The Cliffside at Anvaya Cove

Deed of Restrictions, Covenants and Conditions

Located at Barangay Sabang, Morong, Bataan, The Cliffside at Anvaya Cove is being developed
as a high quality, exclusive, residential resort subdivision which shall be comprised of low-
density single detached houses, landscaped parks, tree-lined streets, and scenic open spaces. At
completion, The Cliffside at Anvaya Cove will form part of a pleasant and special community
which is Anvaya Cove, a leisure project where land uses and amenities complement and reinforce
one another within a socially cohesive and environmentally sensitive framework of development
that will forge family bonding memories through a unique natural experience where the
mountains meet the sea.

In furtherance of the plans for development, the developers of The Cliffside at Anvaya Cove
intend to sell and convey subdivision lots therein only to shareholders of leisure clubs to be
established by the Declarant within Anvaya Cove, subject to this Deed of Restrictions, Covenants
and Conditions. This Deed of Restrictions, Covenants and Conditions is intended to cause any
development within The Cliffside at Anvaya Cove to complement and draw attention to the rich
variety of rugged coastal, highland, and forested environment. Thus, in order to sustain over the
long term the high level of quality envisioned for Anvaya Cove in general, and The Cliffside at
Anvaya Cove in particular, this Deed of Restrictions, Covenants and Conditions are hereby
declared in order to:

• Safeguard every individual’s health, safety and welfare through establishing and sustaining a
safe, livable and pleasant community.
• Secure to each property owner the full benefit and enjoyment of his/her property with no
greater restriction than is necessary to ensure the same advantages to other owners.
• Assure residents that the intended land use and character of their neighborhood will be
preserved, protecting their right to access, ventilation, view, utility service and privacy.
• Maintain the high aesthetic standards that make The Cliffside at Anvaya Cove an attractive
and desirable place to live in.
• Allow property owners to create architecturally unified houses with unique interior spaces
and private gardens that reflect the natural coastal and highland elements, which adapt to the
tropical climate and is carefully integrated into the natural landscape of The Cliffside at
Anvaya Cove.
• Prevent nuisances and the deterioration of neighborhoods that inevitably follow a “let people
do whatever they want” philosophy of construction, maintenance, and property use.
• Protect property values by ensuring that only compatible developments and densities will be
located within the area.
• Preserve the exclusive character of the neighborhood and promote closeness among residents
by restricting ownership of lots within The Cliffside at Anvaya Cove to registered owners of
shares of stock in leisure clubs within Anvaya Cove
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Table of Contents
Page
Number
Introduction 1
The Declarant 4
The Village Association 4
The Anvaya Cove Association 4
The Design Review Committee 5

I. Definition of Terms 5
II. Conditions of Ownership, Use and Occupancy 7
III. Buildings and Architecture 9
A. Architectural Style 9
B. Type of Materials 9
C. Cost of Dwelling Unit 9
D. Building Height 9
E. Site Coverage 9
F. Setbacks 10
G. Basements & Other below grade 14
structures
H. Water Tanks 14
I. Roofing 14
J. Cutting and Filling 15
K. Parking 17
L. Antenna Tower/Satellite Dish 17
M. Fenestrations/Windows 17
N. Lighting 17
O. Poles, Posts & Similar Structures 17
P. Fences 17
Q. Guard Posts 18
R. Village Access 19
S. Vehicular Entrances, Driveways and
Access 19
T. Pedestrian Gate 20
U. Solar Collectors 20
IV. Landscape 20
A. Landscape Area 20
B. Maintenance 20
C. Sidewalk Planting 20
D. Recommended Plant Palette 20
V. Construction 20
A. Soil Conditions 20
B. Approval of Plans 20
C. Construction Works 21
D. Construction Guarantee Deposit 21
VI. Design Review Committee 21
A. Composition 21
B. Term 22
C. Powers & Functions 22
D. Meetings 22
E. Liability 23
VII. Utilities and Drainage 23
VIII. Power Generating Sets 23
IX. Maintenance 24
A. General Maintenance 24
B. Tree Cutting 24
C. Grass Cutting 24
D. Private Security Guards & Domestic Help 24
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E. Garbage 24
F. Accumulation & Storage of Materials 25
X. Streets and Common Areas 25
XI. Maintenance Easement 25
XII. Ownership, Resale Lease of Lots 26
A. Requirement for Ownership of Lots 26
B. Public Auction 26
XIII. Annexation 27
XIV. Other Developments at Anvaya Cove 27
XV. Enforcement of Restrictions 27
XVI. Failure to Enforce not a Waiver 28
XVII. Interpretation 28
XVIII. Separability 28
XIX. Amendments 28
XX. Period of Restrictions 29
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The Cliffside at Anvaya Cove

Deed of Restrictions, Covenants and Conditions

The Declarant

The Declarant is Ayala Land, Inc. which is the co-developer of a specific controlled real estate
development known as The Cliffside at Anvaya Cove located in Anvaya Cove, Barangay Sabang,
Morong, Bataan.

The Declarant, together with its co-developer, Subic Bay Development and Industrial Estate
Corporation, intends to sell and convey the subdivision lots within The Cliffside at Anvaya Cove
and to impose upon these lots mutually beneficial covenants and restrictions under a general plan
or scheme of development that enhances and preserves the unique balance of the built and natural
environment for the benefit of the owners and future owners thereof. The Declarant hereby
declares that all the subdivision lots within The Cliffside at Anvaya Cove are held and shall be
held, conveyed, hypothecated, or encumbered, leased, rented, used, occupied and improved,
subject to the covenants, conditions, and restrictions herein stated. 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 of Restrictions, Covenants and Conditions constitute an essential
consideration of the sale of the subdivision lots as shown in The Cliffside Subdivision Plan (see
Illustration I-A) and shall be annotated on their corresponding certificates of title as voluntary
liens and encumbrances.

Illustration I- A

The Village Association

Owners of subdivision lots or subsequent successors-in-interest are required to be, and are
automatically, members of the homeowners association to be established for The Cliffside at
Anvaya Cove and must abide by the rules and regulations laid down by the Village Association in
the interest of sanitation, security, aesthetics, environmental considerations and the general
welfare of the community. Without limiting the generality of the foregoing, the Village
Association shall perform the duties in relation to the enforcement of the restrictions set forth in
Articles II-I to II-Q, VII, VIII, IX, X, XI, and XII of this Deed of Restrictions. The Village
Association is authorized to make assessments to meet its expenses that will constitute a lien on
the property, junior only to liens of the government for taxes and voluntary mortgages for
sufficient consideration entered into in good faith.

The Anvaya Cove Association

Each organization of homeowners or locators of developments located within Anvaya Cove shall
 Page 5

automatically become members of the Anvaya Cove Association. The Anvaya Cove Association
will be responsible for the administration of shared amenities, roads and facilities of Anvaya
Cove and the over-all monitoring, control and compliance of the organization of homeowners and
locators and all organizations within Anvaya Cove with respect to, but not limited to, sanitation,
security, environmental considerations and the general welfare of the community. The Anvaya
Cove Association is authorized to make assessments to meet its expenses for the necessary
functions it has to perform.

