AWH Ph 11 - Deed Restrictions

DEED OF RESTRICTIONS, CONDITIONS AND COVENANTS

for THE ORCHARD TERRACES AT AYALA WESTGROVE HEIGHTS

(PHASE 11)

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PHASE 11 at Ayala Westgrove Heights Page 2 of 36 Deed of Restrictions

Table of Contents Introduction 3 The Declarant 4 The Ayala Westgrove Heights Homeowners Association 4 Subdivision Map of PHASE 11 at Ayala Westgrove Heights 5 I. Definition of Terms 5 II. Conditions of Ownership, Use and Occupancy 17

A. General Conditions 17 B. Conditions for Residential Lots 17 C. Special Conditions for Special Lots 18 and the appurtenant Limited Common Area

III. Buildings and Architecture 20 A. Type of Materials 20 B. Cost of Dwelling Unit 20 C. Building Height 20

1. Residential Lots 2. Limited Common Area

D. Setback Areas 21 1. Residential Lots 2. Limited Common Area 3. Outdoor Structures 4. Roofs and Eaves 5. Basements, Water Tank and Other Structures E. Walls and Fences 24 F. Vehicular Entrances and Driveways 25 G. Parking 26 H. Cutting and Filling 26

IV. Utilities 29 A. Connection Guidelines 29 B. Utility-Specific Restrictions 30

1. Water Utilities 2. Electricity: Power Generating Sets 3. Other Restrictions

C. Telecommunications Utilities 30 D. Other Utilities 31 1. Poles, Posts and Similar Structures 2. Solar Collector V. Construction 31

A. Construction Guidelines 31 B. Soil Conditions 31 C. Completion of Construction 31 D. Construction Guarantee Deposit 31

VI. Approval of Plan 32 VII. Maintenance 32 A. General Maintenance 32 B. Tree Cutting 32 C. Tree Planting 33 D. Grass Cutting 33 E. Private Security Guards and Domestic Help 33 F. Garbage 33 G. Accumulation and Storage of Materials 33 H. Streets and Common Areas 33 VIII. Resale of Lots 34 IX. Approval of Declarant or Association 34 X. Annexation 34 XI. Membership in the Ayala South Association 34 XII. Maintenance Easement 34 XIII. Design Guidelines 35 XIV. Interpretation of Restrictions 35 XV. Enforcement of Restrictions 35 XVI. Period of Restrictions 35

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PHASE 11 AT AYALA WESTGROVE HEIGHTS Deed of Restrictions, Covenants and Conditions

This Deed of Restriction, Covenants and Conditions executed by the owner, AYALA LAND, INC., a corporation duly organized and existing under the laws of the Republic of the Philippines with address at 2nd Floor, Tower One and Exchange Plaza, Ayala Avenue, Makati City, Philippines, duly represented herein by its authorized representatives (the Declarant);

WITNESSETH: That Introduction Ayala Westgrove Heights is envisioned as a planned community and a part of Ayala South, an integrated group of master-planned developments within the provinces of Cavite, Laguna, Batangas and their surrounding environs, which are being developed, controlled, managed or directed by Ayala Land, Inc., its subsidiaries and affiliates. Ayala Westgrove Heights will primarily consist of high quality, low-rise, detached houses but may, within pre-designated areas and consistent with the master plan, ultimately allow for attached housing, commercial centers, recreational areas, schools and other community support facilities that are within proximity to each other. Along with the rest of Ayala South, Ayala Westgrove Heights is being developed as a complete community where there will be a range of complementary amenities intended to enhance the quality of life of its constituents and the marketability of the area. In this way, a variety of land uses that complement and reinforce one another within a framework of development that is socially cohesive and sensitive to the environment is promoted. As one of the phases within Ayala Westgrove Heights, The ORCHARD TERRACES at Ayala Westgrove Heights (PHASE 11) shall thus be guided by this Deed Restrictions which, together with the Design Guidelines, collectively, are intended to:

Safeguard every individuals health and welfare through establishing and sustaining a safe, livable and pleasant community.

Secure to each property owner the full benefit and enjoyment of owners property with no

greater restriction than is necessary to insure the same advantages to other owners. Assure residents and users of the communities that the intended land use and character of

their neighborhood will be preserved, and their right to access and utility service will be protected.

Maintain the aesthetic standards within Ayala Westgrove Heights to make it an attractive and

desirable place to live in. Prevent nuisances and the deterioration of neighborhoods that result from a let people do

whatever they want philosophy of property use. Protect property values by ensuring that only compatible developments and densities will be

located within the development.

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PHASE 11 AT AYALA WESTGROVE HEIGHTS Deed of Restrictions, Covenants and Conditions The Declarant The Declarant, Ayala Land Inc., is the owner and developer of the real estate development known as Ayala Westgrove Heights located in Silang, Cavite. The Declarant intends to sell and convey the Lots and to impose upon the Lots mutually beneficial covenants and restrictions under a general plan or scheme of development for the benefit of the owners and future owners thereof, and for the benefit of providing an established area with a unique character and balance of built and natural environment that enhances and preserves pedestrian environment and the visual and urban design quality of existing or future developments. The Declarant hereby declares that all the Lots shall be held, conveyed, hypothecated, or encumbered, leased, rented, used, occupied and improved, subject to covenants, conditions, and restrictions herein. All of said covenants, conditions, and restrictions shall run with the land and shall be binding on all parties having or acquiring any right, title, or interest in the subdivision lots, whether as sole owner, joint owners, mortgagee, lessees, tenants, occupants, or otherwise. All the provisions of this Deed Restrictions shall form part of the consideration of the sale of the Lots (see Illustration A) and shall be annotated on their corresponding certificates of title as voluntary liens and encumbrances. The Ayala Westgrove Heights Homeowners Association Owners or subsequent successors-in-interest are required to be, and are automatically, members of the Ayala Westgrove Heights Homeowners Association Inc. They must abide by the rules and regulations laid down by the Association in the interest of sanitation, security, aesthetics and the general welfare of the community. These restrictions shall be binding on each Owner. The Owners execution of the relevant sale and purchase agreement with the Declarant constitutes an acceptance of these restrictions and the corresponding obligation to abide by the provisions thereof. The Association is authorized to make assessments to meet the expenses for the operation, maintenance and improvement of the development and its facilities that will constitute a lien on the Lot junior only to liens of the government for taxes and voluntary mortgages for sufficient consideration entered into in good faith.

