PURCHASER’S ACKNOWLEDGMENTS. 19.1 The Purchaser acknowledges that he is aware of the intended future development of ▇▇▇▇▇▇ by the Developer. Such development may involve the establishment of resorts, business and commercial premises, education facilities, multiple unit developments and high - quality residential units on various portions of ▇▇▇▇▇▇ so designed as to facilitate an aesthetic and harmonious style blending with the environment. The Purchaser hereby undertakes that he will, at all times, co-operate with the Developer in an endeavour to facilitate the success of the development within ▇▇▇▇▇▇. Also, in this respect, the Purchaser undertakes that he shall not unreasonably interfere with any such proposed development nor lodge an objection with any competent authority in respect of any such development. The Purchaser agrees he will not object to any application made by or on behalf of the Developer, its nominee or agent for: 19.1.1 any rezoning or change of use or additional use in respect of any property within ▇▇▇▇▇▇, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise; 19.1.2 special consent usages within ▇▇▇▇▇▇; 19.1.3 the amendment or partial amendment of any general plan in respect of the property within ▇▇▇▇▇▇, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise; 19.1.4 removal of restrictive conditions of title within ▇▇▇▇▇▇; 19.1.5 subdivisional/consolidation applications, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise; 19.1.6 the closing of roads within ▇▇▇▇▇▇; and 19.1.7 the incorporation of any additional land which the Developer may determine be incorporated within ▇▇▇▇▇▇. 19.2 The Purchaser hereby authorises the Developer to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the Environmental Management Restrictions as the Developer in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Developer as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments. 19.3 The Purchaser specifically acknowledges that owners of properties surrounding the Property will be erecting buildings and other structures on the surrounding properties which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the properties on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Property arising out of any interference with the views from the Property by reason of the construction of any such building or other structure. 19.4 The Purchaser acknowledges that no building or other structure may be erected on the Property and further, no alteration or extension may be made to any existing building or other structure, save in accordance with building plans that have been approved by the Design Review Committee and the Municipality. Furthermore, the Purchaser agrees that he will have no claim whatsoever, arising out of whatever cause, against the Master Management Association, any members of the Design Review Committee and the Seller for refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee. 19.5 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Scheme without the consent of the Developer. 19.6 In no way detracting from the generality of any other provision of this Contract it is recorded that the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate may vary as ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate is developed and the Developer shall in no way be bound to its current plans for the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate. 19.7 It is recorded that the Association shall be entitled to cede any of its rights in terms of this Contract to the Master Management Association and vice-a-versa. In addition, the Master Management Association shall be entitled (but not obliged) to appoint the Association to represent it and to exercise its rights in respect of the building plan approval process and assume its other rights and duties. 19.8 The Purchaser acknowledges that: 19.8.1 for reasons of security on ▇▇▇▇▇▇ Estate and due to the nature of the proposed development of ▇▇▇▇▇▇ Estate and the various matters about which any purchaser should become aware when buying into ▇▇▇▇▇▇ Estate, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause; 19.8.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law; 19.8.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall – 19.8.3.1 to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller; 19.8.3.2 whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of. 19.9 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 19.8 of the Conditions of Sale mutatis mutandis. 19.10 The Purchaser acknowledges that in the event of the Purchaser disposing of the Property, or in the event of the Purchaser being an artificial person, such as a close corporation, company or trust and the member’s interest, shares or beneficial interest (as the case may be) being disposed of, privately, (i.e. without the assistance of an estate agent), then in that event, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the Developer as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ Estate. The aforesaid fee charged by the Developer shall be in the sole discretion of the Developer, but shall not exceed 1% (one percent) of the purchase price (plus Value Added Tax thereon) of the Property, member’s interest, shares or beneficial interest (as the case may be) or in the event of the Property, member’s interest, shares or beneficial interest (as the case may be) not being sold, shall not exceed 1% (one percent) of the market value of the Property, member’s interest, shares or beneficial interest (as the case may be) at the date of transfer or cession of same (plus Value Added Tax thereon). 19.11 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard sale or lease agreement), prescribed by the Association. 19.12 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Developer as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate. The contribution will be an amount determined by the Developer from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent. 19.13 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association shall not give its consent in this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation certificate not having been issued by the Municipality or the Design Review Committee not having given Development Approval. 19.14 In the event of a breach of any of clauses 19.8 – 19.13, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the sale and transfer of the Property until the provisions of any of clauses 19.8 – 19.13 are complied with and no party to this Contract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval. 19.15 In order to protect the Seller’s rights in this regard, the Property shall be transferred to the Purchaser, subject to a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and obtained, which consent the Seller shall grant provided the provisions of any of clauses 19.8 – 19.13 have been complied with. 19.16 All the Seller’s rights and obligations in terms of this clause 19 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be. 19.17 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation. 19.18 The Purchaser acknowledges and agrees that: - 19.18.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property; 19.18.2 as at the Date of Signature, the beacons marking the boundaries of the Property are in place. The Purchaser undertakes to make immediate arrangements with the Seller, or its agent, to inspect the beacons, whereafter, the Seller shall have no further obligation to the Purchaser to either point out, or establish any beacons in relation to the boundaries of the Property. 19.18.3 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, but in no way limited to, the extent and locality of the Property as well as the subsoil conditions prevailing upon the Property and the permitted use of the Property in terms of the zoning thereof under the Scheme and all other matters affecting the development thereof; 19.18.4 the Purchaser is responsible for applying to the appropriate authorities and/or any supplier of services for water, sewerage, electricity or gas connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters. 19.19 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Municipality sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be in accordance with all the requirements of the Municipality or any other responsible authority. 19.20 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and satellite television. The Purchaser acknowledges and agrees that he shall be liable to pay connection fees to connect the Property to the aforesaid systems. The aforesaid fees shall be payable to the Seller’s service provider and shall be paid by the Purchaser when the Property is connected to the aforesaid systems (which shall not be prior to the completion of the Dwelling on the Property if this has not already occurred). In addition, the Purchaser shall be obliged, once the aforesaid connections have been made and the systems are operational, to enter into service contracts with the service providers appointed by the Seller’s service provider to operate the aforesaid communication systems, which will entail the payment of monthly fees by the Purchaser. 19.21 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser agrees to make payment to this service provider (or such other party as the Association may contract from time to time, in this regard) directly in respect of electricity it uses. Further in this regard, it is recorded that the Purchaser shall be liable to make payment of a once off capital contribution to this service provider (or such other party as the Association may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be paid when construction of the Dwelling on the Property commences. 19.22 It is recorded that the Developer and the developer of the neighbouring Zululami Estate have concluded a reciprocity agreement for the entrenchment of reciprocal traversing rights over the private open spaces of both ▇▇▇▇▇▇ and Zululami Estates for the benefit of Members of both Estates. The purpose of this agreement is for residents of both Estates to enjoy the benefit of the private open spaces, including, but not limited to, traversing the foot paths, mountain bike trails, golf cart paths and bridle paths, and access to, and the use and enjoyment of, the clubhouses on ▇▇▇▇▇▇ and Zululami Estates. Neither association shall be obliged to provide monetary compensation to the other for this reciprocal right. These traversing rights shall be entrenched by way of notarial deeds of servitude over the private open spaces of ▇▇▇▇▇▇ and Zululami Estates. 19.23 It is recorded that the Purchaser shall be obliged to insure the Property with the insurance company nominated by the Seller (as defined in the MOI). 19.24 The Purchaser acknowledges that he understands the English language and considers itself fluent therein; 19.25 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same; 19.26 The Purchaser acknowledges that the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract it did not understand, such provisions were fully explained to the Purchaser.
