CONTRACT OF SALE OF REAL ESTATE

Transcription

1 CONTRACT OF SALE OF REAL ESTATE Lot #### on proposed plan of subdivision PS742681H, Harpley, off Black Forest Road, Werribee, Victoria 3030 Carinya Park - Stage 15

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3 CONTRACT OF SALE OF REAL ESTATE Property Address: Lot #### on proposed plan of subdivision PS742681H, Harpley, off Black Forest Road, Werribee, Victoria 3030 The vendor agrees to sell and the purchaser agrees to buy the property, being the land and the goods, for the price and on the terms set out in this contract. The terms of this contract are contained in the- Particulars of sale; and Special conditions, if any; and General conditions; in that order of priority. IMPORTANT NOTICE TO PURCHASERS Cooling-off period (Section 31 Sale of Land Act 1962) You may end this contract within 3 clear business days of the day that you sign the contract if none of the exceptions listed below applies to you. You must either give the vendor or the vendor's agent written notice that you are ending the contract or leave the notice at the address of the vendor or the vendor's agent to end this contract within this time in accordance with this cooling-off provision. You are entitled to a refund of all the money you paid EXCEPT for $100 or 0.2% of the purchase price (whichever is more) if you end the contract in this way EXCEPTIONS - The 3-day cooling-off period does not apply if- you bought the property at or within 3 clear business days before or after a publicly advertised auction; or the property is used primarily for industrial or commercial purposes; or the property is more than 20 hectares in size and is used primarily for farming; or you and the vendor have previously signed a contract for the sale of the same land in substantially the same terms; or you are an estate agent or a corporate body. SIGNING OF THIS CONTRACT WARNING: THIS IS A LEGALLY BINDING AGREEMENT. YOU SHOULD READ THIS CONTRACT BEFORE SIGNING IT. Purchasers should ensure that prior to signing this contract, they have received: a copy of the section 32 statement required to be given by a vendor under section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act; and a copy of the full terms of this contract The authority of a person signing: under power of attorney; or as director of a corporation; or as an agent authorised in writing by one of the parties must be noted beneath the signature. Any person whose signature is secured by an estate agent acknowledges being given by the agent at the time of signing a copy of the terms of this contract. SIGNED BY THE PURCHASER... on / /20 Print name of person signing... State nature of authority (if applicable)... Director/ Attorney under power of attorney dated SIGNED BY THE VENDOR... on / /20 Print name of person signing... State nature of authority (if applicable)... Attorney under power of attorney dated 29 August _v1 kmm llcd3

4 2 SIGNED BY THE DEVELOPER... on / /20 Print name of person signing... Print name of person signing... State nature of authority (if applicable) Attorney under power of attorney dated 15 December 2014 The DAY OF SALE is the date by which both parties have signed this contract _v1 kmm llcd3

5 3 NOTICE TO PURCHASERS OF PROPERTY OFF-THE-PLAN Off-the-plan sales Section 9AA(1A) Sale of Land Act 1962 You may negotiate with the vendor about the amount of the deposit moneys payable under the contract of sale, up to 10 per cent of the purchase price. A substantial period of time may elapse between the day on which you sign the contract of sale and the day on which you become the registered proprietor of the lot. The value of the lot may change between the day on which you sign the contract of sale of that lot and the day on which you become the registered proprietor. VENDOR'S ESTATE AGENT PARTICULARS OF SALE Name: Address: Telephone: Fax: DX VENDOR Name: Elizabeth Amelia Richmond Address: Rockleigh, Little River, Victoria 3211 Telephone: Fax: DX VENDOR'S LEGAL PRACTITIONER OR CONVEYANCER Name: Russell Kennedy Pty Ltd Ref: KMM Address: Level 12, 469 La Trobe Street, Melbourne, 3000 Telephone: Fax: DX kmusgrove@rk.com.au DEVELOPER Name: Lend Lease Communities (Australia) Limited ACN Address: Level 4, 30 The Bond, 30 Hickson Road, Millers Point, New South Wales 2000 Telephone: Fax: DX DEVELOPER S LEGAL PRACTITIONER OR CONVEYANCER Name: Russell Kennedy Pty Ltd Ref: KMM Address: Level 12, 469 La Trobe Street, Melbourne, 3000 Telephone: Fax: DX kmusgrove@rk.com.au PURCHASER Name: Address: Telephone: Fax: DX _v1 kmm llcd3

6 4 PURCHASER'S LEGAL PRACTITIONER OR CONVEYANCER Name: Ref: Address: Telephone: Fax: DX PROPERTY ADDRESS the land together with any improvements known as Lot ####, Harpley, off Black Forest Road, Address: Werribee, Victoria 3030 Project Stage: Carinya Park - Stage 15 LAND The land is described in the attached copy title(s) and plan(s) as: Lot #### on proposed plan of subdivision PS742681H ( Plan ) and being part of the land described in certificate of title volume folio 641 and volume folio 303 and includes all improvements and fixtures GOODS (List or attach schedule) Nil PAYMENT Price $ Deposit $ Balance $ payable at settlement GST (refer to Special Condition 16) The price includes GST (if any) unless the words plus GST appear in this box: inclusive of GST (being 10% of the price) on the execution of this contract by the purchaser or within days from the date of this contract If this is a sale of a farming business or going concern then add the words farming business or going concern in this box: not applicable If the margin scheme will be used to calculate GST then add the words margin scheme in this box: margin scheme SETTLEMENT is due on the day of 20 Unless the land is a lot on an unregistered plan of subdivision, in which case settlement is due on the later of: the above date; and 7 days after the vendor gives notice in writing to the purchaser of registration of the plan of subdivision. LEASES At settlement the purchaser is entitled to vacant possession of the property unless the words subject to lease appear in this box, in which case refer to general condition 1.1. not applicable If subject to lease then particulars of the lease are: not applicable _v1 kmm llcd3

7 5 TERMS CONTRACT If this contract is intended to be a terms contract within the meaning of the Sale of Land Act then add the words terms contract in this box and refer to general condition 23 and add any further provisions by way of Special Conditions: not applicable LOAN (Special Condition 9) The following details apply if this contract is subject to a loan being approved. Lender: Loan Amount: $ Approval Date: SPECIAL CONDITIONS This contract does not include any special conditions unless the words Special Conditions appear in this box: Special Conditions If the contract is subject to Special Conditions then particulars of the Special Conditions are attached. FOREIGN INTEREST (Special Conditions 11 and 12) Is the purchaser, or are any of the purchasers, a foreign person as defined in sections 5 or 21A of the Foreign Acquisitions and Takeovers Act 1975 (Cth)? Yes No (tick one only) _v1 kmm llcd3

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17 15 SPECIAL CONDITIONS CONTENTS 1 DEFINITIONS INTERPRETATION GENERAL CONDITIONS DELETED OR AMENDED GUARANTEE NOMINATION ACKNOWLEDGMENTS BY PURCHASER DEPOSIT DEFAULT LOAN CONDITION, RISK, IDENTITY AND USE OF PROPERTY PURCHASER NOT A FOREIGN INTEREST PURCHASER A FOREIGN INTEREST SETTLEMENT AND TRANSFER CONFIDENTIALITY PURCHASER S WARRANTIES GST DUTY INDEMNITY VENDOR WARRANTIES NOTICES ADJUSTMENTS FENCING FILLED LAND SECTION 173 AGREEMENT GAIC COVENANTS AND HOME DESIGN GUIDELINES DWELLING-HOUSE HLY A 87584v4 HLY

18 16 27 PERFORMANCE BOND NO SALE BY PURCHASER OPTION NO MERGER UNREGISTERED PLAN LAND TAX AND RATES COMMUNITY INFRASTRUCTURE LEVY RELEASE OF VENDOR ##PURCHASER'S CONTRIBUTION TOWARDS FENCING COSTS PERSONAL INFORMATION TRUST ADDITIONAL LAND TAX LIABILITY INSPECTION TIME SERVICE GENERAL REFERRAL FEE HLY A 87584v4 HLY

19 17 SPECIAL CONDITIONS 1 DEFINITIONS In this Contract, capitalised terms have the meaning given to them in the Particulars of Sale, and, unless the context otherwise requires: ASIC means the Australian Securities & Investments Commission. Bank means an authorised deposit-taking institution as defined in the Banking Act 1959 (Cth). Business Day means a day other than a Saturday, Sunday or public holiday in Melbourne. Claim includes: any claim, objection, requisition, notice, demand, action, proceeding, litigation, investigation or judgment, whether based in contract, tort, statute or otherwise; and any delay in Settlement or rescission or termination of this Contract or attempt to do so Contract means this contract of sale of real estate, including the Particulars of Sale, General Conditions, Special Conditions, Schedules and annexures (if any) and attachments to this contract. Corporations Act means the Corporations Act 2001 (Cth). Council means Wyndham City Council. Covenants means the covenants in the form or substantially in the form of the covenants attached to the Vendor s Statement. Default Interest means interest calculated at the rate of 2% above the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Vic). Developer means Lend Lease Communities (Australia) Limited ACN , who has been engaged by the Vendor to act as developer to develop Harpley. Due Date for Settlement means the date provided for in the Particulars of Sale for payment of the Balance. FIRB means the Foreign Investment Review Board. FIRB Application means a notice of the Purchaser s intention to purchase the Property made and delivered pursuant to section 26A of the Takeovers Act in the prescribed form and in accordance with any current guidelines regarding Australian foreign investment policy. FIRB Approval Date means a day that is 50 days after the date of this Contract. Foreign Interest means a foreign person as defined in sections 5 or 21A of the Takeovers Act _v1 kmm llcd3

20 GAIC means the growth areas infrastructure contribution pursuant to the GAIC Law. GAIC Law means Part 9B and any other applicable parts of the Planning and Environment Act 1987 (Vic) and any regulations in relation to the GAIC. General Conditions means the general conditions included in this Contract. Government Agency means any: government or government department or other body; governmental, semi-governmental, municipal, administrative, statutory or judicial person, body or authority; a person (whether autonomous or not) charged with administration of any applicable Law GST has the same meaning as defined in the GST Law and also includes penalties and interest. GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth). GST Law has the same meaning as defined in the GST Act. Guarantee means the guarantee and indemnity in the form attached to this Contract. Harpley means the Vendor's residential development known as Harpley, located off Black Forest Road, Werribee, Victoria Home Design Guidelines means the design guidelines in the form or substantially in the form of those attached to the Vendor s Statement or as provided by the Vendor to the Purchaser from time to time. Insolvency Event means: if the party is a natural person, the party becomes insolvent under administration (as the term is defined in the Corporations Act); if the party is a corporation, the party: (a) (b) (c) (d) (e) is placed under administration; is placed in liquidation or provisional liquidation; has a controller (as defined in the Corporations Act) or analogous person appointed to that party or any of that party s property; enters into an arrangement, composition or compromise with, or assignment for the benefit of, any of that party s creditors or any class of them; as a result of section 459F(1) of the Corporations Act, is taken to have failed to comply with a statutory demand; or _v1 kmm llcd3

21 19 (f) lodges an application for that party s voluntary deregistration with ASIC or is subject to any actions by ASIC to initiate the deregistration of that party, or any analogous event under the laws of any applicable jurisdiction Interest means interest earned on the Deposit less any taxes, duties, fees, costs and charges. Law means any law, rule, Act, ordinance, regulation, by-law, local law, order, statutory instrument, control, restriction, direction, notice or proclamation and includes the requirements of any municipal or statutory body or any permit, planning scheme or approval affecting the Land. Loss means any liability, charge, claim, loss, damage, expense or cost including any legal costs on a solicitor/client basis. Particulars of Sale means the particulars of sale in this Contract. Performance Bond means the sum of $1,000 payable by the Purchaser to the Developer in accordance with Special Condition 27. Plan means plan of subdivision PS742681H, a copy of which is annexed to the Vendor s Statement and includes any amendments or alterations made to the plan and any restrictions on the plan. Property means the Land and any improvements on the Land. Purchaser s Warranties means the Purchaser s warranties referred to in Special Condition Related Body Corporate means the same as Related Body Corporate means in the Corporations Act. Representatives means all employees, agents, officers and successors in title of the relevant party. ResCode means the residential development provisions and tools incorporated into Part 4 of the Building Regulations 2006, clauses 54, 55 and 56 of the Casey Planning Scheme, and any relevant Ministerial guidelines. Schedule means a schedule to this Contract. Section 173 Agreement means an agreement under section 173 of the Planning and Environment Act 1987 (Vic). Settlement means: the provision of: (a) (b) vacant possession; or receipt of the rents and profits, _v1 kmm llcd3 of the Property to the Purchaser; and the acceptance of title and payment by the Purchaser of the Price and all other money due to the Vendor under this Contract.

