Covenants
SCHEDULE A LAND COVENANTSThe Purchaser acknowledges and agrees with the Vendor that the Lot is part of Cambridge Park Development which is intended to be established as a modern and well designed subdivision. It is desirable for the protection and in the interests of all Purchasers that supervision and control be exercised by the Vendor in relation to the nature and type of buildings to be erected on the subdivision of which the property forms part.
The Purchaser shall be bound by the stipulations and restrictions set out below, although the Vendor may, at the sole and unfettered discretion of the Vendor, waive any or all of those covenants, on such terms and conditions as the Vendor may require.
The Purchaser both for himself and his successors in title hereby covenants with and for the benefit of the Vendor and also with the registered proprietor or proprietors for the time being of all the other Lots on the Scheme Plan shown as stages 1A, 1B and 1C, and such further Lots created by further subdivision of the balance of the Vendor’s land known as Cambridge Park, that the Purchaser will not:-
Dwelling Design, Size and Completiona) Undertake any work on the Property without first obtaining all necessary consents or permits required by the Local Authority.
b) Commence any construction or development on the Lot without having first obtained the written approval of Cambridge Park Limited or an agent nominated by Cambridge Park Limited (hereinafter referred to as “CPL”) to the plans and specifications, the exterior design and appearance and location of the proposed building on the Lot. Such approval not to be unreasonably withheld when such design is by a registered architect. If approval is obtained, shall not make any change to the approved plans or specifications or exterior design or appearance or location of the proposed building (whether due to the requirements of the Territorial Authority or otherwise) without first obtaining written approval from CPL, such approval not to be unreasonably withheld.
c) Erect or allow to be erected on the Property any dwelling house with a ground floor less than 200m2 inclusive of garaging but exclusive of roof overhangs and verandas and excluding any other accessory building, without the consent in writing of the Vendor.
d) Build on the Property any dwelling that does not include an attached fully enclosed garage, such garage to be constructed and completed at the same time as the construction and completion of the dwelling and in the same materials as the dwelling.
e) Allow to be transported onto the property any existing pre-built or second-hand dwelling or other building.
f) Permit any building or associated works in the course of construction to be left without substantial work being carried out for a period exceeding 6 months and to complete construction of any such work within 12 months of the laying of foundations for the dwelling to be constructed on the property.
g) Permit any driveway on the Lot to be constructed of anything other than a solid running course.
h) Permit any driveway, fencing and landscaping in the course of construction to be left without substantial work being carried out for a period exceeding 6 months and to complete any such works within 15 months of the laying of foundations for any dwelling on the Property or 12 months from the beginning of the work themselves, whichever is the sooner.
i) Allow on or to allow to remain on the property any broken down vehicles, temporary dwelling, boats, caravan, trade vehicle or other equipment, material or machinery which in the Vendor’s reasonable opinion is unsightly, or which generates noise reasonably likely to cause offence to residences in the area, within 5 meters from any boundary fronting any road or right of way unless garaged or screened to preserve any amenities of the neighbourhood.
j) Allow the construction of any dwelling of a single square or rectangle shape or with no break or valley in the roof line or a flat roof.
k) Permit or allow the erection of any temporary building or structure upon the property except such as may be used in conjunction with the construction of a dwelling on the Property and which will be removed from the Property upon the completion of the dwelling. The Vendor shall have the right to require the removal of any temporary building or structure which it considers in its absolute discretion, not to be of a nature or type suitable to the Vendors subdivision.
l) Erect or allow the erection of more than one dwelling on the property.
Property Use
m) Allow the use of the Property other than for residential purposes or to take or permit occupation of any dwelling unless the dwelling on the property has been substantially completed in accordance with the terms of these covenants and the buildings meet the requirements of the Local Authority.
n) Allow the removal of any soil from the Property except as necessary for construction of any dwelling or associated works for the Property.
o) Allow any rubbish to accumulate or to be placed on the property nor to permit any excessive growth of grass or vegetation so that the same becomes long or unsightly.
p) Allow the storage or accumulation on the Property of any building materials other than in the course of the construction of a dwelling house and/or any accessory buildings in compliance with the provisions of these covenants.
q) Cross lease the Property or create unit titles thereof or further subdivide the Property in any manner.
r) Use the Property for animal breeding/boarding kennels and allow any animals on the property other than domestic pets which shall without restricting the generality of such term exclude poultry, goats, sheep, horses, cattle, beehives and pigs.
s) Construct a dwelling within 5 meters of the front boundary.
t) Light fires to rid construction materials.
Construction Materialsu) Roof any building on the Property in other than factory coloured prefinished products.
v) (Without the Vendor’s prior written consent) Erect or allow to be erected on the Property any building that shall have less than a minimum of 90% of the exterior wall area excluding gable ends, clad in one of the following materials;
· Textured cladding
· Kiln fired or concrete brick or concrete
· Paint finished textured stucco on fibrous sheet or polystyrene, concrete block or solid concrete stone
· Metal laminate on solid timber
· Timber weather boarding or vertical board
· Stone
Fencingw) Erect any fence constructed of corrugated iron.
x) Erect any fence exceeding 1.6 meters in height above natural ground level.
y) Construct that part of the fence above 1.2 meters with more than 40% opacity.
Gully Environment Protection(The following covenants apply only to Lots 80, 82, 83, 86, 87, 88, 89, 90, 91, 93, 94, 95, 96, 97, 98, 100, 101, 102, 103, 104, 109 and 205)aa) Not to remove from the bank of the gully or the gully floor any remnant or regenerated indigenous vegetation.
bb) For any area of vegetation removed from below the top of the bank replant an equivalent area of indigenous species appropriate to the conditions.
Miscellaneouscc) Not to site any clothesline in direct sight of the road or right of way access.
dd) The Purchaser acknowledges that the Vendor is not responsible for any fencing as Developer.
AND the Purchaser further covenants with the Vendor for themselves, their executors, administrators and assigns that if there should be any breach of non-observance of any of the covenants and without prejudice to any other liability which the Purchaser may have to any person having the benefit of these covenants the Purchaser will on demand by the Vendor or any of the registered proprietors of any of the lots on the Plan of which the property forms part:
A) Pay to the person making such demand as liquidated damages the sum of FIFTY THOUSAND DOLLARS ($50,000.00) or a sum equal to one quarter of the cost of any building used erected or repaired in breach of non-observance of the foregoing covenants or any of them whichever is greater; and
B) Remove or cause to be removed from the Property any building or fence used or repaired in breach of non-observance of the residential stipulations; and
C) Replace any building material used or permitted to be used in breach or non-observance of the restrictive stipulations.
PROVIDED and it is further covenanted and agreed that;
AA) The covenants run with the land in perpetuity.
BB) In any such instance of default the remedying of such default within one month of notice in writing requiring the removal of such cause of default and the payment by the defaulting party of all reasonable legal and other expenses incurred by the party enforcing the covenants shall avoid the payment of the penal sum prescribed provided that this waiver shall not apply in respect of any subsequent default of a similar nature.
CC) The rights and obligations of the Vendor to enforce the terms of the rights and benefits conferred by the covenants and by this clause shall terminate 12 calendar months from the date on which it ceases to be an owner of any lot in its subdivisional plan and from that date the right to enforce the rights and benefits so conferred shall in accordance with normal principles vest in the owners of any lots in the subdivision which obtain benefits from the covenants.