MEMORANDUM OF AGREEMENT (AMDATAH VILLAGE) Brgy. San Jose, General Santos City

Transcription

1 MEMORANDUM OF AGREEMENT (AMDATAH VILLAGE) Brgy. San Jose, General Santos City KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into this day of 2013, by and between: The NATIONAL HOUSING AUTHORITY, a government corporation organized and existing pursuant to the provision of Presidential Decree No. 757, with principal office at Elliptical Road, Diliman, Quezon City, represented in this Act by its General Manager, ATTY. CHITO M. CRUZ, and hereinafter referred to as the "NHA"; The CITY GOVERNMENT OF GENERAL SANTOS, a government entity existing under the laws of the Republic of the Philippines with principal office at the City Hall, General Santos City represented in this Act by its City Mayor, HON. RONNEL C. RIVERA, and herein referred to as the "CITY"; The NATIONAL COMMISSION ON INDIGENOUS PEOPLE, a government entity existing under the laws of th~ Republic of the Philippines with principal office in Koronadal City, represented in this Act by its Regional Director, WOY LIM P. WONG, and hereinafter referred to as the "NCIP"; and The IP COMMUNITY, a group of indigenous people belonging to the B'laan tribe in Barangay San Jose, General Santos City represented in this Act by its Tribal Chieftain, MACAY COL, and herein referred to as the "IP". WITNESSETH; That WHEREAS, pursuant to Executive Order No. 90, the National Housing Authority is the sole national government agency engaged in direct housing production mandated to meet the housing needs of low-income and marginal families and to focus its effort towards the housing needs of the lowest 30% of the urban population; WHEREAS, pursuant to the Local Government Code, otherwise known as R.A and the Urban Development & Housing Act of 1992, Local Government Units are mandated to take a principal role in the provision of housing services to its constituents; WHEREAS, pursuant to Republic Act No or the Indigenous People Reform Act (IPRA) of 1997, the rights of indigenous peoples shall be recognized, protected and promoted; 1

2 WHEREAS, given the housing conditions of indigenous peoples (IP), the government intends to provide assistance to this group to improve their living conditions and uplift their well-being through the provision of decent shelter; WHEREAS, the CITY has identified and prioritized Brgy. San Jose utilizing 3..& hectares being portion of Ancestral Domain covered by Certificate of Ancestral Land Title R12-GSC , registered with the National Commission on Indigenous Peoples, Quezon City, Philippines as the housing site for the indigenous people living therein requiring decent shelter to uplift their well-being; WHEREAS, the CITY has manifested its intention to utilize NHA's funding assistance for the construction of 100 housing units in the proposed housing site; WHEREAS, pursuant to R.A commonly known as Urban Development and Housing Act (UDHA) of 1992, the NHA, the CITY, the NCIP, and the IP hereinafter referred to as the "Parties" mutually agreed to pool their resources for purposes of the development of the AMADATAH VILLAGE, Brgy. San Jose, General Santos City as a joint venture undertaking; NOW THEREFORE, for and in consideration of the foregoing premises and mutual covenants herein, the Parties do hereby bind themselves and agree to the following: ARTICLE 1 THE PROJECT 1.1 The Project shall be known as AMDATAH VILLAGE herein referred to as the "PROJECT" and involves the construction of One Hundred (100) housing units on a~ hectares lot located at Brgy. San Jose, General Santos City being portion of Ancestral Domain covered by Certificate of Ancestral Land Title, registered with the National Commission on Indigenous Peoples, Quezon City, Philippines herein attached as Annex "A" and made integral part hereof. 1.2 The project shall generate a total of 100 housing units having a floor area of sq.m per unit constructed on a modal lot area of square meters intended for indigenous peoples belonging to B'laan tribe. 1.3 The Project shall be implemented pursuant to the plans, specifications and costs mutually approved by both Parties and shall be in accordance with the provisions of Batas Pambansa 220 as a Socialized Housing Project. 2

