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0% found this document useful (0 votes)
268 views14 pages

Macea PDF

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Ar. Aiza
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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AMENDED CONSOLIDATED AND REVISED DEED RESTRICTIONS FOR AYALA NORTH, AYALA SOUTH, AYALA TRIANGLE, ROXAS TRIANGLE, ‘SALCEDO VILLAGE, LEGAZPI VILLAGE, BUENDIA EXTENSION, APARTMENT RIDGE (Ayala Avenue) AND APARTMENT RIDGE EXTENSION (Makati Avenue) (As amended on may 1U, 2011) The VENDOR hereby represents that various areas in Makati form part of a controlled real estate Gevelopment project wherein designated sections have been classified into commercial, administrative office, residential, and other areas dedicated to particular activities. (For purposes hereof, the term “VENDOR” shall refer collectively to Ayala Land, Inc. and any of is predecessors-in-interest.) The VENDOR furthor represents thal ils sales pulicy Is 10 alspose ot lo's in AYALA NORTH, AYALA SOUTH, AYALA TRIANGLE, ROXAS TRIANGLE, SALCEDO VILLAGE. LEGAZP! VILLAGE, BUENDIA EXTENSION, APARTMENT RIDGE (Ayala Avenue) and APARTMENT RIDGE EXTENSION (Makati Avenue) only to responsible persons and entities who are ready, able and willing to construct high~ise residential or office buildings, or buildings for special Purposes, within the property of the VENDOR according io the spirit and general pattern of development of the aforementioned areas. To atiain this desired end, the folowing restrictions, easements, reservations and limitations are agreed upon which shall form an essential part of the CONSIDERATION of this sale and shall be annotated on the Certificate of Title as voluntary liens and encumbrances on the property, namely ‘A. THE MAKATI COMMERCIAL ESTATE ASSOCIATION (MACEA) + The OWNER of this lot or his successor-in-interest is required to be and is automatically @ member of the MACEA, and must abide by the rules and regulations laid down by MACEA in the interest of security, maintenance, beautification and the general welfare of the area. The MACEA will also provide for and collect assessments which will constitute & lien on the lot, junior only to liens of the Government for taxes and to voluntary mortgages for sufficient consideration entered into in good felth. Schools, churches, cther religious institutions, and buildings for public use are exempted from the payment of such assessments. 2. Pursuant to Paragraph C-3, MACEA will administer a trust fund consisting of amounts collected in the form of development charges from owners of lots within the MACEA district. The trust fund will be used to finance improvements of facilities and utilities serving the Makati Central Business District including, but not limited to, parking, traffic, sewerage and drainage facilities. B. USE OF LOT 1. The ot cannot be subdivided for the period specified in the original dned ractratione. However, two or more lots may be used for a single building; provided that in such case, all the lots shall be considered as a single lot for the application of these Deed Restrictions. Amended Consolidated and Rovised Deed Restrictions 2 Likewise, two or more lots may be consolidated into a single lot which the OWNER may later re-subdivide into the original number of lots or less, provided that none of the resulting lots shell be smaller in area than either of the following: 4.4 The smallest ot before consolidation, or 1.2. The following “standard” lot szes: 4,200 sqm. Ayala North, Ayala South, Ayala Triangle, Roxas Triangle, Buendia Extension (Lote 30-A, 30-B, 20-C), ‘Apartment Ridge, Apartment Ridge Extension 800 sqm. Salcedo Village, Legazpi Village: and provided further that all such re-subdivisions (other than into the original components) shall be subject to the prior writtan approval of the VENDOR to ensure that each resulting lot shall have adequate access to a designated street or access road for Vehicular ingress and egress, whether directly or by grant of right-of-way, in accordance with the provisions of Paragraphs E-1 to E-8 below. 