19TH REGULAR SESSION A cay, NOVEMBER 21, 2016 AT 2:30 RM Y COUNCIL SESSION HALL HON. het JOAQUIN ¥) UY City Vice Magar s oa‘Republic of the Philippines CITY OF CAGAYAN DE ORO OFFICE OF THE CITY COUNCTL (ons) 857-4006; 857-4028; 857-402; 857-4035; 857-2158 November 18, 2016 THE HONORABLE MEMBERS Cry Councit CAGAYAN DE ORO CITY Gentdemes/Madam: Please be informed that the 19 Regular Session of the 18™ City Council of Cagayan de Oro will be on Monday, November 21, 2016 at 2:30 PM. at the Session Hall. ‘Thank you very much Very tly yours, A ARTURO S. 9 ‘crrvcorf "THE HONORABLE MEMBERS crryCounci. CacavAN DE Oro Crry HON. RAINEIR JOAQUIN V. UY CATYVICEMAVOR Fini Dia ‘Saoud Disa HON. ZALDY 0.OCON HON. NADYAB. EMANO- ELIPE CinyCOUNCILOR ‘Gry Counciton HON. LORDAN G.SUAN HON, MARIA LOURDES S. GAANE CirvCouncn on ‘GrvCouncion HON. EDNA M. DAHINO: HON, DOMETILO C. ACENAS, JR cirvcouns (CrryCounciior HON. JAYR PASCUAL HON. IAN MARK Q. NACAYA ‘CiTYCouNcILOR GrrrCounciio HON. ROMEO V. CALIZO. HON. LEON D. M. GAN, JR, Cine Councron (CrrvCouncioa HON. GEORGES. GOKING HON. TEODULFO F LAO, JR. Cir Councttor ‘Ciry Couneiton HON. ANNIE Y. DABA HON. SUZETTE G. MAGTAJAS-DABA, ‘Ci CouncwoR ‘CiryCouNciLon HON. REUBEN R. DABA, HON. ENRICO D, SALCEDO. Cin Counciion Coy Caunicton Excafde Menten HON. YAN LAMS.UIM CiTYCoUNCILOR, Lica NG MGA BARANGAY PRESIDENT[AGENDA OF THE 19™ REGULAR SESSION OF THE 18™ CITY COUNCIL (SANGGUNIANG PANLUNGSOD) OF CAGAYAN DE ORO ON MONDAY, 21 NOVEMBER. 2016 @rder of SBusiness A. CALL TO ORDER BY THE HONORABLE CHAIRMAN AND PRESIDING OFFICER B. INVOCATION BY COUNCILOR NADYA B. EMANO-ELIPE Cc SINGING OF THE LUPANG HINIRANG D. ROLL CALL AND DETERMINATION OF QUORUM BY THE CITY COUNCIL SECRETARY E. READING, CORRECTIONS, IF ANY, AND APPROVAL OF THE MINUTES OF THE PREVIOUS REGULAR SESSION ON NOVEMBER 14, 2016 (SEE APPENDIX "A’) F SPECIAL REPORT/S; - Councilor Zaldy ©. Ocon ~ Councilor lan Maré Q. Nacaya ~ Councilor Lordan G. Suan ~ Councilar George S. Goking G. AGENDA PROPER: [1.] PROPOSED RESOLUTION NO. 2016-105 — endorsing with Social Acceptability the installation and operation of a 40-meter self-supporting tower located at Sitio Calacapan, Barangay Indahag, this City, by EFB GEOSTRUKT, INC., (GLOBE TELECOM) represented by Robert D. Enriquez Jr, subject to the tules and regulations provided for under the City Codified Ordinance and City Ordinance No. 9119-2004, and of other government agencies covering such operation and submission by the Barangay Secretary of Barangay Indahag of a certification attesting that the signatories of the neighbor's consent are actual residents of the barangay whose properties are adjoining the proposed tower. (SEE APPENDIX “B") Daum cn fl, — lorsemert fom CLENRO Inspection and Field Verifation Report by CLENRO Environmental Clearance fica Reept-P50,000.00 Later reguest ‘Sketch Plan, Transfer Celfiate Tite (137-2016001079) Board Resolution Ne. series of 2014 INTC-Conifiae of Public Convanience and Necessity Special Permit ore Zoning issued by CPDO DOL-Radlio Frequency Radiation ui DOTC-Height Clarence Cerificate(Raa TH 19 RecA SeGSON OF Te IS" CHT CoUMER BI NovENmER7OT6 Borangay Resolution No. 35 (52014) of Barangay Indabag Barangay Construction Clearance + cow [ENVIONMENT & NATURAL RESOURCES . Counetiok ZaLpy O..Ocon, CHae : ‘COUMCLOREDNA M, DAKINO, V-CHAIR ‘Councwor JAY R. PASCUAL, MEAGER Counci.ok RoMEOV. Cauizo, MEER + ConmirTE£ On Laws & RULES Courcnok Zaupy 0. 0208, V-CHAiR - Councioe Rouso CAI, MeNDER - (COUNCILOR GEORGES, GORING, MEMBER (2.] PROPOSED ORDINANCE NO. 2016-54 - authorizing the Honorable City Mayor Oscar S. Moreno to enter into a Contract of Lease with Globe Telecom, Inc., covering a portion of the City's property located at Barangay Mambuaya, this City, with an area of 144 square meters, as site for its 40m-High, 3-Legged telecommunication tower and antenna facility, at a rental rate of P15,000.00 per month as recommended by the City General Services Office, under the terms and conditions stated therein. (SEE APPENDIX "C”) Pagumentls on ile Endorsement fom the City Lagu! Office (City Mayor’ marginal no Daft Lease of Contac! prepared y the City Legal Office Later fom the City General Services Office Later from the City Administrator Later from the Globe Telecom, Inc Lauter from the City Treasurer's Office Resolution No.5 seis of 2014 of Bavangay Mambuaya \Vicniy Map)Daclacation of Real Property, ec CCoxnurree Seonsows: * COWMITTEE OK SUBDIVISION & LANDED ESTATE. - Coumatoa Dowen.oC. AcENAS, I, CHa : ‘COUNCILORIAY R. PASCUAL, MEMBER + Commirree Ou LAWS & RULES - Coumci.oR ZALDYO. OCON, V-CHAIR : CCounevon Roueo V, Catzo, Menaex : Coumcubk CrorceS, Gok, Mamaer [3.| PROPOSED ORDINANCE NO. 2016-55 - authorizing the Honorable City Mayor Oscar S. Moreno to enter into and sign the Memorandum of Understanding (MOU) with the Department of Environment and Natural Resources-Region 10, represented by Regional Director Ruth M. Tawantawany covering the provision of supplies and materials to support the locally established Marine Protected Areas (MPA) of this City, under the terms and conditions stated therein. (SEE APPENDIX "D") Documents on fle Eridosoment from ie City Mayor Later from the City Agrculturist Ler fom the DENR Regio 10 Endorsement from te City Legal Office Draft MOA, CConnuree Seonsonss 1 ComirTe€ ON AGRICULTURE & FISHERIES - Councuor) ® Pascual, V-CHA Counce Suzertr G. MAGTAAS-Data, MEMBER Pace 3 oF 5 OF ue 18 ony Counc AZENDN(4.1 {5.] 