Republic of the Philippines

Province of Laguna
Municipality of Pangil

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF
PANGIL, LAGUNA HELD AT THE SESSION HALL ON OCTOBER 9, 2023, AT 9:00 O’CLOCK IN
THE MORNING.
Present:
HON. DIVINE GRACE G. ASTOVEZA MUNICIPAL VICE MAYOR
HON. RIANNE MAY M. DIAZ COUNCILOR
HON. JEMUEL JOE B. DURANTE COUNCILOR
HON. JOSELITO C. PAJARILLO COUNCILOR
HON. ARTAEUS IVAN B. ACAYLAR COUNCILOR
HON. MARLON B. BASAS COUNCILOR
HON. GREGORIO D. SUBAYBAY COUNCILOR
HON. MANUEL R. CASTAŇEDA COUNCILOR
HON. ROBERTO M. FLORES COUNCILOR (LNB President)
HON. RINA E. SEMION COUNCILOR (SK Fed. President)
Absent:
HON. HERBERT D. BAUTISTA COUNCILOR

RESOLUTION AUTHORIZING THE LOCAL CHIEF EXECUTIVE, HON. GERALD A.

ARITAO, FOR AND IN BEHALF OF THE MUNICIPALITY OF PANGIL, TO SIGN AND
ENTER INTO A MEMORANDUM OF AGREEMENT (MOA) WITH THE LAGUNA WIND
ENERGY CORP., REPRESENTED BY ITS PROJECT DEVELOPMENT MANAGER,
MARY GRACE L. TARGA, RELATIVE TO THE USE OF THE PUBLIC ROAD OF
BARANGAY SULIB AND BARANGAY GALALAN FOR THE INGRESS AND EGRESS OF ITS
VEHICLES TRANSPORTING GENERAL CONSTRUCTION MATERIALS FOR THE
DEVELOPMENT, MAINTENANCE, AND OPERATION OF ITS PROJECT .

RESOLUTION NO. 259

Series 2023

WHEREAS, presented to the Sanggunian is the request to authorize the Local Chief Executive,
Hon. Gerald A. Aritao, to sign and enter into a Memorandum of Agreement (MOA)
with the Laguna Wind Energy Corp., represented by its Project Development
Manager, Mary Grace L. Targa, relative to the use of the public road of Barangay
Sulib and Barangay Galalan for the ingress and egress of its vehicles transporting
general construction materials for the development, maintenace, and operation of
its project;

WHEREAS, the Laguna Wind Energy Corp. (LWEC) is a subsidiary of The Blue Circle Philippines
Holdings Corp. (TBC), are in charge of the construction, development and
implementation of the Kalayaan 2 Wind Power Project;

WHEREAS, LWEC and TBC presented to the Hon. Sanguniang Bayan of Pangil, Laguna the
background of the project, its impact and benefits, the Project proponent’s profile
as well as to address the concerns of affected stakeholders for the use and
widening of portions of the municipal and/or barangay roads, as well as the
construction of a diversion road, leading to the Project from the National Highway;

WHEREAS, section 22 paragraph C of Republic Act 7160 otherwise known as the Local
Government Code of 1991 provides that, no contract maybe entered into by the
Local Chief Executive for and in behalf of the Local Government Unit without prior
authorization from Sangguniang Bayan concerned;

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 Continuation of Resolution No. 259; Series 2023

NOW THEREFORE, for and in consideration of the foregoing premises and the mutual
covenants contained herein, the Parties: First Party (Municipality of Pangil,
Laguna), Second Party (Laguna Wind Energy Corp.), agree as follows:

ARTICLE I - SCOPE

1.1. The PROJECT shall cover the construction of the portions and widening of selected
portions of the ACCESS ROAD, which may include the transfer of existing power
poles/cables and pipelines, the provision of lay-by for passing vehicles, necessary
reinforcement or shoring of existing bridges and culverts, and other provisions to
accommodate the safe use thereof by the public and the SECOND PARTY during the
construction and operations of its wind power projects in the area. Any damage to existing
road shall be repaired by the SECOND PARTY. To be specific, any new road construction
or widening shall comprise the grading and alignment to appropriate geometry, overlaying
and compaction of subgrade materials to replace organic and soft clays, placement and
compaction of gravel bedding to design thickness, and shaping the finish layer to avoid
ponding;

ARTICLE II - OBLIGATIONS of the FIRST PARTY

2.1. The FIRST PARTY shall provide access and authorization in favor of the SECOND PARTY
during the period of development and construction from the signing of this Agreement to
use the ACCESS ROAD, including the entry and right of way of the necessary
machinery/ies and equipment;

2.1.a. The FIRST PARTY shall provide access and authorization to use the access road
after the duration indicated in Section 2.1, including the entry and right of way of
the necessary machinery/ies and equipment in the event that there is a need to
use the access road during emergencies and other operational needs, provided
that the SECOND PARTY shall give an advance notification to the FIRST PARTY
and the Barangay concerned to avoid traffic congestion;

2.2. The FIRST PARTY shall endorse the issuance of the Resolution of Support in favor of the
SECOND PARTY to use the ACCESS ROAD and shall recommend the issuance of the
pertinent permits (i.e. Building or Construction Permits) required by the SECOND PARTY to
proceed with the PROJECT;

