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AGREEMENT OF SALE BETWEEN ZEC4 (PTY) LTD AND __________________________ ("THE PURCHASER") IN RESPECT OF ERF NUMBER _______, OUTENIQUASBOSCH, HARTENBOS

AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

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Page 1: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

AGREEMENT OF SALE

BETWEEN

ZEC4 (PTY) LTD

AND

__________________________ ("THE PURCHASER")

IN RESPECT OF

ERF NUMBER _______, OUTENIQUASBOSCH, HARTENBOS

Page 2: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

INDEX

OFFER TO PURCHASE

NO CLAUSE HEADINGS PAGE

PART A

PART B

1 INTERPRETATION 1

2 SUSPENSIVE CONDITIONS 2

3 PURCHASE PRICE AND PAYMENT 3

4 THE PROPERTY 4

5 THE DEVELOPMENT SCHEME 4

6 TRANSFER OF THE PROPERTY 5

7 THE CONSTITUTION 5

8 SUNDRY CHARGES 6

9 OCCUPATION, RISK AND BENEFITS 6

10 OWNERSHIP 6

11 CONDITION, EXTENT AND TITLE CONDITIONS 6

12 PURCHASER'S GENERAL RIGHTS AND OBLIGATIONS 7

13 AGENT 7

14 BREACH 7

15 NOTICES AND DOMICILIA 8

16 SURVEY PEGS 8

17 JOINT PURCHASERS 8

18 CONSENT TO JURISDICTION 8

19 COMPANY TO BE FORMED 9

20 COMPANY/CLOSE CORPORATION/TRUST - FORMED 9

21 SUBSTITUTION 9

22 INTEREST 9

23 NON-VARIATION 9

24 WHOLE AGREEMENT 10

25 RELAXATION 10

______________________________________________________________________________

ANNEXURE A : LAYOUT PLAN AS REFERRED TO IN PARAGRAPH 3 OF PART A

Page 3: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

OFFER TO PURCHASE (Residential Erf)

The Purchaser described in paragraph 1 of Part A ("the Purchaser") hereby offers to purchase from the seller referred to in paragraph 2 of Part A ("the Seller") the property referred to in paragraph 3 of Part A ("the property"), which the Seller agrees to sell to the Purchaser subject to the terms and conditions set out in this agreement.

PART A

1. PURCHASER

1.1 Name :

ID/Registration number :

1.2 Marital status :

1.3 Street address :

1.4 Postal address :

1.5 Telephone no : (w) Telefax no :

1.6 Cell no : E-mail address:

1.7 VAT Registration no :

1.8 Name and designation of authorised representative :

2. SELLER

2.1 Name : CShell 114 (Pty) Limited

Registration number : 2005/030913/07

2.2 Street address :

2.3 Postal address : P O Box 154, Hartenbos, 6520

2.4 Telephone no : (w) Telefax no :

2.5 Cell no : E-mail address:

2.6 VAT Registration no : 4900225220

2.7 Name and designation of contact person : ______________________________.

3. THE PROPERTY

Erf No _________ in Phase No ___________, Hartenbos as depicted in the layout planannexed to this agreement as Annexure A, signed by the parties concurrently with thesigning of this agreement, in extent approximately _______________m² (square meters).

cop anc other

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4. PURCHASE PRICE (VAT included @ 15%) : R Deposit of 10% payable within 7 (seven) days after the signature date : R

Supplementary deposit of 10% payable within 10 (ten) days of notification of fulfilment of

the suspensive condition as per clause 2.1.1 of Part B : R_____________________ Balance of purchase price (payable on registration) : R

5. LOAN AMOUNT : R to be procured not later than 45 (forty five) days

after the date of notification by the Seller of fulfilment of the suspensive condition referred to in clause 2.1.1 of Part B.

6. EXPECTED REGISTRATION DATE (subject to clauses 5 and 6 of Part B): 6 (six) months after fulfilment of the suspensive condition referred to in clause 2.1.1 of Part B or such earlier or later date as the Seller may notify the Purchaser.

7. TRANSFERRING ATTORNEYS : Raubenheimers Incorporated, 60 Cathedral Street, PO

Box 21, George, 6530, Tel : (044) 873 2043, Email Address : [email protected] (Reference : Mr W M Luttig)

8. SPECIAL CONDITIONS : As per annexure (if applicable) signed by the parties. 9. SELLING AGENT : Name : Telephone : _______________

Income Tax No : __________________________________

10. All payments to be made by the Purchaser in terms of this agreement shall be paid into the

following trust account of the transferring attorneys :

Raubenheimers Inc Trust Account First National Bank (George) Account number 52294178630 Branch code 210114 Ref: OB (complete erf no)

11. ACCEPTANCE : On written acceptance of this offer by the Seller, it shall become a binding

agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign this agreement first, it shall constitute an offer open for acceptance by the Purchaser : Provided that the Seller may at any time by notice in writing before he receives the agreement, countersigned by the Purchaser (either delivered to him by hand or electronically), withdraw the offer.

NOTE : DOCUMENTS TO BE FURNISHED BY PURCHASER

1. IF THE PURCHASER IS A TRUST, A RESOLUTION SIGNED BY ALL THE TRUSTEES AUTHORISING THE PURCHASE OF THE PROPERTY (DATED ON OR BEFORE THE DATE OF SIGNATURE) TOGETHER WITH A COPY OF THE LETTERS OF AUTHORITY OF THE TRUST.

2. IF THE PURCHASER IS A COMPANY, CLOSE CORPORATION OR OTHER LEGAL ENTITY, A RESOLUTION SIGNED BY ALL THE DIRECTORS / MEMBERS AUTHORISING THE PURCHASE OF THE PROPERTY.

3. COPY OF THE SIGNATORY'S ID.

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PART B

TERMS AND CONDITIONS – OFFER TO PURCHASE 1. INTERPRETATION

1.1 Words and expressions defined or used in any of Parts A or B of this agreement shall, for purposes of the other Part, bear the meanings assigned to such words and expressions in the other Part.

1.2 Unless the context otherwise indicates, the following words and expressions shall

bear the following meanings assigned to them, namely-

1.2.1 "the/this agreement" means this document, including the appendices to this document;

1.2.2 “the approvals” means all statutory approvals relating in any manner to the zoning, subdivision and development of the land on which the development is to be established, including but not limited to approvals granted in terms of LUPO and LUPA, if applicable, and any Record of Decision issued by any Department of Environmental Affairs and Development Planning;

1.2.3 “business day" means a day which is not a Saturday, Sunday or South African public holiday;

1.2.4 "the Constitution" means the Constitution of the Outeniquasbosch Homeowners Association, being the Homeowners Association established in terms of LUPO for the development;

1.2.5 “develop” with reference to the development, the erection of buildings and related facilities for the use thereof in accordance with the approvals;

1.2.6 "the development" means the property development generally known as Outeniquasbosch located in the municipal area of Hartenbos;

1.2.7 "the layout plan" means (a) plan(s) of the whole or a part of the development showing the property in relation to other erven in (a) phase(s) of the development or the whole thereof annexed to this agreement as Annexure A;

1.2.8 "LUPA" means the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014);