Design Review Committee

A Design Review Committee shall be established by the Declarant pursuant to Article VI hereof
to ensure compliance of the construction of the Buildings and related structures and
improvements on the Lots and Common Areas with the applicable restrictions, covenants and
conditions of this Deed of Restrictions. Without limiting the generality of the foregoing, the
Design Review Committee shall perform the duties in relation to the enforcement of the
restrictions set forth in Articles II-A to II-H, III, IV, and V of this Deed of Restrictions. In
establishing the Design Review Committee, it is the objective of the Declarant to encourage the
creation of visually stimulating structural designs while evoking a unified and consistent
architectural style and character throughout the Village and Anvaya Cove in the manner
described in Article III-A.

ARTICLE I. DEFINITION OF TERMS

Anvaya Cove Association shall mean a non-stock, non-profit association to be constituted and
organized by the Declarant pursuant to the laws of the Republic of the Philippines, the
membership of which shall consist of the duly constituted associations or organizations of
homeowners or locators of developments within Anvaya Cove. Prior to the organization of the
Anvaya Cove Association, the rights and obligation of the Anvaya Cove Association as stated in
this Deed of Restrictions (including, where applicable, the grant of consents or approvals) shall be
exercised by and pertain to the Declarant.

Anvaya Cove Beach and Nature Club shall mean the membership club within Anvaya Cove
incorporated and organized by the Declarant and Subic Bay Development and Industrial Estate
Corporation for the amusement, entertainment, recreational and athletic activities of its members.

Basement shall mean the lowest portion of a Dwelling Unit that is either partly or entirely below
the Original Ground Level.

Building shall mean any structure, permanent or otherwise, including a Dwelling Unit.

Building Footprint shall mean the footprint of a Building measured from and including the
outermost horizontal projection of the Building up to and including the opposite outermost
projection of the Building on each side thereof.

Common Area shall mean an area of land shown on any recorded subdivision plan of the Property,
other than a Lot, which is intended to be used and enjoyed in common by the Owners (see
Illustration I-B). The term shall include, without limitation, any private road, drainage area,
easement for roads, landscaping, walkway, parking area, path and utility easements, and any
improvements now or hereafter constructed thereon such as, but not limited to, a street, lighting
system, signage, structure, and landscaping thereon, any Surface Water or Storm Water
Management System, and all personal property and real property, including easements and
licenses, leaseholds, or other real property interest, including any improvement thereon, to be
owned and maintained by the Village Association following its organization for the common use
and enjoyment of the members of the Village Association, their families, guests, and persons
occupying Dwelling Units on a guest or tenant basis, and to the extent authorized by this Deed of
Restrictions or the Village Association Board.

A Common Area may be classified as a “General Common Area,” being a Common Area
intended for the common use or benefit of all Lots and is necessary or convenient to the
existence, maintenance or safety of the Village; and a “Limited Common Area,” being a Common
Area intended for the exclusive use or benefit of one Lot or several similarly situated Lots to the
exclusion of all other Lots, and for which the Village Association may levy upon the Owners of
such Lots benefiting from such Limited Common Areas a special assessment in addition to the
dues that may charged by the Village Association upon the Owners of Lots.

Unless the context clearly indicates otherwise, the term “Common Areas” when used herein shall
refer to both General Common Areas and Limited Common Areas.
 Page 6

Illustration I- B

Declarant shall mean Ayala Land, Inc.

Declarant’s Assignee shall mean either the: (i) Village Association, or (ii) Design Review
Committee, which shall act as the successor-in-interest or assignee of the Declarant for purposes
of enforcing the restrictions, covenants, and conditions imposed by this Deed of Restrictions. No
entity shall be considered a successor-in-interest nor assignee of the Declarant unless said status
is evidenced by a written instrument executed by the Declarant appointing said entity as such.

Deed of Restrictions shall mean this Deed of Restrictions, Covenants, Conditions, and any
amendment and supplement hereto.

Design Review Committee shall mean the committee to be established by the Declarant pursuant to
Article VI hereof. Prior to the organization of the Design Review Committee, the rights and
obligations of the Design Review Committee as stated in this Deed of Restrictions (including,
where applicable, the grant of consents or approvals) shall be exercised by and pertain to the
Declarant in the manner and to the extent indicated herein.

Dwelling Unit shall mean a single family, detached, enclosed and permanent residential structure
which is intended to be used for habitation and containing facilities for living, sleeping, cooking
and eating.

Floor Area Ratio shall mean the ratio between the Gross Floor Area of a Building and the area of
the Lot on which it stands.
Gross Floor Area shall mean, with respect to a particular Building, the area encompassing the
entire perimeter of the Building, measured from the center-line of the outermost external wall of
said Building, including the main structure of the Building as well as all components thereof, the
ground floor and all floors below and above the ground floor of the Building.

Highest Original Ground Level shall mean, with respect to a particular Lot, the elevation of the
highest corner of the Lot independent of other adjacent Lots and/or areas as determined by the
Declarant or the Design Review Committee prior to the commencement of any construction on
the Lot by the Owner.

Lot shall mean any plot of land shown in the subdivision plan of the Village and designated as a
numbered subdivision lot for residential purposes or, as the context permits, a subdivision lot
resulting from the consolidation of two (2) or more Lots in accordance with Article II-A hereof.
The term shall exclude any Common Area owned by the Village Association.

Lowest Floor Level of the Building shall mean, with respect to a particular Building, the lowest
usable or habitable level of the Building as determined by the Declarant or the Design Review
Committee Assignee.
 Page 7

Original Ground Level shall mean, with respect to a particular Lot, the original elevation of a Lot
independent of other adjacent Lots and/or areas of the Village as determined by the Declarant or
the Design Review Committee prior to the commencement of any construction on the Lot by the
Owner.

Original Street Level shall mean, with respect to a particular Lot, the original elevation of the
corner of a Lot adjoining the street independent of other adjacent Lots and/or areas of the Village
as determined by the Declarant or the Design Review Committee prior to the commencement of
any construction on the Lot by the Owner.

Owner shall mean any property owner, co-owner, joint owner, mortgagee, lessee, tenant or
occupant of a Lot.

Property shall mean the land encompassed by the Village, including any land which is annexed by
the Declarant as part of the Village.

Residence shall mean, collectively, the Lot and the Dwelling Unit constructed thereon for which a
certificate of occupancy has been issued by the applicable governmental authorities.

Site Coverage shall mean the ratio of the Building Footprint in relation to the total Lot area
designated in terms of a percentage of the total Lot area.

Surface Water/Storm Water Management System shall mean and refer to a system which is
designed and constructed or implemented to control storm water 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 quantity and quality of discharges from the system, as
permitted pursuant to any and all applicable law or governmental regulation.

Village shall mean The Cliffside at Anvaya Cove.

Village Association shall mean the homeowners’ association for The Cliffside at Anvaya Cove, a
non-stock, non-profit organization to be constituted and organized under and pursuant to the laws
of the Republic of the Philippines, its successors and assigns. Prior to the organization of the
Village Association, the rights and obligations of the Village Association as stated in this Deed of
Restrictions (including, where applicable, the grant of consents or approvals) shall be exercised
by and pertain to the Declarant in the manner and to the extent indicated herein.

