The Purchaser acknowledges that the land hereby agreed to be sold is part of a residential Estate and is subject to the restrictive covenants contained in this Annexure and undertakes to observe and be bound by the covenants. The Purchaser accepts that the covenants have been attached to ensure that the estate has quality development throughout, and that quality is maintained at a level to keep the estate aesthetically pleasing.
In the event that the Purchaser desires to dispose of its interest in the land, the Purchaser will ensure that the proposed assignee will be bound by these covenants, including this clause as if that Assignee had entered into this Agreement with the Vendor.
(a) The Purchaser will not erect, or permit to be erected on the said land any dwelling house, other than a single dwelling house containing all of the following requirements:
i. A gross floor area of not less than 120 sqm. exclusive of patios, carports or outdoor living areas.
ii. Constructed with external walls of clay brick or properly finished and painted masonry block or other material previously approved by the Vendor.
iii. Roof cladding of tiles, colorbond or other coloured roof material previously approved by the Vendor.
(b) The Purchaser shall not in any circumstances, remove from elsewhere and erect on the subject land, any buildings, garage or structure.
(c) The Purchaser will not erect or permit to be erected on the said land, any detached out buildings other than to the rear of the dwelling house on the said land.
(d) The Purchaser is required to commence construction on the lot within 1 year of settlement occurring, and the purchaser will expeditiously complete the erection of any structural improvements erected on the said land within a period of 18 months once construction has commenced.
(e) The Purchaser shall maintain the subject land, mow the grass and keep it in a clean and tidy condition. In the event the Purchaser fails to do these things, then the Vendor may do so and the Purchaser hereby authorises the Vendor or its agent to enter onto the subject land for that purpose. Any expense incurred by the vendor in so doing may be recovered from the Purchaser.
(f) The Purchaser shall at all times, keep in good order, maintain and repair any dwelling house or building erected on the subject land.
(g) Any fencing forward of the main building line should be constructed from brick, feature timber picket (painted), rendered masonry, wrought iron, tubular steel or a range of appropriate composite materials up to a maximum height of 1.2 metres.
(h) Driveways from the road edge to the property boundary are to be concreted/paved. The pathway will not be obstructed in any way and no piping will be placed along the pathway.
(i) All garden areas will be landscaped to an acceptable standard within four months of completion of the dwelling built on the land.
(j) All owners will establish and maintain the landscaping/turf between the street front boundaries of their lot and the curb in order to enhance the appearance of the Estate.
(k) The access to each lot will be by the designated driveway only. The owner will not permit traffic to park or pass on the grass verges, or in the landscaped table drains.
(l) Prior to submission of plans to the local authority for building approval all plans and specifications will be submitted to the developer for approval. The developer will endeavour to provide a decision notice within 5 business days of submission. Plans and specifications may be submitted by post to The Santalucia Group of Companies PO Box 1986 TOWNSVILLE QLD 4810, by facsimile on 07 4721 2507 or by email to This e-mail address is being protected from spambots, you need JavaScript enabled to view it .
(m) In the event of a breach of any of the foregoing covenants, the Purchaser will pay the Santalucia Group on demand by way of liquidated damages (and not by way of penalty), the sum of Fifteen Thousand Dollars ( $15 000.00)
