DEED OF USUFRUCT

KNOW ALL MEN BY THESE PRESENTS:

This DEED, is made, entered into and executed this ________________, by and among:

SPOUSES POTENCIANO ANDAMAN and ELVIRA ANDRES, of legal ages,

married, Filipino citizens and residents of Barangay Ibabang Dupay, Lucena City,
Philippines, (hereinafter, “Spouses Andaman”);

ROTARY CLUB OF LUCENA SOUTH, a non-government organization existing

under Philippine Laws with office address at Dalahican Road, Barangay Ibabang Dupay,
Lucena City, represented by its President, FILEMON LAGUMEN (hereinafter, “RCLS”);

-and-

SANGGUNIANG KABATAAN FEDERATION OF LUCENA CITY an

administrative agency existing under Philippine Laws with office address at Lucena City
Government Complex, Mayao Kanluran, Lucena City represented by the SK Chairman,
PATRICK NORMAN E. NADERA, (hereinafter, the “SK FED”);

Each of Spouses Andaman, RCLS, and SK FED, may be individually referred to as a “Party,” and
collectively as “Parties.”

WITNESSETH:

WHEREAS, Republic Act No. 10742 provides that the State recognizes the vital role of the youth in
nation-building and thus, promotes and protects their physical, moral, spiritual, intellectual and social well-
being, inculcates in them patriotism, nationalism and other desirable values, and encourages their
involvement in public and civic affairs;

WHEREAS, Republic Act No. 10742 provides that the State shall establish adequate, effective,
responsive and enabling mechanisms and support systems that will ensure the meaningful participation of
the youth in local governance and in nation-building;

WHEREAS, Section 16 of Article XIII of the 1987 Philippine Constitution provides that “The right of
the people and their organizations to effective and reasonable participation at all levels of social, political,
and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of
adequate consultation mechanisms;”

WHEREAS, RCLS is an organization whose purpose is to bring together business and

professional leaders in order to provide humanitarian service and to advance goodwill and peace;

WHEREAS, Spouses Andaman are the owners of a parcel of land situated in the Barangay of
Ibabang Dupay, City of Lucena, covered by Transfer Certificate of Title No. T-50900 containing an area of
TWO HUNDRED TWENTY NINE SQUARE METERS (229 sq.m.) (hereinafter, “The Land”);

WHEREAS, RCLS is the owner of the Building situated in the parcel of land mentioned in the
preceding paragraph, as evidenced by Tax Declaration No. 2000-017-07335, containing an area of TWO
HUNDRED SQUARE METERS (200 sq.m.) (hereinafter, “The Building”);

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 WHEREAS, the SK FED is in need of an office for their delivery of services and for their timely
meetings and various activities;

WHEREAS, the SK FED has requested SPOUSES ANDAMAN and RCLS to use The Land and
The Building for the use of the SK FED, and SPOUSES ANDAMAN and RCLS, on the other hand, are
willing to enter into a usufruct agreement with the SK FED;

NOW THEREFORE for and in consideration of the foregoing premises and of the mutual
covenants contained herein, the parties hereby agree on the following terms and conditions;

1. USUFRUCTUARY- That the Parties mutually agree on the USUFRUCTUARY of The Land and
The Building in favor of the SK FED without cost, provided that RCLS shall be allowed to use
one room as the latter’s office;

2. TERM- That the term of Usufruct over The Land and The Building shall commence upon the
execution of this Deed, and shall be for a period of TWENTY FIVE (25) YEARS, but subject to
renewal at the end of the USUFRUCTUARY. However, the SPOUSES ANDAMAN and RCLS
reserve the right to terminate the USUFRUCTUARY if there is any violation of the terms of this
contract;

3. The SPOUSES ANDAMAN and RCLS shall not sell The Land and the Building subject of this
Usufructuary Agreement during the subsistence of the latter;

4. OWNERSHIP – While the usufruct and/or the beneficial use of said Land and Building are
transferred to the SK FED as the USUFRUCTUARY, the ownership of the Land remains with
and continues to be in the name of the SPOUSES ANDAMAN, and the ownership of the
Building remains with and continues to be in the name of RCLS;

5. RENOVATION OF BULDING AND CONSTRUCTION OF OTHER RELATED NECESSARY

IMPROVEMENTS. – The SK FED shall use the Land and the Building for giving services to the
youth of Lucena City and introduce necessary improvements or facilities necessary for their
operation and/or maintain proper infrastructures, facilities and improvements, e.g. electricity,
communication and water facilities that shall make the said land sustainable and viable for its
intended use;

