TERMS AND CONDITIONS

This Estate Covenant are made this day of 20 Between of (Hereinafter referred to as “THE ESTATE DEVELOPER”)
which expression shall, where the context so admits, include his Assigns, Trustees, and Successors-in-Title) of the one part;

AND of
(Hereinafter referred to as “THE SUBSCRIBER” which expression shall, wherever the context so admits, include her heirs, assigns, trustees, personnel /legal representatives, administrators, and executors) of the other part.
A. WHEREAS:
1. “THE ESTATE DEVELOPER” is the promoter and Developer of the Estate known as

2. (Hereinafter referred to as “The Estate”) the Estate is a large tract of land, out of which plot(s) are allotted to several persons.
3. “THE ESTATE DEVELOPER” has allotted to the Subscriber one (1) plot of land from The Estate, which plot is hereinafter referred to as the ‘’Demised premises’’.
4. For the sake of uniformity, Security and maintenance of the aesthetic integrity of The Estate, the parties hereto as well as all the other allottees of plots of land in The Estate have agreed one with the other, that the security, general management and maintenance of all common utilities and facilities (including fences, streetlights, roads, parks, culverts, bridges, and other recreational facilities) shall be undertaken by THE ESTATE DEVELOPER, subject to the terms and conditions herein prescribed.
5. The parties agreed that in other to ensure mutual harmony, peace of mind within The Estate, the Covenants herein contained are necessary and avoidable.
B. NOW, THIS TERMS & CONDITIONS WITNESSETH as follows:

6. It is hereby agreed between the parties, that The Estate Developer shall be at liberty to assign its rights and obligations under these Terms & Conditions to its subsidiary or any other assign. Any such assign of The Estate Developer shall be equally bound by the terms thereof.
7. The Subscriber shall pay to THE ESTATE DEVELOPER a sum that shall be communicated at a future date prescribed as Service Charge. The Subscriber shall also pay an amount to be fixed, annually as service/maintenance charge for the provision of security and the maintenance of all common utilities and facilities (including fences, street lights, roads, parks and other recreational facilities, culverts, bridges, water facilities, etc).
8. All disputes, claims or proceedings between the parties relating to the validity, construction or performance of this Agreement shall first be resolved through amicable negotiations in good faith between the parties failing which it shall then be referred to and resolved through mediation and arbitration as final resort under the arbitration and conciliation act, cap. A18. Laws of the Federation, 2004 or any law for the time being in force in respect thereof. Where arbitration fails, the parties have the option to resolve the dispute through litigation.
C. THE SUBSCRIBER HEREBY COVENANTS
as follows:
9. Infrastructure Fee (Not less than 50%): To pay an initial sum as would be communicated as Infrastructure Fee for the provision of the necessary infrastructures in The Estate. The said Fee is to be paid before construction commences, which construction work and fencing of the perimeters of the Demised premises most commence not later than 18 months after allocation of the Demised premises by The Estate Developer to The Subscriber. Failure to comply shall result in the re-allocation to another parcel of land within the Estate or another Estate.
The infrastructure fee shall be subject to review as market forces dictate. For the purpose of these Terms & Conditions, allocation shall be deemed to have been made on the date site allocation is signed or issued.
10. Service/Maintenance charge:
To pay service charge (or any review thereto) prescribed in section B, Par. 7&8 above, as would be mutually agreed when or if a residents’ association would be formed as would be mutually agreed by subscribers and the Estate Developer at a future date after the allocation of the Demised premises.
11. Insurance Company: The Subscriber shall have the responsibility of insuring and regularly keeping insured the property against any loss or harm and the Estate Developer shall not be liable for any loss or damage that may occur within or outside the scope of the insurance.
12. a. Force Majeure: If the performance of this (document) or any obligation is prevented, restricted, or interfered with by reason of circumstances beyond the reasonable control of the party obliged to perform it, the party so affected (upon giving prompt notice to the other party) shall be excused from performance to the extent of the prevention, restriction, or interference, butt the party so affected shall promptly endeavor to avoid or remove the causes of non-performance an shall continue under this (document) with utmost dispatch whenever such causes are removed or diminished.
b. For the purpose of this Terms and Coditions ‘’Force Majeure’’ event means any circumstances or conditions which render(s) a party unable to perform its obligation wholly or partly and which by the exercise of reasonable intelligence the party affected was unable to

