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BUILDING
COVENANTS – PROTECTING YOUR INVESTMENT
A covenant is a set of Rules and Regulation set by CBD to maintain the
high standards we expect of our projects, believed to be the first
initiated in Jaipur and also India, these guidelines maintain and
protect alottee investments to ensure further growth and recognition,
also provides alottee peace of mind as all or any development at
Diamond Valley must first be approved by CBD, also provides buyer
protection for future generations and resale opportunities.
1.
BENEFIT OF COVENANT
1.1.
The Buyer acknowledge that the seller (Churchill Builders &
Developers P. Ltd.) is the Developer of “Diamond Valley”,
(“The Developer”), of which this allotment forms a part and that the
Developer is intent on establishing a prestigious, high quality and
modern residential estate. These covenants are intended to establish a
standard of construction for all residence in the estate, and be for
the benefit of the Buyer and any party to whom the Buyer assigns the
benefits of these covenants and to the Seller.
The Buyer covenants and agrees with the Seller that:
2.
The Buyer must provide a copy of this building covenant to
the Buyer’s architect, builder and all contractors to ensure
compliance with the provision of this building covenant.
3.
APPROVAL PROCESS
When
a purchaser has a completed building and site design in accordance
with the covenant and any other requirements from J.D.A. and
the two copies of the following documents must be submitted to the
‘Developer’ for approval prior to the lodgment of any building plans
to any local authority or Private Certifier:
·
Floor Plans
·
Site Plans
·
Elevations
·
Fencing and Driveways details
·
External Materials Selection
The
above information shall be forwarded to the following address for
covenant approval (generally within 2 days of receipt) to the
attention of:
Churchill Builders & Developers (P.) Ltd.
R-18,
G-3,
Astha
Square, C-Scheme,
Jaipur
4.
USE OF LAND
(a) The
Buyer shall not use the Land or permit any person to use the Land for
any purpose other than for the construction on it of a detached house
and the subsequent occupation of the house as a single unit private
dwelling.
(b) The
Buyer shall not do or permit to be done anything on the Land which
conflicts with any of the restrictions in the Building Covenants.
5.
PREFERRED DWELLING FORM
(a) The
Buyer acknowledges that the construction on the land of a detached
house which portrays an architectural style which blends with and
extends the character of the landscape theme may contribute
beneficially to the character and quality of the living environment of
the Development and secure and enhance the future values of properties
within the Development.
(b) For
the reasons mentioned in the preceding paragraphs, the Buyer is
encouraged to construct on the Land a detached dwelling which portrays
an architectural style which blends with and extends the character
associated with the landscaping theme.
6.
HOUSE AND BUILDING CONSTRUCTION
The
Buyer shall not –
(a)
erect any structure on the Land in any manner other than a workmanlike
manner (in this provision, “workmanlike manner” includes in accordance
with the best building practices using only new materials of first
class quality);
(b)
build any external walls without incorporating window lintels of a
minimum exposed vertical dimension of 250mm, in constructing any
single storey detached dwelling on the Land;
(c)
build any external walls which have surface of less than 80% face
brick or stone or which have surface of less than 80% brick or
concrete block with textured or smooth rendered mortar and painted
finish, in constructing any detached house on the Land;
(d) use
in the building of any such external walls, alternate materials such
as timber, texture panel or thermal cladding without first obtaining
the written approval of the Seller to the detailed plans for such
construction;
(e)
build on any structure on the Land a roof out of anything other than
coloured concrete, clay titles or (or equivalent) non-reflective metal
which has a custom orb profile.
(f)
Erect any internal wall which has a floor to ceiling vertical
dimension of less than 2,700mm, in building any single storey detached
dwelling on the Land;
(g)
Occupy or permit to be occupied as a residence any structure on the
Land which consists of a high-set or suspended floor detached house
unless and unit the lower storey shall have been fully enclosed;
(h)
Have a minimum height of ______ meters.
7.
