Professional Documents
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Macea Guidelines
Macea Guidelines
The VENDOR hereby represents that various arcus in Makati form part of a controlled
real estate development 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 its prcdccessors-in-intcrcst.)
The VENDOR further represents that its sales policy is to dispose of lots in AYALA
NORTH, AYALA SOUTH, AYALA TRIANGLE, ROXAS TRIANGLE, SALCEDO
VILLAGE, LEGAZPJ 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-rise
residential or office buildings, or buildings for special purposes, within the property of
the VENDOR according to the spirit and general pattern of development of the
aforementioned areas. To attain tills desired end, the following restrictions, casements,
reservations and limitations arc 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:
D. USE OF LOT
1.U 1. The lot cannot be subdivided for the period specified in the original deed res: rictions.
~ However, two or more lots may be used for a single building; provided that in such
a case, all the lots shall be considered as a single lot for the application of these Deed
Restrictions.
Consotldated and Revised Deed Restrtctlons Pog., 2
Likewise, two or more lots may be consolidated into a single lot which the OWNER
may later rc-subdividc into the original number of lots or less; provided that none of
the resulting lots shall be smaller in area than either of the following:
1,200 sqrn. Ayala North, Ayala South, Ayala Triangle, Roxas Triangle,
Buendia Extension (Lots 3O-A, 3O-B, 30-C), Apartment
Ridge, Apartment Ridge Extension
and provided further that all such rc-subdivisions (other than into the original
components) shall be subject to the prior written approval of the VENDOR to ensure
that each resulting lot shall have adequate access to adesignated 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-l to E-8 below.
2. The lot shall be used only for the construction thereon of a building for high-rise
residences, offices and/or display rooms, and/or hotels for the use of thc OWNER, its
tenants or lessees, as herein permitted. The following are the permitted building uses
according to location:
LOCATION/AREA USE
Ayala North Office/Residential-Penthouse
Ayala North, Lot 1, (LRC) Psd-293l28 OfficefRcsidcntial-Pcnthousc/Hotcl
Ayala South Office/Residential-Penthouse
Ayala South, Lots 2-A-2-A and 2-A-2-B,
(LRC) Psd-2lS710 Office/Residential- Penthouse/Hotel
Ayala South, Lots 2-A-l-B and 2-A-l-C,
(LRC) Psd-30865 Officc/Residential-PcnthousclHotel
Ayala Triangle , Office/Residential/Hotel
Roxas Triangle, Lots 1, 2 and 3,
(LRC) Psd-26990 Office/Residential-Penthouse
Roxas Triangle, Lot 4, (LRC) Psd-26990 Uffice/ResidcntiaVHotei
Salcedo Village 0 fficc/Rcsidcntial
Lcgazpi Village Office/Residential
Buendia Extension, Lots 30-A, 3O-B
and 30-C, (LRC) Psd-2940S4 ! Office/Residential-Penthouse
Apartmcnt Ridge (Ayala Avc.) Residential
en Apartmcnt Ridgc (Ayala Avc.), Lot 2,
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I...L.. (LRC) Pc.<;-17679 Residential/Hotel
Apartment Ridgc Extension (Makati Avc.) Residential
Apartment Ridge Extension (Makati Avc.),
Lots I-E and l-F, (LRC) Psd-2775l4 Residcmial/Hotcl/Embassy
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Co nsolfdnted nnd Revised Deed Restrlctlons Page 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 office buildings where
"Residential-Penthouse" 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 plan hereto attached
and made part hereof as Annex-l. As used in these Deed Restrictions, the terms
"residential", "office", "display room", and "hotel" shall have the meanings respectively
given to them in Annex-2, which is attached hereto and made part hereof.
In the lots/blocks listed below, or in any other location which have been or which may
be designated in writing by the VENDOR, buildings for educational or religious 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 buildings. The designation of a particular pre-determined use by the
VENDOR cannot be modified by the OWNER without the prior written consent of the
VENDOR.
2.1 In Ayala North, Block 4, (LRC) Psd-6132 find Plan (LRC) Pcs-1332 along Pasco
de Roxas and Makati Avenue
3. None of the uses listed in B-2 above nor the Icrrn "predetermined use" is intended
to include:
3.2 Retail shops or stores, with the exception that the following limited retail outlets
may be allowed (but not the retailing 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 occupy
more than 3 % of the GROSS FLOOR AREA of the hotel building.
Subject to compliance 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 depart-
ments for light precision instruments, precious stones and metals may be maintained
as an essential clement in the operation of wholesale establishments; provided that
no disturbing noises or noxious odors are produced thereby or emanate therefrom.