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I. DEFINITION OF TERMS The terms used herein, unless the context indicates otherwise, shall have the definitions hereafter set forth or as designated in the text and illustrations hereof. Association shall mean The Ayala Westgrove Heights Homeowners Association, Inc., a non-stock, non-profit homeowners organization, its successors and assigns. Prior to the organization of the Association, the rights of the Association as stated in this Deed Restrictions (including, where applicable, the grant of consents or approvals) shall be exercised solely by the Declarant. Basement shall refer to the lowest portion of a Dwelling Unit that is, either partly or entirely, below the Original Ground Level. Board shall refer to the Board of Directors of the Association and its members as may be elected periodically. Build-able Area shall mean the area within the Lot surrounded by the Setback Area and where Buildings and other structures are allowed.

Illustration A

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Building shall refer to any permanent structure constructed within a Lot which could either be a (i) Residence or (ii) Stand-alone Structure. Building Footprint shall mean the total lot area coverage of a Building, measured from a Buildings outermost, above-ground, horizontal projections on all sides thereof excluding eaves projecting up to a maximum of two (2) meters from the Building. Common Area shall refer to an area shown on any recorded subdivision plan of the Property, other than Lots, which are intended to be used and enjoyed in common by the Owners. These shall include, without limitation, any private road, drainage area, easement for road, landscaping, walkway, open space, parking area, path and any improvement now or hereafter constructed thereon including, without limitation, street, lighting system, signage, structure, landscaping thereon and any Surface Water or Storm Water Management System but which excludes water and other utility systems which are reserved for the operation by the Declarant and/or its duly designated service provider. This term shall also include all personal property and real property, including easement and license, leasehold, or other real property interest, including any improvements thereon, owned or maintained by the Association for the common use and enjoyment of the members of the Association, their families, guests, and persons occupying Dwelling Units on a guest or tenant basis, and to the extent authorized by this Deed Restrictions.

Illustration B

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Deck shall refer to any flat floored area within the Lot but outside the Residence which is often used for outdoor activities and entertainment. Declarant shall mean Ayala Land, Inc., its successors, and assigns. No entity shall be considered a successor or assign of the Declarant unless such appointment is evidenced by a written instrument executed by the Declarant for that purpose. Deed Restrictions shall refer to this Deed of Restrictions, Covenants and Conditions on the use and occupancy of Lots within The ORCHARD TERRACES at Ayala Westgrove Heights (PHASE 11) and any supplement hereto. Design Guidelines shall mean the document attached to this Deed Restrictions as Annex A, and made an integral part hereof, which outlines and illustrates recommendatory physical, architectural, landscape, and urban design characteristics intended for The ORCHARD TERRACES at Ayala Westgrove Heights (PHASE 11). Dwelling Unit shall mean the Residence constructed thereon, for which a Certificate of Occupancy shall be issued by the relevant government agencies. Enclosed Stand-alone Structure shall refer to a Standalone Structure the wall area of which is covered to the extent of 50% either by concrete, doors, windows, glass or other materials. Gross Floor Area shall refer to, with respect to a particular structure, the area encompassing the entire perimeter of the structure, measured from the center-line of the outermost external wall of said structure, including the main structure of the Building, as well as all components thereof at each floor of the structure. Highest Original Ground Level shall refer to, with respect to a particular Lot, the highest Original Ground Level of the Lot. Landscape Area shall mean the Lot area net of the Building Footprint, all of which shall be used for landscaping. Lot shall refer to any plot of land shown in the subdivision plan for THE ORCHARD TERRACES (PHASE 11) at Ayala Westgrove Heights and designated as a numbered subdivision lot. The term Lot shall exclude any Common Area. For purposes hereof, a Lot also means Residential Lot which refers to the lot where a Residence is allowed to be constructed, and is further classified into a: Regular Lot which refers to any of the following:

Block # Lot # 2 1 4 1 4 2 4 11 4 16 5 5 5 6 5 7 5 8 5 9 5 10 5 11 5 12 5 14

7 2 7 33 7 34 8 2 8 3 8 5 8 6 8 7 8 8 8 9 8 10 8 11 8 12 8 14 8 15

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Special Lot which refers to a Residential Lot that is appurtenant to a Limited Common Area and refers to any of the following:

SPECIAL LOT LIMITED COMMON AREA Block # Lot # Block # Lot #

1 16 1 31 1 17 1 32 1 18 1 33 1 19 1 34 1 20 1 35 1 21 1 36 1 22 1 37 1 23 1 38 1 24 1 39 1 25 1 40

Special Ridge Lot which refers to any of the following:

Block # Lot # 1 1 1 2 1 3 1 5 1 6 1 7 1 8 1 11 1 12 2 29 2 30 2 31 2 32 2 33 2 34 2 35 2 36 2 37 2 39 2 40 2 41 2 42 2 43 2 45 2 46 2 47 2 49 2 50 2 51 2 52 3 1 3 3 3 5 3 6 3 7 3 8 3 9

3 10 3 11 3 12 3 14 3 15 3 16 3 17 3 18 3 21 3 22 3 23 3 24 3 25 3 27 3 28 3 29 3 30 3 38 3 39 3 40 3 41 3 42 3 43 3 45 3 46 3 47 3 50 3 51 3 52 3 53 3 54 5 1 5 2 5 3 5 5 5 6 5 7

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Lots Adjoining The Orchard Park which refers to any of the following:

Block # Lot # 1 12 1 14 1 15 1 16 1 17 1 18 1 19 1 20 1 21 1 22 1 23 1 24 1 25 1 27 1 28 1 29 1 30 4 2

4 3 4 5 4 6 4 7 4 8 4 9 4 10 4 11 4 12 4 14 5 14 5 15 5 16 5 17 5 18 5 19 5 20 5 21

(Illustrations I-i to I-iv show the delineation, classification and location of the Lots.) Limited Common Area shall refer to the Common Area that is adjacent to a Special Lot as stated in Section II.C and is for the exclusive use or benefit by the Owner of the relevant Special Lot to which it is adjacent to. (Please refer to Illustration I-vi). Orchard Park shall refer to the Common Areas which are adjacent to the Lots Adjoining The Orchard Park. (Please refer to Illustration A.) Original Ground Level shall refer to, with respect to a particular Lot, the original elevation of the Lot independent of other adjacent Lots and/or areas of the Village as determined by the Declarant existing prior to the commencement of any construction on the Lot by the Owner. Owner shall refer to the property owner, co-owner, joint owner, mortgagee, lessee, tenant, or occupant of a Lot. Property shall refer to the land encompassed by The ORCHARD TERRACES at Ayala Westgrove Heights (PHASE 11) as described in the Certificate of Registration No. 19053 issued by the Housing and Land Use Regulatory Board dated May 19, 2008. Property Line shall refer to, with respect to a Lot, the property boundary thereof expressed as part of the technical description of said Lot as shown in the transfer certificate of title covering such Lot. Residence shall refer to a single-family, detached and enclosed residential structure which is intended to be used for habitation and containing facilities for living, sleeping, cooking and eating. Setback Area shall refer to an area within the Lot, where the construction or installation of any structure is restricted or regulated by setback restrictions prescribed under this Deed Restrictions. Special Planting Strip shall refer to the Common Area intended for linear parks and/or planting strips as shown in Illustration I-v. Spine Road shall refer to the main arterial road within the Property traversing the Village more particularly as described Road Lot 6 in Annex B. (Please refer to Illustration I-vii.) Stand-alone Structure shall refer to any structure other than a Residence and for which a Certificate of Occupancy has been issued and is further classified into either an (a) Enclosed Stand-alone Structure, or (b) Unenclosed Stand-alone Structure. Surface Water/Storm Management System shall refer to a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the

