Common use of IMPROVEMENTS TO PROPERTY Clause in Contracts

IMPROVEMENTS TO PROPERTY. 12.1 The Property shall be maintained and all improvements thereon shall be erected and maintained in accordance with the requirements of the Constitution and to the satisfaction of the HOA. 12.2 All improvements to the Property, including any alterations to existing improvements, shall be carried out in accordance with the building plans approved by the HOA. 12.3 The plans of all buildings, boundary walls or other structures to be erected on the Property shall comply with any architectural guidelines prescribed by the HOA, as amended by the HOA, from time to time. 12.4 The Purchaser acknowledges that it is fully aware and satisfied with the contents of the Guide. 12.5 All plans must be submitted to the HOA for its approval prior to submission to the Drakenstein Municipality for its approval. A fee for the scrutinising and approval of such plans by the HOA will be payable by the Purchaser. Such fees for scrutinising work done by the HOA will be determined by them from time to time. 12.6 Building operations may not be proceeded with before the written consents of the HOA and the local authority have been endorsed on such plan and no building and / or structure shall be erected other than strictly in accordance with such approved plan. 12.7 Any amendments and/or variations to the building plans may only be undertaken by the Purchaser with the HOA and local authority’s prior written consent, which consent shall not be unreasonably withheld. 12.8 It is agreed that the aforegoing and any architectural guidelines prescribed by the HOA may be included in the title deed of the Property. 12.9 The Purchaser acknowledges and agrees that it shall ensure that all its visitors, invitees, employees, representatives and/or contractors comply with the provisions of the Constitution. 12.10 The Purchaser shall grant the Seller’s and/or the HOA’s representatives access to the Property in order to ensure compliance with the provisions of this clause 12. 12.11 The Purchaser undertakes that it shall develop the Property within a period of 24 (twenty four) months from the date of the first owner’s possession of the Property by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time and shall complete all building works as aforesaid within 36 (thirty six) months after the date of registration of transfer of the erf into the name of the first owner thereof, failing which the Purchaser shall pay to the HOA such penalty levies as are prescribed in terms of the Constitution from time to time and the Purchaser accepts that such levies are reasonable and necessary in order to ensure that building work on the Development is finished within a reasonable time, it being recorded, however, that in the case of a Distressed Sale such penalty levies payable by the Purchaser as a result of failure by the Purchaser to timeously commence or complete the development of the Property as aforesaid, will be waived by the HOA.

Appears in 16 contracts

Samples: Sale of Immovable Property Agreement, Sale of Immovable Property Agreement, Sale of Immovable Property Agreement

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IMPROVEMENTS TO PROPERTY. 12.1 The Property shall be maintained and all improvements thereon shall be erected and maintained in accordance with the requirements of the Constitution and to the satisfaction of the HOA. 12.2 All improvements to the Property, including any alterations to existing improvements, shall be carried out in accordance with the building plans approved by the HOA. 12.3 The plans of all buildings, boundary walls or other structures to be erected on the Property shall comply with any architectural guidelines prescribed by the HOA, as amended by the HOA, from time to time. 12.4 The Purchaser acknowledges that it is fully aware and satisfied with the contents of the Guide. 12.5 All plans must be submitted to the HOA for its approval prior to submission to the Drakenstein Municipality for its approval. A fee for the scrutinising and approval of such plans by the HOA will be payable by the Purchaser. Such fees for scrutinising work done by the HOA will be determined by them from time to time. 12.6 Building operations may not be proceeded with before the written consents of the HOA and the local authority have been endorsed on such plan and no building and / or structure shall be erected other than strictly in accordance with such approved plan. 12.7 Any amendments and/or variations to the building plans may only be undertaken by the Purchaser with the HOA and local authority’s prior written consent, which consent shall not be unreasonably withheld. 12.8 It is agreed that the aforegoing and any architectural guidelines prescribed by the HOA may be included in the title deed of the Property. 12.9 The Purchaser acknowledges and agrees that it shall ensure that all its visitors, invitees, employees, representatives and/or contractors comply with the provisions of the Constitution. 12.10 The Purchaser shall grant the Seller’s and/or the HOA’s representatives access to the Property in order to ensure compliance with the provisions of this clause 12. 12.11 The Purchaser undertakes that it shall develop the Property within a period of 24 36 (twenty fourthirty six) months from the date of the first owner’s possession of the Property by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time and shall complete all building works as aforesaid within 36 48 (thirty sixforty eight) months after the date of registration of transfer of the erf into the name of the first owner thereof, failing which the Purchaser shall pay to the HOA such penalty levies as are prescribed in terms of the Constitution from time to time and the Purchaser accepts that such levies are reasonable and necessary in order to ensure that building work on the Development is finished within a reasonable time, it being recorded, however, that in the case of a Distressed Sale such penalty levies payable by the Purchaser as a result of failure by the Purchaser to timeously commence or complete the development of the Property as aforesaid, will be waived by the HOA.