THE BUYER SHALL NOR
(a)
trespass or permit any reason to trespass upon any adjoining or
neighboring land;
(b)
enter upon or permit any person to enter upon any adjoining or
neighboring land without the written consent of the registered owner
of that land;
(c)
cause any damage to any adjoining or neighboring land, and in
particular, to the surface of that land;
(d)
Permit any rubbish to accumulate upon any adjoining or neighboring
land.
If
the Buyer damages the surface of any adjoining or neighboring land,
the Buyer shall make good the damage immediately at the Buyer’s
expenses and in particular, the Buyer shall restore or relay and
adequately water and cultivate any turf on any adjoining or
neighboring land.
8.
HOUSE SIZE
The
Buyer shall not
(a)
erect or permit to be erected on the Land a single storey detached
dwelling which has a floor area of less than 230 square meters
(excluding areas for car accommodation, verandas, patios, porches or
connecting breezeways);
(b)
erect or permit to be erected on the Land a two storey detached
dwelling which has a floor of less than 175 square meters on the lower
level and less than 310 square meters over both levels (excluding, in
each case, areas for car accommodation, verandas, patios, porches or
connecting breezeways);
(c)
erect any detached dwelling on the Land unless the structure includes,
under the same roof as the dwelling, at least one lock-up garages;
(d)
construct or permit to be constructed a carport on the Land unless
(i) a
detached dwelling is already constructed on the Land;
(ii)
The carpet has solid pier supports;
(iii)The
carpet has the same roof structure as the detached dwelling;
(iv)The
Seller shall have previously given to approval in writing to chat
construction.
9.
TEMPORARY STRUCTURES
(a) The
Buyer shall nor bring onto or erect on the Land or permit to be
brought onto or erected on the Land any temporary dwelling, caravan,
privy or other thing which may be an eyesore.
(b) The
use, in the course of construction of a detached house on the Land, of
a shed, workshop or office is excluded from the operation of para (a)
of this clause 7.
(c) The
Buyer shall not use any structure on the Land other than a detached
house for the purpose of residence.
10.
DRIVEWAYS
The
Buyer shall not occupy or permit to be occupied as a dwelling any
detached house on the Land before a driveway or driveways shall have
been constructed from the public road or one of the public road which
abut the Land and unless the driveway shall have been constructed of
pavers or of concrete with exposed aggregate or of concrete with a
stamped or stenciled surface.
11.
FENCES
(a) The
Buyer shall not alter any fence provided by the seller.
(b)
Fences can be aligned with trees.
(c) The
Buyer has the night to colour with high quality paint and at all times
must be maintained in line with other qualities of Township.
(d) If
the Land has a frontage to more than one public road, each boundary
abutting a road shall be deemed to be a front boundary and each
building alignment which faces a road shall be deemed to be a front
building alignment.
12.
SHEDS
(a) The
Buyer shall not erect or permit to be erected on the Land any shed
without first obtaining the written approval of the Seller.
(b) The
Buyer shall not erect or permit to be erected on the Land any shed
which when constructed will be –
(i)
visible from the street; or
(ii)
Forward of any front building alignment.
(c) In
this Section “street” means the public roads which abut the land.
13.
TURF AND LANDSCAPING
(a) The
Buyer shall not occupy any detached dwelling on the Land unless the
area between the front alignment of the detached dwelling on the land
and the kerbing of any public road which abuts the Land has been
previously turfed and the Buyer shall complete that turfing which
fourteen days after practical completion of the construction of the
detached dwelling.
(b) The
Buyer shall completely landscape the Land within one month after the
date of practical completion of construction of the detached dwelling
on the Land.
(c) The
Buyer shall not plant any tree or shrub on the verge unless –
(i)
the tree is of the same species as that planted by the Seller
elsewhere within the verge of the street in which the Land is located;
and
(ii)
the Local Government and the seller have given written consent to that
planting.
14.