22 Special Conditions means the special conditions included in this Contract. Settlement Date means the date Settlement occurs. Small Lot Housing Code means the planning initiative of that name designed to apply to housing lots under 300 square metres and which are located within an urban growth zone (as defined in the Wyndham Planning Scheme) where a precinct structure plan has been incorporated into the Wyndham Planning Scheme. Takeovers Act means the Foreign Acquisitions and Takeovers Act 1975 (Cth). Transfer means the instrument of transfer of land to the Purchaser. Vendor s Legal Practitioners means Russell Kennedy Pty Ltd of Level 12, 469 Latrobe Street, Melbourne. Vendor s Statement means the statement made by the Vendor under section 32 of the Sale of Land Act 1962 (Vic), a copy of which is attached to this Contract. 2 INTERPRETATION In this Contract, unless the context otherwise requires: 2.1 A reference to: the singular includes the plural and vice versa; words that suggest one gender include other genders; a document or instrument, including this Contract, includes that document or instrument as novated, altered or replaced; a person includes any type of entity or body of persons whether or not it is incorporated or has a separate legal identity and any executor, administrator or successor in law of that person; a party includes that party s substitutes and assigns provided that the substitution or assignment complies with this Contract and is effective under any applicable law; anything includes any part of it; and a statute, code or other Law includes regulations and other instruments made under it and includes consolidations, amendments, re-enactments or replacements of any of them Where a word or expression is defined, other parts of speech and grammatical forms of that word or expression have a corresponding meaning. All monetary amounts are in Australian dollars. Headings and the provision of a table of contents are for convenience only and do not affect the interpretation of this Contract. Any word or expression that is defined in the GST Law has the same meaning in this Contract _v1 kmm llcd3

23 3 GENERAL CONDITIONS DELETED OR AMENDED General Conditions 2.2, 2.4 and 2.5 (Vendor s Warranties) are deleted. General Conditions 6 (Transfer) and 10.3 (Settlement) are deleted and replaced with Special Condition 13. General Condition 8 (Builder warranty insurance) is deleted. General Conditions 12.2 and 12.3 (Stakeholding) are deleted and replaced with Special Condition 7. General Condition 13 (GST) is deleted and replaced with Special Condition 16. General Condition 14 (Loan) is deleted and replaced with Special Condition 9. General Condition 16.2 (Time) is deleted and replaced with Special Condition 40. General Condition 17 (Service) is deleted and replaced with Special Condition 41. General Condition 18 (Nominee) is deleted and replaced with Special Condition 5. General Condition 20 (Guarantee) is deleted and replaced with Special Condition 4. General Condition 21 (Notices) is deleted and replaced with Special Condition 19. General Condition 22 (Inspection) is deleted and replaced with Special Condition 39. General Condition 24 (Loss or damage before Settlement) is deleted and replaced with Special Condition 10. General Conditions 25 (Breach) and 26 (Interest) are deleted and replaced with Special Condition 8. 4 GUARANTEE 4.1 Corporate purchaser If the Purchaser is or includes a corporation or the Purchaser wishes to nominate another party to be the substitute or additional purchaser and that party is or includes a corporation, the Purchaser must deliver to the Developer the Guarantee: at the same time as the Purchaser executes this Contract; or at the same time as the Purchaser nominates another party to be the substitute or additional purchaser. 4.2 Exclusions Special Condition 4.1 does not apply if the shares of the corporation are listed on the Australian Stock Exchange Ltd _v1 kmm llcd3

24 Execution of Guarantee The Guarantee must be executed by all of the directors of the Purchaser and of any nominee of the Purchaser. 4.4 Failure to provide Guarantee 5 NOMINATION If the Purchaser does not deliver the Guarantee as required by this Special Condition 4 within the time set out in Special Condition 4.1, the Vendor may rescind this Contract and retain the Deposit and any Interest. 5.1 Nomination The Purchaser must not: nominate a substitute or additional purchaser; or assign this Contract or any right under it, except as provided for in this Special Condition Timing and process The Purchaser may nominate a substitute or additional purchaser if the Purchaser, at the Purchaser s expense: gives the Developer notice in writing of the Purchaser s intention at least 10 days before the Due Date for Settlement; at the Developer s request, cause the Deposit to be increased to an amount being 10% of the Price if the Deposit already paid is less than 10% of the Price; complies with Special Conditions 4 and 5; and documents and completes the nomination or substitution and signs and procures the substitute or additional purchaser to sign such document as may be required by the Developer to the reasonable satisfaction of the Developer. 5.3 Disclosure and indemnity The original Purchaser and any substitute or additional purchaser must fully and truthfully disclose the details of the substitution to the State Revenue Office or other relevant Government Agency The original Purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract The original Purchaser and any substitute or additional purchaser must indemnify hold harmless and keep indemnified the Vendor and the Developer against any Loss or Claim that the Vendor, the Developer and their respective Representatives, or the Vendor s Legal Practitioner pay, suffer, incur or are liable for as a result of any breach of this Special Condition _v1 kmm llcd3

25 Continuation of acts The acts and omissions of the Vendor, the Developer and the original Purchaser continue to bind the Vendor, the Developer and the nominee respectively. The Vendor must treat the Deposit paid by the original Purchaser as Deposit money paid by the nominee. 6 ACKNOWLEDGMENTS BY PURCHASER 6.1 Sale of Land Act 1962 (Vic) The Purchaser received a copy of the Vendor s Statement before signing the Contract The Purchaser acknowledges and agrees that a Due Diligence Checklist (as defined in Section 33A of the Sale of Land Act 1962 (Vic)) was made available to the Purchaser from the time the Land was offered for sale in the manner described in section 33B(6) of the Sale of Land Act 1962 (Vic). 6.2 Estate Agents Act 1980 (Vic) The Purchaser received a copy of the Contract before paying any money or signing the Contract or any other document in relation to the Purchaser s purchase of the Property Neither the Vendor nor the Developer, nor any person acting on behalf of the Vendor or the Developer has made any promise to the Purchaser about obtaining a loan to defray some or all of the Price. 6.3 Utility services 7 DEPOSIT The Purchaser acknowledges that the Developer has no control over the siting or location of service pits, service markers, man-holes, telephone or electricity poles, and the Purchaser will not raise any objection or Claim or seek any compensation from the Vendor or the Developer in respect thereof. 7.1 Payment The Purchaser must pay the Deposit to the Vendor s Legal Practitioner to be held by the Vendor s Legal Practitioner on trust as a stakeholder for the parties until the earlier of: the Settlement Date; or the release of the Deposit under the Sale of Land Act 1962 (Vic). 7.2 Investment The parties authorise the Vendor s Legal Practitioner to lodge the Deposit (at the option of the Vendor s Legal Practitioner) either: with a Bank as an unsecured deposit in the name of the Vendor s Legal Practitioner in its capacity as stakeholder in a controlled money account authorised by the Legal Profession Uniform Law (Victoria); or _v1 kmm llcd3

26 in the general trust account of the Vendor s Legal Practitioner. 7.3 Entitlement to Deposit The Interest is the absolute property of the Vendor unless the Purchaser becomes entitled to a refund of the Deposit. If the Purchaser becomes entitled to a refund of the Deposit, the Purchaser also becomes entitled to the Interest. 7.4 Giving effect to this Special Condition 8 DEFAULT The Vendor and Purchaser must do all things necessary, including providing the relevant tax file numbers, to enable the Vendor s Legal Practitioner to do the following: open the account specified in Special Condition 7.2.1; and withdraw the Deposit and the Interest. 8.1 Costs on default If the Purchaser breaches this Contract, without limiting any other rights or remedies the Vendor or the Developer may have against the Purchaser, the Purchaser must pay or reimburse the Vendor or the Developer on demand: all costs, charges and expenses incurred, whether directly or indirectly, by the Vendor or the Developer as a result of the breach, including any legal costs on a solicitor and client basis; and any other money payable under this Contract. 8.2 Interest on default If the Purchaser defaults in payment of any money due under this Contract, the Purchaser must pay to the Vendor or the Developer, as the case may be, Default Interest on the money overdue during the period of default without the need for any demand and without prejudice to any other rights of the Vendor or the Developer. 8.3 Insolvency If an Insolvency Event occurs in respect of the Purchaser or a Related Body Corporate of the Purchaser, without limiting any other rights or remedies the other parties may have against the Purchaser, the Vendor or the Developer may rescind this Contract. In that event, the Vendor may also retain the Deposit and any Interest. 9 LOAN 9.1 Contract subject to loan approval If the Particulars of Sale specify that this Contract is subject to a loan being approved, this Contract is subject to the Lender approving the loan on the security of the Property by the Approval Date or any later date allowed by the Vendor _v1 kmm llcd3

27 Loan not approved The Purchaser may end the Contract if the loan is not approved by the Approval Date, but only if the Purchaser: immediately applied for the loan; did everything reasonably required to obtain approval of the loan; serves written notice ending the Contract on the Vendor on or before the Approval Date or any later date allowed by the Vendor ("Notice"); attaches to the Notice written evidence from the Lender which: (a) (b) (c) is dated and on the Lender's letterhead; identifies the Purchaser and the Property; and sets out the Loan Amount applied for and states that the loan has not been approved; and is not in default under any other condition of this Contract when the Notice is given. 9.3 Refund of Deposit All monies paid by the Purchaser must be immediately refunded to the Purchaser if the Contract is ended in accordance with this Special Condition. 10 CONDITION, RISK, IDENTITY AND USE OF PROPERTY 10.1 Condition The Purchaser buys the Land in its condition on the Day of Sale The Purchaser carries the risk of loss or damage to the Property from the Day of Sale The Purchaser relied on its own enquiries about the nature, quality and condition of the Property in entering into this Contract If any buildings or improvements fail to comply with any applicable Law, this does not constitute a defect in the Vendor's title, or affect the validity of this Contract No warranty _v1 kmm llcd3 The Vendor, the Developer and their respective Representatives make no representation or warranty: that the Property as offered for sale is identical with that described in the Particulars of Sale; that the improvements are constructed on or inside the boundaries of the Land; that any improvements owned by third parties do not encroach onto the Land;

28 that any boundary fences or walls are correctly located on the title boundaries of the Land; that the Property may be used for any particular purpose; that the Property complies with any applicable Laws; as to the value of the Property or any financial return or income derived or to be derived from the Property; and as to the condition of the Property or their suitability or fitness for any particular purpose Acknowledgment The Purchaser buys the Property subject to: any faults or defects; any notices or orders disclosed in the Vendor s Statement or otherwise; all registered and any unregistered and implied easements, covenants and restrictive covenants (if any) including those disclosed in the Vendor s Statement; any easements and restrictions created by the Plan; any restrictions or conditions on their use or development imposed by any Law or Government Agency; and any applicable Law Independent assessment The Purchaser inspected and made an independent assessment of the following: (a) (b) (c) the Property; the Contract and the Vendor s Statement; and any other agreement, contract, document, correspondence and other information available or provided to the Purchaser or any Representative of the Purchaser _v1 kmm llcd The Purchaser made an independent assessment of the financial implications of the matters referred to in Special Condition and is satisfied with those matters. The Purchaser had regard to the Purchaser s particular circumstances in making this assessment. The Vendor and the Developer are not aware of the Purchaser s particular circumstances The Purchaser obtained or had the opportunity to obtain independent legal and financial advice prior to signing the Contract The Purchaser has no right to make any requisitions or enquiries of the Vendor or the Developer.

29 No reliance or inducement The Purchaser has not relied on or been induced to enter into the Contract by any representations or warranties (whether express or implied) about the matters referred to in this Special Condition 10, including the following: the fitness or suitability of the Property for any purpose; the value of the Property, or any financial return or income derived or to be derived from the Property; or the state of repair of the Property No Claim The Purchaser must not: make any Claim or require the Vendor or the Developer to take or refrain from taking any action because of any matter referred to in this Special Condition; or require the Vendor or the Developer to pay all or any part of the cost of making any alteration to the Property to ensure it is fit for any particular purpose, is free from defect or complies with any applicable Law. 11 PURCHASER NOT A FOREIGN INTEREST 11.1 Warranty If the Purchaser has stated in the Particulars of Sale that the Purchaser is not a Foreign Interest, the Purchaser warrants that the Purchaser has not breached section 26A of the Takeovers Act by entering into this Contract Consequences If the warranty in Special Condition 11.1 is untrue: the Vendor may rescind this Contract and retain the Deposit and any Interest; and the Purchaser must indemnify hold harmless and keep indemnified the Vendor against any Loss or Claim that the Vendor suffers, incurs or is liable for as a result of any breach of this Special Condition. 12 PURCHASER A FOREIGN INTEREST 12.1 Condition subsequent _v1 kmm llcd3 If the Purchaser has stated in the Particulars of Sale that the Purchaser is a Foreign Interest, then this Contract is subject to the condition subsequent that on or before 5.00pm on the FIRB Approval Date, the Treasurer either: advises that it does not object to entry into this Contract by the Purchaser; or is no longer empowered to make an order or decision under the Takeovers Act concerning the acquisition of the Property.

30 Application by Purchaser The Purchaser must: produce evidence to the Vendor that the Purchaser has delivered to the Treasurer the FIRB Application; promptly do all things required by the Treasurer or which, in the Vendor s opinion, are desirable to satisfy Special Condition 12.1; not withdraw the FIRB Application or do anything which may jeopardise satisfaction of Special Condition 12.1; and use its best endeavours to satisfy Special Condition 12.1 as soon as possible Vendor to be kept informed The Purchaser must keep the Vendor informed of the progress of the FIRB Application and promptly deliver to the Vendor copies of: the FIRB Application and all relevant documents; all amendments or variations to the FIRB Application; all communications received or transmitted by the Purchaser concerning the FIRB Application including, without limitation, written details of all verbal communications; and all orders or decisions made by the Treasurer Vendor may communicate with Treasurer The Vendor may communicate with the Treasurer about the FIRB Application and any order or decision of the Treasurer concerning it. The Purchaser must provide the Vendor with all things required by the Vendor to enable the exercise of its rights under this Special Condition Failure of condition If on or before the FIRB Approval Date the Treasurer: makes an order prohibiting the Purchaser s acquisition of the Property; makes a decision that the Treasurer objects to entry into this Contract by the Purchaser; or extends the examination period for the FIRB Application beyond the FIRB Approval Date by issuing an interim order under section 22 of the Takeovers Act; then the Purchaser may, within 4 days after the FIRB Approval Date, terminate this Contract by written notice to the Vendor. In that event, all moneys paid by the Purchaser under this Contract are forfeited to the Vendor. If the Purchaser does not terminate this Contract within 4 days after the FIRB Approval Date, this Contract is deemed unconditional _v1 kmm llcd3

31 Breach by Purchaser For the avoidance of doubt, the parties confirm and agree that if: the Purchaser breaches any part of Special Conditions 12.2 or 12.3; or due to any action or inaction by the Purchaser, the FIRB Application is not lodged within 7 days after the Day of Sale; and the Treasurer does not grant approval to the Purchaser s acquisition of the Property by the FIRB Approval Date; then, the Vendor shall be entitled to immediately terminate this Contract by notice in writing to the Purchaser. In that event, all moneys paid by the Purchaser under this Contract are forfeited to the Vendor. 13 SETTLEMENT AND TRANSFER 13.1 Settlement The parties must effect Settlement on or before 3.00pm on the Due Date for Settlement at a time nominated by the Developer If Settlement takes place on the Due Date for Settlement but at a time after 3.00pm, Settlement is deemed to have taken place on the next Business Day. The Purchaser is taken to have defaulted in payment of the Price unless it is solely due to the default of the Vendor or the Developer that Settlement takes place after 3.00pm on the Due Date for Settlement Transfer 14 CONFIDENTIALITY The Purchaser must prepare the Transfer and deliver the Transfer to the Vendor s Legal Practitioner at least 10 Business Days before the Due Date for Settlement, or if Special Condition 31 applies, 5 days before the Due Date for Settlement. If the Purchaser fails to do so: the Vendor may elect not to effect Settlement until 10 Business Days or, if Special Condition 31 applies, 5 days, after the date on which the Vendor s Legal Practitioner receives the Transfer; and the Purchaser is taken to have defaulted in payment of the Balance of the Price and must, at Settlement, pay Default Interest under this Contract to the Vendor from the Due Date for Settlement until the Settlement Date No disclosure The parties must ensure that this Contract and all the information exchanged between the parties in connection with this Contract whether before or after the Day of Sale is kept confidential to them and is not disclosed to any person except: _v1 kmm llcd3

