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AGREEMENT OF SALE
BETWEEN
ZEC4 (PTY) LTD
AND
__________________________ ("THE PURCHASER")
IN RESPECT OF
ERF NUMBER _______, OUTENIQUASBOSCH, HARTENBOS
INDEX
OFFER TO PURCHASE
NO CLAUSE HEADINGS PAGE
PART A
PART B
1 INTERPRETATION 1
2 SUSPENSIVE CONDITIONS 2
3 PURCHASE PRICE AND PAYMENT 3
4 THE PROPERTY 4
5 THE DEVELOPMENT SCHEME 4
6 TRANSFER OF THE PROPERTY 5
7 THE CONSTITUTION 5
8 SUNDRY CHARGES 6
9 OCCUPATION, RISK AND BENEFITS 6
10 OWNERSHIP 6
11 CONDITION, EXTENT AND TITLE CONDITIONS 6
12 PURCHASER'S GENERAL RIGHTS AND OBLIGATIONS 7
13 AGENT 7
14 BREACH 7
15 NOTICES AND DOMICILIA 8
16 SURVEY PEGS 8
17 JOINT PURCHASERS 8
18 CONSENT TO JURISDICTION 8
19 COMPANY TO BE FORMED 9
20 COMPANY/CLOSE CORPORATION/TRUST - FORMED 9
21 SUBSTITUTION 9
22 INTEREST 9
23 NON-VARIATION 9
24 WHOLE AGREEMENT 10
25 RELAXATION 10
______________________________________________________________________________
ANNEXURE A : LAYOUT PLAN AS REFERRED TO IN PARAGRAPH 3 OF PART A
OFFER TO PURCHASE (Residential Erf)
The Purchaser described in paragraph 1 of Part A ("the Purchaser") hereby offers to purchase from the seller referred to in paragraph 2 of Part A ("the Seller") the property referred to in paragraph 3 of Part A ("the property"), which the Seller agrees to sell to the Purchaser subject to the terms and conditions set out in this agreement.
PART A
1. PURCHASER
1.1 Name :
ID/Registration number :
1.2 Marital status :
1.3 Street address :
1.4 Postal address :
1.5 Telephone no : (w) Telefax no :
1.6 Cell no : E-mail address:
1.7 VAT Registration no :
1.8 Name and designation of authorised representative :
2. SELLER
2.1 Name : CShell 114 (Pty) Limited
Registration number : 2005/030913/07
2.2 Street address :
2.3 Postal address : P O Box 154, Hartenbos, 6520
2.4 Telephone no : (w) Telefax no :
2.5 Cell no : E-mail address:
2.6 VAT Registration no : 4900225220
2.7 Name and designation of contact person : ______________________________.
3. THE PROPERTY
Erf No _________ in Phase No ___________, Hartenbos as depicted in the layout planannexed to this agreement as Annexure A, signed by the parties concurrently with thesigning of this agreement, in extent approximately _______________m² (square meters).
cop anc other
4. PURCHASE PRICE (VAT included @ 15%) : R Deposit of 10% payable within 7 (seven) days after the signature date : R
Supplementary deposit of 10% payable within 10 (ten) days of notification of fulfilment of
the suspensive condition as per clause 2.1.1 of Part B : R_____________________ Balance of purchase price (payable on registration) : R
5. LOAN AMOUNT : R to be procured not later than 45 (forty five) days
after the date of notification by the Seller of fulfilment of the suspensive condition referred to in clause 2.1.1 of Part B.
6. EXPECTED REGISTRATION DATE (subject to clauses 5 and 6 of Part B): 6 (six) months after fulfilment of the suspensive condition referred to in clause 2.1.1 of Part B or such earlier or later date as the Seller may notify the Purchaser.
7. TRANSFERRING ATTORNEYS : Raubenheimers Incorporated, 60 Cathedral Street, PO
Box 21, George, 6530, Tel : (044) 873 2043, Email Address : [email protected] (Reference : Mr W M Luttig)
8. SPECIAL CONDITIONS : As per annexure (if applicable) signed by the parties. 9. SELLING AGENT : Name : Telephone : _______________
Income Tax No : __________________________________
10. All payments to be made by the Purchaser in terms of this agreement shall be paid into the
following trust account of the transferring attorneys :
Raubenheimers Inc Trust Account First National Bank (George) Account number 52294178630 Branch code 210114 Ref: OB (complete erf no)
11. ACCEPTANCE : On written acceptance of this offer by the Seller, it shall become a binding
agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign this agreement first, it shall constitute an offer open for acceptance by the Purchaser : Provided that the Seller may at any time by notice in writing before he receives the agreement, countersigned by the Purchaser (either delivered to him by hand or electronically), withdraw the offer.
NOTE : DOCUMENTS TO BE FURNISHED BY PURCHASER
1. IF THE PURCHASER IS A TRUST, A RESOLUTION SIGNED BY ALL THE TRUSTEES AUTHORISING THE PURCHASE OF THE PROPERTY (DATED ON OR BEFORE THE DATE OF SIGNATURE) TOGETHER WITH A COPY OF THE LETTERS OF AUTHORITY OF THE TRUST.
2. IF THE PURCHASER IS A COMPANY, CLOSE CORPORATION OR OTHER LEGAL ENTITY, A RESOLUTION SIGNED BY ALL THE DIRECTORS / MEMBERS AUTHORISING THE PURCHASE OF THE PROPERTY.
3. COPY OF THE SIGNATORY'S ID.
1
PART B
TERMS AND CONDITIONS – OFFER TO PURCHASE 1. INTERPRETATION
1.1 Words and expressions defined or used in any of Parts A or B of this agreement shall, for purposes of the other Part, bear the meanings assigned to such words and expressions in the other Part.