Village Association Board shall mean and refer to the Board of Directors of the Village
Association and its members as may be elected periodically.

ARTICLE II. CONDITIONS OF OWNERSHIP, USE AND OCCUPANCY

A. A Lot shall not be subdivided; however, two or more Lots may be consolidated and re-
subdivided into not more than the original number of Lots prior to consolidation,
provided that, none of the resulting Lots shall be smaller in area than the area of the
smallest Lot before consolidation. In all cases, the consolidation/subdivision plans shall
be duly approved by the Declarant or the Design Review Committee (as applicable) and
the proper government offices or agencies prior to consolidation/subdivision. In case one
Dwelling Unit will be constructed on two or more Lots, these Lots are to be consolidated
prior to construction, provided that, all these Lots shall be considered as a single Lot for
the application of this Deed of Restrictions.

B. Except for the Lot identified by the Declarant for temporary use as a showroom for
marketing purposes, all Lots shall be used exclusively for residential purposes. The term
“residential purposes” as used herein shall be held and construed to exclude hospitals,
clinics, duplex houses, apartment houses, schools, boarding houses, hotels, and
commercial and retail uses, all such uses being expressly prohibited.

C. Only one Dwelling Unit for a single family shall be constructed on a single Lot.
However, two or more Lots may be used for the construction of a single Dwelling Unit,
provided that, the Lots shall be consolidated in accordance with Article II-A, thereby
being considered a single Lot for the application of this Deed of Restrictions.

D. A greenhouse, gazebo, trellis, bathhouse, and the like may be built detached from the
Dwelling Unit subject to the approval by the Declarant or the Design Review Committee
 Page 8

(as applicable) 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
accordance with setback requirements. In the event that a greenhouse, gazebo, trellis,
bathroom or the like is constructed on a Lot, it shall be finished utilizing substantially the
same materials as the Dwelling Unit constructed on the same Lot.

E. 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 erection of the Dwelling Unit;
nor shall any structure of a temporary character be used as the Dwelling Unit.

F. Any Building to be constructed, erected or installed on a Lot shall be designed in such a

manner which will ensure that utility areas, such as laundry area, clothes-drying area,
outdoor kitchen and the like, shall not be visible from a Common Area or adjacent Lot
and shall be properly screened from public view at all times.
G. The construction, installation or utilization of a water well, deep well or artesian well
within a Lot shall not be allowed.

H. If a Dwelling Unit or Building located within a 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 within twelve (12) months from the date of occurrence of the disaster or
condemnation, or remove the damaged structure and clean the Lot of debris within six (6)
months from the date of occurrence of the disaster or condemnation.

I. No animals 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 Village
Association; provided that, where so allowed by the Village Association, dogs must be
confined to the premises of the Lot, except when under leash; and, 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. Each Owner shall be required to take all reasonable
measures to ensure that noise brought about by said Owner’s pet(s) is minimized. Injury
or harm inflicted by a pet will be the responsibility of the Owner. Regular vaccinations
of pet(s) and proper pet cleanliness are required of each Owner.

J. No Lot shall be used as a distribution point for commercial goods.

K. 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 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.

L. 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.

M. No activity shall be permitted to exist or operate on any Lot which may be or become
detrimental to the utilization by any Owner of his Lot or which may be or become an
annoyance or nuisance to residents in the Village.

N. 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 a
Lot.

O. Commercial or advertising signs shall not be placed, constructed or erected on a Lot. A

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

P. No weeds, underbrush or other unsightly growths 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.

Q. In the utilization and development of his Lot, each Owner shall give importance to
environmental management and preservation in accordance with the guidelines that will
be established by the Declarant and the Village Association for this purpose.
 Page 9

ARTICLE III. BUILDINGS AND ARCHITECTURE

A. Architectural Style

Each Building or Dwelling Unit to be constructed on a Lot shall be of a Tropical Asian

architecture and character. As used herein, “Tropical Asian architecture and character" shall
mean contemporary interpretation of traditional Asian residential and resort architectural forms
using locally available materials that are consistent with the context and principles associated
with the Southeast Asian region which would include the territories of the Indo-Chinese
Peninsula, the Philippines, the Indonesian archipelago, and the insular regions of Brunei,
Malaysia and Singapore.

Buildings or Dwelling Units which are not of a Tropical Asian architecture and character such as,
but not limited to, European architecture, American architecture, log cabins, Mediterranean-style
architecture, Chinese pagoda, minimalist-modern design, tree-house style architecture, and Swiss
chalets are not allowed to be constructed on a Lot. The Declarant or Design Review Committee
(as applicable) reserves the right to determine whether a specific design or architectural detail
conforms to the requirement under this Section III-A.

B. Type of Materials

Each Dwelling Unit should be made of sturdy materials and of such make and quality
characteristic of Tropical Asian architecture and character. All materials used for the
construction of the Dwelling Unit should be reasonably termite-proof and rust-proof to withstand
seaside humidity and salt content of the atmosphere. Use of local and natural materials is
encouraged.

Exterior finishes of the Dwelling Unit or Building shall consist in any of the following materials:
wood, stucco, concrete units, natural stone and other similar finishes, provided that, such
materials shall appear to be natural and not man-made. Exterior finishes should be of white and
earth tones (i.e., grey, green and brown), but subtle accent color is allowed. Other than for accent
purposes only, bright-colored exterior finishes may not be used. Exterior finishes on walls of a
Dwelling Unit or Building shall be limited to one or two materials.

C. Cost of Dwelling Unit

The minimum cost of construction of each Dwelling Unit to be constructed on a Lot shall be
Pesos: 3,500,000.00 subject to periodic adjustments as may be made by the Declarant by written
notice to the Owners.

D. Building Height

All Buildings shall not be higher than nine (9) meters measured vertically from the highest corner
on the property line up to the highest point of the structure as determined by the Declarant or the
Design Review Committee (as applicable). No part of the building shall be higher than fourteen
(14) meters measured vertically from the adjacent Original Ground Level (see Illustration III-
A).

Illustration III- A

E. Site Coverage

The Dwelling Unit and all Buildings within the Lot shall have a Site Coverage not exceeding
thirty five percent (35%).
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F. Setbacks

1. Dwelling Unit and Other Buildings

A Dwelling Unit or any Building, including garages, servants’ quarters and/or parts
thereof, within a Lot located at Block 1 of the Village other than the Lots adjacent to a
park access area identified under the last paragraph of this Section III-F(1), must be
constructed at a distance of not less than five (5) meters from the boundary of the Lot
fronting a street or a park, two and a half (2.5) meters on each boundary of the Lot which
is perpendicular to the boundary fronting a street or a park, and five (5) meters from the
rear boundary of the Lot parallel to the boundary of the Lot fronting a street or a park (see
Illustration III-B.1).

