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Republic of the Philippines CITY OF SANTA ROSA

Province of Laguna I

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OFFICE OF THE SANGGUNIANG PANLUNGSOD

SIPI MULA SA KATITIKAN NG IKA-SAMPUNG PANGKARANIWANG PULONG NG SANGGUNIANG PANLUNGSOD NG LUNGSOD NG SANTA ROSA, LAGUNA NA IDINAOS SA ARAW NG LUNES, IKA-5 NG MARSO, 2012 SA BULWAGANG PULUNGAN NG LUNGSOD NG SANTA ROSA, LAGUNA.

Mga Durnalo:

1. Kgg. ARNEL DC. GOMEZ

2. Kgg. LUISITO B. ALGABRE 3. Kgg. MYTHOR C. CENDANA 4. Kgg. LAUDEMER A. CARTA 5. Kgg. MA. THERESA C. AALA 6. Kgg. PETRONIO C. FACTORIZA 7. Kgg. RAYMOND RYAN F. CARVAJAL 8. Kgg. ANTONIA T. LASERNA 9. Kgg. ERIC T. PUZON 10.Kgg. PAULINO Y. CAMACLANG, Jr. 11.Kgg. EDWARD FERNANDITO S. TIONGCO 12.Kgg. RODRIGO B. MALAPITAN

13.Kgg. INA CLARIZA B. CARTAGENA

- Pangalawang Punong-lungsod Narnuno

- Kagawad - Kagawad - Kagawad - Kagawad - Kagawad - Kagawad - Kagawad - Kagawad - Kagawad - Kagawad - Kagawad, Pangulo ng

Sarnahan ng mga Punong­Barangay

- Kagawad, Pangulo ng Sangguniang Kabataan Pederasyon

******************** KAPASIYAHAN BLG. 25-2012

(Sa mungkahi nl Kgg. Puzon na pinangalawahan ni Kgg. Cendana)

ANG KAPASIYAHAN na nagpapatibay ng Pagbibigay ng Pahintulot kay Punong-lungsod Arlene B. Arcillas na lumagda sa isang Memorandum of Agreement kasama ang Innovation Ville Phase III Homeowners {HOA}, Inc. at ng Pamahalaang Lungsod ng Santa Rosa, Laguna may kaugnayan sa Programang Pabahay.

BUONG PAGKAKAISANG PINAGTIBAY.

PATOTOO:

Pinatutunayan ko na ang Kapasiyahang ito ay pinagtibay para sa Ikalawang Pagbasa at sinipi mula sa Katitikan ng Ika-sampung Pangkaraniwang Pulong ng Sangguniang Panlun; so noong Ika-5 ng Marso, 2012.

CYN!"1; . GOMEZ

Pinatotohanan:

ARNELDC~EZ Pangalawang Punong-lungsod

Kalihim ng Sa1gguniang Panlungsod

Pinagtibay: \

~.~ ARLENE B. ARCILLAS

Punong-lungsod

5/F City Government Center, J.P Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049) 530-0015 Local 5100-5104

"Serbisyong Makatao, Lungsod na Makabago"

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MEMORANDUM OF AGREEMENT

This Memorandum of Agreement is made and executed this _, day of

___ , ·2012, by and between:

The CITY GOVERNMENT OF SANTA ROSA, LAGUNA, a

local government unit duly created and existing under and by virtue

of the laws of th e Republic of the Philippines, with office, address at

the City Government Center, J.P. Rizal Blvd., City of Santa Rosa,

Laguna, represented herein by the City Mayor, ARLENE B._ ARCILLAS, ·

and thru th e implementation of the CITY URBAN DEVELOPMENT

AND HOUSING OFFICE [CUDHO], a duly-organized and established

City Government Office and/or agency under the direct control and

supervision of the CITY GOVERNMENT OF SANTA ROSA, LAGUNA,

represented herein by its Department Head, ARCH. REYNALDO D.

