KARAKA HARBOURSIDE ESTATE LIMITED
A. The Grantees are developing a modern well-designed subdivision.
B. As part of this development, it is desirable that the Grantee maintains a certain degree of supervision and control in relation to the nature and type of construction to be erected in the subdivision of which this property forms part.
C. In recognition of this the Grantor and Grantee agree that the foregoing covenants will be registered on all titles to be issued as part of this subdivision.
1. NO FURTHER SUBDIVISION
1.1. The Grantor is not permitted to subdivide the property further in order to create any additional lot or lots, whether by fee simple titles, unit titles, cross leases or otherwise. In the event of the Grantor 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 Grantor will not be entitled to subdivide the amalgamated property to a greater number of lots.
2. APPROVAL OF BUILDING AND LANDSCAPING PLANS
2.1. The Grantor will not commission any plans for a building on the property, nor apply to the Local District Council for building consent, or proceed with the erection of construction on the property of any building unless such building is a new single private residential dwelling, the plans and siting of such dwelling and landscaping plan (including fencing) of the property showing the design and location of paths, driveways, vehicle crossings and plantings and external amenities in relation to the proposed dwelling have received prior written approval of the Grantee or the Grantee’s representative. The Grantee or the Grantee’s representative will provide written approval (or otherwise) within ten (10) working days of receipt of the building and landscaping plans from the Grantor. The Grantee will not unreasonably or arbitrarily withhold approval taking into account the Grantee’s requirements to maintain minimum standards for equality, well designed, modern, subdivision.
2.2. The Grantor is not permitted to make any change to the plans and specifications of the exterior and design once those plans are approved by the Grantee, unless such changes or alterations are approved by the Grantee (such approval to be on the same terms are set out in sub-paragraph 2.1 above).
3. COVENANTS IN RESPECT OF DWELLING
3.1. The Grantor 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 but excluding verandahs patios or other attached structures), must have a closed in floor area of not less than 180 square metres.
3.2. Notwithstanding paragraph 3.1.1 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.
3.3. The Grantor will not construct a dwellinghouse:
3.3.1. with less than three (3) roof planes (other than a flat roof), and;
3.3.2. of a single rectangle or single square shape (after excluding recesses or protrusions for the front and rear entries, verandahs, patios, bay windows or other like structures or appurtenances).
3.4. The Grantor will not erect or permit to be erected on the property any dwellinghouse or any other building or structure that:-
3.4.1. is constructed in part or in full with external second-hand materials (other than bricks, decorative stone or hardwood timber), or;
3.4.2. 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 or;
3.4.3. incorporates or has fibrolite, hardiflex, hardiplank or like products or flat ply as wall cladding (soffitts excepted), unless such cladding are coated externally with a plastered or rendered finish, or;
3.4.4. uses steel as roofing material, or uses any other exterior product roofing material which is not factory pre-painted.
3.5. The Grantor will ensure that any major dwelling entry shall be visible and easily accessed from the road.
3.6. The Grantor 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 Grantor 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 6.1 herein.
3.7. The Grantor shall ensure that clotheslines are away from the road, and obscured from direct sight of the road.
3.8. The Grantor will not place or permit to be placed any letterbox on the property other than a letterbox constructed of the same material of the majority exterior cladding of the dwelling and will not permit any letterbox to be constructed to a greater dimension than 1200 millimetres x 600 millimetres x 1200 millimetres high.
3.9. The Grantor will not permit to be placed any satellite dishes over one (1) metre in diameter on the property and will not permit any satellite dish or antennae to be placed in the front yard. The Grantor 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. No antennae or satellite dish will extend higher than two (2) metres above the roofline.
3.10. Any solar collectors and/or hot water tanks or other roof-top mechanical equipment must be integrated with the roof design so as to be as unobtrusive as possible.
3.11. 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) metres from any boundary of the property.
4. TEMPORARY ACCOMMODATION AND GARDEN SHEDS
4.1. The Grantor will not erect or place or permit to be erected or placed on the property any caravan, mobile home, or other temporary accommodation, hut or shed 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, garage or other ancillary domestic building which is not incorporated to the dwelling as an integral part of the dwelling PROVIDED HOWEVER that nothing in this clause will prevent from erecting or placing on the property a garden shed providing the following requirements are complied with in respect to the garden shed:-
4.1.1. the garden shed will be erected or placed in the rear courtyard and not in the living courtyard.