1.2 Unless the context otherwise indicates, the following words and expressions shall
bear the following meanings assigned to them, namely-
1.2.1 "the/this agreement" means this document, including the appendices to this document;
1.2.2 “the approvals” means all statutory approvals relating in any manner to the zoning, subdivision and development of the land on which the development is to be established, including but not limited to approvals granted in terms of LUPO and LUPA, if applicable, and any Record of Decision issued by any Department of Environmental Affairs and Development Planning;
1.2.3 “business day" means a day which is not a Saturday, Sunday or South African public holiday;
1.2.4 "the Constitution" means the Constitution of the Outeniquasbosch Homeowners Association, being the Homeowners Association established in terms of LUPO for the development;
1.2.5 “develop” with reference to the development, the erection of buildings and related facilities for the use thereof in accordance with the approvals;
1.2.6 "the development" means the property development generally known as Outeniquasbosch located in the municipal area of Hartenbos;
1.2.7 "the layout plan" means (a) plan(s) of the whole or a part of the development showing the property in relation to other erven in (a) phase(s) of the development or the whole thereof annexed to this agreement as Annexure A;
1.2.8 "LUPA" means the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014);
1.2.9 “LUPO” means the Land Use Planning Ordinance 1985 (Ordinance 15 of 1985);
1.2.10 “the occupation date” means the date by which the Purchaser shall be entitled to occupy the property, which shall be the date referred to in clause 9.2 of this Part B;
1.2.11 “the parties” means all the parties to this agreement;
1.2.12 “prime rate” means the rate of interest per annum which is equal to Investec Bank Limited's published prime lending rate of interest per annum, compounded monthly in arrears, charged by the said bank from time to time. (In the case of a dispute as to the rate so payable, the rate shall be certified by any manager or accountant of any branch of the said bank, whose appointment
2
or authority need not be proved and whose certificate shall be prima facie proof of the rate of interest and the period during which it applied);
1.2.13 "the property" means the Erf described in paragraph 3 of Part A;
1.2.14 "the purchase price" means the purchase price referred to in paragraph 4 of Part A;
1.2.15 "the Purchaser" means the party referred to in paragraph 1 of Part A;
1.2.16 "the Seller" means CShell 114 (Pty) Limited, registration number 2005/030913/07;
1.2.17 “the services agreement” means the written agreement concluded or to be
concluded by the Seller or its predecessor-in-title with Mossel Bay Municipality in connection with the supply of municipal and related services in respect of the development;
1.2.18 "the signature date" means the date upon which this agreement is signed by
the last party signing;
1.2.19 “the suspensive conditions” means the suspensive conditions referred to in clause 2;
1.2.20 "the transfer date" means the date on which the property is registered into the name of the Purchaser in terms of the Deeds Registries Act, 1937 (Act No 47 of 1937), and "transfer" shall have a corresponding meaning;
1.2.21 "the transferring attorneys" means the conveyancers appointed by the Seller
for purposes of attending to the transfer of the property to the Purchaser;
1.2.22 “VAT” means Value-Added Tax in terms of the VAT Act;
1.2.23 “the VAT Act” means the Value-Added Tax Act, 1991, as amended;
1.2.24 "writing" shall include an email successfully transmitted to the addressee;
1.2.25 any reference to the singular includes the plural and vice versa; 1.2.26 any reference to natural persons includes legal persons and vice versa; 1.2.27 any reference to a gender includes the other genders.
1.3 This agreement shall be governed by and construed and interpreted in accordance
with the law of the Republic of South Africa and shall for all purposes be deemed to have been concluded at Hartenbos, Province of the Western Cape.
2. SUSPENSIVE CONDITIONS
2.1 Subject to any suspensive conditions that may be referred to in paragraph 8 of Part A, this agreement is subject to fulfilment of the following suspensive conditions :
2.1.1 the Seller selling not less than 70% of the properties in the combination of
phases of the development of which the property forms part (of which the deposits have been paid and the balance of the funding have been approved or proof of the availability of funds have been furnished to the Seller) and the
3
Seller notifying the Purchaser in writing that this condition has been fulfilled to its satisfaction;
2.1.2 the Purchaser on the security of the property obtaining a loan for the sum of the loan amount referred to in paragraph 5 of Part A at prevailing bank interest rates and conditions within the period referred to in paragraph 5 of Part A or within such longer period as the parties may agree to in writing.
2.2 The suspensive condition referred to in clause 2.1.1 is stipulated for the benefit of the Seller only and the Seller shall be entitled at any time to waive the benefits of all or any thereof.
2.3 If the transferring attorneys (as referred to in paragraph 7 of Part A) are not notified
of fulfilment of the suspensive condition referred to in clause 2.1.2 (if applicable) by the date referred to in paragraph 5 of Part A, the Seller shall be entitled to cancel this agreement by notice in writing to the Purchaser, in event whereof –
2.3.1 no party hereto shall have any claim against another arising out of or in
connection with this agreement; and
2.3.2 to the extent that this agreement may have been partially implemented, the parties shall be restored to the status quo ante (which shall include repayment to the Purchaser of any deposit paid by the Purchaser),
unless determined otherwise in this agreement.
2.4 The suspensive condition referred to in clause 2.1.2 is stipulated for the benefit of both parties who together shall be entitled to waive compliance with same or to extend the date against which it must be fulfilled: Provided that the suspensive conditions shall against proof of approval in principle by a bank that funds would be available for payment of the balance of the purchase price against registration of transfer, be deemed to have been fulfilled.
2.5 The parties undertake to forthwith do all things within their power and to take all reasonable steps as expeditiously as possible in order to secure fulfilment of the suspensive conditions and to give effect to the provisions of this clause 2.
2.6 Notwithstanding any other provisions, the Seller may by notice in writing to the
Purchaser cancel or mothball the development scheme and cancel this agreement if the suspensive condition referred to in clause 2.1.1 has not been fulfilled or if any terms or conditions imposed by the local authority or any other competent person or authority in granting any approval or consent in respect of the development scheme in the Seller's assessment are too onerous or costly to comply with, or should circumstances arise which in the Seller's assessment warrants the termination of this agreement, in case of which the provisions of clause 2.3 shall apply mutatis mutandis.
3. PURCHASE PRICE AND PAYMENT
3.1 The purchase price of the property is the amount referred to as such in paragraph 4 of Part A.
3.2 The purchase price shall be payable by the Purchaser to the Seller in cash against
registration of transfer of the property into the name of the Purchaser : Provided that the deposit shall be payable as set out in paragraph 4 of Part A.
3.3 For purposes of clause 3.2 –
3.3.1 the Purchaser shall within 10 (ten) days of being called upon to do so provide
the transferring attorneys with a bank guarantee acceptable to them for payment of the balance of the purchase price (taking into account the deposit paid in terms of paragraph 4 of Part A) against registration of transfer of the property into the name of the Purchaser, which guarantee may be called for
4
when the suspensive conditions referred to in clauses 2.1.1 and 2.1.2 have been fulfilled;
3.3.2 the transferring attorneys are hereby authorised to release the deposit to the
Seller against registration of transfer.
3.4 Subject to any other provisions of this agreement, all amounts payable by the Purchaser to the Seller in terms of and arising from this agreement shall be made unconditionally and without deduction or set-off into the trust account of the transferring attorneys referred to in paragraph 10 of Part A.
3.5 The Purchaser may, instead of furnishing the guarantee referred to in clause 3.3.1, deposit into the trust account of the transferring attorneys the purchase price, which amount shall be released to the Seller against registration of transfer of the property into the name of the Purchaser.
3.6 Should the Purchaser deposit any portion of the purchase price into the trust account of the transferring attorneys as contemplated in clause 3.5 –
3.6.1 the Purchaser hereby authorizes the transferring attorneys to invest the sum
so deposited in an interest-bearing account with any of Standard Bank of South Africa Limited, Absa Bank Limited, First National Bank or Investec Bank Limited in terms of section 86(4) of the Legal Practice Act, No 28 of 2014;
3.6.2 the interest accruing on the investment concerned until the transfer date shall
be payable to the Purchaser immediately after the transfer date.
4. THE PROPERTY
4.1 It is recorded that the property may on the signature date not be registrable as defined in section 1 of the Alienation of Land Act, No 68 of 1981 (“the Act”).