PAMBID; and hereinafter referred to as the "ORIGINATOR";

-and-

The INNOVATION VILLE PHASE Ill HOMEOWNERS

ASSOCIATION [HOA], INC., a duly registered non-stock, r:,on-profit

association, duly organized and established under the laws of the

Republic of then Philippines with principal office at Brgy. Pooc, City

of Santa Rosa, Laguna, represented herein thru appropriate

authorization from its Board of Directors represented herein by its

President, MR. ANTONIO .JANOLAN, JR.; and hereinafter referred to

as the "HOA";

W IT N ES S ETH: .

WHEREAS, Section 17 of Republic Act 7160, provides that . "LG Us sha ll

endeavor to be self-reliant and shall continue exercising the powers and discharging

the duties and functions currently vested upon them x x x as are necessary,

appropriate or incidental to efficient and effective provision of basic servi ces and

facilit ies enumerated herein xx x (viii} Programs and projects for low-cost housing

and other mass dwelling, except those funded by the SSS, GSIS and the HDMF;

Provided that national fund s for those programs and projects shall be equitably

allocated among the regions in proportion to the ratio of the homeless to the

population xxx":

WHEREAS, pursuant to afore-said provisio~ of RA 7160, Sangguniang

Panlungsod Resolution No. 284, s. 2008, was enacted and approved granting

authority to the City Urban Development and Housing Office [CUDHO] to act as

accredited "Originator" of housing initiatives under the Community Mortgage

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Program [CMP] of the National Home Mortgage Finance Corporation [NHMFC] to

ass ist residents of blighted or depressed areas in the City t o have adequat e, decent

and affordab le housing;

WHEREAS, herein HOA is a duly-organized and regist(!red community-based

organization/association consisting of low-income earner

families/homeowners/informal settlers desiring to possess and/or obtain their own

homes; and eventually improve their neighborhood and community life and

cond ition[sl proportionate/consistent with their income and/or financial capability

status and/or condition[s];

WHEREAS, HOA requires due assistance of recognized and qualified

ORIGINATOR to avail of long-term financia l funding [loan] principa lly sourced thru

the Community Mortgage Program-Sociali Housing Finance Corporation [CMP­

SHFC] t o enable HOA members to purchase and/or secu re land [s] being he ld under

concept of community ownership;

WHEREAS, ORIGINATOR, possesses required qualification, as wel l as,

admin istrative and human resources to effectively and effi ciently ass ist herein HOA

to secure fin ancia l funding loan under the CMP-SHFC program;

NOW, THEREFORE, for and in consideration of foregoing premises and their

mutual covenants hereinafter set forth, parties hereby agree on the following terms

and cond itions:

ARTICLE I. SCOPE AND APPLICATION.

As loan ORIGINATORS for housing privilege[s]/benefit[s] under the

Com munity Mortgage Program [CMP], the City Urban Deve lopment and Housing

Office [CUDHO] shall be legally man.dated and bound to assist Community

Association [CA]/ Homeowners Association [HOA] concerned to obtained long -

term long/financin g duly-secured by corresponding mortgage[s] and to

secure/assist HOA's compliance with all documentary requirements of the Program.

HOA agrees to comply with all the rules, regulations, guidelines, instructions, and

procedures, which are either now should already be in existence or may be issued

from the time pu rsuant to and/or under the Community Mortgage Program-Social

Finance Corporation [CMP-SHFC].

ARTICLE II. UNDERTAKING OF PARTIES

J.. The ORIGINATOR undertakes:

a. To help HOA to get organized and registered with appropriate

gove rnment agency[i es];

~ -. b. To exert all efforts in assisting HOA to prepare and/or secure required

documents and permit[s] in order to process long-term housing loan

financing/funding pursuant to policy guidelines of CMP-SHFC;

c. To assist HOA in negotiations with landowner for due purchase of the

property;

d. To act as the creditor-mortgagee;

e. To assist HOA in proper handling of its book[s] of account[s] and/or

records of transactions; and, thereby, effectively enforce and/or employ

fiscal administration and .management;

f. To enhance management capabilities of the HOA;

g. To sign and/or execute "involvement warranty" committing itself to

continue assisting the community and/or HOA for at least t\NO [2] years

or until the community loan shall have been individualized or converted

into individual mortgages;

h. To provide technical c1ssistance and logistical support to the HOA on

implementing herein housing project under Community Mortgage

Program; and,

1. To conduct seminars and/trainings on community developm ent.

2. The HOA undertakes:

a. To recognize the City Urban Development and Housing Office [CUDHO]

as accredited CMP Originator in charge of all City housing projects .

