LA MESA ECOPARK

Concessionaire Agreement

This AGREEMENT made and executed this ___ day of __________, 2017, by and between:

______________________________, a sole proprietorship duly organized

and existing under the laws of the Republic of the Philippines with an address at
______________________________________, herein represented by its Owner,
MR/MS, herein after referred to as the “FIRST PARTY”.

and

ABS-CBN LINGKOD KAPAMILYA FOUNDATION, INC. (formerly ABS-CBN

FOUNDATION, INC.), a non–stock, non–profit corporation duly organized and
existing under Philippine laws, with principal with principal address at Mother
Ignacia Avenue corner Eugenio Lopez Drive, Quezon City, herein represented by
its Chief Finance & Services Officer, ______________________ and Bantay
Kalikatsan Program Director, MS. JOHANNA JERALDINE D. SANTOS, herein
after referred to as the “SECOND PARTY”.

WITNESSETH That:

WHEREAS, the FIRST PARTY is engaged in the business of management and

operating the _________________ Items and hereby offers to the SECOND PARTY to
establish a _______________________ within the La Mesa Ecopark;

WHEREAS, the SECOND PARTY hereby expresses its acceptance of the

aforementioned offer of the FIRST PARTY in establishing the ________________ Items within
the La Mesa Ecopark.

THEREFORE, PREMISES CONSIDERED, the parties herein hereby agree, as they

agree on the following

1. Obligations / Responsibility of the FIRST PARTY:

a. Upon signing of this contract, the FIRST PARTY shall install, put up, operate
________________________ at the La Mesa Ecopark for a fee;

b. The concessionaire shall submit the following as an attachment to the Agreement,

for approval of the Park Manager:

a. Layout/design/signage/display
b. Menu/merchandise/services list with corresponding prices and other
details/descriptions

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 c. The FIRST PARTY shall, at its own expense, employ the necessary manpower of
the store. Any employees/workers engaged by the FIRST PARTY shall be on his
own exclusive account, and that the SECOND PARTY should not be held
responsible for any claims, damages, or liabilities relative thereto.

d. The FIRST PARTY agrees to donate to the SECOND PARTY a portion of its gross
income from sales for the maintenance of the La Mesa Ecopark and/or in support of
the SECOND PARTY’s advocacies, particularly on the preservation of the
environment in the following manner:

A. Daily ________ B. Monthly _________

Amount ________ Amount _________

Two consecutive non- operation of the FIRST PARTY without notice to the SECOND
PARTY shall be subject to termination of contract, FIRST PARTY shall submit a
request letter to the SECOND PARTY for the continuation of FIRST PARTY operation
and subject to evaluation;

e. The FIRST PARTY shall be responsible for the electricity, telecommunications,

water, and other utility consumption charges that may be incurred from the
operation, maintenance and use of the facility within park premises; and

f. The FIRST PARTY shall strictly abide by the park policies now existing and/or as
may be issued in the future, including (without limitation):

a. Strictly no smoking within the park premises;

b. Waste disposal shall conform to the park’s solid waste management
plan/rules;
c. Motorized vehicles are not allowed inside the Ecopark;
d. Cleanliness must be observed at all times, and
e. A fine of five hundred (500.00) shall be imposed for non-compliance for every
offense.

The FIRST PARTY agrees to secure copies of and familiarize itself and its
representatives/personnel with all the park’s policies, guidelines, and rules and
regulations; and, keep itself and its members/officers/staff updated thereof.

The FIRST PARTY shall ensure that its representatives/personnel and their
companions/guests, as well as its clients, shall strictly comply with all the general
policies, guidelines and, rules and regulations of the La Mesa Ecopark.

2. Obligations / Responsibility of the SECOND PARTY:

a. The SECOND PARTY shall provide adequate security measures, such as a roving
security guard particularly after the closing of daily park operations to ensure the
safekeeping of the FIRST PARTY’s ____________;

b. The SECOND PARTY shall ensure the viability of the kiosk. Power and Water lines
with separate meters shall be provided to the concessionaire; and

c. The park management reserves the right to impose a product lockout.

3. Common Provision:

a. The duration of this Concessionaire Agreement shall be for a period of

_______________________ renewable at the option of both parties subject to
terms and condition that may be agreed upon;

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 b. The required licenses, permits, clearances from the national and/or government unit
necessary for the operation of the Hamburger/Snack Items shall be for the account
and responsibility of the FIRST PARTY;

c. Nothing in this Agreement shall be construed to create any partnership, joint

venture, agency or employer-employee relationship between the parties, and
between one party and the officers, employees, agents and representatives of the
other party.

The FIRST PARTY shall be acting strictly as an independent

concessionaire/business entity, and shall not represent itself otherwise. Accordingly,
the concessionaire assumes all risks and hazards encountered in the performance of
its operations and obligations and shall be solely responsible for, and shall guarantee
to hold the park owner/management free and harmless from, all injuries to,
including deaths of persons and all losses or damages to property which may result
from the concessionaire’s acts/omissions and/or the performance of its
operations/obligations under this Agreement.

The FIRST PARTY shall defend and indemnify the park owner/management for,
and hold it free and harmless from and against, all liabilities, losses, damages, costs,
expenses, charges and fees which the latter may incur or sustain by reason of any
and all claims which may be asserted against it/them by any person, entity or
government unit/agency arising out of, or attributable to, the concessionaire’s
acts/omissions or performance of its obligations under this Agreement.

The SECOND PARTY shall not be held liable for any loss that may be incurred
during the term of this Agreement.

d. The FIRST PARTY shall not use the park premises for any other purposes other
than food kiosk without the prior written approval of the SECOND PARTY.

e. This Agreement may be terminated or pre-terminated by either Party at any time

upon giving thirty (30) days prior written notice to the other. No such termination
shall affect the receipts of donations by the SECOND PARTY donations which has
accrued prior to termination or pre-termination of this Agreement.

IN WITNESS HEREOF, we have hereunto set our hands and affix our signatures
this ____________day of _____________________, 2018 at __________________________.

______________________________ ABS-CBN LINGKOD KAPAMILYA

FOUNDATION, INC.
First Party
By: By:

_____________________ _____________________
First Party Chief Finance & Services Officer

JOHANNA JERALDINE D. SANTIOS

Bantay Kalikasan Program Director

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 WITNESSES:

_______________________ ________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

QUEZON CITY, METRO MANILA) S.S.

BEFORE ME, a Notary Public for and in Quezon City, this _________day of
____________, 2017, personally appeared the following:

NAME I.D. ISSUER DATE/PLACE

ISSUED

ABS-CBN
FOUNDATION, INC.
cfo
JOHANNA JERALDINE
D. SANTOS

all known to me to be the same persons who executed the foregoing instrument and
acknowledged the same as their own free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL on the above date and place.

Doc. No.________
Page No.________
Book No._______;
Series of 2018

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