16.) i [BF Hie 19" Recuu ye SESSION OF IME 1S™ GHy Counc 2 (ovine 2010 # Conmirree ow Laws & RULES CCounc1.oR ZALDyO. GCOS, V-CHAR ‘Counci.oe Row0 V.CALZ20, MEMBER ‘CouncxoR GeonseS, COKIN, MenuseR PROPOSED ORDINANCE NO. 2016-56 - authorizing the Honorable City Mayor Oscar S. Moreno to enter into and sign the Memorandum of Agreement (MOA) with the Department of Agriculture —Regional Field Office 10, represented by Regional Director Lealyn A. Ramos, covering the grant of two (2) units 560-square meter nursery facility under the Agri-Pinoy High Value Crops Development Program at 500,000.00 each, under the terms and conditions stated therein. (SEE APPENDIX "E") Deacumants om fe Endorsement jrom Ue Cily Mayor Ltr from te Department of Apricltre-Region 10 Endorsement fom ie City Legal Ofce Drajt MOA, CComsurtes Sronsows ‘+ CoNMSTTEC OM AGRICULTURE & FISHERIES CouncorlAyR. Pascual, V-CHAin = Councior Surerre G. MaGTAUS-Data, MEMBER “+ COMMITEE OW LawS & RULES CounctoR Zatsy 0, Coon, VCH . ‘Counci.o# RONEDV, CALZO, MeNBER - CCouncnow GeorseS, Goes, MEMBER PROPOSED ORDINANCE NO. 2016-57 - authorizing the Honorable City Mayor Oscar S. Moreno to enter into and sign the Memorandum of Agreement (MOA) with the Philippine Fisheries Development Authority (PFDA), represented by Atty. Loralie C. Datahan, Acting General Manager, covering the establishment of Community Fish Landing Center, under the terms and conditions stated therein. (SEE APPENDIX *F") Dosument on fle Eniorcment fom the City Mayor Later from the City Agrcultarst Endercement from the City Lagat Ofce Draft MOA, Cownirtee Sronsonrs: + ConirTée on Acnicurrune & FisHenies ‘Counciogiay 8, Pascual, V-CHAIR CCounenoe Su2eITe G. MAGTAAS-Dane, MEMBER + Conmrrec on Laws & RULes INANCE NO. 2016-58 - authorizing Dr. Glenn C. Bafiez, ity Finance Department, to close the four (4) Trust Fund Accounts with fhe Philippine National Bank, particularly |Adcount Nos. PNB 287440940630000415, PNB 28744514060000-24, PNB 287445 14060000-13, PNB IP with a total deposit of #2,131,555.27, /and to transfer the same to Land Bank of the Philippines-Capistrano Branch, in colnpliance with theTezuLan Spann of tue 18 Chy Counc 21 NoveNBee 2016 Lauer from the OIC-Ciy Treasure’s Office Deparment of Finance Circular No. 001-2013 cowunree Sronsows ‘© CONIMITEE ON FINANCE, BUDGET & APPROPRIATIONS. Couneuor Zona M, OaxiNo, Cra Counco® Teooutro E. Lao I. V-CHA Counciow GeoRcr S. GORING, MEMBER Couyci.or Reyes RAB, MsdBER Cooncwwak Zaupy 0. Ocon, Meare ‘Counciontar PASCUAL CCouNeRORIMAR LOURDES. GAANE + Commer on Laws & RULES : Counca.or ZatpyO. Ocon, CHAR 2 Councior RoweoV. CaLi20, MENaER : Counce GeoRce S. GOKNG, MearR [7.] PROPOSED ORDINANCE NO. 2016-59 - appropriating the sum of P43,473.75 from the “Continuing Appropriation for CY 2013 Non-Office-Land Acquisition/Expropriation” to be made available for the full payment of the claim for just compensation including documentation and registration expenses of a portion of the lot owned by Florence G. Marcelo covered under Lot Nos. 2578-A-1 & 2578-A-2, which were affected by 4.00m wide Migtugsok Road project, located at Barangay Cugman, this City; and for this purpose, authorizing the Honorable City Mayor to sign the corresponding Deed of Absolute Sale thereof, (SEE APPENDIK “H") ‘Documents on ile ater (rom the City Mayor LEC Resolution Wo, 009-2015 Cerin of Availablity of Funds (CAE) dated November 8, 2016 Endorsement fom the Cy Lagal Ofce Appraisal Report ‘Teefincal Description, Tile, map, te Later-reques fro the Lat Owner CConnurres Sronsons ‘COMMITTEE OX FINANCE, BUDGET & APPROPRIATIONS CouNeLoR EDNA M, DaniNo, CHR . CCounotor Teoutra E. Lao fk V-CHA : ‘Counci.ok EnRico D. SALCEDD, MEER - ‘Couci.oe REUBEN R, DARA, MEER + Comnirtie on Laws & Ruves: : CCouNciok ZaLDYO. Cow, V-CHAR - ‘Countcitor ROMEO V. CAL@O, MEMBER : ‘Councr.oR GEORGES. Gone, Meek [8.] PROPOSED ORDINANCE NO. 2016-60 - approving the application of Alveo Land Corporation, represented by Mr. Aristedes Gonzales, for Preliminary Approval and Locational Clearance (PALC) of Project Kayak Village 1A and Spine Road , with an area of 268,225 square meters, containing 331 lots/units, located at Barangay Tablon, this City. (SEE APPENDIX "I") Documents. file Endorsement dated Septem 13, 2016 from te CeO Housing Boord Endorsement dated September 13. 2016 from the CeO Housing Board Endorsement dated August 2, 2016 rom the CPDO econmenation for Preliminary Aperoval avd Lecational Clearance Appliatfon Application for Preliminary Approw! and Locational Clearance PAL) including sine road ‘Techeica! Elution fom the City Engines Ofce Plans (ue prints, ee [ aa Peck Tors onmue 18 Gry Count AGENDA |c eth or fe 19 Recut Session OFTHE 1A” Grn Coun, 9 Novewarn20IB ‘Comnrree SeoHsons: + Cowwirrec ov Sunpmsion & LANDED ESTATE - CCouniavor Doweruo C. ACEH, fy CHAR - Counerion Eweco D SaLcez0, V-CHnR - ‘Counce Jay. PASCUAL, MeRe®. : Coun ReuneN R, Dawa, Mexspee : ‘Counozon Mag LourpesS. Grane, Mees “+ COMMITTEE OW Laws & RULES - CouncuneRoMsoV, Cruze, Mevace : CCounestoa GaoRCES. Goan, MEMBER 19.] PROPOSED ORDINANCE NO. 2016-61 ~ donating to the Department of Education, City Schools Division of Cagayan de Oro a parcel of land under Tax Declaration No. G-177643 identified as Lot No. 20866-A with an area of 12,080 square meters located at Barangay Tuburan, this city, to be used as school site of Tuburan National High School; and for this purpose, authorizing the Honorable City Mayor to sign the Deed of Donation thereof, for and in behalf of the City. (SEE APPENDIX "I") mento le Endorsement from te City Mayor Endorsement om ie City Lea! Office Da of Donation taf Declaration o ea! Property esltion No, 12460-2016 ‘Comurree SeONsORS: + Comirre® ON EDUCATION . ‘CouMeLORSUZETTEG, MacTAns-Daba, OAR : COUNCILOR) R, PASCUAL, V-CAAIR CCouncios Masia LOURoes S, GAANE, MEMBER ‘CoUNcI.oR ROMEO V, CALEO. Mee : ‘COUNCILOR ReuBEN R. DAHA, MENRER ‘+ ConrfEe ON Laws & RULES: : Coueuce 2aL0v0. Ooo, V-Ciine : CCouncior ReneoV, Cauz0” Menten : CCouNoLoR GkaraES, GOxNa, MEMBERMINUTES OF THE 18™ REGULAR SESSION OF THE 18" CITY COUNCIL (SANGGUNIANG PANLUNGSOD) OF CAGAYAN DE ORO. _MONDAY, 14 NOVEMBER 2016 City Vice Mayor RAINEIR JOAQUIN V. UY called the session to order at exactly 3:37 PM. ‘The members present were the following: ~ City Vice Mayor RAINEIR JOAQUIN V. UY First District: ~ City Councilor ZALDY ©. OCON, PRESIDING OFricea PROTEMPORE, - City Councilor LORDAN G. SUAN - City Councilor EDNA M. DAHINO ~ City Councilor JAY R. PASCUAL - City Councilor ROMEO V. CALIZO - City Councilor GEORGE S. GOKING - City Councilor REUBEN R. DABA Second District: - City Councilor NADYA B. EMANO- ELIPE, ASSistANT MINORITY FLOOR LEADER - City Councilor MARIA LOURDES S. GAANE ~ City Councilor DOMETILO C. ACENAS, JR. ~ City Councilor LEON D. M. GAN, JR., MINORITY FLOOR LEADER ~ City Councilor SUZETTE G. MAGTAJAS-DABA, City Councilor ENRICO D, SALCEDO Ex-Officio Member: ~ City Councilor VAN LAM LIM, (President, Liga Ng Mga Barangay) On Official Business: ~ City Councilor AN MARK Q. NACAYA, MAORITY FLOOR LEADER-COALITION On Leave: ~ City Councilor ANNIE Y. DABA Absent: - City Councilor TEODULFO E. LAO, JR., ASSISTANT MAlORTY FLOOR LEADER- COALITION Alter determining that a quorum existed, the City Council proceeded to do business A. ON MINUTES OF THE L7™ REGULAR SESSION ON NOVEMBER 07, 2016 At this juncture. City Vice Mayor Raineir Joaquin V. Uy designated Councilor Romeo V. Calizo as Floor Leader In view ofthe absence of Goth Majority Floor Leader and Assistant Majority Floor Leader. MOTION NO. 22760-2016 MOTION TO DISPENSE WITH THE READING OF THE MINUTES OF THE 17” REGULAR SESSION ON NOVEMBER 07, 2016 AND TO CONSIDER THE FURNISHING OF THE COPIES THEREOF TO EACH MEMBER AS THE READING ITSELF yY Page 1 oF 5 or ne 1a iv Counck ManureMoved by Councilor Romeo V. Calizo, duly seconded by Counctiors jay . Pascual, Reuben R, Daba & Edina M. Dahino, UNANIMOUSLY CARRIED. MOTION NO. 22761-2016 MOTION TO APPROVE THE MINUTES OF THE 17™ REGULAR SESSION ON NOVEMBER 07, 2016 Moved by Councilor Romeo V. Calizo, duly seconded by Councilors Reuben R. Daba, George S. Goking & Jay R. Pascual, UNANIMOUSLY CARRIED. B. SPECIAL REPORT/S: i Councilor George S. Goking reported about the great opportunities that Go Negosyo Foundation can offer to local entrepreneurs in the city, among other things. Action taken: The report was referred to the Committee on ‘Trade & Commerce for appropriate action C. ON MINUTES OF THE 18™ REGULAR SESSION ON NOVEMBER 4, 2016 RESOLUTION NO. 12488-2016 RESOLUTION RETURNING TO THE BARANGAY COUNCIL OF BARANGAY 16, THIS CITY, ITS ORDINANCE, NO. 3, COVERING ITS ANNUAL BUDGET FOR CALENDAR YEAR 2016, WITH THE INFORMATION THAT SAID ORDINANCE IS IN ORDER AND THEREFORE THE SAME MAY BE GIVEN FORCE AND EFFECT AS OF ‘THE DATE FIXED FOR [TS EFFECTIVITY Moved by Councilor Romeo V. Calizo, duly seconded by Councilors Zaldy ©. Ocon & Reuben R Daba, UNANIMOUSLY CARRIED. MOTION NO. 22762-2016 MOTION TO DISPENSE WITH THE SECOND AND FINAL READING OF RESOLUTION NO. 12488-2016 Moved by Councilor Romeo V. Calizo, duly seconded by Councilors Reuben R Daba & Edna M. Bahino, UNANIMOUSLY CARRIED. RESOLUTION NO, 12489-2016 RESOLUTION RETURNING TO THE BARANGAY COUNCIL OF BARANGAY 14, THIS CITY, ITS ORDINANCE NO. 002, SERIES OF 2016, COVERING ITS SUPPLEMENTAL BUDGET NO, | FOR CALENDAR YEAR 2016, WITH THE INFORMATION THAT SAID ORDINANCE IS IN ORDER AND THEREFORE THE SAME MAY BE GIVEN FORCE AND EFFECT AS OF THE DATE FIXED FOR ITS EFFECTIVITY Moved by Councilor Romeo V. Calizo, duly seconded by Councilors Zaldy O. Ocon, Reuben R, Daba § Edina M, Dahino, UNANIMOUSLY CARRIED, MOTION NO. 22763-2016 MOTION TO DISPENSE WITH THE SECOND AND FINAL READING OF RESOLUTION NO. 12489-2016. Ww [Pee OFS oF Mie 1S Ciry Coun MUTEMoved by Councilor Romeo V. Calizo, duly seconded by Councilor Reuben R. Daba, UNANIMOUSLY CARRIED. RESOLUTION NO. 12490-2016 RESOLUTION RETURNING TO THE BARANGAY COUNCIL OF BARANGAY BAYANGA, THIS CITY, ITS ORDINANCE NO. 2, SERIES OF 2016, COVERING ITS SUPPLEMENTAL BUDGET NO. | FOR CALENDAR YEAR 2016, WITH THE INFORMATION THAT SAID ORDINANCE IS IN ORDER AND THEREFORE THE SAME MAY BE GIVEN FORCE AND EFFECT AS OF THE DATE FIXED FOR ITS EFFECTIVITY Moved by Councilor Romeo V. Calizo, duly seconded by Councilors Maria Lourdes S. Gane, Reuben R. Daba & Edna M. Dahino, UNANIMOUSLY CARRIED, MOTION NO, 22764-2016 MOTION TO DISPENSE WITH THE SECOND AND FINAL READING OF RESOLUTION NO. 12490-2016. Moved by Councilor Romeo V. Calizo, duly seconded by Councilors Edna M. Dahino & Reuben Daba, UNANIMOUSLY CARRIED. RESOLUTION NO. 12491-2016 RESOLUTION RETURNING TO THE BARANGAY COUNCIL OF BARANGAY 23, THIS CITY, ITS ORDINANCE, NO. 16-09-003, SERIES OF 2015, COVERING ITS SUPPLEMENTAL BUDGET NO. 2 FOR CALENDAR YEAR 2016, WITH THE INFORMATION THAT SAID ORDINANCE IS IN ORDER AND THEREFORE THE SAME MAY BE GIVEN FORCE AND EFFECT AS OF THE DATE FIXED FOR (7S EFFECTIVITY Moved by Councilor Romeo V. Calizo, duly seconded by Councilors Maria Lourdes S. Gaane, Reuben R. Daba & Jay R. Pascual, UNANIMOUSLY CARRIED. MOTION NO. 22765-2016 MOTION TO DISPENSE WITH THE SECOND AND FINAL READING OF RESOLUTION NO. 12491-2016. Moved by Councilor Romeo V. Calizo, duly seconded by Councilors Edna M. Dahine, Maria Lourdes §. Gane & Reuben R, Daba, UNANIMOUSLY CARRIED, RESOLUTION NO. 12492-2016 RESOLUTION CONSTITUTING THE CITY COUNCIL AS A COMMITTEE OF THE WHOLE TO DELIBERATE ON THE CAGAYAN DE ORO CITY EXECUTE BUDGET (GENERAL FUND AND SPECIAL ACCOUNT— ECONOMIC ENTERPRISES/UTILITIES) FOR CALENDAR YEAR 2017 Moved by Councilor Romeo V. Calizo, duly seconded by Councilors Reuben R. Daba & lay R, Pascual, UNANIMOUSLY CARRIED. MOTION NO. 22766-2016 )MOTION TO DISPENSE WITH THE SECOND AND FINAL READING OF RESOLUTION NO. 12492-2016. Moved by Councilor Romeo V. Calizo, duly seconded by Councilors Jay R, Pascual, George S. Goking & Reuben R. Daba, UNANIMOUSLY CARRIED. nNRESOLUTION NO, 12493-2016 RESOLUTION ADOPTING AND STRONGLY ENDORSING TO CONCERNED GOVERNMENT AGENCIES AND OFFICIALS, OR REFERRING TO THE CONCERNED CITY COUNCIL STANDING COMMITTEES THE HEREIN RESOLUTIONS ADOPTED BY THE ROTARY YOUTH CITY COUNCIL BATCH 2016 FOR THEIR FAVORABLE. CONSIDERATION AND APPROPRIATE ACTION Moved by Councilor Romeo V, Calizo, duly seconded by Councilors Reuben R. Daba, Edna M Dahino, George S. Goking & Jay R, Pascual, UNANIMOUSLY CARRIED, MOTION NO. 22767-2016 MOTION TO DISPENSE WITH THE SECOND AND FINAL READING OF RESOLUTION NO. 12493-2016. Moved by Councilor Romeo V. Calizo, duly seconded by Councllors jay R. Pascual, Maria Lourdes S. Gare & Reuben R. Daba, UNANIMOUSLY CARRIED. ORDINANCE NO. 13138-2016 AN ORDINANCE APPROVING SUPPLEMENTAL BUDGET NO. 2 OF THE GENERAL FUND AND SUPPLEMENTAL BUDGET NO. 2 OF THE SPECIAL ACCOUNT: ECONOMIC ENTERPRISES, BOTH FOR CALENDAR YEAR 2016, WITH AN ESTIMATED INCOMES OF P68.788,118.95 AND #3,653,226.00, RESPECTIVELY, AGAINST ESTIMATED EXPENDITURES OF THE SAME AMOUNTS: Moved by Councilor Romeo V. Calizo, duly seconded 6y Councilors Zaldy 0. Ocon, George S. Goking, Jay R. Pascual & Edna M. Dahino, APPROVED BY MAJORITY. 