MEMORANDUM OF AGREEMENT This Memorandum of Agreement is made and entered into this 1st day of JUNE 2017 by and between: CAMONOAN ARC FARMERS ASSOCIATION, represented by its Chairman RUTH M. BORJA, with an office located at Brgy. Camonoan, Dagami, Leyte; and HON. PAQUITO M. MADALINA, with principal office at Brgy. Camonoan, Dagami, Leyte; 1. PURPOSE & SCOPE. The purpose of this Memorandum of Agreement is to set forth the terms and conditions, and responsibilities of the parties associated with their collaboration on the “Livestock and Poultry Project” of the “More Income in the Countryside(MIC) Program” of the Provincial Government of Leyte. Specifically, both parties will cooperate to develop this project as this aims to improve the lives of the farmer-members of CARCFA as additional income will be derived therein coming from the produce of this project.
2. BACKGROUND
The Camonoan ARC Farmers Association is a recipient of the Livestock and Poultry Project” of the “More Income in the Countryside(MIC) Program” of the Provincial Government of Leyte. As a recipient of the said project, the association was required to provide as counterpart the land to be used as the site of the project. The land best suited to the Project and most strategic in location was the land owned by Hon. Paquito Madalina, Brgy. Chairman of Camonoan, Dagami, Leyte with Lot No.___________and with an area of ________________________________square meters and located at Brgy. Camonoan, Dagami, Leyte.
3. RESPONSIBILITIES THE CAMONOAN ARC FARMERS ASSOCIATION shall undertake the following activities under this MOA: 1. To use the subject land for the sole purpose of the Livestock and Poultry Production; 2. To pay a monthly rental of ONE HUNDRED FIFTY PESOS(Php 150.00) to the landowner; HON. PAQUITO MADALINA shall undertake the following activities under this MOA: 1. To guarantee the peaceful possession of Camonoan ARC Farmers Association for the whole duration of the project; 2. To receive Php 150.00 as rental from CARCFA for the use of the subject land. 4.TERMS AND CONDITIONS. It is mutually understood and agreed by and between the parties that: a. Each party takes legal and financial responsibility for the actions of its members, officers, agents, representatives and volunteers. Each party agrees to indemnify, defend and hold harmless the other to the fullest extent permitted by law from and against any and all demands, claims, actions, liabilities, losses, damages, and costs, including reasonable attorney’s fees, arising out of or resulting from the indemnifying party’s acts or omissions related to its participation under this Memorandum of Agreement, and each party shall bear the proportionate cost of any damages attributable to the fault of such party, its officers, agents, and members. It is the intention of the parties that, where fault is determined to have been contributory, principles of comparative fault will be applied.
b. Each party, at its sole cost and expense, shall carry insurance or self insure to cover its activities in connection with this MOA, and obtain, keep in force and maintain, insurance or equivalent programs of self-insurance, for general liability, workers compensation adequate to cover its potential liabilities hereunder. c. This MOA may be amended from time to time by mutual agreement of the parties in a written modification signed by both parties. d. This MOA may be terminated by mutual agreement of the parties, and shall automatically terminate upon completion of all responsibilities as stated herein, unless otherwise amended. 5.FUNDING; COSTS. The parties shall each be solely responsible for any and all costs associated with their responsibilities under this MOA. 6.EFFECTIVE DATE AND SIGNATURE. This Memorandum of Agreement shall be effective upon the date of the last party to sign this MOA below. The parties indicate agreement with this Memorandum of Agreement by their signatures below.
CAMONOAN ARC FARMERS ASSOCIATION Represented by:
RUTH M. BORJA CARCFA Chairman
DATE
HON. PAQUITO M. MADALINA Landowner
DATE
ACKNOWLEDGEMENT Republic of the Philippines) Province of ____________ ) S.S. Municipality of _________ )
BEFORE ME, a Notary Public for and the Province/City/Municipality of _______________ this ______ day of _________________, 2017, personally came and appeared _________________________________, with ID No. ___________________ issued on _____________________ at _________________________ and to me and known to be the same person who executed the foregoing instrument and acknowledge before me that the same as their free and voluntary act and deed. WITNESS MY HAND AND NOTARIAL SEAL, this ________ day of _______________________, 2017.
NOTARY PUBLIC