: Draft of proposed usufruct agreements with informal settlers at the 3,000 excluded area

May I suggest that on your meeting with Capitan on Thursday, only 3 years or more lang ang puwedeng mabigyan ng usufruct...

Study also the feasibility of building bridge between the park and Turbina para may easy access tayo sa customers from Turbina. Will build traffic..

and easy access.  Pag baba sa turbina nasa park na kaagad.  No need to sundo

On Mon, Mar 11, 2019 at 9:30 AM Jorge Saguinsin <holygardens.groupnew@gmail.com> wrote:

    This is the draft of the usufruct agreement being proposed for the informal settlers at back of Holy Gardens 

    This is a protection from future cases from this grant who may misunderstand this arrangement...

    Kindly check for adequacy and reasonableness....    Please show to your our lawyers...

                            Draft of Usufruct Agreement for Informal Settlers

                                         at Holy Gardens Greenhills expansion

KNOW BY ALL MEN THESE PRESENTS

This agreement entered into by and between

Greenhills Development Corporation  a corportion organized and subsisting under the laws of the Philippines with principal office at Wilson Greenhills San Juan Rizal, herein represented by ___________________herein known as the LANDOWNER

                                       and

    _____________________ m/single/separated  of legal age, and resident of Barandal Calamba City known as GRANTEE

Whereas

1.  The grantee has been a settler of the land of the owner for the past __years

and that our continued stay there has been questioned and disturbed;

2. Whereas the time has come to develop the property and it is necessary to relocate the GRANTEE

3. Whereas, due to the generosity of the LAND OWNER, they have set aside an area to relocate the Grantee to lessen the disturbance for the GRANTEE

but under a right to use agreement

For and in consideration of the above premises, the Landowner have granted unto the Grantee a usufruct (right to use) of parcel of land located at the back of Holy Gardens Memorial Park, at the southern portion near the San Juan River

             With the following description

            Area,

           Lot Number

           Block Number

TERMS AND CONDITiONS

1. TERM of usufruct 50 years from signing with option on the part of the LAND OWNER TO RENEW.

2 .ASSIGNMENT AND TRANSFER.. Non assignable non transferable.   A transfer or assignment voids and terminates this agreement;

3.  EFFECT OF DEATH.      This causes the transfer of right to use to the eldest son/daughter named _________________after whose death or end of 50 years, this usufruct ends.

4. Utilities and right of way.  This is not a a subdivision project and the GRANTEE waives rights and complaints for such a project under PD 957 and

BP 220. like water electricity, pathwalk open space and the like. Niether is this  CMP program  The grantee shall look for their own right of way and shall not be allowed to use the memorial park as a pass thru egress ingress to the area.

5.  Waiver for requirements of PD 856 - Sanitation Code.   The usufruct f area 

is  a setback under such code.  The grantee can not invoke the 25 nor the 50 meter setback as condition for the location of the usufruct grant

6.  CLEANLINESS AND ORDERLINESS. Good housekeeping and maintenance.. The Grantee shall keep the 

settlement under good state of cleanliness and hygiene proper drainage  and provide for their own sanitary and hygienic facilities (sanitary toilets) and proper solid waste disposal under the DENR regulation on solid waste management

The area is crowded and therefore growing pigs and simiilar livestocks which will cause unhygienic conditions is not allowed.

7. Good behavior and conduct. The grantee represents that he/she is of good moral character, and has not been convicted of crimes of any nature or kind.

Any misrepresentation shall be a cause for immediate voiding of this grant

Likewise, the GRANTEE shall not cause any trouble fistfight, rumble and in any manner engage in trouble with the neighbors, or commit crime of any type which includes but not limited ot use and distribution of prohibited drugs and illegal gambling...  Any such act shall be a ground for the immediate cancellation and revocation of this agreement .

8. COMPLAINTS Any complaint against the land owner be it administrative or judicial shall be a ground for the cancellation of this usufruct.  Likewise all pending criminal complaints vs Holy Gardens and the Grantor shall be withdrawn and  released.   

9. PROHIBITIONS.   

    1...Elective and appointive City and barangay official are disqualified from being a grantee.  However excess lots may be allocated for staff housing. of Holy Gardens ..

   2.  The resident must register the occupants of his abode and no further increase in the number of occupants  is allowed.

  3.  Only those who have stayed for 3 years or more in the area are allowed to avail of of this privilege.
       Those who have recently transferred are not allowed to have this privilege

     The awardee/recipient undertakes to observe the above and represents he /she is qualified

9.  Fees and dues.   This usufruct is  free no fees of any kind shall be paid nor collected from the grantees including real estate taxes being an excluded area. Any fees that may be collected shall only accrue to a duly organized and registered Homeowners association.  ..

Witness this day of _________at  Barandal Calamba City

Greenhills Development Corporation Inc.                       ________________

by                                                                                   Spouse

______________________________

Land Owner                                                                    Granteee

   Attested:    Barangay Captain of Barandal
                     ____________Opulencia

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