1 Distrie - Councilor Zaldy 0. Ocon ~ Councilor Edna M. Dahino = Councilor Jay R. Pascual Councilor Romeo V. Calizo - Councilor George 8, Goking Councilor Reuben R. Daba 2 District - Councilor Maria Lourdes S.Gzane —_- Councilor Dometilo C. Acenas, jr - Councilor Suzette G. Magtajas-Daba_- Councilor Enrico D. Salcedo Ex-Officio Member. - Councilor Yan Lam S. Lim, Liga Ng Mga Barangay (President) Against: ~ Councilor Nadya B. Eriane-Elipe - Councilor Leon D. M. Gan, Jr Abstained: - Councilor Lordan G. Suan On Officia! Business-- Councilor lan Mark Q. Nacaya On Leave: ~ Councilor Annie ¥. Daba Absent: - Councilor Teodulfo £, 120, Ie MOTION NO. 22768-2016 MOTION TO DISPENSE WITH THE SECOND AND FINAL READING OF ORDINANCE NO. 13138-2016 Moved by Councilor Romeo V. Calizo, duly seconded by Councilor Reuben R, Daba, UNANIMOUSLY CARRIED, ‘MOTION NO. 22769-2016 MOTION TO ADJOURN THE 18™ REGULAR SESSION OF THE 18™ CITY COUNCIL (SANGGUNIANG PANLUNGSOD) OF CAGAYAN DE ORO HELD ON 14 NOVEMBER 2916Moved by Councilor Romeo v. Calizo, severally seconded by the members present, UNANIMOUSLY CARRIED. ‘The session adjourmed at 4:45PM., November 14, 2016. Thereby certify to the correctness of the foregoing Minutes. ARTURO S. DE SAN MIGUEL Cry CouNaL SECRETARY Attested as correct: RAINEIR JOAQUIN V. UY CITY Vice MAYOR PRESIDING OFFICERRepublic of the Philippines CITY OF CAGAYAN DE ORO OFFICE OF THE CITY COUNCIL oaazz) 724854; (088) 857-4028; 857-4035; 857-2088 ORDINANCE NO. 13138 - 2016 AN ORDINANCE APPROVING SUPPLEMENTAL BUDGET NO. 2 OF THE GENERAL FUND AND SUPPLEMENTAL BUDGET NO. 2 OF THE SPECIAL ACCOUNT: ECONOMIC ENTERPRISES, BOTH FOR CALENDAR YEAR 2016, WITH AN ESTIMATED INCOMES OF 268,788,118.95 AND P3,653,226.00, RESPECTIVELY, AGAINST ESTIMATED EXPENDITURES OF THE SAME AMOUNTS, BE IT ORDAINED by the City Council (Sanggunieng Panlungsod) of the City of Cagayan de Oro in session assembled that: SECTION 1. - The Supplemental Budget No. 2 of the General Fund and Supplemental Budget No. 2 of the Special Account: Economic Enterprises, both for Calendar Year 2016, with an estimated incomes of P68,788,118.95 and 23,653,226.00, respectively, against estimated expenditures of the same amounts are hereby approved SECTION 2.- The detailed Supplemental Budget No. 2 of the General Fund and Supplemental Budget No. 2 of the Special Account: Economic Enterprises, both for Calendar Year 2016, composed of niste (9) and two 2) pages respectively, on file with the Records Section of the Office of the City Council shall form part and parcel of this Ordinance SECTION 3. If for any reason/S, any part ot provision of this Ordinance shall be declared unconstitutional or rendered invalid, other parts or provisions thereof which are not affected thereby shall continue to be ia full force and effect. SECTION 4, - This Ordinance shall take effect upon its approval APPROVED BY MAJORITY. Infavor: PF District = Councilor Zaldy 0. Ocon - Councilor Jay R. Pascual = Councilor Edna M. Dahino = Councilor Romeo V. Calizo - Councilor George 8. Goking = Councilor Reuben R. Daba 2! Distciee: - Councilor Maria Lourdes §.Gaane _ - Councilor Dometilo C. Acenas, Jr = Councilor Suzette G. Magrajas-Daba_- Councilor Enrico D. Salcedo ExOfficio Member: ~Councilor Yan Lara S. Lim, Ligo Ng Mga Becangey (Presicene) ‘Against: = Councilor Nadya B. Emano-Elipe — - Councilor Leon D. M. Gan, Jr. ‘Abstained: Councilor Lordan G. Suan On Officie sincss: ~ Councilor Ian Mark Q. Nacaya On Leavy - Councilor Annie ¥. Daba Absent: Councilor Teodulfo E. Lao, Jr. ENACTED this 16! day of November 2016 in the City of Cagayan de Oro. I hereby certify to the correctness of the foregoing Ordinance, ARTURO 8, DE SAN MIGUEL Cary Council SECRETARY Attested as duly enacted: RAINEIR JOAQUIN V. UY Crry Vice MAYOR PRESIDING OFFICER Approved: OSCAR S. MORENO ‘ciry Mayor Arrested: DIONNIE P. GERSANA AssistaNT CITY ADMINISTRATOR‘OFFICE OF THE CITY COUNCIL (SANGGUNIANG PANLUNGSOD) 18" CITY COUNCIL ‘Communication Number: Received From : Date: SUBJECT MATTER: Proposed Resolution endorsing with Social Acceptability the installation and operation of a 40-meter self-supporting tower located at Sitio Calacapan, Barangay Indahag, this City, by BFB GEOSTRUKT, INC., (GLOBE TELECOM) represented by Robert D. Enriguez Jr, subject to the rules and regulations provided for under the City Codified Ordinance and City Ordinance No. 9119-2004, and of other government agencies covering such operation and submission by the Barangay Secretary of Barangay Indahag of a certification attesting that the signatories of the neighbor's consent are actual residents of the barangay whose properties are adjoining the proposed tower. ‘Respectful referred to the COMMITTEE on LAWS AND RULES, che ferein communications for study, ‘investigation, repon and recommendation. FOR THE CITY VICE MAYOR & PRESIDING OFFICER: ARTURO S. DE SAN MIGUEL ‘ty Connel Secretary COMMITTEE REPORT AND RECOMMENDATION Date of Meetings Yay, 2p tv Lie i mkusion . HON. IAN MARK Q. NACAYA, cairn > oO ae) ( J AGN: Vice Chairman HON, GEORGES. GOKING, ‘ienber es Hor SALIZO, Mentor HON. ENRICO 8. SALCEDO, sventer DISSENTING ‘COMPITTEE on LAWS AND RULES ‘Sommurication Number: Appendix B |Page GRepubli ofthe Philppinas CITY GF CAGAYAN DE ORO. OFFICE OF THE CITY COUNCIL ‘Sangguring Panlungeod Tol #8644005 0674002 0572256 ‘Comraunication Number; 2016-129 Date; 10/19/2016 Receiver: ESSAMINE From: ‘LENO Subject: [APPLICATION FOR ISSUANCE OF SOCIAL ACCEPTABILITY CERTIFICATION OF GLOBE TELECOM INc, REPRESENTED BY ROBERTO D ENRIQUEZ JR, FOR THe PROPOSED ESTABLISHMENT AND OPERATION OF AGLOBE TELECOM 40 METER SELF SUPPORTING TOWER AT CALACAPAN, BARANGAY INDAHAG, THE CTY, Respectfully referted to COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES the herein communication for study, investigation, report and/or recommendation, FOR THE CITY VICE Mj PRESIDING OFRICER, HON. ecfechore ‘ve Crperson HON. GEORGE S. GOKING gh a HON. REUBEN R. DABA HOR ROMEO ¥. CALIZO Momber Member EX-OFFICIO MEMBERS. HON. (AN MARK a. NACAYA HON, LEON D.M. GAN, JR, Majorty Foor Leader Minority Floor Leader HON. RAINEIR JOAQUIN V. UY City Vice Mayor DISSENTING ‘ener rom Leave Managers nomaion Sytem. 