FURTHER TERMS OF SALE

16.0    INTERPRETATION

16.1    Definitions and Interpretation:  In clauses 16.0 to 21.0 (inclusive) of this agreement (unless the context requires a different interpretation):

“approved survey plan” means the survey plan referred to in clause 17.1.5;

“LINZ” means Land Information New Zealand of Wellington District;

“property” means that part of the vendor’s land having an area of approximately 615 square metres shown as Lot 1 of a proposed subdivision of Section 30 Ohakune Village marked red on the plan attached to this agreement;

“resource consents” means all resource consents which the vendor needs under the Resource Management Act 1991 to subdivide the vendor’s land accordung to the plan attached to this agreement to provide a separate certificate of title to the property;

“settlement date” means the date which is seven working days after the date on which the vendor notifies the purchaser in writing that a search copy, as defined in section 172A of the Land Transfer Act 1952, of the new certificate of title to the property is available;

“territorial authority” means Ruapehu District Council; and

“vendor’s land” means all that parcel of land containing 615 square metres more or less being Lot 1 of a resubdivision of Section 30 Ohakune Village Settlement being part of the land comprised in Certificiate of Title 464/230 (Wellington Registry).

16.2    If there is a conflict between the general terms of sale of this agreement and these further terms of sale, these further terms of sale will prevail.

17.0    SUBDIVISION

17.1    The Vendor will at the Vendor’s cost:

17.1.1    implement the resource consents by carrying out all requirements and complying with all conditions which the territorial authority has imposed in the resource consents;

17.1.2    prepare a survey plan according to the resource consents;

17.1.3    have the territorial authority and the Department of Survey and Land Information approve the survey plan;

17.1.4    lodge the approved survey plan in LINZ; and

17.1.5    deposit the approved survey plan in LINZ and have LINZ issue a separate certificate of title for the property.

17.2    The vendor will grant or receive the benefit of any easements, building line restrictions and other encumbrances, rights or obligations which either the territorial authority or LINZ need to satisfy any condition of the resource consents or to deposit the approved survey plan.  The purchaser will not make any objection or requisition on the vendor’s title under clause 5.2 of the general conditions of sale of this agreement about any of those easements, building line restrictions, encumbrances, rights or obligations.

18.0    NO CAVEAT

18.1    The purchaser will not lodge a caveat against the title to the vendor’s land before LINZ has issued a separate certificate of title for the property.

19.0    PURCHASE PRICE

19.1    The area of the property shown on the plan attached to this agreement is approximate only and is subject to adjustment on final survey.

20.0    LOWEST PRICE

20.1    The parties acknowledge that:

20.1.1    despite any deferred or extended date for settlement or the giving or taking of possession under this agreement, the purchase price of the property set out in this agreement is the lowest price at which the property could ber purchased;

20.1.2    the purchase price of the property set out in this agreement does not include any capitalised interest; and

20.1.3    the “lowest price” for the purposes of section EH 48(3)(a) of the Income Tax Act 1994 is equal to the purchase price of the property set out in this agreement.

21.0    PROTECTIVE COVENANTS

21.1    The Purchaser acknowledges and agrees that:

21.1.1    each Lot in the Vendor’s subdivision forms part of a development which is intended to be established as a modern and well designed subdivision;

21.1.2    it is desirable that supervision and control be exercised by the Vendor for the protection of and in the interests of all Purchaseers in relation to the nature and type of construction to be permitted in the Subdivision.

In recognition of these objects the Purchaser for the benefit of all other residential lots comprised in the subdivision agrees with the Vendor and will covenant whether by deed, transfer or otherwise as required, with the Vendor (including its successors in Title) for the Purchaser and his executors, administrators, assigns, and successors in Title in relation to the Property in manner set out in Part A of the attached Schedule.
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21.2    The Transfer or other document creating the land covenants will also contain the provisions set out in Part B of the attached Schedule with such amendments as the context may require.

21.3     The Transfer or other document creating the land covenants will otherwise be in such form as the Vendor’s solicitors require provided that the substance of the land covenants remains as set out in Part A of the Schedule:

21.4    The obligations of the Purchaser in respect of the Land Covenants are those of  the “Transferee” in Part A and Part B of the attached Schedule and the expresssion “Transferee” includes the Purchaser.

1.    The Transferee shall  not erect on the property any building other than a new residential home and shall not permit or allow the removal onto the property of:
(a)    any pre-built transportable or relocatable or
(b)    any existing house that has been previously lived in.

2.    The Transferee shall not erect or construct on the property any dwelling house without first obtaining the approval of the Vendor to the plans of such dwelling house (which approval shall not be unreasonable or arbitrarily  withheld) and without complying with the Vendors conditions relating to the Transferees proposed dwelling.  If the plans include either a garage or carport then the same shall be embodied in the plans and shall be designed in affinity with the dwelling house.

