“A RESOLUTION AUTHORIZING THE HONORABLE CITY MAYOR ALLAN L. RELLON, DPA, PhD, TO ENTER INTO A MEMORANDUM OF AGREEMENT (MOA) WITH THE COMMUNITIES DAVAO, INC. (CAMELLA TAGUM) IN CONNECTION WITH THE 15% REQUIREMENT ON SOCIALIZED HOUSING DEVELOPMENT PROJECT TO BE UTILIZED FOR THE ROAD AND DRAINAGE DEVELOPMENT OF RTU VILLAGE ANNEX (1) ONE HECTARE LOCATED AT BARANGAY APOKON, TAGUM CITY”.

Republic of the Philippines
Province of Davao del Norte
CITY OF TAGUM

 

BEFORE THE 7th CITY COUNCIL

 

EXCERPT FROM THE MINUTES OF THE 72nd REGULAR SESSION OF THE 7th CITY COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON NOVEMBER 28, 2017 AT THE SP SESSION HALL.

PRESENT:
Hon. GETERITO T. GEMENTIZA, MDMG,            City Vice Mayor (Presiding Officer)
Hon. EVA LORRAINE E. ESTABILLO,                   Member
Hon. MACARIO A. BERMUDEZ, II,                     Member
Hon. TRISTAN ROYCE R. AALA, MDMG,           Member
Hon. ESTER L. ANGOY,                                     Member
Hon. JOSE JOEDEL T. CAASI, MDMG,              Member
Hon. PROSPERO E. ESTABILLO, JR.,                  Member                       (ABC Representative)
Hon. DAMIANO L. CIPRO,                               Member                       (IP Representative)
ON SICK LEAVE:
Hon. ROBERT L. SO,                                          Member
OFFICIAL BUSINESS:
Hon. AGRIPINO G. COQUILLA, JR., CE,           Member
Hon. RONALD S. ELIOT,            RMP                            Member
Hon. JAN DMITRI S. SATOR,                             Member
Hon. REY CYRIL T. ALBA                                   Member

 

RESOLUTION NO. 795, s-2017

 

 “A RESOLUTION AUTHORIZING THE HONORABLE CITY MAYOR ALLAN L. RELLON, DPA, PhD, TO ENTER INTO A MEMORANDUM OF AGREEMENT (MOA) WITH THE COMMUNITIES DAVAO, INC. (CAMELLA TAGUM) IN CONNECTION WITH THE 15% REQUIREMENT ON SOCIALIZED HOUSING DEVELOPMENT PROJECT TO BE UTILIZED FOR THE ROAD AND DRAINAGE DEVELOPMENT OF RTU VILLAGE ANNEX (1) ONE HECTARE LOCATED AT BARANGAY APOKON, TAGUM CITY”.

WHEREAS, Section 18 of Republic Act No 7279 also known as the Urban Development and Housing Act of 1992 requires the developer of proposed subdivision project to develop an area for socialized housing project equivalent to at least fifteen (15%) percent of the total area or total subdivision project cost at the option of the developer;
 WHEREAS, the Local Housing Board during its meeting held last October 27, 2017 has already approved and identified sites for Socialized Housing Project and in compliance of RA 7279 and City Ordinance No 370 s- 2009, (CAMELLA TAGUM) as reflected in the Local Housing Board Resolution No. 32, s- 2017 decision to develop, improve and/or implement road and drainage development of RTU Village Annex (1) One Hectare located at Barangay Apokon, Tagum City;
 WHEREAS, the road and drainage development of RTU Village Annex (1) One Hectare is a strong support of the developer, the Communities Davao, Inc. (CAMELLA TAGUM) to the EAGLE WINGS Programs of the city on Infrastructure and the Public and Private Partnership or the NGOs and GO Convergence;
 WHEREAS, the said construction, will not only comply with the 15% socialized housing requirement of Communities Davao, Inc. (CAMELLA TAGUM) but also address the problem on accessibility, transportability and drainage concern because it will improve road and drainage condition thereby improving delivery of government services to the community and other extension services activities and the conveyance of flood flows;
NOW THEREFORE, be it resolved by the Sangguniang Panlungsod of Tagum to authorize the Honorable City Mayor Allan L. Rellon, DPA, PhD, to enter into a Memorandum of Agreement (MOA) with the Communities Davao, Inc. (Camella Tagum) in connection with the 15% requirement on Socialized Housing Development Project to be utilized for the road construction of RTU Village Annex (1) one Hectare located at Barangay Apokon, Tagum City.
RESOLVED FURTHER, that the text of the Memorandum of Agreement shall be read as follows;

