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DEED OF RESTRICTIONS FOR LAGUNA BEL-AIR 3

Biñan, Laguna

I. THE LAGUNA BEL-AIR 3 HOMEOWNERS’ ASSOCIATION

1. There shall be organized at Laguna Bel-Air 3 (LBA 3) a non-stock


corporation called the Laguna Bel-Air 3 Homeowners’ Association (the “Association” for
brevity), whose members shall be composed of all homelot and house buyers and their
successors-in-interest. Every member must abide by the rules and regulations created by
the Association in the interest of sanitation, security, aesthetics and the general welfare of
the community. The Association is authorized to collect monthly dues from its members,
which will constitute as a lien on the property, but subordinate to liens of the government
for taxes and voluntary mortgages entered into in good faith.

II. RESERVATION OF DESIGNATED LOTS

1. Empire East Land Holdings, Inc. (the “Developer” of Laguna Bel-Air 3),
reserves the right to designate certain lots for the development of a park, and/or
construction or installation of community facilities, utilities, and other structures related
thereto, for common use and for the benefit of the Laguna Bel-Air 3 Homeowners. The
construction or installation of such structures shall be in harmony with the architectural
character of the surrounding homelots.

The Developer reserves the right to regulate the plants and/or trees to be planted
on the planting strip of the sidewalk outside the homelot. No tree outside the homelot
shall be cut, removed or damaged nor allowed to be relocated or transferred without prior
written approval of the Developer or its corporate successors. When all the homelots in
the subdivision shall have been sold, and all the streets, lanes and open spaces shall have
been transferred to the Association or to the proper government entity concerned, such
approval shall be secured from the Association.

III. THE HOMELOT

1. The homelot that refers to the parcel of land in the Laguna Bel-Air 3 sold
to the buyer shall be delivered to the Owner with the specified housing unit built thereon.

2. In case of sale or lease by the Owner of his homelot & house, he shall
notify the Association within fifteen (15) days from the date of execution of agreement
covering such sale or lease. The Owner shall not subdivide the homelot.

IV. THE USE OF HOMELOT

1. The homelot shall be used primarily for residential purposes. Commercial


activities shall not be allowed except the operation of a sari-sari or convenience store,
which shall be designated by the Developer only at certain points in the subdivision.
However, the predominant use of the homelot shall remain residential. For homelot
owners that fall on the designated points, the owner thereof may exercise his rights to
operate such store, after payment of an operating fee in such amounts as shall be
determined by the Developer. In installing and operating the store, the following rules
shall be observed:

a. The floor area of the store shall not exceed 6.0 square meters. A
minimum of 1.0 meter from the front property line shall be observed. The store may abut
a property line not fronting a street, provided that the Owner shall construct a firewall on
the property line affected by the construction. Should the store be built away from such
property line, a minimum setback of 2.0 meters from the property line shall be observed.
No building projections shall extend beyond the property lines.
b. Commercial or advertising signs shall not be allowed on the
exterior of the store or the house itself. Such signs shall include “House/Lot For Sale” or
“For Rent”.
c. The Developer or the Association reserves the right to limit the
type of merchandise, commodities or goods for sale to customers, the operating time of
such stores and number of workers in any commercial establishment.

2. The homelot shall not be used for any illegal or immoral trade or activity,
or any use that will disturb the peace and order of the neighborhood.

3. Only domestic pets like dogs and cats may be kept within the homelot.
The Developer or the Association reserves the right to regulate the maintenance of such
domestic pets and other animals within Laguna Bel-Air 3.

4. The Owner shall at all times keep the grass within the homelot cut and
trimmed. If the Owner fails to keep the grass within his homelot cut and trimmed within
seven (7) days from his/her receipt of a written notice from the Developer or Association,
the Developer or Association may have the grass cut and trimmed, and the homelot
cleaned at the expense of the Owner. For this purpose, the Developer or the Association
or its authorized representatives shall have the authority to enter the homelot.

V. THE HOUSING UNIT

1. The housing unit refers to the structures constructed on the homelot.


2. No residence costing less than Eight Hundred Fifty Thousand Pesos
(P850,000.00) shall be built on the lot subject to adjustment as shall be
determined by the Developer.

1.1 IMPROVEMENTS

1.1.1 The complete plans and specifications of all subsequent


improvements, and/or renovations of any housing unit including but not limited to the
installation of grill and the construction of eaves, carport and extensions, shall comply
with all existing laws, ordinances and/or restrictions governing the establishment of
residences and must be subject to the prior written approval of the Developer. The
Owner shall submit such plans and specifications to the Developer at least thirty (30)
days prior to the start of construction or installation.