1.2.9 “LUPO” means the Land Use Planning Ordinance 1985 (Ordinance 15 of 1985);

1.2.10 “the occupation date” means the date by which the Purchaser shall be entitled to occupy the property, which shall be the date referred to in clause 9.2 of this Part B;

1.2.11 “the parties” means all the parties to this agreement;

1.2.12 “prime rate” means the rate of interest per annum which is equal to Investec Bank Limited's published prime lending rate of interest per annum, compounded monthly in arrears, charged by the said bank from time to time. (In the case of a dispute as to the rate so payable, the rate shall be certified by any manager or accountant of any branch of the said bank, whose appointment

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or authority need not be proved and whose certificate shall be prima facie proof of the rate of interest and the period during which it applied);

1.2.13 "the property" means the Erf described in paragraph 3 of Part A;

1.2.14 "the purchase price" means the purchase price referred to in paragraph 4 of Part A;

1.2.15 "the Purchaser" means the party referred to in paragraph 1 of Part A;

1.2.16 "the Seller" means CShell 114 (Pty) Limited, registration number 2005/030913/07;

1.2.17 “the services agreement” means the written agreement concluded or to be

concluded by the Seller or its predecessor-in-title with Mossel Bay Municipality in connection with the supply of municipal and related services in respect of the development;

1.2.18 "the signature date" means the date upon which this agreement is signed by

the last party signing;

1.2.19 “the suspensive conditions” means the suspensive conditions referred to in clause 2;

1.2.20 "the transfer date" means the date on which the property is registered into the name of the Purchaser in terms of the Deeds Registries Act, 1937 (Act No 47 of 1937), and "transfer" shall have a corresponding meaning;

1.2.21 "the transferring attorneys" means the conveyancers appointed by the Seller

for purposes of attending to the transfer of the property to the Purchaser;

1.2.22 “VAT” means Value-Added Tax in terms of the VAT Act;

1.2.23 “the VAT Act” means the Value-Added Tax Act, 1991, as amended;

1.2.24 "writing" shall include an email successfully transmitted to the addressee;

1.2.25 any reference to the singular includes the plural and vice versa; 1.2.26 any reference to natural persons includes legal persons and vice versa; 1.2.27 any reference to a gender includes the other genders.

1.3 This agreement shall be governed by and construed and interpreted in accordance

with the law of the Republic of South Africa and shall for all purposes be deemed to have been concluded at Hartenbos, Province of the Western Cape.

2. SUSPENSIVE CONDITIONS

2.1 Subject to any suspensive conditions that may be referred to in paragraph 8 of Part A, this agreement is subject to fulfilment of the following suspensive conditions :

2.1.1 the Seller selling not less than 70% of the properties in the combination of

phases of the development of which the property forms part (of which the deposits have been paid and the balance of the funding have been approved or proof of the availability of funds have been furnished to the Seller) and the

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Seller notifying the Purchaser in writing that this condition has been fulfilled to its satisfaction;

2.1.2 the Purchaser on the security of the property obtaining a loan for the sum of the loan amount referred to in paragraph 5 of Part A at prevailing bank interest rates and conditions within the period referred to in paragraph 5 of Part A or within such longer period as the parties may agree to in writing.

2.2 The suspensive condition referred to in clause 2.1.1 is stipulated for the benefit of the Seller only and the Seller shall be entitled at any time to waive the benefits of all or any thereof.

2.3 If the transferring attorneys (as referred to in paragraph 7 of Part A) are not notified

of fulfilment of the suspensive condition referred to in clause 2.1.2 (if applicable) by the date referred to in paragraph 5 of Part A, the Seller shall be entitled to cancel this agreement by notice in writing to the Purchaser, in event whereof –

2.3.1 no party hereto shall have any claim against another arising out of or in

connection with this agreement; and

2.3.2 to the extent that this agreement may have been partially implemented, the parties shall be restored to the status quo ante (which shall include repayment to the Purchaser of any deposit paid by the Purchaser),

unless determined otherwise in this agreement.

2.4 The suspensive condition referred to in clause 2.1.2 is stipulated for the benefit of both parties who together shall be entitled to waive compliance with same or to extend the date against which it must be fulfilled: Provided that the suspensive conditions shall against proof of approval in principle by a bank that funds would be available for payment of the balance of the purchase price against registration of transfer, be deemed to have been fulfilled.

2.5 The parties undertake to forthwith do all things within their power and to take all reasonable steps as expeditiously as possible in order to secure fulfilment of the suspensive conditions and to give effect to the provisions of this clause 2.

2.6 Notwithstanding any other provisions, the Seller may by notice in writing to the

Purchaser cancel or mothball the development scheme and cancel this agreement if the suspensive condition referred to in clause 2.1.1 has not been fulfilled or if any terms or conditions imposed by the local authority or any other competent person or authority in granting any approval or consent in respect of the development scheme in the Seller's assessment are too onerous or costly to comply with, or should circumstances arise which in the Seller's assessment warrants the termination of this agreement, in case of which the provisions of clause 2.3 shall apply mutatis mutandis.

3. PURCHASE PRICE AND PAYMENT

3.1 The purchase price of the property is the amount referred to as such in paragraph 4 of Part A.

3.2 The purchase price shall be payable by the Purchaser to the Seller in cash against

registration of transfer of the property into the name of the Purchaser : Provided that the deposit shall be payable as set out in paragraph 4 of Part A.

3.3 For purposes of clause 3.2 –

3.3.1 the Purchaser shall within 10 (ten) days of being called upon to do so provide

the transferring attorneys with a bank guarantee acceptable to them for payment of the balance of the purchase price (taking into account the deposit paid in terms of paragraph 4 of Part A) against registration of transfer of the property into the name of the Purchaser, which guarantee may be called for

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when the suspensive conditions referred to in clauses 2.1.1 and 2.1.2 have been fulfilled;

3.3.2 the transferring attorneys are hereby authorised to release the deposit to the

Seller against registration of transfer.

3.4 Subject to any other provisions of this agreement, all amounts payable by the Purchaser to the Seller in terms of and arising from this agreement shall be made unconditionally and without deduction or set-off into the trust account of the transferring attorneys referred to in paragraph 10 of Part A.

3.5 The Purchaser may, instead of furnishing the guarantee referred to in clause 3.3.1, deposit into the trust account of the transferring attorneys the purchase price, which amount shall be released to the Seller against registration of transfer of the property into the name of the Purchaser.

3.6 Should the Purchaser deposit any portion of the purchase price into the trust account of the transferring attorneys as contemplated in clause 3.5 –

3.6.1 the Purchaser hereby authorizes the transferring attorneys to invest the sum

so deposited in an interest-bearing account with any of Standard Bank of South Africa Limited, Absa Bank Limited, First National Bank or Investec Bank Limited in terms of section 86(4) of the Legal Practice Act, No 28 of 2014;

3.6.2 the interest accruing on the investment concerned until the transfer date shall

be payable to the Purchaser immediately after the transfer date.

4. THE PROPERTY

4.1 It is recorded that the property may on the signature date not be registrable as defined in section 1 of the Alienation of Land Act, No 68 of 1981 (“the Act”).