2 The lot shall be used only for the construction thereon of a building for high-rise residences, offices andior display rooms, and/or hotels for the use of the OWNER, iis tenants or lessees, as herein permitted. [LOCATION TAREA Ayala North... Ayala North, Lot 1, Ayala South LRG) Psd-29328 Ayala South, Lots 2-A-2-A and 2-A2-6, (LRO) Ps¢-2167%0. % Roxas Iriangle, Lots 1, [Link] 3, (LRC) Psd-26990, ae Roxas Triangle, Lot 4, (LRC) Psd-2695 Salcedo Vilage... usssseeesien Legazpi Village... Buendia Extension, Lots 30-A, 30-B and 30-C, (LRC) Psd-294054...... Apartment Ridge (Ayala Ave.) Apartment Ridge (Ayala Ave.) Lot 2, (URC) PoS-17670.0..:issinecesssscreee ‘Apaitinerit Ridge Extension (Makati Ave ) Apartment Ridge Extension (Makati Ave.), Lots 1-E and 1-F, (LRC) Psd-277514..... USE J ‘Office / Residential-Penthouse Office / Residential-Penthouse / Hotel Office / Residential-Penthouse Office / Residential-Penthouse / Hotel Office / Residential-Penthouse / Hotel Office / Residential-Pentnouse Office / Residential / Hotel Office / Residential Office / Residential Office / Residential-Penthouse Residential Residential / Hotel Reside Residential / Hotel / Embassy 021-2013 Amended Consolidated and Revised Deed Restrictions 3 In areas where more than one building use is permitted, a building may be constructed and dedicated to any or a combination of such uses. However, in cffice buildings where “Residential-Penthcuse” is permitted, residential use shall be limited to the uppermost ‘two floors of a multi-story building The boundaries of the above-listed areas are shown in the sketch olan hereto attached and made part hereof as Annex-1. As used in these Deed Restrictions, the terms “residential’, "o'fice’, ‘display room’, and “hotel” shall have the meanings respectively given to them in Annex-2, which is attached hereto and made part hereot, In the lots/blocks listed below, or in any other lacation which have been or which may be designated in writing by the VENDOR, buildings for educational or religous use, or for a Particular predetermined use designated at the time of sale by the VENDOR for the use of the OWNER, its tenants or lessees, may be allowed in lieu of residential, office or hotel huilings. The designation of a particular pro determined use by the VENDOR vainiul be modified by the OWNER without the prior written consent of the VENDOR. 2.1. In Ayala North, Block 4, (LRC) Psd-6132 and Plan (LRC) Pes-1332 along Paseo de Roxas and Makati Avenue 2.2. Ayala Triangle [(LRC) PCN-257] 2.3 Roxas Triangle [(LRC) Psd-26990] 24 In Salcedo Village. Block 17 2.6 In Legazpi Village, Blocks 29 and 50 3. None of the uses listed in B-2 above nor the term “predetermined use” is intended to include: 3.1. Industrial plants, factories and machine shops: 3.2. Retail shops or stores, with the exception that the following limited retail outlets may be allowed (but not the retaling of general merchandise): retail outlets which form part of predominantly wholesale establishments and carried on primarily for public relations and display of products; or specialty retail outlets in hotels primarily intended for the convenience of hotel guests, provided such outlets do not occusy more than 3% of the GROSS FLOOR AREA of the hotel building, ‘Subject to compiance with requirements of the VENDOR and/or MACEA (and the OWNER hereby acknowledges having been appraised of such requirements and having agreed to the same), test, repair, mounting or processing shops or departments for light Precision instruments, precious stones and metals may be maintained as an essential ‘element in the operation of wholesale establishments; provided that no disturbing noises 1 nuaivus QuOrs are produced thereby or emanate therefrom. 4. Only one building should be constructed on a single lot. However, @ separate structure dedicated exclusively to covered parking and/or to house machinery to service the essential functional requirements of the building may be constructed subject to approval by the VENDOR. 