DEMOCRATIC REPUBLIC OF CONGO CITY: LUBUMBASHI
MINISTRY OF LANDS COMMUNE: ANNEXE
PROVINCE DU HAUT- KATANGA DEVELOPPEMENT : JOLI SITE
Lubumbashi-Est Land Registrar Office
LEASING CONTRACT NA.___________1 FOR A TERM OF
THREE YEARS
Between:
The democratic republic of Congo represented by the Land Registrar of Lubumbashi-Est land department by the powers invested in the Provincial Decree N° 2.449.2/10/73 on the 18th of August 1973 taken based on Article 183 paragraph 3 subparagraph 4 for the law N° 73-021 on the 20th July 1973 modified and completed by law N° 80-008 on the 18th of July 1980. Herein referred to as ‘’THE REPUBLIC’’ on one side
And
………………………………………………………………………………………………………
[insert name], [insert profession], [insert] citizen, born in [insert], on the [insert date], [insert marriage location and spouse details], both residing in [insert current address]. Herein referred to as ‘’The Lessee’’ on the other side.
THE AGREEMENT IS AS FOLLOWED:
ARTICLE 1 The Republic gives a Lease to the Lessee which accepts, for a residential purpose, the plot of land measuring One One Zero Decimal Five Zero (110.50) hectares or thereabouts and referenced under the PC number 29429, resulting from the fragmentation of PC 6353 of the cadastral map. The limits of which are represented under the yellow edging in the Appendix drawn at the scale of 1/5000.
ARTICLE 2 The present takes effect from the [insert registration date]. It has been executed for three years on the annual leasing fees of CDF 91.080 (ninety-one thousand and eighty Congolese francs) payable anticipatively the first January of each year to the treasurer account of Lubumbashi-Est land department or in the bank account number n° 11050/2003 at the Central Bank of Congo under DGRAD name. This contract follows the Deed of transfer executed by Geniland SA, owner of the registration certificate N° ID NAT 05-F4200-N77834X.
ARTICLE 3 It’s up to the Lessee to obtain in due time and from the relevant authorities the building permit and the required works authorizations in virtue of Urbanism and precincts Laws.
ARTICLES 4 The Lessee must occupy the leased plot within 6 months and effectively start adding to the property within the 18 months following the execution of this agreement. The Adding value process should comply with the purpose of the land and with all the urban, esthetic, security, and sanitation requirements as per the specific laws in this regard.
ARTICLE 5 In the eight days following the execution of the lease, the Lessee is required to place in the frontage line a sign reflecting clearly:
- The cadastral plot number
- The Lessee’s full name
ARTICLE 6 At the expiry of the 3 years term, the present leasing agreement will be replaced by a perpetual grant agreement on the condition that the Lessee has fulfilled his obligations relative to the adding value of the property.
ARTICLE 7 In case of insufficient adding value of the property on the expiry of this agreement, the first renewal will be consented for another TWO YEARS before the expiry date of the contract under the conditions in force at the time of renewal. However, the Republic remains the sole judge of the merits of the lifting of this renewal option.
ARTICLE 8 To benefit from the privileges provided for in articles 6 & 7, the Lessee should notify the administration no later than 2 months before the expiry of the contract, both parties renouncing the privileges of tacit renewal.
ARTICLE 9 The Lessee is prohibited to sublease, to transfer his lease, and give away an option provided in articles 6 & 7, to change the purpose, or to subdivide the plot without prior, expressed, and written authorization by the authority who consent to this Lease. This authorization is in any event subject to payment of the due rents, taxes on indemnities provided for by the regulations in force.
ARTICLE 10 For what not resulting from the above articles, the present contract is governed by the provisions of the law n° 80-008 of July 18, 1980, modifying and completing the law n° 73-021 on the 20th of July 1973 referred to the land and real estate regime, securities regime, especially in articles 61 and 69,145,148 and 152.
ARTICLE 11 The Lessee is required to maintain the plot clean and not to build temporary sheds or cabanas on the leased plot, these structures do not constitute an added value.
ARTICLE 12 The Non-execution or violation of one of the conditions above during the term of the contract will result in a lawful termination if the three months following the formal notice, the Lessee does not fulfill his obligations, all the monies received by the Treasury will be considered as indemnities.
ARTICLE 13 At the expiry date of this agreement, if the Lessee has not started adding value to the property, and he has not requested for the renewal following the article 17 of the Decree n°74/148 of the 2nd of July 1974 bearing the execution measures of the land, the plot will be reverted as private state-owned.
ARTICLE 14 Regarding the execution of this agreement, the parties stipulated being located: The Lessee at his residing address indicated on the land request; The Republic the Land Registrar of Lubumbashi-Est land department office.
Thus done in Lubumbashi, in three 3 copies, on 07/07/2021
THE LESSEE FOR THE REPUBLIC
Mr. PERSONA THE LAND REGISTRAR
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