4.2 When the land of which the property forms a part ("the land") has been subdivided,

the boundaries and measurements of the property shall be those of the property corresponding in the relevant subdivisional diagram (“the diagram”) to the property as reflected in the layout plan, whatever number may be given to the property on the diagram.

4.3 Should the boundaries and measurements of the property as reflected in the

diagram not correspond exactly with the boundaries and measurements reflected in the layout plan, then the parties agree to accept as the subject of this sale the property with the boundaries and measurements reflected in the diagram in approximately the same location as that reflected in the layout plan.

4.4 Subject to clause 4.2, the corresponding property shall in the event of disagreement

between the parties, be determined by the land surveyor who prepared the diagram, who shall be regarded as an expert and not as an arbitrator for this purpose and whose decision shall be final and binding on the parties.

5. THE DEVELOPMENT SCHEME

5.1 It is recorded that the development will be executed in the phases (as the term is understood in town planning terms) and that the municipal and other services will be constructed and supplied in phases, which will involve road building and other work

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("the works"), which will be installed after fulfilment of the suspensive condition referred to in clause 2.1.1.

5.2 The Purchaser shall not be entitled to terminate this agreement or have any claim against the Seller arising from any noise or dust pollution or inconvenience suffered as a result of the works, all of which the Purchaser accepts may endure until the development has been completed in its entirety.

5.3 The Purchaser warrants that it shall not do anything nor cause anything to be done or allow anything to be done by himself or any person in respect of whom he may have any vicarious liability including any members of his household or invitees, that may in any manner disrupt or hamper the execution of the works.

6. TRANSFER OF THE PROPERTY

6.1 Registration of transfer of the property into the name of the Purchaser shall be effected by the transferring attorneys as soon as may be possible after payment of the purchase price has been guaranteed in accordance with the provisions of clause 3.3 of this Part B and the property has become registerable. The parties shall use their best endeavours to ensure that the transfer is effected with all possible dispatch, taking into account the time required for fulfilment of the suspensive conditions and the completion of the works to the extent required for the issuing by the local authority of the certificate(s) required for purposes of the transfer.

6.2 The Purchaser shall provide the transferring attorneys with all such information and documents as are required for transfer purposes within 7 (seven) days of being called upon to do so.

6.3 The parties undertake to sign and return to the transferring attorneys all documents necessary and requisite to effect transfer of the property within 7 (seven) days of delivery thereof to them.

6.4 The transferring attorneys shall not be required to proceed with registration of transfer while the Purchaser is in default or breach of any of his obligations in terms of this agreement.

6.5 The Purchaser shall pay the costs of and incidental to the registration of transfer of the property into the name of the Purchaser. The Purchaser shall also be responsible for payment of all costs relating to the registration of any mortgage bond referred to in clause 2.1.2 of Part B.

6.6 The Purchaser may not before registration of transfer re-sell the property. 7. THE CONSTITUTION

7.1 The Purchaser acknowledges and accepts that he and his successors-in-title shall

on registration of transfer of the property into his name, become a member of the Outeniquasbosch Homeowners Association and as from the transfer date be bound by the provisions of the Constitution as if the Purchaser and his successors-in- title were signatories to the Constitution.

7.2 The purchaser acknowledges that he has read the Constitution and that it shall be a condition of his title deed that each owner of the property shall on registration of transfer become a member of the Homeowners Association.

7.3 The purchaser hereby agrees that the following condition, or in such other format or form as the transferring attorneys or the Registrar of Deeds may determine or approve, shall be registered against the title deed of the property: "The owner and his successors-in-title shall be members of the Outeniquasbosch

Homeowners Association established in terms of Section 29 of Ordinance 15 of

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1985 or of any Act that may replace the same, and he shall at all times be subject to the Constitution of the Homeowners Association and the rules thereof"; and

"The property shall not be transferred without the prior written consent of the Outeniquasbosch Homeowners Association".

"No improvements of any nature whatsoever shall be erected on the property, nor shall any exterior alterations, renovations or extensions to any building/s or other structures erected or to be erected on the property be made without the prior written approval of the Outeniquasbosch Homeowners Association, which consent shall not be unreasonably withheld."

8. SUNDRY CHARGES

8.1 The Purchaser shall as from the transfer date be liable for and pay all levies payable to the Homeowners Association in terms of the Constitution and all local authority charges, rates and taxes and accounts for water and electricity in respect of the property, pro-rated on a daily basis with reference to the transfer date.

8.2 Should any of the amounts referred to in clause 8.1 of Part B have been paid in

advance by the Seller, the Purchaser shall within 7 (seven) days of receipt of a written request refund the amount so paid in advance. The provisions of this clause 8.2 shall apply mutatis mutandis to the Seller if any such amounts are in arrears.

9. OCCUPATION, RISK AND BENEFIT

9.1 All risk in and benefit to the property shall, notwithstanding the date of signature of this agreement, pass to the Purchaser on transfer.

9.2 The Purchaser shall on the transfer date take occupation of the property.

10. OWNERSHIP

Ownership of the property shall pass to the Purchaser against registration of transfer of the property into the name of the Purchaser and payment of the purchase price in full to the Seller or the Seller's nominee.

11. CONDITION, EXTENT AND TITLE CONDITIONS

11.1 Save as otherwise stated in this agreement, the Purchaser –

11.1.1 acknowledges that it has inspected the property, that it is satisfied therewith and that he buys the same as is;

11.1.2 acknowledges that neither the Seller nor any representative of the Seller has given any guarantees or made any representations whatsoever in respect of the property not set out in this agreement.

11.2 The Seller renounces all claims to any excess and will not be answerable for any deficiency in the declared extent of the property should it be re-surveyed.

11.3 The property is sold subject to all the conditions and servitudes mentioned, set out or referred to in the current or prior title deeds of the property, or such other conditions and servitudes as may exist in regard thereto and any condition imposed on the granting of the approvals.

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12. PURCHASER'S GENERAL RIGHTS AND OBLIGATIONS

12.1 The Purchaser –

12.1.1 shall not be entitled to dispose of the property until he has made payment therefor in full or to cede or transfer any of his rights in terms of this agreement, except with the written consent of the Seller;

12.1.2 acknowledges that on registration of transfer of the property into his name,

he shall immediately become a member of the Outeniquasbosch Homeowners Association and the Purchaser acknowledges that he is aware of the duties and responsibilities encumbered upon him as a member of the Homeowners Association, and in particular, he is aware of the fact that a monthly levy will be payable by him to the Homeowners Association and that all buildings must comply with the Architectural Design Manual of the Constitution.

13. AGENT

The Purchaser acknowledges that he has been introduced to the property by the selling agent referred to in paragraph 9 of Part A and that the selling agent is the effective cause of the sale in terms of this agreement. The Purchaser warrants that he has not been introduced to the property by any other agent who may be entitled to or become entitled to commission as a result of the sale in terms hereof.