02-11-2013, Amended Consolidated and Revised Deed Restrictions 4 C. BUILDING AND ARCHITECTURE The VENDOR, in selling this end similar pieces of property, is motivated by the intention to Create an area of controlled development and specific appearance, viz: streets with rows of attractive bulldings, for the benefit of the community. For this purpose, the VENDOR reserves the exclusive right to determine whether building plans submitted by the OWNER are in confnrmity with'the VENDOR’ intontion ao herein expresseu, Ful ite guidance of the OWNER in the preparation of such buliding pians, certain fundamental restrictions are imposed, as follows: 4. MATERIALS All buildings and structures shall use first-class materials (e4g., reinforced concrete, structural steel, concrete hallow blocks, bricks, or their equivalent) with the intention of Permanency. The cost of the building should at least be equivalent to the original selling Price of the lot. Building density shall be controlled by setting a maximum Floor Area Ratio, For this Purpose, the term “Floor Area Ratio” is defined as the ratio between the Gross Floor Area of @ building and the area of tne fot on which it stands. The Gross Floor Area of any buliding should not exceed the prescribed Floor Area Ratio (FAR) multiplied by the lot area. The term "Gross Floor Area”is defined in Ann 2.1 The following are the permitted maximum Floor Area Ratios according to the location of the building and to the permitted building uses under Paragraph B-2: FLOOR AREA RATIO (FAR) LOCATION OFFICE RESIDENTIAL HOTEL MIXED USE ‘Ayala North 16.0 NAl NA 16.0 ‘Ayala North, Lot 1, (LRC) Psd-293128 16.0 Nat 16.0 16.0" Ayala South 16.0 Na’ NA 16.0" Ayala South, Lots 2-A-2-A and 2-A-2-B, (LRC) Psd-215710 16.0 Na’ 16.0 16.0! Ayala South, Lots 2-A-1-B and ZAC, bic Psd-30865 16.0 Nat 16.0 16.0" Roxas Trange, Lots 1, 2 and 3, (LRC) Psd-2690 16.0 Nal NA 16.0° Roxas Triangle, Lot 4, (LRC) Psd-28990" 16.0 16.0 16.0 16.0 Salcedo Village 8.0 16.0 NA Bet. 8.0 & 16.0" Legazpi Vilage 8.0 16.0 NA Bet. 6.0 & 16.0° Buendia Extension, Lots 30-A, 30-B and 30-C, (LRC) Psq-294054 12.0 Nat NA 12.0" Apartment Ridge (Ayala Ave.) NA 16.0 NA NA Apertment Ridye (Ayala Ave) Lot 2, (LRC) Pos-17879 NA 16.0 16.0 18.0 Apartment Ridge Extension (Makati Ave.) NA 16.0° NA NA Apartment Ridge Extension (Makati Ave.). Lots 1-E and 4-F, (LRC) Psd-277514 Nase 16.0° 16.0° 16.0%° Residential use permitted in these locations to the extent of Residential-Penthouse as defined in Peragraph B-2 above oir: Amended Consolidated and Revised Deed Restrictions 5 * The Ayala Triangle block and Roxas Triangle block [only Lot 4, (LRC) Psd-26000] shall each be treated as a Planned Unit Development (PUD) block, wherein the given FAR 16.0 shall be the maximum ratio between the aggregate Gross Floor Area ofall the bbulldings in the block and the land area of such black. °The computation of the specific maximum Floor Area Ratio in these cases is given in Poragraph 0-2-4 £ Subject to height limits in Paragraph C-4. ° May be used for Embassy with FAR of 8.0 “For mixed-use buildings with Embassy component on these lots, the computation of maximum Flor Area Ratio between 8.0 and 16.0 wil follow the process given in Paragraph C-2.4, 2.2 The OWNER of a lot which is not subject to maximum height limitations under its orginal Deed Restrictions is not bound by the Floor Area Ratio restrictions under Peragraph C-2.1. However, such OWNER must choose between: (j) vniuntarly Complying with the applicable Floor Area Ratio restrictions under Paragraph C-2.1 or (i) complying with the site coverage requirements prescribed under the original Deed Restrictions. 2.3 The permitted maximum Floor Area Ratio of a fot for 2 particular predetermined use designated by the VENDOR other than those specified under Paragraph C-2.1 above Should not exceed the Floor Area Retio derived from the maximum height and site ‘coverage limitations (if any) prescribed under the original Deed Restrictions. 2.4 A building with mixed office and residential uses shall be allowed in certain locations identified i Perayrapli B-2. ‘Tne maxmum Floor Afea Ratio of a building with mixed office and residential uses in some of these locations (indicated in Paragraph C-2.1) Shall be between 80 and 16.0 depending on the space allocated for office and residential use. In this case, the ellowable Gross Floor Area shall be determined as follows: 2.41 The MAXIMUM GROSS FLOOR AREA OF OFFICE SPACE shall be computed on the basis of 8.0 times the lot area: 242 The ACTUAL GROSS FLOOR AREA OF OFFICE SPACE shall be subtracted from and veiwiul exveed Ie MAXIMUM GROSS FLOOR AREA OF OFFICE SPACE (computed in Paragraph