Appears in 4 contracts

Samples: Sale of Immovable Property Agreement, Sale of Immovable Property Agreement, Sale of Immovable Property Agreement

IMPROVEMENTS TO PROPERTY. 12.1 The Property shall be maintained and all improvements thereon shall be erected and maintained in accordance with the requirements of the Constitution and to the satisfaction of the HOA. 12.2 All improvements to the Property, including any alterations to existing improvements, shall be carried out in accordance with the building plans approved by the HOA. 12.3 The plans of all buildings, boundary walls or other structures to be erected on the Property shall comply with any architectural guidelines prescribed by the HOA, as amended by the HOA, from time to time. 12.4 The Purchaser acknowledges that it is fully aware and satisfied with the contents of the Guide. 12.5 All plans must be submitted to the HOA for its approval prior to submission to the Drakenstein Municipality for its approval. A fee for the scrutinising and approval of such plans by the HOA will be payable by the Purchaser. Such fees for scrutinising work done by the HOA will be determined by them from time to time. 12.6 Building operations may not be proceeded with before the written consents of the HOA and the local authority have been endorsed on such plan and no building and / or structure shall be erected other than strictly in accordance with such approved plan. 12.7 Any amendments and/or variations to the building plans may only be undertaken by the Purchaser with the HOA and local authority’s prior written consent, which consent shall not be unreasonably withheld. 12.8 It is agreed that the aforegoing and any architectural guidelines prescribed by the HOA may be included in the title deed of the Property. 12.9 The Purchaser acknowledges and agrees that it shall ensure that all its visitors, invitees, employees, representatives and/or contractors comply with the provisions of the Constitution. 12.10 The Purchaser shall grant the Seller’s and/or the HOA’s representatives access to the Property in order to ensure compliance with the provisions of this clause 12. 12.11 The Purchaser undertakes that it shall develop the Property within a period of 24 (twenty four) months from the date of the first owner’s possession of the Property by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time and shall complete all building works as aforesaid within 36 (thirty six) months after the date of registration of transfer of the erf into the name of the first owner thereof, failing which the Purchaser shall pay to the HOA such penalty levies as are prescribed in terms of the Constitution from time to time and the Purchaser accepts that such levies are reasonable and necessary in order to ensure that building work on the Development is finished within a reasonable time, it being recorded, however, that in the case of a Distressed Sale such penalty levies payable by the Purchaser as a result of failure by the Purchaser to timeously commence or complete the development of the Property as aforesaid, will be waived by the HOA.