32 to the party s legal practitioners, consultants or other persons if it is necessary to enable the parties to perform their obligations under the Contract; and to the extent required in connection with legal proceedings relating to the Contract; and to the extent that the information is available for inspection on a public register other than as a result of a breach of confidence by either party; and to the minimum extent required by Law or regulation of the Australian Stock Exchange Ltd or generally accepted accounting principles and practices; or with the prior written consent of the other party Third parties A party disclosing information under Special Condition 14.1 must use the party s reasonable endeavours to ensure that the person receiving the confidential information does not disclose the information except in the circumstances permitted under Special Condition PURCHASER S WARRANTIES 15.1 Warranties The Purchaser represents and warrants that from the Day of Sale up to and including the Settlement Date: if the Purchaser is a company, it is a company limited by shares under the Corporations Act; this Contract constitutes binding obligations, enforceable against the Purchaser under its terms; the Purchaser has full legal capacity and power to enter into and perform the Purchaser s obligations under this Contract; all conditions and things required by any applicable Law to be done in order to enable the Purchaser to lawfully to enter into and perform the Purchaser s obligations under this Contract have been done; the entry into and performance of this Contract does not or will not: (a) (b) (c) (d) contravene any applicable Law to which the Purchaser or any of the Purchaser s property is subject; contravene any approval, authorisation, consent or exemption required by any applicable Law; contravene any undertaking or instrument binding on the Purchaser or any of the Purchaser s property; or if the Purchaser is a company, contravene any provisions of the Purchaser s constitution; and _v1 kmm llcd3

33 in entering into this Contract, the Purchaser is not acting as trustee of any trust or settlement Vendor s and Developer s investigations The Purchaser s Warranties will not be modified, discharged, extinguished or affected by any investigation made or information acquired by or on behalf of the Vendor or the Developer The Purchaser s Warranties are continuing warranties and do not merge on Settlement but remain in full force and effect Reliance The Purchaser acknowledges that the Vendor and the Developer entered into this Contract in reliance on the Purchaser s Warranties Prompt disclosure of breach The Purchaser must immediately disclose to the Vendor and the Developer anything which may arise or become known to the Purchaser before Settlement that is a breach of or is inconsistent with any of the Purchaser s Warranties Indemnity The Purchaser must indemnify hold harmless and keep indemnified the Vendor and the Developer against any Loss or Claim that the Vendor or the Developer suffers, incurs or is liable for as a result of any breach of this Special Condition GST 16.1 Price inclusive of GST The Purchaser does not have to pay the Vendor any GST payable by the Vendor in respect of a taxable supply made under this Contract in addition to the Price unless the Particulars of Sale specify that the Price is plus GST The Purchaser must however pay to the Vendor any GST payable by the Vendor solely as a result of any action taken or intended to be taken by the Purchaser after the Day of Sale, including a change of use Margin scheme The parties agree that: the Vendor will apply the margin scheme to the supply of the Land under this Contract for the purpose of calculating the Vendor s GST liability on the supply; and the Purchaser will not be entitled to claim any input tax credit for GST paid in respect of the Purchaser s acquisition of the Property as a result of the application of the margin scheme _v1 kmm llcd3

34 32 17 DUTY INDEMNITY 17.1 No warranty The Vendor, the Developer and their respective Representatives make no representation or warranty as to the amount of duty payable on the Contract, the Transfer and any related document including any instrument of nomination or assignment No reliance The Purchaser relied on its own enquiries about the amount of duty payable on the Contract, the Transfer and any related document including any instrument of nomination or assignment to enter into this Contract Indemnity The Purchaser must indemnify hold harmless and keep indemnified the Vendor and the Developer against any Losses or Claims that the Vendor, the Developer or their respective Representatives or Legal Practitioner pay, suffer, incur or are liable for in relation to any duty payable on the Contract, the Transfer and any related document including any instrument of nomination or assignment. 18 VENDOR WARRANTIES The warranties made by the Vendor in General Conditions 2.3 and 2.4 end at Settlement. 19 NOTICES The Purchaser is responsible for any notice, order, demand or levy imposing liability on the Property that is issued or made on or after the Day of Sale that does not relate to periodic outgoings. The Purchaser may, with the Developer s consent, enter the Property to comply with its responsibilities in Special Condition 19.1, where action is required before Settlement. 20 ADJUSTMENTS Unless and until a separate assessment of rates taxes and charges is issued in respect of all the lots on the Plan, all adjustments between the parties shall be made on the basis that each lot is liable to that proportion of any such rates taxes or outgoings levied or assessed against all the land in the Plan which the area of each lot bears to the total area of all the lots contained in the Plan. 21 FENCING 21.1 The Purchaser agrees that if before the Settlement Date the Developer: has erected or has contributed towards the costs of erecting one or all of the fences on the boundaries of the Property; or has received any fencing notices from the owner or owners of land adjoining the Property, the Purchaser must, on or before the Settlement Date: _v1 kmm llcd3

35 reimburse the Developer for all the costs which the Developer has or will incur in relation to such fence or fencing notice; or assume liability for payment or contribution towards the cost of erecting the fence While the Vendor is the owner of any land adjoining the Property, the parties agree that the Vendor's contribution towards the cost of constructing any dividing fence shall be $1.00. If the Purchaser enters into any contract for the sale of the land, the Purchaser must include in the contract of sale the following special condition: In this condition, Richmond means Elizabeth Amelia Richmond. While Richmond owns any land adjoining the property, the Purchaser agrees that Richmond s contribution towards the cost of constructing any dividing fence shall be $1.00. and the Purchaser agrees to indemnify the Vendor and the Developer against all costs, losses, charges and expenses incurred by the Vendor or the Developer as a result of any claim for fencing contribution brought against the Vendor or the Developer by the second purchaser This Special Condition 21 shall not merge upon Settlement and shall enure for the benefit of the Vendor and the Developer. 22 FILLED LAND The Purchaser acknowledges that: the Property sold or parts thereof may be filled land; the Vendor and the Developer makes no warranties or representations in regard to the suitability of or the works required to be carried out to the Property to enable the Property to be used by the Purchaser; and the Purchaser agrees not to make any requisition or objection or make any Claim in respect thereto. 23 SECTION 173 AGREEMENT The Purchaser acknowledges that the Council may require the Vendor and/or the Developer to enter into one or more Section 173 Agreements which may be registered against and run with the title to the Land. The Purchaser buys the Land subject to any Section 173 Agreements which are or may be registered, and which may remain encumbrances on the title to the Land at Settlement. The Purchaser must not make any Claim, enquiry, requisition or demand in relation to the matters raised in this Special Condition 23, and the Purchaser must not delay Settlement or rescind this Contract as a result of the matters raised in this Special Condition _v1 kmm llcd3

36 34 24 GAIC The Purchaser acknowledges that the parent title to the Land is encumbered by a notice under the GAIC Law. The Vendor and the Developer confirm that: the Purchaser is not liable to pay any GAIC applicable to the Land; the Developer will ensure that the GAIC is paid as and when the liability to pay falls due; and the Developer will ensure that the notice under the GAIC Law and which affects the Land is or can be removed from the Land before or at Settlement. 25 COVENANTS AND HOME DESIGN GUIDELINES 25.1 Covenants The Purchaser agrees that the transfer of land shall incorporate the Covenants. The Covenants shall be encumbrances on the Property and shall be recorded on the certificate of title of the Property. The Developer reserves the right to vary the lands which are to benefit from the Covenants at any time Home Design Guidelines The Purchaser agrees to observe and be bound by the provisions of the Home Design Guidelines. The Purchaser acknowledges and agrees that: _v1 kmm llcd3 (a) (b) (c) (d) (e) a building envelope plan ("Building Envelope Plan") in respect of the Property and the lots adjacent to or in the vicinity of the Property is included in and form part of the Home Design Guidelines; the Developer shall, at any time, at its absolute discretion be entitled, to vary or waive any of its requirements as set out in the Home Design Guidelines or Building Envelope Plan in respect of any lot shown on the Building Envelope Plan ("BEP Lot"); the Building Envelope Plan contains information concerning the type and the number of dwellings which may be built on any BEP Lot; the Purchaser must not make any objection to any application made by the owner of any BEP Lot for a planning permit to further subdivide the relevant BEP Lot if such BEP Lot is shown on the Building Envelope Plan as a Gallery or medium density lot, or otherwise indicated to be a lot set aside for more than one dwelling to be built on it; and the Purchaser must not make any requisition or objection, or claim any compensation in respect of any matters arising out of the Home Design Guidelines or Building Envelope Plan, or out of any changes made to the Home Design Guidelines and Building Envelope Plan after the date of this Contract.

37 If the Purchaser is in breach of the Purchaser s obligations under this Special Condition 25 or fails to comply with the Home Design Guidelines, then the Developer may: (a) (b) (c) enter the Property; complete all works and supply such materials as are necessary to complete compliance with the Covenants and the Home Design Guidelines; and recover the cost of the works and materials from the Purchaser or later owner of the Property plus interest at the rate of 15% per annum The title to the Property shall be charged with payment of monies due to the Developer under this Special Condition 25 and this charge shall constitute an equitable interest in the property which gives the Vendor the right to lodge a caveat on the title to the Property In relation to the Home Design Guidelines: (a) (b) (c) The Purchaser acknowledges that ResCode and the Small Lot Housing Code apply to the proposed development of the Property and that such development will be considered by the Council or a private building surveyor as the case may be ( Statutory Authorities ) under the provisions of ResCode and the Small Lot Housing Code ( Statutory Approval ). The Vendor has requested or will request the Developer to endeavour to ensure that the Home Design Guidelines comply with ResCode and the Small Lot Housing Code (subject to any transitional provisions which may apply in relation to overlooking and overshadowing) but, if the Purchaser, acting reasonably, believes that any requirements of the Home Design Guidelines do not comply with ResCode or the Small Lot Housing Code ( Non-conforming Provisions ), the Purchaser must advise the Developer of any Non-conforming Provisions within 14 days of becoming aware of those provisions. The Vendor agrees that it will: (1) authorise the Developer to assist the Purchaser to obtain Statutory Approval from the Statutory Authorities; and (2) if the Developer is unable to obtain consent from the Statutory Authorities to any such Non-conforming Provisions, it will authorise the Developer to accept as a variation to the terms of this Contract, any variations to the Home Design Guidelines which are required in order to obtain the Statutory Approval in accordance with ResCode or the Small Lot Housing Code. The parties confirm, agree and acknowledge that any variation to the Home Design Guidelines arising from this condition will not be taken to be a breach of this Contract by either party _v1 kmm llcd3

38 Amendment to Home Design Guidelines Notwithstanding anything to the contrary contained in this Contract, the Purchaser agrees that the Home Design Guidelines referred to in Special Condition 25.2 is a reference to the Home Design Guidelines from time to time prepared by the Vendor. A copy of the most recent version applicable to the Property is attached to the Vendor s Statement, and where appropriate, the reference to the Home Design Guidelines in Special Condition 25.2 includes any variation or waiver made by the Vendor to the Home Design Guidelines from time to time The Purchaser acknowledges that the Vendor may, at the Vendor s absolute discretion waive, or vary any part of the Home Design Guidelines for any property within Harpley. The Purchaser must not make any claim, objection or requisition, or take steps to rescind or terminate this contract by reason of any such waiver or variation Memorandum of common provisions 26 DWELLING-HOUSE The Purchaser acknowledges and agrees that: the Developer may cause the memorandum or memoranda of common provisions in the form or generally in the form of the memorandum or memoranda of common provisions attached to the Vendor's Statement ( MCPs ) to be registered with the Office of Titles; when registered, the Plan will create the restrictions ( Restriction ) described in the Plan; the reference in the Restriction to the memorandum of common provisions being incorporated into the Plan is and will be deemed to be a reference to the form of the relevant MCPs when they are registered; and the Purchaser must not make any claim, requisition or objection, or delay settlement or refuse to settle by reason of any matter arising out of or in connection with any part of the Plan or the MCPs when registered. The Purchaser must: within a period of 18 months from the Settlement Date (or such longer period as may be notified in writing to the Purchaser) commence the construction of a dwelling-house on the Property; within a period of 30 months from the Settlement Date, complete the construction of the dwelling-house on the Property; within a period of 6 months after the date the occupancy permit for the dwellinghouse is issued, complete construction of a driveway and all appropriate fencing on the Property; and _v1 kmm llcd3 within a period of 6 months after the date the occupancy permit for the dwelling house is issued, complete landscaping to all gardens of the Property which are visible to the public from the street.

