Common use of Building Covenants Clause in Contracts

Building Covenants. This Building Covenant has been created to facilitate the construction of a premier community with the objective of providing a diverse range of residential product. Sovereign Shores Estate is a well planned residential community offering contemporary living directly adjacent to the Broadwater, Coomera River and close to all amenities. When considering the design of your dwelling, purchasers are encouraged to utilise climatic responsive design principles that are applicable to coastal South-East Queensland (a) The Buyer acknowledges that the land is part of a premier residential subdivision and it is desirable, in the interests of all Buyers of lots within the development, that the Seller exercises supervision and control to ensure that a high standard of design, construction and finishes of the dwellings within the development is maintained. (b) As a result of the Seller’s desires and intentions in this regard the Seller has also produced Building Design Guidelines (hereinafter called ‘the Guidelines’) which set out architectural controls for dwellings being built within the Community, which form part of these Building Covenants as provided for in following Appendix A. (c) In consideration of the execution of the Contract of which this schedule forms part, the Buyer covenants and agrees to the building covenants (which are deemed to incorporate the Guidelines). (d) Any information supplied by or on behalf of the Seller is supplied for the convenience of the Buyer and does not form part of the Contract. The accuracy of any information supplied is not warranted by the Seller and the Buyer acknowledges that it has entered into this Contract solely on the basis of the Buyer’s own investigation. The Seller will not be liable in Contract or in Tort for the accuracy, adequacy or suitability of any information, documents or advice in relation to the condition of the Lot or its surroundings. (e) The Seller reserves the right at the request of the Buyer or at its own discretion to vary or exclude any of the obligations under the Covenants provided that such action will only be taken by it in keeping with the aims to establish a modern well designed residential estate. No variation will be effective unless it is in writing and signed by both parties. The Buyer hereby absolves the Seller from any liability whatsoever for any action taken in the variation or exclusion of any Covenant including a Covenant with any other Buyer in the estate. The Seller acknowledges that new products designed as substitutes or alternatives for the various materials listed herein will be marketed from time to time and provided these products, in its opinion, are not inconsistent with the aims of the covenant, they will at the absolute and sole discretion of the Seller, be acceptable. (g) The Buyer acknowledges and agrees that the lot may have been filled. The Buyer must make its own investigations to satisfy itself concerning any proposed building operation as to the suitability of any footing, foundations or proposed construction given the nature of the lot and as to any requirements of the Council in that regard.

Building Covenants. This Building Covenant has been created to facilitate the construction of a premier community with the objective of providing a diverse range of residential product. Sovereign Shores Estate is a well planned residential community offering contemporary living directly adjacent to the Broadwater, Coomera River and close to all amenities. When considering the design of your dwelling, purchasers are encouraged to utilise climatic responsive design principles that are applicable to coastal South-East Queensland (a) 1.1 The Buyer acknowledges that the land is part of a premier residential subdivision being developed by the Seller and it is desirable, desirable in the interests of all Buyers of lots within in the development, subdivision that the Seller exercises supervision and control to ensure that a high standard of design, design and construction and finishes of dwellings on the dwellings within the development subdivision is maintained. (b) 1.2 As a result of the Seller’s desires and intentions in this regard the Seller has also produced Building Arc on the Point Housing Design Guidelines (hereinafter called ‘the Guidelines’) which set out architectural inter alia design controls for dwellings being built within on the Community, Estate and which form part of these Building Covenants as provided for in following Appendix A.Clause 4 hereof. A copy of the Guidelines is annexed hereto. (c) 1.3 In consideration of the execution of the Contract of which this schedule forms part, the Buyer covenants and agrees to the building covenants (which are deemed to incorporate the Guidelines). 1.4 The Buyer acknowledges that these covenants are given by the Buyer for the benefit of the Seller, and may be forced by or at the direction of the Seller (d) whether named in the contract or not). Information Supplied by Seller 1.5 Any information supplied by or on behalf of the Seller is supplied for the convenience of the Buyer and does not form part of the Contract. The accuracy of any information supplied is not warranted by the Seller and the Buyer acknowledges that it has entered into this Contract solely on the basis of the Buyer’s own investigation. The Seller will not be liable in Contract or in Tort for the accuracy, adequacy or suitability of any information, documents or advice in relation to the condition of the Lot or its surroundings.. The buyer further acknowledges that this contract constitutes the whole of the agreement between the Seller and the Buyer and that that the buyer has not relied on any statement or representation by the Seller, the Sellers agent, or any other person in entering into this contract other than as set out in this contract. Seller’s right to vary or exclude any Covenant Conditions 1.6 Subject to 1.4 (eBuilding Covenant) The above the Seller reserves the right at the request of the Buyer or at its own discretion to vary or exclude any of the obligations under the Covenants provided that such action will only be taken by it in keeping with the aims to establish a modern well well-designed residential estate. No variation will be effective unless it is in writing and signed by both parties. The Buyer hereby absolves the Seller from any liability whatsoever for any action taken in the variation or exclusion of any Covenant including a Covenant with any other Buyer in the estate. The Seller acknowledges that new products designed as substitutes or alternatives for the various materials listed herein will be marketed from time to time and provided these products, in its opinion, are not inconsistent with the aims of the covenant, they will will, at the absolute and sole discretion of the Seller, be acceptable. (g) The Buyer acknowledges and agrees that the lot may have been filled. The Buyer must make its own investigations to satisfy itself concerning any proposed building operation as to the suitability of any footing, foundations or proposed construction given the nature of the lot and as to any requirements of the Council in that regard.