Appears in 3 contracts

Samples: Sale of Immovable Property Agreement, Sale of Immovable Property Agreement, Sale of Immovable Property Agreement

IMPROVEMENTS TO PROPERTY. 12.1 13.1 The Property shall be maintained and all improvements thereon shall be erected and maintained in accordance with the requirements of the Constitution and to the satisfaction of the HOA. 12.2 13.2 All improvements to the Property, including any alterations to existing improvements, shall be carried out in accordance with the building plans approved by the HOA. 12.3 13.3 The plans of all buildings, boundary walls or other structures to be erected on the Property shall comply with any architectural guidelines prescribed by the HOA, as amended by the HOA, from time to time. 12.4 13.4 The Purchaser acknowledges that it is fully aware and satisfied with the contents of the Guide. 12.5 13.5 All plans must be submitted to the HOA for its approval prior to submission to the Drakenstein Municipality for its approval. A fee for the scrutinising and approval of such plans by the HOA will be payable by the Purchaser. Such fees for scrutinising work done by the HOA will be determined by them from time to time. 12.6 13.6 Building operations may not be proceeded with before the written consents of the HOA and the local authority have been endorsed on such plan and no building and / or structure shall be erected other than strictly in accordance with such approved plan. 12.7 13.7 Any amendments and/or variations to the building plans may only be undertaken by the Purchaser with the HOA and local authority’s prior written consent, which consent shall not be unreasonably withheld. 12.8 13.8 It is agreed that the aforegoing and any architectural guidelines prescribed by the HOA may be included in the title deed of the Property. 12.9 13.9 The Purchaser acknowledges and agrees that it shall ensure that all its visitors, invitees, employees, representatives and/or contractors comply with the provisions of the Constitution. 12.10 13.10 The Purchaser shall grant the Sellerxxxxx Xxx de Vie’s and/or the HOA’s representatives access to the Property in order to ensure compliance with the provisions of this clause 12. 12.11 13.11 The Purchaser undertakes that it shall develop the Property within a period of 24 36 (twenty fourthirty six) months from the date of the first owner’s possession of the Property by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time and shall complete all building works as aforesaid within 36 48 (thirty sixforty eight) months after the date of registration of transfer of the erf into the name of the first owner thereof, failing which the Purchaser shall pay to the HOA such penalty levies as are prescribed in terms of the Constitution from time to time and the Purchaser accepts that such levies are reasonable and necessary in order to ensure that building work on the Reserves Development is finished within a reasonable time, it being recorded, however, that in the case of a Distressed Sale such penalty levies payable by the Purchaser as a result of failure by the Purchaser to timeously commence or complete the development of the Property as aforesaid, will be waived by the HOA.

Appears in 3 contracts

Samples: Sale of Immovable Property Agreement, Sale of Immovable Property Agreement, Sale of Immovable Property Agreement

IMPROVEMENTS TO PROPERTY. 12.1 14.1 The Property shall be maintained and all improvements thereon shall be erected and maintained in accordance with the requirements of the Constitution and to the satisfaction of the HOA. 12.2 14.2 All improvements to the Property, including any alterations to existing improvements, shall be carried out in accordance with the building plans approved by the HOA. 12.3 14.3 The plans of all buildings, boundary walls or other structures to be erected on the Property shall comply with any architectural guidelines prescribed by the HOA, as amended by the HOA, from time to time. 12.4 14.4 The Purchaser acknowledges that it is fully aware and satisfied with the contents of the Guide. 12.5 14.5 All plans must be submitted to the HOA for its approval prior to submission to the Drakenstein Municipality for its approval. A fee for the scrutinising and approval of such plans by the HOA will be payable by the Purchaser. Such fees for scrutinising work done by the HOA will be determined by them from time to time. 12.6 14.6 Building operations may not be proceeded with before the written consents of the HOA and the local authority have been endorsed on such plan and no building and / or structure shall be erected other than strictly in accordance with such approved plan. 12.7 14.7 Any amendments and/or variations to the building plans may only be undertaken by the Purchaser with the HOA and local authority’s prior written consent, which consent shall not be unreasonably withheld. 12.8 14.8 It is agreed that the aforegoing and any architectural guidelines prescribed by the HOA may be included in the title deed of the Property. 12.9 14.9 The Purchaser acknowledges and agrees that it shall ensure that all of its visitors, invitees, employees, representatives and/or contractors comply with the provisions of the Constitution. 12.10 The Purchaser shall grant the Seller’s and/or the HOA’s representatives access to the Property in order to ensure compliance with the provisions of this clause 12. 12.11 14.10 The Purchaser undertakes that it shall develop the Property within a period of 24 (twenty four) months from the date of the first owner’s possession of the Property by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time and shall complete all building works as aforesaid within 36 (thirty six) months after the date of registration of transfer of the erf into the name of the first owner thereof, failing which the Purchaser shall pay to the HOA such penalty levies as are prescribed in terms of the Constitution from time to time and the Purchaser accepts that such levies are reasonable and necessary in order to ensure that building work on the Development is finished within a reasonable time, it being recorded, however, that in the case of a Distressed Sale such penalty levies payable by the Purchaser as a result of failure by the Purchaser to timeously commence or complete the development of the Property as aforesaid, will be waived by the HOA. 14.11 If – 14.11.1 the Purchaser fails to comply with the provisions of clause 14.10; or