4.2 When the land of which the property forms a part ("the land") has been subdivided,
the boundaries and measurements of the property shall be those of the property corresponding in the relevant subdivisional diagram (“the diagram”) to the property as reflected in the layout plan, whatever number may be given to the property on the diagram.
4.3 Should the boundaries and measurements of the property as reflected in the
diagram not correspond exactly with the boundaries and measurements reflected in the layout plan, then the parties agree to accept as the subject of this sale the property with the boundaries and measurements reflected in the diagram in approximately the same location as that reflected in the layout plan.
4.4 Subject to clause 4.2, the corresponding property shall in the event of disagreement
between the parties, be determined by the land surveyor who prepared the diagram, who shall be regarded as an expert and not as an arbitrator for this purpose and whose decision shall be final and binding on the parties.
5. THE DEVELOPMENT SCHEME
5.1 It is recorded that the development will be executed in the phases (as the term is understood in town planning terms) and that the municipal and other services will be constructed and supplied in phases, which will involve road building and other work
5
("the works"), which will be installed after fulfilment of the suspensive condition referred to in clause 2.1.1.
5.2 The Purchaser shall not be entitled to terminate this agreement or have any claim against the Seller arising from any noise or dust pollution or inconvenience suffered as a result of the works, all of which the Purchaser accepts may endure until the development has been completed in its entirety.
5.3 The Purchaser warrants that it shall not do anything nor cause anything to be done or allow anything to be done by himself or any person in respect of whom he may have any vicarious liability including any members of his household or invitees, that may in any manner disrupt or hamper the execution of the works.
6. TRANSFER OF THE PROPERTY
6.1 Registration of transfer of the property into the name of the Purchaser shall be effected by the transferring attorneys as soon as may be possible after payment of the purchase price has been guaranteed in accordance with the provisions of clause 3.3 of this Part B and the property has become registerable. The parties shall use their best endeavours to ensure that the transfer is effected with all possible dispatch, taking into account the time required for fulfilment of the suspensive conditions and the completion of the works to the extent required for the issuing by the local authority of the certificate(s) required for purposes of the transfer.
6.2 The Purchaser shall provide the transferring attorneys with all such information and documents as are required for transfer purposes within 7 (seven) days of being called upon to do so.
6.3 The parties undertake to sign and return to the transferring attorneys all documents necessary and requisite to effect transfer of the property within 7 (seven) days of delivery thereof to them.
6.4 The transferring attorneys shall not be required to proceed with registration of transfer while the Purchaser is in default or breach of any of his obligations in terms of this agreement.
6.5 The Purchaser shall pay the costs of and incidental to the registration of transfer of the property into the name of the Purchaser. The Purchaser shall also be responsible for payment of all costs relating to the registration of any mortgage bond referred to in clause 2.1.2 of Part B.
6.6 The Purchaser may not before registration of transfer re-sell the property. 7. THE CONSTITUTION
7.1 The Purchaser acknowledges and accepts that he and his successors-in-title shall
on registration of transfer of the property into his name, become a member of the Outeniquasbosch Homeowners Association and as from the transfer date be bound by the provisions of the Constitution as if the Purchaser and his successors-in- title were signatories to the Constitution.
7.2 The purchaser acknowledges that he has read the Constitution and that it shall be a condition of his title deed that each owner of the property shall on registration of transfer become a member of the Homeowners Association.
7.3 The purchaser hereby agrees that the following condition, or in such other format or form as the transferring attorneys or the Registrar of Deeds may determine or approve, shall be registered against the title deed of the property: "The owner and his successors-in-title shall be members of the Outeniquasbosch
Homeowners Association established in terms of Section 29 of Ordinance 15 of
6
1985 or of any Act that may replace the same, and he shall at all times be subject to the Constitution of the Homeowners Association and the rules thereof"; and
"The property shall not be transferred without the prior written consent of the Outeniquasbosch Homeowners Association".
"No improvements of any nature whatsoever shall be erected on the property, nor shall any exterior alterations, renovations or extensions to any building/s or other structures erected or to be erected on the property be made without the prior written approval of the Outeniquasbosch Homeowners Association, which consent shall not be unreasonably withheld."
8. SUNDRY CHARGES
8.1 The Purchaser shall as from the transfer date be liable for and pay all levies payable to the Homeowners Association in terms of the Constitution and all local authority charges, rates and taxes and accounts for water and electricity in respect of the property, pro-rated on a daily basis with reference to the transfer date.
8.2 Should any of the amounts referred to in clause 8.1 of Part B have been paid in
advance by the Seller, the Purchaser shall within 7 (seven) days of receipt of a written request refund the amount so paid in advance. The provisions of this clause 8.2 shall apply mutatis mutandis to the Seller if any such amounts are in arrears.
9. OCCUPATION, RISK AND BENEFIT
9.1 All risk in and benefit to the property shall, notwithstanding the date of signature of this agreement, pass to the Purchaser on transfer.
9.2 The Purchaser shall on the transfer date take occupation of the property.
10. OWNERSHIP
Ownership of the property shall pass to the Purchaser against registration of transfer of the property into the name of the Purchaser and payment of the purchase price in full to the Seller or the Seller's nominee.
11. CONDITION, EXTENT AND TITLE CONDITIONS
11.1 Save as otherwise stated in this agreement, the Purchaser –
11.1.1 acknowledges that it has inspected the property, that it is satisfied therewith and that he buys the same as is;
11.1.2 acknowledges that neither the Seller nor any representative of the Seller has given any guarantees or made any representations whatsoever in respect of the property not set out in this agreement.
11.2 The Seller renounces all claims to any excess and will not be answerable for any deficiency in the declared extent of the property should it be re-surveyed.
11.3 The property is sold subject to all the conditions and servitudes mentioned, set out or referred to in the current or prior title deeds of the property, or such other conditions and servitudes as may exist in regard thereto and any condition imposed on the granting of the approvals.
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12. PURCHASER'S GENERAL RIGHTS AND OBLIGATIONS
12.1 The Purchaser –
12.1.1 shall not be entitled to dispose of the property until he has made payment therefor in full or to cede or transfer any of his rights in terms of this agreement, except with the written consent of the Seller;
12.1.2 acknowledges that on registration of transfer of the property into his name,
he shall immediately become a member of the Outeniquasbosch Homeowners Association and the Purchaser acknowledges that he is aware of the duties and responsibilities encumbered upon him as a member of the Homeowners Association, and in particular, he is aware of the fact that a monthly levy will be payable by him to the Homeowners Association and that all buildings must comply with the Architectural Design Manual of the Constitution.
13. AGENT
The Purchaser acknowledges that he has been introduced to the property by the selling agent referred to in paragraph 9 of Part A and that the selling agent is the effective cause of the sale in terms of this agreement. The Purchaser warrants that he has not been introduced to the property by any other agent who may be entitled to or become entitled to commission as a result of the sale in terms hereof.
