An Ordinance Providing for the Rental Fees and Terms and Conditions for the Occupancy of the DORELCO in Municipal Government Property Located at the Premises of the Burauen Public Market, Burauen, Leyte

December 18, 2017 PROVINCIAL LEGAL OFFICE 2nd Indorsement March 20, 2018 Respectfully returned to the Secretary, Sangguniang Panlalawigan of Leyte, the attached Ordinance No. 17-20 s. 2017 of the SB of Burauen, Leyte, recommending for the declaration of its validity pursuant to Section 56 (c) of R.A 7160, the same being, to the opinion of the Provincial Legal Office (PLO), an exercise of the power AUTHORIZED UNDER Section 447 (3), (iii) of the Code (R.A. 7160). (SGD.) ATTY. FAYE GLADYS M. TEBRERO Acting Asst. Provincial Legal Officer OFFICE OF THE SANGGUNIANG PANLALAWIGAN 1st Indorsement March 15, 2018 The Provincial Legal Office is respectfully requested to review and submit recommendations, on the indorsed and enclosed, MUNICIPAL RESOLUTION NO. 17-20, SERIES OF 2017 OF THE SANGGUNIANG BAYAN OF BURAUEN, LEYTE, ENTITLED: "AN ORDINANCE PROVIDING FOR THE RENTAL FEES AND TERMS AND CONDITIONS FOR THE OCCUPANCY OF THE DON ORESTES ROMUALDEZ ELECTRIC COOPERATIVE, INC. (DORELCO) IN MUNICIPAL GOVERNMENT PROPERTY LOCATED AT THE PREMISES OF THE BURAUEN PUBLIC MARKET, BURAUEN, LEYTE." (SGD.) ANDRE S. SANICO Prov'l. Gov't. Asst. Dept. Head With conformity of: (SGD.) ATTY. CARLO P. LORETO Vice-Governor OFFICE OF THE SANGGUNIANG BAYAN March 5, 2018 THE HONORABLE MEMBERS SANGGUNIANG PANLALAWIGAN PROVINCE OF LEYTE Thru: Atty. Marni Rose D. Zatarain Secretary to the Sangguniang Panlalawigan Province of Leyte Ladies/Gentlemen: We are forwarding herewith 15 copies of Municipal Ordinance No. 17-20 , series of 2017, of the Sangguniang Bayan of Burauen, Leyte, which is "An ordinance providing for the rental fees and terms and conditions for the occupancy of the Don Orestes Romualdez Electric Cooperative, Inc. (DORELCO) in municipal government property located at the premises of the Burauen Public Market, Burauen, Leyte," together with the Certificate of Posting, for review and approval of that Body. Please acknowledge receipt hereof. Very truly yours, (SGD.) MYRNA A. QUINABO (Board Secretary II) Temporary SB Secretary Excerpt from the Minutes of the 67th Regular Session of the Sangguniang Bayan of Burauen, Leyte, Held at the Municipal Session Hall, Executive and Legislative Building on December 18, 2017. MUNICIPAL RESOLUTION NO. 299-2017 RESOLUTION ENACTING AN ORDINANCE PROVIDING FOR THE RENTAL FEES AND TERMS AND CONDITIONS FOR THE OCCUPANCY OF THE DON ORESTES ROMUALDEZ ELECTRIC COOPERATIVE, INC. (DORELCO) IN MUNICIPAL GOVERNMENT PROPERTY WHEREAS , presented for consideration was the proposal of the DORELCO to occupy an area owned by the municipal government to be utilized as a space for its sub-office in Burauen, Leyte; WHEREAS , Don Orestes Romualdez Electric Cooperative, Inc. is an Electric Cooperative with principal office at Barangay San Roque, Tolosa, Leyte, delivering electric service to thirteen municipalities of the Province of Leyte. NOW, THEREFORE , on motion presented by Honorable Cheeryl Y. Ducentes, seconded by all Members of the Sangguniang Bayan, be it. RESOLVED , as it is hereby resolved, to enact and approve Municipal Ordinance No. 17-20, series of 2017, as follows: BURAUEN MUNICIPAL ORDINANCE NO. 020-17 AN ORDINANCE PROVIDING FOR THE RENTAL FEES AND TERMS AND CONDITIONS FOR THE OCCUPANCY OF THE DON ORESTES ROMUALDEZ ELECTRIC COOPERATIVE, INC. (DORELCO) IN MUNICIPAL GOVERNMENT PROPERTY LOCATED AT THE PREMISES OF THE BURAUEN PUBLIC MARKET, BURAUEN, LEYTE Be it enacted by the Members of the Sangguniang Bayan of Burauen, Leyte, in session, that: SECTION 1. This Ordinance shall be called "An ordinance providing for the rental fees and terms and conditions for the occupancy of the DORELCO in municipal government property located at the premises of the Burauen Public Market, Burauen, Leyte." SECTION 2. The DORELCO shall occupy and lease a one (1) storey building owned by the Municipal Government of Burauen located at the premises of the Public Market, Burauen, Leyte. SECTION 3. The following are the terms and conditions for the lease of subject government property: 1. The term of lease shall be for a period of Four (4) Years commencing and shall be effective on January 1, 2018 and renewable every other Two (2) Years thereafter. 