39 37 27 PERFORMANCE BOND 27.1 Payment of Performance Bond To ensure that the Purchaser complies with the Purchaser s obligations under Special Condition 25, the Purchaser must, at Settlement, and in addition to the Price, pay the Developer the Performance Bond by bank cheque The Purchaser confirms, acknowledges and agrees that the Performance Bond: (a) (b) is not and does not form any part of the Price; and is paid to the Developer only as security for the Purchaser s performance of the Purchaser s obligations under Special Condition Investment of Performance Bond The Developer s Legal Practitioners are irrevocably directed by the parties to either (at the option of the Developer s Legal Practitioners): (a) (b) lodge the Performance Bond (including any rollovers of the Performance Bond) with an authorised deposit-taking institution within the meaning of the Banking Act 1959 (Cth) as an unsecured deposit in the name of the Developer s Legal Practitioners in their capacity as stakeholders in a controlled money account authorised by the Legal Profession Uniform Law (Victoria); or lodge the Performance Bond in the general trust account of the Developer s Legal Practitioners Any interest which accrues on the Performance Bond lodged in a controlled money account must be paid to the party entitled to receive the Performance Bond. No interest will accrue on the Performance Bond if it is lodged in the general trust account of the Developer s Legal Practitioners If requested by the Developer s Legal Practitioners, the Purchaser must give the Purchaser s tax file number to the Developer s Legal Practitioners. If the Purchaser does not do so, the Purchaser acknowledges and agrees that withholding tax from any interest earned on the interest bearing deposit may be deducted Refund of Performance Bond If: _v1 kmm llcd the Purchaser has complied with all the conditions listed in page 15 of the Home Design Guidelines under the heading COMPLIANCE BOND CHECKLIST ("Bond Conditions") to the reasonable satisfaction of the Developer; or if the Bond Conditions have been varied or re-numbered, the Purchaser has complied with the equivalent of those conditions to the reasonable satisfaction of the Developer; and

40 the Purchaser has completed and forwarded to the Developer the form titled COMPLIANCE BOND RETURN FORM appearing on page 16 of the Home Design Guidelines; and the Purchaser has forwarded to the Developer a copy of the occupancy permit for the dwelling built on the Land, then the Developer must authorise the Developer s Legal Practitioners to pay the Performance Bond to the Purchaser Payment of Performance Bond to Developer If the Purchaser: (a) (b) fails to comply with any of the Bond Conditions to the reasonable satisfaction of the Developer and in accordance with any time frames set out in any of the Bond Conditions; or fails to comply with all the Bond Conditions within 30 months from Settlement, then, for so long as the Purchaser remains non-compliant, the Performance Bond may be paid to Developer. In that event, the Developer may notify the Developer s Legal Practitioners that the Purchaser has failed to comply with the Bond Conditions and request the Developer s Legal Practitioners to pay the Performance Bond to the Developer ("Developer s Request to Pay") After receipt of the Developer s Request to Pay, the Developer s Legal Practitioners must notify the Purchaser that they have received the Developer s Request to Pay. The Developer s Legal Practitioners are deemed irrevocably authorised by the parties to pay the Performance Bond to the Developer unless the Purchaser provides to the Developer s Legal Practitioner a copy of the COMPLIANCE BOND RETURN FORM appearing on page 16 of the Home Design Guidelines duly signed by the Developer and authorising payment of the Performance Bond to the Purchaser, within 14 days from the date of the notification from the Developer s Legal Practitioners Once paid to the Developer, the Performance Bond must be used by the Developer to fund landscaping or other works within Harpley for the benefit of the broader community of Harpley No claim _v1 kmm llcd3 The Purchaser must not make any Claim against either the Vendor or the Developer in relation to any matter arising out of or in connection with any part of this Special Condition NO SALE BY PURCHASER 28.1 The Purchaser acknowledges that the Property has been sold to the Purchaser for the sole purpose of the Purchaser building a dwelling house on the Property. The Purchaser must not, without the written consent of the Developer, sell, agree to sell, advertise for sale, offer or transfer the Property until a dwelling house has been erected on the Property. If consent by the Developer is given, the Purchaser must comply with all conditions set by the Developer in relation to the sale or transfer.

41 The Purchaser acknowledges that the Developer s standard conditions of consent require the Purchaser s contract of sale to include special conditions in the same form as special conditions 25.2, 25.3, 26 and OPTION 29.1 To ensure the Purchaser's compliance with Special Conditions 25, 26 and 28 the Purchaser hereby grants the Developer an irrevocable option ( Option ) to purchase the Property from the Purchaser upon the following terms: the Option may be exercised by the Developer or the Developer s nominee only if the Purchaser is in breach of any of Special Conditions 25 ; 26 or 28; the Option may be exercised by the Developer or the Developer s nominee at any time after the date the Developer becomes aware of the Purchaser's breach of Special Conditions 25, 26, or 28; the Option must be exercised by the Developer or the Developer s nominee by notice in writing; if the Developer or its nominee exercises the Option, the sale price shall be an amount equal to 90% of: (a) (b) (c) (d) the Price; plus the value of any improvements which have been erected on the Land by the Purchaser as at the date of exercise of the Option, which value shall be assessed by a quantity surveyor appointed for the purpose by the Developer before the settlement of the contract of sale pursuant to the exercise of the Option; less the cost of demolishing or removing any improvements deemed by the Vendor (acting reasonably) to be unsatisfactory or in breach of any legislation, the Home Design Guidelines or the Covenants; less the cost of restoring the Land after such demolition or removal; if the Option is exercised, the Property shall be deemed to have been purchased on the date of the Option being exercised upon the terms of this Contract ("Option Contract"): (a) (b) (c) save for Special Conditions 3.2 to 3.14, 4 to 11, 15 to 17, 19 to 38 and General Conditions 19 and 20; with settlement to take place and the purchase price to be paid in full within 60 days from the date of the Contract; excluding the Vendor under this Contract as a party to the Option Contract; and with all references to Developer being removed and replaced with Vendor, the intent being that all obligations which are placed on the Developer under this Contract are obligations which are to be performed by the vendor under the Option Contract; _v1 kmm llcd3

42 if the Option is exercised, the Developer shall be deemed to have been appointed the Purchaser's attorney to liaise with the Purchaser s mortgagee (if any) and to sign any authorities required by the Purchaser s mortgagee in relation to the discharge of the mortgage, sign all statutory declarations, transfers of land, statements for goods transferred with residential property and any other documents necessary to effect the registration of the transfer to the Vendor; and if the Option is exercised, then notwithstanding anything to the contrary in law or anything contained in this Contract, the Purchaser shall pay all costs associated with the sale (save for the Developer s Legal Practitioner s costs) including stamp duty and registration fees on the transfer The Purchaser acknowledges the right of the Developer to lodge a caveat in respect of the Property to protect the Developer s rights pursuant to this Special Condition NO MERGER The provisions of this Contract capable of having effect after the Settlement Date do not merge on transfer of the Property and continue to have full effect. 31 UNREGISTERED PLAN If the Property sold is a lot on an unregistered plan of subdivision, the following conditions shall also apply: 31.1 Registration of Plan Settlement is conditional upon the Plan being registered by the Registrar of Titles pursuant to the provisions of the Subdivision Act 1988 within 24 months from the date of this Contract The Developer will use its reasonable endeavours to cause the Plan to be registered. However, the Purchaser must at the Purchaser's expense provide all necessary consents of the Purchaser to enable registration of the Plan The Developer reserves the right to make such alterations to the Plan as may be required to enable certification and registration of the Plan. The Purchaser must not make any objection or requisition or claim any compensation in respect of any excess or deficiency whether in area, boundaries, measurements, occupation or otherwise on the basis that the Plan as registered by the Registrar of Titles does not agree in measurement or otherwise with the copy of the Plan attached to the Vendor s Statement or the land as inspected by the Purchaser If the Plan is not registered by the Registrar of Titles within 24 months after the day of sale, either party may at any time after the expiration of such period of 24 months but before the Plan is registered avoid this Contract by notice in writing to the other parties. The Deposit must be immediately refunded to the Purchaser if the Contract is ended pursuant to this Special Condition but the Purchaser is not entitled to any make any Claim against the Developer in respect _v1 kmm llcd3

43 41 of any costs fees or other expenses incurred by the Purchaser in relation to or arising out of this Contract Deposit Notwithstanding Special Condition 7: the Deposit and all other money payable by the Purchaser under this Contract must be paid to the Vendor s Legal Practitioners to be held by them on trust for the Purchaser until registration of the Plan; the Vendor s Solicitors are irrevocably directed by the parties to either (at the option of the Vendor s Solicitors): (a) (b) lodge the Deposit (including any rollovers of the Deposit) with an authorised deposit-taking institution within the meaning of the Banking Act 1959 (Cth) as an unsecured deposit in the name of the Vendor s Legal Practitioners in a controlled money account authorised by the Legal Profession Uniform Law (Victoria); or lodge the Deposit in the general trust account of the Vendor s Legal Practitioners any interest accruing on the Deposit and other money, if lodged in a controlled money account, shall be paid to the party entitled to receive the Deposit and other money under the provisions of this Contract No caveat Until the Plan has been registered and volume and folio references allocated for the Property, the Purchaser must not lodge, permit or cause to be lodged in the Office of Titles any caveat on behalf of the Purchaser in respect of the Purchaser's interest in the Property. If the Purchaser breaches this Special Condition , the Developer or the Developer s Legal Practitioner is deemed to have been appointed the Purchaser s attorney for the purpose of signing all forms necessary to cause a withdrawal of the caveat lodged by the Purchaser The Purchaser agrees to indemnify and keep indemnified the Vendor and the Developer from and against all loss and damage which the Vendor or the Developer may suffer or incur in consequence of any breach by the Purchaser of this Special Condition Final Plan Section 10(1) of the Sale of Land Act 1962 does not apply in respect of the final location of any easement shown on the Plan and subject to the provisions of that Act the Developer may vary the final location of any easement shown on the Plan Without limiting the generality of any other provision of this Contract, the Purchaser must accept as identical with the land described in the particulars of sale: _v1 kmm llcd3

44 42 (a) (b) the lot bearing the same number on the Plan when registered as the number set out in the particulars of sale; or if the lot shall at any time prior to registration be renumbered, the lot on the Plan as registered which shall occupy the same or approximately the same position on the Plan as the lot described in the Particulars of Sale of this Contract; and the Purchaser must not make any requisition or objection or make any Claim against the Vendor or the Developer in respect of any of the foregoing matters Surface Works 32 LAND TAX AND RATES The Purchaser acknowledges and agrees with the Vendor and the Developer as follows: as at the date of this Contract, the Vendor and the Developer do not or may not have detailed or final information regarding any works or proposed works affecting the natural surface level of the Property or any land abutting the Property ('Surface Works'); the plan marked 'Annexure A' attached to this Contract merely sets out the intended fall of the surface of the Property and any land abutting the Property after any Surface Works have been carried out ('Intended Fall'); if for any reason, the Vendor decides or is required to carry out any Surface Works or change the Intended Fall in any way, the Vendor shall be entitled to provide the Purchaser with a new plan showing the proposed Surface Works or proposed Intended Fall ('New Surface Works Plan'). The Purchaser must not make any claim, objection or requisition, or take any steps to rescind this Contract or delay settlement of this Contract by reason of anything in the New Surface Works Plan; and notwithstanding Special Condition , if the New Surface Works Plan indicate that the proposed altered Surface Works or Intended Fall will materially and adversely affect the Property, the Purchaser may, by notice in writing to the Vendor (which notice must be served within 7 days of the New Surface Works Plan being provided to the Purchaser), end this Contract. In that event, the Deposit and any Interest must be refunded to the Purchaser No monies shall be withheld by the Purchaser from the purchase monies payable under this Contract on account of any rates or state land tax which may be or may after the date of this Contract become charges on the land. The Vendor acknowledges that it may be liable for payment of any rates and state land tax chargeable upon the land to the date upon which the Purchaser becomes entitled to possession. The Developer indemnifies and keeps the Purchaser indemnified in respect of any such rates or state land tax charged upon the Property to that date. This indemnity shall be a continuing indemnity and shall not merge upon a transfer of the Property _v1 kmm llcd3

45 33 COMMUNITY INFRASTRUCTURE LEVY 43 The Purchaser acknowledges and agrees that: a community infrastructure or other levy ("Levy") on the Property will be imposed by Council; as at June 2015, the Levy amounts to approximately $900 and will be payable by the Purchaser on or before a building permit is issued; the Levy may be increased by Council from time to time, including at any time before Settlement; and the Purchaser must not make any Claim against the Developer in respect of any matter set out in this Special Condition. 34 RELEASE OF VENDOR The Purchaser acknowledges, agrees and confirms that notwithstanding anything to the contrary contained in this Contract: the Vendor s obligation under this Contract is limited only to doing all things necessary to enable the Purchaser to become the registered proprietor of the Land, and giving vacant possession of the Land to the Purchaser at Settlement; in relation to the obligations which are imposed on the Developer under this Contract: those obligations are to be performed by the Developer only; and the Vendor is not required to perform the Developer s obligations or to ensure that the Developer performs those obligations; the Developer may enforce any obligation or covenant given by the Purchaser under this Contract; and the Purchaser releases the Vendor from all liability under this Contract in relation the obligations imposed on the Developer under this Contract. 35 ##PURCHASER'S CONTRIBUTION TOWARDS FENCING COSTS The Purchaser acknowledges that the Developer has erected or has contributed towards the cost of erecting one or all of the fences located on the boundaries of the Property. The Purchaser agrees to pay the Developer on the Settlement Date the sum of $ by way of reimbursement for the cost expended by the Developer in respect of the fences. The Developer confirms that upon receipt of the Purchaser's payment under this Special Condition 35, the Purchaser shall have no further obligation to the Developer in respect of the fences already erected or contributed to by the Developer. ##PURCHASER'S CONTRIBUTION TOWARDS FENCING COSTS The Purchaser acknowledges that before the date of this Contract, the Developer has received one or more fencing notices from the owner or owners of land adjoining the Property. The Purchaser agrees to pay the Developer on the Settlement Date the sum of $ by way of reimbursement for the contribution which the Developer will be required to make under the fencing notices. The Developer confirms that upon receipt of the Purchaser's payment under this Special Condition 35, the Purchaser has no further _v1 kmm llcd3

46 44 obligation to the Developer in respect of any fencing notices received by the Developer before the date of this Contract. 36 PERSONAL INFORMATION 36.1 Definition In this Special Condition 36: Privacy Act means the Privacy Act 1988 (Cth) and any ancillary rules, regulations, guidelines, orders, directions, directives, codes of conduct or practice or other instrument made or issued thereunder, including: (a) (b) any consolidation, amendment, re-enactment or replacement of any of them or the Privacy Act; and the National Privacy Principles under the Privacy Act Personal Information has the meaning given to it in the Privacy Act Use of Personal Information _v1 kmm llcd3 The Purchaser consents to the collection, use and disclosure of the Personal Information of the Purchaser by the Vendor, the Developer or a Related Body Corporate of the Developer: for entering into, administering and completing this Contract and any development by the Vendor, the Developer or a Related Body Corporate of the Developer referred to therein; for planning and product development by the Developer or a Related Body Corporate of the Developer; to comply with the Vendor s or the Developer s obligations or to enforce its rights under this Contract; to owners of adjoining land to enable them to deal with the Purchaser concerning any development or other work which they wish to undertake on their land (including disclosure of personal information to contractors to assist adjoining land owners to comply with their obligations and to enforce their rights in relation to fencing); to surveyors, engineers and other parties including providers of services who are engaged by the Developer or a Related Body Corporate of the Developer (or with whom the Developer or a Related Body Corporate of the Developer is negotiating) to carry out works which may affect the Property; to service providers engaged by the Developer or a Related Body Corporate of the Developer, such as legal advisers, financial advisers, market research organisations, mail houses and delivery companies; to any third party who has a right or entitlement to share in the monies paid or payable to the Vendor or the Developer under this Contract; and