Illustration III-B.1: Setbacks for typical Block 1 Lots

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A Dwelling Unit or any Building, including garages, servants’ quarters and/or parts
thereof, within a Lot located at Blocks 2, 3, 4 and 5 of the Village other than the Lots
adjacent to a park access area identified in the immediately succeeding paragraph of this
Section III-F(1), must be constructed at a distance of not less than five (5) meters from
the boundary of the Lot fronting a street or a park, two and a half (2.5) meters on each
boundary of the Lot which is perpendicular to the boundary fronting a street or a park,
and two and a half (2.5) meters from the rear boundary of the Lot parallel to the boundary
of the Lot fronting a street or a park. (see Illustration III-B.2)

Illustration III-B.2: Setbacks for Typical Lots in Block 2, 3, 4 and 5

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A Dwelling Unit or Building, including garages, servants’ quarters and/or parts thereof,
located within a Lot adjacent to a park access area, in particular, Lots 14, 16 and 40 of
Block 1; Lots 1, 2, 3 and 5 of Block 2; Lots 21, 23, 24 and 26 of Block 3; Lots 8, 9, 12,
14, 17, 29 and 30 of Block 5, must be constructed at a distance of not less than two and a
half (2.5) meters from the boundary of the Lot fronting the park access area (see
Illustrations III-B.3.a, 3.b, 3.c, and 3.d). Setbacks on the remaining sides of the Lots
enumerated herein shall follow normal setbacks in the manner set forth in either the first
paragraph of this Section III-F(1), or the second paragraph hereof, as applicable.

Illustration III-B.3.a – Key Map of Lots with Special Park Access Setbacks

Illustration III-B.3.b: Special Setbacks for side of specific lots fronting a Park Access Area
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Illustration III-B.3.c: Special Setbacks for side of specific lots fronting a Park Access Area

Illustration III-B.3.d: Special Setbacks for side of specific lots fronting a Park Access Area

2. Ancillary Structures

a. Outdoor swimming pools, jacuzzis and the like are allowed only along
the sides of a Lot not directly fronting a street and shall not encroach on
the setback areas of the Lot. Swimming pools, jacuzzis and any elevated
permanent structure appurtenant to a swimming pool such as diving
boards or water slides shall not encroach on the setback areas and shall
not be more than one (1) storey in height.

b. Freestanding landscape structures such as pool cabanas, barbecue areas,

trellises, gazebos, play equipment and the like are not allowed to
encroach within the setback areas and shall not be more than one (1)
storey in height. Barbecue pits are not allowed flushed to the Building
line. Style, materials and colors of these structures are also required to
conform to Articles III-A and III-B.
 Page 14

3. Roofs and Eaves

Roofs or eaves may be allowed to project beyond the setback area of a Lot, provided that,
the roof or eave shall extend not more than 1.0 meter into the prescribed setback area (see
Illustration III-C). In the case of nipa or buri roofs, the roof or eave is not allowed to
extend into the prescribed setback area.

Illustration III-C
Allowable Roof or Eave projection to setback area for Typical Lots

G. Basements and Other Below-Grade Structures

Basements and other structures that are below grade are not allowed within the Lot.

H. Water Tanks

Subject to the prohibition under Article II-G, water tanks for storage of water may be erected
within the Lot upon obtaining prior written approval of the Declarant or the Design Review
Committee (as applicable). Overhead tanks are prohibited. Water tanks should be properly
screened from public view at all times.

I. Roofing

Only purely single-pitched roofs or single-pitched roofs combined with flat roofs are allowed.
Irregularly shaped roofs such as mansard or dome roofs are prohibited. Flat roofs must comprise
no more than thirty percent (30%) of the total roof area. Flat roofs must not be useable roof
decks. Except for the flat roof area, a roof pitch should not be greater than forty five (45) degrees
and not less than twenty five (25) degrees. (see Illustration III-D)

Illustration III- D
 Page 15

Roofing materials shall consist in non-reflective materials and shall be limited to any of the
following: asphalt shingles, wood shakers, ceramic tiles or materials with equivalent look. Nipa
and buri may be allowed for the main structures, but with the conditions that (1) provision should
be made for fire prevention and mitigation (e.g., automatic sprinkler system) and (2) its eaves
would not project into the setback area. Galvanized iron roof sheets are not allowed.

The colors of roofing materials shall be in earth tones (warm palette) in shades of grey, brown,
grey-brown, grey-green, and brown green. Reflective roof finishes are not allowed. Flat,
corrugated and ridge-type metal roofing are also not allowed.

J. Cutting and Filling

All cuts and fills shall be contained using retaining walls, rip-rap or other slope protection
measures approved in writing by the Declarant or Design Review Committee (as applicable).

Cuts are allowed to abut property lines, provided that, the cut shall not exceed one and two-tenths
(1.2) of a meter below the Original Ground Level of the property line. (see Illustration III-E)

No single retaining wall fronting a street, Lot or Common Area shall be higher than one and two-
tenths (1.2) of a meter measured vertically from the adjacent ground line to the top of the
retaining wall. (see Illustration III-E)

Drainage outlets and other facilities are to be installed to prevent water from flowing or seeping
into adjacent Lots.

All forms of cutting and filling are subject to the written approval of the Declarant or the Design
Review Committee (as applicable).

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 landslide, soil erosion, water seepage or
other soil instability shall be the responsibility of the Owner.

ALLOWED
Illustration III- E.1
 Page 16

NOT ALLOWED

Illustration III- E.2

ALLOWED

Illustration III- E.3

NOT ALLOWED

Illustration III- E.4

 Page 17

Illustration III- E.5

K. Parking

The Owner of each Lot shall provide within his Lot such space as is sufficiently usable to park a
minimum of two (2) vehicles. These private parking spaces may or may not be enclosed and each
shall have minimum dimensions of 2.8 meters by 5.0 meters. Enclosed/roofed parking shall not
encroach the setback areas. Tent structures are prohibited.

Boats and other watercrafts including, but not limited to, jet skis and speedboats should be stored
inside the Lot at all times, whether or not in an enclosed structure, and should not be parked along
the streets, sidewalks, vacant lots, and other Common Areas of the Village which are otherwise
not designated as common parking areas. Enclosures should always be architecturally treated and
should use the same type of material or finish as that of the Dwelling Unit.

L. Antenna Tower/Satellite Dish

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
Design Review Committee (as applicable). These structures should be screened from public view
at all times.

M. Fenestrations/Windows

The facade of the Dwelling Unit which is fronting a street should have fenestrations, windows or
openings on at least twenty percent (20%) of the surface of the facade. Earth tone colors for
window framing should be used.

N. Lighting

The facade of the Dwelling Unit or any Building within the Lot fronting a street must be treated
with architectural lighting. Indirect lighting should be used to minimize unnecessary glare. It
must also be of uniform color.

In order to minimize disturbance to turtle-nesting, lighting should not be directed or focused

towards the sea and should be properly treated to minimize unnecessary glare. Low lights for
outdoors and indirect lighting and/or blinds for indoors should be used.

O. 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 at least one (1) meter underground.

P. Fences

Prior written approval must be secured from the Declarant or Design Review Committee (as
applicable) before the commencement of construction of a fence. For this purpose, a complete set
of plans and detailed construction drawings should be submitted to the Declarant or Design
Review Committee (as applicable) for approval within a reasonable period prior to the intended
date of construction. A fence and the construction thereof should not obstruct pedestrian traffic
on the sidewalk.

