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1. Appendix A-Feb06
.
APPENDIX “A”
ELLENBROOK
BUILDING GUIDELINES, RESTRICTIVE COVENANTS AND
BUILDING CONDITIONS
LOT , ELLENBROOK WA 6069
One of the key objectives for the Ellenbrook project is to facilitate the provision of an attractive
range of housing types and styles for the new Ellenbrook community.
To ensure that these various housing types can be developed in a manner which allows the
investment by individual Buyers to be enhanced, special design guidelines, covenants and
building conditions will apply to all homes.

2. …………………
Initials
2.
BUILDINGGUIDELINES
1. COMPLIANCE AND APPROVAL
BUYERS MUST COMPLY
‘Building Guidelines’ means the Special Conditions of
Sale outlined in this Appendix ‘A’, as amended from
time to time.
[The Buyer must comply with the Building Guidelines.
The Buyer warrants and undertakes that any building
and other improvements shall be constructed on the
Property in accordance with:
(a) The Building Guidelines; and
(b) Plans and specifications firstly approved in
writing by Ellenbrook Management Pty Ltd; and
(c) The additional provisions in this Appendix ‘A’.
Local Authority regulations must be considered in
conjunction with the requirements of “Appendix A –
Covenants and Building Guidelines”. It is
recommended that the Buyer confirms the selection
of building materials and building design is in
accordance with the requirements of the Local
Authority prior to signing a Building Contract.
RECEIPT
The Buyer acknowledges that they are in receipt of a
copy of the Building Guidelines.
BUILDING PLAN APPROVAL
A full set of plans and specifications must be
submitted to Ellenbrook Management Pty Ltd for
approval. Ellenbrook Management Pty Ltd must first
approve building plans before submission of plans
and specifications to the City of Swan for building
licence approval.
If Ellenbrook Management Pty Ltd is satisfied the
plans and specifications comply with the Building
Guidelines, it will send advice to the City of Swan
supporting the issue of a building licence.
Ellenbrook Management at it’s discretion, may
approve plans which may not strictly comply with the
guidelines written but are consistent with the intent
of the guidelines.
As new building products are continually being
developed, Ellenbrook Management Pty Ltd reserves
the right to approve or reject building materials or
finishes which, in it’s opinion, may or may not comply
with the spirit of the Building Guidelines.
2. GUIDELINES
SITING GARAGES/CARPORTS AND VERANDAHS
Location
Carports, garages, driveways and verandahs should
be located in accordance with the Detailed Site Plan
where applicable. Where there is no Detailed Site
Plan, building setbacks must be in accordance with
City of Swan requirements.
Floors
Carport / garage floors shall be brick paved or concrete.
OUTBUILDINGS (DETACHED SHEDS,
TOOL STORES ETC)
The design, appearance and external colour and
material of outbuildings such as sheds and patios
must be compatible with the main dwelling.
All outbuildings exceeding 20 square metres shall be
constructed in the same materials as the main
dwelling.
Outbuildings of 20 square metres or less constructed
of other materials may be approved by Ellenbrook
Management Pty Ltd, providing they are of
compatible colour to the main dwelling.

3. …………………
Initials
3.
DRIVEWAYS / CROSSOVERS
A minimum of one single driveway and crossover
must be provided to each allotment prior to the
occupancy of the dwelling on the property.
All driveways and crossovers shall be coloured to
compliment the dwelling.
Brick paved driveways and crossovers are preferred.
Crossovers are to be constructed in accordance with
the City of Swan Crossover Specification
VEHICLE ACCOMMODATION
Off street parking on the Property shall be provided
for two vehicles with sufficient cover by a carport or
garage for at least one vehicle.
FENCING – COURTYARD WALLS
Fencing
All fencing shall be constructed in:
(a) Timber prescribed by Ellenbrook Management
Pty Ltd; or
(b) A product first approved in writing by Ellenbrook
Management Pty Ltd.
Capped standard ‘super six’ fibro cement or steel
Colorbond fencing is not permitted. Boundary
fencing between the Property and adjoining public
open space or on street corners, shall be fencing of a
specification prescribed by Ellenbrook Management
Pty Ltd.
The Seller agrees to supply and install prescribed
fencing to both side and rear boundaries of the
Property.