Appears in 3 contracts
Sources: Contract of Sale, Contract of Sale, Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 19.1 The Purchaser acknowledges that he is aware of the intended future development of ▇▇▇▇▇▇ the Parent Property by the DeveloperDeveloper or its successor-in-title or nominee. Such development may involve the establishment of resorts, business and commercial premises, education facilities, multiple unit developments and high - quality residential units on various portions of ▇▇▇▇▇▇ the Parent Property so designed as to facilitate an aesthetic and harmonious style blending with the environment. The Purchaser hereby undertakes that he will, at all times, co-operate with the Developer or its successor-in-title or nominee, in an endeavour to facilitate the success of the development within ▇▇▇▇▇▇of the Parent Property. Also, in this respect, the Purchaser undertakes that he shall not unreasonably interfere with any such proposed development nor lodge an objection with any competent authority in respect of any such development. The Purchaser agrees he will not object to any application made by or on behalf of the Developer, its successors-in-title, its nominee or agent for:
19.1.1 any rezoning or change of use or additional use in respect of any property within ▇▇▇▇▇▇, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwiseproperty;
19.1.2 special consent usages within ▇▇▇▇▇▇usages;
19.1.3 the amendment or partial amendment of any general plan in respect of the property within ▇▇▇▇▇▇, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwiseDeveloper’s Area Plan;
19.1.4 removal of restrictive conditions of title within ▇▇▇▇▇▇title;
19.1.5 subdivisional/consolidation applications, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise;
19.1.6 the closing of roads within ▇▇▇▇▇▇roads; and
19.1.7 the incorporation of any additional land which the Developer may determine be incorporated incorporated; either within ▇▇▇▇▇▇▇ or in respect of the Parent Property.
19.2 The Purchaser hereby authorises the Developer to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the Environmental Management Restrictions as the Developer in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Developer as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
19.3 The Purchaser specifically acknowledges that owners of properties surrounding the Property will be erecting buildings and other structures on the surrounding properties which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the properties on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Property arising out of any interference with the views from the Property by reason of the construction of any such building or other structure.
19.4 The Purchaser acknowledges that no building or other structure may be erected on the Property and further, no alteration or extension may be made to any existing building or other structure, save in accordance with building plans that have been approved by the Design Review Committee and the Municipality. Furthermore, the Purchaser agrees that he will have no claim whatsoever, arising out of whatever cause, against the Master Management Association, Association, any members of the Design Review Committee and the Seller for refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee.
19.5 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Scheme without the consent of the Developer.
19.6 In no way detracting from the generality of any other provision of this Contract it is recorded that the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate may vary as ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate is developed and the Developer shall in no way be bound to its current plans for the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate.
19.7 It is recorded that the Association shall be entitled to cede any of its rights in terms of this Contract to the Master Management Association and vice-a-versa. In addition, the Master Management Association shall be entitled (but not obliged) to appoint the Association to represent it and to exercise its rights in respect of the building plan approval process and assume its other rights and duties.
19.8 The Purchaser acknowledges that:
19.8.1 for reasons of security on ▇▇▇▇▇▇ Estate and due to the nature of the proposed development of ▇▇▇▇▇▇ Estate and the various matters about which any purchaser should become aware when buying into ▇▇▇▇▇▇ Estate▇, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause;
19.8.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
19.8.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall –
19.8.3.1 to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;
19.8.3.2 whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of.
19.9 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 19.8 of the Conditions of Sale mutatis mutandis.
19.10 The Purchaser acknowledges that in the event of the Purchaser disposing of the Property, or in the event of the Purchaser being an artificial person, such as a close corporation, company or trust and the member’s interest, shares or beneficial interest (as the case may be) being disposed of, privately, (i.e. without the assistance of an estate agent), then in that event, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the Developer as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ Estate▇. The aforesaid fee charged by the Developer shall be in the sole discretion of the Developer, but shall not exceed 1% (one percent) of the purchase price (plus Value Added Tax thereon) of the Property, member’s interest, shares or beneficial interest (as the case may be) or in the event of the Property, member’s interest, shares or beneficial interest (as the case may be) not being sold, shall not exceed 1% (one percent) of the market value of the Property, member’s interest, shares or beneficial interest (as the case may be) at the date of transfer or cession of same (plus Value Added Tax thereon).
19.11 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard sale or lease agreement), prescribed by the Association.
19.12 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Developer as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate. The contribution will be an amount determined by the Developer from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
19.13 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association shall not give its consent in this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation certificate not having been issued by the Municipality or the Design Review Committee not having given Development Approval.
19.14 In the event of a breach of any of clauses 19.8 – 19.13, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the sale and transfer of the Property until the provisions of any of clauses 19.8 – 19.13 are complied with and no party to this Contract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval.
19.15 In order to protect the Seller’s rights in this regard, the Property shall be transferred to the Purchaser, subject to a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and obtained, which consent the Seller shall grant provided the provisions of any of clauses 19.8 – 19.13 have been complied with.
19.16 All the Seller’s rights and obligations in terms of this clause 19 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be.
19.17 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
19.18 The Purchaser acknowledges and agrees that: -
19.18.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
19.18.2 as at the Date of Signature, the beacons marking the boundaries of the Property are in place. The Purchaser undertakes to make immediate arrangements with the Seller, or its agent, to inspect the beacons, whereafter, the Seller shall have no further obligation to the Purchaser to either point out, out or establish any beacons in relation to the boundaries of the Property.
19.18.3 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, but in no way limited to, the extent and locality of the Property as well as the subsoil conditions prevailing upon the Property and the permitted use of the Property in terms of the zoning thereof under the Scheme and all other matters affecting the development thereof;
19.18.4 the Purchaser is responsible for applying to the appropriate authorities and/or any supplier of services for water, sewerage, electricity or gas connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters.
19.19 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Municipality sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be in accordance with all the requirements of the Municipality or any other responsible authority.
19.20 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and satellite television. The Purchaser acknowledges and agrees that he shall be liable to pay connection fees to connect the Property to the aforesaid systems. The aforesaid fees shall be payable to the Seller’s service provider and shall be paid by the Purchaser when the Property is connected to the aforesaid systems (which shall not be prior to the completion of the Dwelling on the Property if this has not already occurred). In addition, the Purchaser shall be obliged, once the aforesaid connections have been made and the systems are operational, to enter into service contracts with the service providers appointed by the Seller’s service provider to operate the aforesaid communication systems, which will entail the payment of monthly fees by the Purchaser.
