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_______________ SUBDIVISION

<Location>

DEED OF RESTRICTIONS

I. HOMEOWNERS ASSOCIATION

A. The PURCHASER/BUYER of this lot, including successors-in-interest and other


members of the family shall automatically become a member of the <Name of
Association>, hereinafter called the ASSOCIATION. The
PURCHASER/BUYER agrees to abide by all rules and regulations promulgated
by the ASSOCIATION in the interest of sanitation, security and the general welfare
of the community, including the imposition of fees to fund such services. The
PURCHASER/BUYER can not withdraw his membership from the
ASSOCIATION unless he sells, assigns or transfers his interest in the land and
improvements thereon, if any. In such a case, however, the
PURCHASER’S/BUYER’S successor-in-interest shall be bound in the same
manner as the original PURCHASER/BUYER, by all the terms of this Deed.

B. The PURCHASER/BUYER agrees that his unsatisfied obligations in favor of the


ASSOCIATION shall constitute a lien on the property herein sold and/or any of
his interest therein, inferior only to the lien of the DEVELOPER on the same.

C. Absolute ownership of the facilities and utilities for street lighting, maintenance of
roads and drainage and such other facilities that may be put up for the promotion of
the general welfare, health, safety and morals of the members of the association, shall
continue to remain in the name of the DEVELOPER. The Homeowner’s
Association shall conduct the affairs and activities of the Association in conformity
of the ASSOCIATION rules and regulations, as well as these restrictions, and shall
manage and maintain the facilities before mentioned subject however to the control
and supervision of the DEVELOPER, it being expressly stipulated that the
imposition and adjustments of fees, charges, dues and assessments for water and
temporary electrical facilities, if any shall be the exclusive prerogative of the
DEVELOPER. The DEVELOPER, at its option, may in due time transfer, after
proper arrangements, ownership of the above-mentioned facilities to the Association
or any other judicial entity or agency of the government upon full payment of all
advances made to pay for security personnel, maintenance materials and workers, all
government permits and taxes and all other expenses to maintain the security and
maintenance of the subdivision like street lighting, maintenance of road, drainage
and other facilities.

II. USE OF LOTS

A. This lot shall be used exclusively for a single residential building as specified in
paragraph III a. It shall not be used for commercial purposes nor for immoral or
illegal trade activity.

B. This lot shall not be subdivided.

C. Residential lots are subject to an easement or setback from the property line to the
building in accordance with the National Building Code or PD 1096.
The easement is required for the purpose of drainage, sewage, water and other public
utility facilities as may be necessary and desirable, as well as for ventilation purposes.
The owner or occupant shall permit free access thereto by the authorized
representatives of the DEVELOPER and/or public utility entities for the purposes
for which the easement was created.

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D. The PURCHASER/BUYER agrees to admit in the premises representative/s of
the DEVELOPER to carry into effect the purposes for which the easement is
created, to inspect and relocate monuments and/or to admit representatives into the
facilities.

E. No part of any property or the roads/alleys/streets/sidewalks in the subdivision


shall be used or maintained neither as dumping sites for rubbish, garbage or other
materials or aggregates nor as parking lots for any kind of vehicle, equipment.

F. No commercial or advertising signs may be placed, constructed, erected or entered


on this lot or any property thereto without the prior written consent from the
DEVELOPER.

G. No animals like fighting cocks, cows, dogs, cats, horses or fowls shall be maintained
or kept on the lot except those kept as pets of the PURCHASER/BUYER. The
term “pets” includes domesticated dog, cat, birds, which are not in commercial
quantities.

H. The grass on this lot shall at all times be kept cut and trimmed to reduce fire hazards
to the property. For this purpose the DEVELOPER is permitted to cut and trim
the grass at any time, whenever such grass grows one (1) foot or above from the soil.
The PURCHASER/BUYER is obliged to pay the cost therefore amounting to
FIVE THOUSAND PESOS (P5,000.00) per lot. The word purchaser/buyer as
herein used shall include any person in whose name the certificate of title for the lot
has been issued or to a lot buyer or relatives, agents, caretakers or lessees and its
members who has been issued a contract to sell or are occupants of the
PURCHASER’S lot or house. The PURCHASER/BUYER shall pay
maintenance fee of FIVE HUNDRED PESOS (P500.00), Philippine Currency,
monthly which shall be incorporated into PURCHASER’S/ BUYER’S monthly
account, subject to change at the option of the DEVELOPER as the exigencies of
service may require.