3.    The Transferee shall ensure that any accessory building, carport, decking, breezeway or roof overhang, if constructed, shall be architecturally integrated with the design of the dwelling house and shall ensure that in order to enhance the quality and appearance of the buildings on the Property, that any attachments thereto (including but not necessarily limited to television aerials and solar hot water panels) are constructed in such a way as to be discreetly integrated with the design of the buildings and so that they are not highly visible from any road thoroughfare or adjacent property.  PROVIDED HOWEVER that it is the intent of the Vendor that the Subdivision shall contain good quality homes or chattels that are aesthetically appropriate for Alpine environment.

4.    The Transferee shall complete any building on the property within 18 months of laying down the foundations for such building and within 24 months the foundations shall complete all ancillary work such as fencing and landscaping AND FURTHER shall within that 18 month period construct in a proper and tradesmanlike manner a driveway or vehicle access in a permanent surfacing of concrete, concrete block, brick paving or tar-sealing.

5.    Once construction has been completed the Transferee shall not bring onto or allow to remain on the property or any internal road within the Transferor’s Subdivision and any temporary dwelling, caravan, trade vehicle or other equipment or materials or machinery unless garaged or screened so as to preserve the amenities of the neighbourhood.

6.    The Transferee shall not permit the Property to be occupied or used as a residence unless the buildings on the Property have been substantially completed in accordance with the terms herein specified and until the appropriate Local Authority Certificate has been issued for such building.

7.    The Transferee shall not construct any clothesline in such a way as to be highly visible from any road in the Transferor’s Subdivision.

8.    The Transferee shall maintain in a neat and tidy condition the land owned by the Local Authority in front of the Property.

9.    The Transferee shall ensure that in any construction, due allowance is made for adequate current and future drainage of all excess stormwater from the property, and the Transferee will be responsible for all costs, claims, or demands for any remedy or action undertaken for any breach of this provision

10.    The Transferee shall not display more than one advertisement, sign or boarding of a commercial nature on any part of the Property of building/s situated thereon.  Such advertisement, sign or boarding must be first approved in writing by the Transferor and must comply with all Local Authority Ordinances.

11.    The Transferee shall reinstate, replace or be responsible for all costs arising from damage to the landscape, roading, footpaths, kerbs, concrete or other structures in the Transferor’s Subdivision arising from the Transferee’s use of the Property directly or indirectly through the Transferee’s agents or invitees.

12.    The Transferee shall plant sufficient number of trees, and other plants in suitable areas between the dwelling house and the road frontage so that the land is attractively landscaped PROVIDED HOWEVER that any tree that impinges on an adjoining neighbour’s view, is required to be trimed to a height of no more than two (2) metres when fully mature.

13.    The Transferee shall lay all driveways and paths shown on the Plans and Specifications in permanent materials and complete landscaping of the land surrounding the building once construction is completed.

14.    The Transferee will not call on the Vendor to pay for or contribute towards the cost of erection or maintenance of any boundary fence between the land and any adjoining land of the Transferor provided that this covenant shall not enure for the benefit of any subsequent registered proprietor of any adjoining land. PROVIDED HOWEVER that if a Transferee is proposing to construct a fence they shall first seek the approval of the Vendors.

1.    The Transferee for the Transferee so as to bind the Property covenants and agrees with the Tansferor for the benefit of the benefiting Lots and the owners or occupiers from time to time of the Benefiting Lots that the Transferee shall henceforth and at all times hereafter observe, perform and keep each and every covenant, stipulation and restriction contained in Part A to the end and intent that those covenants, stipulations and restrictions shall forever enure for the benefit of the Benefiting Lots.

2.    The Transferee covenants that the Transferee will at all times hereafter save harmless and keep indemnified the Transferor from all proceedings costs, claims and demands in respect of  breaches by the Transferee of the covenants and restrictions on the Transferee’s part contained or implied in this transfer PROVIDED THAT the Transferee and any future owner of the Property will as regards the said covenants, stipulations, and conditions be liable only in respect of breaches which occur whilst the Transferee or future owner as the case may be is registered proprietor of the Property.

3.    The Transferee covenants that the Transferee will not call upon the Transferor to pay for or contribute towards the costs of erection or maintenance of any boundary fence between the property and the contiguous land owned by the Transferor, provided that the benefit of this covenant does not enure for the benefit of subsequent owners of the contiguous land.

4.    The Transferor will not be required or obliged to enforce all or any of the covenants contained in this Transfer, not will the Transferor be liable to the Transferee for any breach of any such covenants by any of the registered proprietors from time to time of the Benefiting Lots nor will the Transferor be liable to the Transferee in any manner if the land covenants relating to any of the Benefiting Lots differ from those contained in this Transfer.

5.    In this Transfer and its Schedules where the context admits:

(a)    “Benefiting Lots” means all the land comprised in the Transferor’s Subdivision  with the exception of the Property.

(b)    “Property” means the land transferred by this Transfer.

(c)    “Transferor’s Subdivision” means all the land originally comprised in Certificates of Title.