MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENT:

This Agreement is made and executed in the City of Baguio by and between:

ENVIRONMENTAL MANAGEMENT BUREAU-CORDILLERA

ADMINISTRATIVE REGION, a government entity duly organized and existing in
accordance to the laws of the Philippines, with office address at DENR Compound,
Gibraltar, Baguio City, represented by its Regional Director, MS. MA. VICTORIA V.
ABRERA, hereinafter referred to as the “WELL OWNER”;

and

BAGUIO WATER DISTRICT, a government instrumentality exercising corporate

powers, duly organized and existing in accordance with Presidential Decree No. 198, as
amended, with office address at No. 003 Utility Road, Barangay Marcoville, Baguio City,
represented by its General Manager, ENGR. SALVADOR M. ROYECA, hereinafter
referred to as “BWD”

WITNESSETH THAT:

WHEREAS, the WELL OWNER has a water permit application (WPA No. CAR-BEN-
2018-07-093) pending before the National Water Resources Board for an existing deep well
situated within its office compound at Gibraltar, Baguio City for the purpose of supplying the
water needs of its building;

WHEREAS, pursuant to Presidential Decree No. 198, as amended, BWD is mandated to

provide the reasonable water needs of the consuming public of Baguio City as well as protect the
water sources within its territorial jurisdiction so as to prevent interferences to its existing water
sources that supply the greater public. Hence, private well owners are required to synchronize their
water production or extraction with that of BWD’s water sources;

WHEREAS, by way of consideration, BWD consents to the operation of the foregoing well
by the WELL OWNER, subject to certain terms and conditions;

NOW THEREFORE, for and in consideration of the terms and considerations stipulated
hereunder, the parties hereby agree on the following:

1. The WELL OWNER shall authorize BWD to install a duly tested, calibrated and
properly sealed production meter to the well, and to monitor the extraction of water
from the well. All costs relative to the installation of the production meter shall be
assumed by the WELL OWNER.

2. The WELL OWNER shall maintain the wells’ size of casing (8”Ø) and riser pipe (1
1/2ӯ) in consonance with the water requirement of 0.5 LPS as reflected in its water
permit application pending before the National Water Resources Board.

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 3. The WELL OWNER shall permit BWD representative/s to inspect the well, at any
given time during office hours, for the purpose of monitoring the well’s production.

4. In the event that the operation of the well by the WELL OWNER shall be determined
by BWD to be interfering with the BDW’s existing water sources, the WELL OWNER
shall follow the schedule water extraction to be provided by BWD.

5. The WELL OWNER shall not cause the disconnection of its existing waster service
connection with BWD.

6. This Agreement shall be binding upon the parties, assigns and successors-in-interest,
unless earlier terminated and/or revoked by herein original parties.

7. Arbitration- Any dispute arising from the execution of or in connection with this
Memorandum of Agreement shall be settled through negotiation. In case no settlement
can be reached, the case shall then be submitted by either party to the proper authority
for arbitration. In such case, the Alternative Dispute Resolution Act of 2004 shall
govern.

8. Venue of Court Action- The parties hereby agree that in case of litigation for the
enforcement of the provisions of this Agreement, the venue of the action shall be in the
proper Courts of Baguio City only.

9. Amendment Clause-No amendment, modification or alteration of this Agreement, shall

be valid or binding on either party unless the same is made in writing and executed
with the same formalities observed in this Agreement.

IN WITNESS WHEREOF, the PARTIES have hereunto set their hands this
_____________________________ at Baguio City, Philippines.

ENVIRONMENTAL MANAGEMENT BUREAU- BAGUIO WATER DISTRICT

CORDILLERA ADMINISTRATIVE REGION

Represented by: Represented by:

_______________________________ _____________________________
MS. MA. VICTORIA V. ABRERA ENGR. SALVADOR M. ROYECA

Signed in the presence of:

________________________________ _____________________________
ENGR. ALEX C. LUIS ENGR. FERNANDO A. PERIA
Chief, Environmental Enforcement and BWD NRWM Division Manager
Monitoring Division

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Republic of the Philippines )
Done in the City of Baguio ) s.s.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the City of Baguio, this ________________
appeared the parties at the above-given place, exhibiting competent proof of their identity as
stated below:

1. MS. MA. VICTORIA V. ABRERA _____________________________

2. ENGR. SALVADOR M. ROYECA Baguio Water District ID NO. 155

Known to me to be the same persons who executed the foregoing Memorandum of Agreement
and they acknowledged to me that the same is their voluntary act and deed and of the entities
which they represent.

I certify that this document consists of three (3) pages including this page where the
acknowledgement is written, and that each and every page hereof has been signed by the parties
and their instrumental witnesses.

WITNESS MY HAND AND SEAL on the date and at the place first above written.

Doc. No. ____;

Page No. ____;
Book No. ___ ;
Series of 2019.