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quantity and quality of discharges from the system, as permitted pursuant to any and all applicable law or governmental regulation. Unenclosed Stand-alone Structure refers to any Stand-alone Structure that is otherwise not an Enclosed Stand-alone Structure. Village shall refer to the Ayala Westgrove Heights.

Illustration I-i

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Illustration I-ii

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Illustration I-iii

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Illustration I-iv

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Illustration I-v

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Illustration I-vi

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Illustration I-vii

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II. Conditions of Ownership, Use and Occupancy Each Lot shall be used exclusively for single-family residential purposes. As used herein, residential purposes shall exclude hospitals, duplex houses, multi-family attached housing, apartments, boarding houses, schools, hostels, inns, orphanages, rehabilitation centers and such other use which is similar or related to the foregoing, all such uses being expressly prohibited. A. General Conditions No activity shall be permitted on any Lot which is or may be detrimental to the occupant of any other Lot or which is or may be an annoyance or nuisance to other residents of the Village. Without limiting the generality of the foregoing: 1. No trailer, shack, barn or other outbuilding shall be erected on the Lot at any time other than

those used as temporary construction facilities for the construction of the Residence nor shall any structure of a temporary character be used as the Residence.

2. No animal shall be maintained on a Lot, except that domestic pets of such kind and in such

numbers may be kept on a Lot subject to regulation and control of the Association; provided that, where so allowed by the Association, domestic pets must be confined to the premises of the Lot and shall not be allowed to roam about or wander around except when under leash; provided further that, the raising or keeping of hogs, horses, poultry, fowls, or of other livestock on any part of the Village is strictly prohibited. The Owner shall be fully responsible for any nuisances and incidents caused by animals reported by any member of the Association.

3. The construction, installation or utilization of a water well, deepwell or artesian well within a

Lot shall not be allowed. 4. No Lot shall be used as a distribution point for commercial goods. 5. No Lot or any part thereof shall be used for vicious, illegal, immoral or offensive activity

such as, but not limited to, gambling, distribution of contraband and the like nor for any purpose in violation of national or local laws and regulations, or of police, health, sanitary, building or fire code regulations or instructions relating to or affecting the use or occupancy or possession of any Lot or the Property. Violations will be referred and reported to the appropriate government authorities notwithstanding any action that may be taken by the Association.

6. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or

other wastes shall be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

7. Hazardous, flammable, noxious, toxic and explosive items such as, but not limited to,

firecrackers, gasoline and chemicals are prohibited from being stored and/or kept within any Lot.

8. Commercial or advertising signs shall not be placed, constructed or erected on any Lot. A

name plate and/or a professional sign identifying the occupants of the Dwelling Unit may, however, be permitted for as long as such sign does not exceed 30 x 60 centimeters in size.

9. No weeds, underbrush or other unsightly growth shall be permitted to grow or remain upon

any part of the Lot and no refuse, pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. If such condition is not corrected by the Owner or the Occupant despite notice from the Association, the latter shall have the right to enter upon the premises, remove any of the foregoing and/or effect the rectification at the expense of the Owner.

B. Conditions for Residential Lots 1. A Residential Lot shall not be subdivided; however, two (2) or more Residential Lots may be

consolidated and re-subdivided into not more than the original number of Residential Lots prior to consolidation; provided that, none of the resulting Residential Lots shall be smaller in area than the smallest Residential Lot before consolidation. In all cases, the consolidation/subdivision plans shall be duly approved by the Declarant and the proper government office or agency. In case one (1) Residence will be constructed on two (2) or more Residential Lots, these Residential Lots are to be consolidated prior to the construction

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of the Residence; provided that, the consolidated Residential Lots shall be considered as a single Residential Lot for the application of this Deed Restrictions. The application and processing of the required permits and approvals shall be the sole responsibility of the Owner.

2. Only one (1) Residence for a single family shall be constructed on a Residential Lot.

However, two (2) or more Residential Lots may be used for a single Residence; provided that, the Lots shall be consolidated in accordance with Article II-B(1), and shall be considered as a single Residential Lot for the application of this Deed Restrictions.

3. A greenhouse, gazebo, trellis, bathhouse, and the like which is detached from the Residence

may be built within a Residential Lot, subject to the approval by the Declarant or the Association of the design thereof; provided that, the same is only one (1) storey in height, of an ornamental character, shall not be used for habitation, and shall be built in compliance with Setback Areas required by this Deed Restrictions. In the event that a greenhouse, gazebo, trellis, bathroom or the like is constructed on a Residential Lot, it shall be finished in substantially the same material as the Residence constructed on the same Residential Lot.

4. Every Owner must provide within his Residential Lot a dedicated area for purposes of

landscaping. 5. If a Building located within a Residential Lot is totally destroyed or rendered uninhabitable

by fire, wind, rain or any other disaster, or is condemned by the government, then the Owner of the Lot shall commence repair, restore or rebuild the structure, or remove the damaged structure and clean the Lot of debris, in either case, within twelve (12) months from the occurrence of the disaster.

C. Special Conditions for the Special Lots and the Appurtenant Limited Common Area The Declarant hereby constitutes the following as Limited Common Area and shall be exclusively appurtenant to the Special Lots as hereinafter specified in the table below.

SPECIAL LOT LIMITED COMMON AREA Block # Lot # Block # Lot #

1 16 1 31 1 17 1 32 1 18 1 33 1 19 1 34 1 20 1 35 1 21 1 36 1 22 1 37 1 23 1 38 1 24 1 39 1 25 1 40

1. A Limited Common Area shall be utilized solely as a garden. A Residence, or any part

thereof, shall not be constructed on a Limited Common Area or on any portion thereof. 2. A Limited Common Area shall not be consolidated with the Special Lot to which it is

appurtenant. A Limited Common Area can be consolidated only with another Limited Common Area; provided that, their respective appurtenant PHASE 11 Special Lots to which the Limited Common Areas are appurtenant are also consolidated in accordance with Article II-B(1); provided further that, the consolidated Limited Common Area shall be considered as a single Lot for the application of this Deed Restrictions.

