AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Agreement is entered into by and between:
DATALAND, INC., a duly registered corporation with office address at
________________________________________, represented herein by
____________________, hereinafter referred to as the FIRST PARTY,
-and-
ROBERTO M. BAUTISTA, Filipino, of legal age and with address at
________________________________________, hereinafter referred to
as the SECOND PARTY,
WITNESSETH:
WHEREAS, the FIRST PARTY desires to purchase the total land area of Thirty
Seven Thousand Nine Hundred Three (37,903) Square Meters owned by International
Development, Inc., located at Bacoor, Cavite which are identified and described under
Transfer Certificate of Title Nos. T-277256, T-277309, T-277431 and T-793015
containing an area of 9,310 Sq. Mtrs., 2,654 Sq. Mtrs., 5,192 Sq. Mtrs. and 20,747 Sq.
Mtrs., respectively;
WHEREAS, the aforesaid properties have squatters and/or Informal Settlers with
shanties, houses and permanent structures built thereon;
WHEREAS, the SECOND PARTY has the capacity to facilitate the sale and/or
acquisition of the aforesaid properties in favor of the FIRST PARTY and clear the same
from said squatters and/or unwanted settlers;
WHEREAS, the FIRST PARTY desires to engage the services of the SECOND
PARTY to have the aforesaid properties acquired and the titles thereof transferred in the
name of the FIRST PARTY and likewise have the same cleared from squatters and/or
unwanted settlers, and the SECOND PARTY is willing to undertake the same subject to
the terms and conditions stated hereunder;
NOW, THEREFORE, the parties hereby agree that:
1. CONSIDERATION – The total consideration to acquire the aforesaid
properties described under Transfer Certificate of Title Nos. T-277256, T-277309, T-
277431 and T-793015, to transfer the titles thereof in the name of the FIRST PARTY
and to clear its area of squatters and/or unwanted settlers shall be at Eight Thousand
Pesos (P8,000.00) per square meter or in the total amount of THREE HUNDRED
THREE MILLION TWO HUNDRED TWENTY FOUR THOUSAND PESOS
(P303,244,000.00), payable under the following breakdown:
a. The amount of Four Thousand Pesos (P4,000.00) per
Square Meter or a total ONE HUNDRED FIFTY ONE MILLION SIX
HUNDRED TWELVE THOUSAND PESOS (P151,612,000.00) to cover
the acquisition of the subject properties, payment of the taxes and fees
due thereon in order to transfer the titles thereof in the name of the FIRST
PARTY and to cover the payment, cost of mobilization and/or expenses to
clear the subject properties from squatters and/or unwanted settlers.
Upon signing hereof, the FIRST PARTY shall deliver to the SECOND
PARTY the amount of Three Million Pesos (P3,000,000.00) to bind the
FIRST PARTY, SECOND PARTY and the land owner, International
Development, Inc., to the sale of the subject properties;
b. The balance in the amount of Four Thousand Pesos
(P4,000.00) per Square Meter or a total of ONE HUNDRED FIFTY
ONEMILLION SIX HUNDRED TWELVE THOUSANE PESOS
(P151,612,000.00) to cover the payment, cost of mobilization and/or
expenses to clear the subject properties from squatters and/or unwanted
settlers. The release of the funds herein in favor of the SECOND PARTY
shall be pro rata per square meter and shall become due and
demandable commensurate to the areas actually cleared of squatters
and/or unwanted settlers;
2. The FIRST PARTY hereby APPOINTS, NAMES AND CONTITUTES the
SECOND PARTY as its ATTORNEY-IN-FACT, to act for and in its behalf in the sale,
purchase and/or acquisition of the subject properties. For this purpose, the SECOND
PARTY may have said properties initially placed under his name, in trust for the FIRST
PARTY, with the solemn obligation to deliver and/or transfer possession and/or
ownership thereof in the name of the FIRST PARTY, its heirs and/or assigns,
immediately upon instruction of the FIRST PARTY in writing;
3. Should any of the parties violate any of the provisions hereof, the
aggrieved party may rescind this agreement upon thirty (30) day notice to the adverse
party. And should there be any legal action by reason thereof, the aggrieved party shall
be entitled to at least twenty five (25%) percent of the gross claim as litigation expense;
4. The venue of any legal action in relation to this agreement shall be with
the Court of competent jurisdiction in Bacoor, Cavite to the exclusion of all other courts.
IN WITNESS WHEREOF, we have hereunto signed this Agreement this ____
day of December 2011.
DATALAND, INC. ROBERTO M. BAUTISTA
First Party Second Party
By:
____________________
__________________________ WITNESSES ___________________________
ACKNOWLEDGMENT
BEFOREME, a Notary Public for and in _____________________, this ____ day
of December 2011, personally came and appeared:
NAME IDENTIFICATION CARD DATE/PLACE ISSUED
1.
2.
known to me to be the same persons who executed the foregoing instrument and they
acknowledged to me that the same is their own free and voluntary act and deed.
This instrument consists of three (3) pages, including this page, signed by the
parties and their witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL.
Notary Public
DOC. NO. _____
PAGE NO. _____
BOOK NO. _____
Series of 2011.
