Memorandum of Agreement

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MEMORANDUM OF AGREEMENT

Project : DEVELOPMENT OF VILLA AGNES SUBDIVISION


Location : BRGY. PUGO CECILIO, STA. IGNACIA, TARLAC
Owner : AGNES YABUT represented by OSCAR YABUT
Contractor : GOLDEN-WORKS CONSTRUCTION SERVICES
owned by EMELIROSE GEM BATACULIN TABILONA

THIS AGREEMENT made and entered into this _____ day of _____________,
2022 by and between:

Agnes Yabut represented by Oscar Yabut, with postal address at Brgy. Pugo
Cecilio, Sta. Ignacia, Tarlac, the party of the First Part, hereinafter called the
OWNER;

-AND-

Emelirose Gem Bataculin Tabilona, with postal address at Pogo, Alaminos,


Pangasinan, the party of the Second Part, hereinafter called the
CONTRACTOR.

WITHNESSETH:

That the Owner and the Contractor, for and in consideration of the covenants,
agreement and stipulation set forth, do hereby agree as follows:

ARTICLE I: SCOPE OF THE WORK

1.01 The Contractor, in consideration of the payment to be made by the Owner


to the Contractor of the sum of money or share hereinafter named, agrees to
furnish all labor, materials, equipment, tools and the satisfactory and faithful
performance of all the work necessary to commence and complete the Project,
ready for use as shown on the Location Map and discussed and described in the
Specifications.

ARTICLE II: SCOPE OF WORK

2.01 Construction and development of roads including sidewalks in the


subdivision, gates, perimeter fence, lamp posts, sewerage, canals, garbage areas,
security personnel office space/terminal space, common areas such as
bathrooms, event place, and among others for the betterment of the subdivision.

ARTICLE III: CONTRACT AMOUNT

3.01 The Owner agrees that for and in consideration of the faithful
performance by the Contractor of this Agreement, Owner shall pay to the
Contractor, in a manner provided hereinafter, the amount/share of Sixty Percent
(60%) Net. Further, the Owner shares from the Gross Profit is Forty Percent
(40%) Net.

ARTICLE IV: PAYMENTS


4.01 Upon signing of this agreement, the scope of work will be immediately
commence and payment is in the form of a share from the proceeds of sale of the
subdivided lots in the subdivision in the following percentage: Sixty (60%)
Percent for the Contractor and Forty (40%) Percent of the Gross Sales for the
Owner

ARTICLE V: CONTRACTOR’S GUARANTY-WARRANTY

5.01 The Contractor shall and thereby warrants all work performed by her
directly and for which guarantee are required.

5.02 The Contractor shall and thereby warrant and/or guarantee for a period of
three (3) years, or for longer periods where so provided in Specifications, as
evidence by date of final certificate issued by the Architect/Engineer, that all
materials and workmanship installed under Agreement to be of good quality in
every respect and to remain so for periods described herein.

5.03 Should any defect develop in aforesaid work, within the specified periods,
due to faults in material and/or workmanship, the Contractor thereby agrees to
make all repairs and do all necessary work to correct defective work to the
satisfaction of the Architect/Engineer. Such repairs and corrective works shall be
done without cost to the Owner and at entire cost and expense of the Contractor
within five (5) days after written notice to the Contractor by the Owner.

5.04 In case the Contractor fails to do the work, so ordered, the Owner may
have the work done and charge the cost thereof against any amount retained as
provided for in the Agreement and, if said retained money/share shall be
insufficient to pay such cost, or if no money/share is available, the Contractor
and her personal properties shall pay to the Owner the cost of such work.

5.05 All the foregoing are without prejudice to the right of the Owner under
the New Civil Code, and other applicable laws.

The Parties to this Agreement hereby agree to full performance of the covenants
constrained herein.

IN WITNESS WHEREOF, the Parties to this Agreement have on the day and
year first above given, hereunto set their hands at the bottom of this page and on
the left-hand margin of all the other pages of this Agreement.

AGNES YABUT

Represented by Oscar Yabut ____________________________

Emelirose Gem Bataculin Tabilona ____________________________

SIGNED IN THE PRESENCE OF:


__________________________               ____________________________
 

 
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


_____________________________ )  SS.

BEFORE ME, a Notary Public for and in the City of ___________________,


personally appeared:

Known to me and to me known to be the same persons who executed the


foregoing instrument and acknowledged to me that the same are their free act
and voluntary deed.
 
This instrument, consisting of three (3) pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and every
page thereof by the concerned parties and their witnesses, and sealed with my
notarial seal.
 
WITNESS  MY HAND AND SEAL on this ___day of __________________
2022 at_____________.

Notary Public
 

Doc. No. ........;


Page No. .......;
Book No. .......;
Series of 2022.

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