C-2.4.1), leaving a balance for residential use: 2.4.3 A one-hundred-percent (100%) increase shall be applied to this remaining balance (computed in Paragraph C-2.4.2) to arrive at the MAXIMUM GROSS FLOOR AREA OF RESIDENTIAL SPACE. For this purcose, any lobby or other common area not specifically dedicated to either office or residential use shall be allocated to such uses in proportion to their Gross Floor Area, 3. DEVELOPMENT cHaRcE For any building construction within the Gross Floor Area limits defined under Paragraphs 2.1 to C-2.4 above, but which will result in a Gross Floor Area exceeding cerlain Standards defined in Paragraphs C-3.1-C below, the OWNER shall pay MACEA. prior to the ‘start of construction of any new building or any expansion of an existing building, a DEVELOPMENT CHARGE as a contribution to a trust fund to be administered by MACEA, This trust fund shall be used to improve faciities and utiliies in the Makatt Central Business District 02411-2013 ‘Amended Consolidated and Revised Deed Restrictions 6 3.1 The amount of the development charge that shall be due from the OWNER shall be computed as follows: DEVELOPMENT CHARGE = A x(B-C-D) where: A~ | is equal to the Area Assessment which shall be set at Five Hundred Pesos (500,00) until December 31, 1990. Each January 1" ‘thereafter, such amount shall increase by ten percent (10%) over the Area Assessment charged in the immediately Preceding year, provided that, beginning 1995 and at the end of every successive five year period thereafter, the increase in the Area Assessment shall be reviewed and adjusted by the VENDOR to correspond to the accumulated increase in the construction Gost index during the immediately preceding five years as based on the woghted average of wholesale prine and wage indizec of tho National Osnoua aiid Slalivlcs omtce: and the Bureau of Labor Statistics. 8 ~ is equal to the total Gross Fioor Area of the completed or expanded building in square meters. C= Is equal to the estimated Gross Floor Aroa permitted under the original deed Testrictions, derived by multplying the lot area by the effective original FAR shown below for each location, Location tive Original EAR Ayala North/South 12.0 Avartment Ridge (Ayala Ave.) 12.0 Buendia Extension (Lots 30-A/8/C) 9.0 Salcedo Village (facng Buendia Extension) 60 Saicedo Village 5.0 Legazpi Village 45 Apartment Ridge Extension (Makati Ave.) 40 D= Is equal to any excess floor area on which a Development Charge has previously been assessed and collectes. 3.2 The payment of a development charge shall not justify nor cure any violation of the applicable Floor Area Ratio restrictions specified under Paragraph C-2.1 to C-2 4 for a building in any designated area. 33 Excess floor erea on which a Development Charge has previously been paid shall not be subject to further Development Charge assessment in the event of subsequent expansion of the building 4. BUILDING HEIGHT Amended Consolidated and Revised Deed Restrictions if 5.1 In AYALA NORTH and AYALA SOUTH, the sides of the building facing boundaries of adjoining properties or facing any street other than Valero and De La Rosa Streets and the arcade mars leading therets, must be conctructed flush with the property lines. The building footprint thus defined should rise to a minimum height of fifteen (15) meters. However, indentations may be permissible on the ground floor for the Purpose of making display windows more effective. in case of lots in these areas which face side streets, driveways to parking areas inside the property may be constructed through appropriate arcades. However, in Block 4, (LRC) Psd-6122 end Plen (LRC) Pcs-1332 long Paseo de Roxas and Makati Avenue, the OWNER may be allowed to set back his building from any boundary of the lot, provided that a minimum setback of two (2) meters from the camman haiinsries with adjoining proportioe io observed. The setback shiall Le Measured from the property line to the nearest projection of the building 5.2 inAVAUANTRIANGLE)| ROXAS TRIANGLE, SALCEDO VILLAGE, LEGAZPI VILLAGE, BUENDIA EXTENSION, APARTMENT RID APARTMENT RIDGE EXTENSION (MAKATI AVE), roperty line fronting 3 afid/or i ng ies. If the building will be built away from with adjoining properties, then in such case, a minimum