Appears in 3 contracts

Samples: Sale of Immovable Property Agreement, Sale of Immovable Property Agreement, Sale of Immovable Property Agreement

IMPROVEMENTS TO PROPERTY. 12.1 18.1 The Property shall be maintained and all improvements Improvements thereon shall be erected and maintained in accordance with the requirements of the Constitution and to the satisfaction of the HOA. 12.2 18.2 All improvements Improvements to the Property, including any alterations to existing improvementsImprovements, shall be carried out in accordance with the building plans approved by the HOA. 12.3 18.3 The plans of all buildings, boundary walls or other structures to be erected on the Property shall comply with any architectural guidelines prescribed by the HOA, as amended by the HOA, from time to time. 12.4 18.4 The Purchaser acknowledges that it is fully aware and satisfied with the contents of the Guide. 12.5 18.5 All plans must be submitted to the HOA for its approval prior to submission to the Drakenstein Municipality for its approval. A fee for the scrutinising and approval of such plans by the HOA will be payable by the Purchaser. Such fees for scrutinising work done by the HOA will be determined by them from time to time. 12.6 18.6 Building operations on the Property, including any alterations to existing improvements on the Property, may not be proceeded with commence before the written consents of the HOA and the local authority have been endorsed on such plan and no the Purchaser’s building and / or structure shall be erected other than strictly in accordance with such approved plan. 12.7 18.7 Any amendments and/or variations to the building plans may only be undertaken by the Purchaser with the HOA and local authority’s prior written consent, which consent shall not be unreasonably withheld. 12.8 18.8 It is agreed that the aforegoing and any architectural guidelines prescribed by the HOA may be included in the title deed of the Property. 12.9 18.9 The Purchaser acknowledges and agrees that it shall ensure that all of its visitors, invitees, employees, representatives and/or contractors comply with the provisions of the Constitution. 12.10 18.10 The Purchaser shall grant the Seller’s and/or the HOA’s representatives access to the Property in order to ensure compliance with the provisions of this clause 1218. 12.11 18.11 The Purchaser undertakes that it shall develop grant the Seller’s and/or the HOA’s representatives access to the Property within a period of 24 (twenty four) months from the date of the first owner’s possession of the Property by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time and shall complete all building works as aforesaid within 36 (thirty six) months after the date of registration of transfer of the erf into the name of the first owner thereof, failing which the Purchaser shall pay to the HOA such penalty levies as are prescribed in terms of the Constitution from time to time and the Purchaser accepts that such levies are reasonable and necessary in order to ensure that building work on compliance with the Development is finished within a reasonable time, it being recorded, however, that in the case provisions of a Distressed Sale such penalty levies payable by the Purchaser as a result of failure by the Purchaser to timeously commence or complete the development of the Property as aforesaid, will be waived by the HOAthis clause 18.