19.21 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser agrees to make payment to this service provider (or such other party as the Association may contract from time to time, in this regard) directly in respect of electricity it uses. Further in this regard, it is recorded that the Purchaser shall be liable to make payment of a once off capital contribution to this service provider (or such other party as the Association may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be paid when construction of the Dwelling on the Property commences.
19.22 It is recorded that the Developer and the developer of the neighbouring Zululami Estate have concluded a reciprocity agreement for the entrenchment of reciprocal traversing rights over the private open spaces of both ▇▇▇▇▇▇ and Zululami Estates Estate for the benefit of Members of both Estates. The purpose of this agreement is for residents of both Estates to enjoy the benefit of the private open spaces, including, but not limited to, traversing the foot paths, mountain bike trails, golf cart paths and bridle paths, and access to, and the use and enjoyment of, the clubhouses on ▇▇▇▇▇▇ Seaton and Zululami EstatesEstate. Neither association shall be obliged to provide monetary compensation to the other for this reciprocal right. These traversing rights shall be entrenched by way of notarial deeds of servitude over the private open spaces of ▇▇▇▇▇▇ Seaton and Zululami EstatesEstate.
19.23 It is recorded that the Purchaser shall be obliged to insure the Property with the insurance company nominated by the Seller (as defined in the MOI).
19.24 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
19.25 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
19.26 The Purchaser acknowledges that the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract it did not understand, such provisions were fully explained to the Purchaser.
Appears in 2 contracts
Sources: Contract of Sale, Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 19.1 17.1 The Purchaser acknowledges that he is aware of the intended future development of ▇▇▇▇▇▇ on the Estate by the DeveloperSeller. Such development may is intended to involve the establishment of resorts, business and commercial premises, education facilities, multiple unit developments and high - quality residential units on various portions of ▇▇▇▇▇▇ the Estate so designed as to facilitate an aesthetic and harmonious style blending with the environment. The Purchaser hereby undertakes that he will, at all times, co-operate with the Developer Seller in an endeavour to facilitate the success of the development developments within ▇▇▇▇▇▇the Estate. Also, Also in this respect, the Purchaser undertakes that he shall not unreasonably interfere with any such proposed development nor lodge an objection with any competent authority in respect of any such development. The Purchaser agrees he will not object to any application made by or on behalf of the DeveloperSeller, its nominee or agent for:
19.1.1 17.1.1 any rezoning or change of use or additional use in respect of any property within ▇▇▇▇▇▇the Estate, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise;
19.1.2 17.1.2 special consent usages within ▇▇▇▇▇▇usages;
19.1.3 17.1.3 the amendment or partial amendment of any general plan in respect of the property within ▇▇▇▇▇▇the Estate, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise;
19.1.4 17.1.4 removal of restrictive conditions of title within ▇▇▇▇▇▇title;
19.1.5 17.1.5 subdivisional/consolidation applications, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise;
19.1.6 17.1.6 the closing of roads within ▇▇▇▇▇▇the Estate; and
19.1.7 17.1.7 the incorporation of any additional land which the Developer Seller may determine be incorporated within ▇▇▇▇▇▇the development.
19.2 17.2 The Purchaser hereby authorises the Developer Seller to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the Environmental Management Restrictions EMP as the Developer Seller in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Developer Seller as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
19.3 17.3 The Purchaser specifically acknowledges that owners of properties land surrounding the Property will be erecting buildings and other structures on the surrounding properties land which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the properties land on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Property arising out of any interference with the views from the Property by reason of the construction of any such building or other structure.
19.4 17.4 The Purchaser acknowledges that no building or other structure may be erected on the Property and further, no alteration or extension may be made to any existing building or other structure, save in accordance with building plans that have been approved by the Design Review Committee Association and the MunicipalityLocal Authority. Furthermore, the Purchaser agrees that he will have no claim whatsoeverwhatsoever arising, arising out of whatever cause, cause against the Master Management Association, any members of the Design Review Committee and the Seller for refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee.
19.5 17.5 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Town Planning Scheme without the consent of the DeveloperSeller.
19.6 In no way detracting from the generality of any other provision of this Contract it is recorded that the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate may vary as ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate is developed and the Developer shall in no way be bound to its current plans for the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate.
19.7 It is recorded that the Association shall be entitled to cede any of its rights in terms of this Contract to the Master Management Association and vice-a-versa. In addition, the Master Management Association shall be entitled (but not obliged) to appoint the Association to represent it and to exercise its rights in respect of the building plan approval process and assume its other rights and duties.
19.8 17.6 The Purchaser acknowledges that:
19.8.1 17.6.1 for reasons of security on ▇▇▇▇▇▇ the Estate and due to the nature of the proposed development of ▇▇▇▇▇▇ the Estate and the various matters about which any purchaser should become aware when buying into ▇▇▇▇▇▇ the Estate, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause;
19.8.2 17.6.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
19.8.3 17.6.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall –
19.8.3.1 a) to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;
19.8.3.2 b) whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of.
19.9 17.7 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 19.8 18.5 of the Conditions of Sale mutatis mutandis.
19.10 17.8 The Purchaser acknowledges that in the event of the Purchaser disposing of the Property, or in the event of the Purchaser being an artificial person, such as a close corporation, company or trust and the member’s interest, shares or beneficial interest (as the case may be) ), being disposed ofdisposed, of privately, (i.e. without the assistance of an estate agent), then in that event, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the Developer Association as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ the Estate. The aforesaid fee charged by the Developer Association shall be in the sole discretion of the DeveloperAssociation,, but shall not exceed 1% (one percent) of the purchase price (plus Value Added Tax thereon) of the Property, member’s interest, shares or beneficial interest (as the case may be) or in the event of the Property, member’s interest, shares or beneficial interest (as the case may be) not being sold, shall not exceed 1% (one percent) of the market value of the Property, member’s interest, shares or beneficial interest (as the case may be) at the date of transfer or cession of same (plus Value Added Tax thereon).
19.11 17.9 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard sale or lease agreementSale Agreement), prescribed by the Association.
19.12 17.10 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Developer Seller as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ the Estate. The contribution will be an amount determined by the Developer Seller from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
19.13 17.11 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association shall not give its consent in this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation certificate not having been issued by the Municipality Local Authority or the Design Review Committee not having given Development Approval.
19.14 17.12 In the event of a breach of any of clauses 19.8 – 19.13this clause 18, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the sale and transfer of the Property until the provisions of any of clauses 19.8 – 19.13 this clause 18 are complied with and no party to this Contract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval.
19.15 17.13 In order to protect the Seller’s rights in this regard, the Property shall be transferred to the Purchaser, subject to a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and obtained, which consent the Seller shall grant provided the provisions of any of clauses 19.8 – 19.13 this clause 18 have been complied with.
19.16 17.14 All the Seller’s rights and obligations in terms of this clause 19 paragraph 18 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be.
19.17 17.15 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
19.18 17.16 The Purchaser acknowledges and agrees that: -
19.18.1 17.16.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
19.18.2 as at the Date of Signature, the beacons marking the boundaries of the Property are in place. The Purchaser undertakes to make immediate arrangements with the Seller, or its agent, to inspect the beacons, whereafter, the Seller shall have no further obligation to the Purchaser to either point out, or establish any beacons in relation to the boundaries of the Property.