19208 2:28 art Appendix B | Page ‘7 |Republic of the}. ipp’nes CITY OF CAGAYAN DE ORO OFFICE OF THE CITY VICE MAYOR 2F Legislative Bull City Hall Compoun Burgos St, Bray. 2, Cagayan de Oro Cit DATE October 12, 2016 FROM: CLENRO. SUBJECT MATTER: APPLICATION FOR ISSUANCE OF SOCIAL ACCEPTABILITY CERTIFICATION OF GLOBE TELECOM INC. REPRESENTED BY ROBERTO D ENRIQUEZ JR, FOR THE PROPOSED ESTABLISHMENT AND OPERATION OF A GLOBE TELECOM 40 METER SELF SUPPORTING TOWER AT CALACAPAN, BARANGAY INDAHAG, THIS CITY. ACTION: REFER TO COMMITTE RESOURCES LONE § set a oe) Appendix_B | Page_SRepublic ofthe Philippines CITY LOCAL SNVIRONMENT and NATURAL RESOURCES OFFICE Cagayan de Oro City 1* Endorsement ‘October 6, 2016 Respectfully transmitted to the Honorable ZALDY 0. OCON, City Councilor, Chairman, City Council Committee on Environment and Natural Resources the herein set of documents relative to the application for issuance of a SOCIAL ACCEPTABILITY CERTIFICATION of GLOBE TELECOM INC. Represented by: ROBERTO D. ENRIQUEZ JR., for the proposed establishment and operation of a GLOBE TELECOM 40 meter SELF SUPPORTING TOWER at Calacapan, Barangay Indahag, this City. Please be informed that the herein application as per evaluation of CLENRO was recommenced for an Administrative Fine of FIFTY THOUSAND PESOS (PHP 50,000,00) for Violation of Section 3 City Ordinance 9119-2004. Hereto enclosed (in One Folder} are the following pertinent documents relative to this application, to include: i, Order of Payment issued by the City Local Environment and Natural Resources Office (CLENRO) for payment of an Administrative Fine amounting to FIFTY THOUSAND PESOS (PHP 50,000.00) for FB GEOSTRUKT INC. /ROBERTO D. ENRIQUEZ JR. fi, Official Receipt (OR) CDO 3238768 A dated October 4, 2016 with an amount of FIFTY THOUSAND PESOS (PHP 50, 000.00) as proof of payment of the penalty and Order of Payment issued by the CLENRO. For the Committee's further deliberation, ay EDWIN E-PAEL, MPA = O1c-GLENROE_ | 7 ‘‘ Republic ofthe Philippines CITY LOCAL ENVIRONMENT and NATURAL RESOURCES OFFICE {, (Cagayan de Oro City ENVIRONMENTAL CLEARANCE Dole issued September 6, 2016 Vaiicity : December 31, 2016 Proponent GLOBE TELECOM INC. Represented by: Raberio D, Enriquez Jr - Site Acquisition Officer Project : 440 meters height Cell Ste Tower Locetion San ksidro Calacapan, Sry, Indahog, Cagayan de Ore City This clearance is hereby issued for the above stated project, subject to the monitoring/inspection of the CCLENRO at any given period and the herein slipulated provisions: 1. That all oppicable Environmental Laws, Rules, Regulations, Policies, Cily Codified Ordinance and the submission of requirements, as needed. shall be observed and complied with by the Contractor and Management of Globe Telecom. Inc. 2. That the Contracler and Manogement of Globe Telecom must comply and adhere to the provisions of City Orcinonce # 9119-2004. 3. The propenent shall maintain proper environmental sanitation measures within the project areo {and its surrounding vicinity pursuant fo City Ordinance No. 8975-2003, 4. That the Project Proponent and/or Management of the Globe Telecom in all monner be held liable and accountable for compensotion to [oss of ives ond/or damoges properties ond lives in any eventualties cause Both by the Notural Calamities and/or Man - Made Activities thereat, 5. Shict prohibition of pollutonts derived from the project crea. That no ectiity other than the applied Purpose shall be undertaken, 4, That CLENRO personnel has the right fo Entny in the conduct of Monitoring and inspection at any given time. The proponent sho!l support all Environmental Progroms of the City Government, 08 carried out by the CLENRO. 7. Any other construction or installation contrary to the specifications of this particular project is not authorized by this sued Clearance, hence, for such purpose the necessary Buiiding Perri from the City Building Office Is required, 8 Non = Renewal of this Clecrance upon the date of Expiry will cause for the Sloppage and Closure of the above - stated Giobe Cel Site Tower, 9. Comploinis of any violations fled before this office and found fo have sufficient legal grounds, os Verified and assessed shail be subject fo the Cancellation, Revocation or Suspension of ifs Permit. 10. In the interest of Public Safety and General Welfare, non-compilonce of the herein set of congilions or as the need arises shal cause the Stoppage/Cease of the operation, This CLEARANCE is Issued as a regulatory power of CLENRO and form part of the requiement in processing for the issuance af the Permit for the above stated ently Issued this 6" day of September 2016 al the Cily of Cagayan de Oro, Pritiopines. mmending ‘rp Tami, SALVADOR |, Enviconmental Management Division] Approved: EDWIN I-BAEY/ MPA ‘OCC eKRO Appendix B | Page _10Republic af the Philippines Aspmnerass bento City of Cagayan da Oro Copano matijes Bets a Sy a rs et Noe 087.31 SPECIAL PERMIT ON ZONING Date Issued June 9, 2016 Expiry Date December 31, 2016 Lot Owner 1.0. RARIISES TRADING & REALTY CO, INC. & SERISA RARISES EMANO Lot Number + Lot 2837-85, Psd-10-026376 ApplicantiOwner = GLOBE TELECOM INC. Rep. By: EFB GEOSTRUKT, INC. | Roberto D. Enriquez Jr. Address The Gobal Tower, 32" Sts, cor. 7th Ave, Bonifacio, Global City, Taguig Type of Project :Cellsite _:(40.00-'m. high Self Supporting Tower) Location of Project: San Isidro, Calacapan, Indahag Cagayan de Oro City Project Classification : Commerciai Zoning Classification _: Medium Density Residential Zone (Ra) CONDITIONS : 1. Allconditions stipulated herein form part ofthis declsion and are subject to monitoring; 2. This Special Permit on zoning shall not guarantee the applicable requirements of other government agencies and applicable provisions of existing laws shal! be complied with; 