MOA On ROW - Eagle

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MEMORANDUM OF AGREEMENT

This agreement is made and entered into this _________, 2021 at Cainta, Rizal by and between:

VILLAGE EAST HOMEOWNERS’ ASSOCIATION, INC. , a non-stock, non-profit


association organized and existing under the laws of the Philippines,
represented herein by its President and Chairman of the Board of Directors,
REYNALDO M BARRIOS, pursuant to the Resolution No. 2021-__-__
promulgated by the Board in its meeting held on May 29, 2021 hereinafter
referred to as “VEHAI”, or as the FIRST PARTY;

-and-

Lot Owner, STAFFORD REALTY AND DEVELOPMENT CORPORATION, (“LOT


OWNER”) with office addresses at No. 06 Phase 9 Hyacinth St. cor VV Soliven
III Greenpark Subdivision, Cainta, Rizal, duly represented by its President,
ALBERT TANADA, of legal age, Filipino and resident of No. 6 Phase 9 Hyacinth
St. cor VV Soliven III Greenpark Subdivision, Cainta, Rizal is authorized to sign
and transact in on all matters related hereto hereinafter referred to as LOT
OWNER, as the SECOND PARTY,

WITNESSETH THAT:

WHEREAS, in their letter dated _________, 2021 requested the VILLAGE EAST HOMEOWNERS’
ASSOCIATION, INC for a Perpetual Right-Of-Way over the subdivision roads in going to and from
its property covered by TCT Number listed below:

Date of
Deed of
Absolute ROW
Sale TCT No. Area Rate Total Annex
5/21/2021 163-2019007096 1676 250.00 419,000.00

1676 419,000.00

Of the Registry of Deeds of Antipolo located at Manta Street of the subdivision consisting a
total of 1676 square meters, copies of the above TCT are hereto attached as Annex “A” .

WHEREAS, by reason of said privilege, the SECOND PARTY offered to VEHAI the following:

1. Development of the said property which is 1676 square meters located at Eagle St,
Village East Executive Homes, Antipolo City.

2. Payment of PESOS: TWO HUNDRED FIFTY ONLY (Php 250.00) per square meter of the
1676 square meters of land for a total consideration of PESOS:FOUR HUNDRED
NINETEEN THOUSAND ONLY (Php 419,000.00) for Perpetual Right-of-Way within the
subdivision to be paid as follows :

Memorandum of Agreement dated May 29, 2021 Page 1 of 4


RIGHT OF WAY - STAFFORD REALTY &
DEVT CORPORATION OFFICIAL RECEIPT
DATE BANK CHECK NO. AMOUNT NO DATE AMOUNT
5/21/2021 MBTC 71734094 419,000.00 153399 5/21/2021 419,000.00
TOTAL CHECK 419,000.00 419,000.00

3. The Location Plan including the Drainage Layout Plan (with topography of the drainage
system lower than the existing) of the entire private property of which the above lot is
part shall be approved by VEHAI prior to start of any construction. However, backfilling
materials to said property shall be allowed upon the signing of this MOA or a
Certification issued by VEHAI for the grant of Right of Way subject to the usual fees
mentioned herein.

4. Gate fees, construction bonds and other subdivision fees related to the development of
the proposed properties are exclusive in the payment of perpetual right-of-way. Failure
on the part of the SECOND PARTY to pay the required fees will obligate the FIRST PARTY
to suspend entry of any and all deliveries into the premises of Village East. It is also
mandatory that the SECOND PARTY shall observe the maximum weight of 20 tons for all
trucks in all of the material deliveries to preserve the structural strength of the bridge.

5. That, the SECOND PARTY shall put up a construction bond and shall abide all rules in the
provided for in the VEHAI RESTRICTIONS, CONSTRUCTION RULES AND REGULATION
(VRCRR) for residential house as per submitted plan to shoulder repair cost in case there
will be damages incurred to the subdivision during the development of the property.

6. That, the allowable minimum size of the lots shall be ONE HUNDRED TWO (102) square
meters with a minimum frontage of SIX (6) meters per lot.

7. That, all construction shall be subject to the VEHAI Construction Rules and Regulations
as per Resolution No. 2016-002 dated January 30, 2016 Series of 2016 and the existing
Rules and Regulations promulgated by the Board of Directors covering, security,
cleanliness, sanitation and other related matters. A copy is hereto attached and made an
integral part of this agreement. The Restrictions does not allow the conversion of the
property to tenement housing and/or subdividing buildings and/or houses into rooms
for rent.

