MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESES PRESENT:

This agreement entered into by and between;

BICOL UNIVERSITY, a state university, created by virtue of Republic

Act No. 5521 as amended by Presidential Decree No. 1437 and Republic Act No.
8292, with principal office at Legazpi City, represented in this instance by its
University President, DR. ARNULFO M. MASCARIÑAS, hereinafter referred
to as the FIRST PARTY.

-And-

<<FullName>>, of legal age, with residence at <<Residence>>,

hereinafter referred to as the SECOND PARTY.

WITNESSETH:

WHEREAS, the Bicol University is mandated by the government to use its

existing resources for income generating projects to augment its financial resources to
pursue development activities;

WHEREAS, pursuant to BOR Resolution No. 80, s. 2000, the President of the
University is authorized to enter into a Memorandum of Agreement and other similar
contracts with public and private agencies that will redound to the benefit of students and
the University; PROVIDED, no resources of the University are involved both financial
and manpower, and PROVIDED FURTHER, that these agreements/contracts are
submitted to the Board of Regents for confirmation.

WHEREAS, the SECOND PARTY expressed her desire to lease a space for the
<<BUFacility>> at <<BUnit>> located at the <<BUAddress>>;

NOW, THEREFORE, for and in consideration of the above premises, the parties
have agreed:

1. That the FIRST PARTY shall allow the SECOND PARTY to lease a space for the
<<BUFacility>> for one (1) year effective <<DBegin>> to <<DEnd>>. That this
contract may be renewed for another one year with written intention of the
SECOND PARTY submitted to the Office of the President through the Director of
the Business Affairs Office not less than one month before the expiration provided
the SECOND PARTY has no unpaid dues and subject to the approval of the FIRST
PARTY. The FIRST PARTY may bid or negotiate with another person the
premises occupied by the SECOND PARTY in the event that the latter failed to
submit the required written intention prescribed;

1
2. That the SECOND PARTY shall use the leased premises solely for the operation of
food businesse and related services;

3. That the SECOND PARTY shall be responsible for registering its business and
complying with all the required permits, licenses, fees and taxes necessary for the
operation of its business covered by this agreement;

4. That the SECOND PARTY shall pay a monthly rental of <<MoRent>> for the
space occupied by the <<BUFacility>> to the cashier of <<Cashier>> on or before
the 5th day of each month. A 1% surcharge per month shall be imposed if payment is
made after the due date but no more than three months. Three months without
payment of dues shall be ground for the termination of this agreement and the same
shall be vacated by the SECOND PARTY without notice. An escalation rate of 5%
shall be added to the monthly rental at the end of the first year and every year
thereafter;

5. In case of non-payment of rentals for at least three (3) months, the SECOND
PARTY hereby authorizes the FIRST PARTY to remove the food cart from the
leased space without any prior permission from the SECOND PARTY.

6. That upon signing of this agreement the SECOND PARTY pay the FIRST PARTY
the amount of <<AdvancePay>> compromising of three months deposit;

7. That the SECOND PARTY is expressly prohibited to sub-lease to anyone the

subject premises, without the written permission of the FIRST PARTY;

8. That the FIRST PARTY shall grant discount of 30% on rental if the SECOND
PARTY opts to operate during the lean days such as Summer vacation, Semestral
break and Christmas vacation provided that the SECOND PARTY shall inform the
FIRST PARTY of <<Gender>> intention in advance during these lean days
indicating a specified duration. The same exemption may be applied during force
majeure. The exemption shall be computed based on the number of days without
operation times the per day rental over one month (30 days per month);

9. That the SECOND PARTY shall maintain the subject premises at <<Gender>> own
expense, in a clean and hygienic condition, dispose of its garbage in containers kept
in authorized and designated areas, or in such manner as may hereafter be provided
and not burn any trash or garbage within and outside the leased subject premises.
The SECOND PARTY shall not use Styrofore and other non-biodegradable
materials and shall endeavor to use only environment-friendly materials and
procedures. No Plastic Policy and Garbage Segregation shall be strictly
implemented;

10. That the SECOND PARTY shall provide, install and maintain for its account the
necessary fixtures, floor covering, painting and decoration required by the nature and
purpose of the business;

11. That the SECOND PARTY shall provide <<Gender>> own electric and water
facilities. That if these are availed from the University Facilities these shall be
2
 computed based on the rate provide by the Albay Power Electric Company and
<<Water_District>> Water District, respectively;

