1.

a) The Purchaser will not erect or place any building other than a single new residential home having a closed in floor area (exclusive of basement, carport or garage) of not less than 100m2, excluding eaves and decks, and a garage or other buildings as would usually be appurtenant or ancillary to a single car dwelling house provided that such garage or other building can only be erected once the dwelling is first erected and such garage or other building shall be of a design that is architecturally in keeping with the dwelling. The Purchaser will not commence construction without first obtaining the written approval of the Vendor to the plans and specifications and the exterior design, colour and appearance of the proposed dwelling house, such approval to be at the Vendors complete discretion.

b) Construction of the dwelling is to be completed within 9 months of commencement of laying foundations and within that 9 month period a driveway or vehicle access in a permanent continuous surface.

c) Lawns are to be laid and fences completed within a further period of 12 months. The cartilage is to be kept trimmed and tidy at all times.

d) The entire lot shall be kept tidy and free of debris.

e) The land is not to be occupied or used as a dwelling until the dwelling has been substantially completed in accordance with these covenants and the local authority consent.

f) The Purchaser acknowledges and agrees with the Vendor that each lot in the subdivision forms part of a development which is intended to be established and maintained as a modern subdivision for private ownership and no commercial activity or usage principally for subsidized or communal housing shall be permitted.

g) Once construction of the dwelling has been substantially completed the Purchaser will not allow to remain on the land any temporary dwelling, caravan, bus, trade vehicle or other equipment or materials or machinery unless garaged or screened so as to preserve the amenities of the neighborhood and to prevent noise likely to cause offence to residences in the subdivision. No recreation or commercial vehicles or trailers are to be regularly parked on the street or footpath nor in front of the building line of the dwelling on the land.

h) No lot shall be further subdivided unless a 55 metre diameter circle can be fully enclosed within each now proposed lot. Areas subject to a right of way cannot be included in the 55 metre circle.

2.

Once all the lots within the Vendors subdivision have been built upon the Vendor shall not be responsible for administration of or compliance with these covenants.

3.

If there should be any breach of non-observance of any of the foregoing covenants and without prejudice to any liability which the Purchaser may have to any person having the benefit of this covenant, should the Purchaser not rectify the breach of non-observance of any of the foregoing covenants within 15 working days of the written demand being made by the Vendor or any of the registered proprietors of the Lots, then the Purchaser will:

a) Pay the person making such demands as liquidated damages the sum of $200 per day for every day that such breach or non-observance continues after the date upon which written demand had been made together with any costs and expenses incurred by the Vendor or any registered proprietor to remedy the breach of non-observance;
b) Remove or cause to be removed from the land any secondhand or used dwelling house, garage, carport building or other structure erected or placed on the land in breach of non-observance of the foregoing covenants;
c) Cease any activity in breach of those covenants.

The covenants contained in this clause shall run with the land and shall be at the discretion of the Vendor incorporated in any Memorandum of Transfer to the Purchaser executed pursuant to the agreement or in the alternative the covenants may be added to the title to each lot by the Vendor, prior to the title date AND THE PURCHASER DOTH HEREBY COVENANT with the Vendor that if the Purchaser shall transfer, assign or otherwise dispose of his interest in the land then he shall make transfer, assignment or disposition subject to the provisions of this clause and shall procure from the transferee or assignee a Deed of Covenant in favour of the Vendor whereby such Purchaser or assignee undertakes to fulfill the Purchaser’s obligations under this clause.