Appears in 2 contracts

Samples: Sale of Immovable Property Agreement, Sale of Immovable Property Agreement

IMPROVEMENTS TO PROPERTY. 12.1 13.1 The Property shall be maintained and all improvements thereon shall be erected and maintained in accordance with the requirements of the Constitution and to the satisfaction of the HOA. 12.2 13.2 All improvements to the Property, including any alterations to existing improvements, shall be carried out in accordance with the building plans approved by the HOA. 12.3 13.3 The plans of all buildings, boundary walls or other structures to be erected on the Property shall comply with any architectural guidelines prescribed by the HOA, as amended by the HOA, from time to time. 12.4 13.4 The Purchaser acknowledges that it is fully aware and satisfied with the contents of the Guide. 12.5 13.5 All plans must be submitted to the HOA for its approval prior to submission to the Drakenstein Municipality for its approval. A fee for the scrutinising and approval of such plans by the HOA will be payable by the Purchaser. Such fees for scrutinising work done by the HOA will be determined by them from time to time. 12.6 13.6 Building operations may not be proceeded with before the written consents of the HOA and the local authority have been endorsed on such plan and no building and / or structure shall be erected other than strictly in accordance with such approved plan. 12.7 13.7 Any amendments and/or variations to the building plans may only be undertaken by the Purchaser with the HOA and local authority’s prior written consent, which consent shall not be unreasonably withheld. 12.8 13.8 It is agreed that the aforegoing and any architectural guidelines prescribed by the HOA may be included in the title deed of the Property. 12.9 13.9 The Purchaser acknowledges and agrees that it shall ensure that all its visitors, invitees, employees, representatives and/or contractors comply with the provisions of the Constitution. 12.10 13.10 The Purchaser shall grant the Sellerxxxxx Xxx de Vie’s and/or the HOA’s representatives access to the Property in order to ensure compliance with the provisions of this clause 12. 12.11 13.11 The Purchaser undertakes that it shall develop the Property within a period of 24 (twenty four) months from the date of the first owner’s possession of the Property by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time and shall complete all building works as aforesaid within 36 (thirty six) months after the date of registration of transfer of the erf into the name of the first owner thereof, failing which the Purchaser shall pay to the HOA such penalty levies as are prescribed in terms of the Constitution from time to time and the Purchaser accepts that such levies are reasonable and necessary in order to ensure that building work on the Reserves Development is finished within a reasonable time. 13.12 If the Purchaser fails to comply with the provisions of clause 13.11, Val de Vie shall be entitled, without prejudice to any other rights which it being recorded, however, that in may have and/or at law and at its election to – 13.12.1 repurchase the case of a Distressed Sale such penalty levies payable Property from the Purchaser for an amount equal to the original purchase price paid by the Purchaser as a result in terms of failure this Agreement (inclusive of VAT), provided that all costs of transfer in respect of such repurchase shall be for the account of the Purchaser; or 13.12.2 sell the Property to any third party for an amount of not less than the original purchase price (inclusive of VAT) paid by the Purchaser to timeously commence or complete in terms of this Agreement. The Purchaser hereby irrevocably and in rem suam appoints Val de Vie as his duly authorised agent for purposes of such sale, provided that all costs of transfer in respect of such sale shall be for the development account of the Property as aforesaid, will be waived by the HOArelevant third party.