 Street Boundary and Courtyard Walls
Fencing and walls shall not be constructed
forward of the nearest building line unless first
approved in writing by Ellenbrook Management
Pty Ltd.
 Limestone Retaining Walls
Where the Seller has erected limestone retaining
or feature walls or fencing on or adjacent to any
boundary, such walls maybe be removed or
replaced by the seller in the seller’s absolute
discretion. The Buyer will not alter in any way or
remove such walls or permit them to be altered
or removed except with the approval of the
seller (this approval may be given or given
subject to conditions or withheld at the seller’s
absolute discretion).
LANDSCAPING
All landscaped areas on the allotment within view of
the public are to be landscaped to a standard of
approval by Ellenbrook Management Pty Ltd within
three months of the occupation of the dwelling on
the Property.
Unless agreed otherwise between the Seller and
Buyer, the Seller will undertake to landscape and
reticulate in front of the building line for the Property
in consultation with the Buyer. However the Seller
will only undertake such landscaping and reticulation
if:
(a) The Buyer has first submitted its plans and
specifications for construction of a dwelling on
the allotment to Ellenbrook Management Pty
Ltd; for approval
(b) Ellenbrook Management Pty Ltd has approved
those plans and specifications; and
(c) The Buyer has submitted those plans and
specifications to the City of Swan for approval
and issue of a building licence; and
(d) The City of Swan has approved those plans and
specifications and issued a building license
therefore.
(e) The buyer has completed all return fencing and
ensured that a 90mm stormwater pipe has been
placed under the driveway prior to its installation
for reticulation to be installed.
Landscaping undertaken by the Seller will include roll
on turf, one advanced themed street tree plus an
assortment of smaller shrubs and plants determined
by the Seller. Blanket reticulation will be automatic
with a six-station controller installed.

4. …………………
Initials
4.
AIRCONDITIONERS, EVAPORATIVE COOLERS AND SOLAR
HOT WATER SYSTEMS
Air conditioners, evaporative coolers and solar hot
water systems must be integrated with the main roof
profile to the dwelling and screened from public
view. The colour of air conditioners, evaporative
coolers and solar hot water systems must match the
colour of the main roof.
USE OF PROPERTY
The carrying out of any construction or mechanical
repairs or restoration of any motor vehicle, boat,
trailer, aircraft or any other vehicle is prohibited on
the Property unless screened from the public view.
TV ANTENNA
As the Property is provided with an underground
cable system, TV aerials including 2 way radio shall
only be constructed within the internal roof space of
the dwelling and shall not be visible externally.
Satellite dishes must be approved in writing by
Ellenbrook Management Pty Ltd prior to installation.
CLOTHES HOISTS
Clothes hoists and washing lines shall be screened from
the public view and shall not be visible from the street
frontage of, or near, the Property.
COMMERCIAL VEHICLES
Commercial vehicles, trucks, buses, caravans, boats,
etc shall not be parked or be stored on the Property
unless parked or stored within a carport or garage or
screened from public view.
RUBBISH DISPOSAL CONTAINERS
Rubbish disposal containers must be screened from
the view from any public street or thoroughfare.
The Buyer must ensure that the builder of the
dwelling on the Property regularly removes all rubbish
and waste from the Property and surrounding areas
during construction of the dwelling. The builder
must utilise large rubbish bins suitable for building
rubbish and waste.
LETTER BOXES
Letterboxes must be of brick, timber or other
materials approved by Ellenbrook Management Pty
Ltd, which are compatible with the type and colour
of materials used on the Property.
THE SELLER MAY GRANT VARIATIONS TO THESE
DESIGN GUIDELINES, SUBJECT TO CONDITIONS,
IN IT’S ABSOLUTE DISCRETION. SHOULD THERE
BE ANY VARIATION TO THESE DESIGN
GUIDELINES, THEY WILL BE NOTED ON
APPENDIX “F” IF REQUIRED AND TAKE
PRIORITY.

5. …………………
Initials
5.
RESTRICTIVE COVENANTS
1. The Buyer acknowledges that the
Seller has agreed to sell and transfer
the Property to the Buyer on the
condition that the Buyer enters into
certain covenants relating to the use
of the Property for the purpose of
enhancing the amenity of all other
lots within the Ellenbrook
development including lots on the
Plan of Subdivision of which the
Property forms part.