14. BREACH

14.1 Should the Purchaser breach any term or condition of this agreement and fail to remedy such breach within 7 (seven) days or within such a longer period as may, in the discretion of the Seller, be reasonably required, after the date of a notice to the Purchaser calling upon him to do so, the Seller shall be entitled, without prejudice to any other rights it may have, summarily and without recourse to law –

14.1.1 to terminate this agreement and to retain all amounts paid by the Purchaser pending finalisation of the amount of its damages, whether determined by agreement or an order of court; and

14.1.2 to use any of the amounts held in terms of clause 14.1.1 above as payment or part-payment for damages suffered as well as any other costs incurred because of such cancellation; or in the alternative to clauses 14.1.1 and 14.1.2;

14.1.3 to cancel this agreement and retain all amounts contemplated in clause 14.1.1 as liquidated damages and to claim payment of all amounts in arrears and performance of all and any other arrears obligations that the Purchaser has failed to perform by the date of such cancellation; or in the alternative;

14.1.4 to enforce performance of the terms of this agreement including (without derogating from the generality hereof), payment of the full balance of the purchase price and of all other amounts payable in terms hereof and to give transfer of the property into the name of the Purchaser.

14.2 Should the Seller cancel this agreement, the Purchaser hereby renounces all rights to receive compensation for any improvement effected on the property or any other expenditure incurred by the Purchaser.

14.3 Should this agreement be cancelled, the Purchaser or any occupier who obtained his right to occupy from the Purchaser shall immediately vacate the property.

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15. NOTICES AND DOMICILIA

15.1 The parties choose as their domicilia citandi et executandi their respective addresses set out in this clause for all purposes arising out of or in connection with this agreement at which addresses all processes and notices arising out of or in connection with this agreement, its breach or termination may validly be served upon or delivered to the parties.

15.2 For purposes of this agreement the parties' respective addresses shall be -

15.2.1 the Seller at his address referred to in paragraph 2 of Part A;

15.2.2 the Purchaser at his address referred to in paragraph 1 of Part A,

or at such other address in the Republic of South Africa of which the party concerned may notify the other in writing: Provided that no street address referred to in this sub-clause shall be changed to a post office box or poste restante.

15.3 Any notice given in terms of this agreement shall be in writing and shall -

15.3.1 if delivered by hand be deemed to have been duly received by the addressee on the date of delivery;

15.3.2 if posted by prepaid registered post be deemed to have been received by the addressee on the 8th (eighth) day following the date of such posting;

15.3.3 if transmitted by facsimile or email be deemed to have been received by the addressee on the day following the date of dispatch,

unless the contrary is proved.

15.4 Notwithstanding anything to the contrary contained or implied in this agreement, a written notice or communication actually received by one of the parties from another including by way of facsimile or email transmission shall be adequate written notice or communication to such party.

16. SURVEY PEGS

The Seller shall not be obliged to point out any surveyor's beacons or pegs in respect of the property.

17. JOINT PURCHASERS

Insofar as there may be more than one Purchaser in terms of this agreement, the liability of each of such Purchasers shall be joint and several.

18. CONSENT TO JURISDICTION

18.1 For the purposes of any proceedings arising out of or in connection with this agreement, the parties consent to the jurisdiction of the High Court of South Africa, Eastern Circuit Local Division, provided that any party shall have the right in its sole option and discretion to institute proceedings in any other Court of competent jurisdiction.

18.2 For purposes of this clause 18, this agreement shall be deemed to have come into

effect at the place where it is signed by the Seller.

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19. COMPANY TO BE FORMED

19.1 In the event of the Purchaser being a company to be formed the signatory for the Purchaser shall be personally liable for all the obligations of the Purchaser as though he contracted in his personal capacity if -

19.1.1 the company in respect whereof he acts as trustee is not incorporated within

45 (forty five) days of date of signature hereof by such signatory ; and

19.1.2 the company having been incorporated, fails to adopt and ratify unconditionally this transaction without modification within 5 (five) days of date of incorporation.

19.2 Upon timeous formation of the said company and due and timeous ratification and

adoption of this transaction as aforementioned the said signatory shall become and be liable to the Seller as surety for and co-principal debtor with the company for its obligations as Purchaser in terms of this agreement under renunciation of the benefits of the exceptions of excussion and division and cession of action.

19.3 Until formation of the company, the signatory shall be personally liable for all the

obligations of the Purchaser as though he contracted in his personal capacity. 20. COMPANY/CLOSE CORPORATION/TRUST – FORMED

In the event of the Purchaser being a company or a close corporation or the trustees for the time being of a trust, the signatory for the Purchaser by his signature hereto binds himself to the Seller as surety and co-principal debtor in solidum for the Purchaser under renunciation of the benefits of the exceptions of excussion and division and cession of action, for the performance by the Purchaser of all the Purchaser's obligations in terms of this agreement.

21. SUBSTITUTION

21.1 The Seller may at any time carry out any of the Purchaser's obligations in terms of this agreement which the Purchaser has failed to carry out within a reasonable time after being required by the Seller to do so, and the Seller may, at its sole discretion, exercise such right in addition to or instead of (but without prejudice to) and other right which it may have in terms hereof and the Purchaser shall pay to the Seller on demand all costs and expenses incurred by the Seller in carrying out the Purchaser's neglected obligations.

21.2 The Purchaser hereby irrevocably and in rem suam authorises the Seller with power

of substitution to sign all documents on his behalf to give effect to the Seller's powers in terms of clause 21.1 of Part B.

22. INTEREST

Should the Purchaser fail to pay any amount on due date in terms of this agreement, such amount shall bear interest at the prime rate charged by Investec Bank Limited from time to time, plus 2%, calculated from the due date until the date of payment, payable on demand.

23. NON-VARIATION

No addition to or variation, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the parties or their duly authorised representatives.

Page 14: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

10

24. WHOLE AGREEMENT

This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties.

25. RELAXATION

No extension of time, leniency or indulgence granted by the Seller to the Purchaser shall be deemed in any way to affect, prejudice or derogate from the rights of the Seller in any respect under this agreement, nor shall it in any way be regarded as a waiver of any of the Seller's rights hereunder, or a novation of this agreement.

NAME

NAME AND DESIGNATION OF AUTHORISED SIGNATORY, WHO WARRANTS THAT HE

HAS BEEN DULY AUTHORISED THERETO

SIGNATURE

DATE

PLACE OF SIGNING

CShell 114 (Edms) Beperk

P D van Zyl

(Purchaser - complete)

Page 15: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

1

ANNEXURE A

LAYOUT PLAN AS REFERRED TO IN PARAGRAPH 3 OF PART A

Page 16: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

N

stored: f:\drawings\App\Pr04/17L14.drg

55345 7632 m²

(Remainder Agriculture)

473375 m²

471375 m²

472375 m²

474513 m²

475393 m²

476375 m²

477386 m²

478472 m²

479380 m²

480375 m²

481

486388 m²

484390 m²

485380 m²

487388 m²

482375 m²

488380 m²375 m²

5461 000 m²

(Cell mast)

4895 498 m²

(Business I I )