47 in other circumstances where the Developer or a Related Body Corporate of the Developer is legally entitled, obliged or required to do so, including any disclosure which is permitted or authorised under the Privacy Act. 37 TRUST If the Purchaser is buying the Property as trustee under a trust ( Trust ) then the Purchaser: must not do anything to prejudice any right of indemnity the Purchaser may have under the Trust; warrants that the Purchaser has power under the Trust to enter into this Contract; is personally liable under the Contract; warrants that the Purchaser has a right of indemnity under the Trust; and must not allow the variation of the Trust or the advance or distribution of capital of the Trust or resettlement of any property belonging to the Trust without the consent of the Vendor. 38 ADDITIONAL LAND TAX LIABILITY 38.1 Failure to settle The Purchaser acknowledges and agrees that: if the Purchaser is in breach of this Contract by not completing this Contract on the date set out in this Contract; and if as a result of the Purchaser s breach, completion of this Contract takes place on a date that is after 31 December in the year that completion of this Contract is due to take place ( Settlement Year ); then the Purchaser s breach will result in an increase in the amount of the Vendor s land tax assessment for the year following the Settlement Year as a result of the Property continuing to be included in the Vendor s total landholdings in Victoria; and the additional tax which the Vendor will incur in accordance with this Special Condition 38 ( Extra Land Tax ) is a reasonably foreseeable loss incurred by the Vendor as a result of the Purchaser s breach in respect of which the Vendor is entitled to compensation from the Purchaser Payment of Extra Land Tax _v1 kmm llcd If Special Condition 38.1 applies, then, on the Settlement Date, the Purchaser must in addition to the balance of the Price payable to the Vendor under this Contract pay to the Vendor on account of the Extra Land Tax an amount equal to 5% of the Price of the Property ( Amount Paid ) The parties agree that if the Extra Land Tax as assessed by the Commissioner of State Revenue is:

48 46 (a) less than the Amount Paid, the Vendor must refund the difference to the Purchaser; or (b) more than the Amount Paid, the Purchaser must pay the difference to the Vendor within 7 days of being served with a written demand for such payment. 39 INSPECTION 40 TIME The Purchaser or the Purchaser's authorised representative may inspect the Property at any reasonable time during the 7 days preceding the Due Date for Settlement Date, by giving the Vendor at least 24 hours prior written notice. Time is extended to the next Business Day, if the time for performing any action falls on a day other than a Business Day. 41 SERVICE Any document sent by post is taken to have been served on the next Business Day after posting, unless proved otherwise. Any demand, notice, or document required to be served by or on any party may be served by or on the legal practitioner or conveyancer for that party. It is sufficiently served if served on the party or on the legal practitioner or conveyancer: personally; or by prepaid post; or in any manner authorised by law or the Supreme Court for service of documents, including any manner authorised for service on or by a legal practitioner This Special Condition applies to the service of any demand, notice or document by or on any party, whether the expression 'give' or 'serve' or any other expression is used. 42 GENERAL 42.1 Severance An interpretation of this Contract that results in all of the provisions being enforceable is preferable to any other construction. Any provision which is illegal or unenforceable is, where possible, to be omitted to the extent necessary to make this Contract enforceable, unless it would materially change the intended effect of this Contract Entire agreement and no reliance This Contract contains the entire agreement between the parties about the subject matter The Purchaser relied on its own enquiries in entering into this Contract _v1 kmm llcd3

49 The Purchaser did not rely on any warranty or representation of any nature about the subject matter of this Contract unless it is contained in the Contract or the Vendor s Statement Variation This Contract may only be varied in writing, signed by the parties Waiver A right may only be waived in writing, signed by the party giving the waiver Further acts Each party must do anything and must ensure that the party s employees and agents do anything that may be reasonably required to give effect to this Contract Governing law This Contract is governed by the laws of Victoria No merger Any provision of this Contract which binds the Purchaser and are capable of continued operation after Settlement do not merge on or by virtue of Settlement Time of the essence Time is of the essence of this Contract Joint and several liability If a party to this Contract is made up of more than one person, an obligation of those persons is joint and several and a right of those persons is held jointly and severally Counterparts 43 REFERRAL FEE This Contract may be executed in counterparts. The Purchaser acknowledges, agrees and confirms that: the Purchaser was made aware by ("Referrer") that the Land is available for sale by the Vendor; the Developer agrees to pay or give to the Referrer an agreed sum or some other monetary or other benefit ("Referral Fee") if the Purchaser enters into and settles this Contract; notwithstanding the Purchaser having been made aware by the Referrer that the Land is available for sale: the Vendor and the Developer have not given the Referrer any authority to make any representations concerning the Land; _v1 kmm llcd3

50 the Purchaser has not been induced or influenced by the Referrer to enter into this Contract; and the Vendor and the Developer are entitled to rely on all the provisions of this Contract, and in particular, Special Condition 10 titled CONDITION, RISK, IDENTITY AND USE OF PROPERTY. The Purchaser agrees to the payment of the Referral Fee to the Referrer, and must not make any Claim against the Vendor or the Developer in respect of anything arising from or in connection with this Special Condition _v1 kmm llcd3

51 GUARANTEE AND INDEMNITY In this guarantee and indemnity: Contract means the annexed Contract of Sale; Vendor means the Vendor under the Contract; Purchaser means the Purchaser under the Contract; Guarantor means the following person or persons and all of them if more than one: Name of Guarantor Name of Guarantor Address of Guarantor Address of Guarantor In consideration of the Vendor at the Guarantor s request agreeing to sell the Property described in the Contract for the Price and on the terms set out in the Contract, the Guarantor agrees with the Vendor that the Guarantor will on demand by the Vendor immediately pay to the Vendor the whole of the Deposit or balance of the Price or interest or other money then payable, if the Purchaser defaults in: 1 the payment of the Deposit or balance of the Price or interest or other money payable under the Contract; or 2 the observance and performance of any other term of the Contract. As a separate and independent obligation, the Guarantor must indemnify hold harmless and keep indemnified the Vendor against all losses and expenses incurred by the Vendor by reason of any default or repudiation under the Contract by the Purchaser. This guarantee and indemnity binds the legal personal representatives of each Guarantor and is a continuing guarantee and indemnity that will not be released by: 1 any neglect or forbearance of the Vendor in enforcing the payment of any money payable under the Contract; or 2 the performance of any term of the Contract; or 3 time being given to the Purchaser for any such payment or performance; or 4 any variation or modification in the terms of the Contract and without limiting the generality of the foregoing any extension of the date for payment of the purchase money or any change in the interest rate; or 5 the nomination of a substitute or additional Purchaser; or 6 the transfer or assignment by the Vendor of the rights of the Vendor under the Contract to another person or company; or 7 any other thing which under the law relating to sureties would otherwise have the effect of releasing the Guarantor or the legal personal representatives of the Guarantor. If the Guarantor comprises more than one person, this guarantee and indemnity binds all of them jointly and each of them severally, despite the failure of any person to execute or be bound by this guarantee and indemnity. EXECUTED as a deed on _v1 kmm llcd3

52 2 SIGNED SEALED AND DELIVERED by the Guarantor in the presence of: ) ) ) Witness SIGNED SEALED AND DELIVERED by the Guarantor in the presence of: ) ) ) Witness _v1 kmm llcd3

53 ANNEXURE A SURFACE WORKS PLAN _v1 kmm llcd3

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55 VENDOR'S STATEMENT Lot #### on proposed plan of subdivision PS742681H, Harpley, off Black Forest Road, Werribee, Victoria 3030 Carinya Park - Stage _v1 kmm llcd3

56 _v1 kmm llcd3

57 2 VENDOR S STATEMENT TO A PURCHASER PURSUANT TO SECTION 32 OF THE SALE OF LAND ACT 1962 VENDOR: Elizabeth Amelia Richmond of Rockleigh, Little River, Victoria 3211 PROPERTY: Lot #### on proposed plan of subdivision PS742681H, Harpley, off Black Forest Road, Werribee, Victoria 3030 PROJECT STAGE: Carinya Park - Stage 15 1 TITLE Attached to this statement are copies of: 1.1 register search statement as to certificate of title volume folio 641 and volume folio 303 (being the parent title to the property); 1.2 plan of subdivision PS705764N and PS727725A; and 1.3 proposed plan of subdivision PS742681H ('Plan'). 2 RESTRICTIONS 2.1 To the vendor s knowledge, there are no registered or unregistered easements, covenants, or other similar restrictions affecting the property, apart from: all easements and rights created or implied by section 98 of the Transfer of Land Act 1958 and section 24 of the Subdivision Act 1988 and any other encumbrances shown or entered on the Plan; notice AH336996N pursuant to section 201UB of the Planning and Environment Act 1987; the covenants to be created pursuant to special condition 25.1 of the proposed contract of sale, a copy of which is annexed to this statement; the agreement registered in dealing number AL231730E, and any other proposed agreements pursuant to section 173 of the Planning and Environment Act 1987 (Vic); and memorandum of common provisions created or to be created pursuant to special condition 25.4 of the proposed contract of sale, a copy of which is annexed to this statement; any other easements, covenants or similar restrictions affecting the property as shown in the annexures to this statement. 2.2 The vendor is not aware of any existing failure to comply with the terms of any easement, covenant or restriction referred to above. 3 PLANNING The information known to the vendor concerning planning instruments affecting the property is as follows: _v1 kmm llcd3

58 3.1 name of planning instrument: Wyndham Planning Scheme; 3.2 name of responsible authority: Wyndham City Council; and _v1 kmm llcd zoning of the property and the name of any planning overlay affecting the land is as set out in the attached certificate. 4 BUILDING PERMITS AND OTHER MATTERS 4.1 There is no residence on the property. 4.2 The property is in a bushfire-prone area within the meaning of regulations made under the Building Act See attached Bushfire Prone Areas Report. 5 SERVICES The following services are not connected to the property: Electricity supply Gas supply Water supply Sewerage Telephone 6 OUTGOINGS 6.1 Information concerning any rates, taxes, charges or other similar outgoings affecting the property and any unpaid interest is contained in the attached certificates. In relation to state land tax, the assessment including the property will be paid in full by the vendor for the current year. Land tax will not be payable by the purchaser in respect of the property on a single holding basis. The purchaser will be liable for council and water rates and any land tax attributable to the purchaser s landholdings from the date of settlement or from the date of possession. 6.2 A community infrastructure or other levy on the property will be imposed by Wyndham City Council before or at the time of a building permit being issued. The levy is liable to be increased from time to time, but as at June 2015, the levy amounts to approximately $ There are no statutory charges affecting the property, except any in respect of unpaid rates or otherwise as disclosed in the attachments to this statement. 7 GROWTH AREAS INFRASTRUCTURE CONTRIBUTION A growth areas infrastructure contribution certificate relating to the parent title to the land issued under Part 9B of the Planning and Environment Act 1987 is attached. 8 NOTICES To the vendor s knowledge no notices have been made in respect of the land other than as may be disclosed in the attachments to this statement or as follows: 8.1 particulars of any notice, order, declaration, report or recommendation of a public authority or government department or approved proposal directly and currently

59 4 affecting the land, being a notice, order, declaration, report, recommendation or approved proposal of which the vendor might reasonably be expected to have knowledge none; 8.2 any notices, property management plans, reports or orders in respect of the land issued by a government department or public authority in relation to livestock disease or contamination by agricultural chemicals affecting the ongoing use of the land for agricultural purposes none; and 8.3 particulars of any notice of intention to acquire served under section 6 of the Land Acquisition and Compensation Act 1986 none. 9 INSURANCE The vendor has no insurance in respect of the property. 10 DUE DILIGENCE CHECKLIST A copy of the due diligence checklist as defined in sections 33A and 33B(2) of the Sale of Land Act 1962 is attached to this statement. DATE OF THIS STATEMENT: the day of 2015 Signature(s) of vendor(s) For and on behalf of the Vendor, by her duly appointed attorney pursuant to a power of attorney dated 29 August 2014 The purchaser acknowledges being given a copy of this statement signed by the vendor before the purchaser signed any contract. DATE OF THIS ACKNOWLEDGMENT: the day of 2015 Signature(s) of purchaser(s) _v1 kmm llcd3

60 Register Search Statement - Volume Folio 641 Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information. REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act VOLUME FOLIO 641 Security no : T Produced 27/11/ :15 pm LAND DESCRIPTION Lot 1 on Plan of Subdivision N. PARENT TITLES : Volume Folio 921 to Volume Folio 922 Created by instrument PS705764N 18/02/2013 REGISTERED PROPRIETOR Estate Fee Simple Sole Proprietor ELIZABETH AMELIA RICHMOND of "ROCKLEIGH" LITTLE RIVER VICTORIA, 3211 PS705764N 18/02/2013 ENCUMBRANCES, CAVEATS AND NOTICES MORTGAGE AH970502E 25/05/2011 LEND LEASE COMMUNITIES (AUSTRALIA) LTD Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below. NOTICE Section 201UB Planning and Environment Act 1987 AH336996N 01/07/2010 AGREEMENT Section 173 Planning and Environment Act 1987 AL231730E 16/07/2014 DIAGRAM LOCATION SEE PS705764N FOR FURTHER DETAILS AND BOUNDARIES ACTIVITY IN THE LAST 125 DAYS NIL END OF REGISTER SEARCH STATEMENT Additional information: (not part of the Register Search Statement) Street Address: 270 BULBAN ROAD WERRIBEE VIC 3030 DOCUMENT END Delivered from the Landata System by SAI Global Property Division Pty Ltd

61 Delivered at 27/11/2015, for Order Number Your reference:

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66 Register Search Statement - Volume Folio 303 Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information. REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act VOLUME FOLIO 303 Security no : Y Produced 09/11/ :02 am LAND DESCRIPTION Lot K on Plan of Subdivision A. PARENT TITLE Volume Folio 500 Created by instrument PS727725A 06/11/2015 REGISTERED PROPRIETOR Estate Fee Simple Sole Proprietor ELIZABETH AMELIA RICHMOND of "ROCKLEIGH" LITTLE RIVER VICTORIA, 3211 PS727725A 06/11/2015 ENCUMBRANCES, CAVEATS AND NOTICES MORTGAGE AH970502E 25/05/2011 LEND LEASE COMMUNITIES (AUSTRALIA) LTD Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below. NOTICE Section 201UB Planning and Environment Act 1987 AH336996N 01/07/2010 AGREEMENT Section 173 Planning and Environment Act 1987 AL231730E 16/07/2014 DIAGRAM LOCATION SEE PS727725A FOR FURTHER DETAILS AND BOUNDARIES ACTIVITY IN THE LAST 125 DAYS NUMBER STATUS DATE PS727725A (S) PLAN OF SUBDIVISION Registered 06/11/2015 AM266665H REMOVAL OF ENCUMBRANCE Registered 06/11/2015 DOCUMENT END Delivered from the Landata System by SAI Global Property Division Pty Ltd Delivered at 09/11/2015, for Order Number Your reference: #CAR6.