19.18.3 17.16.2 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, but in no way limited to, the extent and locality of the Property as well as the subsoil conditions prevailing upon the Property and the permitted use of the Property in terms of the zoning thereof under the Town Planning Scheme and all other matters affecting the development thereof;
19.18.4 17.16.3 the Purchaser is responsible for applying to the appropriate authorities and/or any supplier of services for water, sewerage, electricity or gas and sewerage connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters.
19.19 17.17 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Municipality Local Authority sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be in accordance with all the requirements of the Municipality Local Authority or any other responsible authority.
19.20 17.18 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and satellite televisionterrestrial analogue and digital television signals. The Purchaser acknowledges and agrees that he shall be liable to pay connection fees a fee to connect the Property to the aforesaid systemssystem. The aforesaid fees fee shall be payable to the Seller’s service provider and shall be paid by the Purchaser when the Property is connected to the aforesaid systems system (which shall not be prior to the completion of the Dwelling on the Property if this has not already occurred). In addition, the Purchaser shall be obliged, once the aforesaid connections have connection has been made and the systems are system is operational, to enter into a service contracts contract with the service providers provider appointed by the Seller’s service provider Seller to operate the aforesaid communication systemssystem, which will entail the payment of a monthly fees fee by the Purchaser.
19.21 17.19 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser agrees to make payment to this service provider (or such other party as the Association may contract from time to time, in this regard) directly in respect of electricity it uses. Further in this regard, it is recorded that the Purchaser shall be liable to make payment of a once off capital contribution to this service provider (or such other party as the Association may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be paid when construction of the Dwelling on the Property commences.
19.22 It is recorded that the Developer and the developer of the neighbouring Zululami Estate have concluded a reciprocity agreement for the entrenchment of reciprocal traversing rights over the private open spaces of both ▇▇▇▇▇▇ and Zululami Estates for the benefit of Members of both Estates. The purpose of this agreement is for residents of both Estates to enjoy the benefit of the private open spaces, including, but not limited to, traversing the foot paths, mountain bike trails, golf cart paths and bridle paths, and access to, and the use and enjoyment of, the clubhouses on ▇▇▇▇▇▇ and Zululami Estates. Neither association shall be obliged to provide monetary compensation to the other for this reciprocal right. These traversing rights shall be entrenched by way of notarial deeds of servitude over the private open spaces of ▇▇▇▇▇▇ and Zululami Estates.
19.23 17.20 It is recorded that the Purchaser shall be obliged to insure the Property and the development of the Scheme on the Property with the insurance company nominated by the Seller (as defined in the MOI).
19.24 17.21 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
19.25 17.22 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
19.26 17.23 The Purchaser acknowledges that the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract it did not understand, such provisions were fully explained to the Purchaser.
Appears in 2 contracts
Sources: Contract of Sale, Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 19.1 The Purchaser acknowledges that he is aware of the intended future development of ▇▇▇▇▇▇ the Parent Property by the DeveloperDeveloper or its successor-in-title or nominee. Such development may involve the establishment of resorts, business and commercial premises, education facilities, multiple unit developments and high - quality residential units on various portions of ▇▇▇▇▇▇ the Parent Property so designed as to facilitate an aesthetic and harmonious style blending with the environment. The Purchaser hereby undertakes that he will, at all times, co-operate with the Developer or its successor-in-title or nominee, in an endeavour to facilitate the success of the development within ▇▇▇▇▇▇of the Parent Property. Also, in this respect, the Purchaser undertakes that he shall not unreasonably interfere with any such proposed development nor lodge an objection with any competent authority in respect of any such development. The Purchaser agrees he will not object to any application made by or on behalf of the Developer, it’s successors-in-title, its nominee or agent for:
19.1.1 any rezoning or change of use or additional use in respect of any property within ▇▇▇▇▇▇, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwiseproperty;
19.1.2 special consent usages within ▇▇▇▇▇▇usages;
19.1.3 the amendment or partial amendment of any general plan in respect of the property within ▇▇▇▇▇▇, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise;Developer’s Area Plan; READ ONLY
19.1.4 removal of restrictive conditions of title within ▇▇▇▇▇▇title;
19.1.5 subdivisional/consolidation applications, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise;
19.1.6 the closing of roads within ▇▇▇▇▇▇roads; and
19.1.7 the incorporation of any additional land which the Developer may determine be incorporated incorporated; either within ▇▇▇▇▇▇▇ or in respect of the Parent Property.
19.2 The Purchaser hereby authorises the Developer to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the Environmental Management Restrictions as the Developer in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Developer as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
19.3 The Purchaser specifically acknowledges that owners of properties surrounding the Property will be erecting buildings and other structures on the surrounding properties which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the properties on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Property arising out of any interference with the views from the Property by reason of the construction of any such building or other structure.
19.4 The Purchaser acknowledges that no building or other structure may be erected on the Property and further, no alteration or extension may be made to any existing building or other structure, save in accordance with building plans that have been approved by the Design Review Committee and the Municipality. Furthermore, the Purchaser agrees that he will have no claim whatsoever, arising out of whatever cause, against the Master Management Association, Association, any members of the Design Review Committee and the Seller for refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee.
19.5 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Scheme without the consent of the Developer.
19.6 In no way detracting from the generality of any other provision of this Contract it is recorded that the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate may vary as ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate is developed and the Developer shall in no way be bound to its current plans for the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate.
19.7 It is recorded that the Association shall be entitled to cede any of its rights in terms of this Contract to the Master Management Association and vice-a-versa. In addition, the Master Management Association shall be entitled (but not obliged) to appoint the Association to represent it and to exercise its rights in respect of the building plan approval process and assume its other rights and duties.
19.8 The Purchaser acknowledges that:: READ ONLY
19.8.1 for reasons of security on ▇▇▇▇▇▇ Estate and due to the nature of the proposed development of ▇▇▇▇▇▇ Estate and the various matters about which any purchaser should become aware when buying into ▇▇▇▇▇▇ Estate▇, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause;
19.8.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
19.8.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall –
19.8.3.1 to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;
19.8.3.2 whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of.
19.9 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 19.8 of the Conditions of Sale mutatis mutandis.
19.10 The Purchaser acknowledges that in the event of the Purchaser disposing of the Property, or in the event of the Purchaser being an artificial person, such as a close corporation, company or trust and the member’s interest, shares or beneficial interest (as the case may be) being disposed of, privately, (i.e. without the assistance of an estate agent), then in that event, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the Developer as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ Estate▇. The aforesaid fee charged by the Developer shall be in the sole discretion of the Developer, but shall not exceed 1% (one percent) of the purchase price (plus Value Added Tax thereon) of the Property, member’s interest, shares or beneficial interest (as the case may be) or in the event of the Property, member’s interest, shares or beneficial interest (as the case may be) not being sold, shall not exceed 1% (one percent) of the market value of the Property, member’s interest, shares or beneficial interest (as the case may be) at the date of transfer or cession of same (plus Value Added Tax thereon).
19.11 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard sale or lease agreement), prescribed by the Association.
