TERMS AND CONDITIONS
(Estate Deed of Restriction)



BETWEEN

NUEL OSILAMA GLOBAL INVESTMENT LIMITED
(“ESTATE DEVELOPER”)



And


____________________________
(“THE SUBSCRIBER”)





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.
29. Enforcement: The Subscriber has by the execution of these Terms and Conditions been deemed to have appointed The Estate Developer and or it’s assigns as agents and attorneys of The Subscriber, to act in The Subscribers place, stead and or/behalf in the enforcement of any of the covenants herein. Notwithstanding the foregoing, The Estate Developer shall not be required nor be obliged to bring any such claims or litigation or otherwise enforce the covenant herein contained or be joined in any proceedings as a necessary party. Failure to enforce any covenant or restriction herein contained shall, in no event be deemed a waiver or the right to do so thereafter. The individual against whom enforcement is sought shall be personally obliged to pay any attorney fees incurred. Such fees shall become a lien against the Demise Premises or any development thereon if the covenantee fails to pay such fees within sixty (60) days.

30. Remedies for default: An assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 5% per annum except otherwise stated. The Subscriber hereby expressly vests in The Estate Developer or its agents the right and power to bring all actions against The Subscriber for the collection of such assessments as debt and to enforce the right of lien on the covenantee by all legal methods available for the enforcement of same. The covenantor shall have the power to disconnect electricity and other services affected in any case of default of the covenantee to pay any accruing service/utility/maintenance/refuse collection and other rates and levies.
31. Attorney’s fees: The Subscriber is responsible for the payment of all attorney’s fee incurred in collecting past due assessments or enforcing the terms of assessment lien. The Subscriber may not waive or otherwise escape liability for assessment provided herein by non-use of the common area or the abandonment of the Demised Premises.
32. Duration: The Terms, conditions, and restrictions in this agreement shall run with and bind the Demised Premises, and shall inure to the benefit of, and be enforceable by and against the parties hereto and their heirs, assigns, trustee, executors, personal and legal representatives and successors-in-title, as the case may be. The Terms & Conditions shall run in perpetuity unless terminated or determined by mutual consent of the parties.
33. Severability: Invalidation of any one of these Terms & Conditions or restrictions by judgement or court order shall in no way affect any other provision, and all other provision shall remain in full force and effect.
34. Multiple Counterparts: This agreement may be executed in one or more counterparts in English language. Any signature page delivered via electronic mail shall be binding to the same extent as an original signature page.
35. Compliance: Comply strictly with the directives of the Estate Developer and the appointed Facility Manager as may be necessary for the Security, Operation and Management of the Estate.
36. To pay all Rates, Taxes, Levies, Bills and Premiums in respect of the now or in the future as may be imposed by the relevant government agencies.

37. All payment shall be made only into the company’s account through our selected partner banks.
38. Comply strictly with the directives of the Estate Developer and the appointed Facility Manager as may be necessary for the Security, Operation and Management of the Estate.
39. To pay all Rates, Taxes, Levies, Bills and Premiums in respect of the now or in the future as may be imposed by the relevant government agencies.
40. All payment shall be made only into the company’s account through our selected partner banks.
41. To pay a reasonable sum (as Service charge) to be determined by the Facility Manager appointed by The Estate Developer should The Estate Developer not be available to run the Estate and to determine a yearly service charge
42. For acquisition through Mortgage, participants are required to pay an equity contribution according to house-type at commencement, without which allocation is null and void.
43. For Cooperate clients it shall apply to a minimum of a group of (6) person, (For acquisitions through Mortgage).
44. We sell Carcass products, and also deliver at shell level (finished and painted outside with doors, windows, internal wirings, no plastering or fittings inside); this is so to allow us deliver at low price and enable would be subscribers to finish at their individual taste and pace, for those who want 100% completion they can get it for a higher price on request.
45. The Estate Developer will manage the Estate and all its facilities exclusively and collect service charge for the initial 25years before any changes can be effected.
46. No subscriber is allowed to pay any money for facility or infrastructure fee, Service Charge or any other money to a fellow subscriber. All funds are to be paid into the Developers account; any money meant for The Estate Developer paid to any subscriber would be deemed not received and shall not be receipted.
47. Not to put the property for any purpose other than allotted purpose (use) except otherwise.
48. Not to assign the interest in the property without the written consent of the Developer and consent not to be withheld unreasonably in the case of reasonable and responsible persons.
49. For promos or discounted sales, buyer is given a window to pay within an agreed period, at the expiration of which prices revert to the original the next day preceding the deadline without recourse to the buyer.
50. In the case of refund, as satisfaction was reached at the point of purchase, an allottee would be required to get a buyer by his/herself, otherwise Nuel Osilama Global Investments Limited Shall Sell the said property to make refund and 30% of purchase price will be charged for administrative fee and contingent loses incurred by The Estate Developer.

a. Should a client demand for refund, which is only possible after one year. The Company shall make refund less 20% of the amount paid.