 

MEMORANDUM OF AGREEMENT

 

KNOW ALL MEN BY THESE PRESENTS:


                         The MEMORANDUM OF AGREEMENT is made and entered into this _____ day of ________________ 2017 and between: The COMMUNITIES DAVAO, INC. (CAMELLA TAGUM), a land developer duly organized and existing under and by virtue of laws of the Republic of the Philippines, with business address at Visayan Village, Tagum City, represented herein by its President, Mr. Marlon Niño B. Escalicas hereinafter referred to as the “FIRST PARTY”;

-and-

The CITY GOVERNMENT OF TAGUM, a local government unit existing under Philippine law with office address at City Hall Government Center JV Ayala Avenue, Apokon, Tagum City, Davao del Norte represented herein by its City Mayor, Honorable Allan L. Rellon, DPA, PhD, referred to as the “SECOND PARTY”.

WITNESSETH:

WHEREAS, Section 18 of Republic Act No. 7279 requires developer of proposed subdivision project to develop and area for socialized housing equivalent to at least twenty (20%) percent of the total subdivision area or total subdivision project cost, at the option of the developer;

a.      WHEREAS, the First Party is required to comply with the provision of Section 18 of Republic Act No. 7279 for its project known as Communities Davao, Inc. (CAMELLA TAGUM) located at Visayan Village, Tagum City.

b.      WHEREAS, the Second Party will identify and approve the site development for Socialized Housing Project.

 NOW THEREFORE, for and in consideration of the amount based on Article IX, Section 44 of City Ordinance No 370, s-2009, to be received by the Second Party from the First Party representing the 15% socialized housing compliance of the First Party project, the parties agree as they hereby agree as follows:

a.      The Second Party hereby agrees to provide the First Party an area to be developed for socialized housing project in the City of Tagum, the RTU Village Annex (1) one Hectare, Apokon, Tagum City.

b.       The First Party hereby agrees to pay the Second Party the corresponding amount in consonance with the aforementioned City Ordinance in the amount of (972,774.00) Nine Hundred Seventy Two Thousand Seven Hundred Seventy Four Pesos Only.

c.      The Second Party agrees to use the amount paid by the First Party for the development of the identified socialized housing project of the City Government of Tagum.

d.      For ready reference, the Second Party prepares the individual Program of Works (POW) for the development of socialized housing in RTU Village Annex (1) One Hectare, Apokon, Tagum City in the amount of Nine Hundred Seventy Two Thousand Seven Hundred Seventy Four Pesos Only (Php 972,774.00).

IN WITNESS WHEREOF, the parties have hereunto set their hands this _______ day of __________ 2017 at Tagum City, Davao del Norte Philippines.

 

CITY OF TAGUM                                                COMMUNITIES DAVAO INC
                                                                                  (CAMELLA TAGUM)
 ALLAN L. RELLON, DPA, PhD                             MR. MARLON NIÑO B. ESCALICAS
 City Mayor                                                                           President

 

ACKNOWLEDGEMENT

 

Republic of the Philippines      )
Tagum City                              ) s.s
Province of Davao del Norte  )

BEFORE ME, a Notary Public on this ______ day of ________ _____2017 personally appeared

 

Name CTC No./T.I.N Date/Place Issued
MR. MARLON NIÑO B. ESCALICAS
ALLAN L. RELLON DPA PhD
Known to me to be the same persons who executed the foregoing instrument and they acknowledged me that the same is their free and voluntary act and deed.
This Memorandum of Agreement is composed of__ page/s including the wherein the acknowledgement is written.

WITNESS MY HAND AND SEAL on the date and place above indicated.

Doc. No.          ______

Page No.         ______

Book No.         ______

Series of 2017

RESOLVED FURTHERMORE, that copies of this resolution be furnished to the Communities Davao Incorporated Office and to all offices concerned for their information and appropriate action.

CARRIED AND APPROVED.
I HEREBY CERTIFY to the correctness of the foregoing.

REY A. BUHION                       
Secretary to the Sanggunian

 ATTESTED AND CERTIFIED
 TO BE DULY ADOPTED:

GETERITO T. GEMENTIZA, MDMG
City Vice Mayor
(Presiding Officer)