setback of two (2) meters. from the property line must be observed. The setback shall be measured from the Property line to the nearest oroiection of the building, 84 All buildings must comply with the maximum site occupancy requirements of the National Building Code. 6. FOUNDATIONS 61 In AYALA NORTH, AYALA SOUTH, AYALA TRIANGLE and ROXAS TRIANGLE the foundations or footings of a building on the side fronting Ayala Avenue, Paseo de Roxas or any other street where the facade of the building coincides with the property line, shall not be allowed to project beyond fifty-five (56) centimeters outside the property line. Such allowable projections outside the property shall, however, be at the building OWNER’ risk and shall inno Way vest he OWNER with the ownership, or night to the use and occupanoy of the ground and space projected upon 62 In SALCEDO VILLAGE, LEGAZPI VILLAGE, BUENDIA EXTENSION. APARTMEN! KIUGE (AYALA AVE.) AND APARTMENT RIDGE EXTENSION (MAKATI AVE.), the foundations or footings of a building on the side where the fagade of the building coincides with the property line, shall not be allowed to project beyond the property line. 6.3 Foundations or footings ot a building in any area which are clsse to a creek, drainage canal or existing culvert shall not be less than two (2) meters deep, and shall be at least two (2) meters away from the creek, drainage canal or culvert. 02414-2013, Amended Consolidated and Revised Deed Restrictions 8 ‘eaves, canepico, casings, or any aiviiteclural UF structural features exist, the extreme outer edge of the seme shall be considered as the building line, ur 9€ allo permanent in nature or be Gonsidered an appropriation of the air space so as to serve as a basis for prescription. Such porte cochere or covered walks shall be removed by the OWNER if and when the same shall stand in the way of street widening, installation or repair of utlities Underneath the sidewalk nr any similar improvemente, 8. SUBMISSION OF BUILDING PLANS In general, all building plans and plans for adcitions or external modifications of any building shall frst be submitted for the approval of the VENDOR before any construction §s made on the property. And such plans, pertinent specifications, and construction metods shall be subject to the restrictions herein provided and to the National Bulding Code requirements, rules and regulations, and other applicable government regulations. 10. PUBLIC UTILITIES EASEMENT The building shall be subject to a permanent easement in faunr af duly authorized publio lity oF service entities, theit successors and assigns, for the installation of electric poles 2nd metal alley arms and all the accessories and appurtenances connected therewith for the exclusive purpose of carrying utilty ines (electric, telephone, etc.) including free eccess for repairs, inspections and all other acts necessary to pubic safety and reservation of the utiity lines. Interior parking must be provided within the Ict. To this end, the OWNER of the lot must Comply with the following parking requirements: 1. Number of Slots: FOR RESIDENTIAL AND OFFICE BUILDINGS: At least 1.00 parking slot for every 100 Square meters of Gross Floor Area. 2 oe Restaurants, Coffee Shops, Ballroom, Miscellaneous Food Shops: At least 1.00 parkina slot for every 16 ogm. of scatiny ave. Meeting Rooms: At least 1.00 parking slct for evary 80 sqm. of gross floor area. Health Club: At least 1.00 parking slot for every 25 sqm. of gross floor area Amended Consolidated and Revised Deed Restrictions 9 FOR PLANNED UNIT DEVELOPMENT BLOCKS with three (3) or more permitted building uses, the parking requirements specified in this Paragraph D-1 may be agjusted by the VENDOR to take into account the timing differences in the parking needs of the individual uece, sidewalk) parking slots which are directly accessed from the street without entering an intemal driveway shall not be permitted Parcing buildings and ctructures, pediume or bovomente used for parking, may be constructed flush with the property line up to the maximum lot area allowed under the National Building Code. Loading and unioading platforms, if any, must have a minimum setback of ten (10) meters from any street. Ramps to parking structures are excluded from this requirement. 