6. PAYMENT OF UTILITIES AND MAINTENANCE EXPENSES – The SK FED shall be the

responsible Party for the payment of Utilities and Maintenance Expenses of the Land and
Building, including, but not limited to, payment of electricity and water expenses;

7. MAINTENANCE OF CLEANLINESS AND PEACE AND ORDER- The SK FED shall maintain
the cleanliness and peace and order on the property subject of the USUFRUCT;

8. The SK FED shall construct and maintain its facilities, structures and improvements in
accordance with local ordinances and/or national laws on environmental safety, maintenance
and preservation;

9. The SPOUSES ANDAMAN and RCLS shall not be liable for any damages or injuries which
may arise or occur in the said premises;

10. The SK FED shall not transfer the right of Usufruct to any third person;

11. The SK FED shall cause the annotation of this Deed of Usufruct in Transfer Certificate of Title
Number No. T-50900 and Tax Declaration No. 2000-017-07335.

12. This DEED shall inure to the benefit of, and be binding upon, the Parties hereto and their
respective successors-in-interest and permitted assigns.

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 13. The rights of a Party will not be prejudiced or restricted by any indulgence or forbearance
extended by it to the other Party, and no waiver by a Party in respect of any breach of this DEED
will operate as a waiver in respect to any current or subsequent breach thereof.

14. The Parties acknowledge that it is impracticable to completely determine in advance the full
risks connected with the Usufruct. Nonetheless, in complying with the terms of this DEED, the
Parties shall exercise good faith and cooperation to ensure the fulfillment of their mutual objectives.
The Parties agree to fully coordinate and cooperate in good faith to give effect to the underlying
intent of this DEED and mutually resolve any dispute or matters requiring mutual consent.

15. Any conflict or dispute arising out of this DEED or the interpretation of any provision hereof
shall be settled amicably within (30) days, through authorized representatives of the Parties. Either
Party may initiate amicable discussions by sending a written notice to the other Party, specifying
the alleged dispute and proposed schedule therefor, which shall not be more than five (5) days
from the date of notice.

16. If any term, provision, or condition of this DEED or the application thereof, is subsequently
declared invalid of the terms, provisions, or conditions not affected by such declaration shall remain
jurisdiction, the validity of the terms, provisions, or conditions not affected by such declaration shall
remain valid and binding upon the Parties. The Parties shall, however, use their best efforts to
agree on the replacement of the void, illegal, or unenforceable provision(s) with legally acceptable
clauses that approximate as closely as possible the sense and purpose of the affected provision
and this DEED as a whole.

17. This DEED shall be governed by and interpreted in accordance with the laws of the Republic of
the Philippines.

IN WITNESS WHEREOF, the parties hereto have caused their signatures to be affixed on this
DEED at Lucena City, this ______________________.

ROTARY CLUB OF LUCENA SOUTH SPOUSES ANDAMAN

By: By:

FILEMON LAGUMEN POTENCIANO ANDAMAN

President Landowner

ELVIRA ANDRES
Landowner

SANGGUNIANG KABATAAN FEDERATION OF LUCENA CITY

By:

PATRICK NORMAN E. NADERA

SK Chairman
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 SIGNED IN THE PRESENCE OF:

______________________________ __________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

Lucena City ) S.S.

BEFORE ME, a Notary Public, for and in ...................... , this ...................... day of ......................
2019, personally appeared:

Gov’t. ID Number Place/Date of Issue

FILEMON LAGUMEN ________________ __________________

POTENCIANO ANDAMAN ________________ __________________

ELVIRA ANDRES ________________ __________________

PATRICK NORMAN E. NADERA ________________ __________________

Known to me to be same persons who executed the foregoing Deed and who acknowledged to me that the
same is their free and voluntary act and deed. This Deed, consisting of four (4) pages, including the page
on which this Acknowledgment is written, signed by the Parties and their witnesses, refers to the Deed of
Usufruct of a parcel of land and a building. WITNESS MY HAND AND SEAL at the place and the date first
above-written. WITNESS MY HAND AND SEAL on the date and at the place first written above.

Doc. No. _____

Page No. _____
Book No. _____
Series of 2019.

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