2. The monthly rental for the leased premises/property of the municipal government shall be Twelve Thousand Pesos (Php12,000.00), Philippine Currency , to be paid to the Municipal Treasurer or her authorized representative by the Lessee on or before the twentieth (20th) day of every month. 3. An adjustment of five percent (5%) of the monthly rental shall be implemented every other two (2) years during the renewal period, to cover the inflation rate and other incidental expenses, and imposition of surcharge of twenty-five percent (25%) for late payment of rentals. 4. Upon signing of the contract and receipt of "Notice to Commence" to occupy the area, the Lessee is required to pay the rental of one (1) month advance, three (3) months deposit and first monthly rental to be paid to the Municipal Treasurer's Office. 5. The leased premises shall be used by the Lessee exclusively as a Sub-Office and for other activities related to its business transactions as cooperative, and for this purpose, the Lessee is allowed to use a space at the back of the leased building as parking area of its service vehicles, or install in the leased premises all equipment, fixtures and facilities necessary for the operation of its business without destroying the original design of the building in coordination with the Municipal Engineering Office. 6. Any destruction to the building and premises, the cause/s of which was not due to force majeure or "wear and tear," shall be restored to its original design at the expense of the Lessee. 7. The Lessee shall not directly or indirectly sublease, assign, transfer, convey, mortgage or in any way encumber the leased premises without the written consent and approval of the Lessor. 8. Violation by either party of any of the terms and conditions of the contract, and inability of the Lessee to continue its business operation in the leased premises for any reason, shall be a ground for the termination/cancellation of the contract even prior to its expiration period; Provided that the party desiring to terminate/cancel the contract prior to the expiration period shall forward a written notice to the other party at least sixty (60) days prior to the effective date of termination/cancellation of the contract, stating the grounds thereof. 9. In case of termination or cancellation of the contract prior to the expiration period, the Lessee shall have continuous right to utilize the leased building and premises, until such time that the advance rental had been exhausted or properly accounted for. 10. If the Lessee desires to continue the occupancy of the leased premises after the expiration of the contract, the Lessee shall then communicate in writing to the Lessor the intent, if not acted upon within fifteen (15) days upon receipt of the communication, the contract shall be deemed automatically renewed for the same terms and conditions stipulated therein. SECTION 4. The Lessee shall sign a contract of lease and observe the terms and conditions set forth therein, and documentation shall be at the expense of the Lessee. The contract shall be in the following form: CONTRACT KNOW ALL MEN BY THESE PRESENTS: This Contract is made and entered into by and between: The MUNICIPALITY OF BURAUEN, LEYTE, a Local Government Unit created under Philippine laws, herein represented by the Municipal Mayor ______________ and in his