The construction of a fence must conform to the following restrictions:

i. A fence constructed on each boundary of the Lot which is perpendicular to the

 Page 18

boundary fronting a street shall be limited to either: (a) porous fencing (see
Illustration III-F.1) with a maximum height of one and eight tenths (1.8) of a meter,
or (b) green buffer fencing (see Illustration II-F.2) with a maximum height of two
and a half (2.5) meters.

ii. Except as provided in Article III-P(i), only green buffer fencing with a maximum
height of two and a half (2.5) meters shall be allowed for all the boundaries of a Lot.

iii. Use of barbed wire or broken glass on any part of the fence on a Lot is not allowed.

iv. Solid walls for fences are not allowed.

v. A fence may be constructed on top of a retaining wall of a Lot, provided that, the
fence shall be no more than the relevant prescribed height under Articles III-P(i) and
III-P(ii) measured from the top of the retaining wall to the highest point of the fence.

vi. All fences that are to be constructed on a Lot must be structurally sound. The Owner
shall be solely responsible for any damage or injury caused to or incurred by any
person or property arising out of or in connection with the construction of a fence
within the Lot.

As used herein, (a) “porous fencing” shall mean translucid fencing similar but not limited to
chain-like mesh fences. It must be free standing or combined with stone or concrete curb base and
shall be covered with vines or other thick or full cover planting, and (b) “green buffer fencing”
shall mean the use of layers of shrubs, grasses and groundcovers to form a visual barrier.

Illustration III- F.1 Porous Fencing

Illustration III-F.2 Green Buffer Fencing

Q. Guard Posts

A security guard post for a Lot may be located along the perimeter of the Lot, provided that, this
Building shall have a maximum floor area of not exceeding three (3) square meters, and shall
have a height not exceeding three (3) meters measured from the Original Ground Level up to the
apex of the roof of the Building. It should be architecturally similar to the Dwelling Unit.
Security Guard posts are prohibited from encroaching any public areas, parks, and/or adjacent
Lots.
 Page 19

R. Village Access

No opening along the perimeter walls of the Village shall be allowed. No ingress or egress to and
from the Village through any area of the Village other than the duly constituted Village gates
shall be allowed.

S. Vehicular Entrances, Driveways and Access

1. Vehicular driveways shall have an aggregate width not exceeding six (6) meters.

2. Vehicular driveway gates should be designed in harmony with the overall design
concept set forth in Article III-A. The aggregate width of driveway gates must
not exceed six (6) meters and the height must not exceed one and eight-tenths
(1.8) of a meter. Arches for driveways are not allowed.

3. The Owner shall be responsible in providing driveways/walkways from the curb

of the street to the property line of the Lot. (see Illustration III-G.1)

Illustration III-G.1

4. All driveways outside the property line shall be constructed of the same
material, finish, and elevation as the sidewalk. (see Illustration III-G.2)

Illustration III-G.2

5. The Owner cannot alter any part of the sidewalk fronting his Lot other than for
purposes of constructing a driveway.
 Page 20

T. Pedestrian Gate

The installation of not more than one (1) pedestrian gate along a fence fronting a park is allowed;
provided that, the maximum width clearance of the pedestrian gate does not exceed one (1)
meter.

U. Solar Collectors

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 in the same color as the roof. Pipes, wires and control devices should be
concealed. Collector frames should be placed so that they are away from public view at all times.
Collector frames located at the side of a Building or at the ground level should be harmoniously
integrated with the Building or the topography of the Lot.

ARTICLE IV. LANDSCAPE

To enhance the over-all aesthetic and environmental quality of the Village, the landscaping of
each Lot must be consistent with the intent of the Declarant. To ensure this, the following
restrictions shall apply:

A. Landscape Area

The area to be utilized for landscaping on each Lot shall not be less than the resultant area (in
square meters) computed by deducting the area of the Building Footprint from the area of the Lot.
The landscape may consist in a combination of softscape and hardscape, provided that, the
softscape to hardscape ratio shall be 70:30.

As used herein, “softscape” shall refer to the use of natural landscape elements such as plants,
lawn, groundcover, and similar treatment, and “hardscape” shall refer to the use of man-made
landscape structures such as footpaths, decks, plant boxes, benches, gazebos, trellis, swimming
pools, jacuzzis, and the like, and shall include the garage driveway.

B. Maintenance

The landscaped area of a Lot should be properly and adequately maintained by the Owner.

C. Sidewalk planting

The Village Association shall maintain the landscaping of the planting strip or sidewalk of the
Village.

D. Recommended Plant Palette

Use of porous landscape detention and native plant species are encouraged in order to assist in the
conservation of water, minimize maintenance and support wildlife in the area. Planting shall be
congruent with the zonal landform where the Lot is located. Shade trees shall be utilized as much
as possible to create outdoor areas for eating and relaxing.

ARTICLE V. CONSTRUCTION

A. Soil Conditions

Prior to the construction of a Dwelling Unit or any Building on a Lot, the Owner shall conduct
such measures, including engaging the services of professional and specialty engineers, for the
purposes of determining the site conditions of and within the Lot that may affect the design or
structure of the Dwelling Unit or Building such as, but 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 Dwelling Unit or Building in relation to the soil
conditions.

B. Approval of Plans

Designs for the Dwelling Unit or Building, including any eventual structures or improvements
 Page 21

thereon, shall be subject to the review and approval of the Declarant or Design Review
Committee (as applicable) prior to any construction, renovation, or reconstruction on the Lot. For
this purpose, the Owner shall submit the detailed plans and specifications for the Dwelling Unit
or the Building for the evaluation and approval of the Declarant or the Design Review Committee
(as applicable) not later than thirty (30) days prior to the intended commencement date of
construction. The Declarant and Design Review Committee, in approving the plans and
specifications of the Building, make no representation as to the suitability of design or structural
integrity of the Dwelling Unit or Building in relation to the soil conditions or requirements of the
Owner.

C. Construction Works

All construction, renovation, alteration, excavation and related works commenced on a Lot shall
be completed within a reasonable time after the start thereof in accordance with the plans and
specifications approved by the Declarant or Design Review Committee (as applicable). The
Declarant and Design Review Committee shall have the right to inspect all such construction
work at reasonable times to ensure compliance with the approved plans and specifications and
this Deed of Restrictions. The Declarant and Design Review Committee 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.

The Owner shall, at his sole cost and expense, undertake the following in performing any
construction works on a Lot:

(i) Install temporary fencing and board-ups during construction using materials such
as colored roofing, bamboo, and painted plywood;

(ii) Regularly haul out of the construction site all waste materials such as, but not
limited to, construction debris or garbage, excess fill, or sewage effluent during
construction, provided that, in case of non-compliance, the Declarant or Village
Association (as applicable) shall have the right, but not the obligation, to effect
the collection of waste materials or the maintenance of cleanliness on the Lot
during construction at the expense of the Owner. In no instance shall waste
materials be dumped into the sea, water way, adjacent Lots, or Common Areas.

D. Construction Guarantee Deposit

A construction guarantee deposit shall be required to be posted by the Owner prior to the
commencement of any construction work on his Lot for the purpose of securing any loss or injury
that may be caused to third persons or other Lots, Common Areas, and properties of the
Declarant, Village Association and third persons. The construction guarantee deposit shall be
payable in cash and shall initially be in the amount of Pesos: One Hundred Thousand
(P100,000.00), subject to adjustment at the discretion of the Declarant or the Design Review
Committee (as applicable).