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The VENDOR, in selling this and similar pieces of property, is motivated by the
intention to create an area of controlled development and specific appearance, viz:
streets with rows of altractive buildings, for the benefit of the community .. For this
purpose, the VENDOR reserves the exclusive right to determine whether building
plans submitted by the OWNER arc in conformity with the VENDOR's intention as
herein expressed. For the guidance of the OWNER in the preparation of such building
plans, certain fundamental restrictions arc imposed, as follows:
1. MATERIALS
All buildings and structures shall use first-class materials (e.g., reinforced concrete,
structural steel, concrete hollow 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.
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2.1 The following arc the permitted maximum Floor Area Ratios according to the
location of the building and to the permitted building uses under Paragraph B-2:
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z FLOOR AREA RATIO (FAR)
'RESI- MIXED
LOCATION OFFICE DENTIAL HOTEL USE
Ayala North 16.0 NAl NA 16.01
\ Ayala North, LotI, (LRC) Psd-293128 16.0 NA 1 16.0 16.01
Ayala South 16.0 NA1 NA 16.01
1 ee Ayala South, Lots 2-A-2-A and
16.01
Ii 2-A-2-B, (LRC) Psd-21571O 16.0 NA1 16.0
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Paragraph C-2.4.
2.2 The OWNER of a lot which is not subject to maximum height limitations under
its original Deed Restrictions is not bound by the Floor Area Ratio restrictions under
Paragraph C-2.!. However, such OWNER must choose between: (i) voluntarily
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complying with the applicable Floor Area Ratio restrictions under Paragraph C-2.1
or (ii] complying with the sue coverage rcquii emcnts prescribed under the original
Deed Restrictions.
2.3 The permitted maximum Floor Area Ratio of a lot for a particular predetermined
use designated by the VENDOR other than those specified under Paragraph C-2.1
above should not exceed the Floor Area Ratio 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 in Paragraph B-2. The maximum Floor Area Ratio of a building
with mixed office and residential uses in 1I0l1le of these locations (indicated in
Paragraph C-2.) shall be between 8.0 and 1(1.1) depending on the space allocated for
office and residential use. In this case, the allowable Gross Floor Area shall be
determined as follows:
2.4.2 The ACTUAL GROSS FLOOR AREA OF OFFICE SPACE shall be sub-
tracted from and cannot exceed the },-fAXIMUM GROSS FLOOR AREA OF
OFFICE SPACE (computed in Paragraph C-2.4.1), leaving a balance for rcsidcn-
tial use;
3. DEVELOPMENT CHARGE
For any building construction within the Gross Floor Area limits defined under
Paragraphs C-2.1 to C-2.4 above, but which will result in a Gross Floor Area
exceeding certain standards defined in Paragraphs C-3.1-C below, the OWNER shall
pay MA CEA, prior to the start of construction of any new building or any expansion
of an existing building, a DEVELOPMENT CfIARGE as a contribution to a trust
fund to be administered by MACEA. This trust fund shall be used to improve
facilities and utilities in the Makati Central Business District.
3.1 The amount of the devcIopment 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 Arca Asscssmcllt which shall be set at Five Hundred Pesos
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(P 500.(0) until December 31,1990. Each January 1st thereafter, such amount shall
increase by ten percent (10%) over theArca Asscssmcnt 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 Arc:a Assessment shall be reviewed
! and adjusted by the VENDOR to correspond to the accumulated increase in the
I construction cost index during the immediately preceding five years as based on
I the weighted average of wholesale price and wage indices of the National Census
and Statistics Office and the Bureau of Labor Statistics.
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B - is equal to the total Gross Floor Arca of the completed or expanded building in
square meters.
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C - is equal to the estimated Gross Floor An'a permitted under the original deed
restrictions, derived by multiplying the lot arcn by the effective original FAR shown
below for each location:
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Co nsol'ldated SInd Revised Deed Restrlctlous Puge 7
Effective
Location Orit.:inal fAR
Ayala North/South 12.0
Apartment Ridge (Ayala Avc.) 12.0
Buendia Extn (Lots 3D-AlB/C) 9.0
Salcedo Village (facing Buendia Extn) 6.0
Salcedo Village 5.0
Lcgazpi Village 4.5
Apartment Ridge Extn (Makati Avc.) 4.0
D - is equal to any excess floor area on which a Development Charge has previously
been assessed and collected.
3.2 The payment of a development charge shall not justify nor cure any violation of
the applicable Floor Area Ratio restrictions specified under Paragraphs C-2.1 to
C-2.4 for a building in any designated area.