3 1.4 The construction of One Hundred (100) housing units shall be implemented by the CITY. It shall be completed within 264 calendar days and shall be extended only due to force majeure and other meritorious reasons. ARTICLE II PROJECT BENEFICIARIES 2.1 The Project is primarily intended to provide housing assistance to indigenous peoples in Brgy. San Jose, General Santos City belonging to B'laan tribe. As the number of lots to be generated might not suffice current requirements, the Sangguniang Panlungsod of General Santos City shall prescribe the prioritization and selection of project beneficiaries. 2.2 Security of tenure shall be granted to the Project beneficiaries through appropriate legal instruments as determined the by Sangguniang Panlungsod and the NCIP. 2.3 Awards and disposition of housing units shall be subject to restrictions on the disposition of lands for indigenous peoples as well as other terms and conditions as may be prescribed by the CITY and the NCIP. ARTICLE III PROJECT FINANCING AND COST RECOVERY 3.1 The Project shall be jointly funded by NHA and the CITY. As its contribution to the Project, the CITY shall provide funds for land development while NHA shall provide funds for the construction of 100 housing units.. The NHA shall allocate the amount of Php10.00 Million from the subsidy funds allocated to the NHA by the National Government under the Resettlement Assistance Program (RAP) representing its contribution to the Project exclusively for the construction of 100 housing units. 3.2 The subsidy funds allocated by the NHA shall be released to the CITY on staggered basis; initial release shall be fifty percent (50 /o) for project mobilization and subsequent releases shall be on progress billing basis after utilization of the initial amount released subject to submission by the CITY of project accomplishment reports and evaluation by NHA. 3.3 NHA's fund contributions released to the CITY shall be deposited in a Trust Fund under the account of the Project which shall be under the custody of the City Treasurer of General Santos. 3

4 3.4 After the completion of the Project, any unutilized balance of the subsidy funds released to the CllY shall be returned to the NHA and shall be available for re-allocation to other housing project for indigenous peoples. 3.5 As part grant, the CllY shall recover 50 /o of NHA's assistance as a non-interest bearing loan from the project beneficiaries payable to NHA over a period of six (6) years inclusive of a one-year moratorium period. ARTICLE IV PROJECT MONITORING AND PROJECT ACCEPTANCE 4.1 Project implementation shall be monitored by an Inter-Agency Committee headed by the representative of the CllY and representatives of the NCIP, the IP community and NHA, as members. 4.2 The Project Implementation Team of the CllY shall submit a Monthly Physical and Financial Report to the Committee on the progress of construction and fund utilization. 4.3 Upon completion of all development/physi~al works, the Project Implementation Team shall submit a Project Completion Report (PCR) to the Inter-Agency Committee and recommend acceptance of the completed housing units by the Inter-Agency Committee. The Committee shall issue a corresponding Project Completion Report and Acceptance Report within fifteen (15) days after a joint final inspection of the project. 4.4 Within thirty (30) days from project completion, the CllY shall submit a Project Terminal Report to the NHA with copies to other members of the Committee which shall include the final accomplishment report and financial report duly audited by COA. 5.1 The NHA shall: ARTICLE V ROLES AND RESPONSIBILITIES Allocate and release the amount of Ten Million Pesos (Php10,000,000.00) to the CllY as its total contribution to the Project representing the estimated cost of 100 housing units. Release of funds shall be on staggered basis as stated in Article III Section Assist the CllY in the preparation of land development and housing plans including technical specifications, cost estimates and implementation schedules. 4

5 5.1.3 Assist the CITY in securing permits and clearances for the project Assist the CITY in the formulation of policies for beneficiary selection and disposition of housing units As member of the Inter-Agency Committee, monitor the progress of project implementation and upon project completion and joint final inspection, accept the completed housing units. 5.2 The CITY shall: Receive from the NHA the amount of P10.00 Million for the construction of One Hundred (100) housing units. Receipt of funds shall be on staggered basis: initial receipt shall be fifty percent (50%) for project mobilization and subsequent receipts shall be on progress billing basis Provide all legal and technical data related to the project Provide funds necessary for the implementation of project components not covered by NHA's funding assistance Create a Project Implementation.Team which shall be responsible for the preparation of project plans and implementation of the project to include land development and housing construction in accordance with approved plans, specifications and schedules, selection of beneficiaries and award/disposition of housing units, and project maintenance Secure all required permits and clearances (e.g. development permit, ECC clearance) for the project Submit all monitoring and project completion reports as stated under Section IV After Project completion, return to the NHA any unutilized funds Cause the proper use and maintenance of open spaces within the project by planting trees and other vegetative cover. Th~ CITY may allow the construction of community facilities in duly designated sites the operation of which shall be covered by separate Agreements with agencies concerned. 5.3 The NCIP shall: Assist the IP community in making available land required for the Project. 5