14. BREACH
14.1 Should the Purchaser breach any term or condition of this agreement and fail to remedy such breach within 7 (seven) days or within such a longer period as may, in the discretion of the Seller, be reasonably required, after the date of a notice to the Purchaser calling upon him to do so, the Seller shall be entitled, without prejudice to any other rights it may have, summarily and without recourse to law –
14.1.1 to terminate this agreement and to retain all amounts paid by the Purchaser pending finalisation of the amount of its damages, whether determined by agreement or an order of court; and
14.1.2 to use any of the amounts held in terms of clause 14.1.1 above as payment or part-payment for damages suffered as well as any other costs incurred because of such cancellation; or in the alternative to clauses 14.1.1 and 14.1.2;
14.1.3 to cancel this agreement and retain all amounts contemplated in clause 14.1.1 as liquidated damages and to claim payment of all amounts in arrears and performance of all and any other arrears obligations that the Purchaser has failed to perform by the date of such cancellation; or in the alternative;
14.1.4 to enforce performance of the terms of this agreement including (without derogating from the generality hereof), payment of the full balance of the purchase price and of all other amounts payable in terms hereof and to give transfer of the property into the name of the Purchaser.
14.2 Should the Seller cancel this agreement, the Purchaser hereby renounces all rights to receive compensation for any improvement effected on the property or any other expenditure incurred by the Purchaser.
14.3 Should this agreement be cancelled, the Purchaser or any occupier who obtained his right to occupy from the Purchaser shall immediately vacate the property.
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15. NOTICES AND DOMICILIA
15.1 The parties choose as their domicilia citandi et executandi their respective addresses set out in this clause for all purposes arising out of or in connection with this agreement at which addresses all processes and notices arising out of or in connection with this agreement, its breach or termination may validly be served upon or delivered to the parties.
15.2 For purposes of this agreement the parties' respective addresses shall be -
15.2.1 the Seller at his address referred to in paragraph 2 of Part A;
15.2.2 the Purchaser at his address referred to in paragraph 1 of Part A,
or at such other address in the Republic of South Africa of which the party concerned may notify the other in writing: Provided that no street address referred to in this sub-clause shall be changed to a post office box or poste restante.
15.3 Any notice given in terms of this agreement shall be in writing and shall -
15.3.1 if delivered by hand be deemed to have been duly received by the addressee on the date of delivery;
15.3.2 if posted by prepaid registered post be deemed to have been received by the addressee on the 8th (eighth) day following the date of such posting;
15.3.3 if transmitted by facsimile or email be deemed to have been received by the addressee on the day following the date of dispatch,
unless the contrary is proved.
15.4 Notwithstanding anything to the contrary contained or implied in this agreement, a written notice or communication actually received by one of the parties from another including by way of facsimile or email transmission shall be adequate written notice or communication to such party.
16. SURVEY PEGS
The Seller shall not be obliged to point out any surveyor's beacons or pegs in respect of the property.
17. JOINT PURCHASERS
Insofar as there may be more than one Purchaser in terms of this agreement, the liability of each of such Purchasers shall be joint and several.
18. CONSENT TO JURISDICTION
18.1 For the purposes of any proceedings arising out of or in connection with this agreement, the parties consent to the jurisdiction of the High Court of South Africa, Eastern Circuit Local Division, provided that any party shall have the right in its sole option and discretion to institute proceedings in any other Court of competent jurisdiction.
18.2 For purposes of this clause 18, this agreement shall be deemed to have come into
effect at the place where it is signed by the Seller.
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19. COMPANY TO BE FORMED
19.1 In the event of the Purchaser being a company to be formed the signatory for the Purchaser shall be personally liable for all the obligations of the Purchaser as though he contracted in his personal capacity if -
19.1.1 the company in respect whereof he acts as trustee is not incorporated within
45 (forty five) days of date of signature hereof by such signatory ; and
19.1.2 the company having been incorporated, fails to adopt and ratify unconditionally this transaction without modification within 5 (five) days of date of incorporation.
19.2 Upon timeous formation of the said company and due and timeous ratification and
adoption of this transaction as aforementioned the said signatory shall become and be liable to the Seller as surety for and co-principal debtor with the company for its obligations as Purchaser in terms of this agreement under renunciation of the benefits of the exceptions of excussion and division and cession of action.
19.3 Until formation of the company, the signatory shall be personally liable for all the
obligations of the Purchaser as though he contracted in his personal capacity. 20. COMPANY/CLOSE CORPORATION/TRUST – FORMED
In the event of the Purchaser being a company or a close corporation or the trustees for the time being of a trust, the signatory for the Purchaser by his signature hereto binds himself to the Seller as surety and co-principal debtor in solidum for the Purchaser under renunciation of the benefits of the exceptions of excussion and division and cession of action, for the performance by the Purchaser of all the Purchaser's obligations in terms of this agreement.
21. SUBSTITUTION
21.1 The Seller may at any time carry out any of the Purchaser's obligations in terms of this agreement which the Purchaser has failed to carry out within a reasonable time after being required by the Seller to do so, and the Seller may, at its sole discretion, exercise such right in addition to or instead of (but without prejudice to) and other right which it may have in terms hereof and the Purchaser shall pay to the Seller on demand all costs and expenses incurred by the Seller in carrying out the Purchaser's neglected obligations.
21.2 The Purchaser hereby irrevocably and in rem suam authorises the Seller with power
of substitution to sign all documents on his behalf to give effect to the Seller's powers in terms of clause 21.1 of Part B.
22. INTEREST
Should the Purchaser fail to pay any amount on due date in terms of this agreement, such amount shall bear interest at the prime rate charged by Investec Bank Limited from time to time, plus 2%, calculated from the due date until the date of payment, payable on demand.
23. NON-VARIATION
No addition to or variation, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the parties or their duly authorised representatives.
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24. WHOLE AGREEMENT
This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties.
25. RELAXATION
No extension of time, leniency or indulgence granted by the Seller to the Purchaser shall be deemed in any way to affect, prejudice or derogate from the rights of the Seller in any respect under this agreement, nor shall it in any way be regarded as a waiver of any of the Seller's rights hereunder, or a novation of this agreement.