Entrance GateBusiness Entrance

545481 m²

546481 m²

547481 m²

548481 m²

549481 m²

550481 m²

551481 m²

1:100 yr FLOODLINE

1:100 yr FLOODLINE

STATION 1

STATION 1

STATION 2

STATION 3

STATION 4

STATION 5

STATION 6

CENTREEQUESTRIAN

DRESSAGECENTRE

STABLES

STABLESSTABLES

STABLES

STATION 2

1:100 YEAR FLOODLINE

1:100 YEAR FLOODLINE

REFER NOTE 4

REFER NOTE 4

REFER NOTE 5

1:100 YEAR FLOODLINE

1:100 YEAR FLOODLINE

STATION 3

REFER NOTE 4

2311668 m²

2231661 m²

2242094 m²

2251809 m² 226

1677 m²

2271485 m²

2281521 m²

2291400 m²

2301560 m²

2321746m²

2331564 m²

2341369 m²

2351577 m²

2481448 m²

2491471 m²

2511767 m²

2521767 m²

2531520 m²

2561670 m²

2611526 m²

55256 823 m²

(Resort Zone I I )

BOS

DUIF

K IN G F IS HE R R O A D 6 m

BLUE C

RANE

ROAD

6m

F IS H E A G L E R O A D 5.5 m

BLACK E

AGLE R

OA

D 16 m

R.V.W. 5.67m

Groepsbehuising

Creche

Besighede

Parkering

Kerk

Gemeenskaps

Nature conservation area

Fasiliteit

P ri va t

e Oo p

R u imt e

CA PE FR ANC OL IN R OAD 5.5 m

SECRETARY BIRD ROAD 5.5 m

5219

5220

52215222

52245225

5226 5227 5228 5229

52305231

52325233

5234

5235

5236 5237 5238

5239

5240

52415242

5243

5244

52535254

52555256

52575258

5259

5260

52615262

5263

5264

5265

5266

5267

5268

5269

52705271

5272 5273

52745275

5276

52775278 5279

5280

5281

5282

5283

5284

5285 POS

5290

5291

52925293

5294

52955296

5297

5298

52995312

5313

5314

5315

53165317

5318 5319 5320 53215322 5323

53245325

5326

5327

5328

5329

5330

53315332

5333

5334

5335

5336

5337

5338

5339

5340

53415342

5343

5344 5345

5346

5347

5348

5349

53525400

5402 5403 5404 5405 5406 5407 5408 5409

5422

5424

5425

5607

5729

5267 53005301

53025303

53045305530653075308

53095310

53115350

5351

5353

5354

5355

5356

53575358

5359

53605361

5362

5363

5364

5365

5366

5367

5368

5369

5370

5371

5372

5373

5374

5375

5376

5377

5378

5379

53805381

5382

5383

5384

5385

5386

5387

5388

5389

5390

5391

5392

5393

5394

53955396

5397 53985399

54105411

54125413

54145415 5416 5417 5418

54195420 5421

5423

5426

5427

542854295430

54315432

543354345435543654375438

54395440

54415442

5443544454455446544754485449

5450

5451

5452

5453 5454

5455

5456

5457 5458

54595460

5461 5462

54635464

5465

5466

5467

5468

5469

5470

5471 5472 5473 5474

54755476

54775478

54795480 5481 5482 5483 5484

5485 54865487

54885489

54905491

5492

54935494

54955496

54975498

5499

55005501

55025503

550455055506

55075508

5509551055115512

5513

5514

55155516 5517

5518

5519

5520

5521

5522

5523

5524

5525

5526

5527

5528

5529 5530 5531 5532 5533

55345535

55365537

5538

5539

5540

5541

55425543

554455455546

55475548

554955505551

55525553

5554

5555

555655575558

55595560

55615562

5563

55645565 5566

55675568

55695570

5571 5572 5573 5574 5575 5576 5577 5578 5579 5580 55815582

5583

5584

5585

55865587

558855895590559155925593559455955596559755985599

5600560156025603

560456055606

5608

5609

5610

5611

5612

56135614

5615

5616

5624

5625

5626

56275628

5651

5652

5653

5664

56655666

5667

5668

5669

5670

5671

56725673

56745675

56765677

5678

5679

5680

5681

56825683

56845685

5686

5687

568856895690

56915692

5693

5694

5695

5696

5697

5698

5699 5700 57015702 5703

5704

5705570657075708

5709

5710

57115712 5713 5714

5715

5716571757185719

57205721

57225723

5724

5725

5726

5727

5730

5729

5728

56295631 5632

56335622

5630

5623 5623

5620

56195618

5617

5634

5635

5636

5637

5638

5639564056415642

56435644

5645

5646

5647

564856495650

5654

5655 5656

5657

56585659

5660

5661

56625663

Private Oop Ruimte

POR

POS

POR5223

POR

5286

POS

POS

PORGroepsbehuising

PrivateOop ruimte

PrivateOop ruimte

Priva

te O

op R

uimte

Private Oop Ruimte

POR

PrivateOop ruimte

PrivateOop ruimte

PrivateOop ruimte

PO

PrivateOop ruimte

BLU

E C

RAN

E R

OA

D 6

m

CAPE GANNET R

OAD 5 m

PAPAG

AAID

UIF 10m

NAMAKWADUIF 10m

KAMEELDUIF 5m

BLUE CRANE ROAD 13 m

BLUE CRANE ROAD 13 m

RIET

DUIK

ER RO

AD 5.

5 mCA PE GANNET R OAD 5 m

GUINEAFOWL ROAD 5.5m

G U INE A FO W L R O A D 5.5m

KINGFISHER ROAD 6 m

BLUE CRANE ROAD 8m

FISH EAGLE ROAD 5.5m

SECRETARY BIRD ROAD 5.5m E M E R A LD DU IF 5m

T O RT E L DU IF 5m

KRANSDUIF 10m

GU

INEAFO

WL R

OAD

5.5m

LEMOENDUIF

5 m

K R O O N K IE W I E T RO A D 5 m

WITBORSDUIF ROAD 5 m

BLUE C

RANE RO

AD 6 m

S E C R E T A R Y B IR D RO A D 5.5m

B L A CK E A G L E R O A D 5.5 m

B L A CK E A G LE RO A D 5 .5 m

CA PE FR ANC OL IN R OAD 5.5 mSE

CRET

ARY

B IR

D R

OAD

5.5

m

hockeyhockeycricket

School Building

Net ball

At hlet ics and /orrugby/soccer

Tennis

Rugby

Pool

1821517 m²

1681510 m²

1432 m²

2413 m²

13429 m²

14432 m²

15430 m²

16429 m²

17434 m²

18426 m²

19426 m²

20426 m²

21432 m²

22426 m² 23

426 m² 24409 m² 25

409 m² 26404 m² 27

404 m² 28404 m² 29

403 m²

30409 m²

31399 m²

32400 m²

33429 m²

34429 m²

35435 m²

36430 m²

37432 m²

38432 m²

39432 m²

40429 m²

41431 m²

42421 m²

43429 m²

44413 m²

45411 m²

46410 m²

47417 m²

48412 m²

49412 m² 50

412 m² 51412 m² 52

427 m² 53435 m² 54

435 m² 55436 m² 56

430 m²

57439 m²

58437 m²

59432 m²

60432 m²

61436 m²

62408 m²

63399 m²

64424 m²

65418 m²

66421 m²67

423 m²68426 m²

69423 m²

70401 m² 71

400 m²

72400 m²

73400 m²

74401 m² 75

401 m² 76401 m²

77400 m²

78422 m² 79

461 m² 80463 m²

81475 m²

82549 m²

83416 m²

84420 m²

85440 m²

86423 m²

87418 m²

88419 m²

89423 m²

90435 m²

91440 m²

92441 m²

93457 m²94

442 m²

49193 018 m²

Institutional I)