behalf as Chairman of the Burauen Public Market Committee, hereinafter referred to as the LESSOR; and The DON ORESTES ROMUALDEZ ELECTRIC COOPERATIVE, INC. (DORELCO), an Electric Cooperative, duly organized under Philippine laws, with principal office address at Barangay San Roque, Tolosa, Leyte, herein represented by its General Manager, _____________, hereinafter known as the LESSEE. WITNESSETH That the LESSOR hereby lease unto the LESSEE and the latter hereby accepts on lease from the former, a One (1) Storey Building located at the premises of the Burauen Public Market, San Roque Street, Barangay District VIII, Burauen, Leyte, of which the LESSOR is the lawful and registered owner of said real property, free from all liens and encumbrances subject to the terms and conditions as provided for in Section 3 hereof. IN WITNESS WHEREOF , parties have hereunto set their hands this _______ day of __________, 20____ at Burauen, Leyte, Philippines. MUNICIPALITY OF BURAUEN Lessor DON ORESTES ROMUALDEZ ELECTRIC COOPERATIVE, INC. Lessee Represented by: Represented by: _________________________________ Mayor _________________________________ General Manager CTC No.________________________ CTC No._______________________ Issued on _______________________ Issued on ______________________ On _________ On ___________________________ SIGNED IN THE PRESENCE OF: 1. _____________________________ Republic of the Philippines) Province of Leyte) S.S. Municipality of Burauen) 2. _____________________________ Before Me , Notary Public, for and in the Municipality of Burauen, Leyte, this _____________ day of ___________, 20_____, personally appeared ________and ____________, acknowledges under oath that the same is their own free and voluntary act and deed. WITNESS MY HAND AND SEAL , on the date and place above written. ________________ Notary Public SECTION 5. Repealing Clause . All ordinances, rules and regulations, in conflict with, or inconsistent with any provision of this ordinance is hereby repealed or modified accordingly. SECTION 6. Effectivity . This ordinance shall take effect immediately upon approval. Enacted and approved , December 18, 2017. I HEREBY CERTIFY to the correctness of the foregoing resolution enacting Municipal Ordinance No. 17-20, series of 2017 of the Sangguniang Bayan, Burauen, Leyte. (SGD.) MYRNA A. QUINABO (Board Secretary II) Temporary Secretary to the Sangguniang Bayan ATTESTED: (SGD.) NOEL P. ALPINO Vice Mayor Presiding Officer (SGD.) CIPRIANO R. RELATORRES, JR. Sangguniang Bayan Member (SGD.) HERMENIA C. CAMASIN Sangguniang Bayan Member (SGD.) VINCENT G. ENERLAN Sangguniang Bayan Member (SGD.) CHEERYL Y. DUCENTES Sangguniang Bayan Member (SGD.) MARISSA D. CARILLA Sangguniang Bayan Member (SGD.) DAVID M. ALCOBER Sangguniang Bayan Member/Floor Leader (SGD.) BENONI Z. POCPOC Sangguniang Bayan Member Assitant Floor Leader (SGD.) OSCAR A. CAGARA Sangguniang Bayan Member (SGD.) CARLOS G. CABAERO LIGA President/Sangguniang Bayan Member APPROVED: (SGD.) JUANITO E. RENOMERON Mayor ATTACHMENT Certificate of Posting TO WHOM IT MAY CONCERN: THIS IS TO CERTIFY that Municipal Ordinance No. 17-20 , series of 2017 of the Sangguniang Bayan of Burauen, Leyte, entitled, " An ordinance providing for the rental fees and terms and conditions for the occupancy of the Don Orestes Romualdez Electric Cooperative, Inc. (DORELCO) in municipal government property located at the premises of the Burauen Public Market, Burauen, Leyte ," has been posted in four (4) conspicuous and publicly accessible places of the municipality for three (3) consecutive weeks from November 24, 2017 to December 15, 2017 in compliance to Section 511, paragraph (a) of R.A. 7160 or the Local Government Code of 1991. Burauen, Leyte, December 18, 2017. (SGD.) FRANCISCO M. FERNANDEZ Secretary to the Sangguniang Bayan ATTESTED: (SGD.) NOEL P. ALPINO Municipal Vice-Mayor