I. No existing tree whether within or outside the lot, shall be cut, removed or damaged,
nor relocated or transferred without the written consent of the DEVELOPER and
the ASSOCIATION. Any proof of violation on this condition, the
PURCHASER/BUYER shall pay the amount of TEN THOUSAND PESOS
(P10,000.00) per tree.

Any trees planted by PURCHASER/BUYER which will damage or affect the


lighting, water, sanitary system, roads, drainage system sidewalks, curbs and gutters
located in front of their lot will be cut and removed by the
DEVELOPER/ASSOCIATION and all charges shall be for the account of the
PURCHASER/BUYER/occupant of the lot.

III. BUILDING AND ARCHITECTURES

A. The PURCHASER/BUYER should construct a residential unit within three (3)


years from the date of receipt of owner’s duplicate copy of title covering his
purchased property. Failure on the part of the PURCHASER/BUYER to comply
with the above-mentioned condition will give the DEVELOPER the option to buy-
back the property at the same price without interest. PURCHASER/BUYER/
occupants/successors-in-interest/assignee or existing owner of the lot are waiving
all their rights after the prescribed period of 3 years have lapsed and in case they will
file a complaint or a Temporary Restraining Order (TRO) to stop the said action of
the DEVELOPER to buy back said property will automatically be dismissed by the
court or any government agencies concerned, judicial body and HLURB. The
PURCHASER/BUYER including their successors-in-interest/heirs and
representatives/assignee shall waives all his/her/their rights.
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B. The PURCHASER/BUYER shall only be allowed to construct a single family
residential building the specification of which are as follows:

DESIGN : Non-combustible wall materials


ROOFING : Pre-painted roof sheets or roof tiles
HEIGHT : Maximum of 9.0 meters (29.52 Ft.) from ground to
Rooftop (subdivision road/street elevation)

In the event that height restriction is violated, the DEVELOPER/ASSOCIATION


has the legal right to stop the house construction and delivery of construction
materials to build the house shall not be allowed. All cost for all those structures
exceeding the height requirement shall be for the account and sole responsibility of
the PURCHASER/BUYER, successors-in-interest, assignee/representative or any
existing occupants or buyers not reported to developer.

C. The complete plans and specifications thereof together with the conditions duly
required in writing shall be duly approved by the DEVELOPER prior to
submission to the office of the building official. The approved building plans with
building permit must be submitted to the DEVELOPER at least thirty (30) days
prior to the start of the construction. Any construction commenced without prior
approval of the plans thereof by the DEVELOPER may be stopped and all
material for use in the construction thereof may be refused entry to the subdivision.
And PURCHASER/BUYER is waiving all his rights with regards to any matter or
claims against the DEVELOPER or the ASSOCIATION or its officers and
members, including security personnel and maintenance workers of the subdivision.

D. No house plan shall be approved unless the PURCHASER/BUYER shall have


first paid a construction deposit to the DEVELOPER in the sum of TWENTY
FIVE THOUSAND PESOS (P25,000.00), Philippines Currency. The amount of
the construction deposit may be increased or adjusted by the DEVELOPER at any
time, without prior notice. Said deposit shall be refunded to the
PURCHASER/BUYER after completion of the construction minus whatever
damage PURCHASER/BUYER may have caused to any of the subdivision
facilities and after all conditions set by the DEVELOPER shall have been
complied with by the PURCHASER/BUYER. In case of any violation hereof, the
construction deposit shall be forfeited without prejudice to any other legal action
the DEVELOPER or the ASSOCIATION may pursue against the
PURCHASER/BUYER. If the P25,000.00 construction bond or deposit is less
than the actual cost of damage, the PURCHASER/BUYER agrees to pay
whatever additional costs the DEVELOPER or the ASSOCIATION may incur
for the damages plus 4% monthly interest on any delays in securing permit until
fully paid by the PURCHASER/BUYER.

