Pre-design Agreement Between Owner and Architect

This AGREEMENT, made and entered into this 20th day of March in the year 2019 Twentieth
of March two Thousand and nineteen.

By BETWEEN the Owner Andre Tan Go, Single, resides at Ayala Westgrove Heights Santa
Rosa Laguna and the ARCHITECT Kathleen Lourel Hamo, resides at Solen residences Santa
Rosa Laguna.

WHEREAS, it is the intention of the Owner and in the best interest of the project to secure the
professional services of the Architect for the proposed: for the Project: The Taal view garden
Bistro, Gen Emilio Aguinaldo highway, Tagaytay city, Cavite . hereinafter referred to as the
PROJECT.

WHEREAS, the realm of the professional services of the Architect shall be based on the
document published by United Architects of the Philippines (UAP) under Architect’s National
Code : Standards of Professional Practice.

NOW, THEREFORE, the OWNER and the ARCHITECT, for and in consideration of the
foregoing premises of the covenants, agreement and stipulation set forth, do hereby agree as
follows:

(This document has important legal consequences. Consultation with an attorney is encouraged
with respect to its completion or modification.)

ARTICLE 1 GENERAL STATEMENT

The OWNER finds it practical and expedient to engaged the ARCHITECT in the process of
studying, programming and analyzing the viability of the project. Thereby, the client has
commissioned the ARCHITECT to perform services other than purely architectural or designing
services.

ARTICLE 2 GENERAL SCOPE OF SERVICES

Hereunder are the scope of work to be done by the ARCHITECT, as authorized by the
OWNER, for the subject project, herein referred to consists of PRE-DESIGN SERVICES.
2.1 Economic Feasibility Studies
2.2 Project Financing
2.3 Architectural Programming
2.4 Site Selection and Analysis
2.5 Site Utilization and Land Use Studies
2.6 Space / Management Studies
2.7 Promotional Services

ARTICLE 3 DETAILED SCOPE OF SERVICES ARCHITECT RESPONSIBILITIES

3.1 The Architect shall provide architectural services for the Project as described in this
Agreement.

3.1a The Architect shall perform its services consistent with the professional skill and care
ordinarily provided by architects practicing in the same or similar locality under the same or
similar circumstances.

3.2 The Architect shall perform its services as expeditiously as is consistent with such
professional skill and care and the orderly progress of the Project.

3.2a The Architect shall assist the Owner in determining consulting services required for the
Project.

3.3 The Architect’s services include the following consulting services, if any:
3.3a All throughout the design phase, the Architect shall review the Owner’s scope of work,
budget and schedule and reach an understanding with the Owner of the Project requirements.

3.4 Based on the approved Project requirements, the Architect shall develop a design, which
shall be set forth in drawings and other documents appropriate for the Project.

3.4a With the Owner’s consent of the design, the Architect shall prepare Construction
Documents indicating requirements for construction of the Project and shall coordinate its
services with any consulting services the Owner provides.

3.5 The Architect shall assist the Owner in filing documents required for the approval of
governmental authorities, in obtaining bids or proposals, and in awarding contracts for
construction.

3.5a All throughout the Construction Phase, the Architect shall act as the Owner’s appointed
person and provide administration of the Contract between the Owner and Contractor.

3.7 Promotional Services

3.7a The ARCHITECT shall assist the OWNER in generating financial support and acceptance
from governing agencies or from the general public.

3.7b The ARCHITECT shall design promotional items like brochures, drawings, and the like.

3.7c The ARCHITECT shall produce and coordinate the additional activities necessary to
complete the services.

ARTICLE 4 OWNER’S RESPONSIBILITIES

4.1 The Owner shall provide full information about the objectives, schedule, constraints and
existing conditions of the Project, and shall establish a budget that includes reasonable
contingencies and meets the Project requirements.
4.2 Provides the Architect with full information regarding the requirements of the Project, a
reproduction copy of the Torrens Title of the land and a copy of the topography of the site.

4.3 The Owner shall provide decisions and furnish required information as expeditiously as
necessary for the orderly progress of the Project.

4.4 The Architect shall be entitled to rely on the accuracy and completeness of the Owner’s
information.

4.5 The Owner shall furnish consulting services not provided by the Architect, but neccessary for
the Project, such as surveying, which shall include property boundaries, topography, utilities, and
wetlands information; geotechnical engineering; and environmental testing services.

4.6 The Owner shall appoint a Contractor, experienced in the type of Project to be constructed, to
perform the construction Work and to provide price information.

ARTICLE 5 USE OF DOCUMENTS , OWNERSHIP OF DOCUMENTS AND PROTECTION

OF INTELLECTUAL PROPERTY

5.1 Drawings, specifications and other documents prepared by the Architect are the Architect’s
Instruments of Service, and are for the Owner’s use solely with respect to constructing the
Project.

5.2 The Architect shall retain all common law, statutory and other reserved rights, including the
copyright.
5.3 Upon completion of the construction of the Project, provided that the Owner substantially
performs its obligations under this Agreement, the Architect concedes to the Owner a license to
use the Architect’s Instruments of Service as a reference for maintaining, altering and adding to
the Project.
5.4 The Owner agrees to compensate the Architect from all costs and expenses related to claims
arising from the Owner’s use of the Instruments of Service without retaining the Architect.

5.5 Pursuant to the principle and spirit in the enactment of Presidential Decree No. 49 on the
Protection of Intellectual Property dated November 14, 1972, the Work of architecture;
ornamental design; maps, plans, sketches and charts; scientific and artistic work as the creative
conceptual designs indicated or projected in the drawings and/or models or reports are and shall
remain the property of the Architect.