2.3. The FIRST PARTY shall allow, assist whenever necessary, and grant priority access to the
SECOND PARTY, its affiliates, contractors, subcontractors, and authorized personnel on
the use the ACCESS ROAD, including the ingress and egress of its vehicles to transport the
SECOND PARTY’s equipment, generators, turbines, masts, propellers, machines, and other
items needed by the SECOND PARTY for the development, maintenance, and operations
of its renewable wind energy power plant in the area;

ARTICLE III - OBLIGATIONS of the SECOND PARTY

3.1. The SECOND PARTY shall (a) provide the needed funds to accomplish the PROJECT;
(b) provide necessary machinery/ies; (c) provide equipment and operators for the same;
(d) require the PROJECT’s Contractor to hire and utilize Sixty Percent (60%) of its labor
personnel or manpower who are residents of the FIRST PARTY for the construction of the
PROJECT, and (e) provide any and all materials needed for the PROJECT;

3.2. The SECOND PARTY shall coordinate with the FIRST PARTY’s Municipal Social Welfare
Development (MSWD) and, whenever appropriate, shall provide support or assistance to
pre-identified activities designed to benefit the constituents of the Municipality of Pangil,
Laguna as part of their Corporate Social Responsibility;

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3.3. The SECOND PARTY shall be solely responsible for its personnel, workers, labor,
operators, contractors, and subcontractors, including payment of their services rendered
in the PROJECT;

Continuation of Resolution No. 259; Series 2023

3.4. The SECOND PARTY shall be solely liable for the machinery/ies, equipment, whether
owned, rented or leased from third party/ies, including lease/rent payment of the same
and costs for the repair of the same, if necessary;

3.5. The SECOND PARTY shall facilitate the application of the necessary permits, clearances
and any documents needed for the PROJECT before any authorities/agencies/offices and
shall be liable for the fees, payments and expenses to be incurred by the same, with the
assistance of the FIRST PARTY;

3.6. The SECOND PARTY shall shoulder any and all expenses with regard to the
implementation of the PROJECT;

3.7. The SECOND PARTY shall be liable at its own cost and without any right of reimbursement
whatsoever for the maintenance and repair of the ACCESS ROAD in the event of
deterioration or damages caused by its usage of the road during the ENTIRE development
of its Wind power projects FOR THE ENTIRE DURATION OF THE DEVELOPMENT &
CONSTRUCTION plus an additional one (1) year after;

3.7.1. To guarantee and ensure faithful compliance of its obligation as provided for in the
immediately preceding paragraph 3.7, SECOND PARTY, before the commencement
of its development or construction of the wind power project, shall secure and
submit to the FIRST PARTY a surety bond or performance bond in favor of the
FIRST PARTY as beneficiary. The amount of which is based on the project cost,
and which shall remain effective until the period stated on paragraph 3.7. Failure
or refusal of the SECOND PARTY to comply hereof, SECOND PARTY shall not be
allowed to use the subject ACCESS ROAD furthermore. This specific provision shall
be incorporated in the Memorandum of Agreement (MOA) or such other
agreements or contracts that may be executed by the FIRST PARTY and SECOND
PARTY relative hereto;

3.8. The SECOND PARTY shall commence the PROJECT within (1) month from the issuance of
all the necessary permits/clearances for the said PROJECT, with the assistance of the
FIRST PARTY.

ARTICLE IV - OTHER COVENANTS

4.1. Both parties agree that the ACCESS ROAD shall be open to public use;

4.2. This Agreement shall be binding between the parties, assigns, and representatives.

ARTICLE V - AMENDMENTS

5.1 Any amendments to this Agreement, regardless of purpose but related herewith or to the
PROJECT, shall be in writing and shall contain the signatures of the herein parties or their
designated representative/s.

ARTICLE VI - GOVERNING LAW

6.1 This Agreement shall be governed by and construed in accordance with the laws of the
Republic of the Philippines.

WHEREFORE, viewed from the foregoing, and on motion of Hon. Manuel R. Castañeda,
unanimously seconded by the honorable members of Sangguniang Bayan
present, The Sangguniang Bayan Resolved, AS IT HEREBY RESOLVED, to
authorize the Local Chief Executive, Hon. Gerald A. Aritao, for and in behalf of
the municipality of Pangil, to sign and enter into a Memorandum of Agreement
(MOA) with the Laguna Wind Energy Corp., represented by its Project
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 Development Manager, Mary Grace L. Targa relative to the use of the public road
of Barangay Sulib and Barangay Galalan for the ingress and egress of its vehicles
transporting general construction materials for the development, maintenance,
and operation of its project .
Continuation of Resolution No. 259; Series 2023

RESOLVED FURTHER, that the Memorandum of Agreement duly signed by both parties shall
be submitted to the Sangguniang Bayan for ratification.

APPROVED: October 9. 2023

Sponsored by: SANGGUNIANG BAYAN MEMBERS

CERTIFIED TRUE AND CORRECT:

MS. ROWENA C. AGBAYANI

Sangguniang Bayan Secretary

ATTESTED BY:

HON. DIVINE GRACE G. ASTOVEZA

Municipal Vice Mayor

APPROVED:

HON. GERALD A. ARITAO

Municipal Mayor

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This document is unofficial without dry seal