3.3 Excess floor area on which a Development Charge has previously been paid shall
not be subject to further Development Charge assessment il~the event of subsequent
expansion of the building.
4. BUILDING HEIGHT
There shall be no building height limits other than those specified by the Air
Transport Office (ATO) or other government agency, except in the case of Apart-
ment Ridge Extension (Makati Avenue), when: the present height limit of eight floors
shall remain in effect until the year 2008, provided the Urdancta Village Deed
Restrictions shall remain in substantially their present form.
· .._,.e S. SETBACK
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z 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 access roads leading thereto, must be constructed 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.
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However, in I3Iock 4, (LRC) Psd-6132 and Plan (LRC) PCS-1332 along Pasco de
Roxas and Mak ati Avenue, the OWNER maybe allowed to set back his building from
any boundary of the lot, provided that a minimum setback of two (2) meters from the
common boundaries with adjoining properties is observed. The setback shall be
UJ measured Irorn the property line to the nearest projection of the building.
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o 5.2 InAYAL4 TRIANGLE, ROXAS TRIANGLE, SALCEDO VILLAGE, LEGAZ-
PI VILLAGE, BUENDIA EXTENSION, AP_'IRTMENT RIDGE (AYALA AVE.),
and APARTMENT RIDGE EXTENSION (M·fl0lT1 AVE.), the building may be
buill flush with the properly line frollting a :.treet and/or flush with the common
Consolidated and Revised Deed Restr lctlons Pngc 8
boundaries with adjoining properties. If the building wiII be built away from the
common boundaries with adjoining properties, then in such case, a minimum setback
of two (2) meters from the property line must be observed. The setback shaII be
measured from the property line to the nearest projection of the building.
5.4 All buildings must eomply with the maximum site oceupaney requirements of the
National Building Code.
6. FOUNDATIONS
6.3 Foundations or footings of a building in any area which are close to a creek,
'drainage canal or existing culvert shall not be less' than two (2) meters deep, and shall
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D. PARKING SPACE
Interior parking must be provided within the lot. To this end, the OWNER
must comply with the following parking requirements:
of the lot 1
1
l. Number of Slots:
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FOR RESlDEN71AL AND OFFICE BUILDINGS: At least i.oo parking slot for
every 100 square meters of Gross Floor Area.
FUR HOTELS:
Guest Rooms: At least 1.00 parking slot for every 5 rooms.
II Retail Shops
floor area.
all Hotel Premises: At least 1.00 parking slot for every 50 sqm. of gross
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C'-I Health Club: At least 1.00 parking slot for every 25 sqm. of gross floor area.
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Q FOR PLANNED UNIT DEVELOPMENT BLOCK':; with three (3) or more per-
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rnittcd building uses, the parking requirements specified in this Paragraph D-1 may
L.t.. be adjusted by the VENDOR to take into account the timing differences in the parking
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needs of the individualuses,
2. The automobile parking slot should not be less than twelve (12.00) square meters ill
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t) >- area, measuring 2.40 meters by 5.00 meters for perpendicular or diagonal parking, and
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~ a 2.00 meters by G.OO meters for parallel parking. Service driveways should provide
§ unobstructed ingress and egress to arid from the parking slot at all times. However,
tandem parking for two (2) cars only may be permitted. Dropped-curb (mountable-
Co nso ltdntcd and Revised Deed Restr lcttons Pnge 10
sidewalk) parking slots which are directly accessed from the street without entering an
internal driveway shall not be permitted.
3. Parking buildings and structures, podiums or basements used for parking, may be
constructed flush with the property line up to the maximum lot area allowed under the
National Building Code.
4. Loading and unloading platforms, if any, must have a minimum setback of ten (10)
meters from any street. Ramps to parking structures arc excluded from this require-
ment.
1. In AYALA NORTH and AYALA SOUTH, vehicular entrances shall not be allowed
on the side of the property facing Ayala Avenue and Pasco de Roxas. However, in
Block 4, (LRC) Psd-6132 and Plan (LRC) Pcs-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 inAYALA NORTH
andAYALA SOUTH in evcry case must always be along a side street, the access road
within each block, de la Rosa Street, or Valero Strcct.
2. In AYALA TRIANGLE, vehicular entrances and exits may be allowed on any side
of the property facing Ayala Avenue, Pasco de Roxas or Makati Avenue.
3. In ROXAS TRIANGLE, a lot facing Buendia Avenue may have its vehicular entrance
(but not exit) on thc side of the lot facing Buendia Avenue, but the exit must always be
along an access road within Roxas Triangle, or along Makati Avenue or Pasco de
Roxas.