1451488 m²

1611503 m²

1621561 m²

1631503 m²

1641330 m² 165

1523 m²166

1645 m²

1671558 m²

1691497 m²

1701458 m²

1871508 m²

1881535 m²

1891538 m²

1901627 m²

1931545 m²

1941544 m²

1951544 m²

1961665 m²

1971574 m²

1981514 m²

1991421 m²

2001658 m²

2011485 m²202

1485 m²2031485 m²204

1485 m²2051430 m²

2061493 m²

2151486 m²

2161486 m²

2171547 m²

2181730 m²

2191498 m²

981368 m²

991368 m²

1001527 m²

1011501 m²

1021960 m²

1031754 m² 104

1586 m²105

1970 m²

1062022 m²

4191117 m²

4201193 m²

1071704 m²

1081486 m²

1091531 m²

1101721 m²

1112193 m²112

1460 m²113

1461 m²

1141460 m²

1151460 m²

1161460 m²

1171475 m²

1181499 m²

1191423 m²

1201418 m²

1211859 m²

1222048 m²

1232202 m² 124

2032 m² 1251861 m²

1262075 m²

1272117 m²

1282034 m²

1292063 m²

1301732 m²

1311846 m²

1321773 m²

1331710 m²

1341731 m² 135

1730 m² 1361727 m² 137

1735 m²

1381500 m²

1391500 m²

1401460 m²

1411460 m²

1421449 m²

1431460 m²

+73000 X

+85000 Y

+73000 X

+83000 Y

+75000 X

+85000 Y

+75000 X

+83000 Y

Gedeelte 15

Plaas No. 149

17/149

28/217

Rem 219

1/143

17/14942/149

101/217

2/217

118/217

11/217

48/149

30/14918/149

119/217

9/149

16/149

1441490 m²

1461503 m²

Club House

1471583 m²

1481580 m²

1491622 m²

1501550 m²

1511463 m²

1521848 m²

1531614 m²

1541525 m²

1551547 m²

1561530 m²

1571528 m²

1591503 m²

1601535 m²

1711498 m²

1721466 m²

1731995 m²

1741595 m²

1751767 m²

1761608 m²

1771897 m²

1781819 m²

1791754 m²

1801497 m²

1811624 m²

1831550 m²

1841585 m²

1851582 m² 186

1678 m²

1583124 m²

1921763 m²

2071535 m²

2081508 m²

2091508 m²

2101508 m²

2111524 m²

2121484 m²

2131530 m²

2141486 m²

2201498 m²

2211498 m²

2221495 m²

1911601 m²

2361427 m²

2371570 m²

2381364 m²

2391968 m²

2401526 m²

2411500 m²

2421500 m²

2431506 m²

2441494 m²

2451451 m²

2461448 m²

2471448 m²

2501438 m²

2541499 m²

2551488 m²

2571529 m²

2591526 m²

2601717 m² 262

1576 m²

2631491 m²

2641506 m²

2651453 m²

2661517 m²

2671500 m²

2681517 m²269

1552 m²

2701420 m²

2711675 m²

2721455 m²

2731450 m²

2741463 m²

2751424 m²

2761420 m²

2771422 m²

2781422 m²

279934 m²

280975 m²

281996 m²

282959 m²

283930 m² 284

1111 m²

285917 m²

286932 m²

287911 m²

2881007 m²

2891067 m²

2901023 m²

2911074 m²

292980 m²

2931281 m²

2941044 m²

2951123 m² 296

845 m²

297918 m²

2993001163 m² 1041m²

4141028 m²

4151028 m²

4161021 m²417

1020 m²

4181021 m²

12441 m²

3391011 m²

340990 m²

3411000 m²

3421054 m²

3431001 m²

3441029 m²

3451119 m²

3461177 m²

3471031 m²

348969 m²

349967 m²

362962 m²

363990 m²

3641001 m²

365990 m²

366991 m²

367990 m²

3681061 m²

3691007 m²

370990 m²

11430 m²

350952 m²

351952 m²

352983 m²

353991 m²

354996 m²

355985 m²

356987 m²

357991 m²

358938 m²

3591085 m²

360947 m²

3611000 m²371

1025 m²

372990 m²

373974 m²

374990 m²

4211189 m²

4221034 m²

4231034 m²

437987 m²

438986 m²

439868 m²

448857 m²

449989 m²

4501076 m²

451906 m²

452998 m²

453870 m²

454904 m²

455891 m²

456950 m²

457930 m²

458975 m²

459912 m²

464889 m²

4651016 m²

466997 m²

2981067m²

4671075 m²

4681028 m²

4691082 m²

413980 m²

389599 m²

3434 m²

4432 m²5

432 m²6426 m²

7427 m²

8428 m²

9431 m²

95437 m²

96441 m²

97452 m²

10431 m²

375980 m²

3761006 m²

3771068 m²

378912 m²

379918 m²

380985 m²

3811136 m²

3821027 m²

3831064 m²

3841148 m²

3851075 m²

3861275 m²

387995 m²

388986 m²

3901075 m²

3911139 m²

3921101 m²

3931098 m²

3941085 m²

395980 m²

396981 m²

397987 m²

400951 m²

4011216 m²

402980 m²

403982 m²

404959 m²

405998 m²

4061016 m²

4071063 m²

4081084 m²

4091054 m² 410

993 m²

411980 m²

4121012 m²

398970m²

3991221m²

523368 m²

492367 m²

493362 m²

494351 m²

495350 m²

496387 m²

497375 m²

498361 m²

499381 m²

500356 m² 501

372 m² 502364 m²

503366 m²

504368 m²

505360 m²

506355 m²

507384 m²

508363 m²

509399 m²

510379 m²

511387 m²

512390 m²

513390 m²

514388 m²

515391 m² 516

374 m²517

377 m²

518382 m²

519356 m²

520393 m² 521

393 m²

522380 m²

524367 m²

525387 m²

526382 m²

527359 m²

528387 m² 529

355 m²

530371 m²

531371 m²

532375 m²

533365 m²

534416 m²

535390 m² 536

381 m²

537358 m²

538370 m²

539366 m²

540364 m²

541387 m²

542396 m²

543365 m²

544376 m²

4905 946 m²

(Business I I )

441866 m²

440892 m²

442865 m²

443865 m²

444865 m²

445903 m²446

885 m²

447878 m²

4601067 m²

461966 m²

462986 m²

4631058 m²

47021 498 m²

483375 m²

5472 000 m²

(Municipal)

5482 000 m²

(Municipal)

2581508 m²

Acc

ess

Se

rvitu

de (

5m)

Dzombo Street

Kambaku Street

Ndlulamithi Street

Schingwedzi Street

João Street

Mav

alan

ga S

treet

Bidzane Street

Madolo Street

Timaka Street

Mcu

lu S

treet

Masasana Street

Mbazo Street

Ndlo

vane

Stre

et

Nto

mba

zana

Stre

et

Botsotso Street

Vusopfa

Stre

et

Matlakusa Street

Than

dam

amba

Stre

et

OUPOOT STREET

Ngonyama Street

Shawu Street

Mafunyane Street

Dzombo Street

1. Oupoot Street2. Mafunyane Street3. Ngonyama Street4. Shawu Street5. Dzombo Street6. Kambaku Street7. Ndlulamithi Street8. João Street9. Schingwedzi Street10. Mavalanga Street11. Bidzane Street12. Madolo Street13. Timaka Street14. Mculu Street15. Masasana Street16. Mbazo Street17. Ndlovane Street18. Ntombazana Street19. Botsotso Street20. Vusopfa Street21. Matlakusa Street22. Thandamamba Street