19.12 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Developer as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate. The contribution will be an amount determined by the Developer from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.. READ ONLY
19.13 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association shall not give its consent in this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation certificate not having been issued by the Municipality or the Design Review Committee not having given Development Approval.
19.14 In the event of a breach of any of clauses 19.8 – 19.13, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the sale and transfer of the Property until the provisions of any of clauses 19.8 – 19.13 are complied with and no party to this Contract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval.
19.15 In order to protect the Seller’s rights in this regard, the Property shall be transferred to the Purchaser, subject to a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and obtained, which consent the Seller shall grant provided the provisions of any of clauses 19.8 – 19.13 have been complied with.
19.16 All the Seller’s rights and obligations in terms of this clause 19 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be.
19.17 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
19.18 The Purchaser acknowledges and agrees that: -
19.18.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
19.18.2 as at the Date of Signature, the beacons marking the boundaries of the Property are in place. The Purchaser undertakes to make immediate arrangements with the Seller, or its agent, to inspect the beacons, whereafter, the Seller shall have no further obligation to the Purchaser to either point out, out or establish any beacons in relation to the boundaries of the Property.
19.18.3 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, but in no way limited to, the extent and locality of the Property as well as the subsoil conditions prevailing upon the Property and the permitted use of the Property in terms of the zoning thereof under the Scheme and all other matters affecting the development thereof;
19.18.4 the Purchaser is responsible for applying to the appropriate authorities and/or any supplier of services for water, sewerage, electricity or gas connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters.
19.19 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Municipality sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be in accordance with all the requirements of the Municipality or any other responsible authority.. READ ONLY
19.20 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and satellite television. The Purchaser acknowledges and agrees that he shall be liable to pay connection fees to connect the Property to the aforesaid systems. The aforesaid fees shall be payable to the Seller’s service provider and shall be paid by the Purchaser when the Property is connected to the aforesaid systems (which shall not be prior to the completion of the Dwelling on the Property if this has not already occurred). In addition, the Purchaser shall be obliged, once the aforesaid connections have been made and the systems are operational, to enter into service contracts with the service providers appointed by the Seller’s service provider to operate the aforesaid communication systems, which will entail the payment of monthly fees by the Purchaser.
19.21 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser agrees to make payment to this service provider (or such other party as the Association may contract from time to time, in this regard) directly in respect of electricity it uses. Further in this regard, it is recorded that the Purchaser shall be liable to make payment of a once off capital contribution to this service provider (or such other party as the Association may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be paid when construction of the Dwelling on the Property commences.
19.22 It is recorded that the Developer and the developer of the neighbouring Zululami Estate have concluded a reciprocity agreement for the entrenchment of reciprocal traversing rights over the private open spaces of both ▇▇▇▇▇▇ and Zululami Estates Estate for the benefit of Members of both Estates. The purpose of this agreement is for residents of both Estates to enjoy the benefit of the private open spaces, including, but not limited to, traversing the foot paths, mountain bike trails, golf cart paths and bridle paths, and access to, and the use and enjoyment of, the clubhouses on ▇▇▇▇▇▇ and Zululami EstatesEstate. Neither association shall be obliged to provide monetary compensation to the other for this reciprocal right. These traversing rights shall be entrenched by way of notarial deeds of servitude over the private open spaces of ▇▇▇▇▇▇ and Zululami EstatesEstate.
19.23 It is recorded that the Purchaser shall be obliged to insure the Property with the insurance company nominated by the Seller (as defined in the MOI).
19.24 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
19.25 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
19.26 The Purchaser acknowledges that the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract it did not understand, such provisions were fully explained to the Purchaser.
Appears in 1 contract
Sources: Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 19.1 18.1 The Purchaser acknowledges that he is aware of the intended future development of ▇▇▇▇▇▇ on the Estate by the DeveloperSeller. Such development may is intended to involve the establishment of resorts, business and commercial premises, education facilities, multiple unit developments and high - quality residential units on various portions of ▇▇▇▇▇▇ the Estate so designed as to facilitate an aesthetic and harmonious style blending with the environment. The Purchaser hereby undertakes that he will, at all times, co-operate with the Developer Seller in an endeavour to facilitate the success of the development developments within ▇▇▇▇▇▇the Estate. Also, Also in this respect, the Purchaser undertakes that he shall not unreasonably interfere with any such proposed development nor lodge an objection with any competent authority in respect of any such development. The Purchaser agrees he will not object to any application made by or on behalf of the DeveloperSeller, its nominee or agent for:: -
19.1.1 18.1.1 any rezoning or change of use or additional use in respect of any property within ▇▇▇▇▇▇the Estate, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise;
19.1.2 18.1.2 special consent usages within ▇▇▇▇▇▇usages;
19.1.3 18.1.3 the amendment or partial amendment of any general plan in respect of the property within ▇▇▇▇▇▇the Estate, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise;
19.1.4 18.1.4 removal of restrictive conditions of title within ▇▇▇▇▇▇title;
19.1.5 18.1.5 subdivisional/consolidation applications, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise;
19.1.6 18.1.6 the closing of roads within ▇▇▇▇▇▇the Estate; and
19.1.7 18.1.7 the incorporation of any additional land which the Developer Seller may determine be incorporated within ▇▇▇▇▇▇the development.
19.2 18.2 The Purchaser hereby authorises the Developer Seller to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the Environmental Management Restrictions EMP as the Developer Seller in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Developer Seller as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
19.3 The Purchaser specifically acknowledges that owners of properties surrounding the Property will be erecting buildings and other structures on the surrounding properties which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the properties on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Property arising out of any interference with the views from the Property by reason of the construction of any such building or other structure.
19.4 18.3 The Purchaser acknowledges that no building or other structure may be erected on the Property and further, no alteration or extension may be made to any existing building or other structure, save in accordance with building plans that have been approved by the Design Review Committee Association and the MunicipalityLocal Authority. Furthermore, the Purchaser agrees that he will have no claim whatsoeverwhatsoever arising, arising out of whatever cause, cause against the Master Management Association, any members of the Design Review Committee and the Seller for refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee.
19.5 18.4 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Town Planning Scheme without the consent of the DeveloperSeller.
19.6 In no way detracting from the generality of any other provision of this Contract it is recorded that the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate may vary as ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate is developed and the Developer shall in no way be bound to its current plans for the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate.
19.7 It is recorded that the Association shall be entitled to cede any of its rights in terms of this Contract to the Master Management Association and vice-a-versa. In addition, the Master Management Association shall be entitled (but not obliged) to appoint the Association to represent it and to exercise its rights in respect of the building plan approval process and assume its other rights and duties.
19.8 18.5 The Purchaser acknowledges that:
19.8.1 18.5.1 for reasons of security on ▇▇▇▇▇▇ the Estate and due to the nature of the proposed development of ▇▇▇▇▇▇ the Estate and the various matters about which any purchaser should become aware when buying into ▇▇▇▇▇▇ the Estate, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause;
19.8.2 18.5.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
19.8.3 18.5.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall –
19.8.3.1 a) to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;
19.8.3.2 b) whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of.
19.9 18.6 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 19.8 18.5 of the Conditions of Sale mutatis mutandis.