The construction guarantee deposit will be discharged by the Declarant or the Design Review
Committee (as applicable) without interest, net of the amount of all damages, penalties and dues
which the Owner shall be liable for, upon the issuance by the Declarant or the Design Review
Committee of the certificate of completion.

ARTICLE VI. DESIGN REVIEW COMMITTEE

A. Composition

The Design Review Committee shall consist of three (3) regular members who shall be appointed
by the Declarant. Of the three (3) regular members, at least one member shall be an Owner, and
at least one member shall be an architect duly licensed to practice architecture under Philippine
laws who is not an Owner (the “architect–member”). Except as provided hereunder, no other
qualification shall be required for membership in the Design Review Committee.

The Declarant shall appoint three (3) alternate members of the Design Review Committee, any
one of whom may be called upon to act in the place and stead of any member of the Design
Review Committee in the event of the latter’s temporary absence or temporary disability to
perform his functions as member thereof, provided that, there must be at least one (1) architect-
member in the Design Review Committee at all times.
 Page 22

The right to appoint and remove all regular members and alternate members of the Design
Review Committee shall vest solely in the Declarant, provided that, at any time during the
effectivity of this Deed of Restrictions, the Declarant may, at its sole option and discretion, waive
in writing such right in favor of the Village Association to be exercised by the latter in
accordance herewith.

B. Term

Each of the regular members of the Design Review Committee shall hold office until his
resignation, removal, or the appointment of his successor by the Declarant or, in the event of an
assignment of such right in accordance herewith, the Village Association.

C. Powers and Functions

The Design Review Committee shall have the following powers and functions:

i. Consider, review, evaluate, approve, or disapprove proposals, plans, drawings,

and specifications for all kinds of construction, renovation, or alteration of
Buildings, structures or improvements, including excavation and/or related
works, to be performed on the Lots and Common Areas, provided that, the
approval by the Design Review Committee of any proposals, plans, drawings,
or specifications for any work done or proposed, or in connection with any
other matter requiring the approval of the Design Review Committee under this
Deed of Restrictions, shall not be deemed to constitute a waiver of any right to
withhold approval as to any similar plan, drawing, specification or matter
whenever subsequently or additionally submitted for approval;

ii. Inspect the construction site and all Buildings, structures and improvements,
whether or not in the course of construction, within or outside the Lots for the
purpose of enforcing compliance with approved plans and specifications and this
Deed of Restrictions, enforce penalties in the event of non-compliance therewith,
and issue the certificate of completion of construction, to the extent and in the
manner indicated herein;

iii. Determine the amount of the construction guarantee deposit required under
Article V-D hereof, require its submission, and cause the discharge thereof in the
manner hereinafter set forth;

iv. Adopt rules and regulations not inconsistent with this Deed of Restrictions
governing procedures for meetings, submissions, review, evaluation, approval
and disapproval of proposals, plans, drawings and specifications, site inspection,
construction and design guidelines, and all matters necessary to effectively
perform their duties hereunder; and

v. Perform the duties in relation to the enforcement of the restrictions, covenants

and conditions of this Deed of Restrictions including, without limitation, Articles
II-A to II-H, III, IV, and V of this Deed of Restrictions and such other duties as
may be delegated to it from time to time by the Declarant or the Village
Association (as applicable);

provided that, prior to the establishment and organization of the Design Review Committee, the
foregoing powers and functions (including, where applicable, the grant of consents or approvals)
shall be exercised by and pertain to the Declarant in the manner and to the extent indicated herein.

D. Meetings

The Design Review Committee shall meet from time to time as necessary to properly perform its
duties hereunder. The vote or written consent of any two (2) members shall constitute an act by
the Design Review Committee, provided that, the vote or written consent of the architect-
member shall at all times be required for the approval of plans, drawings and specifications. The
Design Review Committee shall keep and maintain a record of all actions taken by the Design
Review Committee at such meetings or otherwise. The architect-member and the alternate
architect-member shall receive from the Declarant or Village Association (as applicable)
reasonable fees for professional services rendered. Unless authorized by the Declarant or Village
Association (as applicable), the other members of the Design Review Committee shall not receive
any compensation for services rendered. All members shall be entitled to reimbursement for
reasonable expenses incurred by them in connection with the performance of any of its functions.
 Page 23

E. Liability
Neither the Design Review Committee nor any member thereof shall be liable for any damage,
injury, loss or prejudice suffered or claimed by the Owner, Village Association, or third persons
on account of:

i. the approval of any proposals, plans, drawings and specifications, whether or not
defective;

ii. the construction or performance of any work, whether or not pursuant to

approved proposals, plans, drawings and specifications; or

iii. the development or manner of development of any property or structure within

the Village.

ARTICLE VII. UTILITIES AND DRAINAGE

A. Any electrical, telecommunication and other utility line should be placed at least one (1)
meter underground. No air-conditioning equipment including fans, ventilators, cooling
towers or similar devices shall be placed on the roof of a Building. Air-conditioning
equipment should be installed in such a manner as to screen it from public view. The
Village Association and each Owner shall allow public utility companies to conduct
maintenance or development works required and cleared by the Declarant or the Village
Association (as applicable).

B. Electrical lines provided within the Village are single-phased. Accordingly, no three (3)-
phase appliances are allowed to be provided within the Lot.

C. The Owner shall be responsible for securing and restoring tapping points for all utility
lines. All utility lines shall be tapped to designated tapping points and discharge outlets.

D. 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 which prevents water
run-off and drainage from adversely affecting adjacent properties. All sewers flowing
from the Lot should be collected and directed into the Village sewer collection system
and shall be consistent with the waste water management system adopted for the Village.

E. Each Owner shall be responsible for obtaining all utility service for his Residence. The
Declarant and Village Association make no representation regarding the quality and
availability of service for any utility service rendered by third parties.

ARTICLE VIII. POWER GENERATING SETS

A. Approvals and Government Regulation

The installation of any power generating sets shall require the prior written approval of the
Declarant or Village Association (as applicable) and shall comply with the noise level limit
prescribed by government regulation, which is currently at seventy-five (75) decibels measured
one (1) meter from any side of the exterior wall surface of the housing enclosure of the power
generating set. A power generating set may only be used during power outages.

B. Location and Other Abatements

A power generating set should be located at the back of the Lot in accordance with the prescribed
setbacks. A generating 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 claim, damage or action resulting from or caused by the
installation and/or use of a generating set within his Lot.
 Page 24

ARTICLE IX. MAINTENANCE

A. General Maintenance

Each Owner shall keep his Residence and all improvements thereon in good order and repair and
free of debris and shall undertake such activities as required or necessary to keep the same
maintained at all times including, but not limited to, seeding, watering and mowing of all lawns,
pruning and cutting of all trees and shrubbery, and the painting or other appropriate external care
of all Buildings and other improvements, 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 of 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

In line with the vision to protect the natural character of the site and carefully integrate the
development into the natural landscape, 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 or
Village Association (as applicable) and the appropriate clearances from the relevant government
agency.