NAME
NAME AND DESIGNATION OF AUTHORISED SIGNATORY, WHO WARRANTS THAT HE
HAS BEEN DULY AUTHORISED THERETO
SIGNATURE
DATE
PLACE OF SIGNING
CShell 114 (Edms) Beperk
P D van Zyl
(Purchaser - complete)
1
ANNEXURE A
LAYOUT PLAN AS REFERRED TO IN PARAGRAPH 3 OF PART A
N
stored: f:\drawings\App\Pr04/17L14.drg
55345 7632 m²
(Remainder Agriculture)
473375 m²
471375 m²
472375 m²
474513 m²
475393 m²
476375 m²
477386 m²
478472 m²
479380 m²
480375 m²
481
486388 m²
484390 m²
485380 m²
487388 m²
482375 m²
488380 m²375 m²
5461 000 m²
(Cell mast)
4895 498 m²
(Business I I )
Entrance GateBusiness Entrance
545481 m²
546481 m²
547481 m²
548481 m²
549481 m²
550481 m²
551481 m²
1:100 yr FLOODLINE
1:100 yr FLOODLINE
STATION 1
STATION 1
STATION 2
STATION 3
STATION 4
STATION 5
STATION 6
CENTREEQUESTRIAN
DRESSAGECENTRE
STABLES
STABLESSTABLES
STABLES
STATION 2
1:100 YEAR FLOODLINE
1:100 YEAR FLOODLINE
REFER NOTE 4
REFER NOTE 4
REFER NOTE 5
1:100 YEAR FLOODLINE
1:100 YEAR FLOODLINE
STATION 3
REFER NOTE 4
2311668 m²
2231661 m²
2242094 m²
2251809 m² 226
1677 m²
2271485 m²
2281521 m²
2291400 m²
2301560 m²
2321746m²
2331564 m²
2341369 m²
2351577 m²
2481448 m²
2491471 m²
2511767 m²
2521767 m²
2531520 m²
2561670 m²
2611526 m²
55256 823 m²
(Resort Zone I I )
BOS
DUIF
K IN G F IS HE R R O A D 6 m
BLUE C
RANE
ROAD
6m
F IS H E A G L E R O A D 5.5 m
BLACK E
AGLE R
OA
D 16 m
R.V.W. 5.67m
Groepsbehuising
Creche
Besighede
Parkering
Kerk
Gemeenskaps
Nature conservation area
Fasiliteit
P ri va t
e Oo p
R u imt e
CA PE FR ANC OL IN R OAD 5.5 m
SECRETARY BIRD ROAD 5.5 m
5219
5220
52215222
52245225
5226 5227 5228 5229
52305231
52325233
5234
5235
5236 5237 5238
5239
5240
52415242
5243
5244
52535254
52555256
52575258
5259
5260
52615262
5263
5264
5265
5266
5267
5268
5269
52705271
5272 5273
52745275
5276
52775278 5279
5280
5281
5282
5283
5284
5285 POS
5290
5291
52925293
5294
52955296
5297
5298
52995312
5313
5314
5315
53165317
5318 5319 5320 53215322 5323
53245325
5326
5327
5328
5329
5330
53315332
5333
5334
5335
5336
5337
5338
5339
5340
53415342
5343
5344 5345
5346
5347
5348
5349
53525400
5402 5403 5404 5405 5406 5407 5408 5409
5422
5424
5425
5607
5729
5267 53005301
53025303
53045305530653075308
53095310
53115350
5351
5353
5354
5355
5356
53575358
5359
53605361
5362
5363
5364
5365
5366
5367
5368
5369
5370
5371
5372
5373
5374
5375
5376
5377
5378
5379
53805381
5382
5383
5384
5385
5386
5387
5388
5389
5390
5391
5392
5393
5394
53955396
5397 53985399
54105411
54125413
54145415 5416 5417 5418
54195420 5421
5423
5426
5427
542854295430
54315432
543354345435543654375438
54395440
54415442
5443544454455446544754485449
5450
5451
5452
5453 5454
5455
5456
5457 5458
54595460
5461 5462
54635464
5465
5466
5467
5468
5469
5470
5471 5472 5473 5474
54755476
54775478
54795480 5481 5482 5483 5484
5485 54865487
54885489
54905491
5492
54935494
54955496
54975498
5499
55005501
55025503
550455055506
55075508
5509551055115512
5513
5514
55155516 5517
5518
5519
5520
5521
5522
5523
5524
5525
5526
5527
5528
5529 5530 5531 5532 5533
55345535
55365537
5538
5539
5540
5541
55425543
554455455546
55475548
554955505551
55525553
5554
5555
555655575558
55595560
55615562
5563
55645565 5566
55675568
55695570
5571 5572 5573 5574 5575 5576 5577 5578 5579 5580 55815582
5583
5584
5585
55865587
558855895590559155925593559455955596559755985599
5600560156025603
560456055606
5608
5609
5610
5611
5612
56135614
5615
5616
5624
5625
5626
56275628
5651
5652
5653
5664
56655666
5667
5668
5669
5670
5671
56725673
56745675
56765677
5678
5679
5680
5681
56825683
56845685
5686
5687
568856895690
56915692
5693
5694
5695
5696
5697
5698
5699 5700 57015702 5703
5704
5705570657075708
5709
5710
57115712 5713 5714
5715
5716571757185719
57205721
57225723
5724
5725
5726
5727
5730
5729
5728
56295631 5632
56335622
5630
5623 5623
5620
56195618
5617
5634
5635
5636
5637
5638
5639564056415642
56435644
5645
5646
5647
564856495650
5654
5655 5656
5657
56585659
5660
5661
56625663
Private Oop Ruimte
POR
POS
POR5223
POR
5286
POS
POS
PORGroepsbehuising
PrivateOop ruimte
PrivateOop ruimte
Priva
te O
op R
uimte
Private Oop Ruimte
POR
PrivateOop ruimte
PrivateOop ruimte
PrivateOop ruimte
PO
PrivateOop ruimte
BLU
E C
RAN
E R
OA
D 6
m
CAPE GANNET R
OAD 5 m
PAPAG
AAID
UIF 10m
NAMAKWADUIF 10m
KAMEELDUIF 5m
BLUE CRANE ROAD 13 m
BLUE CRANE ROAD 13 m
RIET
DUIK
ER RO
AD 5.