E. The City/Municipal Building permit must be acquired for the above mentioned
residential building immediately after the plans have been approved beforehand by
the DEVELOPER. No construction or fencing shall be started without this
permit. No building permit for the erection, reconstruction, improvement or
alteration of any existing building shall be secured unless the building plans,
sketches, or specifications thereof bears the written approval of the
DEVELOPER. All other requirements of the national or city/municipal
government and its agencies or of the pertinent board or instrumentalities of the
government in respect to the use of the lot and construction of improvements
thereon shall be complied with by the PURCHASER/BUYER provided that they
do not contravene with any of the covenants herein stated. In case any such
requirements set by the national or local government or any instrumentality thereof
directly contravene any of the covenants herein, the PURCHASER/BUYER must
first seek the prior written approval of the DEVELOPER before the
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PURCHASER/BUYER may take any appropriate action. The
PURCHASER/BUYER shall submit the building permit together with all the
plans prior to the construction of the house.

F. In the event the PURCHASER/BUYER constructs his house on the wrong lot,
the PURCHASER/BUYER shall immediately remove the said construction at his
expense. Otherwise, the DEVELOPER shall immediately remove the same at the
PURCHASER’S/BUYER’S expense, without the necessity of a court order and
without the corporation or its officers and employees incurring any criminal and /
or civil liability whatsoever. The PURCHASER/BUYER shall not store
construction materials like sand, gravel, cement, paint and any other construction
materials on roads, sidewalks or vacant lots
which might cause the normal flow of water at the drainage system, sidewalks, curbs
and gutters and roadways.

G. No temporary building, shack, barn or any other structures shall be erected on the
purchased lot. All buildings must be of strong materials, properly painted, finished
and of a type of architecture that is in harmony with the surrounding landscape and
homes in the subdivision as intended by the DEVELOPER. Before any structure
is erected, the PURCHASER /BUYER shall submit a building plan for approval
by DEVELOPER /ASSOCIATION.

H. The PURCHASER/BUYER shall not be allowed to mix concrete, construction


materials, sand and gravel, soil and cement directly on the subdivision’s concrete
roads, paved sidewalks, curbs and gutters. Any proof of violation of this condition
will give the right to DEVELOPER to charge for any damages and allowed the
DEVELOPER to deduct the amount of TWENTY THOUSAND PESOS
(P20,000.00) per violation from the construction deposit.

I. No soil, stones or gravel shall be taken from this parcel of land or from any other
lot belonging to the DEVELOPER or other lot owners.

IV. DRAINAGE AND WATER SYSTEM

A. The PURCHASER/BUYER, successors-in-interest, family members or any other


person shall have no authority to permit tapping into the water mains. Only the
DEVELOPER or the Water Company it contracted has the exclusive authority to
permit to tap into the water mains.

B. The DEVELOPER or the Water Company it contracted shall have exclusive


ownership and management of the water system and shall handle exclusively the
charging of water fees.

C. No lot PURCHASER is allowed to install water pump within his lot and this might
affect the flow of the water service to other PURCHASER/BUYER. Any
violation on this condition, the lot PURCHASER gives the right to
DEVELOPER and the ASSOCIATION to remove the pump or cut off the water
line connection. The lot PURCHASER/BUYER waives his right and cannot not
file any charges against DEVELOPER or the ASSOCIATION officers and
members. All costs incurred for the cutting of water line connection will be charged
to the PURCHASER/BUYER.

D. No lot owner shall be allowed to install any drainage outlet outside his property
without the prior written approval of the DEVELOPER. Any violation of this
condition shall give DEVELOPER the right to immediately close any
unauthorized drainage line.
E. No lot owner shall be allowed to install booster pumps or any other similar devices
to his connection to the subdivision water system. Violation hereof shall give the
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DEVELOPER or Water Company the right to immediately discontinue water
services to the purchaser and all costs incurred to disconnect water connection will
be charged to the PURCHASER/BUYER in the amount of TEN THOUSAND
PESOS (P10,000.00) to be added to the monthly billing statement.

F. The water meter is exclusively to be supplied and connected by the DEVELOPER


at the amount of TEN THOUSAND PESOS (P10,000.00).

V. SEWAGE, GARBAGE DISPOSAL AND OTHER FEES

A. Sewage disposal must be by means of adequate septic tanks, the plans for which are
subject to the DEVELOPER’S prior approval, to be built by the
PURCHASER/BUYER at his own expense.

