LAND LEASE AGREEMENT สัญญาเช่าที่ดิน
THIS LAND LEASE AGREEMENT is made this day ___ of __ ______, 2011 สัญญาเช่า/ ที่ดินฉบับนี้ ทำขึ้นเมื่อวันที่ ........... เดือน...................... พ.ศ............
BY AND BETWEEN: ระหว่าง:
(1) _____, a Thai national with I.D card no. _____, residing at _____ Moo _____, Tambon _____, _____, Chiang Mai Thailand (date of birth ___ th of ____) hereinafter referred to as the 'Lessor'
AND
(2) _____, a _____ national carrying passport number ___, residing at _____ _____, (date of birth ___th of ____), hereinafter referred to as the 'Lessee'
WHEREAS:
(A) The Lessor is the owner of a plot of land as identified by _____ Land Title Deed number _____, Land number _____, book no. _____, page _____ in the size of _____ Rai, _____ Ngaan, ___ Talang Wah, located in Tambon _____, Amphur ___, _____ Province, Thailand ( hereinafter referred to as the 'Land') as shown in Schedule A attached hereto
(B) The Lessor wishes to lease the Land to the Lessee and the Lessee wishes to lease the land from the Lessor for an initial term of 30 years on expiry of which the Lessee shall have the option to renew such Lease for two further 30 year periods or the maximum allowed by Thai Law at that time (hereinafter referred to as the 'Term')
NOW THEREFORE, the parties hereby agree as follows:
1. Consideration
The Lessee agrees to pay to the Lessor the total sum of _____ Hundred _____ Thousand _____ Mlillion (_____) Thai Baht Per Year (the 'Price') to lease the Land from the Lessor for the Term. Such payment shall be made under the terms of the Payment Schedule attached hereto.
The Lessee agrees with the Lessor that any late payment of the Price shall be subject to interest at the rate of one point two five percent (1.25%) per month on whatever amount is in arrears until it is fully paid. In the event of late payment the Lessor shall issue a notice of default to the Lessee. In the case where the Lessee fails, without good cause, to make payment within ninety (90) days from the date of receipt of the notice, the Lessor shall be entitled to terminate this Agreement immediately and the Lessor shall forfeit all amounts that have been paid up to that date by the Lessee to the Lessor.
2. PURPOSE OF THE LEASE
The Lessee agrees that the use of the Land shall be for residential purposes only and agrees that there shall be built a residential housing complex on the Land.
3. LEASE TERM
3.1 The Term of the Lease shall commence on the date that the Lessor has completed the registration of this Lease Agreement.
3.2 The Lessor irrevocably and unconditionally represents and warrants that the Lessee shall, unless expressly stated otherwise and subject to the Lessees compliance with the terms and conditions herein and payment of the Price as set out in the Payment Schedule herein, have an absolute right after the expiration of the Lease Term to lease the Land for a further period of 30 (thirty) years or the maximum period as permitted by law for the time being by serving a notice of intention to renew in writing on the Lessor at least 60 (sixty) days prior to the expiration of the Lease Term.
3.3 Subject to the serving of the Lessee's notice in accordance with Clause 3.2 and the Lessee not being in breach of its obligations under this Agreement, the Lessor shall lease the Land to the Lessee for a further term of 30 (thirty) years or the maximum period as permitted by law.
3.4 In addition to the right to make the first renewal of the Lease under Clause 3.2, the Lessee shall be entitled to a second option to renew the Lease for a final period of 30 (thirty) years or the maximum period as permitted by law for the time being by serving a notice in writing on the Lessor prior to the expiration of the renewed Lease period under Clause 3.2.
3.5 For the renewal of Lease Term under Clauses 3.2 and 3.4, both parties agree to enter into a Lease agreement with a term of thirty (30) years each (or as is permitted by law), whereas the terms and conditions of this Lease Agreement shall be used for the new agreement with the deletion of Clause 1. It is hereby agreed that there shall be no further payments due as the Price shall cover the entire Lease Term however long it may be.
3.6 Other than the first and second Lease renewals specified in Clauses 3.2 and 3.4, no further lease renewal shall be allowed unless the renewal is made in accordance with terms set out by the Lessor in its absolute discretion.
3.7 All taxes duties and fees including but not limited to any and all expense s incurred in relation to the registration of the renewals of the Lease shall be borne solely by the Lessee.
3.8 During the Lease Term under Clause 3.1 and the renewed Lease term under Clauses 3.2 and 3.4, if the registration of the Lease is permitted by the relevant law for a period longer than 30 (thirty) years, the Lessor and the Lessee shall , within a reasonable period , proceed with the new registration of the Lease to reflect the longer period. The Lessee shall be responsible for all taxes, duties, fees and expenses incurred in connection with the new registration of the Lease.
3.9 At any time during the lease Term of the Lease, should the Lessee wish to upgrade the leasehold title to a freehold title, the Lessor shall unconditionally co-operate and render any and all necessary assistance to enable such upgrade and the Lessee shall bear all costs and expenses arising from such upgrade.
4. REGISTRATION
4.1 The Lessor shall complete the registration of the Lease within <> days of receipt of the first payment in accordance with the Payment Schedule.
4.2 All registration fees and duties in relation to the registration of the Lease of shall be borne solely by the Lessee.
5. LESSEES CONVENANTS
Throughout the Term, the Lessee hereby covenants with the Lessor as follows:
5.1 To use and occupy the Land solely and exclusively for the purposes set out in Clause 2 of this Agreement.
5.2 Not to use, nor permit the use of the Land, for any illegal or immoral purposes.
5.3 Not to create, nor cause to be created, any lien, mortgage or encumbrance of any kind whatsoever over the Land or any interest therein other than this Lease Agreement except for the sub lease and assignment set out in Clause 8 below unless written consent is given by the Lessor to the Lessee .