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6. In APARTMENT RIDGE (Ayala Avenue), vehicular entrances and exits shall not
I.J.. be allowed along Ayala Avenue.
''3. In all cases, vehicular entrances and exits shall not be allowed along curves, str cct
corners and street intersections.
Coriso lldnte d nnd Revised 0«<1 Restr lctlons Png< 11
9. Streets or roads designated herein as principal streets, service roads, access roads
or side streets (as the case may be) are shown ill the sketch plan hereto attached and
made part hereof as Anncx-L
F. SERVICE ENTRANCES
All the service entrances for utilities shall be conducted into the building by means of
underground conduits or pipes Irom the main service lines. A water pump directly
connected to the water main is not allowed. However, a water pump may be installed
to draw water from a ground storage tank of adequate capacity supplied by natural
pressure from the water main.
G. RESTAURANTS OR CANTEENS
II. SIGNS
I. SEWAGE DISPOSAL
____ -,..-,--.-L Sewage disposal must be effected through a connection to the sewerage disposal system
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covering the area.
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I z J. PROHIllITION
I The OWNER, its/his successors and assigns, hereby binds itself/himself not to use the
\ word "A YALA" in the name of the building constructed or to be constructed on the lot.
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K. INTERPRETATION
Where there appears to be any conflict in the interpretation of these restrictions, the
most stringent interpretation shall control.
L. TERM OF RESTH.ICTIONS
lJ.J The restrictions, casements, and reservations mentioned ill foregoing paragraphs shall
~ be valid and shall r un with the land until the expiry of the term of the original deed
a restrictions, but they may be modified or changed at any time by the VENDOR or its
I.
M. ENFORCEMENT OF RESTRICTIONS
N. EFFECTIVITY
These restrictions, casements and reservations shall become effective upon the ap-
proval thereof by MA CEA.
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ANNEX·1
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F-::'~) AYALA NORTH
E::::::::] A YA LA T R IA N G L E
mmE APARTMENT
(AYALA
RIDGE
AVE. 1
M~KATi
COWAERClt.L CENTER
PRINCIPAL STREET
SERVICE ROAD
~ ACCESS ROAD
SIDE STREET
MAK.l\TI CENTRAL BUSINESS
SCALE
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TECHNICAL PLANNING STAFF I 10 MARCH 1990
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Co nso lldntcd arrd Revlscd Dud Restrlctlons l'JI!;~14
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ANNEX - 2
DEFINITION OF TERMS I!
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As used in these Deed Restrictions, the following terms shall have the following respec-
tive meanings (sueh meanings to apply to the singular and plural forms of the terms
defined):
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1. "CHURCH" or "RELIGIOUS USE" - means a use of a building or a plaee for worship
or spiritual devotion. . .
2. "DISPLAY ROOM' - means a use of a building or a plaee where items arc exhibited
for viewing and inspection only. This term does nul include retail shops or stores, except
retail outlets which form part of predominantly wholesale establishments and carried on
primarily for public relations or display of products.
3. "HOTEL" -- means a place where rooms arc offered for hire as a temporary abode
principally for travellers and which provides general kitchenand public dining room
service and such other services intended for the convenience of the guests including
specialty 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 motels or
residential buildings.
I~~ 5. "0 WNER" - means the current owner of the lot as well as such owner's prcdecessor(s)-
in-interest.
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8. "SCHOOL" or "EDUCATIONAL USE" - means a use of a building or a place which
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provides instruction or training leading to elementary, high school, college and/or
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L1..I post-graduate degrees, These terms do not include places which predominantly provide
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vocational or technical training,
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ANNEX-3
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:
o office areas;
o residential areas;
o corridors;
o lobbies;
o vertical penetrations, which shall mean stairs, fire escapes, elevator shafts, flues,
pipe shafts, vertical ducts, and the like, and their enclosing walls;
o rest rooms or toilets; .
o machine rooms, pump rooms, electrical rooms, utility rooms;
o storage rooms and closets;
o covered balconies and terraces;
o interior walls and columns, and other interior feat\ltU;
but excluding:
o covered areas used for parking and drivcwa~ iadudUl~ YCtticaJ peaetratioes in
parking floors where no resideDtial or office IIDits arc ~
o uncovered areas for AC cooling lowers, overhead wHet tanh, roor decks,
••S'· _ laundry areas and cages, wading or l'Ninuning pools, whitJpool& or jacuzzis, gar-
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dens, courts or plazas.
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