19.10 The Purchaser acknowledges that in the event of the Purchaser disposing of the Property, or in the event of the Purchaser being an artificial person, such as a close corporation, company or trust and the member’s interest, shares or beneficial interest (as the case may be) being disposed of, privately, (i.e. without the assistance of an estate agent), then in that event, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the Developer as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ Estate. The aforesaid fee charged by the Developer shall be in the sole discretion of the Developer, but shall not exceed 1% (one percent) of the purchase price (plus Value Added Tax thereon) of the Property, member’s interest, shares or beneficial interest (as the case may be) or in the event of the Property, member’s interest, shares or beneficial interest (as the case may be) not being sold, shall not exceed 1% (one percent) of the market value of the Property, member’s interest, shares or beneficial interest (as the case may be) at the date of transfer or cession of same (plus Value Added Tax thereon).
19.11 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard sale or lease agreement), prescribed by the Association.
19.12 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Developer as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate. The contribution will be an amount determined by the Developer from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
19.13 18.7 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association shall not give its consent in this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation certificate not having been issued by the Municipality Local Authority or the Design Review Committee not having given Development Approval.
19.14 18.8 In the event of a breach of any of clauses 19.8 – 19.13this clause 18, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the sale and transfer of the Property until the provisions of any of clauses 19.8 – 19.13 this clause 18 are complied with and no party to this Contract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval.
19.15 18.9 In order to protect the Seller’s rights in this regard, the Property shall be transferred to the Purchaser, subject to a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and obtained, which consent the Seller shall grant provided the provisions of any of clauses 19.8 – 19.13 this clause 18 have been complied with.
19.16 All the Seller’s rights and obligations in terms of this clause 19 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be.
19.17 18.10 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
19.18 18.11 The Purchaser acknowledges and agrees that: -
19.18.1 18.11.1 it is the Purchaser’s responsibility to investigate all matters effecting affecting the Property;
19.18.2 as at the Date of Signature, the beacons marking the boundaries of the Property are in place. The Purchaser undertakes to make immediate arrangements with the Seller, or its agent, to inspect the beacons, whereafter, the Seller shall have no further obligation to the Purchaser to either point out, or establish any beacons in relation to the boundaries of the Property.
19.18.3 18.11.2 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, but in no way limited to, the extent and locality of the Property as well as the subsoil conditions prevailing upon the Property and the permitted use of the Property in terms of the zoning thereof under the Town Planning Scheme and all other matters affecting the development thereof;
19.18.4 18.11.3 the Purchaser is responsible for applying to the appropriate authorities and/or any supplier of services for water, sewerage, electricity or gas and sewerage connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any buildings Buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters.
19.19 18.12 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Municipality Local Authority sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be in accordance with all the requirements of the Municipality Local Authority or any other responsible authority.
19.20 18.13 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and satellite televisionterrestrial analogue and digital television signals. The Purchaser acknowledges and agrees that he shall be liable to pay connection fees a fee to connect the Property to the aforesaid systemssystem and a further fee to connect the Dwelling Units in the Scheme. The aforesaid fees shall be payable to the Seller’s service provider and shall be paid by the Purchaser when the Property is connected to the aforesaid systems system (which shall not be prior to the completion of the first Dwelling Unit on the Property if this has not already occurred). In addition, the Purchaser shall notify their Purchasers that they shall be obliged, once the aforesaid connections have connection has been made and the systems are system is operational, to enter into a service contracts contract with the service providers provider appointed by the Seller’s service provider Seller to operate the aforesaid communication systemssystem, which will entail the payment of a monthly fees fee by the Purchasertheir purchasers.
19.21 18.14 The Purchaser acknowledges that the Association has entered Seller is in the process of entering into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser agrees to make payment to this service provider supplier (or such other party as the Association Seller may contract from time to time, in this regard) directly in respect of electricity it uses. Further in this regard, it is recorded that the Purchaser shall be liable to make payment of a once off capital contribution to this service provider supplier (or such other party as the Association Seller may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be paid when construction of the first Dwelling Unit on the Property commences.
19.22 It is recorded that the Developer and the developer of the neighbouring Zululami Estate have concluded a reciprocity agreement for the entrenchment of reciprocal traversing rights over the private open spaces of both ▇▇▇▇▇▇ and Zululami Estates for the benefit of Members of both Estates. The purpose of this agreement is for residents of both Estates to enjoy the benefit of the private open spaces, including, but not limited to, traversing the foot paths, mountain bike trails, golf cart paths and bridle paths, and access to, and the use and enjoyment of, the clubhouses on ▇▇▇▇▇▇ and Zululami Estates. Neither association shall be obliged to provide monetary compensation to the other for this reciprocal right. These traversing rights shall be entrenched by way of notarial deeds of servitude over the private open spaces of ▇▇▇▇▇▇ and Zululami Estates.
19.23 18.15 It is recorded that the Purchaser shall be obliged to insure the Property and the development of the Scheme on the Property with the insurance company nominated by the Seller (as defined in the MOI).
19.24 18.16 The Purchaser acknowledges that he shall be obliged to utilise the Seller’s name for the scheme as reflected in clause 1.14 of the Contract of Sale together with the logo and branding material in all marketing and other documentation relating to the Scheme.
18.17 All the Seller’s rights and obligations in terms of this paragraph 18 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be.
18.18 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
19.25 18.19 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
19.26 18.20 The Purchaser acknowledges that the Seller undertook that the Seller Seller, or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract it did not understand, such provisions were fully explained to the Purchaser.
Appears in 1 contract
Sources: Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 19.1 The Purchaser acknowledges that he is aware of the intended future development of ▇▇▇▇▇▇ the Parent Property by the DeveloperDeveloper or its successor-in-title or nominee. Such development may involve the establishment of resorts, business and commercial premises, education facilities, multiple unit developments and high - quality residential units on various portions of ▇▇▇▇▇▇ the Parent Property so designed as to facilitate an aesthetic and harmonious style blending with the environment. The Purchaser hereby undertakes that he will, at all times, co-operate with the Developer or its successor-in-title or nominee, in an endeavour to facilitate the success of the development within ▇▇▇▇▇▇of the Parent Property. Also, in this respect, the Purchaser undertakes that he shall not unreasonably interfere with any such proposed development nor lodge an objection with any competent authority in respect of any such development. The Purchaser agrees he will not object to any application made by or on behalf of the Developer, its successors-in-title, its nominee or agent for:
19.1.1 any rezoning or change of use or additional use in respect of any property within ▇▇▇▇▇▇, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwiseproperty;
19.1.2 special consent usages within ▇▇▇▇▇▇usages;
19.1.3 the amendment or partial amendment of any general plan in respect of the property within ▇▇▇▇▇▇, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise;Developer’s Area Plan; READ ONLY
19.1.4 removal of restrictive conditions of title within ▇▇▇▇▇▇title;
19.1.5 subdivisional/consolidation applications, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise;
19.1.6 the closing of roads within ▇▇▇▇▇▇roads; and
19.1.7 the incorporation of any additional land which the Developer may determine be incorporated incorporated; either within ▇▇▇▇▇▇▇ or in respect of the Parent Property.
