Joint Pole MOA PT&T

MEMORANDUM OF AGREEMENT


KNOW ALL MEN BY THIS PRESENTS:

This agreement made and entered into by and between:

PHILIPPINE TELEGRAPH AND TELEPHONE CORPORATION, a domestic corporation organized and existing under the laws of the Republic of the Philippines, with principal office at 106 C. Palanca Jr. Street, Legaspi Village, Makati City, herein represented by PEDRO R. SANTOS, JR. Senior Vice President, Network Engineering and Technical Services, hereinafter referred to as “PT&T”

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, PT&T, is a duly enfranchised telecommunication company providing telecommunication service nationwide;

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

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

WHEREAS, the Olongapo City is willing to accommodate the request of PT&T for a Joint Pole Co-Location Agreement in consideration of the donation of PT&T of two hundred (200) pieces of concrete, round, class 7 and 45’ footer utility poles.

NOW, THERFORE, 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 Fifty (50) places of utility poles to be donated by PT&T to Olongapo City, on a two-timer delivery after the signing of this MOA.

Section 2. OLONGAPO CITY will charge PT&T on pole rental after 15 year lease period which shall be negotiated between PT&T and OLONGAPO CITY prior to the expiration o f the fifteen (15) year term, but not later than four (4) month from the actual expiration date on contact.
Section 3. OLONGAPO CITY will allow PT&T to attach, install, string, operate and maintain its cables along the main thoroughfares within Olongapo City.

Section 4. OLONGAPO CITY grants PT&T the right of way and the author 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 PT&T donated poles in accordance with the cable installation requirement of PT&T. All charges for the installation (excavation, erection, fees and other labor charges) and maintenance of PT&T 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 PT&T donated poles.

Section 7. PT&T shall furnish the OLONGAPO CITY Public Utilities Department the list of poles or locations of poles where in intends to attach prior to the attachment implementation.

Section 8. PT&T shall be responsible for the delivery of the concrete poles to a location/area in OLONGAPO CITY.

Section 9. PT&T shall not be charge by OLONGAPO CITY for the revenue loss due to the transfer of electrical lines from the old poles to new poles donated by PT&T.

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

Section 11. PT&T shall be charge with a pole rental of P 250.00 per pole per year that they attach to beyond the 50 poles they have donated.

ARTICLE II

SPECIFICATIONS:

Section 1. PT&T 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 illustrate 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 owners pole from leaning shall sufficient guying. Each party shall not attach its guys to the existing guys of the other party and shall provide independent anchor 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. PT&T shall not bore any through the poles subject of this Agreement and shall not make cuts or slices along the sides thereof. Pole clamps shall be used for all attachments.

Section 2. Each party shall maintain at its own facilities.

Section 3. Whenever it is necessary to replace any Pole, OLONGAPO CITY shall before making such replacements given at least (5) days notice thereof in writing except in case of emergency when verbal notice will be given which notice shall be subsequently confirmed in writing by OLONGAPO CITY, PT&T 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, which 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 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 fifteen (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, thereunto, fully authorized, at the place and on the date above written.


OLONGAPO CITY PT&T

By: By:


____________________ _______________________

KATE H. GORDON PEDRO R. SANTOS,JR.
City Mayor SVP-NETS



SIGNED IN THE PRESENCE OF:


ERNESTO M. REYES
VP-EXTERNAL AFFAIRS