0m100m200m 200m

A4 = SCALE 1:20 000Graphic Scale

400m300m400mSUBDIVISION PLAN

PORTION 16 & REMAINDER OF PORTIONS 9 & 15OF THE FARM OUTENIQUASBOSCH NO 149

AND PTN 119 (was PTN 10) & 28 OF THEFARM HARTENBOSCH NO 217, DIVISION &

MUNICIPALITY OF MOSSEL BAYDRG NR. : PR04/17/L14 DATE: Dec 2017

PLAN 8

HA %

0,09

HA

0,500

%HA %HA %

TOTAL 556

1

569.137

HA

7,666

53,974

4,129

1,144

9,302

17,380

97

2

54

3

398

429,279

Residential Zone IIGroup housing (Erf size ± 400 m²)Erf No 1 - 97

Business Zone IIErf No 489 - 490

Institutional Zone I (Educational)Erf No 491

Residential Zone IErf No 98 -469; 470; 471-488;545-551

Private Roads

Open Space Zone II(Including clubhouse; Equestriancentre)

Authority / Utility (Cellphone Mast:Erf size ± 1000 m²)(Municipal Utility ± 2000 m²)Erf No 546 - 548

Agriculture Zone I(Remainder = Erf No 553)

%

1,35

9,48

0,73

0,20

1,63

3,05

75,43

100,00

45,7631 8,04

URBAN & ENVIRONMENTAL PLANNERS

7'

e-mail: [email protected]

STAD

S & O

MGEW

INGS

BEPL

ANNE

RS 21 Trotter Street, PO Box 2180KNYSNA 6570

(044) 382 0420086-459-2987

LEGEND: ZONINGS

QTYZONING QTYQTYQTYQTYResort Zone IIErf No 492 - 544; 552

STREET NAMES

Marike Vreken

23

1112

1314

22

21

5

12

3

7

16

17

19

4

6

25

18

89

10

15

20

24

4241028 m²

4251028 m²

4321033 m²

4331022 m²

4341017 m²

4351017 m²

436987 m²

4401043 m²

4411043 m²

4421029 m²

4441006 m²

445980 m²

446980 m²

4391076 m²

4261081 m²

4271021 m²

4281073 m² 429

1072 m²

4301006 m²

4311006 m²

4431036 m²

3381448 m²

3021482 m²305

1508 m²

3061498 m²

3071714 m²

3081558 m²

3091720 m²

3101471 m²

3111518 m²

3121505 m²

3131465 m²

3141498 m²

3151527 m²

3161582 m²

3171507 m²

3181508 m²

3191545 m²

3201608 m²

3211505 m²

3221505 m²323

1608 m²

3241509 m²

3251509 m²

3261499 m²

3271480 m²

3281461 m²

3291494 m²

3301536 m²

3311494 m²

3321461 m²

3331449 m²

3341518 m²

3351468 m²

3361467 m²

3371432 m²

3011508 m²

3031561 m²

3041510 m²

Page 17: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

Kambaku Street

Ngonyama Street

Shawu Street

Dzombo Street

Ngonyama Street6629 6631

663266336634

66356636

6637

6581

6582

66256626 6627 6628 6630

658865896590

6583

6584658565866587

6571 6572 6573 6574 6575

6577

6578

6579

6599 66006601 6602 6603

66046605660666076608

6646

6647

66486649

65616562

65636564

6565 6566 6567 6568 6569 6570

65916592

6593 6594 6595 6596 6597 6598

660966106611661266136614

66156616

654865496550

65516552

655365546555

6556

6557

6558

6559

6560

6645

6617 66186619

66206621

6622 66236624

663866396640

66416642

66436644

7298

7299

7307

73217322

73237324

7325

65396540654165426543

6544

6545

65286529

6530 65316532 6533

6534

65376538

7308

730973107311

73127313

7314

7315

1512m²

1637m²1559m² 1512m²

1519m²

1512m²1512m²

1512m²

2283m²

1526m²1500m²

1500m² 1500m²

1500m²1500m²

1500m² 1517m²

1891m²

1504m²

1504m²

1775m²

1736m²

1736m²

1736m²1736m² 1775m²

2075m²2121m²

2020m²2054m²

1800m²

1834m²

1532m²

1500m²

1704m²

424m²426m²

421m²

443m²

429m²431m²

425m²

440m²456m²444m²

451m²448m²

565m²

453m²

425m²425m²

439m²

480m² 484m²

453m²

439m² 439m²

430m²

426m²

424m²422m²423m²437m²

437m²437m²

437m²445m²

431m²

432m²

438m²

401m²

401m²

401m²401m²

401m²402m²415m²

429m²430m²408m² 438m²

430m²

475m²

424m²424m²

424m²424m²

424m²424m²

424m²424m²

409m²

409m²

409m²409m²

409m²409m²

409m²

444m² 444m² 444m² 444m² 444m²444m²

454m²454m²

454m²

412m²

412m²

410m²

412m²

412m²

424m²437m²

452m²

433m²433m²

433m²433m²

444m²

442m²442m²

442m²

431m²

430m²

475m²

430m²

439m²

439m² 410m²

4895 768 m²

(Business II)

OUPOOT STREET

1

2

36535

6536

410m²6576

424m²6580

5394

URBAN & ENVIRONMENTAL PLANNERS

7'

e-mail: [email protected]