19.2 The Purchaser hereby authorises the Developer to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the Environmental Management Restrictions as the Developer in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Developer as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
19.3 The Purchaser specifically acknowledges that owners of properties surrounding the Property will be erecting buildings and other structures on the surrounding properties which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the properties on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Property arising out of any interference with the views from the Property by reason of the construction of any such building or other structure.
19.4 The Purchaser acknowledges that no building or other structure may be erected on the Property and further, no alteration or extension may be made to any existing building or other structure, save in accordance with building plans that have been approved by the Design Review Committee and the Municipality. Furthermore, the Purchaser agrees that he will have no claim whatsoever, arising out of whatever cause, against the Master Management Association, Association, any members of the Design Review Committee and the Seller for refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee.
19.5 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Scheme without the consent of the Developer.
19.6 In no way detracting from the generality of any other provision of this Contract it is recorded that the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate may vary as ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate is developed and the Developer shall in no way be bound to its current plans for the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate.
19.7 It is recorded that the Association shall be entitled to cede any of its rights in terms of this Contract to the Master Management Association and vice-a-versa. In addition, the Master Management Association shall be entitled (but not obliged) to appoint the Association to represent it and to exercise its rights in respect of the building plan approval process and assume its other rights and duties.
19.8 The Purchaser acknowledges that:: READ ONLY
19.8.1 for reasons of security on ▇▇▇▇▇▇ Estate and due to the nature of the proposed development of ▇▇▇▇▇▇ Estate and the various matters about which any purchaser should become aware when buying into ▇▇▇▇▇▇ Estate▇, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause;
19.8.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
19.8.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall –
19.8.3.1 to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;
19.8.3.2 whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of.
19.9 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 19.8 of the Conditions of Sale mutatis mutandis.
19.10 The Purchaser acknowledges that in the event of the Purchaser disposing of the Property, or in the event of the Purchaser being an artificial person, such as a close corporation, company or trust and the member’s interest, shares or beneficial interest (as the case may be) being disposed of, privately, (i.e. without the assistance of an estate agent), then in that event, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the Developer as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ Estate▇. The aforesaid fee charged by the Developer shall be in the sole discretion of the Developer, but shall not exceed 1% (one percent) of the purchase price (plus Value Added Tax thereon) of the Property, member’s interest, shares or beneficial interest (as the case may be) or in the event of the Property, member’s interest, shares or beneficial interest (as the case may be) not being sold, shall not exceed 1% (one percent) of the market value of the Property, member’s interest, shares or beneficial interest (as the case may be) at the date of transfer or cession of same (plus Value Added Tax thereon).
19.11 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard sale or lease agreement), prescribed by the Association.
19.12 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Developer as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate. The contribution will be an amount determined by the Developer from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.. READ ONLY
19.13 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association shall not give its consent in this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation certificate not having been issued by the Municipality or the Design Review Committee not having given Development Approval.
19.14 In the event of a breach of any of clauses 19.8 – 19.13, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the sale and transfer of the Property until the provisions of any of clauses 19.8 – 19.13 are complied with and no party to this Contract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval.
19.15 In order to protect the Seller’s rights in this regard, the Property shall be transferred to the Purchaser, subject to a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and obtained, which consent the Seller shall grant provided the provisions of any of clauses 19.8 – 19.13 have been complied with.
19.16 All the Seller’s rights and obligations in terms of this clause 19 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be.
19.17 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
19.18 The Purchaser acknowledges and agrees that: -
19.18.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
19.18.2 as at the Date of Signature, the beacons marking the boundaries of the Property are in place. The Purchaser undertakes to make immediate arrangements with the Seller, or its agent, to inspect the beacons, whereafter, the Seller shall have no further obligation to the Purchaser to either point out, out or establish any beacons in relation to the boundaries of the Property.
19.18.3 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, but in no way limited to, the extent and locality of the Property as well as the subsoil conditions prevailing upon the Property and the permitted use of the Property in terms of the zoning thereof under the Scheme and all other matters affecting the development thereof;
19.18.4 the Purchaser is responsible for applying to the appropriate authorities and/or any supplier of services for water, sewerage, electricity or gas connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters.
19.19 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Municipality sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be in accordance with all the requirements of the Municipality or any other responsible authority.. READ ONLY
19.20 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and satellite television. The Purchaser acknowledges and agrees that he shall be liable to pay connection fees to connect the Property to the aforesaid systems. The aforesaid fees shall be payable to the Seller’s service provider and shall be paid by the Purchaser when the Property is connected to the aforesaid systems (which shall not be prior to the completion of the Dwelling on the Property if this has not already occurred). In addition, the Purchaser shall be obliged, once the aforesaid connections have been made and the systems are operational, to enter into service contracts with the service providers appointed by the Seller’s service provider to operate the aforesaid communication systems, which will entail the payment of monthly fees by the Purchaser.
19.21 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser agrees to make payment to this service provider (or such other party as the Association may contract from time to time, in this regard) directly in respect of electricity it uses. Further in this regard, it is recorded that the Purchaser shall be liable to make payment of a once off capital contribution to this service provider (or such other party as the Association may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be paid when construction of the Dwelling on the Property commences.
19.22 It is recorded that the Developer and the developer of the neighbouring Zululami Estate have concluded a reciprocity agreement for the entrenchment of reciprocal traversing rights over the private open spaces of both ▇▇▇▇▇▇ and Zululami Estates Estate for the benefit of Members of both Estates. The purpose of this agreement is for residents of both Estates to enjoy the benefit of the private open spaces, including, but not limited to, traversing the foot paths, mountain bike trails, golf cart paths and bridle paths, and access to, and the use and enjoyment of, the clubhouses on ▇▇▇▇▇▇ and Zululami EstatesEstate. Neither association shall be obliged to provide monetary compensation to the other for this reciprocal right. These traversing rights shall be entrenched by way of notarial deeds of servitude over the private open spaces of ▇▇▇▇▇▇ and Zululami EstatesEstate.
19.23 It is recorded that the Purchaser shall be obliged to insure the Property with the insurance company nominated by the Seller (as defined in the MOI).
19.24 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
19.25 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
19.26 The Purchaser acknowledges that the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract it did not understand, such provisions were fully explained to the Purchaser.
Appears in 1 contract
Sources: Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 19.1 The Purchaser acknowledges that he is aware of the intended future development of ▇▇▇▇▇▇ the Parent Property by the DeveloperDeveloper or its successor-in-title or nominee. Such development may involve the establishment of resorts, business and commercial premises, education facilities, multiple unit developments and high - quality residential units on various portions of ▇▇▇▇▇▇ the Parent Property so designed as to facilitate an aesthetic and harmonious style blending with the environment. The Purchaser hereby undertakes that he will, at all times, co-operate with the Developer or its successor-in-title or nominee, in an endeavour to facilitate the success of the development within ▇▇▇▇▇▇of the Parent Property. Also, in this respect, the Purchaser undertakes that he shall not unreasonably interfere with any such proposed development nor lodge an objection with any competent authority in respect of any such development. The Purchaser agrees he will not object to any application made by or on behalf of the Developer, its successors-in-title, its nominee or agent for:
19.1.1 any rezoning or change of use or additional use in respect of any property within ▇▇▇▇▇▇, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwiseproperty;
19.1.2 special consent usages within ▇▇▇▇▇▇usages;
19.1.3 the amendment or partial amendment of any general plan in respect of the property within ▇▇▇▇▇▇, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwiseDeveloper’s Area Plan;
19.1.4 removal of restrictive conditions of title within ▇▇▇▇▇▇title;
19.1.5 subdivisional/consolidation applications, whether in accordance with the ▇▇▇▇▇▇ Master Plan or ▇▇▇▇▇▇ Estate Layout Plan or otherwise;
19.1.6 the closing of roads within ▇▇▇▇▇▇roads; and
19.1.7 the incorporation of any additional land which the Developer may determine be incorporated incorporated; either within ▇▇▇▇▇▇▇ or in respect of the Parent Property.
