Waikowhai Estate Covenants
DEFINITIONS
| Vendor: |
means Tribro Raglan Limited |
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| Purchaser: |
means the Purchaser and the registered proprietor for the time being of the property if such registered proprietor is not Tribro Raglan Limited |
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| Commencement of work |
means the commencement of substantial construction work to the substantive building in accordance with plans approved by the Vendor itself as opposed to the carrying out of investigation, planning or excavation work. |
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| Rear boundary |
means the boundary farthest from the front yard except in the case of a corner site which shall have no rear boundary for the purposes of this Agreement. |
1 NO FURTHER SUBDIVISION
The Purchaser is not permitted to subdivide the property further in order to create any additional lots, whether by fee simple titles, unit titles, cross leases or otherwise. In the event of the Purchaser amalgamating the property with any other lot then for the purposes of these covenants the amalgamating property will be deemed to comprise one single lot and thereafter the Purchaser will not be entitled to subdivide the amalgamated property to a greater number of lots.
COVENANTS IN RESPECT OF DWELLING
2 The Purchaser acknowledges the Vendor’s desire to create a high quality urban environment and shall refrain from using materials, finishes, exterior colours and architectural styles which detract from that goal.
2.2 The Purchaser will not erect, place or permit to be erected or placed on the property more than one single dwellinghouse. The dwellinghouse (after including any closed-in lockup garage), must have a closed in floor area of not less than 120 square meters.
2.3 Notwithstanding paragraph 2.2 above, a dwellinghouse with a main living area and a subordinate but integrated suburban living area, commonly known as a “granny flat”, is permitted where the subordinate living area is confined within the overall roofline of the dwellinghouse and does not give the external appearance of comprising a separate unit.
2.4 The Purchaser will not erect of permit to be erected on the property any dwellinghouse or any other building or structure that:
2.4.1 Is constructed in part or in full with external second-hand materials, or;
2.4.2 Has a basement which is not fully enclosed with exterior cladding and internally lined complying in all respects with the other provisions of this clause;
2.4.3 Incorporates or has fibrolite wall cladding (or other certain fibrolite products);
2.4.4 Uses unpainted corrugated galvanized iron roofing material; or
2.4.5 In the opinion of the Vendor detracts from the quality of the subdivision or the housing standard established for the subdivision.
2.5 The Purchaser will ensure that any major dwelling entry shall be visible and easily accessed from the road.
2.6 The Purchaser will not leave the exterior of any dwellinghouse unfinished or any exterior wall or door unpainted or unstained except where cedar cladding or decorative stone or brick are used. The Purchaser will ensure that the painting or other finishing of the exterior of any dwellinghouse must be completed within the time frames for completing the dwelling set out in paragraph 5.
2.7 The Purchaser shall ensure that clotheslines are away from the road and obscured from direct sight of the road.
2.8 The Purchaser will not place or permit to be placed any satellite dishes or antennae in the front yard. The Purchaser shall ensure that any satellite dish or television antennae are positioned in such a place that they are not in full view of either the road or the front yard of that property.
2.9 All heating and air-conditioning equipment (chimneys and flues excepted) must be enclosed within the building envelope or otherwise screened from view, and the equipment must be a minimum of four (4) meters form any boundary of the property.
4 TEMPORARY ACCOMMODATION & GARDEN SHEDS
4.1 The Purchaser will not erect or place or permit to be erected or placed on the property any caravan, mobile home or other temporary accommodation, relocated home for permanent or temporary use of any kind and will not erect or place or permit to be placed on the lot any freestanding carport, lean to style car parking structure, garage or other ancillary domestic building which is not incorporated to the dwelling as an integral part of the dwelling.
4.2 The Purchaser will not erect or place or permit to be placed a garden shed:
4.2.1 In the front yard;
4.2.2 That is greater than two (2) meters in height or exceed ten (10) square meters in floor area and will in all respects comply with the Building Act 2004 (as amended);
4.2.3 That has been completed and constructed with second hand materials; or that is
4.2.4 Unpainted.
5 TIME LIMITS ON COMPLETION
5.1 Once construction of the dwellinghouse has commended the Purchaser will ensure that the exterior of the dwellinghouse is fully closed in and finished within six (6) months from the date of commencement of work and ensure the construction of the dwelling is fully completed within twelve (12) months of the date of commencement.
6 RESTRICTION ON VEHICLES
6.1 The Purchaser will not park or permit to be parked any trucks or large commercial vehicles on or adjoining the property other than for delivery purposes.