3. A Limited Common Area shall not be subdivided. However, where two (2) or more Special

Lots are consolidated, and two (2) or more Limited Common Area appurtenant thereto are also consolidated, the consolidated Limited Common Area may be re-subdivided; provided that all of the following conditions are complied with:

a. The number of subdivided Limited Common Area is not more than the original

number of Limited Common Area prior to consolidation; b. None of the resulting Limited Common Area shall be smaller in area than the

smallest Limited Common Area before consolidation;

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c. Each Special Lot and its appurtenant Limited Common Area should share at least two (2) common property corners; and

d. The Property Line at the side of the resulting Limited Common Area (after

consolidation and subdivision) should be a straight line extension of the Property Line of the PHASE 11 Special Lot to which it is appurtenant to.

In all cases, the consolidation/subdivision plans shall be duly approved by the Declarant and the proper government office or agency.

4. An Enclosed Stand-alone Structure or Unenclosed Stand-alone Structure may be constructed

on a Limited Common Area; provided that, the construction of such structure shall be built in accordance with the following conditions.

a. Should an Enclosed Stand-alone Structure or Unenclosed Stand-alone Structure be

constructed on two (2) or more Limited Common Area, the Limited Common Area shall be consolidated prior to the start of any construction.

b. An Enclosed Stand-alone Structure such as, but not limited to, a tool shed or storage

space shall be allowed; provided that, the same does not exceed four (4) square meters in Gross Floor Area. A maximum of only two (2) Enclosed Stand-alone Structures shall be allowed on each Limited Common Area.

c. An Unenclosed Stand-alone Structure such as, but not limited to, a gazebo or trellis,

may be constructed on a Limited Common Area, subject to the approval by the Declarant or the Association of the design thereof; provided that:

i. the maximum height of the Unenclosed Stand-alone Structure shall be four

and a half (4) meters measured from the Original Ground Level of the Limited Common Area up to the highest point of the Unenclosed Stand-alone Structure;

ii. the Gross Floor Area of the Unenclosed Stand-alone Structure shall not

exceed twenty (20) square meters; iii. the Unenclosed Stand-alone Structure is of an ornamental character; iv. the Unenclosed Stand-alone Structure shall not be used for habitation; and v. the Unenclosed Stand-alone Structure shall be substantially finished with the

same material as the Residence constructed on the Special Lot to which the Limited Common Area is appurtenant.

5. A Deck is allowed to be constructed on Limited Common Area; provided that, any

construction thereof shall comply with Sections III-C-2. 6. The uses of the Limited Common Area are restricted to the following:

a. Gardening; b. Construction of a Deck; c. Construction of a Stand-alone Structure; and d. Construction of a pool or jacuzzi; provided that, the area of which shall not exceed

twenty (20) square meters. Uses other than the aforementioned shall not be allowed on a Limited Common Area.

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III. Buildings and Architecture A. Type of Materials The exterior of all Buildings shall be of a generally recognized residential type of architecture and shall be finished and painted as part of the structure at the time of construction. The exterior walls of a Residence shall be at least fifty-one (51%) percent brick, brick-veneer, stone veneer, concrete or other masonry type of construction. B. Cost of Dwelling Unit Minimum cost of construction of a Residence on any Residential Lot shall be Eight Million Philippine Pesos (Php8,000,000), subject to periodic adjustments made by the Declarant by written notice to the Owners. C. Building Height

1. Residential Lots

A Residence constructed on one (1) or more Residential Lots shall have a maximum building height of nine (9) meters measured vertically from the Highest Original Ground Level of the Residential Lot up to the highest point of the structure. (See Illustration III-C-1.)

Illustration III-C-1

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2. Limited Common Area

Any Enclosed Stand-alone Structure or Unenclosed Stand-alone Structure constructed on a Limited Common Area shall have a maximum building height of four and a half (4 1/2) meters measured vertically from the Highest Original Ground Level of the Limited Common Area up to the highest point of the structure. (See Illustration III-C-2.)

Illustration III-C-2

A Deck constructed on a Limited Common Area shall be built in accordance with the following height restrictions: a. The highest point of a stilt supporting Deck shall not exceed the level of the Highest

Original Ground Level of the Limited Common Area. b. Should a Deck be supported by a retaining wall, the design of the retaining wall shall

be in accordance with the Cutting and Filling restrictions prescribed herein under Section III-F.

D. Setback Areas

1. Residential Lots

A Residence or a Stand-alone Structure to be constructed on a Residential Lot must be constructed at a distance of not less than five (5) meters from the Property Line fronting a street, and at a distance of not less than two (2) meters from any other Property Line not fronting a street. (See Illustration III-D-1.) The Setback Area shall be measured as the clearance between the Property Line of the Lot and the outer skin of the nearest finished wall, column, window or protrusion.

Illustration III-D-1

Lot

LotLot

5.0

5.0

2.0

2.0

Lot

Lot

Lot

LotLot

2.02.0

5.0

2.0

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2. Limited Common Area

An Enclosed Stand-alone Structure or Unenclosed Stand-alone Structure must be constructed at a distance of not less than two (2) meters from any Property Line not abutting a street and not less than five (5) meters from the Property Line abutting a street. (See Illustration III-D-2.) The Setback Area shall be measured as the clearance between the Property Line of the Lot and the outer skin of the nearest finished wall, column, window or protrusion.

3. Outdoor Structures

a. Outdoor structures are allowed on Lots; provided that, such structures (i) shall be

located only along the sides of the Lot not fronting a street, (ii) shall not encroach the Setback Areas of Lots, and (iii) shall be constructed subject to the maximum building height requirements.

The foregoing restrictions apply to any outdoor, freestanding, permanent landscape structures such as pool cabanas, barbecue areas, trellises, gazebos, play equipment and the like, and elevated permanent structures appurtenant to a swimming pool such as diving boards or water slides.

b. However, in the case of the Limited Common Area appurtenant thereto, a covered

walkway is allowed to traverse across the common Property Line; provided that, the covered walkway is built as an Unenclosed Stand-alone Structure having a maximum width not exceeding four (4) meters and a height not exceeding four and a half (4) meters.

c. A Deck may be constructed on a Limited Common Area at a distance of not less than

two (2) meters from the Property Line on all sides of the Limited Common Area except that a Deck shall be allowed to traverse across the common Property Line of the Limited Common Area and the Special Lot to which it is appurtenant. (See Illustration III-D-3-c.)