5 mCA PE GANNET R OAD 5 m
GUINEAFOWL ROAD 5.5m
G U INE A FO W L R O A D 5.5m
KINGFISHER ROAD 6 m
BLUE CRANE ROAD 8m
FISH EAGLE ROAD 5.5m
SECRETARY BIRD ROAD 5.5m E M E R A LD DU IF 5m
T O RT E L DU IF 5m
KRANSDUIF 10m
GU
INEAFO
WL R
OAD
5.5m
LEMOENDUIF
5 m
K R O O N K IE W I E T RO A D 5 m
WITBORSDUIF ROAD 5 m
BLUE C
RANE RO
AD 6 m
S E C R E T A R Y B IR D RO A D 5.5m
B L A CK E A G L E R O A D 5.5 m
B L A CK E A G LE RO A D 5 .5 m
CA PE FR ANC OL IN R OAD 5.5 mSE
CRET
ARY
B IR
D R
OAD
5.5
m
hockeyhockeycricket
School Building
Net ball
At hlet ics and /orrugby/soccer
Tennis
Rugby
Pool
1821517 m²
1681510 m²
1432 m²
2413 m²
13429 m²
14432 m²
15430 m²
16429 m²
17434 m²
18426 m²
19426 m²
20426 m²
21432 m²
22426 m² 23
426 m² 24409 m² 25
409 m² 26404 m² 27
404 m² 28404 m² 29
403 m²
30409 m²
31399 m²
32400 m²
33429 m²
34429 m²
35435 m²
36430 m²
37432 m²
38432 m²
39432 m²
40429 m²
41431 m²
42421 m²
43429 m²
44413 m²
45411 m²
46410 m²
47417 m²
48412 m²
49412 m² 50
412 m² 51412 m² 52
427 m² 53435 m² 54
435 m² 55436 m² 56
430 m²
57439 m²
58437 m²
59432 m²
60432 m²
61436 m²
62408 m²
63399 m²
64424 m²
65418 m²
66421 m²67
423 m²68426 m²
69423 m²
70401 m² 71
400 m²
72400 m²
73400 m²
74401 m² 75
401 m² 76401 m²
77400 m²
78422 m² 79
461 m² 80463 m²
81475 m²
82549 m²
83416 m²
84420 m²
85440 m²
86423 m²
87418 m²
88419 m²
89423 m²
90435 m²
91440 m²
92441 m²
93457 m²94
442 m²
49193 018 m²
Institutional I)
1451488 m²
1611503 m²
1621561 m²
1631503 m²
1641330 m² 165
1523 m²166
1645 m²
1671558 m²
1691497 m²
1701458 m²
1871508 m²
1881535 m²
1891538 m²
1901627 m²
1931545 m²
1941544 m²
1951544 m²
1961665 m²
1971574 m²
1981514 m²
1991421 m²
2001658 m²
2011485 m²202
1485 m²2031485 m²204
1485 m²2051430 m²
2061493 m²
2151486 m²
2161486 m²
2171547 m²
2181730 m²
2191498 m²
981368 m²
991368 m²
1001527 m²
1011501 m²
1021960 m²
1031754 m² 104
1586 m²105
1970 m²
1062022 m²
4191117 m²
4201193 m²
1071704 m²
1081486 m²
1091531 m²
1101721 m²
1112193 m²112
1460 m²113
1461 m²
1141460 m²
1151460 m²
1161460 m²
1171475 m²
1181499 m²
1191423 m²
1201418 m²
1211859 m²
1222048 m²
1232202 m² 124
2032 m² 1251861 m²
1262075 m²
1272117 m²
1282034 m²
1292063 m²
1301732 m²
1311846 m²
1321773 m²
1331710 m²
1341731 m² 135
1730 m² 1361727 m² 137
1735 m²
1381500 m²
1391500 m²
1401460 m²
1411460 m²
1421449 m²
1431460 m²
+73000 X
+85000 Y
+73000 X
+83000 Y
+75000 X
+85000 Y
+75000 X
+83000 Y
Gedeelte 15
Plaas No. 149
17/149
28/217
Rem 219
1/143
17/14942/149
101/217
2/217
118/217
11/217
48/149
30/14918/149
119/217
9/149
16/149
1441490 m²
1461503 m²
Club House
1471583 m²
1481580 m²
1491622 m²
1501550 m²
1511463 m²
1521848 m²
1531614 m²
1541525 m²
1551547 m²
1561530 m²
1571528 m²
1591503 m²
1601535 m²
1711498 m²
1721466 m²
1731995 m²
1741595 m²
1751767 m²
1761608 m²
1771897 m²
1781819 m²
1791754 m²
1801497 m²
1811624 m²
1831550 m²
1841585 m²
1851582 m² 186
1678 m²
1583124 m²
1921763 m²
2071535 m²
2081508 m²
2091508 m²
2101508 m²
2111524 m²
2121484 m²
2131530 m²
2141486 m²
2201498 m²
2211498 m²
2221495 m²
1911601 m²
2361427 m²
2371570 m²
2381364 m²
2391968 m²
2401526 m²
2411500 m²
2421500 m²
2431506 m²
2441494 m²
2451451 m²
2461448 m²
2471448 m²
2501438 m²
2541499 m²
2551488 m²
2571529 m²
2591526 m²
2601717 m² 262
1576 m²
2631491 m²
2641506 m²
2651453 m²
2661517 m²
2671500 m²
2681517 m²269
1552 m²
2701420 m²
2711675 m²
2721455 m²
2731450 m²
2741463 m²
2751424 m²
2761420 m²
2771422 m²
2781422 m²
279934 m²
280975 m²
281996 m²
282959 m²
283930 m² 284
1111 m²
285917 m²
286932 m²
287911 m²
2881007 m²
2891067 m²
2901023 m²
2911074 m²
292980 m²
2931281 m²
2941044 m²
2951123 m² 296
845 m²
297918 m²
2993001163 m² 1041m²
4141028 m²
4151028 m²
4161021 m²417
1020 m²
4181021 m²
12441 m²
3391011 m²
340990 m²
3411000 m²
3421054 m²
3431001 m²
3441029 m²
3451119 m²
3461177 m²
3471031 m²
348969 m²
349967 m²
362962 m²
363990 m²
3641001 m²
365990 m²
366991 m²
367990 m²
3681061 m²
3691007 m²
370990 m²
11430 m²
350952 m²
351952 m²
352983 m²
353991 m²
354996 m²
355985 m²
356987 m²
357991 m²
358938 m²
3591085 m²
360947 m²
3611000 m²371
1025 m²
372990 m²
373974 m²
374990 m²
4211189 m²
4221034 m²
4231034 m²
437987 m²
438986 m²
439868 m²
448857 m²
449989 m²
4501076 m²
451906 m²
452998 m²
453870 m²
454904 m²
455891 m²
456950 m²
457930 m²
458975 m²
459912 m²
464889 m²
4651016 m²
466997 m²
2981067m²
4671075 m²
4681028 m²
4691082 m²
413980 m²
389599 m²
3434 m²
4432 m²5
432 m²6426 m²
7427 m²
8428 m²
9431 m²
95437 m²
96441 m²
97452 m²
10431 m²
375980 m²
3761006 m²
3771068 m²
378912 m²
379918 m²
380985 m²
3811136 m²
3821027 m²
3831064 m²
3841148 m²
3851075 m²
3861275 m²
387995 m²
388986 m²
3901075 m²
3911139 m²
3921101 m²
3931098 m²
3941085 m²
395980 m²
396981 m²
397987 m²
400951 m²
4011216 m²
402980 m²
403982 m²
404959 m²
405998 m²
4061016 m²
4071063 m²
4081084 m²
4091054 m² 410
993 m²
411980 m²
4121012 m²
398970m²
3991221m²
523368 m²
492367 m²
493362 m²
494351 m²
495350 m²
496387 m²
497375 m²
498361 m²
499381 m²
500356 m² 501
372 m² 502364 m²
503366 m²
504368 m²
505360 m²
506355 m²
507384 m²
508363 m²
509399 m²
510379 m²
511387 m²
512390 m²
513390 m²
514388 m²
515391 m² 516
374 m²517
377 m²
518382 m²
519356 m²
520393 m² 521
393 m²
522380 m²
524367 m²
525387 m²
526382 m²
527359 m²
528387 m² 529
355 m²
530371 m²
531371 m²
532375 m²
533365 m²
534416 m²
535390 m² 536
381 m²
537358 m²
538370 m²
539366 m²
540364 m²
541387 m²
542396 m²
543365 m²
544376 m²
4905 946 m²
(Business I I )
441866 m²
440892 m²
442865 m²
443865 m²
444865 m²
445903 m²446
885 m²
447878 m²
4601067 m²
461966 m²
462986 m²
4631058 m²
47021 498 m²
483375 m²
5472 000 m²
(Municipal)
5482 000 m²
(Municipal)
2581508 m²
Acc
ess
Se
rvitu
de (
5m)
Dzombo Street
Kambaku Street
Ndlulamithi Street
Schingwedzi Street
João Street
Mav
alan
ga S
treet
Bidzane Street
Madolo Street
Timaka Street
Mcu
lu S
treet
Masasana Street
Mbazo Street
Ndlo
vane
Stre
et
Nto
mba
zana
Stre
et
Botsotso Street
Vusopfa
Stre
et
Matlakusa Street
Than
dam
amba
Stre
et
OUPOOT STREET
Ngonyama Street