1.1.2 Improvements must be in harmony with the architectural design


and ambience of the surrounding homes and landscape. The materials to be used for such
improvements must be strong materials, and shall be of the same or similar kind as those
of the original Housing Unit. Roofing materials shall be strictly asphalt roof shingles.

1.2 EXPANSION ON INTERIOR LOTS

1.2.1 Ground floor expansion for living space may abut only the rear
property line and one other property line not fronting a street; provided that the Owner
shall construct a firewall on the rear and side property lines affected by such expansion.
The Owner shall provide within the expansion area at the rear portion of the homelot an
open courtyard having a minimum dimension of 2.0 meters x 2.0 meters, bounded by at
least one (1) property line. There shall be a minimum setback of 2.0 meters from the
front property line and other property lines where there are no abutments. For lots
fronting the main road, the minimum front setback shall be 3.0 meters.

1.2.2 A carport may abut the front property line and the side line not
fronting a street, provided that the Owner shall construct a firewall on the side property
line. The roof shall not extend beyond the lines.

1.2.3 For homelots without a second level (Audrey Models) the


construction of a vertical expansion, such as an attic, a loft, a mezzanine, or a second
floor, shall be directly above the original and expanded ground floor living space as
specified in Article V-1.2.1 above. Such vertical expansion may abut only the rear
property line and one other property line not fronting a street; provided that the Owner
shall construct a firewall on the rear and side property lines affected by such expansion.
There shall be a minimum setback of 2.0 meters from the front property line and other
property lines where there are no abutments. The roof of such vertical expansion shall be
shingles, the same or similar material as that of the original roof of the homelot.

1.2.4 Galvanized Iron (G.I.) gutters of approved color, ‘S’ type, shall be
allowed. Stainless gutter is not allowed.

1.3 EXPANSION ON CORNER LOTS

1.3.1 Ground floor expansion for living space, may abut the rear
property line, and the side property line not fronting a street. Should the ground floor
expansion abut the rear property line and the side property line not fronting a street, the
Owner shall construct a firewall on such side property line. The highest point of the roof
of the ground floor expansion, abutting the side property line not fronting a Road Lot,
shall not exceed 8.90 meters from the original finish grade line. The Owner shall provide
within the expansion area at the rear portion of the homelot an open courtyard having a
minimum dimension of 2.0 meters x 2.0 meters, bounded by at least one (1) property line.
For corner lots along the main road, the minimum setback shall be 3.0 meters.

1.3.2 A carport may abut the front property line, and the side property
line not fronting a street, or the side property line fronting a road lot as carport entrance
and exit. Should the carport abut the side property line not fronting a street, the Owner
shall construct a firewall on such side property line. The roof of such carport may abut
the front and side property lines; provided that, such roof shall not extend beyond the
property lines.

1.3.3 Vertical expansion, such as attic, a loft, a mezzanine or a second


floor shall be directly above the original and expanded ground floor living space as
specified in Article V-1.3.1 above. Abutments on the side property line not fronting a
street shall be allowed; provided that a firewall shall be constructed. Abutments on the
rear property line not fronting a Road Lot shall not be allowed. There shall be a
minimum setback of 2.0 meters from the front, side and rear property lines where there
are no abutments. For corner lots along the main road, the minimum front setback shall
be 3.0 meters. The roof of such vertical expansion shall be shingles, the same material as
the original roof of the homelot.

1.3.4 The vertical expansion of the homelot shall be limited up to the


second floor only.

1.3.5 The setback shall be measured from the property line to the nearest
finished wall/window of the main building line column or any projection from such wall
or column. Where there are setbacks, the outside edge of the roof and/or eaves must not
be less than one (1.0) meter from the property line.

The expansion of the homelot shall be subject to the maximum site


occupancy requirements and the private open space requirements of the National
Building Code.

1.4 EXPANSION ON END LOTS (LOTS WHOSE REAR PROPERTY


LINE FRONT A ROAD LOT)

1.4.1 Ground floor expansion for living space may abut only the side
property line not fronting a road lot. The Owner shall construct firewall on that property
line affected by the expansion. The highest point of the roof of ground floor expansion
shall not exceed 8.90 meters from the finished grade line. There shall be a minimum
setback of 2.0 meters from the front and rear property lines. A carport may abut the front
property line. The roof of such carport however, shall not extend beyond the property
line.
1.4.2 The Construction of a vertical expansion, such as attic, a loft, a
mezzanine or a second floor shall be directly above the original and expanded ground
floor living space as specified in Article V-1.4.1 above. Abutments on the side property
line not fronting a street shall be allowed; provided that a firewall shall be constructed.
There shall be a minimum setback of 2.0 meters from the front, side and rear property
lines where there are no abutments. The roof of such expansion shall be shingles, of the
same or similar material as the original roof of the homelot.

