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DEED OF USUFRUCT

KNOW ALL MEN BY THESE PRESENTS:


This DEED is made and executed by and between:
The CITY GOVERNMENT OF MALAYBALAY, a government political
subdivision, created under the laws of the Republic of the Philippines, with
ofce address at the ity !all Drive, ity !all, "alaybalay ity, represented
in this instance by its ity "ayor, !on# $%&'$( )# *+,$R$, as authori-ed by
.#P# Res# &o#//////////, series of 0123, hereinafter referred to as the OWNER4
5and5
The BUREAU OF FIRE PROTECTION (BFP), national
government agency created by virtue of Republic 'ct &o# 6789 with regional
ofce address at "aharli:a ,ldg#, %umamela Extension, armen, agayan de
(ro ity herein represented by SUPT LINDY C. LAUZON, MPA, DSC, BFP,
in his capacity as the (fcer5$n5harge of ,;P521, as authori-ed by ;.+PT
'R<$T( . R("ER(,D., ($5,;P, per /////# dated /////////////,
hereinafter called as the =USUFRUCTUARY>4
#
)$T&E..ET!:
WHEREAS, it is a well5entrenched constitutional principle that =The
maintenance of peace and order, the protection of life, liberty and property,
and the promotion of the general welfare are essential for the en?oyment by
all the people of the blessings of democracy> @.ec# 9, 'rt# $$, 27A8 Phil#
onsti#B4
WHEREAS, =Every local government unit shall exercise the powers
expressly granted, those necessarily implied there from, as well as powers
necessary, appropriate, or incidental for its efcient and eCective
governance, and those which are essential for the general welfare> @.ec# 26,
hap# $$, Title $, <ocal %overnment ode of 2772B4
WHEREAS, hapter $D, .ection 96 R#'# 6789 speciEcally mandates
that "There shall be established at least one @2B Ere station with adeFuate
personnel, EreEghting facilities and eFuipment in every provincial capital,
city and municipality sub?ect to the standards, rules and regulations as may
be promulgated by the Department# The local government unit shall,
however, provide the necessary site of the station"


I G N A C I O
W .
Z U B I R I
L I N D Y
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L A U Z O N

S i g n e d i n
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p r e s e n c e
o f :

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( w n e r


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page 2 of
WHEREAS, pursuant to .angguniang Panlungsod Resolution &o#
//////, .eries of 0123, the ()&ER has allocated a parcel of land
containing an aggregate area of .$G !+&DRED @611B sFuare meters
identiEed as <ot# 205' covered under T &o# T521182H and 205,,
covered under T &o# T5211823, P.D5215139A68 loated at "agsaysay
.t#, ,rgy# 10, this city, to be the site of the new "alaybalay ity ;ire @'
copy of the .:etch Plan with the technical description is hereto
attached as 'nnex "'I to form part hereof4
WHEREAS, the ()&ER, by these presents oCers for the use of
the +.+;R+f+'RJ the abovedescribed property to where the new
"alaybalay ity ;ire .tation will be erected4
WHEREAS, the +.+;R+T+'RJ accepts the above5stated oCer
of the ()&ER with gratitude and deep appreciation#
WHEREAS, pursuant to Resolution &o# //, dated of the
.angguniang Panlungsod, the ity "ayor !on# $%&'$( )# *+,$R$, has
been authori-ed to sign, execute and deliver this Deed of +sufruct for
and in behalf of the ity of "alaybalay4
WHEREAS, pursuant to .#P#'# dated ////////////executed by the
hief ,;P, .+PT <$&DJ <'+*(&, ($ ,;P 21, has been authori-ed to
enter into, sign and accept in behalf of the said cooperative4
!"W THERE#"RE, for and in consideration of the foregoing
premises and of the mutual covenants hereinafter contained, the
parties hereby agree to the following terms and conditions:
2# TERM5 The term of the usufruct shall be for a period of Thirty Jears
@H1B years, renewable at the discretion of the ity %overnment, the
+.+;R+T+'RJ is hereby given the right and privilege to exclusively
use the .$TE where the new "alaybalay ;ire .tation will be established4
0# OWNERSHIP 5 while the usufruct andK or the beneEcial use of the
.$TE is transferred to +.+;R+$L+'RJ, the ownership and title of the
.$TE remains with and continues to be in the name of the ()&ER#
+pon the expiration or non5renewal of the contract, improvements
introduced on the site shall accrue to the ity %overnment#
H# INTRODUCTION OF INFRASTRUCTURES, FACILITIES AND
IMPROVEMENTS# 5 the ()&ER and the +.+;R+T+'RJ shall ?ointly
provide, introduce andK or maintain proper infrastructures, facilities
and improvements, e#g# electricity, communication and water facility
that shall ma:e the .$TE sustainable and viable for the
+.+;R+T+'RJ4
3# EXCLUSIVE USE5 The +.+;R+T+'RJ shall exercise its right to the
exclusive use of the .$TE and shall construct and maintain its building
andK or facilities, structures and improvements in the .$TE in
accordance with local ordinance andK or national laws on
environmental safety, maintenance and preservation#
9# The parties and its successors in interest shall at all times exercise
good faith in the performance of their obligations and the exercise of
their rights under this DEED and no termination hereof shall be availed
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except in case of a serious and material breach, so that no party may be
unduly deprived of its rights under this contract#
IN WITNESS WHEREOF, the herein parties have set their hands this
// day of /////// 0123 in "alaybalay ity, Philippines#
CITY GOVERNMENT OF MALAYBALAY BUREAU OF FIRE PROTECTION
(wner +sufructuary
Represented by: Represented by:
Ho. IGNACIO W. ZUBIRI SUPT LINDY C LAUZON, MPA,
DSC
ity "ayor ($ ,;P 21
.igned in the presence of:
_______________________ _______________________
________________________ _______________________
A C ! N O W L E D G M E N T
Republic of the PhilippinesB
/////////////////////////##B ..#
BEFORE ME, this ////day of ////////, 0123, in the
////////////////////////////, Philippines, personally appeared the following:
&ame $DKT &o# DateKPlace $ssued
$%&'$( )# *+,$R$ ////////////// ///////////////////////
<$&DJ # <'+*(& ,;P $#D# &o# 21521519777 _______________________
:nown to me and to me :nown to be the same person who executed the
foregoing instrument and ac:nowledged to me that the same is their free act and
voluntary deed#
This instrument consisting of Three @HB pages, including this page whereon
this ac:nowledgment is written, has been signed by the parties and their
instrumental witnesses on each and every page thereof, sealed with my notarial
seal#
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WITNESS MY HAND AND SEAL, on the date, year and place Erst above
written#
////////////////////////////
NOTARY PUBLIC
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.eries of 0123