Shawu Street
Mafunyane Street
Dzombo Street
1. Oupoot Street2. Mafunyane Street3. Ngonyama Street4. Shawu Street5. Dzombo Street6. Kambaku Street7. Ndlulamithi Street8. João Street9. Schingwedzi Street10. Mavalanga Street11. Bidzane Street12. Madolo Street13. Timaka Street14. Mculu Street15. Masasana Street16. Mbazo Street17. Ndlovane Street18. Ntombazana Street19. Botsotso Street20. Vusopfa Street21. Matlakusa Street22. Thandamamba Street
0m100m200m 200m
A4 = SCALE 1:20 000Graphic Scale
400m300m400mSUBDIVISION PLAN
PORTION 16 & REMAINDER OF PORTIONS 9 & 15OF THE FARM OUTENIQUASBOSCH NO 149
AND PTN 119 (was PTN 10) & 28 OF THEFARM HARTENBOSCH NO 217, DIVISION &
MUNICIPALITY OF MOSSEL BAYDRG NR. : PR04/17/L14 DATE: Dec 2017
PLAN 8
HA %
0,09
HA
0,500
%HA %HA %
TOTAL 556
1
569.137
HA
7,666
53,974
4,129
1,144
9,302
17,380
97
2
54
3
398
429,279
Residential Zone IIGroup housing (Erf size ± 400 m²)Erf No 1 - 97
Business Zone IIErf No 489 - 490
Institutional Zone I (Educational)Erf No 491
Residential Zone IErf No 98 -469; 470; 471-488;545-551
Private Roads
Open Space Zone II(Including clubhouse; Equestriancentre)
Authority / Utility (Cellphone Mast:Erf size ± 1000 m²)(Municipal Utility ± 2000 m²)Erf No 546 - 548
Agriculture Zone I(Remainder = Erf No 553)
%
1,35
9,48
0,73
0,20
1,63
3,05
75,43
100,00
45,7631 8,04
URBAN & ENVIRONMENTAL PLANNERS
7'
e-mail: [email protected]
STAD
S & O
MGEW
INGS
BEPL
ANNE
RS 21 Trotter Street, PO Box 2180KNYSNA 6570
(044) 382 0420086-459-2987
LEGEND: ZONINGS
QTYZONING QTYQTYQTYQTYResort Zone IIErf No 492 - 544; 552
STREET NAMES
Marike Vreken
23
1112
1314
22
21
5
12
3
7
16
17
19
4
6
25
18
89
10
15
20
24
4241028 m²
4251028 m²
4321033 m²
4331022 m²
4341017 m²
4351017 m²
436987 m²
4401043 m²
4411043 m²
4421029 m²
4441006 m²
445980 m²
446980 m²
4391076 m²
4261081 m²
4271021 m²
4281073 m² 429
1072 m²
4301006 m²
4311006 m²
4431036 m²
3381448 m²
3021482 m²305
1508 m²
3061498 m²
3071714 m²
3081558 m²
3091720 m²
3101471 m²
3111518 m²
3121505 m²
3131465 m²
3141498 m²
3151527 m²
3161582 m²
3171507 m²
3181508 m²
3191545 m²
3201608 m²
3211505 m²
3221505 m²323
1608 m²
3241509 m²
3251509 m²
3261499 m²
3271480 m²
3281461 m²
3291494 m²
3301536 m²
3311494 m²
3321461 m²
3331449 m²
3341518 m²
3351468 m²
3361467 m²
3371432 m²
3011508 m²
3031561 m²
3041510 m²
Kambaku Street
Ngonyama Street
Shawu Street
Dzombo Street
Ngonyama Street6629 6631
663266336634
66356636
6637
6581
6582
66256626 6627 6628 6630
658865896590
6583
6584658565866587
6571 6572 6573 6574 6575
6577
6578
6579
6599 66006601 6602 6603
66046605660666076608
6646
6647
66486649
65616562
65636564
6565 6566 6567 6568 6569 6570
65916592
6593 6594 6595 6596 6597 6598
660966106611661266136614
66156616
654865496550
65516552
655365546555
6556
6557
6558
6559
6560
6645
6617 66186619
66206621
6622 66236624
663866396640
66416642
66436644
7298
7299
7307
73217322
73237324
7325
65396540654165426543
6544
6545
65286529
6530 65316532 6533
6534
65376538
7308
730973107311
73127313
7314
7315
1512m²
1637m²1559m² 1512m²
1519m²
1512m²1512m²
1512m²
2283m²
1526m²1500m²
1500m² 1500m²
1500m²1500m²
1500m² 1517m²
1891m²
1504m²
1504m²
1775m²
1736m²
1736m²
1736m²1736m² 1775m²
2075m²2121m²
2020m²2054m²
1800m²
1834m²
1532m²
1500m²
1704m²
424m²426m²
421m²
443m²
429m²431m²
425m²
440m²456m²444m²
451m²448m²
565m²
453m²
425m²425m²
439m²
480m² 484m²
453m²
439m² 439m²
430m²
426m²
424m²422m²423m²437m²
437m²437m²
437m²445m²
431m²
432m²
438m²
401m²
401m²
401m²401m²
401m²402m²415m²
429m²430m²408m² 438m²
430m²
475m²
424m²424m²
424m²424m²
424m²424m²
424m²424m²
409m²
409m²
409m²409m²
409m²409m²
409m²
444m² 444m² 444m² 444m² 444m²444m²
454m²454m²
454m²
412m²
412m²
410m²
412m²
412m²
424m²437m²
452m²
433m²433m²
433m²433m²
444m²
442m²442m²
442m²
431m²
430m²
475m²
430m²
439m²
439m² 410m²
4895 768 m²
(Business II)
OUPOOT STREET
1
2
36535
6536
410m²6576
424m²6580
5394
URBAN & ENVIRONMENTAL PLANNERS
7'
e-mail: [email protected]
STAD
S & O
MGEW
INGS
BEPL
ANNE
RS
21 Trotter Street, PO Box 2180KNYSNA 6570
(044) 382 0420086-459-2987Marike Vreken
PHASE 1 - 3
12
13
14
15
1622
23
2425
26 2728
30
31
32
34
35
36
37383940
41
4243
44
45
4647 48 49 50
51
5253
5455
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68
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7879
8081
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84
858687
88
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9192
9394
12
11
3
4
5
67
8
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95
969710
2120191817
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142 141140
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116115 114 113 112
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33
Dzombo Street
Kambaku Street
Ndlulamithi Street
Mbazo Street
Ndl
ovan
e St
reet
Ndlulamithi Street
358
282895 m²
283886 m²
284893 m²
285
286940 m²
287923 m²
288
7327
7335
733673377338
7332
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7330
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7352
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7358 7359
7360
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73027303 7304 7305
7306
6545
65286529 6530 6531 6532 6533 6534
7326
7308
730973107311
73127313
73147315
1653m²
1653m²
1534m²
1535m²
1601m²
1604m²
1602m²
1600m²
1600m²1833m²1616m²
1624m²
1804m²
1653m²2007m²
2121m²
1500m²1611m²
1461m²
1502m²
1632m²1632m²1460m²
1535m²
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1535m²
1707m²1607m²
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1596m²
1581m²1618m²
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1624m²1512m²
1755m²
1837m²
1639m²
1606m²
1504m²
1504m²
1981m²
2025m²
1616m²1804m²2080m²
1775m²
1736m²
1736m²1736m²
1736m² 1775m²
2000m²2019m²
2075m²2121m²
2057m²2110m²
2038m²
2020m²2054m²
1800m²1834m²
1532m²
1500m²
1704m²
6535
8
10
5335
5340
53415342
5343
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5350
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5354