3. Noactivity other than applied for shall be conducted within the project site; 4. Provisions as 10 setbacks, yard requirement, bulk easement, area, height and other restrictions shall strictly conform with the requirements of the National Bullding Code and other related iews; 5. Incase of electrical interference, no equipment,process, which creates visual ot audible interference to any radio or TV receivers off the premises or causes fluctuation; 6. That Barangay Resolution on the public hearing conducted by the concerned Barangay Council for Social Acceptability of the community shall be secured; 7. That the applicant shall secure authority from the City Government of Cagayan de Oro; 8. That Social Acceptability from the Mayor shall be secured upon application of building permit; 9. That Certificate of Non-Coverage (CNC) with CNC-R10-502-0002 issued on February 2, 2015 from the DENK shal be complied; 10. Subject to comply for DAR clearance; ‘1. That the height shall conform to Height Clearance Permit issued by Air Transportation Office; ‘2. Expansion, alteration or reconstruction of the 40.00 meters highy Self Supporting Tower with Lightning Arrester project is strictly not allowed. Failure or violation of this condition shall automatically revoke and cancels. this Zoning Permit. 13. Any mistepresentations, false statement or allegations material to the issuance of this permit and rnon compliance therewith shall be sufficient cause for its revocation. ENGR. I8|PRO G. BORJA City Planning and Dkyelopment Coordinator New orno. + BIC 3.2 Datelssued «__ 60-4 -/U amount eee AD A cagnande Ory re oPHON. MELITONA B. PATRIANA Puneng Barangay KAGAWAD/ CHAIRMANSHIP. Hon, Dolly B. Bete Chairon Women and Family Relation, Seautifation Hon. Nilo T. singsing CChair on Finance, Ways and Means ‘Chalron Peace and Order Hon. Carmetite R- Damo Cchaie on Water System Chair on Senior Citizen Hon. Renejane P. Babia Chair on Education ‘Chair on Garangay Laws and ‘Ordinance Hon.Mary Ann €. Nambatac Chair on Health Sanitation And Waste Maragement Hon. Bruno ¢. Exequil Chair on General Services Chair on infrastructure Hon. Priscilano J. Reyes Chair on Agriculture Chair on Natural Besaurces and Environment Diana U, Apostol Barangay Secretary Marjun w. Yana Barangay Treasurer Republic of the Philippines City of Cagayan de Oro BARANGAY INDAHAG Office of the Barangay Chairwoman BARANGAY CONSTRUCTION CLEARANCE, To whom it may concern; Barangay Coastuction Clearance is hereby granted to GLOBE to construct buliding/tower at portion of lot 2837 located at Sitio Calacapan, Barangay Indahag with subdivision plan of tot 2837-84, Psd-10-026376 this City after having verified and evaluated that the structure covered by the application for ‘Suilding Permit is/ are cleared from the following: 1, That the structure is not affected by the road development plan of the barangay approved by the City Government; 2. Thatth Structure will not cause flow 3. The structure will not block off the passageway of the interior resident's outward to the existing road; 4, That the structure and the activities to be performed within will not cause air or water pollution. | Thio centificatien is issued for building construction purposes, Seaucd this I” day of November 2014 at the Office of the Barangay Chairwoman, Barangay Indahag Cagayan de Oro Ci , \danzo, Philippines. CIC No: Issued at : \ssued OyFSA Bopartmant of Environment and Natural Resources == —- ENVIRONMENTAL MANAGEMENT BUREAU. LONMENTAL * Office of the Regional Director MANAGEMENT BUREAU ~ Kegiot-10, Macabtlan, Cagayan de Oro City IN ACCORDANCE WITH THE REVISED PROCEDURAL MANUAL FOR DENR ADMINISTRATIVE ORDER NO. 30, SERIES OF 2003 OF PRES DECREE NO. 1586, THIS CERTIFICATE OF NON-COVE No. CNC-R10-1502-0002 Is ISSUED TO GLOBE TELECOM, INC. The Globe Tower, 32nd Sts. cor 7th Ave., Bonifacic, Global City ON 2/2/2015 (Date of issuance) FOR ITS PROJECT SELF-SUPPORTING TOWER-40 METERS (BRGY UPPER ALUBA MACASANDIG COD MOR CELL SITE Buildings,Storage Facilities and Other Structures Located at San isidro Calacapan, Indahag Cagayan de 070 City, Misamis Onental, R10 ( Buildings, Storage Facilities and Other Structures; Telecommunication projects; (Not Applicable): (Not Appiicable): regarciiess of type ) THE ISSUANCE OF THIS CERTIFICATE SHALL NOT EXEMPT THE GRANTEE FROM COMPLIANCE WITH APPLICABLE ENVIRONMENTAL LAWS, RULES AND REGULATIONS INCLUDING THE PERMITTING REQUIREMENTS OF OTHER GOVERNMENT AGENCIES. MOREOVER, ANY EXPANSION AND/OR MODIFICATION OTHER THAN SPECIFIED ASOVE MAY BE CONSIDERED AS A VIOLATION OF PD. 1586 (EIA SYSTEM) AND SHALL BE SUBJECTED TO IMPOSITION OF FINES/PENALTIES AMOUNTING TO PHP50,000.00. Recommending Approval JIMENEZ Chief\Clearance & Permitting Div. Regional Diecty Amount Paid: Php 100.00 ‘OR No: 4999629 Date: 2/2/2015 Tracking No-R10:020215-2241Republic of the Philippines City of Cagayan de Oro BARANGAY INDAHAG Office of the Barangay Chairwoman Resolution No: 35 Series of 2014 MINUTES OF THE 19% REGULAR SESSION HELD AT BARANGAY SESSION HALL, BARANGAY INDAHAG CAGAYAN DE ORO CITY, HELD LAST October 13, 2014. Present: Hon. Melitona B, Patriana Bray. Chairwoman Von. Dolly 8. Bete Brey. Kagawad Hon. Nilo T. Singsing Brgy. Kagawad Hon, Carmelito R. Damo Brgy. Kagawad Hon. Renejane Babia Brey. Kagawad Hon. Mary Ann Nambatac Brey. Kagawad Hon.Bruno Exequil Bray. Kagawad Hon, Priscillano J. Reyes Brgy. Kagawad Mrs. Diana U. Apostol Brgy. Secretary Mr. Marjun N. Yana Brgy. Treasurer Absent: None RESOLUTION FOR SOCIAL ACCEPTABILITY FOR THE ‘PROPOSE CONSTRUCTION OF GLOBE TOWER AT SICIFA SITIO CALACAPAN BARANGAY INDAHAG, CAGAYAN DE ORO cry Whereas; it was presented before the members of the council for consideration and approval; Whereas; the Globe Tower will be situated at SICIFA property at Sitio Calacapan ‘barangay indahag, this City Whereas; the propose location of the Globe Tower is open area and no houses erected near the location Whereas, the propose construction of Globe Tower is for the benefits of the large numbers of residents of barangay Indahag using telecommunication Whereas; the Barangay Council accepted it with