B. From the time PURCHASER/BUYER commences construction of his house,


the PURCHASER agrees to pay a monthly garbage collection fee in the sum of
THREE HUNDRED PESOS (P300.00), Philippine Currency. This amount shall
be subject to adjustment at the option of the DEVELOPER/ASSOCIATION, as
the exigencies of the service may require. Any PURCHASER/BUYER who does
not pay on time when payment becomes due shall be charged one (1%) percent
monthly interest for any overdue amount.

C. No installation of any drainage line outside the lot shall be allowed without the
DEVELOPER’S prior written approval. All drainage pipes shall be connected to
the subdivision’s drainage system. Boring and tapping through the curb and gutter is
not allowed.

VI. WALL AND FENCES

The fence or wall shall not be more than two (2) meters in height from the sidewalk
level. No fencing shall be made prior to construction of one’s house or building.
Only iron grill fences will be allowed at the front portion of the lot facing any
subdivision road. Only hollow block materials are permitted at the rear and the two
sides of the lot.

VII. PERIMETER FENCE/WALL

The DEVELOPER shall retain exclusive ownership over the perimeter fence / wall of
the subdivision. If the purchaser’s lot is located along the outer perimeter fence/wall of the
subdivision, he shall not destroy, create any opening or in any way alter such perimeter
fence/wall without prior written consent of the DEVELOPER. Any violation of this
provision which causes damage to any other lot owner or affects the security of the
subdivision shall hold the PURCHASER liable to the DEVELOPER.
Any violation of subdivision perimeter fence to give way as entrance to the rear or side of
the lot purchase which is within the subdivision premises will be permanently closed and
all costs incurred to restore the perimeter fence of the subdivision will be charged to lot
owner or occupants of the house and a minimum of FIFTY THOUSAND PESOS
(P50,000.00) will be charged to the PURCHASER/BUYER for violation of this
condition.

VIII. VEHICULAR ENTRANCES

Any road or street leading to this lot which is not part of original subdivision plan will be
permanently closed by the DEVELOPER in the interests of good order, sanitation, and
security and for the general welfare of the community.

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IX. TERMS AND RESTRICTION

All the covenants, conditions and restrictions hereof have been constituted in favor of the
DEVELOPER and its assigns, and shall be construed as real covenants which shall
perpetually run with the land and bind the PURCHASER/BUYER of this lot and his
successors-in-interest as part of the DEVELOPER’S controlled subdivision scheme.

X. ENFORCEMENT OF RESTRICTION

A. Any or all the covenants, conditions, and restrictions hereof are enforceable by the
DEVELOPER and its assigns, including the ASSOCIATION when proper.

B. Any inaction, silence, delay or tolerance by the DEVELOPER, its assigns or the
ASSOCIATION in respect to violation of any of the covenants, conditions and
restrictions hereof committed by the PURCHASER/BUYER of this lot or by any
lot owner/s in the vicinity hereof shall not bar or stop the former PARTIES from
constituting any action to enforce the same.

C. The PURCHASER/BUYER hereby makes, manifest and represents that he has


investigated the property, subject matter of this contract, and that he has found no
squatter or adverse occupants whatsoever thereon and is fully satisfied with area,
terrain and contour of the lot, actual condition of the lot and the area in general.

D. The PURCHASER/BUYER or its family members, successors-in-interest and


household bind themselves and persons claiming title under him to comply with all
laws, ordinances and regulations regarding sanitation, safety and other orders which
the Department of Health or any other branch of the government, local or national,
may have promulgated or may after promulgated for the proper protection of the
public.

Whatsoever consideration or forbearance the DEVELOPER may concede to the


PURCHASER/NUYER not exacting strict compliance with any of the terms and
conditions of this Deed of Restrictions, as well as any other condition that the
DEVELOPER may give to the PURCHASER/BUYER with regard to the
obligations of the latter, shall not be interpreted as a renunciation of any right, cause
of action, or sanction herein granted unto the DEVELOPER by this DEED OF
RESTRICTIONS or any subsequent agreement the PARTIES have entered into.

E. The PURCHASER/BUYER agrees not to sell, cede, encumber, transfer, or in any


manner do any activity which will violate this Deed of Restrictions without prior
written approval of the DEVELOPER and until all stipulations of this Deed shall
be been fulfilled. The PURCHASER/BUYER occupants of the lot binds himself
not to alter, remove, displace or in any way interfere with any monument or other
evidence of boundary upon said premises, not to cut or destroy or in any other
manner cause any waste or damage to or upon said premises or to allow others the
commission of any of the aforesaid acts, without previous written approval from the
DEVELOPER.