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5361
POS
POR
Club House
URBAN & ENVIRONMENTAL PLANNERS
7'
e-mail: [email protected]
STAD
S &
OMGE
WING
SBEP
LANN
ERS
21 Trotter Street, PO Box 2180KNYSNA 6570
(044) 382 0420086-459-2987Marike Vreken
PHASE 8 & 10
98
99
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101
102103 104 105
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109
121 122123
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CONSTITUTION
OF
OUTENIQUASBOSCH HOME-OWNERS ASSOCIATION
OUTENIQUASBOSCHThe Wildlife Village
[WvB/jb/W23893/V330 : CONSTITUTION : OUTENIQUASBOSCH HOMEOWNERS ASSOCIATION : 26/09/2019] 1
OUTENIQUASBOSCH
HOMEOWNERS ASSOCIATION
1. NAME
The name of the association is Outeniquasbosch Homeowners Association.
2. DEFINITIONS AND INTERPRETATIONS
2.1 In this constitution, unless inconsistent with or otherwise indicated by the context, the following terms shall have the following meanings assigned to them :
2.1.1 "AGM" means the annual general meeting of the Association as referred to in clause clauses 9.1.1 and 9.1.3;
2.1.2 “alienate” with reference to any erf or any part thereof, includes alienation by way of sale, exchange, donation, inheritance, cession, assignment and letting for more than 10 (ten) years to the same person, irrespective of whether such alienation is subject to a suspensive or resolutive condition, and ‘alienation’ shall have a
corresponding meaning;
2.1.3 "the approvals" means all statutory approvals relating in any manner to the zoning and development of Outeniquabosch including but not limited to approvals granted in terms of LUPO, LUPA, any Record of Decision issued by a national or provincial Department of Environmental Affairs and Development Planning and any approval relating to the construction of roads and the supply of water, electricity, sewer and refuse removal services;
2.1.4 "the Architectural Design Manual" and "ADM" means the manual describing the architectural design of buildings in the development and matters related thereto approved in writing by the developer before the first transfer of an erf in the development in the name of a member, as amended from time to time in terms of clause 10.1.6;
2.1.5 "the Architectural Rules" means the rules relating in general to the approval and execution of building plans and matters incidental thereto approved in writing by the developer before the first transfer of an erf in the development in the name of a member, as amended from time to time in terms of clause 10.1.7;
OUTENIQUASBOSCHThe Wildlife Village
MEMBERSHIP FORM
ACCEPTANCE OF THE CONSTITUTION OF OUTENIQUASBOSCH HOMEOWNERS ASSOCIATION
I, the undersigned purchaser, who purchased the property referred to in paragraph 1 hereby accept that I will upon transfer of the property into my name become a member of the Outeniquasbosch Homeowners Association, a Homeowners Association established to manage, regulate and control the use of properties located within the development area generally known as Outeniquasbosch at Hartenbos. I accept the terms and conditions of the Constitution of Outeniquasbosch Homeowners Association and agree to comply with the terms thereof, which shall remain binding upon me for as long as I remain the registered owner of the property. For the avoidance of doubt I furthermore confirm that I will at all times be bound by the terms of the Architectural Design Manual, the Architectural Rules, the Construction Rules and the Schedule of Contraventions and Penalties as provide for in terms of the Constitution as the same may from time to time be amended as well as the rules that may otherwise from time to time be prescribed in terms of the Constitution.
1. PURCHASER / TRANSFEREE
Name: ________________________________________________________
Identity Number / Registration Number: ______________________________
Address: ______________________________________________________
Landline / cell phone number: ______________________________________
E-mail address: _________________________________________________
2. PROPERTY
Erf Number, Hartenbos : __________________________________________
Date of purchase: _______________________________________________
The terms herein set out are stipulations by the seller of the property for the benefit of Outeniquasbosch Homeowners Association, which are irrevocable and open for acceptance by the Homeowners Association at any time, but which will in any event for all purposes be deemed to have been accepted by the Homeowners Association upon the date of registration of transfer of the property into my name.
I hereby acknowledge that I have had access to the latest versions of the documents referred to in the first paragraph of this document and that I accept the terms thereof.
By my signature hereto I confirm having read the said documents before I signed this form of acceptance and confirm that I understand the terms thereof.
FULL NAMES NAME OF AUTHORISED REPRESENTATIVE AND ID
NUMBER
SIGNATURE DATE
Purchaser / Transferee:
_______________________
Seller:
_______________________
`
ARCHITECTURAL DESIGN MANUAL – October 2019
Page 2 of 57
1.0 INTRODUCTION ……………………………………………………………………………………………………….. 3 2.0 REGULATORY DEFINITIONS …………………………………………………………………………………….. 4 3.0 DEFINING THE ARCHITECTURE ……………………………………………………………………………….. 10 4.0 DESIGN MANUAL ……………………………………………………………………………………………………. 13 5.0 ERF TYPES KEY PLANS …………………………………………………………………………………………….. 26 6.0 PROCEDURE FOR APPROVAL OF PLANS ………………………………………………………………… 38 7.0 LANDSCAPE MANUAL ……………………………………………………………………………………………. 40 8.0
APPENDIX A: WALL COLOURS ……………………………………………………………………………….. 42
APPENDIX B: GUIDELINE PLANTING LIST ……………………………………………………………….. 43
APPENDIX C: CONCEPT BUILDING PLAN SUBMISSION FORM ……….………………………. 52
APPENDIX D: FINAL BUILDING PLAN APPLICATION FORM ……….…………………………… 54
APPENDIX E: ALTERATIONS APPLICATION FORM …………………………………………………. 56
TABLE OF CONTENTS