4.1.2. the garden shed will be completed and constructed in new permanent materials and appropriately painted or be a new proprietary brand precoated with a factory colour finish that will not detract from the visible amenities of the subdivision.
4.1.3. the garden shed will not be greater than two (2) metres in height or exceed ten (10) square metres in floor area and will in all respects comply with the Building Act 2004 so that it will be an exempt building in the terms of Schedule 1 of that Act.
5.1. The Grantor will within six (6) months of completion of a dwellinghouse on the property landscape the property with lawns and shrubs in accordance with the approved landscaping plan. The Grantor will ensure that in the front yard there are not less than two (2) trees each of at least 2.5 metres in height. If the Grantor defaults with the requirements of this sub clause, the Grantee or its agents, contractors or appointees may enter the property and take whatever action the Grantee considers necessary at the Grantor’s expense to remedy the default and if the Grantor fails to pay the Grantee upon demand the costs incurred, the Grantee may recover those costs from the Grantor as liquidated damages in any court of competent jurisdiction.
5.2. The Grantor will ensure that any trees or vegetation planted will not grow to a height greater than five (5) metres.
5.3. The Grantor will ensure that any steps, retaining walls and exposed banks on the property are planted in grass or shrubs so that there are no areas of bare clay, gravel or earth on the property.
5.4. The Grantor will keep the property in a neat and tidy condition and will ensure that grass and weeds will not exceed 150mm in height or otherwise become unsightly. If the Grantor fails to do so, the Grantor will indemnity the Grantee against the costs of the Grantee remedying the default and the Grantee, his contractors agents or appointees may enter the property for the purpose of remedying default.
5.5. The Grantor will not bring or permit to be brought on or remain upon the front yard of the property (except in the course of construction of the dwelling) any materials, debris, rubbish, unregistered vehicles, vehicle body parts or any items of an unsightly nature.
6. TIME LIMITS ON COMPLETIONS
6.1. Once construction of the dwellinghouse has commenced the Grantor will ensure that the exterior of the dwellinghouse is fully closed in and finished within six (6) months from the date of commencement and ensure the construction of the dwelling is fully completed within twelve (12) months of the date of commencement.
7. RESTRICTION ON VEHICLES
7.1. The Grantor will not part or suffer any person residing in or occupation of the property park any caravan, boat, trailer, truck, commercial vehicle or van on the road to which the property has frontage (including parking bays) nor to park any vehicle of any nature on the road therein at any time. Further, the Grantor will not permit parking of trucks or large commercial vehicles on or adjoining the property other than for delivery purposes.
8. RESTRICTIONS ON FENCING
8.1. Notwithstanding the terms of the provisions of the Fencing Act 1978 or any amending legislation, the Grantor will not erect any fence or fences on the property nor permit any hedge shrubs or trees to be planted or grown as a living fence at any time unless the fences comply in full with the following criteria:
8.1.1. No fence will be built in corrugated iron, cement fibreboard, fibrolite, hardiflex, hardiplank or other similar flat sheet products (unless such cladding are coated externally whether plastered, painted or rendered finish), second-hand or demolition materials.
8.1.2. No side boundary fence or rear boundary fence will be greater than 1.8 metres in height measured vertically from the natural ground level at the relevant point on the property where the fence is erected.
8.1.3. No fence will be erected on either the front boundary of the property with the road or any part of the property parallel with the road boundary that is any further forward on the property than the dwelling erected on the property. For the sake of clarity the front boundary fences can be no closer to the road front than the corner of the nearest side of the dwelling and front of the dwelling to the side boundary.
8.1.4. No side boundary fence will project further forward to the road frontage than the front of the dwelling erected on the property to the intent that the Grantee desires that the front yard of the property will be maintained as an open and unfenced park-like environment. For the purposes of certainty and avoidance of doubt, where fencing of side boundaries is concerned between two adjoining properties the side boundary fence may project to the front of that dwelling nearest the road frontage.