full support and willingness and no objection for the GLOBE Tower project Wherefore; on motion moved by kag, Carmelito R, Damo and was duly seconded by Kag. Priscillano J. Reyes, it was; Resolved; as the barangay Council of indahag hereby resolved resolution interposing no objection for the propose construction of GLOBE Tower situated at Sitio Calacapan, Barangay Indahag, Cagayan de Oro City. UNANIMOUSLY APPROVED BY THE BODY: Done this 13" day of October 2014, at Barangay Indahag, Cagayan de Oro City. {Republic of the Philippines CITY OF CAGAYAN DE ORO OFFICE OF THE CITY COUNCIL {SANGGUNIANG PANLUNGSOD) ‘18 CITY COUNCIL, 1 67 4c 40287406, 1572388 ‘Communication Number: Received by: From : Date: SUBJECT MATTER: Proposed Resolution authorizing the Honorable City Mayor Oscar S. Moreno to enter into a Lease of Contract with Globe Telecom, Inc., covering a portion of the City’s property located at Barangay Mambuaya with an area of 144 squ; re bate as Selo its 40m-High, 3 Legged telecommunication tower and antenna facility, aloe conditions stated therein, Meee ee Seri mfered tothe COMMITTEE On LAWS AND RULES, the fri communion for st, investigation, report and recommendation. FOR TME CIT VICE MAYOR & PRESIDING OFFICER: ARTURO 8. DE SAN MIGUEL (City Council Secretary COMMITTEE REPORT AND RECOMMENDATION Date of Meeting: ae. (2016 Pe edna HON. IAN MARK Q. NACAYA, eer HON. ZAt ON, Vie Cannas (iy fo V. CALIZO, sienter HON. ENRICO S. SALCEDO, seméer DISSENTING Appendix [Page 15Reavblic of che Phtes Siey ct Cogsyan deo ‘cty Hy Au Dawns ae Repubite ofthe Phitippes [ee CITY LEGAL OFFICE | —.. 5" Indorsement 26 October 2016 = Respectfully returned to Hon. tan Mark Q. Nacaya, Chair, Committee on Laws aiid Rules, tifough ‘Maria Carla-Larrazabal-Licayan, Legislative Staff Officer IV, Chief, Legislative Committee Division, Office of the City Council, this City, the herein attached 4" indorsement dated 06 October 2016, relative to the Proposal of Globe Telecom to lease a portion of the City Government property located at Barangay Mambuays, Cagayan de Oro City, with the information that as duly requested this Office has prepared the attached draft Lease Agreement incorporating therein the pertinent provisions found in Globe's Draft Memoranduen af Conformity on Commercial Terms. ATTY, DONALD G. DELEGENCIA OIC ~ Cy Legal OfficeLEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This LEASE AGREEMENT, _ entered into. —this_— day by and between: of THE CITY GOVERNMENT OF CAGAYAN DE ORO, a municipal corporation and local government unit duly created and existing by virtue of R.A. 521 {Cagayan de Oro City Charter] and R.A. 7160 (Local Government Code of 1991) herein represented by the HON. CITY MAYOR OSCAR S. MORENO, of legal age, Filipino, married and a resident of Cagayan de Oro, Philippines, hereinafter referred to as the “LESSOR”; -and- GLOBE TELECOM, INC,, a corporation duly organized and existing under the laws of the Republic of the Philippines, with principal office at 5™ Floor, Globe Telecom Plaza, Pioneer Street, Mandaluyong City, Metro Manila, represented herein by NOEL TERRIBLE, Head-Site Acquisition and JONATHAN MANUEL, Head-Wireless Access Implementation, both of legal age, Filipinos, married, and with office address at __ Philippines, hereinafter referred to as the “LESSEE”; WITNESSETH THAT: WHEREAS, the LESSOR is the owner of a parcel of land declared under its name per Tax Declaration No. G-270557, PIN No. 164-009-071-04-001 and Cad Lot 20557 CAD 369-D located at Mambuaya, Cagayan de Oro City, which Tex Declaration is hereto attached as ‘Annex “A”, and hereby to form as an integral part of this Lease Agreement; WHEREAS, the LESSEE is in need and desires to lease a portion of the aforementioned property ot an area of One Hundred Forty-Four (244 sq. m.) Square Meters, more or less, herein referred to as the “Leased Premises” (please refer to the attached plan Annex “B”), which is found to be feasible location for its 40m-High, 3-Legged telecommunication tower and antenne facility; WHEREAS, the LESSOR agrees to lease to the LESSEE the Leased Premises, and the LESSEE hereby accepts the same; NOW, THEREFORE, in view of the foregoing premises and the covenants, recitals and stipulations herein stated, the parties agree and bind themselves as fallows: 1. EASED PREMISES. The LESSOR shall lease to LESSEE the following: Location : Portion of the Lot under Tax Declaration No, G-270857, with an area of One Hundred Forty-Four (244 sq.m.) Square Meters, more or less, per attached Plan (Annex "B"), located at Mambuaya, Cagayan de Oro City; 2. WARRANTIES. The LESSOR shall render the Leased Premises available and suitable at all times for the duration of the lease for the LESSEE’s use for its 40m-High, 3-Legged telecommunication tower and antenna facility. Demolition of existing structure, if any, (Appendix 6 | Page 17 _|and or cutting of trees, etc. shail be borne by the LESSEE subject to such lews, rules and regulations but only upon written notice to the LESSOR ACCESS AND INSPECTION. The LESSOR, upon prior notice, only allows the authorized employees/representatives/agents of the LESSEE access to and from the Lease Premises, as well as access to other telecommunication equipment/facilities, in connection with the installation, operation or maintenance thereof by the LESSEE. The LESSEE further undertakes that the said employees/egents shall abide by the rutes and regulations as well as the security and safety measures of the LESSOR while within the Leased Premises. But the LESSOR or any of its authorized representatives shall have the right to conduct inspection/examination which may be necessary for the operation and maintenance of the Leased Premises at any reasonable hour of the day. LESSOR’s Contact person Office Address Phone Number LESSEE’s Contact Person Office Address Phone Number USE AND INSTALLATION. The LESSEE shall solely and exclusively use the Leased Premises {as the location for its 40m-High, 3-Legged telecommunication tower and antenna facility. But any and all constructions and installations must be duly approved by both parties which