Development Application part 2 of 2 Report and plans MCU12/0201

"




                                                                      I
                                                               ScI!!;lh~P.!S~ ()yE
                                                                  ’"’~l:?oo.i>_"’"



                                             DEED OF COVENANT

                                                     SETTLER’S COVE HOMESITES



    DEED                                   made on                                          day of                         20


    BETWEEN                                CBD SETTLER’S COVE PTY LTD ACN 114192 773
                                           of I Serenity Close, Noosa Heads in the State of Queensland             ("Seller")

    AND
                                           of                                                                              ("Buyer")

    BEING THE BUYER OF                     Lot          on   SP188268, County of March, Parish ofWeyba,Noosa Heads ("Land").



    RECITALS


    A.     The Buyer acknowledges and agrees that, for the protection of the interests of both the Seller and the Buyer, it is
           desirable that supervision and control be exercised by the Seller in relation to the nature and type of construction
           on the Land to ensure that all        dwelling houses are of a sufficiently high standard of design and construction.

    B.     Accordingly, in addition to the terms and conditions of the Contract for Sale, the Buyer and Seller agree to enter
           into and be bound by the provisions of this Deed




    IT IS AGREED




    1.     DEFINITIONS


           Unless the context otherwise requires, the following terms shall have the following meanings:


           Approval                                means the Seller’s written   approval of all proposed plans for Building Works in
                                                   accordance with this Deed.


           Approved Building Works                 means Building Works completed in accordance with the Approval and the

                                                   requirements of this Deed to the satisfaction of the Seller.

           Building Approval                       means     statutory approval      to   carry   out   Building   Works   (as a result of
                                                   certification by an independent certifier engaged by or on behalf of the Buyer).


           Building Works                          means     any works carried out on the Land as a result of an Approval in the
                                                   nature of the construction, alteration, renovation or repair of a Dwelling or other

                                                   building, fence, retaining wall, external sign or hoarding, external floodlights or
                                                   spotlights or external fittings.

           Buyer                                   means the   buyer as party to this Deed.

           Claim                                   means any cost, claim, demand, obligation, remedy, damage, loss, action,

                                                   proceeding, claim for compensation, requisition or objection, whichever is


    s:\documents\51958\clh_51958_021.doc