6. LESSOR'S COVENANTS
Throughout the Lease Term the Lessor hereby covenants with the Lessee as follows:
6.1 That the Lessor is the legal owner of the Land and has the right, without any restriction, to lease the Land to the Lessee.
6.2 That the Lessee observing and performing all covenants and conditions herein contained, shall peacefully hold, possess and enjoy renting and using the Land in accordance with Clause 2 without any interruption whatsoever by the Lessor.
6.3 That the Land is not subject to any encumbrance of whatever nature and further that the Lessor will not mortgage or otherwise create a liability with or against the land either in whole or in part during the Term.
6.4 In the event that the Lessor sells the Land during the Term to someone other than the Lessee the Lessor covenants that the purchaser shall take the Land subject to this Lease Agreement and any renewal of it.
6.5 That the Lessor has received a building or construction permit for the House to be built.
6.6 That the Land has access to the public road whether directly or through a private road and the Lessee is entitled at all times to use such access and enjoy the use of the Land and further that the access will be certified on registration of this Lease
7. LIMITATION OF LESSOR'S LIABILITY
The Lessee shall not hold the Lessor nor its officers, servants, employees or agents liable in any way in respect of any injury, damage, loss of business or other liability whatsoever suffered by the Lessee or any other party howsoever caused, in particular, but without limitation, caused by or through or in any way owing to:
(a) Any interruption of services resulting from necessary repair or maintenance;
(b) By damage or destruction by fire, water, Act of God, Force Majeure, or other causes beyond the Lessors control; and
(c) The act, neglect or default of other Lessees tenants or occupants or their employees, contractors, visitors or invitees.
8. SUBLEASE ASSIGNMENT
8.1 The Lessee may sub-let the Land during the Term and agrees that the sub-lessee shall be bound by all the terms and conditions contained herein.
8.2 The parties agree that in the case where the Lessee sells the rights to the Land and/or assigns/transfers all rights and obligations under this Agreement to any third person (the Transferee), the Lessee shall arrange for the Transferee to enter, sign and execute all documents, applications, deeds or agreements which may be required by law and the Lessor.
9. TERMINATION AND DEFAULT
It is hereby agreed as follows:-
9.1 If the Lessee shall become bankrupt or shall enter into liquidation or if the Lessee shall enter into an arrangement or assignment to/or for the benefit of the Lessee's creditors or shall suffer any distress or execution to be levied on the Lessee's goods, then, and in any of the said events, the Lessor may at any time thereafter, immediately terminate this Agreement and enter the Land and it is agreed that this Agreement shall be terminated.
9.2 Upon termination, the Lessee agrees that the Land shall revert to the Lessor and the Lessee agrees to execute all necessary documentation required by the Lessor to effect the change in ownership.
10. INDEMNITY
The Lessee shall indemnify the Lessor from and against all actions, proceedings, demands, costs, expenses, liabilities and claims whatsoever brought by other tenants or occupiers of the Land and any other third parties in respect of any liability caused by or arising from acts, negligence or default of the Lessee or its employees, servants, contractors, agents, licensees, visitors or invitees.
11. WAIVER
The Lessor's failure to take action against the Lessee for non-performance of any term of this Agreement shall not be construed as a general waiver or relinquishment of any such right, term or condition. Notwithstanding the Lessor's consent to the Lessee's performance or omission of any acts contrary to those mentioned herein, such consent shall be deemed consent granted for the particular case and not for all or any others incurred thereafter.
Should the Lessor for whatever reason delay or not enforce any provision or exercise any of its rights herein stipulated, such delay shall not constitute any waiver of any other rights contained herein.
12. NOTICES
Any notice or communication to be served to the other party shall be made to the respective address by registered mail, which shall be deemed to have been received by the other party on the date the mail reaches the other party or is expected to reach the other party.
If either the Lessee or Lessor changes address, the party that changes address shall notify the other party within 30 (thirty) days after the date of the change.
13. ENTIRE AGREEMENT
Each party hereby confirms that this Agreement and the schedules attached hereto supersedes all previous communication, agreements, arrangements, offer letters between any of them with regard to the transactions hereby contemplated and that it is not entering into this Agreement in reliance upon any representations or warranties not expressly set out herein .
14. MISCELLANEOUS
The headings in this Agreement are inserted for convenience only and shall not affect the construction of this Agreement.
Should any provision in this Agreement be considered void, invalid or unenforceable, it shall be ineffective only to the extent of such void, invalid or unenforceable provision, without invalidating the remaining provisions and without affecting the validity and enforceability of such provisions in any other jurisdiction.
15. ASSIGNMENT
This agreement shall be binding on the parties hereto their administrators in Bankruptcy and assigns.
16. SUCCESSION
The parties hereto agree that in the event of the death of the Lessee prior to the expiration of the Lease Term the Lessor irrevocably agrees to let the person designated by the Lessee or any person appointed by order of the administrator of the Lessees estate to lease and use the Land and the Lessor agrees to enter into a new Lease Agreement with that person for the same term and conditions specified in this agreement without any further payment.
17. LANGUAGE
This agreement is made in the English language with a Thai translation to be signed for registration with the Thai Authorities. In case of any legal dispute over any interpretation of any clause in this agreement, the English version shall be used for interpretation.
18. GOVERNING LAW
This agreement and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of Thailand.
In Witness whereof, the Lessor and the Lessee have hereunto executed this Agreement in the presence of witnesses on the day, month and year first above written.
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