7 RESTRICTIONS ON COMMERCIAL ACTIVITIES
7.1 The Purchaser covenants not to conduct or permit any commercial activities on the property.
8 RESTRICTIONS ON FENCING
8.1 Notwithstanding the terms of the provisions of the Fencing Act 1978 or any emending legislation, the Purchaser will not erect any fence of fences on the property that are constructed in corrugated galvanized iron, cement fiberboard, plywood sheeting, fibrolite products, post and wire, second hand or demolition materials or any such material which in the opinion of the Vendor detracts from a high quality residential environment.
8.2 No side boundary fence or rear boundary fence will be greater than 1.8 meters in height measured vertically from the natural ground level at the relevant point on the property where the fence is erected or have a low degree of visual transparency.
8.3 Notwithstanding any provision herein, where any property adjoins the marine esplanade reserve, or any other reserve, no fence will exceed 1.2 meters in height (unless as a requirement under the Swimming of Fencing Pools Act 1987 or any subsequent amendments)
9 NO ADVERTISING SIGNAGE
9.1 The Purchaser will not erect, place or permit to be placed on any part of the property, adjacent land or street, any advertisement, sign or hoarding of a commercial nature except that –
9.1.1 during the course of construction of any dwelling on the property a builders sign not exceeding three (3) square meters in area may be displayed;
9.1.2 In the case of a completed dwelling a single “for sale” sign not exceeding 1.2 square meters in area is permitted.
9.1.3 The signs designed specifically for the sales office are specifically excluded from the restrictions contained in this covenant.
10 BERMS & FOOTPATHS
10.1 The Purchaser will be responsible for maintaining berm and footpath areas directly in front of their property to the extent that they will ensure that berm is kept free of weeds, rubbish and the footpath areas kept free and clear of any materials and ensure that any damage to the footpath caused by the Purchaser, their contractors (or any sub-contractors), invitees, agents, tenants or visitors is repaired.
11 VENDOR’S DISCRETION ON APPROVALS
11.1 Should any proposed dwellinghouse building structure of fencing on the property not comply with the covenants contained herein, the Vendor may in its entire discretion give written approval to the plans where in the sole opinion of the Vendor such approval would not detract from the overall quality and appearance of the subdivision. Such approval may be given subject to such terms as the Vendor in its sole discretion thinks fit.
11.2 The Vendor’s approval in any circumstances will not serve as a precedent for, nor bind the Vendor or any nominee in any manner with respect to any future application for Vendor’s approval by the Purchaser or any other person.
12 DEFAULT
12.1 If there should be any breach or non-observance of the Purchaser of any of the foregoing covenants or restrictions contained in these covenants, then without prejudice to any other liability which the Purchaser may have to the Vendor or any person or persons having the benefit of these covenants and restrictions, the Purchaser shall upon written demand made by the Vendor or its nominee or by the majority of registered proprietors of the lots in the subdivision:
12.1.1 Pay to the person making such demand as liquidated damages the sum of Five Hundred Dollars ($500.00) per day for every day or part day that such breach or non-observance of the covenants continues from and after the date upon which written demand is made; and
12.1.2 Remove or cause to be removed from the said land any building or structure erected, placed or located in breach or non-observance of the covenants, otherwise take all steps necessary to remedy the breach for non-observance of the covenants if it is capable of remedy.
12.2 The Vendor shall not be required or be liable to enforce all or any of the covenants, stipulations or restrictions on the part of the Vendor contained in this covenant nor will the Vendor be liable to the Purchaser for any breach of any like covenants, stipulations or restrictions by any of the registered proprietors of any of the other lots.
13 FURTHER DEVELOPMENT BY VENDOR
13.1 The Purchaser acknowledges that the Vendor may undertake further subdivisions of the adjoining land in stages. The Vendor will not be obliged to complete any development or work on the land other than as required to comply with the provisions of any resource consent. The Vendor is at liberty (in its sole discretion) to register covenants on the titles of that land and such covenants may or may not incorporate the same covenants as set out herein. The Purchaser is not purchasing the property in reliance upon the development or any development of any part of the land or any further development of the land proceeding at any particular time or any particular matter.
13.2 The Purchaser acknowledges and accepts that the Vendor’s continued development of the land in this subdivision may result in some inconvenience to the Purchaser due to movement and noise of machinery required to undertake the development. The Purchaser will not object to any of the Vendor’s operations undertaken on adjoining sites for development work during daylight hours on the condition that the Vendor will use its best endeavors to keep all inconvenience caused by the movement of earth, machinery plant and equipment to a reasonable level, having regard to the nature of the work being undertaken.