F. The DEVELOPER/ASSOCIATION, without the need of any court order, shall


have the right to remove and/or demolish or cause the removal or demolition of any
structure built and constructed in violation of this Deed of Restrictions. The
BUYER/PURCHASER/occupants/lessees shall voluntarily submit and agree that
DEVELOPER shall not incur any liability whether civil or criminal for such
actions. Furthermore, BUYER/PURCHASER/occupants /lessees shall assume
and pay in full costs incurred for such removal/demolition. If ever the
PURCHASER/BUYER/lessee or any occupant of the purchased lot files any civil
or criminal complaint against the DEVELOPER, ASSOCIATION and its officers
and employees, the PURCHASER/BUYER, family member, successors-in-interest,
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lessee have agree to have the complaint they filed be dismissed by the court, HLURB
or any government agencies.

XI. IDENTITY AND ATTORNEY’S FEE

A. Should the DEVELOPER (or the Association in appropriate cases) is forced to


resort to a Court of Justice in order to enforce the foregoing covenants and/or to
protect its rights or redress of its grievances relative to the lot or the use thereof, the
PURCHASER/BUYER of this lot or his successor-in-interest is obliged to pay the
DEVELOPER, by way of Attorney’s fees, which in no case shall be less than
Twenty Five (25%) percent of the amount to be recovered which in no case shall be
less than TWENTY THOUSAND (P20,000.00), Philippine Currency, if filed with
the Metropolitan Trial Court of Makati and shall in no case should be less than
FORTY THOUSAND (P40,000.00), Philippine Currency, if filed with the Regional
Trial Court plus FIFTY THOUSAND (P50,000.00) if it reaches the Court of
Appeals plus another FIFTY THOUSAND (P50,000.00), Philippine Currency, if the
case goes to the Supreme Court from the Court of Appeals.

In addition, the PURCHASER/BUYER/lessees/occupants or any family


members and successors-in-interest shall also be liable for the costs and expenses of
litigation and any actual or consequential damages to which the DEVELOPER may
be entitled by law. Any case filed, if any, by the PURCHASER/BUYER should be
in Makati City and PURCHASER/BUYER /occupants/lessee will waive all his
rights.

B. It is further agreed that the venue of any court action that may arise from this Deed
of Restriction shall be exclusively filed with any Court of Makati City, the parties
having waived only other venue allowed by the law and the right to raise any
objection thereto.

XII. VALIDITY OF COVENANTS

The PURCHASER/BUYER is aware of the herein revision/amendment/


modification to the previous restrictions governing Edgar Ridge Subdivision, and
hereby acknowledges that he/she has read all the provisions hereof and declares that
he/she understands the same, together with all its legal significance, purpose and
binding effect.

In the event of invalidation of any one of the above covenants or restrictions or any
part thereof by written directive by the DEVELOPER, by a court order, or
judgment or by any law, ordinance or jurisprudence, the other provisions or portion
hereof not affected shall remain in full force and effect.

IN WITNESS WHEREOF, the said parties’ thereunto set their hands this _________
day of _______________, 2019, at ___________________.

_________ CORPORATION ______________________


Developer Buyer
By:

______________________
Authorized Representative

Signed in the presence of:

_______________________ ____________________
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ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


MAKATI CITY ) S.S.

BEFORE ME, A NOTARY PUBLIC for in the said City, this _____ day of
____________________, 2019, with their Identification details, written opposite their names
known to me and to me known to be the same person who executed the foregoing instrument and
they acknowledge before me that the same are their free and voluntary act and deed, as well as that
of the people they represent, for the uses and purposes therein set forth.

Competent Evidence of Identity Community Tax


Certificate
Type of ID ID Number and Number Date/Place
Name Expiry Date (if Issued
applicable)

This document consists of eight (8) pages including this page where the part of the
acknowledgment is written, signed by the parties and their witness and on pages 1, 2, 3, 4, 5, 6, and
7.

IN WITNESS WHEREOF, I have herein set my hand and seal on the date and at the
place first above written.

Doc. No.________;
Page No.________;
Book No._______;
Series of 2019.