2. In these covenants, unless the
contrary intention appears:
(a) "Plan of Subdivision" means the
Plan of Subdivision or proposed Plan
of Subdivision annexed to this
Contract which is intended to be
lodged for approval at the Land
Titles Office;
(b) "Land" means the lot on the
Plan of Subdivision which is sold by
the Seller to the Buyer pursuant to
this Contract;
(c) "Transferor" means the Seller;
(d) "Transferee" means the Buyer.
3. The Buyer hereby covenants and
agrees with the Seller that the
following covenants shall be
included in the transfer of the Land
to be prepared pursuant to this
Contract and the Buyer hereby
agrees to incorporate these
covenants in the transfer of land to
be prepared by the Buyer and
submitted to the Seller as required
by this Contract in the following
form:
“1. The Transferee HEREBY
ACKNOWLEDGES that the
Transferor has agreed to sell and
transfer the Land hereby transferred
to the Transferee on the condition
that the Transferee enters into
certain covenants relating to the use
of the Land for the purpose of
enhancing the amenity of all other
lots on the Plan of Subdivision of
which this Land forms part (“Plan of
Subdivision”) and HEREBY
COVENANTS and AGREES on behalf
of itself, its successors in title,
transferees and assigns, with the
Transferor, its successors in title,
transferees and assigns as follows:
(a) not to construct or erect or
externally renovate any building or
structure or appendage or
improvement of any kind on the
Land (including but not limited to
outbuildings, car parking areas,
structures, landscaping, spaces,
undercover and open storage areas,
fences, walls, air conditioning units,
television, radio or other antennae on the
Land or any part thereof) without the
prior written consent of the Transferor
which consent shall not be unreasonably
withheld;
(b) not to erect or display any sign,
boarding or advertisement of any
description whatsoever on the Land or
any part thereof without the prior
written consent of the Transferor
provided that such consent shall not be
unreasonable withheld;
(c) not to permit or authorise any part of
a residence constructed on the Land to
be used in any way directly or indirectly
for any business, commercial,
manufacturing, mercantile storage,
vending or any non-residential purpose
other than a business purpose which in
the opinion of the Transferor is quiet and
unobtrusive and which does not in any
way detract from the general amenity of
the Land;
(d) not to park, store or keep or permit to
be parked, stored or kept on the Land or
any part thereof any vehicle of a
commercial type which is used in the
ordinary course of any business other than
in accordance with the Ellenbrook Design
Guidelines issued by the Transferor from
time to time;
(e) not to conduct or permit to be
conducted any repairs or restorations of
any motor vehicle, boat, trailer, aircraft, or
any other vehicle on the Land or any part
other than wholly within a garage on the
Land or any part thereof;
(f) not to raise, breed or keep, permit to
be raised, bred or kept any insects, reptiles,
animals, livestock or poultry on the Land or
any part thereof provided that this
restriction shall not operate to prevent the
Transferee from keeping two domestic pets
on the Land;
(g) not to accumulate or permit to
accumulate any rubbish, trash or garbage
or other waste material on the Land or any
part thereof or keep or permit the same to
be kept on the Land or any part hereof
except in containers located in appropriate
areas screened or concealed from view so
as not to be visible from any street on to
which the Land or any part thereof fronts;
(i) (h) if a single residential lot comprising all
or part of the Land has an area which
exceeds 700 square metres and does not
exceed 800 square metres, not to erect or
cause to be erected on such lot any
residential dwelling with a floor area less
than 150 square metres (exclusive of
carports, garages, verandahs and other
unenclosed areas).
(i) if a single residential lot comprising all or
part of the Land has an area in excess of 800
square metres, not to erect or cause to be
erected on such lot any residential dwelling
with a floor area less than 170 square metres
(exclusive of car ports, garages, verandahs
and other unenclosed areas).
(j) For the purposes of sub-clauses (h) and (i),
“lot” means any lot on which a residential
dwelling may be erected including a
proposed strata title lot and any lot created
by the subdivision of the Land.
2. The land subject to the burden of these
covenants is the Land hereby transferred.