STAD

S & O

MGEW

INGS

BEPL

ANNE

RS

21 Trotter Street, PO Box 2180KNYSNA 6570

(044) 382 0420086-459-2987Marike Vreken

PHASE 1 - 3

12

13

14

15

1622

23

2425

26 2728

30

31

32

34

35

36

37383940

41

4243

44

45

4647 48 49 50

51

5253

5455

56

5758

5960

61

6263

64656667

68

69

7071

72

73

7475 76

77

7879

8081

82

83

84

858687

88

8990

9192

9394

12

11

3

4

5

67

8

9

95

969710

2120191817

144143

142 141140

139138

120

119118 117

116115 114 113 112

111

110

29

33

Page 18: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

Dzombo Street

Kambaku Street

Ndlulamithi Street

Mbazo Street

Ndl

ovan

e St

reet

Ndlulamithi Street

358

282895 m²

283886 m²

284893 m²

285

286940 m²

287923 m²

288

7327

7335

733673377338

7332

7333

7334

7330

7331

7352

7353

7373

7358 7359

7360

73617362

7372

73397340

7341

7342

7343

7344

7345

7363

7364

73657366

73677368

7375

7346

7347

7348

7349 7350 7351

7354

7355

7356

7357

7369

7370 7371

7374

7298

7299

7300

7301

7307

7316 7317 73187319

7320

732173227323

73247325

73027303 7304 7305

7306

6545

65286529 6530 6531 6532 6533 6534

7326

7308

730973107311

73127313

73147315

1653m²

1653m²

1534m²

1535m²

1601m²

1604m²

1602m²

1600m²

1600m²1833m²1616m²

1624m²

1804m²

1653m²2007m²

2121m²

1500m²1611m²

1461m²

1502m²

1632m²1632m²1460m²

1535m²

1561m²

1503m²

1535m²

1707m²1607m²

1585m²

1547m²1526m²

1503m²

1596m²

1581m²1618m²

1518m²

1520m²

1624m²1512m²

1755m²

1837m²

1639m²

1606m²

1504m²

1504m²

1981m²

2025m²

1616m²1804m²2080m²

1775m²

1736m²

1736m²1736m²

1736m² 1775m²

2000m²2019m²

2075m²2121m²

2057m²2110m²

2038m²

2020m²2054m²

1800m²1834m²

1532m²

1500m²

1704m²

6535

8

10

5335

5340

53415342

5343

5344

5348

5349

5352

5350

5351

5353

5354

5355

5356

5357

5361

POS

POR

Club House

URBAN & ENVIRONMENTAL PLANNERS

7'

e-mail: [email protected]

STAD

S &

OMGE

WING

SBEP

LANN

ERS

21 Trotter Street, PO Box 2180KNYSNA 6570

(044) 382 0420086-459-2987Marike Vreken

PHASE 8 & 10

98

99

100

101

102103 104 105

106

107

108

109

121 122123

124

125

126127128

129130

131

132

133

134135

136 137

168

145

161

162

163

164165 166

167

169

170

146

147

148

149

150

151152

153

154155

156

157

159

160

171172

173 174

176177

178

179

180

181

183

184

185 186

158

182

175

Page 19: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

CONSTITUTION

OF

OUTENIQUASBOSCH HOME-OWNERS ASSOCIATION

OUTENIQUASBOSCHThe Wildlife Village

Page 20: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

[WvB/jb/W23893/V330 : CONSTITUTION : OUTENIQUASBOSCH HOMEOWNERS ASSOCIATION : 26/09/2019] 1

OUTENIQUASBOSCH

HOMEOWNERS ASSOCIATION

1. NAME

The name of the association is Outeniquasbosch Homeowners Association.

2. DEFINITIONS AND INTERPRETATIONS

2.1 In this constitution, unless inconsistent with or otherwise indicated by the context, the following terms shall have the following meanings assigned to them :

2.1.1 "AGM" means the annual general meeting of the Association as referred to in clause clauses 9.1.1 and 9.1.3;

2.1.2 “alienate” with reference to any erf or any part thereof, includes alienation by way of sale, exchange, donation, inheritance, cession, assignment and letting for more than 10 (ten) years to the same person, irrespective of whether such alienation is subject to a suspensive or resolutive condition, and ‘alienation’ shall have a

corresponding meaning;

2.1.3 "the approvals" means all statutory approvals relating in any manner to the zoning and development of Outeniquabosch including but not limited to approvals granted in terms of LUPO, LUPA, any Record of Decision issued by a national or provincial Department of Environmental Affairs and Development Planning and any approval relating to the construction of roads and the supply of water, electricity, sewer and refuse removal services;

2.1.4 "the Architectural Design Manual" and "ADM" means the manual describing the architectural design of buildings in the development and matters related thereto approved in writing by the developer before the first transfer of an erf in the development in the name of a member, as amended from time to time in terms of clause 10.1.6;

2.1.5 "the Architectural Rules" means the rules relating in general to the approval and execution of building plans and matters incidental thereto approved in writing by the developer before the first transfer of an erf in the development in the name of a member, as amended from time to time in terms of clause 10.1.7;

OUTENIQUASBOSCHThe Wildlife Village

Page 21: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

MEMBERSHIP FORM

ACCEPTANCE OF THE CONSTITUTION OF OUTENIQUASBOSCH HOMEOWNERS ASSOCIATION

I, the undersigned purchaser, who purchased the property referred to in paragraph 1 hereby accept that I will upon transfer of the property into my name become a member of the Outeniquasbosch Homeowners Association, a Homeowners Association established to manage, regulate and control the use of properties located within the development area generally known as Outeniquasbosch at Hartenbos. I accept the terms and conditions of the Constitution of Outeniquasbosch Homeowners Association and agree to comply with the terms thereof, which shall remain binding upon me for as long as I remain the registered owner of the property. For the avoidance of doubt I furthermore confirm that I will at all times be bound by the terms of the Architectural Design Manual, the Architectural Rules, the Construction Rules and the Schedule of Contraventions and Penalties as provide for in terms of the Constitution as the same may from time to time be amended as well as the rules that may otherwise from time to time be prescribed in terms of the Constitution.

1. PURCHASER / TRANSFEREE

Name: ________________________________________________________

Identity Number / Registration Number: ______________________________

Address: ______________________________________________________

Landline / cell phone number: ______________________________________

E-mail address: _________________________________________________

2. PROPERTY

Erf Number, Hartenbos : __________________________________________

Date of purchase: _______________________________________________

The terms herein set out are stipulations by the seller of the property for the benefit of Outeniquasbosch Homeowners Association, which are irrevocable and open for acceptance by the Homeowners Association at any time, but which will in any event for all purposes be deemed to have been accepted by the Homeowners Association upon the date of registration of transfer of the property into my name.

I hereby acknowledge that I have had access to the latest versions of the documents referred to in the first paragraph of this document and that I accept the terms thereof.

By my signature hereto I confirm having read the said documents before I signed this form of acceptance and confirm that I understand the terms thereof.

FULL NAMES NAME OF AUTHORISED REPRESENTATIVE AND ID

NUMBER

SIGNATURE DATE

Purchaser / Transferee:

_______________________

Seller:

_______________________

Page 22: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

`

ARCHITECTURAL DESIGN MANUAL – October 2019

Page 23: AGREEMENT OF SALE...agreement of sale between the Seller and the Purchaser subject to fulfilment of the suspensive conditions set out in clause 2 of Part B. Should the Seller sign

Page 2 of 57

1.0 INTRODUCTION ……………………………………………………………………………………………………….. 3 2.0 REGULATORY DEFINITIONS …………………………………………………………………………………….. 4 3.0 DEFINING THE ARCHITECTURE ……………………………………………………………………………….. 10 4.0 DESIGN MANUAL ……………………………………………………………………………………………………. 13 5.0 ERF TYPES KEY PLANS …………………………………………………………………………………………….. 26 6.0 PROCEDURE FOR APPROVAL OF PLANS ………………………………………………………………… 38 7.0 LANDSCAPE MANUAL ……………………………………………………………………………………………. 40 8.0

APPENDIX A: WALL COLOURS ……………………………………………………………………………….. 42

APPENDIX B: GUIDELINE PLANTING LIST ……………………………………………………………….. 43

APPENDIX C: CONCEPT BUILDING PLAN SUBMISSION FORM ……….………………………. 52

APPENDIX D: FINAL BUILDING PLAN APPLICATION FORM ……….…………………………… 54

APPENDIX E: ALTERATIONS APPLICATION FORM …………………………………………………. 56

TABLE OF CONTENTS