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109 Signed by Council: Wyndham City Council, PP Ref: WYP5826/12, Cert Ref: WYS3096/14, Original Certification: 13/10/2015, S.O.C.: 13/11/2015 Signed by: Patrick Rice (SMEC) Surveyor's Plan Version (G) SPEAR Ref: S061630E 25/09/2015

110 Signed by Council: Wyndham City Council, PP Ref: WYP5826/12, Cert Ref: WYS3096/14, Original Certification: 13/10/2015, S.O.C.: 13/11/2015 Signed by: Patrick Rice (SMEC) Surveyor's Plan Version (G) SPEAR Ref: S061630E 25/09/2015

111 Signed by Council: Wyndham City Council, PP Ref: WYP5826/12, Cert Ref: WYS3096/14, Original Certification: 13/10/2015, S.O.C.: 13/11/2015 Signed by: Patrick Rice (SMEC) Surveyor's Plan Version (G) SPEAR Ref: S061630E 25/09/2015

112 Signed by Council: Wyndham City Council, PP Ref: WYP5826/12, Cert Ref: WYS3096/14, Original Certification: 13/10/2015, S.O.C.: 13/11/2015 Signed by: Patrick Rice (SMEC) Surveyor's Plan Version (G) SPEAR Ref: S061630E 25/09/2015

113 Signed by Council: Wyndham City Council, PP Ref: WYP5826/12, Cert Ref: WYS3096/14, Original Certification: 13/10/2015, S.O.C.: 13/11/2015 Signed by: Patrick Rice (SMEC) Surveyor's Plan Version (G) SPEAR Ref: S061630E 25/09/2015

114 Signed by Council: Wyndham City Council, PP Ref: WYP5826/12, Cert Ref: WYS3096/14, Original Certification: 13/10/2015, S.O.C.: 13/11/2015 Signed by: Patrick Rice (SMEC) Surveyor's Plan Version (G) SPEAR Ref: S061630E 25/09/2015

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144 Memorandum of Common Provisions Section 91A Transfer of Land Act 1958 Lodged by: Name: Russell Kennedy Solicitors Phone: Address: PO Box 5146AA, Melbourne VIC 3001 Ref: Harpley- Planning Permit # WYP5826 (Stage 15) Customer Code: 1513M Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes. This memorandum containing 14 pages contains provisions which are intended for inclusion in instruments and plans to be subsequently lodged for registration. General A B C D This MCP has been prepared by Lend Lease in order to regulate the siting, form and design of its residential development in accordance with the Endorsed Building Envelope Plan, so as to create a high level of amenity for occupiers of Lots within the Plan of Subdivision. The provisions of this MCP are incorporated into one or more restrictions created by the Plan of Subdivision. This MCP, which includes the Endorsed Building Envelope Plan, provides siting details for a particular Lot. This MCP imposes restrictions on the design and siting of Buildings which in some cases may be different to those of the Building Regulations. E Where the siting restrictions in this MCP are contrary to Regulations 409, 414, 415, 416, 417, 420 and 421, no consent and report of the relevant council is required, as this MCP has been prepared with regard to Regulation 406 of the Building Regulations. For the purposes of Regulation 406, the restriction created by the Plan of Subdivision constitutes an approved building envelope. F G H In relation to a Small Lot, provided the Buildings on that lot comply with the Small Lot Housing Code, no consent and report of the relevant council is required, as this MCP has been prepared with regard to Regulation 406 of the Building Regulations. For the purposes of Regulation 406, the restriction created by the Plan of Subdivision constitutes an approved building envelope. The restriction created by the Plan of Subdivision does not exempt a lot which has an Edge Boundary from the need for report and consent in relation to Regulations 414, 415, 416 and 417, to the extent that they relate to that Edge Boundary. Some of the matters addressed in this MCP may not be covered by the Building Regulations A MCP Page 1 of The provisions are to be numbered consecutively from number Further pages may be added but each page should be consecutively numbered. 3. To be used for the inclusion of provisions in instruments and plans. THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone KXB v2 KXB

145 Annexure Page Transfer of Land Act 1958 This is page 2 of the Memorandum of Common Provisions Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes. 1 DEFINITIONS A A1 1. If there is insufficient space to accommodate the required information in a panel of the attached form insert the words "See Annexure Page 2" (or as the case may be) and enter all the information on the Annexure Page under the appropriate panel heading. 2. The approved Annexure Pages must be properly identified and signed by the parties to the attached form to which it is annexed. 3. All pages must be attached together by being stapled in the top left corner. THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone KXB v2 KXB In this MCP: 1.1 "Building" has the same meaning as that in the Building Act. 1.2 "Build to Boundary" means a requirement indicated on the Endorsed Building Envelope Plan whereby a Building may be built abutting the side boundary which has a build to boundary line marked on the Endorsed Building Envelope Plan. 1.3 "Building Act" means the Building Act 1993 as amended from time to time. 1.4 "Building Permit" means a building permit in terms of the Building Act. 1.5 "Building Regulations" means the Building Regulations 2006 as may be amended from time to time. 1.6 "Clear to the Sky" has the same meaning as that in the Building Regulations. 1.7 "Control" includes a restriction in terms of the Subdivision Act 1988, an agreement under section 173 of the Planning Act, a Planning Permit, an Act or an order of a Court or tribunal, which relates to the siting of a Building. 1.8 "Edge Boundary" means the boundary or part of a boundary of a Lot that abuts a lot which is not shown on the Plan of Subdivision. 1.9 "Endorsed Building Envelope Plan" means the plan that is endorsed by the Wyndham City Council and is attached as Annexure B to this MCP, which forms part of this MCP, and which specifies the Setbacks that apply to each specific Lot to which this MCP applies (being Lots 1501 to 1548 inclusive). This may also specify other siting related matters for a particular Lot "Finished Surface Level" means the finished surface level of the ground at the time of registration of the Plan of Subdivision "Front Street" means the street or road which forms the frontage to the Lot concerned. Where there is more than one road which adjoins a Lot, or where it may otherwise be unclear, the Front Street will be the one with the greatest Setback dimension from the Lot boundary as shown on the Endorsed Building Envelope Plan or will be as agreed in writing by Lend Lease "Habitable Room" has the same meaning as that in clause 72 of the Planning Scheme.

146 Annexure Page Transfer of Land Act 1958 This is page 3 of the Memorandum of Common Provisions Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes "Height" has the same meaning as that in the Building Regulations "Lend Lease" means Lend Lease Communities (Australia) Ltd ACN "Lot" means a lot on the Plan of Subdivision and includes a Small Lot "MCP" means this memorandum of common provisions and includes all diagrams, plans and annexures attached to this memorandum of common provisions "Plan of Subdivision" means plan of subdivision PS742681H and which incorporates this MCP "Planning Act" means the Planning and Environment Act 1987 as may be amended from time to time "Planning Permit" means a permit issued under the Planning Act "Planning Scheme" means the Wyndham Planning Scheme as applicable from time to time "Private Open Space" has the same meaning as that in the Building Regulations "Regulation" means a regulation of the Building Regulations "ResCode" means the residential development provisions and tools incorporated into Part 4 of the Building Regulations, clauses 54, 55 and 56 of the Planning Scheme, and any relevant ministerial guidelines "Responsible Authority" means the Wyndham City Council, as the responsible authority under the Planning Act "Setback" has the same meaning as that in the Building Regulations "Side Street" means a laneway, street or road which abuts a Lot other than a Front Street "Site Coverage" has the same meaning as that in the Building Regulations "Small Lot" means a Lot which has a land area of under 300 square metres, and which may be identified on the Endorsed Building Envelope Plan as a Lot which is either a "Type A" or a "Type B" for the purposes of the Small Lot Housing Code A A1 1. If there is insufficient space to accommodate the required information in a panel of the attached form insert the words "See Annexure Page 2" (or as the case may be) and enter all the information on the Annexure Page under the appropriate panel heading. 2. The approved Annexure Pages must be properly identified and signed by the parties to the attached form to which it is annexed. 3. All pages must be attached together by being stapled in the top left corner. THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone KXB v2 KXB

147 Annexure Page Transfer of Land Act 1958 This is page 4 of the Memorandum of Common Provisions Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes "Small Lot Housing Code" means the planning initiative of that name designed to apply to Lots under 300 square metres and which are located within an urban growth zone (as defined in the Planning Scheme) where a precinct structure plan has been incorporated into the Planning Scheme. 2 APPLICATION OF THIS MCP Clause 3 of this MCP does not apply to: 2.1 a Small Lot if the requirements of the Small Lot Housing Code are met; and 2.2 any Lot that requires a Planning Permit for the construction of a Building or Buildings on that Lot. 3 EXEMPTION FROM REPORT AND CONSENT OF COUNCIL 3.1 General In respect of a Building that does not require a Planning Permit, the restriction described under "CREATION OF RESTRICTION A" in the Plan of Subdivision exempts a proposed dwelling design which complies with this MCP from requiring the consent and report of the relevant council with regard to a design which does not comply with the Building Regulations in respect of the following: minimum street setbacks (Regulation 409); side and rear setbacks (Regulation 414); walls on boundaries (Regulation 415); daylight to existing habitable room windows (Regulation 416); solar access to existing north-facing windows (Regulation 417); daylight to habitable room windows (Regulation 420); and private open space (Regulation 421) A A1 1. If there is insufficient space to accommodate the required information in a panel of the attached form insert the words "See Annexure Page 2" (or as the case may be) and enter all the information on the Annexure Page under the appropriate panel heading. 2. The approved Annexure Pages must be properly identified and signed by the parties to the attached form to which it is annexed. 3. All pages must be attached together by being stapled in the top left corner. THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone KXB v2 KXB

148 Annexure Page Transfer of Land Act 1958 This is page 5 of the Memorandum of Common Provisions Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes. 3.2 Minimum Street Setbacks (Regulation 409) Unless otherwise indicated on the Endorsed Building Envelope Plan, no Building shall be sited on a Lot so that it has a Setback from the Front Street of less than 4 metres The following may encroach into the Setback distance as required above or as indicated on the Endorsed Building Envelope Plan by not more than 1.5 metres for Front Streets, or 1.0 metre for Side Streets: (a) verandahs, balconies, pergolas, porticos and porches that have a maximum average Height of less than 7.5 metres above the Finished Surface Level; and (b) (c) eaves, fascia and gutters, window hoods/canopies, sun blinds, shade sails and bay windows; and a screening device which prevents direct overlooking On Lots with a secondary frontage abutting a reserve or on Lots with more than one street frontage, the Building must have a Setback of at least 2 metres from any street frontage other than the Front Street. However, the Building may encroach by no more than 300 mm into the Setback on a Side Street or a reserve for a maximum length of 10% of the Building wall facing that street or reserve Garages on all Lots must have a Setback of at least 5.0 metres from the Front Street. 3.3 Side and Rear Setbacks (Regulation 414) Unless clause of this MCP applies, a Building must not have a ground floor Setback from a side boundary or a rear boundary of less than 1.0 metre unless shown otherwise on the Endorsed Building Envelope Plan. Any upper floors must comply with side and rear Setbacks as set out in the Building Regulations or the ResCode, unless otherwise provided for in this MCP A Building must not have a Setback of less than 1.0 metre from a side boundary or a rear boundary unless that boundary is indicated with a Build to Boundary line in the Endorsed Building Envelope Plan, in which case for that boundary, the Building must be built with a Setback of either: A A1 1. If there is insufficient space to accommodate the required information in a panel of the attached form insert the words "See Annexure Page 2" (or as the case may be) and enter all the information on the Annexure Page under the appropriate panel heading. 2. The approved Annexure Pages must be properly identified and signed by the parties to the attached form to which it is annexed. 3. All pages must be attached together by being stapled in the top left corner. THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone KXB v2 KXB

149 Annexure Page Transfer of Land Act 1958 This is page 6 of the Memorandum of Common Provisions Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes. (a) (b) between 0 metre and 0.2 metre; or more than 1 metre The following may encroach into the side and rear Setback distances as indicated on the Endorsed Building Envelope Plan by not more than 600mm: (a) (b) (c) porches and verandahs; masonry chimneys; sunblinds; (d) screens, but only to the extent needed to protect a neighbouring property from a direct view; (e) (f) (g) flues and pipes; domestic fuel tanks and water tanks; and heating and cooling equipment and other services The following may encroach into the side and rear Setback distances as indicated on the Endorsed Building Envelope Plan: (a) (b) (c) (d) (e) (f) (g) landings with an area of not more than 2 square metres and less than 1 metre in Height above Finished Surface Level; unroofed stairways and ramps; pergolas; shade sails; eaves, fascia, gutters not more than 600mm in total width; carports, walls and Buildings within the Build to Boundary zone; and outbuildings not more than 12 square metres in area and 2.1 metre wall Height and 3 metre overall Height A A1 1. If there is insufficient space to accommodate the required information in a panel of the attached form insert the words "See Annexure Page 2" (or as the case may be) and enter all the information on the Annexure Page under the appropriate panel heading. 2. The approved Annexure Pages must be properly identified and signed by the parties to the attached form to which it is annexed. 3. All pages must be attached together by being stapled in the top left corner. THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone KXB v2 KXB