19.2 The Purchaser hereby authorises the Developer to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the Environmental Management Restrictions as the Developer in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Developer as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
19.3 The Purchaser specifically acknowledges that owners of properties surrounding the Property will be erecting buildings and other structures on the surrounding properties which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the properties on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Property arising out of any interference with the views from the Property by reason of the construction of any such building or other structure.
19.4 The Purchaser acknowledges that no building or other structure may be erected on the Property and further, no alteration or extension may be made to any existing building or other structure, save in accordance with building plans that have been approved by the Design Review Committee and the Municipality. Furthermore, the Purchaser agrees that he will have no claim whatsoever, arising out of whatever cause, against the Master Management Association, Association, any members of the Design Review Committee and the Seller for refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee.
19.5 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Scheme without the consent of the Developer.
19.6 In no way detracting from the generality of any other provision of this Contract it is recorded that the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate may vary as ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate is developed and the Developer shall in no way be bound to its current plans for the design and layout of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate.
19.7 It is recorded that the Association shall be entitled to cede any of its rights in terms of this Contract to the Master Management Association and vice-a-versa. In addition, the Master Management Association shall be entitled (but not obliged) to appoint the Association to represent it and to exercise its rights in respect of the building plan approval process and assume its other rights and duties.
19.8 The Purchaser acknowledges that:
19.8.1 for reasons of security on ▇▇▇▇▇▇ Estate and due to the nature of the proposed development of ▇▇▇▇▇▇ Estate and the various matters about which any purchaser should become aware when buying into ▇▇▇▇▇▇ Estate▇, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause;
19.8.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
19.8.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall –
19.8.3.1 to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;
19.8.3.2 whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of.
19.9 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 19.8 of the Conditions of Sale mutatis mutandis.
19.10 The Purchaser acknowledges that in the event of the Purchaser disposing of the Property, or in the event of the Purchaser being an artificial person, such as a close corporation, company or trust and the member’s interest, shares or beneficial interest (as the case may be) being disposed of, privately, (i.e. without the assistance of an estate agent), then in that event, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the Developer as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ Estate▇. The aforesaid fee charged by the Developer shall be in the sole discretion of the Developer, but shall not exceed 1% (one percent) of the purchase price (plus Value Added Tax thereon) of the Property, member’s interest, shares or beneficial interest (as the case may be) or in the event of the Property, member’s interest, shares or beneficial interest (as the case may be) not being sold, shall not exceed 1% (one percent) of the market value of the Property, member’s interest, shares or beneficial interest (as the case may be) at the date of transfer or cession of same (plus Value Added Tax thereon).
19.11 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard sale or lease agreement), prescribed by the Association.
19.12 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Developer as a contribution towards, inter alia, the marketing of ▇▇▇▇▇▇ and ▇▇▇▇▇▇ Estate. The contribution will be an amount determined by the Developer from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
19.13 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association shall not give its consent in this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation certificate not having been issued by the Municipality or the Design Review Committee not having given Development Approval.
19.14 In the event of a breach of any of clauses 19.8 – 19.13, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the sale and transfer of the Property until the provisions of any of clauses 19.8 – 19.13 are complied with and no party to this Contract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval.
19.15 In order to protect the Seller’s rights in this regard, the Property shall be transferred to the Purchaser, subject to a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and obtained, which consent the Seller shall grant provided the provisions of any of clauses 19.8 – 19.13 have been complied with.
19.16 All the Seller’s rights and obligations in terms of this clause 19 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be.
19.17 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
19.18 The Purchaser acknowledges and agrees that: -
19.18.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
19.18.2 as at the Date of Signature, the beacons marking the boundaries of the Property are in place. The Purchaser undertakes to make immediate arrangements with the Seller, or its agent, to inspect the beacons, whereafter, the Seller shall have no further obligation to the Purchaser to either point out, out or establish any beacons in relation to the boundaries of the Property.
19.18.3 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, but in no way limited to, the extent and locality of the Property as well as the subsoil conditions prevailing upon the Property and the permitted use of the Property in terms of the zoning thereof under the Scheme and all other matters affecting the development thereof;
19.18.4 the Purchaser is responsible for applying to the appropriate authorities and/or any supplier of services for water, sewerage, electricity or gas connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters.
19.19 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Municipality sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be in accordance with all the requirements of the Municipality or any other responsible authority.
19.20 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and satellite television. The Purchaser acknowledges and agrees that he shall be liable to pay connection fees to connect the Property to the aforesaid systems. The aforesaid fees shall be payable to the Seller’s service provider and shall be paid by the Purchaser when the Property is connected to the aforesaid systems (which shall not be prior to the completion of the Dwelling on the Property if this has not already occurred). In addition, the Purchaser shall be obliged, once the aforesaid connections have been made and the systems are operational, to enter into service contracts with the service providers appointed by the Seller’s service provider to operate the aforesaid communication systems, which will entail the payment of monthly fees by the Purchaser.
19.21 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser agrees to make payment to this service provider (or such other party as the Association may contract from time to time, in this regard) directly in respect of electricity it uses. Further in this regard, it is recorded that the Purchaser shall be liable to make payment of a once off capital contribution to this service provider (or such other party as the Association may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be paid when construction of the Dwelling on the Property commences.
19.22 It is recorded that the Developer and the developer of the neighbouring Zululami Estate have concluded a reciprocity agreement for the entrenchment of reciprocal traversing rights over the private open spaces of both ▇▇▇▇▇▇ and Zululami Estates Estate for the benefit of Members of both Estates. The purpose of this agreement is for residents of both Estates to enjoy the benefit of the private open spaces, including, but not limited to, traversing the foot paths, mountain bike trails, golf cart paths and bridle paths, and access to, and the use and enjoyment of, the clubhouses on ▇▇▇▇▇▇ and Zululami EstatesEstate. Neither association shall be obliged to provide monetary compensation to the other for this reciprocal right. These traversing rights shall be entrenched by way of notarial deeds of servitude over the private open spaces of ▇▇▇▇▇▇ and Zululami EstatesEstate.
19.23 It is recorded that the Purchaser shall be obliged to insure the Property with the insurance company nominated by the Seller (as defined in the MOI).
19.24 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
19.25 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
19.26 The Purchaser acknowledges that the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract it did not understand, such provisions were fully explained to the Purchaser.
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Sources: Contract of Sale