Joint Pole MOA BAYANTEL

MEMORANDUM OF AGREEMENT

KNOW ALL BY MEN THIS PRESENTS:

This Agreement made and entered into by and between:

BAYANTEL, a domestic corporation organized and existing under the laws of the Republic of the Philippines, with principal office at BAYANTEL Corporation Center, Maginhawa cor. Malingap Sts., Teacher’s Village, Diliman, Quezon City, herein represented by Alfredo N. Prepuse, Vice President – Comptroller and Dante J. Fernandez, Jr., Head, National Data Operations, hereinafter referred to as “BAYANTEL”;

And

THE CITY OF OLONGAPO, a local government unit created under the laws of the Philippines, with principal office at 2nd Floor Olongapo City Hall, West Bajac-Bajac, Olongapo City, Philippines, duly represented herein by its City Mayor, KATE H. GORDON, hereinafter referred to as ‘OLONGAPO CITY”.

WITNESSETH

WHEREAS, BAYANTEL, is a duly enfranchised telecommunication company providing telecommunication services nationwide;

WHEREAS, in the course of providing the telecommunication services, there is a need on the part of BAYANTEL to put up cable facilities in the City of Olongapo;

WHEREAS, BAYANTEL being an electric service provider, has existing utility poles installed within the territorial boundaries of the City;

WHEREAS, Olongapo City is willing to accommodate the request of BAYANTEL for a Joint Pole Co-Location Agreement in consideration of the donation of BAYANTEL of one hundred fifty (150) pieces of concrete, round, 750 kgs. Capacity, 25 footer utility poles.

NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, it is agreed by and between the parties hereto, as follows:


ARTICLE I

Section 1. OLONGAPO CITY agrees to waive the pole rental charges, in consideration of the One hundred fifty (150) pieces of utility poles to be donated by BAYANTEL to OLONGAPO CITY, on a two-time delivery after the signing of the MOA.

Section 2. OLONGAPO CITY will charge BAYANTEL on pole rental after the 15 year lease period which shall be negotiated between BAYANTEL and OLONGAPO CITY prior to the expiration of the 15 year term but not later than four (4) months from the actual expiration date of the contract.

Section 3. OLONGAPO CITY will allow BAYANTEL to attach, install, string, operate and maintain its cables along the main thoroughfares within Olongapo City.

Section 4. OLONGAPO CITY grants BAYANTEL the right of way and the authority to install, operate and maintain a fully digital telecommunication system at the City of Olongapo, respecting current recognized easements;

Section 5. OLONGAPO CITY shall install at its expense, the BAYANTEL donated poles in accordance with the cable installation requirements of BAYANTEL. All charges for the installation (excavation, erection, fees and other labor charges ) and maintenance of BAYANTEL donated poles will be for the account of OLONGAPO CITY;

Section 6. OLONGAPO CITY will be responsible for the warehousing and storage of the uninstalled BAYANTEL donated poles.

Section 7. BAYANTEL shall furnish the OLONGAPO CITY Public Utilities Department the list of poles or locations of poles where it intends to attach prior to the attachment implementation;

Section 8. BAYANTEL shall be responsible for the delivery of the concrete poles to a location/area in Olongapo City;

Section 9. BAYANTEL shall not be changed by OLONGAPO CITY for the revenue loss due to the transfer of electrical lines from old poles to new poles donated by BAYANTEL;

Section 10. BAYANTEL shall be assured of and will be given the first priority in terms of pole attachments in all BAYANTEL donated poles.

Section 11. BAYANTEL shall be charged with a pole rental of Php 1,500 per pole per year that they will attach to beyond the 150 poles they have donated.


ARTICLE II

SPECIFICATION:

Section 1. BAYANTEL shall attach, install and string its lines on existing OLONGAPO CITY poles with a vertical clearance of at least three (3) feet from the existing lines as illustrated in the attached Annex A.

Section 2. Each party on all angle runs and dead ends to support their own cable and to prevent the owner’s pole from leaning shall install sufficient guying. Each party shall not attach its guys of the other party and shall provide independent another ties to support its attachment.

Section 3. No riser conduit shall be attached to the existing Pole by OLONGAPO CITY. Riser poles used to terminate overhead and underground installations shall be installed independently by each party for its own lines.

ARTICLE III

MAINTENANCE

Section 1. BAYANTEL shall not bore any holes through the Poles subject of this Agreement and shall not make cuts or slices along the side thereof. Pole clamps shall be used for all attachments.

Section 2. Each party on all angle runs and dead ends to support their own cable and to prevents the owner’s pole from leaning shall install sufficient guying. Each party shall not attach its guys to the existing guys of the other party and shall provide independent another ties to support its attachment.

Section 3. Whenever it is necessary to replace any Pole, OLONGAPO CITY shall, before making such replacements, give at least five (5) days notice thereof in writing except in cases of emergency when a verbal notice will be given, which notice shall be subsequently confirmed in writing by OLONGAPO CITY. BAYANTEL shall transfer its attachments to the new pole at its own expense.

Section 4. Whenever there is a change in road elevation due to a government infrastructure project, whish affects the specified vertical clearance between two lines, both parties shall elevate their own facilities at their own expense.

Section 5. Except as otherwise provided in this Article, each party shall at all times, place, maintain, re-arrange, transfer and remove its own attachments at its own expense and shall keep the said attachments in safe and serviceable conditions.

ARTICLE IV

EFFECTIVITY

Section 1. This Memorandum of Agreement shall be binding and effective upon signing by the Parties for a period of 15 years. No amendments or modifications hereof shall be made binding and effective unless the same shall be in writing duly signed by the authorized signatories of both parties.

IN WITNESS WHEREOF, the parties have caused the foregoing instruments to be executed by their respective officers, therein to fully authorized, at the place and on the date first above written.


OLONGAPO CITY BAYANTEL



KATE H. GORDON ALFRED N. PREPUSE
City Mayor Vice President- Comptroller



_________________________
DANTE J. FERNANDEZ, JR.
Head, National Data Operations