150 Annexure Page Transfer of Land Act 1958 This is page 7 of the Memorandum of Common Provisions Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes If clauses 3.3.1, 3.3.2, or of this MCP are not relied upon in terms of Regulation 406, a Building must comply with Regulation Walls on Boundaries (Regulation 415) The Height of a wall on or within 200mm of a side or rear boundary of Lot, or the Height of a carport constructed on or within 1 metre of a side or rear boundary of a Lot and which is open on the side facing the boundary or boundaries, must not exceed a Height of 3.6 metres above the Finished Surface Level and cannot extend for a length exceeding 12 metres. The remaining length of the wall or the carport beyond 12 metres must not exceed a Height of 3.2 metres above the Finished Surface Level Subject to clause 3.4.1, the length of: (a) (b) a wall on or within 200mm of a side or rear boundary of a Lot; or a carport constructed on or within 1 metre of a side or rear boundary of a Lot and which is open on the side facing the boundary or boundaries of the Lot; must not exceed the greater of the following lengths: (c) (d) 50% of the length of the boundary; and 15 metres per boundary. 3.5 Daylight to existing Habitable Room windows (Regulation 416) A Building must be set back from a Habitable Room window in an existing dwelling on an adjoining Lot to provide for a light court to the window that has a minimum area of 3 square metres and a minimum dimension of 0.85 metres Clear to the Sky. The 0.85 metres Clear to the Sky distance can be achieved by including land on the adjoining Lot and is to be measured from gutter to gutter. 3.6 Solar access to existing north-facing windows (Regulation 417) A Building on a Lot must be set back from a north-facing Habitable Room window in an existing dwelling on an adjoining lot, in the manner described in the diagram set out in Annexure A to this MCP A A1 1. If there is insufficient space to accommodate the required information in a panel of the attached form insert the words "See Annexure Page 2" (or as the case may be) and enter all the information on the Annexure Page under the appropriate panel heading. 2. The approved Annexure Pages must be properly identified and signed by the parties to the attached form to which it is annexed. 3. All pages must be attached together by being stapled in the top left corner. THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone KXB v2 KXB

151 Annexure Page Transfer of Land Act 1958 This is page 8 of the Memorandum of Common Provisions Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes The following may encroach onto the Setback distances as indicated on the diagram set out in Annexure A by not more than 500mm and to a Height not exceeding 2.5m: (a) (b) (c) flues and pipes; domestic fuel tanks and water tanks; heating and cooling equipment and other services. 3.7 Daylight to Habitable Room Windows (Regulation 420) A Habitable Room window of a Building on a Lot must face: an outdoor space or light court with a minimum area of 3 square metres and a minimum dimension of 0.85 metres Clear to the Sky. For Lots over 300 square metres only, the 0.85 metres Clear to the Sky distance can be achieved by including land on the adjoining Lot and may be measured from gutter to gutter of an adjoining Building; a verandah on the Lot if it is open for at least one third of its perimeter; or a carport on the Lot if it has two or more sides open and it is open for at least one third of its perimeter. 3.8 Private Open Space (Regulation 421) 4 SITING OF A BUILDING A Building on a Lot must have Private Open Space: that is at least 25 square metres in area with a minimum dimension of 3 metres; and has convenient access from a Habitable Room other than a bedroom. A Building (other than a boundary fence) on any Lot in the Plan of Subdivision with a Height above the Finished Surface Level of greater than 1.8 metres and for which the construction requires a Building Permit, must be sited within and in accordance with the Endorsed Building Envelope Plan. The siting of a Building within the Endorsed Building Envelope Plan may be subject to any further restriction or modification imposed by this MCP or any other applicable Control A A1 1. If there is insufficient space to accommodate the required information in a panel of the attached form insert the words "See Annexure Page 2" (or as the case may be) and enter all the information on the Annexure Page under the appropriate panel heading. 2. The approved Annexure Pages must be properly identified and signed by the parties to the attached form to which it is annexed. 3. All pages must be attached together by being stapled in the top left corner. THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone KXB v2 KXB

152 Annexure Page Transfer of Land Act 1958 This is page 9 of the Memorandum of Common Provisions Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes. 5 SMALL LOTS Unless the siting of all Buildings on a Small Lot are subject to a Planning Permit, any Building on a Small Lot must be sited in accordance with the Small Lot Housing Code. 6 VARIATION TO SITING 6.1 Notwithstanding anything to the contrary contained in this MCP, Lend Lease may in its absolute discretion authorise in writing the siting of a Building on a Lot (which includes a Small Lot) which does not comply with the restriction created by the Plan of Subdivision ("Non-Compliant Siting"), provided that the Non-Compliant Siting meets one or more of the following as may be applicable: the owner of the Lot also procures the written consent of the Responsible Authority to construct a Building outside of the building envelope shown on the Endorsed Building Envelope Plan; and such siting: (a) (b) complies with the Building Regulations, including being subject to the report and consent of the relevant reporting authority in terms of the Building Regulations; or is subject to the siting requirements of a Planning Permit A A1 1. If there is insufficient space to accommodate the required information in a panel of the attached form insert the words "See Annexure Page 2" (or as the case may be) and enter all the information on the Annexure Page under the appropriate panel heading. 2. The approved Annexure Pages must be properly identified and signed by the parties to the attached form to which it is annexed. 3. All pages must be attached together by being stapled in the top left corner. THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone KXB v2 KXB 6.2 Approval by Lend Lease pursuant to this clause will only be provided in circumstances where Lend Lease in its absolute discretion considers that the siting is desirable, in terms of achieving a better planning outcome than may otherwise be achieved and will not result in any significant detriment to abutting owners or occupiers. 6.3 This clause does not apply to a Lot that is subject to clause 5 of this MCP. 7 APPROVAL OF HOUSE DESIGN 7.1 A two-storey dwelling must be constructed upon any Lot that is identified on the Endorsed Building Envelope Plan as being a Lot upon which a two-storey residence is required, unless Lend Lease, in its absolute discretion, approves in writing otherwise. 7.2 Two dwellings must be constructed upon any Lot that is identified on the Endorsed Building Envelope Plan as being a "Gallery (Medium Density)" Lot or a "Gallery (Single Storey Medium Density)" Lot unless Lend Lease, in its absolute discretion, agrees that such other number of dwellings may be constructed on that Lot.

153 Annexure Page Transfer of Land Act 1958 This is page 10 of the Memorandum of Common Provisions Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes. 7.3 The design and siting of a Building on any Lot on the Plan of Subdivision and the change to any existing Building on any Lot on the Plan of Subdivision (where such change requires a Building Permit) must be in accordance with the design guidelines applicable to the Lots, namely, Harpley Home Design Guidelines, and must be approved in writing by Lend Lease prior to any formal application for a Building Permit. 8 INTERPRETATION In this MCP, unless the contrary intention appears: 8.1 the singular includes the plural and vice versa; 8.2 a reference to an individual or person includes a partnership, body corporate, government authority or agency and vice versa; 8.3 words importing one gender include other genders; 8.4 other grammatical forms of defined words or expressions have corresponding meanings; 8.5 a reference to a statute, code or other law includes regulations and other instruments made under it and includes consolidations, amendments, re-enactments or replacements of any of them; and 8.6 a reference to an authority, institution, association or body ("original entity") that has ceased to exist or been reconstituted, renamed or replaced or whose powers or functions have been transferred to another entity, is a reference to the entity that most closely serves the purposes or objects of the original entity A A1 1. If there is insufficient space to accommodate the required information in a panel of the attached form insert the words "See Annexure Page 2" (or as the case may be) and enter all the information on the Annexure Page under the appropriate panel heading. 2. The approved Annexure Pages must be properly identified and signed by the parties to the attached form to which it is annexed. 3. All pages must be attached together by being stapled in the top left corner. THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone KXB v2 KXB

154 Annexure Page Transfer of Land Act 1958 This is page 11 of the Memorandum of Common Provisions Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes. ANNEXURE A Diagram Regulation A A1 1. If there is insufficient space to accommodate the required information in a panel of the attached form insert the words "See Annexure Page 2" (or as the case may be) and enter all the information on the Annexure Page under the appropriate panel heading. 2. The approved Annexure Pages must be properly identified and signed by the parties to the attached form to which it is annexed. 3. All pages must be attached together by being stapled in the top left corner. THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone KXB v2 KXB

155 Annexure Page Transfer of Land Act 1958 This is page 12 of the Memorandum of Common Provisions Privacy Collection Statement The information from this form is collected by the Registrar of Titles under statutory authority and is used for the purpose of maintaining publicly searchable registers and indexes. ANNEXURE B Endorsed Building Envelope Plan A A1 1. If there is insufficient space to accommodate the required information in a panel of the attached form insert the words "See Annexure Page 2" (or as the case may be) and enter all the information on the Annexure Page under the appropriate panel heading. 2. The approved Annexure Pages must be properly identified and signed by the parties to the attached form to which it is annexed. 3. All pages must be attached together by being stapled in the top left corner. THE BACK OF THIS FORM MUST NOT BE USED Land Victoria, 570 Bourke Street, Melbourne, 3000, Phone KXB v2 KXB

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177 Due diligence checklist What you need to know before buying a residential property Before you buy a home, you should be aware of a range of issues that may affect that property and impose restrictions or obligations on you, if you buy it. This checklist aims to help you identify whether any of these issues will affect you. The questions are a starting point only and you may need to seek professional advice to answer some of them. You can find links to organisations and web pages that can help you learn more, by visiting the Due diligence checklist page on the Consumer Affairs Victoria website (consumer.vic.gov.au/duediligencechecklist). Urban living Moving to the inner city? High density areas are attractive for their entertainment and service areas, but these activities create increased traffic as well as noise and odours from businesses and people. Familiarising yourself with the character of the area will give you a balanced understanding of what to expect. Is the property subject to an owners corporation? If the property is part of a subdivision with common property such as driveways or grounds, it may be subject to an owners corporation. You may be required to pay fees and follow rules that restrict what you can do on your property, such as a ban on pet ownership. Growth areas Are you moving to a growth area? You should investigate whether you will be required to pay a growth areas infrastructure contribution. Flood and fire risk Does this property experience flooding or bushfire? Properties are sometimes subject to the risk of fire and flooding due to their location. You should properly investigate these risks and consider their implications for land management, buildings and insurance premiums. consumer.vic.gov.au/duediligencechecklist Page 1 of 4

178 Rural properties Moving to the country? If you are looking at property in a rural zone, consider: Is the surrounding land use compatible with your lifestyle expectations? Farming can create noise or odour that may be at odds with your expectations of a rural lifestyle. Are you considering removing native vegetation? There are regulations which affect your ability to remove native vegetation on private property. Do you understand your obligations to manage weeds and pest animals? Can you build new dwellings? Does the property adjoin crown land, have a water frontage, contain a disused government road, or are there any crown licences associated with the land? Is there any earth resource activity such as mining in the area? You may wish to find out more about exploration, mining and quarrying activity on or near the property and consider the issue of petroleum, geothermal and greenhouse gas sequestration permits, leases and licences, extractive industry authorisations and mineral licences. Soil and groundwater contamination Has previous land use affected the soil or groundwater? You should consider whether past activities, including the use of adjacent land, may have caused contamination at the site and whether this may prevent you from doing certain things to or on the land in the future. Land boundaries Do you know the exact boundary of the property? You should compare the measurements shown on the title document with actual fences and buildings on the property, to make sure the boundaries match. If you have concerns about this, you can speak to your lawyer or conveyancer, or commission a site survey to establish property boundaries. consumer.vic.gov.au/duediligencechecklist Page 2 of 4

179 Planning controls Can you change how the property is used, or the buildings on it? All land is subject to a planning scheme, run by the local council. How the property is zoned and any overlays that may apply, will determine how the land can be used. This may restrict such things as whether you can build on vacant land or how you can alter or develop the land and its buildings over time. The local council can give you advice about the planning scheme, as well as details of any other restrictions that may apply, such as design guidelines or bushfire safety design. There may also be restrictions known as encumbrances on the property s title, which prevent you from developing the property. You can find out about encumbrances by looking at the section 32 statement. Are there any proposed or granted planning permits? The local council can advise you if there are any proposed or issued planning permits for any properties close by. Significant developments in your area may change the local character (predominant style of the area) and may increase noise or traffic near the property. Safety Is the building safe to live in? Building laws are in place to ensure building safety. Professional building inspections can help you assess the property for electrical safety, possible illegal building work, adequate pool or spa fencing and the presence of asbestos, termites, or other potential hazards. Building permits Have any buildings or retaining walls on the property been altered, or do you plan to alter them? There are laws and regulations about how buildings and retaining walls are constructed, which you may wish to investigate to ensure any completed or proposed building work is approved. The local council may be able to give you information about any building permits issued for recent building works done to the property, and what you must do to plan new work. You can also commission a private building surveyor s assessment. Are any recent building or renovation works covered by insurance? Ask the vendor if there is any owner-builder insurance or builder s warranty to cover defects in the work done to the property. consumer.vic.gov.au/duediligencechecklist Page 3 of 4

180 Utilities and essential services Does the property have working connections for water, sewerage, electricity, gas, telephone and internet? Unconnected services may not be available, or may incur a fee to connect. You may also need to choose from a range of suppliers for these services. This may be particularly important in rural areas where some services are not available. Buyers rights Do you know your rights when buying a property? The contract of sale and section 32 statement contain important information about the property, so you should request to see these and read them thoroughly. Many people engage a lawyer or conveyancer to help them understand the contracts and ensure the sale goes through correctly. If you intend to hire a professional, you should consider speaking to them before you commit to the sale. There are also important rules about the way private sales and auctions are conducted. These may include a cooling-off period and specific rights associated with off the plan sales. The important thing to remember is that, as the buyer, you have rights. consumer.vic.gov.au/duediligencechecklist Page 4 of 4