8. That, the SECOND PARTY shall pay the lot dues, construction and maintenance fees,
monthly dues, and other assessment fees currently implemented, such as toll fees or as
maybe promulgated by VEHAI in the future.

 Monthly Dues –
i. Lot dues shall become due upon signing of this Memorandum of
Agreement (MOA).
i. Association dues shall become due upon issuance of construction
clearance or on existing houses, if any, upon signing of this Memorandum
of Agreement (MOA)
ii. Lot dues and Association dues (for existing structures) must be paid
before issuance of construction clearance.
Memorandum of Agreement dated May 29, 2021 Page 2 of 4
9. That, the SECOND PARTY shall develop the lot solely as a residential area and not for
other uses without the express written consent of VEHAI as stipulated in the Deed of
Restriction.

10. That, the SECOND PARTY shall shoulder all the expenses for the installation of electric
posts, transformer and other accessories including street lamps and electricity, water
drainage and roads for the residential structures within its property.

11. That the SECOND PARTY shall not allow their property to be used as entrance or entry
points to Village East by parties such as Illegal Settlers other than the residents of the
said property.

12. That, the terms and conditions of this MOA are binding to the parties and their
respective assignees, successor-in-interest and transferees. The SECOND PARTY is under
obligation to inform all its prospective buyers and residents thereat of the terms and
condition hereinafter imposed by VEHAI.

13. That, where applicable, this MOA shall be registered and duly annotated in the
individual TCT of every buyer of the said lot at its expense. A copy of the TCT with said
annotation shall be submitted to VEHAI for its record.

14. That, any violation of the conditions of this MOA shall, upon due notice and observance
of due process, be a ground for revocation, cancellation or withdrawal of this privilege
by VEHAI. VEHAI shall have the right to prevent the use of its roads or prevent entry of
any resident of the said property who persistently violates the Deed of
Restriction and the Rules and Regulations of VEHAI until such violation is rectified or the
penalties or fines shall have been paid. In case of revocation, cancellation or withdrawal
of this privilege, all payments paid by the SECOND PARTY shall be considered forfeited
in favour of VEHAI without reimbursement to all the permanent improvements already
introduced.

15. Construction materials delivery access: VEA THRU CORONA ST.- CROWN ST ST.

We hereby affix our signatures confirming acceptance of the terms and conditions of this
Memorandum of Agreement on the granting of the perpetual road right-of-way over the
subdivision roads.

IN WITHNESS WHEREOF, the Parties have hereunto signed these presents, this _____________
2021 in Cainta, Rizal, Philippines.

STAFFORD REALTY AND DEVELOPMENT CORPORATION


LOT OWNER

PRESIDENT : ANDY SHERWIN CHUA SY


LTO ID No. DL N04-90-143921
ISSUED AT: MARIKINA CITY
ISSUED ON: MAY 21, 2021
ADDRESS : No. 06 Phase 9 Hyacinth St. cor VV Soliven III Greenpark Subdivision, Cainta, Rizal

VILLAGE EAST HOMEOWNERS’ ASSOCIATION, INC.

Memorandum of Agreement dated May 29, 2021 Page 3 of 4


REYNALDO M. BARRIOS
VEHAI PRESIDENT
SC ID NO. 13-10743
ISSUED AT: CAINTA, RIZAL
ISSUED ON: 04/13/2015
ADDRESS: VILLAGE EAST EXECUTIVE HOME, CLUBHOUSE
AND RECREATION CENTER, FELIX AVE.,CAINTA, RIZAL

SIGNED IN THE PRESENCE OF

_____________________________ _______________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES ]


Municipality of Cainta, Rizal ]

SUBSCRIBED AND SWORN to before me this ____day of ______________2021,


at________________,Philippines, parties hereto personally appeared and exhibited their
aforesaid identification cards, known to me and to me known to be the same persons who
executed the foregoing instrument, and they acknowledged that the same are their free and
voluntary act and deed.

This instrument consisting of five (5) pages, including the page whereon this
acknowledgement written, signed by the parties and the instrumental witnesses on all the
pages refers to a Memorandum of Agreement, and each and every page of this instrument is
sealed with my notarial seal.

IN WITNESS WHEREOF, I signed these presents and affixed my notarial seal on the date
and place first hereinabove written.

Doc no. _______


Page no. ______
Book no. ______
Series of ______

Memorandum of Agreement dated May 29, 2021 Page 4 of 4

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