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llustration III-D-3-c 4. Roofs and Eaves

Roofs or eaves for any structure constructed on a Residential Lot or Limited Common Area are allowed to project beyond the Setback Area of a Lot; provided that, the same shall not be within one (1) meter from the Property Line of the Lot not fronting a street and not within two (2) meters from the Property Line of the Lot fronting a street. (See Illustration III-D-4.)


5. Basements, Water Tank, and Other Structures

Basements, water tanks and other structures that are fully below-grade shall be allowed in Residential Lots only and are required to have a Setback Area of not less than two (2) meters from the Property Line on all sides of the Lot. A Basement that is partially above grade shall have a Setback Area not less than five (5) meters along the Property Line of a Lot fronting a street and two (2) meters along the Property Line of a Lot not fronting a street. (See Illustration III-D-5.)

Street

2..0 1.0

Property lineProperty line

Roof eaves

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E. Walls and Fences A prior written approval must be secured from the Declarant or the Association before the commencement of construction of any wall or fence. For this purpose, a complete set of plans and detailed construction drawings should be submitted to the Declarant and/or Association for approval within a reasonable period prior to the intended date of construction. The design of walls and gates should be in harmony with the overall design concept and consistent with the Design Guidelines. Any wall or fence or the construction thereof should not obstruct pedestrian traffic on the sidewalk. The construction of any wall or fence must conform to the following restrictions: 1. All walls or fences, whether see-through (e.g. grille fences, lattices, etc.) or non-see- through

(e.g. concrete, hollow block, etc.), constructed on or within a Residential Lot or Limited Common Area shall have a maximum height of two (2) meters measured from the top of the curb, if constructed on or along the boundary facing a street, and from the Original Ground Level, if constructed on or along the boundary not fronting a street. Fences on or along the boundary adjacent an Orchard Park however is required to be partly non-see-through (lower portion of the fence having a maximum height of 1.20 meters) and partly see-through (upper portion of the fence.) Total height of both see-through and non-see-through shall not exceed two (2) meters.

2. All fences shall be structurally sound. The Owner shall solely be responsible for any injury or

damage caused to or suffered by any person or property resulting from or in connection with the construction of the fence within such Owners Lot.

3. Fences shall be finished and constructed from durable materials. The use of barbed wire,

razor wire, nails, broken glass, or similar materials on top of or on any part of the fence shall not be allowed.

Street

5.0 2.0

2.0

Basement

Property line

Basements that arepartially aboveground have to be within setback limits

Basements that arefully below ground are to be setback at least 2 meterson all sides

Street

5.0

2.0

Basement

Property line

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4. A fence may be constructed on top of a retaining wall; provided that, the fence shall be no more than two (2) meters in height measured from the top of the retaining wall to the highest point of the fence. Fences constructed on top of a retaining wall on or along a boundary adjacent an Orchard Park, shall be see-through (e.g. grill fences, lattices, etc.) wherein total height of retaining wall and fence on top shall not exceed two (2) meters.

5. For Lot boundaries adjoining Common Areas, Orchard Parks, one (1) pedestrian gate per Lot

is allowed and shall have a maximum width clearance of one (1) meter. (See Illustration III-E-5.)

6. No pedestrian gate is allowed within a Special Ridge Lot along the Property Line fronting the

Special Planting Strip.

Illustration III-E-5

F. Vehicular Entrances and Driveways 1. Vehicular driveways shall have an aggregate width not exceeding seven (7) meters. 2. The Owner shall be responsible for providing driveways or walkways from the curb of the

street to the Property Line of the Lot.

Street

Sidewalk Elevation

Property LineDriveway

Sidewalk

Not Allowed

Street

Sidewalk Elevation

Property Line

Driveway

Sidewalk

Allowed

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3. All driveways outside the Property Line of a Lot shall be constructed of the same material, finish and elevation as the sidewalk. (See Illustration III-F-3.)

IllustrationIII-F-3

4. The Owner cannot alter any part of the sidewalk fronting a Lot other than for purposes of

constructing a driveway. 5. The Owner cannot alter any street trees, landscaping, lawn, manholes, utilities, lamp posts

and other facilities fronting his Lot. G. Parking The Owner of each Residential Lot shall provide within his Residential Lot space sufficiently usable to park a minimum of two (2) vehicles. A private parking space may or may not be enclosed and shall have minimum dimension of two and two-fifths (2.4) meters by five (5) meters for each vehicle. Parking shall not be allowed in Limited Common Area. H. Cutting and Filling All cuts and fills shall be contained using retaining walls, rip-rap or other slope protection measures approved in writing by a structural engineer and shall conform to the Design Guidelines prescribed herein. Cuts are allowed to abut Property Lines; provided that, the cut shall not exceed one and one half (1 1/2 ) meters below the Original Ground Level on the Property Line not fronting a street and two (2) meters below the Original Ground Level on the Property Line fronting a street. (See Illustration III-H-1.) No single retaining wall within a Lot or fronting a street, Lot or Common Area shall be higher than two (2) meters measured vertically from the adjacent ground line to the top of the retaining wall. Should there be a need to exceed the maximum height of two (2) meters, multiple retaining walls may be constructed; provided that, each retaining wall shall have the maximum height of not more than two (2) meters. A minimum clearance of one (1) meter between each retaining wall shall be maintained. (See Illustration III-H-2.) Retaining walls abutting the Property Lines of Lots adjoining an Orchard Park are allowed; provided that, the height is no higher than one (1) meter measured vertically from the adjacent ground line to the top of the retaining wall. Should there be a need to exceed the maximum height of one (1) meters, multiple retaining walls may be constructed; provided that, each retaining wall shall have the maximum height of one (1) meters. A minimum clearance of one (1) meter between each retaining wall shall be maintained. (See Illustration III-H-3.)

Driveway

Sidewalk

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Side

wal

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Prop

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Illustration III-H-1

Street, Lotor Common Area

RetainingWall

Property

2.0

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Property

Not Allowed

Original Ground Line

Street, Lot orOpen Space


Property

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Original Ground Line



1.0 m Setback

2.00

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Drainage outlets and other facilities are to be installed within a Lot to prevent water from flowing or seeping into adjacent Lots. All forms of cutting and filling are subject to the prior written approval of the Declarant or the Association. It shall be the responsibility of the Owner to determine the stability of the soil within the Lot prior to construction and to provide appropriate mitigating measures against any instability. All compaction, embankments, retaining walls, slope protection, or other engineering works necessary to protect the Lot and adjacent properties from the landslide, soil erosion, water seepage or other soil instability shall be the responsibility of the Owner. IV. UTILITIES A. Connection Guidelines 1. All utility lines shall be tapped to designated tapping points and discharge outlets. All

drainage flowing from the Lot should be collected and directed into the Village storm drain system and shall be consistent with the Surface Water/Storm Water Management System of the Village. Gutters, downspouts and drainage within the Lot and improvements thereon shall be located and installed in a manner that prevents water run-off and drainage from adversely affecting adjacent properties.