3. The land having the benefit of these
covenants are all the lots on the Plan of
Subdivision of which this Land forms part.
4. The covenants and restrictions herein
contained or implied shall run with and bind
this Land and shall enure for the benefit of
and be enforceable by each and every
registered proprietor for the time being of
any lot on the Plan of Subdivision”

6. BUILDING CONDITIONS
1. Definitions
Under these Conditions, unless the
contrary intention appears:
I. Construction Period" means the
period starting on the date settlement
is effected under this Contract and
expiring two (2) years thereafter.
II. "Design Guidelines" means the
Design Guidelines outlined in this
Contract.
III. "Manager" means Ellenbrook
Management Pty Ltd
IV. “Plan of Subdivision” means the plan
of subdivision on which the Property
is shown as a subdivided lot.
V. "Practical Commencement" means
the obtaining of all necessary
approvals required from all authorities
to enable and permit construction of
the Residence and completion to the
satisfaction of the Manager to wall
plate height in conformity with the
approved plans and specifications
approved by the Manager and the
City of Swan.
VI. "Purchase Price" means the price
paid by the Buyer to the Seller to
purchase the Property pursuant to
this Contract.
VII."Residence" means a private dwelling
house to be constructed in
accordance with plans and
specifications first approved in writing
by the Manager (which approval shall
not be unreasonably withheld) and
the City of Swan complying with
Design Guidelines and the
requirements of this Contract and to
be constructed on the Property.
VIII."Right of Repurchase" means the
right (but not the obligation) of the
Seller to purchase the Property
pursuant to this part in the event of
the Buyer not causing a Residence to
be constructed on the Property to the
stage of Practical Commencement by
the expiry of the Construction Period.
2. Practical Commencement of
Residence Within Two Years
The Buyer understands, acknowledges
and agrees with the Seller that the
Seller has a real and genuine interest
in ensuring that the Buyer
commences, and achieves, the
construction of the Residence on the
Property by the expiry of the
Construction Period, for the benefit of
all owners of all other lots on the Plan
of Subdivision. The Buyer covenants
with the Seller to commence and
achieve construction on the Property
of the Residence at least to the stage
of Practical Commencement by the
expiry of the Construction Period.
3. Sale of Property Prior to Construction
of Residence
The Buyer shall not sell or otherwise
dispose of the Property while no
Residence has been erected and
completed thereon without first
offering the same for sale to the Seller
by notice in writing and allowing the
Seller fourteen (14) days within which
to accept such offer. In those
circumstances any notice of
acceptance given by the Seller shall be
treated as an exercise of the Right of
Repurchase under the provisions of
Conditions 12 and 13, and the same
terms and conditions of those
conditions shall apply to the sale and
purchase in all respects. If the Seller
does not within a fourteen (14) day
period exercise its Right of
Repurchase, then the Buyer shall be
free to sell the Property subject to the
other provisions of this Contract.
4. No Sale Without Consent of Seller
The Buyer shall not sell or otherwise
dispose of the Property or any interest
therein while no Residence has been
erected and completed thereon
without the prior written consent of
the Seller. The Seller may make it a
condition of granting its consent to
any sale, transfer or other disposal of
the Property that the proposed Buyer,
transferee or acquirer of the interest
in the Property, first executed a deed
of covenant in a form approved by
the Seller’s solicitors pursuant to
which such person acknowledges and
agrees to be bound by all the Buyer’s
covenants contained in this Annexure
“A”.
5. Transfer of Ownership or Control of
Company
For the purpose of these Conditions,
where the Buyer is a corporation
(other than a corporation the shares
in which are listed on any stock
exchange in Australia) any change
in beneficial ownership of 20% or
more in aggregate of the shares in
that corporation shall be deemed to
be a transfer of an interest in the
Property requiring the Seller’s
consent. Such consent may be
withheld in the discretion of the
Seller. The Seller may make it a
condition of granting its consent to
any transfer of shares in the Buyer to
which this clause refers, that the
transferee of such shares first
executes a deed of covenant in a form
approved by the Seller’s solicitors
pursuant to which such transferee
acknowledges and agrees to be
bound by all the Buyer’s covenants
contained in this Annexure “A”.
