This agreement is entered into by and between THE PROVINCIAL GOVERNMENT OF SULTAN KUDARAT, a local government unit with office address at the Provincial Capitol, Isulan, Sultan Kudarat, herein represented by DATU PAX S. MANGUDADATU, in his capacity as the Provincial Governor of Sultan Kudarat, of legal age, married and a resident of Lutayan, Sultan Kudarat, hereinafter referred to as PARTY OF THE FIRST PART and KASUMA USMAN, of legal age, married and a resident of Lutayan, Sultan Kudarat, hereinafter referred to as PARTY OF THE SECOND PART. WITNESSETH: 1. The Provincial Government of Sultan Kudarat, pursuant to Article 25 of the Rules and Regulations Implementing the Local Government Code of 1991, with a responsibility for the delivery of basic services and facilities to its constituents has embarked on its Alay sa Mahirap Livelihood Program; 2. The one of the component project of the said program is an Itik Farm located in Lutayan, Sultan Kudarat; 3. The PARTY OF THE FIRST PART in a desire to enhance and ensure the comprehensive implementation of the said program in the Province of Sultan Kudarat decided to establish an Itk hatchery in Lutayan; 4. A building or bodega germane to the above-said purpose which is located near the Itk Farm in Lutayan, Sultan Kudarat has been chosen as suitable and appropriate for housing the incubator machines; The PARTY OF THE SECOND PART is the owner of the said bodega or building; 6. The 9th Sangguniang Panlalawigan, by virtue of Resolution No. _____9 th-SP-03 dated __________,2003, has authorized the PARTY OF THE FIRST PART to represent the Provincial Government of Sultan Kudarat and sign in its behalf any reasonable and legitimate agreement which will be entered into by the herein named parties; WHEREFORE, for and in consideration of the foregoing, the parties manifest, agree and bind, as they hereby manifest, agree and bind on the following terms and conditions, to wit: TERMS AND CONDITIONS: a. That the PARTY OF THE SECOND PART leases unto the PARTY OF THE FIRST PART the building (warehouse) for a term of ten (10) years, renewable at the option of both parties, provided: That the PARTY OF THE FIRST PART shall notify the PARTY OF THE SECOND PART at least 30 days in advance should the PARTY OF THE FIRST PART decide to abandon the leased premises; b. That the monthly rental of the leased property shall be P 1,000.00 payable every 30th day of the month at the residence of the PARTY OF THE SECOND PART or in any place convenient to both parties; c. That the property leased have been received by the PARTY OF THE FIRST PART in good and habitable condition; d. That all ordinary and necessary repairs within the premises that arise in the daily use of the facilities therein shall be for the sole account and expense of the PARTY OF THE FIRST PART. Said repairs or improvements, as far as practicable, are to be removed by the PARTY OF THE FIRST PART upon the expiration of the herein agreement. e. That the PARTY OF THE FIRST PART shall use the leased property exclusively for the establishment and maintenance of itik hatchery operation; f. That the PARTY OF THE FIRST PART is expressly prohibited to sublet the leased property to any one; g. That all the charges for light and water, as the case maybe, shall be at the sole account of the PARTY OF THE FIRST PART; h. That the PARTY OF THE FIRST PART shall be responsible for the observance and compliance of sanitary, environmental and other regulations required or
imposed by the Department of Environment and Natural Resources, Municipal
Government of Lutayan and other agencies of the national government; i. That violation of any of the above terms and conditions will produce ipso facto the rescission of this contract of lease. IN WITNESS WHEREOF, we have hereunto affixed our signatures this ______ th day of ________________, 2003 at Isulan, Sultan Kudarat. THE PROVINCIAL GOVERNMENT OF SULTAN KUDARAT Represented by: DATU PAX S. MANGUDADATU Provincial Governor PARTY OF THE FIRST PART SIGNED IN THE PRESENCE OF: _______________________
KASUMA USMAN Owner PARTY OF THE SECOND PART
___________________
BEFORE ME, this _________ day of _______________, 2003, at Isulan, Sultan
Kudarat personally appeared: Name C T C No. Date & Place of Issue DATU PAX S. MANGUDADATU __________ ___________________ KASUMA USMAN __________ ___________________ known to and to me known to be the same persons who executed the foregoing Memorandum of Agreement composed on two (2) pages, including the page on which this Acknowledgement is written, and they acknowledged that same is their free and voluntary act and deed and that of the entity they represent. WITNESS MY HAND AND SEAL. Notary Public Until Dec. 31, 200__ Doc. No. ____; Page No. ____; Book No. ____; Series of 2004.