2. Each Owner shall be responsible for securing all utility services for his Dwelling Unit. The

Declarant and/or the Association make no representation regarding the quality and availability of service for any utility service rendered by third parties.

3. The Surface Water/Storm Water Management System shall be provided by the Declarant at

the boundary of each Lot. The Owner shall construct and maintain at his own expense the necessary drains and channels and pumps within the boundary of the Lot to intercept and convey storm water and sewage to the nearest sewer and drainage connection.

4. Owners shall not discharge storm water or sewage directly into the Common Areas.

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B. Utility-Specific Restrictions 1. Water Utilities

a. Owners shall provide adequate catch basins and/or area drains within their respective Lots to intercept storm run-off from the roof and open areas of their Lots prior to discharge into the drainage lines of the Village. These catch basins shall have a base of permeable surface (gravel or sand) to allow for the percolation of storm water into the soil for aquifer recharge.

b. Booster pumps are allowed; provided that, these are connected after the

Owners cistern.

2. Electricity: Power Generating Sets

a. The installation of any power generating set shall require prior written approval of the Declarant and/or the Association and shall comply with any noise level limit required by government regulations. A power generating set can only be used during power outages.

b. Power generating sets must be installed five (5) meters away from the

Property Line fronting a street and two (2) meters away from property line not fronting a street. A power generator set, in addition to other installation requirements prescribed by the manufacturer thereof, must be installed in a separate housing enclosure for the purpose of concealing the same from public view and minimizing any noxious and hazardous effects. Appropriate noise and fume abatement measures should be provided by the Owner. Each Owner shall be fully responsible for any incidents caused by the installation and/or use of a said power generating set within his Lot.

c. The noise level limit requirement for the operation of a power generating set

is seventy-five (75) decibels as prescribed by government regulations for residential areas.

3. Other Restrictions

a. Any electrical, telecommunications and other utility line should be installed and located underground. No air-conditioning equipment including fans, ventilators, cooling towers or similar devices shall be placed on the roof of the Building. The Association and each Owner shall allow public utility companies to conduct maintenance or development works required and cleared by the Declarant.

b. Electrical lines provided within The ORCHARD TERRACES at Ayala

Westgrove Heights (PHASE 11) are single-phase. Accordingly, no three (3)-phase appliances are allowed to be provided within a Lot.

c. Each Owner shall be responsible for securing and restoring tapping points for

all utility lines. d. Outdoor utility areas, laundry and service yards shall not be located along the

faade of the Dwelling Units. Where unavoidable to locate these areas along the faade, these should be properly concealed from public view using materials and designs approved by the Declarant and/or the Association.

C. Telecommunication Utilities Structures designed to be used as electrical or telecommunication connections are prohibited from being installed within the boundaries of the Lot. Exterior installation of satellite dishes exceeding twenty-four (24) inches in diameter shall require the prior written approval of the Declarant or the Association.

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D. Other Utilities

1. Poles, Posts and Similar Structures

Any structure intended to be used as an electrical or telecommunication connection is prohibited from being installed within the boundaries of the Lot. All utility lines and connections are to be located underground.

2. Solar Collector

A solar collector installed on a pitched roof must lie flat on the roof and be placed so that the edges are parallel and perpendicular to the roof ridge and edges. No part of the installation should be visible from the ridge line. Support brackets, collector frames and exposed pipes should be painted with the same color as the roof. Pipes, wires and control devices should be concealed. Collector frames should be placed in a manner such as to conceal these from public view. Collector frames located at the side of the Building or at the ground level should be harmoniously integrated with the Building or the topography.

V. Construction A. Construction Guidelines The Declarant and/or the Association may adopt construction guidelines pertaining to the construction of any Residence, Building or any other structure on or within any Lot, uncompleted construction work and abandoned structures, impose additional conditions in connection therewith and exercise the power to implement the same. Prior written approval must first be secured by the Owner from the Declarant or the Association prior to the commencement of any construction within the Lot. For the purpose of securing the prior written approval of the Declarant and/or the Association, a complete set of plans and detailed construction drawings should be submitted by the Owner or his representative to the Declarant and/or the Association at least thirty (30) calendar days prior to the intended date of commencement of construction. The design of the Residence, Building or any structure on or within a Lot must be in harmony with the overall design concept of the Village and must be consistent with the Design Guidelines. B. Soil Conditions Prior to the construction of a Building, or any outdoor structure such as a swimming pool, jacuzzi, spa, pond, retaining wall and the like on any Lot, the Owner shall conduct measures, including engaging the services of professional and specialty engineers, for the purpose of determining the site conditions of and within the Lot that may affect the design or structure of any proposed construction, which conditions include, but are not limited to, soil conditions, bearing capacity, soil stability, presence of expansive soils and the like, or the presence of water tables, aquifers and the like. It shall be the sole responsibility of the Owner to determine the suitability of the design or structural integrity of the Building, or any outdoor structure in relation to the soil conditions. C. Completion of Construction All construction commenced on the Lot shall be completed within a reasonable time after the start of construction thereof in accordance with the plans and specifications so approved by the Declarant and/or the Association. The Declarant and/or the Association shall have the right to inspect all such construction work at all reasonable times to ensure the compliance with such plans and specifications. The Declarant and/or Association may adopt construction guidelines pertaining to uncompleted construction and abandoned structures and impose additional conditions in connection therewith and exercise such other powers to implement the same. D. Construction Guarantee Deposit 1. A construction guarantee deposit in an amount to be determined by the Declarant or the Association shall be required to be posted by an Owner prior to the commencement of any construction work on a Lot for the purpose of securing any damage and/or injury that may be caused thereby to the other Lots in the Village or to the streets, utility easements or other properties of the Declarant or the Association or to third persons.