6. Manager May Act on Behalf of Seller
The Manager or any person appointed
by the Manager may at any time
exercise the Seller's rights under this
Contract and do all acts and things
which the Seller is required or
empowered to do under this
Contract.
7. Appointment of Attorney by Buyer
In the event that the Buyer is in
default of any provision in the
Contract, the Buyer irrevocably
appoints jointly and severally the
Seller and the Manager to be the true
and lawful attorney for the Buyer in
his name and on his behalf and as the
act of the Buyer to do, execute,
complete and perform all:
(a) actions capable of being executed
or performed in the name of the
Buyer; and
(b) instruments and documents to be
executed by or on behalf of the
Buyer and in particular any
document or contract required
pursuant to Conditions 11, 12 and
13 of this part.
8. Grant of Right of Repurchase
Upon transfer of title of the Property
to the Buyer by the Seller the Buyer
grants to the Seller the Right of
Repurchase in fee simple free from
any encumbrances for a price equal to
the Purchase Price.
9. When Right of Repurchase Arises
The Seller may exercise its Right of
Repurchase if:
(a) Practical Commencement of the
Residence is not effected by the
expiry of the Construction Period;
and
(b) the Seller gives notice to the Buyer
that Practical Commencement has
not been effected by the expiry of
the Construction Period and the
Seller requires the Buyer to effect
Practical Commencement within 90
days of service of the notice; and
(c) Practical Commencement does not
occur within 90 days from the
service of such notice.
10.Exercise of Right of Repurchase
(a) The Seller may (but is not obliged)
to exercise the Right of Repurchase
by further notice in writing to the
Buyer within fourteen (14) days
after the expiration of the period of
90 days referred to in Condition
9(c) of this part.
(b) Any notice to be given pursuant to
this clause must be in writing and
signed by the Seller or on behalf of
the Seller by a director, company
secretary or solicitor of the Seller
and sent to the Buyer’s address
specified in the Contract either by
ordinary prepaid post or personal
delivery. In the case of ordinary pre-
paid post, the notice shall be
deemed to be given at the time 48
hours after the time of posting.
11.Non-Exercise of Right of Repurchase

7. …………………
Initials
7.
The Seller acknowledges and agrees
with the Buyer that the Seller will not
exercise its Right of Repurchase if the
Buyer has made, or can satisfy the Seller
that the Buyer either has or is prepared
to make, a bona fide attempt to comply
with its obligations under this part to
effect Practical Commencement of the
Residence within a time which the Seller
believes, in the circumstances, is
reasonable.
12.Other Grounds for Exercise of Right of
Repurchase
The Seller may exercise the Right of
Repurchase at any time without prior
notice by notice in writing to the Buyer
if prior to Practical Commencement of
the Residence:
(a) except for the purpose of
amalgamation or reconstruction
previously approved by the Seller,
the Buyer, being a company
enters into liquidation whether
compulsory or voluntary;
(b) a receiver, a receiver and
manager, or an agent in
possession, is appointed in respect
of any property of the Buyer, or a
mortgagee takes possession of
any property of the Buyer;
(c) a mortgagee takes possession of
any property of the Buyer;
(d) any execution or process is made
against the Property or the
property of the Buyer;
(e) the Buyer being a natural person
commits an act of bankruptcy or
is declared bankrupt.
13.Sale and Settlement - Right of
Repurchase
Upon exercise of the Right of
Repurchase by the Seller:
(a) the Buyer shall sell the Property
and the Seller shall purchase the
Property on the terms and
conditions set out in the Contract
for Sale of Land by Offer and
Acceptance and the Joint Form of
General Conditions for the Sale of
Land 2011 Revision;
(b) the date of settlement shall be
forty five (45) days after the date
of exercise of the Right of
Repurchase by the Seller;
(c) the amount payable on settlement
shall be the Purchase Price less the
Seller's costs (including legal costs) of
and incidental to the exercise of the
Right of Repurchase and completion
of the purchase (including any stamp
duty) which shall be payable by the
Buyer on demand by the Seller or may
be deducted by the Seller from the
amount otherwise due by the Seller to
the Buyer. The purchase price for the
Property shall be equal to the amount
paid by the Buyer to the Seller
pursuant to the Contract
notwithstanding that there are any
improvements made or fixed to the
Property which have been undertaken
or erected thereon by the Buyer. The
Buyer shall remain liable for the
payment of all rates, taxes and other
outgoings assessed or charged in
relation to the Property for the whole
of the financial year in which
settlement of the repurchase occurs
and there shall be no apportionment
of rates, taxes and other outgoings to
the Seller.