The Declarant or Village Association (as applicable) may, with due prior notice from the Owner,
allow certain trees within the Lot to be cut or moved when such trees pose an obstruction to the
construction of a Dwelling Unit on said Lot. However, the Declarant or Village Association (as
applicable) reserve the right, in any event, not to allow cutting or moving of trees that are of the
Philippine Hardwood Species having more than half (0.5) of a meter caliper diameter measured a
third (0.3) of a meter from the base of the tree. Whenever the Declarant or Village Association
(as applicable) shall allow certain trees within the Lot to be cut or moved, the Owner shall donate
to the Village Association for replanting, at a location determined by the Declarant or Village
Association (as applicable), an equivalent of five (5) tree saplings of a species and size approved
by the Declarant or Village Association (as applicable) for every tree to be cut or moved, which
replacement ratio may be revised by the Declarant or Village Association (as applicable) from
time to time.

As used herein, “Philippine Hardwood Species” include narra, molave, dao, kamagong, ipil,
acacia, akle, apanit, banuyo, batikuling, betis, bolong-eta, kalantas, lanete, sangilo, supa, teak,
tindalo and manggis.

C. Grass Cutting

Each Owner shall at all times keep the grass within his Lot cut and trimmed. If the Owner fails to
comply with this condition, the Declarant or Village Association (as applicable) may after ten
(10) days’ written notice, have the grass cut and trimmed to keep the Lot clean, charging the costs
and expenses incurred therefor to the Owner.

D. 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 Village Association under a prescribed form, the names and
particulars of the security guard or domestic help engaged to provide such services to the Owner.
Each respective Owner is responsible and liable for the non-compliance by his security guard or
guards and domestic help with the rules and regulations of the Village 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 Village 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 has been identified by the Village Association as a security
risk.

E. Garbage

Garbage disposal bins or storage receptacles should, at all times, be concealed from public areas,
public view and adjacent properties 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.
 Page 25

No waste material shall be burned on any Lot. The Declarant and Village Association reserve the
right to specify the type and kind of garbage disposal bin that shall be used by the Owners, as
well as the manner and regulations for waste segregation, composting or disposal.

F. Accumulation and Storage of Materials

No personal property shall be stored or allowed to accumulate outside a Lot. Outdoor utility
areas, laundry areas, including clotheslines and service yards, shall not be located along the
property line fronting a Common Area. Further, clothes lines should be concealed from public
view using materials and designs approved by the Declarant or the Design Review Committee (as
applicable).

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.

ARTICLE X. STREETS AND COMMON AREAS

A. Each Owner of a Lot which is located adjacent to a Common Area such as parks or sports
facilities acknowledges that he is fully aware of the Lot’s 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 Village Association free and harmless against all claims,
damages, liabilities and obligations regarding the use, design and location of the
Common Areas.

B. The Declarant shall have perpetual and assignable right-of-way over all the streets and
Common Areas within the Village, whether or not the streets or Common Areas have
been turned over or conveyed to the Village Association for the latter’s maintenance.

C. Stickers may be issued to, as applied for, by Owners and 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
locators, constituents or members of other developments within Anvaya Cove may be
issued stickers at the discretion of, and subject to the rules and regulations prescribed by,
the Declarant and Village Association.

D. The Village Association shall formulate traffic rules and regulations to regulate traffic
and ensure vehicular and pedestrian safety and security within the Village and impose
penalties for traffic infractions or violations thereof in accordance with such rules and
regulations. These penalties shall be in addition to applicable charges which may be filed
against offenders and violators under relevant law or government regulations.

E. 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 any Common
Area or any vacant Lot in the Village.

F. No Common Areas or streets may be used for long-term parking and/or washing or
maintenance of any vehicle, boats, trailers or the like, unless specifically designated
therefore by the Village Association. Subject to security measures and traffic regulations
adopted by the Village Association, temporary parking of vehicles may be allowed on
designated areas or Village roads. The Village Association reserves the right to remove
vehicles violating parking regulations at the cost of the Owner.

ARTICLE XI. MAINTENANCE EASEMENT

The Declarant and Village Association shall have perpetual right-of-way and utilities easements
on every Lot and Common Area, whether above or underneath the surface thereof, for the
purpose of preserving and maintaining the utilities, facilities and amenities and ensuring the
continued and common enjoyment thereof by the Owners. For this purpose, each Owner shall
provide within his Lot an open space, whether above or underneath the surface thereof, for
purposes of easement for drainage, sewage, water and other public utilities and allow complete
and free access to such easements to the authorized representatives of the Declarant and Village
Association and, whenever authorized by the Declarant or Village Association, to authorized
representatives of appropriate government agencies or utility companies. The easements herein
 Page 26

granted shall include the right to inspect, maintain, and correct the drainage of surface water,
other erosion controls, repair utilities, cut trees, bushes or shrubbery, grade soil, or take any other
action reasonably necessary to preserve health, sanitation, and safety or to comply with
governmental requirements. The Declarant or Village Association (as applicable) shall give
prior notice to affected Owners and shall restore affected property to its original condition as
nearly as practicable, except in case of an emergency where such prior notice shall not be
required. This easement may be exercised at the option of the Declarant or Village Association
(as applicable) and shall not be construed to obligate the Declarant or Village Association to take
any affirmative action to correct conditions.

ARTICLE XII. OWNERSHIP, RESALE OR LEASE OF LOTS

A. Essential Requirement for Ownership of Lots

Ownership of at least one (1) share of stock in Anvaya Cove Beach and Nature Club (or any
membership club to be established by the Declarant within Anvaya Cove) is a pre-requisite to the
acquisition and maintenance of ownership of any Lot in the Village. The transfer of title to a Lot
in violation of this provision shall be null and void. This condition constitutes an essential
consideration of the sale of the Lots and shall be annotated on the transfer certificate of title
covering each Lot.

Each Owner shall be required to advise the Village Association of the sale, transfer, or lease of
his Lot or Residence to any person within five (5) days from: (i) the date of execution of the
contract covering such sale, transfer or lease, or (ii) the physical possession by the transferee or
lessee of the Lot or Residence, whichever is earlier, provided that, in case of a sale, transfer, lease
or other disposition of a Lot, the buyer, lessee, or transferee must be a registered owner of at least
one (1) share of stock in Anvaya Cove Beach and Nature Club or any membership club within
Anvaya Cove at the time the sale or transfer is effected.

B. Public Auction

Should an Owner cease to become a shareholder of Anvaya Cove Beach and Nature Club and any
other membership club within Anvaya Cove for any reason whatsoever, the Owner (hereinafter,
the “Selling Owner”) shall dispose of the Lot(s) registered in his name within thirty (30) days (the
“Selling Period”) from the date he ceases to become a shareholder and member of any club. In
the event that the Selling Owner fails or refuses to sell the Lot registered in his name within such
period, the Lot shall be disposed of in the following manner:

(i) Within ten (10) days following the expiry of the Selling Period, the Village
Association Board shall require the immediate surrender of the transfer
certificate of title covering the Lot and order the sale at auction of such Lot. For
this purpose, the Secretary of the Village Association shall send written notice of
such order to the existing Owners of Lots in the Village and owners of other
residential developments in Anvaya Cove who are registered shareholders in
Anvaya Cove Beach and Nature Club or any other membership club within
Anvaya Cove, indicating in such notice a specified date, time and venue of the
scheduled auction. A notice to that effect shall also be posted in the bulletin
board of the Village Association.