12. That the SECOND PARTY shall not cause, nor permit any obnoxious, offensive or
health affecting odors, fumes, gases nor any smoke, dust, steam, vapors, nor any
loud and disturbing noise, sound or vibration to emit or originate from the said
subject premises. That the SECOND PARTY shall not use nor permit the use of any
portion of the subject premises in keeping or harboring therein live animals, nor use
the subject premises for illegal purposes;

13. That the SECOND PARTY shall not store, keep, serve nor sell any alcoholic
beverage of whatever nature or kind to include cigarettes in the subject premises;

14. That the SECOND PARTY and <<Gender>> workers shall undergo Physical and
Medical examination by the BU Medical Services and should have a “fit to work”
clearance from the BU Medical Services Chief.

15. That in case of food-borne illness, the findings of the FIRST PARTY is binding on
the SECOND PARTY and shall be the basis for the FIRST PARTY to hold the
SECOND PARTY liable and ground for termination of this contract. The SECOND
PARTY shall be solely responsible for, and hold the FIRST PARTY free and
blameless from civil or criminal liabilities arising there from or in connection with
the operation or maintenance of the leased subject premises;

16. That the FIRST PARTY through the Security Agency shall be responsible for the
security of the perimeter during office hours;

17. That the SECOND PARTY shall immediately report to the Security Personnel on
duty in <<Gender>> area any untoward incident that occurred affecting <<Gender>>
business operation;

18. That the SECOND PARTY shall not bring into or store any highly inflammable or
explosive material or nature or any article which the FIRST PARTY may
reasonably prohibit, nor cause to be done any act or thing which may expose the
subject premises to fire or increase the fire hazard;

19. That the SECOND PARTY shall not install on or about the leased premises
electrical, kitchen, plumbing fixtures or other equipment except upon prior written
consent of the FIRST PARTY, though the Physical Development and Management
Office. Expenses for the repair and all damages due to the removal by the SECOND
PARTY of any furnishing, fixture and equipment in the leased premises form the
time SECOND PARTY took possession until the end of the term of this agreement,
shall be borne by the SECOND PARTY;

20. That the SECOND PARTY may introduce renovations, alterations and remodeling,
addition and other permanent improvements in the leased premises subject to the
written approval of the FIRST PARTY upon recommendation of its Physical
Development and Management Office, provided that such permanent improvement
shall become the property of and turned over to the FIRST PARTY upon
termination of this agreement. The FIRST PARTY may allow the SECOND
3
 PARTY to deduct from the monthly rental cost of the permanent improvement as
estimated and verified by the Physical Development and Management Office;

21. That the Dean of the <<BUnit>> or her duly authorized representative under the
general supervision of the Director of the Business Affairs Office shall have
authority to monitor and ensure compliance by the SECOND PARTY with its
contractual obligations and other relevant laws and University rules and regulations.
For this purpose, the Dean of the <<BUnit>> and the Director of the Business
Affairs Office or their representative may conduct ocular inspection of the leased
premises during reasonable hours;

22. That both parties have agreed to abide by the terms and conditions stipulated herein;

23. Any violation of the terms and conditions stipulated under this agreement shall
render this agreement null and void;

IN WITNESS WHEREOF,we have hereunto set our hands this _______________

at Bicol University, Legazpi City.

BICOL UNIVERSITY
First Party

By:

DR. ARNULFO M. MASCARIÑAS <<FullName>>

President Second Party

SIGNED IN THE PRESENCE OF:

VIOLA L. AMANO, PhD ANTONIO MARIO B. OLAGUER

4
 ACKNOWLEDGEMENT

Republic of the Philippines)

City of Legazpi ) S.S.

BEFORE ME, the undersigned notary public, personally appeared:

DR. ARNULFO M. MASCARIÑAS with BU I.D. EN: 2005 – 002 – 3

<<FullName>> with _________ ID NO: _________________

Known to me to be the same persons who executed and signed the foregoing
instrument and acknowledged to me the same is their own free act and deed of the entities
they represent.

This instrument consisting of five (5) pages including this page, signed on the left
hand margin in pages one (1), two (2), three (3) & five (5) and at the bottom of the page
four (4), all sealed with my notaries seal.

WITNESS MY HAND AND SEAL this _______________ day of ____________

2018, in the City of Legazpi, Philippines.

Notary Public

Doc. No.: ___________

Page No.: ___________
Book No.: __________
Series of 2018