LESSOR will be entitled to terminate it and reclaim his property. CLAUSE THIRTEEN. - BREACH OF CONTRACT: The nonfulfillment of any of the obligations contained in this contract will give rise to the termination of the contract and incur the payment of the financial penalty, in addition to the compensations due to non-fulfillment and penalties contained in the Regulations.
CLAUSE FOURTEEN. - FINANCIAL PENALTY: The non-fulfillment of any of the obligations contained in this contract will give rise to the imposition and payment of a sum equivalent to three (3) monthly rents as a penalty.
CLAUSE FIFTEEN. - REGULATIONS: The Regulations of Corabastos are incorporated in and form an integral part of this rental contract, and this is accepted by the LESSEE, who confirms that he knows and obeys them.
CLAUSE SIXTEEN. - RETURN: Upon termination of the contract, for whatever reason, the LESSEE will be obliged to return the premises to the LESSOR in the same conditions as he received them, including authorized improvements, without there being any need for eviction or any legal proceedings, to which he expressly renounces including any right to retain the property.
CLAUSE SEVENTEEN. - GUARANTEES: In order to ensure the fulfillment of this contract and the obligations that derive from it, the LESSEE must sign this contract with a guarantor of proven economic solvency, who will be jointly responsible with the LESSEE for all the obligations undertaken in the present contract, as well as those imposed by Law and the Regulations, not only as regards the main term, but also throughout the duration of any tacit extensions or renewals of the contract, until the property is returned to the LESSOR.
CLAUSE EIGHTEEN. - LEGAL COSTS: The costs of authenticating the signatures of this contract and its renewals, as well as the payment of the stamp duty, will be at the expense of the LESSEE.
CLAUSE NINETEEN. - This contract renews the contractual agreement that existed between the same contracting parties since 19_____. Signed in Bogotá at _____on _____19.
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THE LESSOR |
THE LESSEE General Manager |
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THE GUARANTOR |