shall observe and comply with the National Building Code of the Phillppines, other related laws (whether by the local or national government authorities) and their rules and regulations. PUBLIC UTILITIES. The LESSEE, at Its expense, shall be responsible for securing the necessary public utlities (such as electricity connection), Power of feeder line shall be supplied and installed at the expense of the LESSEE. For this purpose, the LESSEE shell, as, Its expense, install a meter for monitoring ts electrical consumption or other utility charges. The LESSOR shall allow the LESSEE to install and maintain the necessary fixtures, equipment and accessories for the supply of utility services to the Leased Premises. The LESSEE shall pay for its actual consumption of electricity and other public services or utilities incurred in relation to use of the Leased Premises. Any Genset installation at the Leased Premises shall be upon prior written notice to the LESSOR, RIGHT OF WAY. uring the duration of this Agreement, the LESSOR shall provide the LESSEE with the necessary right-of-way far the LESSEE’s telecommunication activities including but not limited to (i) the location and installation of electric posts, poles, pipes, wires, conduits, risers, catwalk, ladder, cables (e.g. copper, fiber optic); (i) ingress and egress for personnel, mode of transportation (e.g, motor vehicies, animal drawn vehicles) and other effects and equipment to the Leased Premises as may be deemed necessary for the construction, installation, maintenance and operation of the LESSEE’s telecormunication cell site and facilities on the Leased Premises. HoweVer, the prior approval of the LESSOR should be secured as to the placement/location of any electric posts, poles, pipes, wires, conduits, risers, catwalk, ladder, cables and other effects to be talled which creates the burden of a right-of-way. CONSIDERATION. As consideration for the lease and use of the Leased Premises, the LESSEE shall pay the LESSOR a monthly rental of FIFTEEN Thousand Pesos only (Php 45,000.00}, Philippine Currency, but shal! be subject to review and increase every 3 year upon written notice to the LESSEE which shall not exceed 5% of the base monthly rent. Upon execution of this Lease Agreement, the LESSEE shali deposit to the LESSOR an Appendix C_; | Page 18 _|10. 14, 12, 13, 14 15. amount equivalent to the rate of the base monthly rent for Three (3) months, wherein the One (2} month deposit shall be applied as rent for the First Month and the remaining ‘Two (2) months deposit shall serve as a security deposit to answer partially for damages, obligetionsfiabilties for utilities such as Water, electricity, ete, and in case of pre- termination, breach, and other liabilities of the LESSEE without prejudice to whatever claims, rights, remedy or action the LESSOR may further take against the LESSEE. Otherwise, the said deposit shall be returned to the LESSEE after termination hereof. The monthly rent shal! be payable within the first Ten (10) days of the month to which the rental corresponds without the need of demand and thereafter, the LESSOR shall issue the corresponding Acknowledgment Receipt therefor. CARE AND SANITATION. During the term of this Agreement, the LESSEE shall, at its own expense, keep and maintain the Leased Premises clean, orderly and in sanitary and tenantable condition, The LESSEE shall not bring into and store in the Leased Premises anything of highly flammable or explosive nature, or any apparatus, machinery or equipment which may cause interference to other electrical equipment, radio, cable, CCTV, cellphone and etc,, structural defects, obnoxious odors, tremors oF nase, or which may expose the Leased Premises to fire or increase the fire hazard, provided, however, that the LESSEE may bring in necessary fuel for its generator set in cases of power failure. PROHIBITION OF ILLEGAL ACTIVITIES. The LESSEE, its employees, assigns, subsidiaries, contractors and/or representatives shall not undertake any illegal, imrnaral and/or illicit acts, deeds, conducts items and substances within the Leased Premises. IN CASE OF EXPROPRIATION. if the Leased Premises or any part thereof materially affecting the LESSEE’s use of the premises shalt be taken by eminent domain, this lease shall terminate, The LESSEE shall not be entitled to any part of the award for such taking or any payment in feu thereof. PERIOD OF LEASE. This Lease Agreement shail be for a period of Ten (10) years which shall commence upon execution of this agreement renewable for another Ten (10) years, subject to renegotiation by mutual consent of both parties with written notice given at Feast Sixty (60) days before the expiration of this Agreement. Any party may pre- terminate this Agreeient with Sixty (60} days prior written notice to the other party. SUBLEASE, TRANSFER OR ASSIGNMENT OF RIGHTS. The LESSEE’ shall not, without prior written consent of the LESSOR, sublease/sublet the Leased Premises or any part thereof and/or to assign or transfer its rights herein to its sister companies, affiliates, subsidiaries and to third parties. PERMITS, TAXES, FEES, LEVIES, OR CHARGES. The LESSEE shall be liable to secure the necessary permits and shail pay for any and all taxes, assessments, levies or other fees or charges that may be imposed or assessed by the national or local government authorities relative hereto including those on the improvements and installations introduced by the LESSEE within the ‘eased Premises as well as taxes, assessments or levies on the LESSEE’s conduct of its operation in the Leased Premises; SIGNS AND ADVERTISEMENTS. No notice, sign, or other advertising media shall be inscribed, painted, affixed or displayed within the Lease Premises, except with the prior written consent of the LESSOR, and even then, It shall be only of such size and style as the LESSOR may determine. The restriction under Paragraph 4 hereof is likewise applicable. INJURY OR DAMAGES. The LESSEE hereby assumes full responsi any and all injuries or damages which may be caused to any person (including its own “Appendix. €, [Page 19 |