prevent. This includes acts of God, strikes, riots or other labor disputes, terrorism, national emergencies, government policies or directive e.t.c.
13. Major Renovations: Not to undertake any major renovations, improvements and/ or structural adjustments on the Demised Premises without the approval of the Estate Developer, such approval not to be unnecessarily withheld where it does not contravene any rule or regulation within The Estate, nor with any Town Planning or other relevant Government Regulation.
14. Land Transactions: Not to undertake any legal documentation in respect of the Demised Premises, whether by way of assignment, sale or long lease without the Approval and/or Consent of The Estate Developer, such approval not to be unreasonably withheld.
The Subscriber hereby agrees that only the solicitors appointed by The Developer shall be responsible for all legal documentation for all transactions in respect of the Demised Premises (Please note that after perfection of title, The Subscriber can engage any solicitor of his or her choice.
15. Notice: Not to transfer title by way of assignment, sale or long lease or advertise an intent to assign, sell or long lease without causing at least 1(one) week notice to be issued to The Estate Developer.
16. Common Facilities: Not to misuse or allow the misuse of any of the common utilities or facilities in The Estate by third parties.

17. Residential Use: All of the properties in the residential zone or designated as residential shall be used for residential purposes only as approved. Use of boarding houses or use for hotel purposes is expressly prohibited.
18. Commercial Use: All of the properties in the Commercial zone or designated as Commercial or industrial shall be used for business or commercial purposes or for any industrial or manufacturing purposes only.
19. a. Security: The security of individual residential or commercial buildings shall be the responsibility of the Subscriber. The Estate Developer shall only be responsible for the common areas within the Estate.
b. Common Security: Security of the residential zones within the designated areas shall exclude individual houses and shall strictly cover common areas or areas which are not otherwise forming part of the unit and intended for the mutual use and benefit of The Subscribers, including without limitation to;
i. Recreational areas, Children’s playground.
ii. Entrances, lobbies, car parking areas and other public areas.
iii. Any additional alterations, and improvements to i and ii above items.
20. Development: All new developments on the property, whether new or an addition to the existing structure, shall comply with the following restrictions:
i. Entrance/Exit: No property must be developed to have entrance or exit on the perimeter of The Estate. Please see the requirement for construction for details.
ii. Common wall construction prohibited: No development shall be constructed to share a common fence with another development, nor any development be constructed so that any exterior of such development is within three (3) meters of an exterior wall of another development. This restriction does not apply if the development is designated as a terrace or semi-detached house.
21. Temporary Structures: No mobile or “Manufactured home” or temporary structures (e.g Kiosk, Tents, shacks, garages) or recreational vehicles or other out-buildings shall be parked or built in public rights-of- way.
22. Garbage disposal:
I. No property shall be used or maintained as a dumping ground for rubbish or trash. Garbage or other waste shall be kept in sanitary containers. Incinerators or other equipment for the storage and disposal of garbage shall be kept in clean and sanitary conditions.
II. To ensure that garbage is well contained and easily accessible to garbage disposal agents, and to pay for the disposal of garbage within the Demised Premises upon such terms as will be agreed with The Management of the Estate and/or any refuse disposal company appointed by the Management of the Estate or by special arrangement as agreed with the Management of the Estate.
III. No garbage or debris or waste from plants or grass clippings or other debris of any kind, or hazardous waste (as defined in any federal, state or local law or regulation) shall be dumped or placed on any common area or common maintenance area.
23. Pets. No animal, except dogs, cats, caged birds, fish and tanks, and other small household pets, will be permitted in the estate. Dogs shall not be allowed to run at large or to create a disturbance/nuisance for other owners in The Estate. Leashed animals are permitted in the public right-of-way when accompanied by their owners. Effort shall be made by the person accompanying the animal to exercise ‘’scooping” the animal waste.
24. Fireworks: The sale and use of fireworks of any kind are strictly prohibited on any property within The Estate.
25. Property Use Registration: Without prior approval by the management of The Estate, and appropriate government authority were necessary, no structure may be used for any purpose other than that for which it was originally approved. No professional or home industry may be constructed from a residential property without the consent of The Estate Developer. Approval may be granted if the activity is shown to be compatible with the residential character of the neighborhood. No development shall be constructed which exceeds the allowable height set for the area.
26. Vehicles: Boats, trailer houses, recreational vehicles, truck campers, semi-truck tractors, or mobile homes shall not be parked for forty-eight (48) consecutive hours or more on any street, or lawn or open space areas. Vehicles which are disabled or nor registered, or are otherwise inoperable, shall not be on the public right of way.
27. Common areas: Ownership of common areas shall reside with The Estate Developer until such interest is assigned.
28. Interment: Not to inter or bury any person within the Demised Premises or any part of the Estate.