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2. The construction guarantee deposit will be discharged by the Declarant or the Association without interest and net of the amount of all damages, charges, penalties and dues upon: (a) the issuance by the appropriate government agency of a certificate of occupancy for the Building; and (b) the determination by the Declarant or the Association of the proper completion of the Building in accordance with the plans and specifications approved by the Declarant or Association and of the readiness of the Building for use and/or occupancy. 3. The construction guarantee deposit shall be payable in cash and shall initially be in the amount of One Hundred Thousand Philippine Pesos (Php100,000.00) subject to adjustment at the discretion of the Declarant or the Board. VI. Approval of Plan Designs for the Building including any eventual improvements thereon shall be subject to the review and approval of the Association and/or the Declarant prior to any construction or reconstruction on the Lot. For this purpose, the Owner shall submit to the Declarant or the Association the detailed plans and specifications for the Building for the evaluation and approval of the Declarant or the Association (as applicable) not later than thirty (30) days prior to the intended commencement date of construction. The Declarant or the Association, in approving the plans and specifications of the Building, makes no representation as to the suitability of design or structural integrity of the Building in relation to the soil conditions or requirements of the Owner. VII. Maintenance A. General Maintenance Each Owner shall keep his Lot, and all improvements thereon in good order and repair and free of debris and shall undertake such activities to keep the same maintained at all times, including, but not limited to, seeding or sodding, watering and mowing of lawns, pruning and cutting of all trees, shrubbery and painting or other appropriate external care of all Buildings and other improvements on the Lot, all in a manner and with such frequency as is consistent with good property management. In addition, the Owner shall keep and maintain the area between the Property Line of his Lot and the paved portion of the street adjacent thereto in good order and free of debris and litter, and shall cause the mowing of the grass, controlling the growth of weeds, pruning the trees and shrubs and otherwise maintaining such areas in a manner and with such frequency as is consistent with good property management. B. Tree Cutting No existing tree, whether found within or outside any Lot, shall be cut, moved, transferred or damaged without the prior written approval of the Declarant and the appropriate clearances from the relevant government agency. When the administration of the Common Areas shall have been turned over to the Association, such written approval shall be secured from the Association and the government agency concerned. The Association, with due prior notice from the Owner, may allow certain trees within the Lot to be cut or moved when such tree or trees pose or poses an obstruction to the construction of a Building on said Lot. In such a case, however, the Owner shall donate to the Declarant or the Association or any designated donee institution or agency, for replanting purposes, an equivalent of five (5) tree saplings of such species and size (as approved by the Declarant or the Association) for every tree to be cut or moved, which replacement ratio may be revised by the Declarant or the Association from time to time. C. Tree Planting Owners shall plant a minimum of three (3) trees within the Lot after completion of construction of a Residence. D. Grass Cutting Each Owner shall at all times keep the grass within his Lot cut and trimmed. If the Owner fails to comply with the demand of the Declarant or the Association to comply with this condition, the Association may, after five (5) days written notice, have the grass cut and trimmed to keep the Lot clean, and charging the costs and expenses incurred therefore, to the Owner.

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E. Private Security Guards and Domestic Help Each Owner who avails himself of the services of private security guards and/or domestic help, either permanently or for a limited period shall, prior to the engagement of said services or assumption of post, register with the Association, under a prescribed form, the names and other particulars of the security guard or guards and/or domestic help engaged to provide such service to the Owner. Each respective Owner is responsible and liable for the non-compliance by his security guard or guards or domestic help with the rules and regulations of the Association. An identification card must be presented by such security guard or guards or domestic help when entering the Village and in discharging their duties. The Association reserves the right to deny issuance of identification cards and entry into the Village of any security guard or domestic help with a criminal record or who is identified by the Association as a security risk. F. Garbage Garbage disposal bins or storage receptacles should, at all times, be concealed from public areas and public view and should be covered at all times. Additional screening material should be made of durable material. Garbage shall only be placed outside the Lot on the specified day of collection and at the specified collection point. No rubbish shall be stored or allowed to accumulate outside of the Lot. No waste material shall be burned on any Lot. The Declarant or the Association reserves the right to specify the type and kind of garbage disposal bin that shall be used by the Owners. G. Accumulation and Storage of Materials No personal property shall be stored or allowed to accumulate outside of the Lot. Clothes lines, piles of wood, construction materials and/or equipment must be concealed from public view. No accumulation of building materials, debris, weeds, trash, scrap, metal, old automobiles, non-operative vehicles, old house-hold appliances or other unsightly objects shall be permitted on or outside any Lot. H. Streets and Common Areas 1. Each Owner of a Lot which is located adjacent to a Common Area such as a park or sports facility acknowledges that he or she is fully aware of the Lots location relative to such Common Areas and accepts the same as is, including any potential hazard or nuisance that such a location may entail. Each Owner of such Lot hereby releases, discharges and agrees to hold the Declarant and the Association harmless against all claims, damages, liabilities and obligations regarding the use, design and location of the Common Areas. 2. The Declarant shall have perpetual and assignable right-of-way over all the roads and Common Areas within the Village. 3. Duly authorized hospitals or medical clinics and education, charitable, religious, civic or government institutions, if any, within or under contract with the Declarant or Association to provide service for or within the Village, shall be allowed to use the streets in the Village, leading to and from their respective places of operation for their patients, students, teachers, members, employees and guests. Said institutions may be assessed by the Association for special association dues and for the cost of maintenance of the streets and other services provided by the Association. 4. Stickers may be issued by the Declarant or the Association to, when applied for, by the Owners and other third parties, with a corresponding fee therefor, for the purpose of regulating the use and access to all subdivision roads within the Village. Other sticker classifications or entry permits for trucks, jeepneys, and the like may be issued at the discretion or and subject to the rules prescribed by the Declarant or the Association. 5. The Association can impose traffic regulations and penalties for violating such regulations. In addition to the applicable charges which may be filed against offenders and violators under relevant law or government regulation, traffic infractions and violations within the Village shall be subject to appropriate action by the Association in accordance with the applicable rules and regulations adopted by the Association. 6. Practice driving is strictly prohibited within the Village.

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7. No commercial vehicles, boats, trailers, mobile homes, trucks, or trailers used to store or transport any of these vehicles shall be permitted to be parked or stored on the street or Common Area nor on any vacant Lot in the Village. 8. No street may be used for long-term parking and/or washing or maintenance of any vehicle. Subject, however, to security measures and traffic regulations which are adopted by the Association, temporary parking of vehicles may be allowed on designated areas or Village roads. The Association reserves the right to remove vehicles violating parking regulations at the cost of the Owner. VIII. Resale of Lots and Dwelling Unit Each Owner shall be required to advise the Association of the sale of his Dwelling Unit and/or Lot or of the lease of his Dwelling Unit and/or Lot to another party within fifteen (15) days from the date of execution of the contract covering such sale or lease. IX. Approval of Declarant or Association The approval by the Declarant or the Association of any construction drawings, plans and other proposed constructions of an Owner on his Lot which requires the approval of the Declarant or the Association under this Deed Restrictions does not constitute a certification by the Declarant or the Association of the structural integrity of any constructed or installed on the Lot, such being the sole responsibility of Owner. X. Annexation Additional parcels of land or developments thereon, if any, whether or not such parcels or developments are contiguous to the Property, may be annexed by the Declarant to the parcels of land constituting the Village, from time to time and in the sole discretion of the Declarant without need for consent of the Association or the Owners. The Declarant shall effect such annexation by executing a supplement to this Deed Restrictions which shall: i. Describe the real property annexed and designate the permissible uses thereof; and ii. Adopt and set forth any new or modified restrictions or covenants which may be applicable to

such annexed property, and declare that such annexed property is held and shall be held, conveyed, encumbered, leased, rented, used, occupied or improved subject to the provisions of this Deed Restrictions. Upon the execution of such Supplemental Declaration, the annexed area shall become a part of the Village, as fully as if such area were originally part thereof.