14.Alternative Sale by Seller of Property
In substitution for the rights reserved
to the Seller pursuant to Condition 13
of this part, the Seller may in the name
of the Buyer sell the Property by public
sale and in that event the Seller is
irrevocably authorised by the Buyer to
act as the agent and attorney of the
Buyer to effect a sale of the Property
at the best price then obtainable and
the said Buyer shall be entitled to
receive the nett amount available from
such sale subject to payment of all of
the reasonable selling expenses
incurred by the Seller.
15.Removal of Improvements
If the Seller exercises its Right of
Repurchase in accordance with this
Contract and there are any partially
constructed improvements on the
Property then the Seller may (in its
absolute discretion) procure the
removal of such improvements from
the Property provided that all costs
associated with such removal shall be
borne by the Buyer.
16.Mortgage by Buyer
(a) The Buyer covenants with the Seller to
disclose the existence of this part of
the Contract and the building
obligations to any mortgagee or
chargee who is advancing funds to the
Buyer to assist in the purchase of the
Property or the construction of
improvements on the Property and the
Buyer acknowledges and agrees that
any security given by the Buyer to any
mortgagee or chargee shall be strictly
subject to the prior rights reserved to
the Seller pursuant to this part and the
Seller's caveat shall rank as a first-
ranking encumbrance against the
Property.
(b) The Buyer shall not grant or attempt to
grant any mortgage, charge or other
security interest in the Property unless
and until the proposed mortgagee,
chargee or other interest holder first
executes a deed of covenant in a form
approved by the Seller’s solicitors
pursuant to which such person
acknowledges the restrictions imposed
upon the Buyer by these Conditions
and agrees to be bound by such
restrictions.
17.Charge of Property
The Buyer hereby agrees to charge and
does hereby charge its interest in the
Property as security for the
performance of the Buyer's obligations
under this part of the Contract and the
Seller may lodge an absolute caveat
against the title to the Property to
protect the Seller's rights pursuant to
this part provided that the Seller shall,
when the Residence reaches Practical
Commencement, provide to the Buyer
a registrable withdrawal of such caveat.
18. Caveat - Mortgages
Any absolute caveat lodged by the
Seller over the Property to protect its
interests therein pursuant to the
provisions of clause 3 of these
Conditions shall enjoy priority over all
other claims or interests registered or to
be registered against the Land provided
that, subject to sub-clause 16(b), the
Seller shall at the Buyer’s request and at
the Buyer’s cost and expense in all
respects withdraw any such caveat to
permit the registration of a mortgage
or mortgages, following which the
Seller shall be entitled to re-lodge an
absolute caveat over the Property for
the purpose aforesaid at the Buyer’s
cost and expense in all respects.
19. Dividing Fences
(a) The Buyer hereby covenants and
agrees with the Seller that so long
as the Seller remains registered as
the proprietor of any land adjoining
the boundaries of the Property, the
Buyer and its successors in title to
the Property shall not make any
claim against the Seller for any
contribution to the cost of erecting
any dividing fences or walls
pursuant to the provisions of the
Dividing Fences Act 1961 and the
Buyer shall indemnify the Seller
against any such claim.
(b) The Buyer agrees that the Seller
shall be under no liability to the
Buyer in respect of any claim or in
respect of any claim made by any
other person owning any lot
adjoining the Property hereby sold
irrespective of when any such claim
arose or is made.
(c) The provisions of this Condition
may be pleaded as a bar by the
Seller to any claim made or sought
to be made by such Buyer.
(d) The Buyer shall, when requested by
the Seller, supply full details of costs
incurred by the Buyer in the
erection of any dividing fence on
the boundary of the Property so the
Seller can use information to satisfy
enquiries of any other Buyer or
prospective Buyer of any adjoining
lot.

8. …………………
Initials
8.
