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MEMORANDUM OF AGREEMENT

KNOWN ALL MEN BY THIS PRESENT:

COMMUNITIES BULACAN, INC.a corporation duly organized and existing


under and by virtue of the laws of the Republic of the Philippines, with principal office
address at3rd LevelStarmall Las Piiias, CV Starr Avenue, Pamplona, Las Piflas City,
represented by JOEMI M. TAN and CARLITO S. COPINO, hereinafter referred to as
the FIRST PARTY;

-and-

BALIWAG WATER DISTRICT (BWD), a government owned and controlled


corporation created and existing under the laws of the Republic of the Philippines, with
office address at Col. Tomacruz Street, Poblacion, Baliwag, Bulacan, represented by its
General Manager, ARTEMIO F. BAYLOSIS, hereinafter referred to as the SECOND
PARTY;

WITNESSETH: That

WHEREAS, the FIRST PARTY is the registered owner and developer of


subdivision known as the LUMINA BALIWAG, located in Barangay Pagala, Baliwag,
Bulacan.

WHEREAS, the SECOND PARTY, as a local water district is duly authorized


under Presidential Decree no. 198 as amended, to acquire, install, maintain and operate
water supply and distribution system for domestic, industrial, municipal and agricultural
uses for residents and lands within its jurisdiction and service area.

WHEREAS, there is a need to maintain the steady supply of potable water for the
needs of the residents and the LUMINA BALIWAG ("the Subdivision”) as well as the
surrounding areas within the territorial jurisdiction of the BWD_

NOW THEREFORE, for and in consideration of the foregoing and for


consideration of public interest as well as the interest of the COMMUNITIES
BULACAN, INC., the FIRST PARTY and the SECOND PARTY hereby agrees on the
following terms and conditions:

1_ The SECOND PARTY agrees to supply each household in the Subdivision with
adequate, safe and potable water in accordance with the Philippine National
Standards for Drinking Water (PNSDW) and other applicable laws, codes and
standards, and shall assume full responsibility for the efficient and successful
operation of the water supply distribution system within the Subdivision.

2. The FIRST PARTY shall cause the donation to the SECOND PARTY of a two
hundred sixty-two square meter (262sqm.) parcel of land (hereinafter the
"Property"), free from liens and encumbrances, which shall be strategically
located inside the Subdivision, which shall be reserved for a pumping station,
elevated water tank and sub-office, or for any legitimate commercial purpose that
the SECOND PARTY may deem appropriate, advantageous and beneficial,
through a Deed of Donation to be executed within a reasonable time from the
signing of this Agreement.

3. The FIRST PARTY shall likewise turn over the Subdivision's water supply
distribution network and other water supply facilities to the SECOND PARTY by
perfecting a Deed of Donation for this purpose. The DEVELOPER shall
guarantee that the donated facilities are free from any lien, encumbrances, and
unpaid real property and/or income taxes.

3.1. The FIRST PARTY agrees to install all distribution/transmission line and
appurtenances necessary as may be specified by the SECOND PARTY.

3.2. The FIRST PARTY agrees to construct/install water system facilities as


indicated in the subdivision water system facilities plan.

4. The SECOND PARTY, however, shall install the individual water meter
connection from the mainline to the meter stand located right before the lot
premise of each concessionaire/subdivision homeowners.

5. The SECOND PARTY warrants that it shall ensure sufficient water supply to
meet the total daily requirements of every household in the anticipated population
in the Subdivision. Should there be any service interruptions for a period of at
least twelve (12) hours, the SECOND PARTY commits to supply the affected
areas within the Subdivision through water delivery trucks in a determined time,
frequency and manner most convenient with the homeowners until the restoration
of water services.

6. The FIRST PARTY shall allow and permit the installation, improvement,
maintenance and operation of power and/or electric facilities, lines and/or fuels
such as gasoline and/or diesel required for the efficient operation of machineries
and pumps of the water supply distribution system and pumping station in the
Property.

7. Prior to installation of service connections, the SECOND PARTY shall impose


and collect registration fees based on its existing Customer Accounts Policy from
individual households in the Subdivision.

8. The SECOND PARTY shall promptly process and approve applications for water
service connection by individual homeowners, conduct regular meter reading, bill
, distribution, payment collection, disconnection of delinquent individual service
connection, process relevant complaints and other similar services that the
SECOND PARTY renders to all its concessionaires in accordance with its
Customer Accounts Policy.