CARE AND MAINTAINCE
The Buyer shall not
(a)
accumulate or place any rubbish on the Land or permit any rubbish to
be accumulated or placed on the Land;
(b) use
or permit to be used on the Land any incinerator or other article or
receptacle for the disposal or storage of rubbish (other than
domestic, rubbish bins) –
(i)
without the prior written approval of the seller; or
(ii)
In contravention of any law relating to the disposal or storage of
garbage or other rubbish;
(c)
permit any grass upon the Land or the adjacent verge to grow to a
height in excess of 100mm before mown or to otherwise be unsightly in
appearance;
(d)
remove any tree or shrub from the Land or the verge –
(i)
Without the prior written approval of the Seller (if so required);
(ii)
Except when such removal shall be reasonably necessary for the
purposes of erecting or using any structure on the Land, without the
prior written approval of the Seller;
(iii) unless the Buyer shall have planted elsewhere on the Land or
verge; as the case may be, a tree or shrub of the same species and of
at least the same size as that proposed to be removed so as to
compensate for that removal;
(e) Use
any attached or detached carpet for any purpose other than to
accommodate a registered roadworthy motor vehicle;
(f)
Use any attached or detached carport or any verandas for the purposes
of storage or as a workshop.
The
Buyer shall maintain any adjacent or adjoining footpath or verge as if
it were part of the Land.
The
Buyer is encouraged to establish a garden on the Land and to keep the
garden and grounds and all trees shrubs on the Land and on the verge
from time to time in good order and conditions and properly tended,
fertilized and cultivated and to replace ant trees shrubs or bushes
which may perish.
The
Buyer is encouraged to keep the driveways, paths and lawns on the land
and on the verge free from weeds and any hedge properly trimmed and
lawns properly mown and trimmed.
15.
SIGNS
The
Buyer shall not place or erect or permit to be placed or erected a
sign or advertisement of any nature on the land other than a builder’
sign which is no larger than 0.900 meters x 0.600 meters.
16.
AIR CONDITIONING, SOLAR WATER HEATER, RAIN WATER TANKS AND
CLOTHESLINES
The
Buyer shall not install or permit to be installed on the Land any air
conditioner, solar water heaters, rain water tank or clotheslines
which are visible from the street.
17.
ANTENNAE AND SATELLITE DISHES
(a) The
Buyer shall not locate or permit to be located on the Land any
antennae or satellite dish unless it is erected at the rear of the
main roof line of the house structure and is not visible from the
street.
(b) The
Buyer shall not locate or permit to be located above ground level on
the Land any satellite dish which has a diameter of more than 650mm or
which is visible from the street.
18.
PARKING OF VECHILES
(a) The
Buyer shall not park or permit to be parked forward of the front
building alignment on the Land any boat, caravan, trailer or other
vessel or vehicle.
(b) The
Buyer shall not park or permit to be parked any boat, caravan, trailer
or other vessel or vehicle behind the front building alignment on the
Land unless it is screened by landscaping so as to totally obscure it
from the street.
(c) The
Buyer shall not park or permit to be parked on any road within the
Development any boat, caravan, trailer or other vessel or vehicle
(whether registered or unregistered) in any manner other than a lawful
manner.
19.
ANIMALS
The
Buyer shall not
(a)
keep a cat on or near the Land if the cat is not fitted with a collar
and bell;
(b)
permit any cat which is normally kept on or near the Land to roam
between the hours of six o’ clock at night and six o’ clock on the
following morning (eastern standard time);
(c)
keep a dog on the Land unless the Land has been fenced in a way –
(i)
which does not conflict with the Building Covenants; and
(ii)
Which all constrain the dog, humanely, from leaving the land;
(d) keep
more than two animals on the land;
(e)
keep any animal which is not a cat or a dog on the land.
20.
DISPLAY HOMES
The
Buyer shall not –
(a) use
or permit the land to be used for the purposes of the construction of
a display home; or
(b) use
or permit to be used any structure on the Land as a display home.
Without the prior written approval of a Seller and, if necessary, the
Local Government.
21.
EXIT AND SUNSET PROVISIONS
(a) The
provisions of this clause are intended to have effect so that some
person will continue to have power to give or withhold approvals under
the Building Covenants when the seller ceases to be the registered
owner of any land in the Development.