Appears in 2 contracts

Samples: Sale of Immovable Property Agreement, Sale of Immovable Property Agreement

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IMPROVEMENTS TO PROPERTY. 12.1 13.1 The Property shall be maintained and all improvements thereon shall be erected and maintained in accordance with the requirements of the Constitution and to the satisfaction of the HOA. 12.2 13.2 All improvements to the Property, including any alterations to existing improvements, shall be carried out in accordance with the building plans approved by the HOA. 12.3 13.3 The plans of all buildings, boundary walls or other structures to be erected on the Property shall comply with any architectural guidelines prescribed by the HOA, as amended by the HOA, from time to time. 12.4 13.4 The Purchaser acknowledges that it is fully aware and satisfied with the contents of the Guide. 12.5 13.5 All plans must be submitted to the HOA for its approval prior to submission to the Drakenstein Municipality for its approval. A fee for the scrutinising and approval of such plans by the HOA will be payable by the Purchaser. Such fees for scrutinising work done by the HOA will be determined by them from time to time. 12.6 13.6 Building operations may not be proceeded with before the written consents of the HOA and the local authority have been endorsed on such plan and no building and / or structure shall be erected other than strictly in accordance with such approved plan. 12.7 13.7 Any amendments and/or variations to the building plans may only be undertaken by the Purchaser with the HOA and local authority’s prior written consent, which consent shall not be unreasonably withheld. 12.8 13.8 It is agreed that the aforegoing and any architectural guidelines prescribed by the HOA may be included in the title deed of the Property. 12.9 13.9 The Purchaser acknowledges and agrees that it shall ensure that all its visitors, invitees, employees, representatives and/or contractors comply with the provisions of the Constitution. 12.10 13.10 The Purchaser shall grant the SellerLevendal’s and/or the HOA’s representatives access to the Property in order to ensure compliance with the provisions of this clause 12. 12.11 13.11 The Purchaser undertakes that it shall develop the Property within a period of 24 36 (twenty fourthirty six) months from the date of the first owner’s possession of the Property by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time and shall complete all building works as aforesaid within 36 48 (thirty sixforty eight) months after the date of registration of transfer of the erf into the name of the first owner thereof, failing which the Purchaser shall pay to the HOA such penalty levies as are prescribed in terms of the Constitution from time to time and the Purchaser accepts that such levies are reasonable and necessary in order to ensure that building work on the Development River Club Estate is finished within a reasonable time, it being recorded, however, that in the case of a Distressed Sale such penalty levies payable by the Purchaser as a result of failure by the Purchaser to timeously commence or complete the development of the Property as aforesaid, will be waived by the HOA.

Appears in 1 contract

Samples: Sale of Immovable Property Agreement

IMPROVEMENTS TO PROPERTY. 12.1 13.1 The Property shall be maintained and all improvements thereon shall be erected and maintained in accordance with the requirements of the Constitution and to the satisfaction of the HOA. 12.2 13.2 All improvements to the Property, including any alterations to existing improvements, shall be carried out in accordance with the building plans approved by the HOA. 12.3 13.3 The plans of all buildings, boundary walls or other structures to be erected on the Property shall comply with any architectural guidelines prescribed by the HOA, as amended by the HOA, from time to time. 12.4 13.4 The Purchaser acknowledges that it is fully aware and satisfied with the contents of the Guide. 12.5 13.5 All plans must be submitted to the HOA for its approval prior to submission to the Drakenstein Municipality for its approval. A fee for the scrutinising and approval of such plans by the HOA will be payable by the Purchaser. Such fees for scrutinising work done by the HOA will be determined by them from time to time. 12.6 13.6 Building operations may not be proceeded with before the written consents of the HOA and the local authority have been endorsed on such plan and no building and / or structure shall be erected other than strictly in accordance with such approved plan. 12.7 13.7 Any amendments and/or variations to the building plans may only be undertaken by the Purchaser with the HOA and local authority’s prior written consent, which consent shall not be unreasonably withheld. 12.8 13.8 It is agreed that the aforegoing and any architectural guidelines prescribed by the HOA may be included in the title deed of the Property. 12.9 13.9 The Purchaser acknowledges and agrees that it shall ensure that all its visitors, invitees, employees, representatives and/or contractors comply with the provisions of the Constitution. 12.10 13.10 The Purchaser shall grant the Seller’s and/or the HOA’s representatives access to the Property in order to ensure compliance with the provisions of this clause 1213. 12.11 13.11 The Purchaser undertakes that it shall develop the Property within a period of 24 (twenty four) months from the date of the first owner’s possession of the Property by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time and shall complete all building works as aforesaid within 36 (thirty six) months after the date of registration of transfer of the erf into the name of the first owner thereof, failing which the Purchaser shall pay to the HOA such penalty levies as are prescribed in terms of the Constitution from time to time and the Purchaser accepts that such levies are reasonable and necessary in order to ensure that building work on the Development is finished within a reasonable time, it being recorded, however, that in the case of a Distressed Sale such penalty levies payable by the Purchaser as a result of failure by the Purchaser to timeously commence or complete the development of the Property as aforesaid, will be waived by the HOA.