5.6 Republic Act 545 Section 24. (4), stipulates that all designs, drawings, specifications and
copies thereof, prepared by the Architect as instruments of service, are the property and
documents of the Architect whether the work for which they are made may be executed or not,
and it shall be unlawful for any person to copy, duplicate said documents for use on other works
except by written consent of the Architect or author of said documents and the Architect
properly compensated for it.

5.7 If the Owner would desire to have a copy of the Drawings on reproducible film or paper
(sepia) or copies of photographs, slides, video and film cups, etc., the Owner shall pay for the
cost of said reproducible copies on his own account and in no case shall it be reproduced or to be
used on other works except by written agreement with the Architect, and the Architect properly
compensated for it.

ARTICLE 6 ESTIMATES

Any statement of probable project construction cost or any cost estimate submitted by the
Architect is normally within the acceptable range of accuracy. However, there can be no finality
of cost because of factors that the Architect has no control of, such as the fluctuation of cost of
labor and materials, bank interest rates and inflation rate and political situation in the locality and
the many factors that go into competitive bidding. Furthermore, a substantial gap between the
date of submission of the estimate and the date of implementation of the project may affect the
cost due to change of cost of materials and labor.

ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT

In the event of termination, suspension or abandonment of the Project by the Owner, the
Architect shall be compensated for services performed.

The Owner’s failure to make payments in accordance with this Agreement shall be considered
substantial nonperformance and sufficient cause for the Architect to suspend or discontinue
services.

Either the Architect or the Owner may cease this Agreement after giving no less than seven days’
written notice if the Project is suspended for more than 90 days, or if the other party substantially
fails to perform in accordance with the terms of this Agreement.

Except as otherwise expressly provided herein, this Agreement shall terminate twelve months
from the date of Substantial Completion.
ARTICLE 8 MISCELLANEOUS PROVISIONS

This Agreement shall be governed by the local law where the Project is located.

Neither party to this Agreement shall assign the contract as a whole without written consent of
the other.

Nothing contained in this Agreement shall create a contractual relationship with, or a cause of
action in favor of, a third party against either the Owner or the Architect.

The Architect shall have no responsibility for the discovery, presence, handling, removal or
disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the
Project site.

ARTICLE 9 PAYMENTS AND COMPENSATION TO THE ARCHITECT

The Architect’s Compensation shall be:

The Owner shall pay the Architect an initial payment of Php 150,000.00 as a minimum
payment under this Agreement. The initial payment shall be credited to the final invoice.

The Owner shall reimburse the Architect for expenses incurred in the interest of the Project, plus
Payments are due and payable upon receipt of the Architect’s monthly invoice.

Amounts unpaid the invoice date shall bear interest from the date payment is due at the rate of
percent 2-3% absence thereof, at the legal rate prevailing at the principal place of business of the
Architect. percent 10 %. 30 days after , or in the At the request of the Owner, the Architect shall
provide additional services not included in Article 1 for additional compensation.

Such additional services may include, but not be limited to, providing or coordinating services of
consultants not identified in Article 1; revisions due to changes in the Project scope, quality or
budget, or due to Owner-requested changes in the approved design; evaluating changes in the
Work and Contractors’ requests for substitutions of materials or systems; providing services
necessitated by the Contractor’s failure to perform; and the extension of the Architect’s Article 3
services beyond 2 months of the date of this Agreement through no fault of the Architect.

ARTICLE 10 OTHER PROVISIONS

Any activities such as conducting ocular inspection of possible project sites, and or request to
attend such conferences, meetings or trips.

For these particular activities, the Architect as agent of the Owner may be paid on a per diem and
honorarium basis plus out-of-pocket expenses such as but not limited to travel, accommodations
and subsistence.

ARTICLE 11 SUCCESSORS AND ASSIGNS

The Owner and the Architect each bind themselves, their partners, successors, legal
representatives, and assigns to the other party to this Agreement and to the partners, successors,
legal representatives and assigns of such other parties in respect to covenants of this Agreement.
Except as specified, neither the Owner nor the Architect shall assign, sublet, or transfer their
interest to this Agreement without the written consent of the other.

ARTICLE 12 ARBITRATION

All questions in dispute under this Agreement shall be submitted to arbitration as per Executive
Order 1008 dated February 4, 1985 otherwise known as the “Construction Industry Arbitration
Law”.
THE PARTIES TO THIS AGREEMENT HEREBY AGREE TO THE FULL PERFORMANCE
OF THE COVENANTS CONTAINED HEREIN AND PRAY FOR THE GUIDANCE OF THE
LORD FOR A SUCCESSFUL COMPLETION OF THE PROJECT.

OWNER ARCHITECT
Mr. Andre Tan Go Ar. Kathleen Lourel G.

Republic of the Philippines city of Santa Rosa

Before me, a notary Public in and for the city of Santa Rosa , personally appeared the owner
Andre Tan Go, with Residence Certificate no. 414990-01 issued on month 08 12 2011 in Santa
Rosa city and the Architect Kathleen Lourel Hamo with Residence Certificate no. 600128-17
issued in Santa Rosa City, on month 06 25 1998, both known to me to be the same persons who
executed the foregoing instrument and acknowledging to me that the same is their free act and
deed.

In witness whereof, I have hereunto set my hand and affixed my notarial seal this 22nd of March
2019 in the city of Santa Rosa, Philippines.

NOTARY PUBLIC