1 In AYALA NORTH and AYALA SOUTH, vehicuiar entrances shall not be allowed on the side of the property facina Avala Avenue and Pasan de Royas However, in Block 4, (LRC) Psd-6132 and Plan (LRC) Pes-1332 along Paseo de Roxas and Makati Avenue, Vehicular entrances (but not exits) may be allowed on the side of the lot facing Paseo de Roxas or Makati Avenue. Vehicular exits of buildings in AYALA NORTH and AYALA ‘SOUTH in every case must always be along a side street, the access road within each block, De La Rosa Street, or Valero Street In ROXAS TRIANGLE, a lot facing Buendia Avenue may have its vehicular entrance (but ot ext) on the Side of the lot facing Buendia Avenue, but the exit must always be along an access road within Roxas Trangle, or along Makati Avenue or Paseo de Roxas. In SALCEDO VILLAGE and LEGAZPI VILLAGE, vehicular entrances may be allowed along @ principal street or service road, but exits must always be along a service road. However, @ lot in these Vilages which faces a princival street but does not have a ‘rontage along a service road may have vehicular exit along a principal street, provided the lack of access to @ service road is not due to a consolidation and resubdivision of lots, Vehicular entrances from and exits to Buendia Avenue shall not be allowed. In DUENDIA EXTENSION, vehicular entrances (but not exits) are allowed along Buendia Avenue, entrances and exits are allowed along a service road at the back of the lot. In APARTMENT RIDGE (Ayala Avenue), vehicular entrances and exits shall not be allowed along Ayala Avenue. In APARTMENT RIDGE EXTENSION (Makati Avenue), vehiculat entrances and exits shall not be allowed along Makati Avenue. 02-11-2013 Amended Consolidated and Revised Deed Restrictions 10 8. In all cases, vehicular entrances and exits shall not be allowed along curves, street comers and street intersections, 8. Streets or roads designated herein as principal streets, service roads, access roads or side streets (as the case may be) aro chown in the sketch pla leelU attached and ‘made part hereof as Annex-1. F. SERVICE ENTRANCES All the service entrances for utilities shall be conducted into the building by means of underground condults or pipes trom the main service lines. A water pump directly connected {0 the water main is not allowed. However, a water pump may be installed to draw water {fom a ground storage tank of adequate capacity supplied by natural pressure from the water main. G, RESTAURANTS OR CANTEENS. Restaurants, canteens or food-serving establishments dedicated to serving meals and snacks may be allowed to operate in a building; provided that excent in hotels, a feslaurant, canteen or food-serving establishment shall not be located on the ground or basement floor. Strict sanitary and health regulations shall be observed and implemented, particularly the adoption of pest control measures. H. SIGNS iu yeeral, commercial, business or advertising signs when affixed or attached to the Pea OF sidels of the building shall not be alowed to project outside the property ling: Such signs should be atractive in character and design, and shall be subject to te ore written approval of the VENDOR or MACEA. |. SEWAGE DISPOSAL Sewage disposal must be effected through 2 connection to the sewerage disposal system covering the area. J. PROHIBITION The OWNER, its/his successors and assigns, hereby binds itselthimee'f not to use the word “AYALA’ in the name of the building constructed or to be constructed on the lot K. INTERPRETATION Where there appears to be any conflict in the interpretation of these restictions, the most stringent interpretation shall control L. TERM OF RESTRICTIONS ZThe restrictions, easements, and reservations ofthe lots located in Ayala North, Ayale South, Avala Triangle, Roxas Triangle, Salcsdo Village, Legazpi Vilage, Buendia Extension, Apartment Ridge (Avale Avenue) and Agariment Ridge Extersion (Makati Avenue) shall be ceferminus with the corporate life of MACEA. valid and shall continue to-run effective end niorceable unless otherwise earlier modified or changed at any time by the VENDOR 0: i Successors, vith the concurrence of MACEA. Such modification or change shall always take effect prospectively. (As amended on May 10, 2011). Amended