b. In the event of failure to complete payment, the company reserves the right to sell the property without recourse to the client and then make refund less 20% to the client.
c. Should a client insist on refund it must be in a period not more than 90 days, refund shall be made less 30% of amount paid.
51. Price may be reviewed without notice; however, this will not affect clients who have already made deposit for the duration of the sales, where deposits have exceeded the payment period, there shall be relocation or review of price.
52. Subscribers are not allowed to enter any form of contract for construction or otherwise with any member of staff without a written consent of The Estate Developer. Such a staff would be prosecuted, and the subscriber made to pay damages to the company.
53. Subscribers cannot form any association without the written consent of The Estate Developer, meanwhile such an association would be initiated by The Estate Developer at the right time; when there are reasonable number of residents, should subscribers decide to form an association without the consent of the developer all decisions reached by the association shall be null and void.
54. Any residents or Homeowners associations formed shall restrict itself to matters that concerns and fosters the well-being of its members and protection of their properties and shall at no time form any alliance to contest ownership of the estate or its management, this will automatically nullify the power of their association.
55. Failure to comply with the agreed payment plan will attract 2% penalty every month and outright revocation after 12 months of default.
56. Any sudden Bill, Fee, or Charges due to Government would be spread amongst existing subscribers to avoid conflict with regulators, fees for replacements or improvement on infrastructure would be spread amongst subscribers.
57. Subscribers are duty bound to conform strictly to uniform code of external features for all similar house types within the estate, for the avoidance of doubt roofing materials and dimensions, colours and egresses.
58. Subscribers shall not move into the estate wholly or partially with the intension of habitation or storage of materials or valuables without paying 100% of their infrastructure fees and obtaining clearance to do so from The Estate Developer.
59. Subscribers shall connect to the mains electricity supply in the estate only after 100% payment for infrastructure and obtaining a written permit from the Estate Facility unit.
60. Any subscriber who damages estate infrastructure shall be wholly responsible for repairing or replacement of such amenity.
61. The Estate Developer, his appointed representative or in collaboration with the Residents association (where such exist) shall exercise the right to deny access to the estate for any defaulting subscriber who refuses to pay or complete payment for infrastructure, service charge, or any other statutorily agreed levy.
62. The Property must not be used for any illegal, immoral, or hazardous purpose. Storing of combustible materials and explosives, etc. is strictly prohibited in the Property or in any area within the estate. LPG cylinders shall be for personal household use only.
63. No subscriber shall before, during, or after construction cause any obstruction of right of way on any part of the estate roads.
64. These Terms and Conditions below are not applicable to the underlisted.
- Not applicable for sites that are not buildable or habitable at the time of purchase.
- Not applicable for large parcels purchased in hectares.
- Not applicable for Block of flats
- Not applicable to Housing units purchased
65. A subscribers can commence construction work only after making 100 percent
for the plot.
66. Allocation letter shall be issued only after making 100 percent payment.
67. No spread or instalment payment is allowed for infrastructure fee.
68. All construction materials must be loaded and stored on the property to be
developed and not on the street or allowed to encroach on plots belonging to another subscriber.
69. Construction site owners must ensure that drainage channels are not blocked at
any time.
70. Subscribers are forbidden to use their houses/structures or Plots at any stage of
construction as storage depots for hazardous or harmful substances.
71. Subscribers shall not habour or house people of questionable character within
their premises.
72. All construction workers must vacate the site at the close of work every day, if for
any reason workers need to spend the night on site, this must be communicated
to the Estate clerk or security personnel 24 hours earlier.
73. Upon consummation of purchase, subscribers are expected to commence development not later than 12months after purchase failure to which they would be relocated to another plot within The Estate and plot(s) re-allocated to subscriber(s) that are ready to build immediately.
74. All building materials must be loaded and stored on the plot to be developed and not on the street. Construction site owners must ensure that drainage channels are not blocked at any time.
75. Maintain the external appearance of the building with the standard and ambience of the Estate.
76. No residence may be used for storage of hazardous or combustible materials not associated or compatible with residential usage, or which could present danger or risk to the health of other site or homeowner(s).
77. Homeowners who intend to allow their residence to be occupied by other persons for a rental period exceeding one (1) month, must as a pre-condition for such letting, obtain from such tenant or occupier, a written undertaking to comply with the homeowner’s rules and regulations, as a condition of occupancy. The homeowners must furnish the Estate manager with the required information of such persons. Homeowners renting their residence on a short-term basis must ensure a copy of the homeowner’s rules and regulations is available in the residence for their guests to read.
78. Issue written instructions (email or letter) to the Estate Manager informing him/her to expect a tenant and providing full contact details of the tenant and copies of ID cards or passports of the tenants.
79. Subscribers intending to move into the Estate must first obtain official Clearance to move in.
80. Constructions must be carried out according to design and specifications of the Estate, including roofing, painting e.t.c
81. All plots are bought as it is, (sand filling, removal of rock, levelling e.t.c on plot will be done (financed) by the subscriber if the Estate is already cleared.
82. Any damage caused by subscribers to Estate infrastructure e.g drainage, fence, poles/power lines will be repaired/replaced by the subscriber.
83. To assist The Subscriber in executing and/or obtaining regulatory approvals and/or certificates as may be required, provided that The Subscriber shall agree to bear the cost and/or charges for any such approvals.
84. Filling and submission of this application form implies that you have read, understood and agreed to abide by all the Terms and Conditions listed herein.
85. Where this form is filled online by clicking yes to agree, Terms and Conditions becomes binding on The Subscriber.

I, _____________________________________________________have read and understood this Terms and Conditions do hereby append my signature.


Date Signature_______________________________