6 5.3.2 Assist the CITY in securing the required permits and clearances for the Project Assist the CITY in the formulation of policies for beneficiary selection and disposition of housing units As member of the Inter-Agency Committee, monitor the progress of project implementation and upon project completion and joint final inspection, accept the completed housing units. 5.4 The IP shall: Make available the land titled to the IP community within the ancestral domain as the site of the housing project in coordination with the CITY and the NCIP and provide all documents necessary for the implementation of the Project Assist the CITY in the formulation of policies for beneficiary selection, disposition of housing units As member of the Inter-Agency Committee, monitor the progress of project implementation and upon project completion and joint final inspection, accept the completed housing units. ARTICLE VI OTHER PROVISIONS 6.1 The PARTIES represent that they have the requisite power and capacity to enter into Agreement and to perform their obligations and undertakings according to the terms and c.onditions stated herein. 6.2 Nothing in this Agreement shall be construed as establishing relationships of employer and employee among the Parties or any of their respective staff. All PARTIES shall at all times be personally and directly liable for the acts of all its personnel under its employ and shall hold each party free and harmless from any and all claims or liabilities arising from the acts or conduct of its employees. 6.3 All PARTIES agree to periodically review the provisions of the Agreement. The agreement maybe modified or revised by written agreement of the Parties citing therein-specific provisions to be revised or modified and the corresponding amendments. 6

7 ARTICLE VII EFFECTIVITY This Memorandum of Agreement shall take effect immediately upon approval by the NHA Board of Directors and the Sangguniang Panlungsod of General Santos City, NCIP Region XII and IP Community and shall remain in effect unless otherwise terminated or upon satisfaction of the objectives for which this Agreement has been forged. IN WITNESS WHEREOF, the PARTIES hereunto affix their signature this day of 2013, in NATIONAL HOUSING AUTHORITY By: CITY GOVERNMENT OF GENERAL SANTOS By: ATTY. CHITO M. CRUZ General Manager HON.RONNELC.RIVERA City Mayor NATIONAL COMMISSION ON INDIGENOUS PEOPLES By: IP COMMUNITY By: WOY P. LIM WONG Regional Director MACAYCOL Tribal Chieftain, B'laan SIGNED IN THE PRESENCE OF: 7

8 ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) Quezon City ) BEFORE ME, a Notary Public, for and in Quezon City, this ay of 2013, personally appeared ATTY. CHITO M. CRUZ, in his capacity as General Manager of the National Housing Authority with ID No. issued on -J known to me and to me known to be the same persons who executed the foregoing Memorandum of Agreement and he acknowledged to me that the same is free and voluntary act and deed and the entity he represents. This instrument refers to the Memorandum of Agreement consisting of ten (11) pages including this page on which this acknowledgement is written, signed by the instrumental witnesses and sealed by my Notarial Seal. WITNESS MY HAND AND SEAL on the date and at the place first written above. Notary Public Doc No. Page No. Book No. Series of

9 ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) General Santos City ) BEFORE ME, a Notary Public, for and in the City Government of General Santos, this day of 2013, personally appeared HON. RONNEL C. RIVERA, as City Mayor of General Santos with ID No. issued on known to me and to me known to be the same persons who executed the foregoing Memorandum of Agreement and he acknowledged to me that the same is free and voluntary act and deed and the entity he represents. This instrument refers to the Memorandum of Agreement consisting of ten (11) pages including this page on which this acknowledgement is written, signed by the instrumental witnesses and sealed by my Notarial Seal. WITNESS MY HAND AND SEAL on the date and at the place first written above. Notary Public Doc No. Page No. Book No. Series of

10 ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) Koronadal City ) BEFORE ME, a Notary Public, for and in the City of Koronadal, this day of 2013, personally appeared WOY LIM P. WONG, in his capacity as Regional Director of NCIP region XII with ID No. issued on, known to me and to me known to be the same persons who executed the foregoing Memorandum of Agreement and he acknowledged to me that the same is free and voluntary act and deed and the entity he represents. This instrument refers to the Memorandum of Agreement consisting of ten (11) pages including this page on which this acknowledgement is written, signed by the instrumental witnesses and sealed by my Notarial Seal. WITNESS MY HAND AND SEAL on the date and at the place first written above. Notary Public Doc No. Page No. Book No. Series of