Deed Of Usufruct 3j1n3v

DEED OF USUFRUCT KNOW ALL MEN BY THESE PRESENTS: This DEED is made and executed by and between: The CITY GOVERNMENT OF MALAYBALAY, a government political subdivision, created under the laws of the Republic of the Philippines, with office address at the City Hall Drive, City Hall, Malaybalay City, represented in this instance by its City Mayor, Hon. IGNACIO W. ZUBIRI, as authorized by S.P. Res. No.__________, series of 2014, hereinafter referred to as the OWNER; -and-

The

BUREAU

OF

FIRE

PROTECTION

(BFP),

national government agency created by virtue of Republic Act No. 6975 with regional office address at Maharlika Bldg., Gumamela Extension, Carmen, Cagayan de Oro City herein represented by SUPT LINDY C. LAUZON, MPA, DSC, BFP, in his capacity as the Officer-In-Charge of BFP-10, as authorized by FCSUPT CARLITO S ROMERO,DSC, OIC-BFP, per _____. dated _____________, hereinafter called as the “USUFRUCTUARY”; . WITNESSETH: WHEREAS, it is a well-entrenched constitutional principle that “The maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy” (Sec. 5, Art. II, 1987 Phil. Consti.);

WHEREAS, “Every local government unit shall exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential for the general welfare” (Sec. 16, Chap. II, Title I, Local Government Code of 1991);

WHEREAS, Chapter IV, Section 56 R.A. 6975 specifically mandates that "There shall be established at least one (1) fire station with adequate personnel, firefighting facilities and equipment in every provincial capital, city and municipality subject to the standards, rules and regulations as may be promulgated by the Department. The local government unit shall, however, provide the necessary site of the station"

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WHEREAS, pursuant to Sangguniang Panlungsod Resolution No. ______, Series of 2014, the OWNER has allocated a parcel of land containing an aggregate area of SIX HUNDRED (600) square meters identified as Lot. 12-A covered under CT No. T-100713 and 12-B, covered under CT No. T-100714, PSD-10-045867 loated at Magsaysay St., Brgy. 02, this city, to be the site of the new Malaybalay City Fire (A copy of the Sketch Plan with the technical description is hereto attached as Annex "A" to form part hereof; WHEREAS, the OWNER, by these presents offers for the use of the USUFRUCfUARY the abovedescribed property to where the new Malaybalay City Fire Station will be erected; WHEREAS, the USUFRUCTUARY accepts the above-stated offer of the OWNER with gratitude and deep appreciation. WHEREAS, pursuant to Resolution No. __, dated of the Sangguniang Panlungsod, the City Mayor Hon. IGNACIO W. ZUBIRI, has been authorized to sign, execute and deliver this Deed of Usufruct for and in behalf of the City of Malaybalay; WHEREAS, pursuant to S.P.A. dated ____________executed by the Chief BFP, SUPT LINDY C LAUZON, OIC BFP 10, has been authorized to enter into, sign and accept in behalf of the said cooperative; NOW THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants hereinafter contained, the parties hereby agree to the following and conditions: 1. TERM- The term of the usufruct shall be for a period of Thirty Years (30) years, renewable at the discretion of the City Government, the USUFRUCTUARY is hereby given the right and privilege to exclusively use the SITE where the new Malaybalay Fire Station will be established; 2. OWNERSHIP - while the usufruct and/ or the beneficial use of the SITE is transferred to USUFRUCI'UARY, the ownership and title of the SITE remains with and continues to be in the name of the OWNER. Upon the expiration or non-renewal of the contract, improvements introduced on the site shall accrue to the City Government. 3. INTRODUCTION OF INFRASTRUCTURES, FACILITIES AND IMPROVEMENTS. - the OWNER and the USUFRUCTUARY shall tly provide, introduce and/ or maintain proper infrastructures, facilities and improvements, e.g. electricity, communication and water facility that shall make the SITE sustainable and viable for the USUFRUCTUARY; 4. EXCLUSIVE USE- The USUFRUCTUARY shall exercise its right to the exclusive use of the SITE and shall construct and maintain its building and/ or facilities, structures and improvements in the SITE in accordance with local ordinance and/ or national laws on environmental safety, maintenance and preservation. 5. The parties and its successors in interest shall at all times exercise good faith in the performance of their obligations and the exercise of their rights under this DEED and no termination hereof shall be availed

Witness Witness Usufructu ary Owner __________ __________ _____ __________ __________ _______ Signed in the presence of: IGNACIO W. ZUBIRI LINDY C. LAUZON

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except in case of a serious and material breach, so that no party may be unduly deprived of its rights under this contract. IN WITNESS WHEREOF, the herein parties have set their hands this __ day of _______ 2014 in Malaybalay City, Philippines. CITY GOVERNMENT OF MALAYBALAY BUREAU OF FIRE PROTECTION Owner Usufructuary Represented by:

Represented by:

Hon. IGNACIO W. ZUBIRI DSC City Mayor

SUPT LINDY C LAUZON, MPA, OIC BFP 10

Signed in the presence of:

_______________________

________________________

_______________________

_______________________

ACKNOWLEDGMENT Republic of the Philippines) _________________________..) SS.

BEFORE ME, this ____day of ________, 2014, in ____________________________, Philippines, personally appeared the following:

Name IGNACIO W. ZUBIRI LINDY C. LAUZON

ID/CTC No. ______________ BFP I.D. No. 10-10-05999

the

Date/Place Issued _______________________ _______________________

known to me and to me known to be the same person who executed the foregoing instrument and acknowledged to me that the same is their free act and voluntary deed. This instrument consisting of Three (3) pages, including this page whereon this acknowledgment is written, has been signed by the parties and their instrumental witnesses on each and every page thereof, sealed with my notarial seal.

page 4 of 3 WITNESS MY HAND AND SEAL, on the date, year and place first above written.

____________________________ NOTARY PUBLIC Doc. No. _______; Page No. _______; Book No. _______; Series of 2014