9. The SECOND PARTY shall be solely responsible and liable for the conduct, acts
and deeds of its agent, associates, employees and other third parties involved
under this Agreement. The SECOND PARTY shall also be liable for any
misrepresentation, misfeasance, malfeasance, defalcation, and other similar acts
that MCWD or any of its employees, associates or agents may commit.

10. The SECOND PARTY holds the FIRST PARTY free and harmless from any
liability that may arise in connection with any damage to the person or property of
any homeowner encroached upon by any works implemented or undertaken by
the SECOND PARTY for the purpose of maintaining, repairing or replacing the
water system pipes, mainline and appurtenances.

11. All application for water service connection shall be forwarded to the office of the
SECOND PARTY.

12. Any prospective concessionaire/subdivision homeowner shall be responsible for


the expenses for water service installation fee, service guarantee deposit and water
service material utilized for any individual connection, of which amount is computed
at the time the service connection is installed. It is understood that the
concessionaires shall pay the cost of service connection material, including water
meter. Moreover, all related transaction should be supported by the individual
contracts duly signed by the concessionaires and the SECOND PARTY.

13. By virtue of the turn-over of water system facilities by the FIRST PARTY to the
SECOND PARTY, the latter shall provide the water needs of the
concessionaire/subdivision homeowner. The SECOND PARTY shall hereby give,
grant and/or allow the FIRST PARTY, its administrators, executors and assigns,
as well as the subdivision homeowners and/or residents first priority in the use of
the water system and facilities of

14. It is understood that the FIRST PARTY's donation of the Property as well as the
water supply distribution network, and other water supply facilities to the
SECOND PARTY shall be primarily conditioned upon the SECOND PARTY's
provision of the water needs of the Subdivision. Should the SECOND PARTY
fail to provide the water needs of the Subdivision and its concessionaire/s, the
FIRST PARTY shall have the right to revoke the donations as it may do so
pursuant to the relevant provisions of law.

15. That the SECOND PARTY shall assume responsibility for the billing and
collection the cost of the volume of water registered and consumed in the
individual water meters in accordance with its present procedure of computing
water charges.

16. That the FIRST PARTY shall be free from any liability nor obligation arising
from nor related to the installation of the water system neither it will assume
obligation incurred by concessionaire/subdivision homeowner prior to or after the
execution of this agreement.

17. That both parties shall execute their respective Board Resolution Expressing the
adaptation of this MOA to form an integral part of this agreement.

18. No modifications of this Agreement or any part hereof shall be made except upon
the execution of a written instrument duly signed by both Parties. Should
'circumstances necessitate the revision of provisions embodied in this Agreement,
the concerned Party shall, prior to such revision, coordinate in the process of
revision, and grant a reasonable grace period for the implementation of such
revision.

19. All disagreements and/or disputes that may result from this Agreement and in the
course of their implementation of individual responsibilities shall be settled
amicably by the Parties.

20. This Agreement shall be governed by Philippine laws.

IN WITNESS WHEREOF, the FIRST PARTY and the SECOND PARTY have
hereunto affixed their signatures this day of 2020.

_________________________________ BALIWAG WATER DISTRICT


FIRST PARTY SECOND PARTY
By: By:

ENGR. JOEMI M. TAN MR. ARTEMIO F. BAYLOSIS


General Manager

ENGR. CARLITO S. COPINO

SIGNED IN THE PRESENCE OF:

______________________________ ______________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


Province of Bulacan ) S.S. )

BEFORE ME, a Notary Public for and in Bulacan, this day of


, 2020, personally appeared the following persons with their
respective competent evidence of identity (CEI):

ARTEMIO F. BAYLOSIS

JOEMI M. TAN

CARLITO S. COPINO

personally, known to me and to me known and identified by me through competent


evidence presenting this integrally complete instrument. Representing to me that the
signatures in the instrument were voluntarily affixed by them for the purposes declaring
that they have executed the instrument as their free and voluntary act and deed. Further,
persons acting in representative capacity declare that they have been given authority to
sign in said capacity.

The foregoing instrument relates to a Memorandum of Agreement consisting of three (3)


pages including this page of Acknowledgement, signed by the parties and their
instrumental witness on all pages thereof, in my presence, and sealed with my Notarial
Seal.

Doc. No.
Page No.
Book No.
Series of 2020.

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