8.1.5. Notwithstanding any other provision herein, where any property adjoins the marine esplanade reserve, or any other reserve, no fence will exceed 1.2 metres in height (unless as a requirement under the Swimming of Fencing Pools Act 1987 or any subsequent amendments), and will be of a translucent or “see-through” construction such as wrought-iron palings, glass panels or similar.
9. NO ADVERTISING SIGNAGE
9.1. The Grantor will not erect or place or permit to be erected or 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 2.9 square metres 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 metres 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. CROSSINGS AND BERM AREAS
10.1. All vehicle crossings shall be constructed using plain concrete only and the Grantor is not permitted to use coloured concrete or exposed aggregate.
10.2. The Grantor 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 Grantor his contractors (or any sub-contractors) invitees, agents, tenants or visitors is repaired.
11. GRANTEE’S DISCRETION ON APPROVALS
11.1. Should any proposed dwellinghouse building structure fencing or landscaping on the property not comply with the covenants contained herein, the Grantee may in its entire discretion give written approval to the plans where in the sole opinion of the Grantee 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 Grantee in its sole discretion thinks fit.
11.2. The Grantee’s approval in any circumstance will not serve as a precedent for, nor bind the Grantee or any nominee in any manner with respect to any future application for Grantee’s approval by the Grantor or any other person.
12. GRANTEE’S DISCRETION ON NOMINATION
12.1. The Grantee may, at any time, nominate any other person or persons to give any Grantee’s approval required under these covenants, and, in that event, any provisions in these covenants relating to Grantee’s approval will apply on the basis that any reference to the Grantee will be deemed to be a reference to the nominee.
13. REMEDIES FOR BREACH ON NON-OBSERVANCE
13.1. If there should be any breach or non-observance of the Grantor of any of the foregoing covenants or restrictions contained in these covenants, then without prejudice to any other liability which the Grantor may have to the Grantee or any person or persons having the benefit of the covenants and restrictions, the Grantor will upon written demand made by the Grantee or his nominee or by any of the registered proprietors of the lots in the subdivision:-
13.1.1. 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 the breach or non-observance of the covenants continues from and after the date upon which written demand is made; and
13.1.2. 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.
13.2. The Grantee shall not be required or be liable to enforce all or any of the covenants stipulations or restrictions on the part of the Grantee contained in this covenant nor will the Grantee be liable to the Grantor for any breach of any like covenants stipulations or restrictions by any of the registered proprietors of any of the other lots.
14. FURTHER DEVELOPMENT BY GRANTEE
14.1. The Grantor acknowledges that the Grantee will undertake further subdivision of the adjoining land in stages. The Grantee will not be obliged to complete any development or work on the land other than as is required to comply with the provisions of any resource consent. The Grantee is at liberty (in the Grantee’s 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 Grantor 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.
14.2. The Grantor will not object to the Grantee undertaking further developments on the adjoining plan in accordance with the Grantees overall marketing plans for the staged subdivision developments, or the Grantee’s right to vary any of these existing land covenants for use on future staged developments.
14.3. The Grantor acknowledges and accepts that the Grantees continued development of further stages of the land adjoining this subdivision may result in some inconvenience to the Grantor due to movement and noise of machinery required to undertake the development. The Grantor will not object to any of the Grantee’s operations undertaken on adjoining sites for development work during daylight hours on the condition that the Grantee will use its best endeavours 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.
14.4. The Grantor will not object to any methods, terms, or conditions employed by the Grantee in an endeavour to sell other lots forming part of the subdivision of the land, including the use of signs, placement of signs on common property, maintenance of the sales office, construction of a parade of homes PROVIDED that following completion of the subdivision the Grantee does not cause unreasonable interference to the comfort and convenience of the Grantor in its right to use and enjoy the property.
15. SUNSET CLAUSE
15.1. The covenants set out in Clause 2 above will remain in effect until the 31st day of December 2016.
16. COVENANTS NOT ENFORCEABLE AGAINST KARAKA HARBOURSIDE ESTATE LIMITED
16.1 The within land covenants will not be enforceable by the Grantee in respect of any lot which is owned by Karaka Harbourside Estate Limited and is not subject to an agreement for sale under which possession has been granted to the Purchaser.