Appears in 1 contract

Samples: Sale of Immovable Property Agreement

IMPROVEMENTS TO PROPERTY. 12.1 13.1 The Property shall be maintained and all improvements thereon shall be erected and maintained in accordance with the requirements of the Constitution and to the satisfaction of the HOA. 12.2 13.2 All improvements to the Property, including any alterations to existing improvements, shall be carried out in accordance with the building plans approved by the HOA. 12.3 13.3 The plans of all buildings, boundary walls or other structures to be erected on the Property shall comply with any architectural guidelines prescribed by the HOA, as amended by the HOA, from time to time. 12.4 13.4 The Purchaser acknowledges that it is fully aware and satisfied with the contents of the Guide. 12.5 13.5 All plans must be submitted to the HOA for its approval prior to submission to the Drakenstein Municipality for its approval. A fee for the scrutinising and approval of such plans by the HOA will be payable by the Purchaser. Such fees for scrutinising work done by the HOA will be determined by them from time to time. 12.6 13.6 Building operations may not be proceeded with before the written consents of the HOA and the local authority have been endorsed on such plan and no building and / or structure shall be erected other than strictly in accordance with such approved plan. 12.7 13.7 Any amendments and/or variations to the building plans may only be undertaken by the Purchaser with the HOA and local authority’s prior written consent, which consent shall not be unreasonably withheld. 12.8 13.8 It is agreed that the aforegoing and any architectural guidelines prescribed by the HOA may be included in the title deed of the Property. 12.9 13.9 The Purchaser acknowledges and agrees that it shall ensure that all its visitors, invitees, employees, representatives and/or contractors comply with the provisions of the Constitution. 12.10 13.10 The Purchaser shall grant the Sellerxxxxx Xxx de Vie’s and/or the HOA’s representatives access to the Property in order to ensure compliance with the provisions of this clause 12. 12.11 13.11 The Purchaser undertakes that it shall develop the Property within a period of 24 36 (twenty fourthirty six) months from the date of the first owner’s possession of the Property by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time and shall complete all building works as aforesaid within 36 48 (thirty sixforty eight) months after the date of registration of transfer of the erf into the name of the first owner thereof, failing which the Purchaser shall pay to the HOA such penalty levies as are prescribed in terms of the Constitution from time to time and the Purchaser accepts that such levies are reasonable and necessary in order to ensure that building work on the Reserves Development is finished within a reasonable time. 13.12 If the Purchaser fails to comply with the provisions of clause 13.11, Val de Vie shall be entitled, without prejudice to any other rights which it being recorded, however, that in may have and/or at law and at its election to – 13.12.1 repurchase the case of a Distressed Sale such penalty levies payable Property from the Purchaser for an amount equal to the original purchase price paid by the Purchaser as a result in terms of failure this Agreement (inclusive of VAT), provided that all costs of transfer in respect of such repurchase shall be for the account of the Purchaser; or 13.12.2 sell the Property to any third party for an amount of not less than the original purchase price (inclusive of VAT) paid by the Purchaser to timeously commence or complete in terms of this Agreement. The Purchaser hereby irrevocably and in rem suam appoints Val de Vie as his duly authorised agent for purposes of such sale, provided that all costs of transfer in respect of such sale shall be for the development account of the Property as aforesaid, will be waived by the HOArelevant third party.