Consolidated and Revised Deed Restriet N. EFFECTIVITY These restrictions, easements and reservations shall become effective upon the approval thereo! by MACEA Laguis aais ES vi avou ssa00v 4 wee age __QVO% BDIANAS Fad s_ fo é LaguLs waioued pema? © wy anna awpeaHnco C3AY LVAD) “Lxa Sogls LNaW Luv! CANN YavAy ) 390i: LN3WLU¥dV ERED NOISN3.X3 vIGNaNe SS BOVTIA o0301Vs Gita BOv"TIA |dsvo37 Ed BTOVVINL SVXOH ERED STONVIEL WIVAY EE HLnos W1vAY ES} HLYON W1¥Ay ESS Suonoinsoy paaq pasiaay pue payeptjosucy popusmry Amended Consolidated and Revised Deed Restrictions B ANNEX-2, DEFINITION OF TERMS As used in these Deed Restrictions, the folowing terms shall have the following respective meenings (such meanings to apply to the singular and plural forms of the terms defined). (CHURCH o: “RELIGIOUS USE" — means a use of a building or a place for worship or spiritual devotion. 2. “DISPLAY ROOM" — means a use of a building or a place where items are exhibited for Wiewing and inspaction only. This term does not include retail shops or stores, except fetail outlets which form nart of predominantly wholesale estavlisinnerily and Carried cr Primariiy for public relations or dispiay of products, 3. “HOTEL — means 2 place where rooms are offered for hire as @ temporary abode Prineipally for travellers and which provides general kitchen and public dining room service and such other services intended for the convenience of the guests heluding Specially retail primarily oriented toward hotel guests (but excluding the retailing of general merchandise) provided such retail outlets do not occupy more than 3% of the GROSS FLOOR AREA of the hotel building. This term does not include mote's or residential buildings. 4 RARICE or "OFFICE BUILDING" ~ means a use of a building or a place predominantly for the conduct of business or profession. These terms include display rooms but de net include factories, industrial plants, machine shops, retail establishments or hospitals. 5. “OWNER - means the current owner of the lot as well as such owner's predecessor(s)- in-interest. ©. “RESIDENTIAL’ or “RESIDENTIAL BUILDING’ — means a use of a building or a piace for dweling, including an apartment hotel o: apartelle. This term does not inoude a hoter or motel, 7 (RETAIL’ — means a use of a building or @ place for the sale of merchandise, Commodities or goods to customers for their consumption, 8 “SCHOOL’ or ‘EDUCATIONAL USE" - means a use of @ building or a place which provides instruction or training leading to elementary, high school, colege and/or post Graduate degrees. These terms do not include places which predeminantly provide Vocational or technical training, 02-11-2013 Amended Consolidated and Revised Deed Restrictions 4 ANNEX-3 GROSS FLOOR AREA 1. DEFINITION the GROSS FLOOR AREA of a building is the total floor space within the perimeter of the permanent external building walls, occupied by. ° office areas; * residential areas; * corridors, © lobbies; * vertical penetrations, whit sliall mean stais, tire escapes, elevator shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls; fest rooms or toilets; machine rooms, pump rooms, electrical rooms, utility rooms; storage rooms and closets; covered balconies and terraces; interior walls and columns, and other interior features; but excluding: * covered eres useu fu penking ang ariveways, including vertical penetrations in parking floors where no residential or office Units are present, * uncovered areas for AC cooling towers, overhead water tanks, roof decks, laundry areas and cages, wading or swimming pools, whirlpools or jacuzzis, gardens, courts or plazas, 2. METHOD OF GROSS FLOOR AREA MEASUREMENT im GROSS FLOOR AREA of a building shall be computed by measuring to the center ling of the dominant portion of the permanenl exwitial DullaIng walls ‘The Dominant Portion shall mean that portion of the permanent external building wall {hich is fifty percent (60%) or more of ‘the vertical floor-to-ceiling dimension measwred at the dominant portion. if there is no dominant portion, or if the dominant portion is not vertical, the measurement for area shall be to the center line of the Permanent extemal ‘wall where it intersects the finished floor line.

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