20. Encumbrances
(a) The Property is sold subject to the
following Encumbrances;
I. all reservations and conditions
(if any) contained in the Crown
Grant to the Property or
referred to in the Certificate of
Title to the Property or which
are reasonably apparent on
visual inspection and all sewer
mains (if any);
II. easements noted on the Plan
of Subdivision;
III. the rights and interests of the
Seller specified in the Contract;
IV. the easements (if any)
affecting the Property pursuant
to sub clauses (b) and (c)
hereof.
(b) The Buyer acknowledges and
agrees that if any portion of the
Property is coloured pink on the
attached plan that portion shall be
subject to a Drainage and Access
Easement registered or to be
registered in favour of the City of
Swan (a copy of which is available
to the Buyer on request);
(c) The Buyer acknowledges and
agrees that if any portion of the
Property is coloured orange on the
attached plan that portion shall be
subject to a Truncation Easement
registered or to be registered in
favour of the City of Swan (a copy
of which is available to the Buyer
on request);
(d) The Buyer will execute such further
instruments or deeds as are
reasonably required by the City of
Swan to give effect to the
easements mentioned in sub-
clauses 20(b) and (c) and in order
to be bound by the terms,
covenants and conditions
contained therein.
21. The Buyer shall be solely responsible
for and shall bear all costs of any re-
survey of the Property from the date of
acceptance of this Contract by the
Seller.
22. No representation is made by the Seller
as to the state or condition of the
Property, which is sold as it is. The
Property has been inspected by the
Buyer and the Buyer shall for all
purposes be deemed to have made a
full and complete inspection of the
same and to know thoroughly the
state and condition of the same
including retaining walls if any and
shall be deemed to have purchased the
Property in reliance upon the Buyer’s
own inspection and not in reliance on
any advertisement, statement,
description or representation made or
given by the Seller or any person or
agent or agents on its behalf.
23. The Buyer shall not apply to change
the zoning of the Property or the
permitted use thereunder.
24. If the Property is not a “lot” as defined
in the Town Planning and
Development Act 1928 the following
conditions shall apply:
(a) This Contract is entered into
subject to the approval of the
Ministry for Planning in respect of
the creation of the Property into a
lot.
(b) The Seller shall use its best
endeavours to complete the
subdivision of the land of which the
Property forms part and shall
comply with all conditions imposed
from time to time by the Ministry
for Planning.
(c) The Buyer shall not lodge a caveat
against the title to the Property or
against the title to the land of
which it forms part until a separate
Certificate of Title for the Property
is issued.
(d) The dimensions, areas and
boundaries of the Property shall be
those determined by the final
subdivision or survey and
satisfactory survey examination by
the Office of Titles, Midland or a
regional office of the Office of
Titles.
(e) All dimensions, areas and
boundaries shown at the Date of
Contract are subject to
confirmation and are approximate
only.
(f) Either party may within seven (7)
days after the duplicate Certificate
of Title is issued withdraw from the
Contract if the area or road
frontage of the Property is greater
or less than ten percent (10%) of
the area or road frontage of the
Property as shown at the Date of
Contract.
(g) Except as provided in sub-
paragraph (f) neither party shall be
entitled to withdraw from the
Contract by reason that the area or
dimension of any of the proposed
lots on the plan of subdivision as
finally approved by the Inspector of
Plans and Surveys varies from the
area and dimensions of any lot as
shown at the Date of Contract.
25. (a) Each clause, sub-clause and
condition of the Contract shall
be severable from each other
clause, sub-clause and condition
and the invalidity or unenforceability
of any clause, sub-clause or condition
for any reason shall not prejudice
or in any way affect the validity or
enforceability of any other clause, sub-
clause or condition.
(b) Notwithstanding completion of the
Contract the parties hereby
expressly acknowledge and agree
that to the extent that any of the
provisions hereof are capable of
being given effect to after
completion then the provisions of
the Contract shall not merge on
completion and such provisions
shall be given force and effect to in
accordance with their tenor.
Signed by Buyer(s)
Signature 1 Witness Date / / 20
Signature 2 Witness Date / / 20
Signed by Seller
Witness Date / / 20
For Ellenbrook Management Pty Ltd Ref: App A CV 24 Feb 06