XI. Membership in the Ayala South Association Each Owner acknowledges that the Declarant has represented at the time of development of the Village that it intends to form a federation of associations for Ayala South for the purpose of maintaining, administering, equipping, supplying and providing the common facilities, utilities and services for communities and developments forming part of Ayala South. As the Village is part of Ayala South, each Owner hereby gives his consent to the membership of the Association in such federation of associations for Ayala South and binds himself to cause the Association to pay all dues and assessments, duly imposed on the Association by said federation of associations for Ayala South, and to cause the Association to comply with the by-laws and such reasonable rules and regulations adopted by such federation of associations for Ayala South. XII. Maintenance Easement The Declarant and the Association shall have perpetual right-of-way and easement on every Lot for the purpose of maintaining the utilities and Common Areas and providing such other services to the Owners. The Declarant shall have a perpetual easement and right on, over, under and through the ground on all Lots and Common Areas within the Village to inspect, maintain and to correct drainage of surface water and adopt other erosion control measures. This easement includes the right to cut any trees, bushes or shrubbery, grade soil, or to take any other action reasonably necessary for health or safety or to comply with governmental requirements. The Declarant shall notify affected Owners in writing of any action prior to effecting the same (except in case of an emergency where such prior written notice shall not be required) and shall restore the affected property to its original condition as nearly as practicable. This easement may be exercised at the option of the Declarant and shall not be

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construed to obligate Declarant to take any affirmative action to correct any of the aforesaid conditions. XIII. Design Guidelines The Design Guidelines which is incorporated herein shall form an integral part of this Deed Restrictions. It is understood that the purpose of the Design Guidelines is not to produce stylistic conformity, but individual harmony among the Buildings in the Village through the common use of similar architectural proportions, elements and materials. XIV. Interpretation of Restrictions Where there appears to be a conflict in the interpretation of any of the provisions of this Deed Restrictions and the Design Guidelines, the most stringent interpretation shall be adopted. XV. Enforcement of Restrictions In the event of a violation or breach of any of these provisions of this Deed Restrictions, the Declarant and/or the Association shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent the violation or breach of any of them. The failure to enforce any right, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach. The Declarant or its corporate successors and their authorized representatives shall have the right during reasonable hours of the day and upon due notice, to enter and inspect any structure constructed on the Lot to ascertain compliance with restrictions herein. The Declarant and/or the Association or their respective corporate successors or authorized representatives reserves the right in case of any violation or breach of any of the foregoing restrictions to enter the Lot upon which or as to which such violation or breach exists, and to summarily abate and remove, at the expense of the Owner thereof, any structure, thing or condition that may be or exist thereon and the Declarant and/or Association or its corporate successors or authorized representatives shall not, by reason thereof, be deemed guilty of any manner of trespass for such entry, abatement or removal. Further, the Declarant and/or Association or its corporate successors or authorized representatives may enjoin, abate or remedy by appropriate legal proceedings, either in law or in equity, the continuances of any breach of this Deed Restrictions. The Association shall have the right to impose penalties on any violations against its rules and regulations in addition to the applicable conditions in the relevant sale agreements entered into by the Owners and the Declarant. The Association may suspend all voting rights, if any, all rights to use the Common Areas and all other rights or privileges of membership of any Owner for any period during which any assessment or other obligation remains unpaid, or during the period of any continuing violation of the provisions of this Deed Restrictions by such Owner after the occurrence thereof has been declared by the Association. Failure to enforce any provision of this Deed Restrictions shall not be deemed a waiver of the right to do so at any time thereafter. XVI. Period of Restrictions All the restrictions, easements, reservations, and conditions enumerated herein shall be valid and binding and shall run for a period of fifty (50) years from date of execution hereof. The Association, Board or other governing body of the Village may impose such restrictions other than those contained herein; provided that, such additional restrictions shall not in any way or manner diminish, amend or change the restrictions, covenants and conditions herein stated and; provided further that, the condition that the use and occupancy of the Lot for residential purposes by a single family shall not be revised, amended, or changed by the Association or by any governing body of the Village.

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IN WITNESS WHEREOF, the Declarant has caused this Deed to be executed this 7th day of July, 2008 at Makati City, Philippines.

AYALA LAND, INC.

Declarant

By:

(SGD.) (SGD.)

BERNARD OLMEDO DY JOSE JUAN Z. JUGO Attorney-in-Fact Attorney-in-Fact

Signed in the Presence of: (SGD.) (SGD.) CATLEYA LUIS MOYA KENDRICK G. ONG Republic of the Philippines) Makati City City ) S.S. I certify that on this date, before me, a notary public duly authorized in the city named above to take acknowledgements, personally appeared:

Competent Evidence Name of Identity Date/Place Issued Bernard Olmedo Dy. Drivers License # N20-88-001594 Jan. 17 2007 Jose Juan Z. Jugo Drivers License # N06-90-039451 Feb. 11 2008 who were identified by me through competent evidence of identity to be the same persons described in the foregoing instrument, who acknowledged before me that their respective signatures on the instrument were voluntarily affixed by them for the purposes stated therein, and who declared to me that they have executed the instrument as their free and voluntary act and deed and that they have the authority to sign on behalf of their principal. IN WITNESS WHEREOF, I hereunto set my hand and affix my notarial seal on the date and at the place above written. Doc. No. 195; Page No. 20; Book No. I; Series of 2008. (SGD.) JUNE VEE D. MONTECLARO Notary Public Makati City Appt. # M-262 until 12-31-2009; Attorneys Roll No. 43039 PTR # 0986199; 1-3-2008; Makati City IBP Lifetime Roll No. 739941 G/F Makati Stock Exchange Building Ayala Avenue, Makati City

Documents

AWH Ph 11 - Deed Restrictions