MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (“MOA”) is made and executed by and between among:

NATIONAL HOUSING AUTHORITY :

The DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES –

NATIONAL CAPITAL REGION (DENR-NCR), with principal office address located
at DENR-NCR, National Ecology Center, East Ave. Diliman, Quezon City, represented
herein by its Regional Executive Director, JACQUELINE A. CAANCAN, CESO III,
hereinafter referred to as the “DENR-NCR”

-and-

The ECOSYSTEMS RESEARCH AND DEVELOPMENT BUREAU (ERDB), a staff

bureau of the Department of Environment and Natural Resources created by virtue of
Executive Order No. 192, with its research center office address, the Toxic and Hazardous
Wastes Research Development Center (THWRDEC), at the DENR-NCR Seedling
Production Nursery, North Ave., Diliman, Quezon City, represented herein by its Bureau
Director, MARIA LOURDES G. FERRER, CESO III, hereinafter referred to as
“ERDB”;

DENR-NCR and ERDB may individually be referred to as a Party or collectively as Parties

WITNESSETH that:

WHEREAS, by virtue of E.O. No. 192, s. 1987 (EO 192), DENR is the primary government
agency responsible for the conservation, management, development and proper use of the country’s
environment and natural resources;

WHEREAS, ERDB is mandated under EO 192 to generate technologies and provide scientific
assistance in the research and development of technologies relevant to the sustainable uses of
Philippine ecosystems and natural resources;

WHEREAS, the ERDB’s R & D and extension activities are focused on the five major ecosystems
of the Philippines which include forests, upland farms, grassland and degraded areas, coastal zone
and freshwater, and urban areas;

WHEREAS, ERDB-THWRDEC (former UTHRC) is the Center of Excellence in research,

development, and extension (RDE) in urban, toxic substances and hazardous wastes that generates
information, product, technology, and policy recommendations;

WHEREAS, ERDB-THWRDEC is the Center of Excellence in research, development, and

extension (RDE) in urban, toxic substances and hazardous wastes that generates information,
product, technology, and policy recommendations;

WHEREAS, on 27 December 2017, DENR-NCR and ERDB entered into a Memorandum of

Agreement; allowing ERDB through the UTHRC (now THWRDEC) to use and occupy the one
storey former ERDS building located at the Seedling Production Nursery, North Ave., Diliman
Quezon City,
WHEREAS, on the same agreement, in the event that ERDB needs to renovate the aforementioned
building, ERDB shall be the one solely responsible for the cost of renovations
WHEREAS, the aforementioned agreement shall remain in place until ERDB has established its
permanent office space

WHEREAS, the parties expressly agreed to execute a new agreement for the construction the
permanent building of ERDB-THWRDEC in place of the existing ERDS building

NOW THEREFORE, for and in consideration of the foregoing premises and of the mutual
covenants hereinafter set forth, the DENR-NCR and ERDB hereby agree as follows:

1. DENR-NCR allows the ERDB, through THWRDEC to demolish the existing ERDS
office building and construct a new building which will be the permanent office space
for ERDB
2. Installation, replacement and repair of electric and water meters and communication
facilities shall be for the account of ERDB. Payment of all corresponding bills for
utilities shall be shouldered by ERDB.
3. For the duration of the agreement, the constructed building and its premises shall be used
by ERDB exclusively for its research, and office, subject to applicable policies, rules and
regulations of DENR.
4. The privileges herein granted to ERDB are absolutely non-transferable and non-
assignable. Hence, ERDB shall not sublease the land or any building thereof.
RESPONSIBILITIES OF THE PARTIES

AMENDMENT

No modification of this Memorandum of Agreement (MOA) or any part of the attachment

thereof shall be made except after execution of a written agreement duly signed by both
parties.

EFFECTIVITY AND DURATION

This Memorandum of Agreement shall take effect after being signed by the parties herein
and shall remain in place until higher DENR authorities decide otherwise. This agreement
be renewed or extended upon mutual agreement of both parties.
I. DISPUTE RESOLUTION

In case of disputes arising out of or in connection with this MOA, the Parties
shall exert their best efforts to settle the same. In case of failure, the Parties shall
observe the applicable dispute resolution provisions of the Administrative Code (EO
No. 292, Series of 1987).

II. TERMINATION OF THE MOA

This agreement will terminate based on non-performance or violation of its terms

and conditions by either of the parties after due notice of the inaction or when a
violation has been committed and no action has been taken to rectify the negligence or
correct the violation.

III. OTHER PROVISIONS

a. Neither of the PARTIES will be liable or deemed to be in default for any delays or
failure in performance resulting directly or indirectly from any cause or
 circumstance beyond its reasonable control, including but not limited to acts of
God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood,
accidents, earthquake(s), strikes or labor shortages, transportation facilities
shortages or failures of equipment, or failures of the Internet;

b. Neither of the PARTIES may assign any rights arising from this Agreement to any
third party without written consent or notice thereof;

c. If any term or condition of this Agreement is found by a court of competent

jurisdiction or administrative agency to be invalid or unenforceable, the remaining
terms and conditions thereof shall remain in full force and effect so long as a valid
Agreement is in effect;
d. This contract shall be subjected to the existing administrative, auditing and
accounting rules and regulations.

Failure of any of the Parties to comply with its obligation in good faith shall entitle the aggrieved
party for the payment of damages.

IN WITNESS WHEREOF, the Parties hereto have signed this Contract through their duly
authorized representatives this ________ day of __________, 2023.

DEPARTMENT OF ENVIRONMENT ECOSYSTEMS RESEARCH AND

AND NATURAL RESOURCES – NCR DEVELOPMENT BUREAU
(DENR-NCR)

By: By:

JACQUELINE A. CAANCAN, CESO III MARIA LOURDES G. FERRER, CESO III

Regional Executive Director, DENR-NCR Director

NATIONAL HOUSING AUTHORITY

(SGD.)

CERTIFICATION OF AVAILABILITY OF FUNDS

LOREVI C. AGANON
Chief, Accounting Section

Signed in the Presence of:

MANUEL T. ESCASURA NERY A. ALBA

OIC, Assistant Regional Director for Center Head, ERDB-THWRDEC
Management Services
DENR-NCR
 ACKNOWLEDGEMENT

REPUBLIC OF THE PHIILIPPINES }

QUEZON CITY }S.S.

ACKNOWLEDGEMENT

BEFORE ME, a Notary Public for _________ (place) personally appeared on__________(date),
the following persons, presenting to me their respective Competent Evidence of Identity, as
indicated below;

Name GIID No. Issued at/on

JACQUELINE A.
CAANCAN, CESO III

MARIA LOURDES G.
FERRER, CESO II

Known to me to be the same persons who executed the foregoing Memorandum of Agreement consisting of
________ pages, including this page on which the Acknowledgement is written and they acknowledge to
me that the signatures they affixed confirm their voluntary act and the entities they represent.
Known to me to be the same persons who executed the foregoing instrument and they
acknowledged to me that the same is their free act and deed and that of the agencies they represent.

IN WITNESS WHEREOF, I have hereunto ser our hand and affixed my notarial seal, the day, year
and place above written,

NOTARY PUBLIC

Doc.No._______;
Page No.______;
Book No.______;
Series of 2019 2023