Appears in 1 contract

Samples: Sale of Immovable Property Agreement

IMPROVEMENTS TO PROPERTY. 12.1 ‌ 15.1 The Property shall be maintained and all improvements thereon shall be erected and maintained in accordance with the requirements of the Constitution and to the satisfaction of the HOA. 12.2 15.2 All improvements to the Property, including any alterations to existing improvements, shall be carried out in accordance with the building plans approved by the HOA. 12.3 15.3 The plans of all buildings, boundary walls or other structures to be erected on the Property shall comply with any architectural guidelines prescribed by the HOA, as amended by the HOA, from time to time. 12.4 15.4 The Purchaser acknowledges that it is fully aware and satisfied with the contents of the Guide. 12.5 15.5 All plans must be submitted to the HOA for its approval prior to submission to the Drakenstein Municipality for its approval. A fee for the scrutinising and approval of such plans by the HOA will be payable by the Purchaser. Such fees for scrutinising work done by the HOA will be determined by them from time to time. 12.6 15.6 Building operations may not be proceeded with before the written consents of the HOA and the local authority have been endorsed on such plan and no building and / or structure shall be erected other than strictly in accordance with such approved plan. 12.7 15.7 Any amendments and/or variations to the building plans may only be undertaken by the Purchaser with the HOA and local authority’s prior written consent, which consent shall not be unreasonably withheld. 12.8 15.8 It is agreed that the aforegoing and any architectural guidelines prescribed by the HOA may be included in the title deed of the Property. 12.9 15.9 The Purchaser acknowledges and agrees that it shall ensure that all its visitors, invitees, employees, representatives and/or contractors comply with the provisions of the Constitution. 12.10 15.10 The Purchaser shall grant the Seller’s and/or the HOA’s representatives access to the Property in order to ensure compliance with the provisions of this clause 1215. 12.11 15.11 The Purchaser undertakes that it shall develop the Property within a period of 24 (twenty four) months from the date of the first owner’s possession of the Property by the erection of a dwelling house and outbuildings thereon within and in accordance with the requirements of its Constitution and architectural guidelines prescribed by the HOA from time to time and shall complete all building works as aforesaid within 36 (thirty six) months after the date of registration of transfer of the erf into the name of the first owner thereof, failing which the Purchaser shall pay to the HOA such penalty levies as are prescribed in terms of the Constitution from time to time and the Purchaser accepts that such levies are reasonable and necessary in order to ensure that building work on the Development is finished within a reasonable timetime.‌ INITIAL _ 15.12 If – 15.13 If the Purchaser fails to comply with the provisions of clause 15.11, the Seller shall be entitled, without prejudice to any other rights which it being recorded, however, that in may have and/or at law and at its election to – 15.13.1 repurchase the case of a Distressed Sale such penalty levies payable Property from the Purchaser for an amount equal to the original purchase price paid by the Purchaser as a result in terms of failure this Agreement (inclusive of VAT), provided that all costs of transfer in respect of such repurchase shall be for the account of the Purchaser; or 15.13.2 sell the Property to any third party for an amount of not less than the original purchase price (inclusive of VAT) paid by the Purchaser to timeously commence or complete in terms of this Agreement. The Purchaser hereby irrevocably and in rem suam appoints the development Seller as his duly authorised agent for purposes of such sale, provided that all costs of transfer in respect of such sale shall be for the account of the relevant third party, INITIAL _ 15.14 The Purchaser accepts that clause 15.11 is reasonable and necessary in order to ensure that building work on the Development is finished within a reasonable time, INITIAL _ 15.15 The Property as aforesaidmay never be sold, will be waived by transferred, leased or otherwise alienated or disposed of to any person other than in accordance with the HOA.provisions contained in this clause 15. 16 XXXX

Appears in 1 contract

Samples: Sale of Immovable Property Agreement

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