(ii) On the date and hour fixed, the Village Association Board shall proceed with the
auction by viva voce bidding and award the Lot to the highest qualified bidder.
The minimum bid of the Lot shall be reasonably determined and fixed by the
Village Association Board prior to the auction and shall be posted in the bulletin
board also prior to the auction.

(iii) The bid price shall be paid by the winning bidder to the Village Association
Board in full within twenty-four (24) hours after the bidding. The Deed of
Absolute Sale shall be executed by and between the Selling Owner and the
winning bidder who shall thereafter cause the transfer of the title to the Lot in his
name. The balance of the proceeds of the sale shall be paid to the Selling Owner
after settling all unpaid accounts due to the Village Association from such
Selling Owner.

(iv) If no bid is received, or the bids received to purchase the Lot is less than the
minimum price fixed by the Village Association Board, or if the winning bidder
fails to pay the amount of his bid in full within twenty-four (24) hours after the
bidding, the same auction procedures prescribed above shall be repeated from
 Page 27

time to time at the discretion of the Village Association Board until the Lot
offered for bidding is sold in accordance with such procedures.

(v) If the proceeds from the sale of the Lot are not sufficient to pay in full the
obligations due to the Village Association from the Selling Owner, then the
Selling Owner shall continue to be obligated to the Village Association for the
payment of such obligation until it is fully paid. If the Selling Owner fails or
refuses to surrender the transfer certificate of title to the Lot for cancellation, the
Village Association Board shall cause to be annotated on the Register of Deeds’
duplicate original of such transfer certificate of title the fact of the Lot being
ordered for sale at a public auction and such annotation shall constitute a lien
thereon until the sale at public auction has been completed in accordance with
Article XII-B(iii) hereof.

(vi) For the purpose of giving effect to the provisions of this Article XII-B, the
Village Association Board shall be deemed, as they are hereby constituted as, the
Selling Owner’s attorney-in-fact who is authorized to offer the Lot at public
auction, dispose of the same to the winning bidder, cause the annotation of the
notice of public auction on the Register of Deeds’ duplicate original of the
covering transfer certificate of title, and perform all the acts as may be necessary
or required under the circumstances for and on behalf of the Selling Owner.

ARTICLE XIII. ANNEXATION

A. Additional parcels of land or developments thereon, if any, whether or not such parcels or
developments are adjacent or contiguous to the Village, may be annexed to the Property
by the Declarant from time to time in its sole discretion, without need for obtaining the
consent of the Village Association or the Owners.

B. The Declarant shall effect such annexation by executing a Supplement to this Deed of
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 of Restrictions. Upon the
execution of such Supplement to this Deed of Restrictions, the annexed property
shall become a part of The Cliffside at Anvaya Cove, as fully as if such annexed
property was originally part thereof.

ARTICLE XIV. OTHER DEVELOPMENTS AT ANVAYA COVE

Each Owner hereby acknowledges that it has full knowledge of the land and other development
works and improvements actually being undertaken or which may be undertaken by the Declarant
or its assigns within or in the vicinity of the Property, including any development works within
Anvaya Cove. Each Owner, for himself or his successors and assigns, hereby holds the
Declarant, its successors and assigns, free and harmless from any claim, action, damage or
expense of whatsoever nature and kind which arises out of, or may be caused to, the Lot on
account of force majeure, or any inconvenience, discomfort, disturbance and/or nuisance due to
any development works and improvements being undertaken by the Declarant, its successors or
assigns.

ARTICLE XV. ENFORCEMENT OF RESTRICTIONS

The right and obligation to enforce the restrictions, covenants and conditions in this Deed of
Restrictions (including, where applicable, the grant of consents or approvals) shall be exercised
by and pertain to the Declarant prior to the organization of the Village Association and Design
Review Committee. Following their organization, the Village Association and Design Review
Committee shall have the right and obligation to enforce this Deed of Restrictions to the extent
indicated herein and in the written instrument executed by the Declarant appointing the Village
Association and Design Review Committee as its assignees.
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In the event of a violation or breach of any of this Deed of Restrictions, the Declarant and/or
Declarant’s Assignee, as applicable, 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 and/or Declarant’s Assignee, as applicable, and their respective 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 the
restrictions, covenants and conditions contained herein.

The Declarant and/or Declarant’s Assignee, as applicable, and their respective authorized
representatives reserve 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 any structure, thing or condition that exists thereon, or effect
rectifications as necessary, at the expense of the Owner thereof, and the Declarant and/or
Declarant’s Assignee, as applicable, and their respective 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 Declarant’s Assignee, and their respective 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 of Restrictions.

The Declarant, Village Association and Design Review Committee reserve 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 Village Association may suspend all voting rights, the rights to use the Common Areas, and
all other rights or privileges of membership to the Village Association of any Owner for any
period during which an assessment or other obligation to the Village Association remains unpaid,
or during the period of any continuing violation of the provisions of this Deed of Restrictions by
such Owner after the existence thereof has been declared by the Declarant, Village Association or
Design Review Committee.

The Declarant may be appointed by an Owner as proxy for official Village Association meetings,
assemblies and elections. A proxy held by the Declarant shall be valid unless the Owner: (i)
revokes such proxy in writing, and (ii) personally attends the general or special membership
meeting or assembly.

ARTICLE XVI. FAILURE TO ENFORCE NOT A WAIVER

Failure of the Declarant, Village Association or Design Review Committee to enforce any
provision of this Deed of Restrictions shall in no event be deemed to be a waiver of the right to
enforce such provision thereafter or any other covenant, condition or restriction.

ARTICLE XVII. INTERPRETATION

The language of this Declaration shall be construed according to its fair meaning. However, any
conflict in interpretation shall be resolved in favor of the more stringent interpretation in view of
the Declarant’s intention to develop Anvaya Cove, preserve and enhance its value as a planned
and controlled community as provided for in this Deed of Restrictions and made known to the
Owner and Village Association.

ARTICLE XVIII. SEPARABILITY

Should any provision contained in this Deed of Restrictions or any part hereof be declared invalid
or unconstitutional, the other provisions, in so far as they are separable, shall remain in full force
and effect.

ARTICLE XIX. AMENDMENTS

The provisions in this Deed of Restrictions may only be amended in whole or in part by the
Declarant with the concurrence of a majority of the Lot Owners. Any amendments made
pursuant to this section shall not prejudice vested rights of Owners who built on the Lots prior to
the registration of such amendment with the Register of Deeds.
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ARTICLE XX. PERIOD OF RESTRICTIONS

All the restrictions, easements, reservations, and conditions enumerated herein shall run with and
bind the Lots for a period of fifty (50) years from the date of incorporation of the Village
Association. Thereafter, this Deed of Restrictions shall be automatically extended for successive
periods of ten (10) years each, unless the Declarant with the concurrence of a majority of the Lot
Owners decide to terminate this Declaration by registering a written instrument with the
appropriate register of deeds within the last year of the current ten (10) year period.