VI. WALLS AND FENCES

1. The height of fence shall not exceed 1.50 meters from the original finish
grade line for the front, and 2.0 meters for side Lot boundaries fronting a street or alley,
2.0 meters for the rear and side Lot boundaries not fronting a street or alley, and 2.50
meters for Lot boundaries on the perimeter of the subdivision.

2. Steel grill, pre-cast concrete grill fence, and/or wooden picket fence shall
not exceed 1.50 meters from the original finish grade line for the front and 2.0 meters for
side homelot boundaries fronting a street or alley, and 2.0 meters for rear and side
homelot boundaries not fronting a street or alley. Should steel grill, pre-cast concrete
grill and/or wooden picket fence be installed on top of a solid concrete fence, the
combined height of such fence shall not exceed 1.50 meters for the front and side Lot
boundaries fronting a street or alley, 2.0 meters for rear and side Lot boundaries not
fronting a street or alley, and 2.5 meters for Lot boundaries on the perimeter of the
subdivision.

3. Fence using barbed wire, cyclone wire, mesh wire and/or broken glass
shall not be allowed. Other fence materials not consistent with Article VI-2 above shall
not be allowed.

4. The Owner of a Lot along the perimeter of the subdivision shall not be
allowed to make any opening on the perimeter wall as egress to or ingress from the other
side of the subdivision.

5. Windows, openings or apertures shall not be allowed on any wall or


firewall on the boundaries of the Lot.

6. Firewall construction shall be in accordance with the National Building


Code and the Fire Code of the Philippines.

VII. STREET REGULATION

1. The Developer, in coordination with the Association reserves the right to


regulate street parking to ensure free flow of traffic along the street and into the homelots.
Parking along alleys shall not be allowed.

2. Persons (i.e. patients, students, teachers, members, employees and guests)


connected with the duly authorized hospitals and medical clinics, educational, charitable,
religious, civic or political institutions, which may be established or located within the
subdivision shall be allowed to use the streets within the subdivision leading to and
coming from such respective places.

3. No vehicular entrance or exit shall be allowed along circular curves at


street intersections.

VIII. WATER SYSTEM

1. The Owner shall secure all the necessary permits prior to connection to
any utility line.
2. A booster pump directly connected to a water main shall not be allowed.
However, a booster pump may be installed to draw water from a ground storage tank of
adequate capacity, supplied by natural pressure from the water main. Approval of the
Developer is required prior to installation.

3. The height of an overhead water storage tank shall not exceed 7.0 meters,
measured from the original finish grade to the topmost portion of the tank. No overhead
water storage tank shall be allowed to be installed on the side of the lot fronting a roadlot.

4. No Owner shall be allowed to install any drainage line outside his property
line without the prior written approval of the Developer or its corporate successors.
Boring through the concrete curbs and gutters is not allowed.

IX. GARBAGE DISPOSAL

1. To preserve the cleanliness of the neighborhood and to ensure the safety of


the residents, the following rules shall be observed:

1.1.1 Burning garbage and other waste materials within the subdivision
is prohibited.

1.1.2 Garbage cans should not be placed outside the homelot. Such
garbage can must be kept within the homelot and should be placed outside the homelot
only upon collection or disposal of the garbage by the Association or any authorized
representative. Residents should avoid littering within the subdivision.

2. The Owner shall comply with all the regulations of the Association or the
municipality with regard to the cleanliness, safety and sanitation.

X. COUNTRY CLUB

The Association may put up a country club within the subdivision for the
exclusive use of homeowners and their immediate family members, subject to reasonable
membership fees for the maintenance and upgrading of the club’s facilities. The
Developer shall allot a space within the subdivision for this purpose, the value of which
shall be paid by the Association under such terms to be agreed upon by the Association
with the Developer.

XI. PERIOD OF RESTRICTION

All restrictions, easements, reservations and conditions enumerated herein


shall be valid and binding, and shall run with the land for a period of twenty five (25)
years from January 1, 2000. Upon full development of Laguna Bel-Air 3, such
restrictions may be added to, but not diminished, amended or changed, by the Association
or by any governing body of Laguna Bel-Air 3; provided that the use and occupancy of
the Lot and Housing Unit for residential purposes only shall not be changed.

XII. ENFORCEMENT OF THE RESTRICTIONS

1. The Developer and its corporate successors and their duly authorized
representatives and the Association shall have the right during reasonable hours of the
day and upon due notice to enter and inspect the homelot to ascertain compliance with
the restrictions herein.

2. Compliance and enforcement of the foregoing restrictions may be


enforced by court action by the Developer, its corporate successors and assigns, or by the
Association.

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