MEMORANDUM OF AGREEMENT
EVALUATION OF EXISTING SEWERAGE SYSTEM
KNOWALL MEN BY THESE PRESENTS
ThisAgreementexecutedatQuezonCity,MetroManila,onthis-dayof-
by and between:
MAYNILAD/MANILA WATER (CONCESSIONAIRE), a corporation duly
organized and existing under Philippine laws, acting as
CONCESSIONAIRE/contractor/agent of the Metropolitan Watenruorks and
Sewerage System (MWSS), holding office at ttIWSS Administration Building,
MWSS Complex, 489 Katipunan Road, Balara, Quezon City, represented by its
President, , duly authorized for this purpose by the Board
of Directors by virtue of Board Resolution No attached herewith as
Annex "A".
-and-
GOVERNMENT ENTITY (APPLICANT), a government corporation created and
existing under and by virtue of the laws of the Republic of the Philippines, holding
office at represented by its General Manager,
Board bv vi rtu e
'ji,::=^:: fJ,"*x[Hn""Y,i..;,
-ANTECEDENTS-
The MWSS, under its Charter (Republic Act No. 6234, as amended), has jurisdiction,
supervision and control over all watenruorks and sewerage systems within its franchise
which includes the Service Area East and Service Area West.
By virtue of and pursuant to a Concession Agreement dated February 21, 1997 , executed
by and between the MWSS and its CONCESSIONAIREs, (the "Concession Agreement"),
MWSS granted to the CONCESSIONAIREs as contractor/agent, the sole right to manage,
operate and maintain all fixed and movable assets required to provide water delivery and
sewerage services in Service Area East and Service Area West of the franchise areas of
MWSS;
The APPLICANI owns and holds title to the in Barangay
Metro Manila, consisting of _ condominium buildings and
common service areas/housing developments covered by TCT number _ which
common areas include the _ and sewer lines from the outlet of each building to
the_ (the "Sewerage System") located within the Area.
ln line with the request of the APPLICANT for the turn over of its sewerage system to tn"QF
MWSS and pursuant to the Concession Agreement, the CONCESSIONAIRE, hereby --1. _
accept the request of the APPLICANT for fu*her evaluation, subject to the terms ani <
conditions stipulated under this MOA and the Policy Guidelines for the turnover of
Sewerage System from Government Entities with Housing Developments. The
agreements and conditions in the turn over of the sewerage system shall be executed
through a tripartrte Deed of Donation and Acceptance (DODA) by and among the tvlWSS,
the CONCESSIONAIRE and the APPLICANT.
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ACCORDINGLY, the parties have mutually agreed to the following:
Article 1. RESPONSIBILITIES OF CONCESSIONAIRE
1.1. Coordinate with the APPLICANT on its request to MWSS to turn over its existing
sewerage system to MWSS.
1 .2. Assess if the initial documentary requirements for turn over are complied with; provide
feedback to the APPLICANT on the preliminary evaluation of the submitted
documents.
1.3. Conduct an evaluation and due diligence on the operation of the APPLICANT's
sewerage system; discuss its preliminary evaluation and findings on the sewerage
system and provide alternative solutions and recommendations. lf the APPLICANT
is amenable to the recommendation, the CONCESSIONAIRE shall provide feedback
to the tvlWSS and recommend approval of the request for turnover.
1.4. Prepare a tripartite DODA for the execution and performance of all necessary and
related works and activities relative to the turnover process defining the terms and
conditions that are agreed upon with the APPLICANT including the roles and
responsibilities of each party to the DODA.
1.5 Provide and transmit the DODA to the MWSS for legal review and to recommend for
approval by the MWSS Board.
Article 2. RESPONSIBILITIES OF THE APPLICANT
2.1 Formalize its request for turnover of its sewerage system by sending a letter to
il/WSS.
2.2 Coordinate with the CONCESSIONAIRE and provide the documentary requirements
for preliminary assessment of its request.
2.3 Upon the request of the CONCESSIONAIRE, submit additional documents that may
be required, other than the list provided in Annex 1, to further evaluate the existing
sewerage system.
2.4 During the conduct of due diligence or field visits initiated by the CONCESSIONAIRE,
provide assistance, right-of-way or ingress and egress to any authorized
representative(s) of the CONCESSIONAIRE.
2.5 ln case of non-conformance on minimum standards and specifications, bring its
sewerage system to the standards and to a level acceptable to the
CONCESSIONAIRE, at its own cost; Allocate a budget for upgrade, modification,
repair and improvements of its sewerage system for turnover until it meets the
minimum required acceptable standards.
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2.6 Provide a self-monitoring report for at least six (6) months to determitne and monitor
the quality of effluent from its sewerage treatment plant.
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Article 3. DURATION OF THE AGREEMENT
This Agreement shall take effect immediately upon signing by both parties and shall
terminate after one (1) year or upon the signing and approval of the Deed of Donation and
Acceptance whichever comes first.
on_
SIGNED AND SEALED by the parties 2019 at
CONCESSIONAIRE APPLICANT
By: By:
< Name >, President < Name >, General [\Ianager
SIGNED IN THE PRESENCE OF:
By By:
<name> <name>
<position> <position>
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES
QUEZON CITY, METRO MANILA ) S.S
BEFoREME,aNotaryPublic,forandin-City,this2019personally
appeared the following :
Name Competent Date of lssue or Place of lssue
Evidence of ldentity Expiry Date
They are both known to me to be the same persons who signed the foregoing document
and acknowledged to me that their signatures prove their free acts and the identity / ies
they represent.
SIGNED AND SEALED on 2019 in
NOTARY PUBLIG "&-
Doc No. _; t<,
Page No. _;
Book No. _;
Series of _.
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