JOINT VENTURE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into by and between: MAC BUILDERS a single proprietor duly organized and existing under and by virlue of the laws of the Republic of the Philippines with principal address at Brgy. Lingo, Ormoc City, Leyte, herein represented by ils President/General Manager, hereinafter called fo as the First Party: = and ULTICON BUILDERS, INC. a corporation duly organized and existing under and by virlue of the laws of the Republic of the Philippines with Principal address at DON JULIAN RODRIGUEZ AVENUE, MAA DAVAO CITY herein represented by its owner/Authorized managing officer, hereafter called to as the Second Party; WITNESSETH: That - WHEREAS, the DPWH-REGION XI, has adverlised for public bidding Davao City Coastal Bypass Road at Jct. Davao - Cotabato Road ~ Bago Aplaya - Talomo - Matina Aplaya ~ Roxas Avenve - Sta. Ana Wharf - R. Castillo (Bago Aplaya ~ Times Beach), Package 7 Incl. ROW, Davao City and WHEREAS, the parlies are both desirous of prequalilying for and parlicipa bidding of the above saled project ing in the WHEREAS, the parlies believe thal they can best maximize their chances of prequalilying for the said public bidding and can satisfactorily prosecule the project should they win and be awarded the contact by Bids and Award committee for civil works of the DPWH-REGION Xt if they pool their financial, equipment and technical resources necessary for the above-sated purpose under a Join! Venture agreement. NOW THEREFORE, for and consideration of the foregoing promises and mutual covenants hereinatler sel forth, the Joint Venture have agreed to establish, as they hereby establish and constitute by and between themselves, a JOINT VENTURE for the exclusive purpose of qualifying for and participating in the foresaid public bidding of the project and actually undertaking the construction work thereof should they successtully win and eventually be awarded the contract, subject to the following tems and conditions: /\ sisson | Whee 6, « For all intents and proposes, the Joint Venture enlity established hereby, shall be known as MAC BUILDERS/ ULTICON BUILDERS, INC. JV. For communication purposes, all communication/letters shall be addressed at the Joint Venture’s business acidress at Brgy. Linao, Ormoc City. Mr, MANUEL A, CHUA, is hereby named, appointed and constituted as the Authorized Managing Officer (AMO) and as such, is the sole representative for and behalf of the herein Joint Venture and all bids, contacts and other documents whatsoever pertinent to said project, shall be signed by her/him. The Parties shail be jointly and severally liable for any and ail obligation which the joint venture may incur in relation to the contract which the said Joint Venture may enter into with the DPWH-REGION XI. The parties shail be jointly and severally able for any and ail obligation which the Joint Venture may incur on the basis of 51% for MAC BUILDERS and 49% for ULTICON BUILDERS, INC. for all the necessary capital, equipment, technical personnel, management, supervision and other efforls and resources for the proper implementation of the project in the event that the Joint Venture is awarded the contract for the said project, and further bind themselves at ail times during the existence of this Joint Venture, 10 extend to each other their respective fullest cooperation and best effort towards the efficient and profitable construction of the project in accordance with the approved plans and specification, and fo complete the same within the approve schedule, The net profit of losses of the Joint Venture shall licewise be divided between the parties on a 51% and 49%, respectively. Wis hereby agreed and understood that if the herein Joint Venture fails to qualify for the aforementioned public bidding, or if prequalified, and fails to win the public bidding, the this Agreement shall thereupon cease, terminated and automatically become void and of no further force of effect whatsoever. In the event, the Joint Venture is awarded the aforementioned contract, then this agreement shall remain in full force and effect as of the date hereof, and uniil the final completion and acceptance of the contract project by the DPWH- REGION XI IN WITNESS WHEREOF, the patties, hereto have set their hands this, __day of et Ee aE net ect . Philippines. cerirteo HHOTGOOE 10/) us cece Huy ‘MANUEL A. CHUA CARL ‘L. GONZALEZ | Bh By: MAAC BUILDERS ULTICON BUILDERS, INC. Proprietor Proprietor SIGNED IN THE PRESENC OF ACKNOWLEDGMENT Republic of the Philippines) Cily of SS. This day personally appeared before me the following both known to me as the same persons who executed this foregoing instrument cand they acknowledged to me that the same is their own true and voluntary act and deed and the company/lirm they respectively represent. witness M@“HAND AND SEAL this day of ‘fi _*__, Philippines. Page No,_ 2 Book No. 3/ ! Series of 298,JOINT RESOLUTION Thal the Co-ventures of MAC BUILDERS / ULTICON BUILDERS, INC. (J.V.) namely: MAC BUILDERS with principal address at Purok 8, Brgy. lina, Ormoc Leyte, represented by ils Owner/General Manager. MANUEL A. CHUA. and. ULTICON BUILDERS, INC., with principal address at DON JULIAN RODRIGUEZ AVENUE, MAA DAVAO CIIY, represenied by ils Owner/General Manager, CARLO LISANDRO L. GONZALEZ. Hereby appoint and designate MANUEL A. CHUA as the Authorized Managing Officer (AMO) of the Joint Venture with the authority to represent, negotiate and act for in ils behalt, including the authority and power to apply for Eligibilily and to Bid for the DAVAO CITY COASTAL BYPASS ROAD AT JCT. DAVAO - COTABATO ROAD ~ BAGO APLAYA - TALOMO - MATINA APLAYA - ROXAS AVENUE ~ STA. ANA WHARF ~ R. CASTILLO (BAGO APLAYA ~ TIMES BEACH), PACKAGE 7 INCL. ROW, DAVAO CITY, including the power to sign, execute and deliver any and all kinds of documents, papers and deeds in the allainment of the aim and purpose of the JOINT VENTURE as well as the authority herein granted. IN. WITNESS. WHEREOF, we have, hereunto affixed our signalures on this day of #2) 1! O9kN al as ‘MAC BUILDERS ULTICON BUILDERS, INC. CARLO LISANDRO L. GONZALEZ SOllE PROPRIETOR/AMO of JV GEN. MANAGER REPUBLIC OF THE PHILIPPINES) CHYOF____WARKANLGIED' | 5 5 SUBSCRIBED AND SWORN !0 belore me this a 2 day-ot personally appeared the following with their respective proof of identity: oeRTIFIED PHOTOCOPY =2OKi THE PHOT OGpgy ON FILE su, panaNAME PCAB License No. Date Issued MANUEL A. CHUA 7249 March 9, 1983 CARLO LISANDRO L. GONZALEZ, 17267 December 17, 1993 Known to me and fo me known lo be the same persons who executed the foregoing JOINT RESOLUTION and they acknowledge fo me that the same is their free and voluntary act and deed. WITNESS MY HAND AND SEAL on the date at the place first above wiilten. NOTARY PUBLIC doc no, “2 Page No. U3 Book No,__%33/ Series of 2016. cafeiten pHOrOROR: FAO