financed and/or funded thru CMP-SHFC;

b. To be responsible for all expenses/expenditures relative .to document

processing of herein housing loans, trainings and semina~s; as well as,

for cost s/expenses of establishing and/or undertaking structures an/or

projects for community development;

c. To ensure all member-·beneficiaries of the HOA are duly-qua lified to avail

of the program; and, that said individual[s]/ beneficiaries are legitimate

members thereof in good standing;

d. To warrant due submission of all documentary requirements within one

(1) year from date of herein loan financing take-out;

e. To save sufficient amount of money equivalent to . two [2] monthly

amortizations and monthly redemption insurance[s] [fYIRI]; and,

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f. To ensure t hat any action[s] and /or decision[s] of the HOA shall have

been made and approved thru its governing Committee; and,

subsequent ly, duly-approved by all its members 1n a General Assembly .

ca lled for said purpose[s] .

ARTICLE Ill . M ISCELLANEOUS PROVISIONS

1. The ORIGINATOR and HOA shall be jointly responsible in drafting of plans :

and programs of the latter, as we ll as, all actions and/ or documents that ·

may be needed/ required for availment of SHFC housing loan

funding/f inancing program;

2. Herein M emorandum of Agreement [MOA] constit ute entire agreement

between parties hereto and supersedes and renders void any and all exist ing

and prior agreement[s], oral and/or w ritten, regarding subject matter

hereof.

3. This agreement shall be binding as bet ween parties, t heir respective

successors, assigns and heirs, except , in case[s] w here rights and ob ligations

arising from the contract are not transmissible by their nature, or by

stipulation or by provision of law.

4. Th is Memorandum of Agreement shall t ake effect immediat ely upon due

signing hereof and shall remain in full force and effect unless sooner

t erminat ed by any of the parti es herein, upon written noti ce t o the other

party at least thi rty [30] days prior t o the intended dat e of t ermination[.

5. In t he event t hat either parti es commits any violation [s] of t erms and/or.

conditions st ipulated under herein Agreement, the offended party may

demand revocation or t ermination thereof, thereby, dissolving herein

partnership/ cooperative initiative in pursuit of implementing effect ive and

effic ient socia l housing program within the City.

IN WITNESS WHEREOF, th e parti es . have hereunto set their hands on this

___ day of at _________ _ _ _

CITY GOVERNMENT OF

SANTA ROSA, LAGUNA

(Origi nat or)

By:

HON. ARLENE B. ARCILLAS

[Ci ty M ayor]

By:

INNOVATION VILLE PHASE Ill

HOMEOWNERS ASSOCIATION

INCORPORATED

(Association)

ANTONIO JANOLAN, JR.

[President]

'· -·

SIGNED IN THE PRESENCE OF:

ARCH. REYNALDO D. PAMBID

CUDHO -Department Head

FLORENCE A. CORDOVA

Innovation Ville HOA -Secretary

ACl<NOWLEDGEMENT

REPUBLIC OF THE PHILIPPIN ES

City of Santa Rosa, Laguna )S.S.

BEFORE ME, a Notary Public for the above jurisdiction, thi s __ th day of

________ , 2012 personally appeared to me t he following persons,

exhibiting their respective Community Tax Certificates/Government Issued

Identif ication, as follows:

Name

MAYOR ARLENE 8 . ARCILLAS

MR. ANTONIO JANOLAN, JR.

CTC/Gov' t. ID No. Date & Place Issuance

Known to me and t o me known t o be the same persons w ho executed the foregoing

Memorandum of Agreement [MOA], duly signed by the First and Second Party

herein, as well as thei r t wo [2] instrumental w itnesses, consisting of five (5) pages,

including this page wheron this acknowledgement is w r itten, and who

acknowledged t o me that the same is thei r own, free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL on the date and place above

written:

Doc. No.

Page No. __ ;

Book No.

Ser ies of 2012.