(b) The
Seller may at any time appoint in its place any other person or
persons, either by power of attorney or otherwise, to exercise any of
rights and powers (including the right to appoint a substitute or
substitutes) which the Seller has under the Building Covenants and/or
to perform any function intended, by the Building Covenants, to be
performed by the Seller.
(c) The
Seller has also full power to substitute and appoint in place of any
such appointee one or more person to exercise any of the rights and
power which the Seller has under the Building Covenants and/or to
perform any function intended, by the Building Covenants, to be
performed by the Seller and to revoke any such appointed from time to
time and to substitute or appoint any other or others in place of that
appointee or those appointees as the Seller shall from time to time
think fit.
(d) If
the Seller makes an appointment under paragraphs (b)
(i)
all references in the Building Covenants to the “Seller” shall be read
as a reference to the appoint to the appointee or its substitutes
during the term of that appointed;
(ii) The Buyer shall pay the reasonable costs and expenses of the Seller
of and incidental to the consideration of any application for the
Seller’s approval in writing under the Building Covenants whether or
not such approval be given or refused or given subject to conditions.
(e)
Clause 19(d)(ii) does not apply until the Seller has ceased to be the
registered owner of any land in the Development.
(f)
The Seller may establish or assist in or promote the establishment of
an association of land owners in the Development (whether incorporated
or unincorporated) for the purposes inter alia of exercising any of
the rights and power which the Seller has under the Building Covenants
and/or performing any function intended, by the Building Covenants, to
be performed by the Seller.
(g) The
Seller may assign its rights and any obligations which it may have
under or by virtue of the Building Covenants to any person and at any
time.
(h)
Without prejudice to any rights or obligation which may have accrued
to or against any person under or by virtue of the Building Covenants
before that date, the Building Covenants shall cease to have any force
or effect on and after the first day of January 2011 to the extent
that they require the Buyer not to do or permit to be done any act or
things without the approval of the Seller.
22.
VARIATION OF BUILDING COVENANTS AND DEFAULT
(a) The
Buyer agrees that the Seller has right to vary or revoke any of the
stipulations contained in the Building Covenants.
(b) The
Seller shall not vary or revoke any of those stipulation if, in the
opinion of the Seller, such variation or revocation would be contrary
to be Building scheme which the Seller has establishment for the
Development.
(c) The
Buyer has no rights against the Seller if the Seller varies or revokes
any of the stipulation in the Building Covenants.
(d) The
Buyer agrees that the Seller has the right to remedy any breach of
the Building Covenants by the Buyer and that for such purpose the
Seller may enter upon and Land and
(i)
remove any structure, article or animals; or
(ii)
perform any works.
(e) The
Seller may recover from the Buyer, as liquidated damages, any moneys
expended by the Seller in the exercise of those powers, including the
cost of storage or disposal.
23.
PENALTY FOR BREACH OF BUILDING COVENANTS
(a) On
demand, the Buyer will pay the sum of 2,00,000 Inr. (“Penalty”) to the
Seller as security for the payment of any damages or losses which the
Seller may sustain in the event that the Buyer breaches any covenants,
obligation, condition or agreement (express or implied) in or under
the Building Covenants.
(b) The
Buyer’s obligation under paragraph (a) of this clause shall not be
enforceable by action or otherwise unless and until the Seller serves
on the Buyer a notice –
(i)
specifying the particular breach complained of; and
(ii)
if the breach is capable of remedy, requiring the Buyer to remedy the
breach; and
(iii) in the case of the Seller claiming compensation in money for the
breach, requiring the Buyer to pay the same
and
the Buyer fails within 14 days after service of the notice to remedy
the breach, if it is capable of remedy, or to pay reasonable
compensation to the Seller for the breach.
(c) The
Seller has the right to apply the Penalty in or towards satisfaction
of any claim which the Seller may have at any time against the Buyer
for breach of any such covenant, obligation, condition or agreement.
24. Buyer
when before construction begins all persons responsible should be made
aware of this covenants and its term’s before commencement.
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