181 COVENANTS The transferee for himself, his executors, administrators and transferees to the intent that the burden of the covenants below shall run with and bind the land hereby transferred ( burdened land ) covenants with the transferor and the registered proprietors for the time being of every lot (other than the burdened land) in plan of subdivision PS742681H ( plan ) other than lot Y on the plan ( dominant lands ) whether the lots are transferred by the transferor before or after the burdened land, to the intent that the said covenants may be enforceable by the transferor and such persons as part of or for the purpose of effecting a general building scheme affecting all the dominant lands: 1 DWELLING AND CONSTRUCTION WORKS 1.1 not to build more than one dwelling-house on the burdened land without the written consent of the transferor or Lend Lease Communities (Australia) Limited ACN ( Lend Lease ); 1.2 not to build a granny-flat on the burdened land without the written consent of the transferor or Lend Lease; 1.3 not to subdivide the burdened land without the written consent of the transferor or Lend Lease; 1.4 not to build a dwelling-house or any other improvements, or carry out any building or construction works on the burdened land unless copies of building plans, elevations, site plans, set-back plans and schedules of colours and materials have been submitted to the transferor or Lend Lease and the transferor or Lend Lease has given its approval to the plans prior to the commencement of building works; 1.5 not to carry out any siteworks, excavation, filling or construct any fencing or retaining walls on the burdened land without the prior written consent of the transferor or Lend Lease; 1.6 not to delay or permit to be delayed the commencement or completion of any works that have been approved by the transferor or Lend Lease; 1.7 not to vary or allow any variation to any works that have been approved by the transferor or Lend Lease; 1.8 not to construct or permit any construction works on the burdened land without ensuring that all existing trees and vegetation on the land are preserved where possible, including without limitation, not laying any trenching in the root zones or beneath tree canopies; 1.9 not to lay any routes for services so as to disturb any tree located within the burdened land; 1.10 not to remove, destroy or lop any tree on the burdened land without first obtaining written approval from Wyndham City Council. 2 EXTERNAL STRUCTURES not to erect any external sign or hoarding without the prior written consent of the transferor or Lend Lease; and 3 USE OF PROPERTY not to use the burdened land or any part thereof for any purpose other than as a private residence or dwelling, or for such other purpose or use as may be authorised in writing by the transferor or Lend Lease. The covenants in this transfer shall cease to apply to or affect the burdened land ## [insert date which is 5 years from plan registration date] _v1 kmm llcd3

182 DRAFT ONLY August 11, :12 AM Life by the water Home Design Guidelines August 2014

183 CONTENTS Introduction 1 Community Vision 1 Harpley Home Design Guidelines 1 Statutory Requirements 1 Compliance Bond 1 Design Approval Process 2 Design Requirements 2 Building Envelope Plan 2 Facade Design 3 Entry 4 Secondary Frontages 4 Eaves 5 Roof Pitch & Form 5 Building Materials 6 Garages & Driveways 6 Front Landscape 7 Fencing 8 Retaining Walls 9 Ancillary Elements & Structures 9 Smart Ideas For Your Home 10 Glossary 12 Design Approval Checklist 13 Design Approval Form 14 Compliance Bond Checklist 15 Compliance Bond Return Form 16 HARPLEY HOME DESIGN GUIDELINES

184 INTRODUCTION Community Vision Harpley is a unique waterside community designed around a series of central lakes and waterways. Harpley s urban landscape is designed to maximize view lines to waterways with the central waterfront Town Centre providing a key focal point for the community. With more than 100 hectares dedicated to open space, the planned delivery of three schools onsite and a community centre, Harpley offers a variety of destinations and experiences to encourage natural connections within the community. Lend Lease s vision for Harpley is a subtle balance between natural water settings, formal landscaped parklands and modern urban character. Harpley offers a broad range of housing choices with designs reflecting a range of Australian styles. Harpley Home Design Guidelines The Home Design Guidelines set out the minimum requirements for new homes and front yard landscapes at Harpley. They are a condition of your Contract of Sale and apply in addition to any other statutory requirements. All building and landscape designs must be approved by Lend Lease prior to obtaining your Building Permit. Some lots at Harpley have Special Requirements for the home and landscape; these requirements seek specific outcomes for homes in key locations throughout the community. Lots with Special Requirements are defined on Sales Plans and Building Envelope Plans. These lots require both the Home Design Guidelines and the Special Requirements to be met. Additional information is included in your Contract of Sale covering: number of dwellings permitted on your allotment; plan approval and building times; the period the Harpley Home Design Guidelines apply; site maintenance requirements prior to building, and Lend Lease supplied fencing where applicable. If you have any questions regarding the requirements in these guidelines contact Lend Lease on or at harpley.plans@lendlease.com to see how we can help. Lend Lease encourages diverse and innovative design at Harpley. Any application that is not in accordance with the Home Design Guidelines but exhibits positive community and design outcomes may be granted approval. Statutory Requirements A registered Memorandum of Common Provisions (MCP) is applicable to all detached housing lots 300m2 and greater within Harpley. The existence of the MCP will exempt you from requiring report and consent (dispensation) from Wyndham City Council in regard to a design that differs from the Building Regulations in respect to the items described in the MCP. However it is ultimately up to the Architect/Designer/Engineer and the Registered Building Surveyor/Energy Consultant to ensure that the home design complies with all of the statutory requirements related to the construction of the home. The Small Lot Housing Code, prepared by the Metropolitan Planning Authority, will apply at Harpley for all lots under 300m2. This means that there will be no need for town planning permits for homes on small lots as long as the design complies with the code requirements. A Building Permit is still required to be attained from a registered Building Surveyor. Compliance Bond A $1,000 compliance bond is required to be paid at the time of settlement of your block of land to ensure adherence to the Harpley Home Design Guidelines. The compliance bond is placed into a trust fund and once you have completed all works you can apply for this bond to be returned. Any forfeited bond will get reinvested into Harpley through landscape works that will benefit the broader community. If a builder purchases land and enters a house and land contract with a third party, the builder is responsible for the payment of the compliance bond to the developer and for requesting the reimbursement. The builder may not pass this responsibility on to the third party without prior written consent of Lend Lease. After checking that you ve met all the conditions outlined on the compliance bond checklist on page 15, fill in the compliance bond return form on page 16 and return it to Lend Lease to organise your compliance bond inspection. Fibre Optic Connection At Harpley, fibre optic cable is installed into every street to provide access to high speed internet, free to air television and telecommunication services. This service, provided by Opticomm, has specific requirements regarding connections. These are available from the Lend Lease Sales Office. For more information visit or contact HARPLEY HOME DESIGN GUIDELINES 1

185 DESIGN APPROVAL PROCESS You must receive Design Approval for your home and landscape plans from Lend Lease prior to obtaining any relevant building approvals. Assistance is available to help you through each step of the approval process, call Lend Lease on or 1. Design your home: While designing or selecting your home, work through the Harpley Home Design Guidelines with your selected builder or architect. 2. Submit plans for Design Approval: Complete the checklist and Design Approval Form included on pages 13 and 14 of this document and submit it with your plans through the Lend Lease Builder Hub at com. au if you are a builder or at harpley.plans@lendlease.com DESIGN REQUIREMENTS This section outlines the minimum requirements for your home and front yard landscape. Building Envelope Plan Building Envelope Plans are created for each lot in Harpley. Your Building Envelope Plan shows the minimum ground floor setbacks from each allotment boundary. When you lodge your plans for Design Approval, the approving authority must ensure your home complies with the setback requirements of the Building Envelope Plan, so be aware of them as you design or select the home for your block. Contact Lend Lease should you require any further information regarding your Building Envelope Plan. You must obtain your Design Approval no later than 12 months after the settlement of your land. 3. Receive Design Approval: Lend Lease will assess and approve your plans once they meet the standards set out in this document. Assuming all required information is supplied and the design complies with these guidelines and any applicable special requirement, approval should take no more than 2 weeks. D 4. Building Application: Provide a stamped copy of your Lend Lease Design Approval as part of your Building Permit Application to the Building Surveyor. B D 5. Construction: Prior to and during construction your block should be well maintained and free of rubbish. A C Construction of your new home and driveway must commence within 18 months and be completed within 30 months of the settlement date of your land. Front boundary 6. Moving in: Once you have completed your home, driveway and have obtained a Certificate of Occupancy, you can move in. Typical home built to its setback plan showing: Your front garden must be landscaped and well maintained in accordance with the landscape requirements, within 6 months of the issuing of your Certificate of Occupancy. A Setback to garage B Garage built to boundary C Portico projected forward of front wall D Side and rear boundary setback 7. Final Approval & Return of Compliance Bond: Once you have completed all works within the required timeframe, complete the compliance bond checklist and form on pages 15 and 16 and return them to Lend Lease. Your bond will be returned after an inspection, providing all requirements have been satisfied. 2 HARPLEY HOME DESIGN GUIDELINES

186 Facade Design Great streets include well designed homes and high quality front yard landscaping complimenting each other. Single storey homes Single storey homes must include articulation between the alignment of the front wall and the garage on the primary frontage. The minimum acceptable alignment variation is 560mm. It is preferred that the garage is setback behind the front wall, however if your garage is the forward protruding element, the maximum distance of the protrusion is 1 metre, and the roof above your entry must protrude forward of the garage roof. Double storey homes Double storey homes which incorporate a minimum width 1.5 metre covered verandah/ balcony to the first floor for at least 40% of home width do not require the variation between the front wall and the garage. Many other elements impact on the aesthetics of your home. These include: Windows facing the street work best when they compliment the house style and make up at least 20% of the front façade. C Roofed elements such as extended eaves, entries and verandahs forward of the front wall as well as recessed windows and doors, give your home a sense of depth. B A B Typical single storey home facade showing: A Step between front wall and garage 560mm to 1 metre B Covered entry area with roof projecting forward C Eaves to primary street frontage facade, including garage A Typical double storey home showing: A Garage and front wall not required to be articulated B Covered verandah minimum 40% of home width HARPLEY HOME DESIGN GUIDELINES 3

187 Entry Good home design is welcoming to residents and visitors. Some elements to consider include: Ensure your entry is visible to the street and includes a roofed area such as a porch, verandah or portico Highlight the entry by ensuring that the roof over the entry extends forward of the roof of the home. Secondary Frontages Homes on street corners or adjacent to public open space must address both the front and side streets and any frontage visible from public open space. Homes on corners or adjacent to public open space must provide articulation to the roof and walls along the secondary frontage or extend the detailing of the primary street façade to the front 4m of the secondary frontage. Elements to address the above requirement include windows and secondary materials that compliment the front facade. B A C B C Typical approach to entry with: A A Planting beside driveway B Covered entry pushed forward C Pedestrian path separate from driveway for safety Home on corner lot showing: B A Primary frontage treatments continued 4 metres around corner B Articulation of roof and walls to secondary frontage C Side fencing setback 4 metres behind front wall A Typical side entry: A Path to highlight front door B Covered entry area 4 HARPLEY HOME DESIGN GUIDELINES

188 Eaves Eaves enhance the look of your home, boost solar performance and have a positive impact on the quality of the streetscape. While we require eaves to any of your home s frontages visible to a street or public open space, we recommend that you consider eaves to all aspects of your home. Your roof must incorporate 450mm minimum width eaves to any street or public open space frontage. Eaves are required to extend over garage doors and wrap around a minimum of 1500mm from the publicly visible frontage. Eaves are not required to the portion of the home that incorporates verandahs, pergolas or porticos or to sections of façade finished to a boundary or parapet. Roof Pitch & Form The roof on your home is a significant part of the visual presence that your home contributes to an attractive streetscape. For your roof to be in balance with your home and others in the street, it is recommended that the pitch of a hip or a gable is a minimum of 20 O. The pitch of a skillion roof is recommended to be between 7 O and 15 O. Other roof forms can also be considered where they compliment the architectural intent of the home and contribute positively to the streetscape. A B A B Hip and gable approach to a roof showing: A A hip end to the pitched roof form B A gable end and entry portico with gable A Eaves on the primary frontage of a home over: B A Eaves above the garage and front wall B Entry area roof extended beyond the eave Skillion roof form showing: A Counterpointed skillions to give the home a sense of balance B Skillion over the entry area HARPLEY HOME DESIGN GUIDELINES 5

189 Building Materials Building materials that compliment the architectural style of your home add greatly to its streetscape appeal. Garages & Driveways Garages and driveways can have a negative impact on the street when they dominate the home and landscape. A Your front façade must be shaded by a substantial covered verandah or include at least 2 different wall materials or finishes that draw attention to your home s entry and reduce the visual impact of the garage door. Unfinished materials including block work, highly reflective or unpainted materials are not permitted. All external surfaces are to be in a finished state (painted or coated) prior to the occupation of your home. Other elements to consider include: Highly reflective window tints detract from the look of your home and should not be used to any street or public open space facing frontages. Built elements in the landscape such as fences, retaining walls and letter boxes should use materials that compliment those in your home. Driveways and paved areas within your property cannot exceed 500mm wider than your garage door. Your driveway must be completed before you obtain your Certificate of Occupancy. Acceptable driveway materials include pavers of stone, cobbles, concrete or clay, concrete either broom finished, coloured, exposed or with applied finishes, or any combination of these elements. Your driveway must taper to match the width of the crossover constructed at your front property boundary and be offset a minimum of 300mm from the side boundary. Additional elements to consider include: Panel lift or sectional garage doors to main frontage. Garage doors on the primary frontage should be no wider than 50% of the width of the block. Any garage door should not exceed 5.4 metres wide. Where a triple garage is allowed by the local authority, the additional door should not be wider than 3 metres and should be setback behind the main garage door with both garage doors setback behind the front wall. B A Typical driveway showing: Two approach to materials on a home showing: A Two materials to the front of the home B A covered verandah in a façade with only one material. A Triple garages must be stepped and setback from the front wall 6 HARPLEY HOME DESIGN GUIDELINES

190 Front Landscape Quality front landscaping enhances the positive impact your home will have on the streetscape. Your front yard, including the council owned verge, must be landscaped within 6 months of obtaining your Certificate of Occupancy. At least 50% of your front yard must be landscaped with grass and/or garden beds. A significant portion of this area must include gardens with trees and/or shrubs capable of growing to 3 metres tall and at be least 0.6 metre high at the time of planting. A C B A Grass and any planting of the adjacent verge must be completed as part of your landscaping. Landscaping with plants is required to the strip between your driveway and side boundary. Typical front yard showing 50% softscape with: A Trees and shrubs capable of growing to 3 metres B At least with 50% grass and gardens with significant plantings C Landscaping with plants to the strip between the driveway and side boundary Other elements to consider in your landscape include: It is preferable to include a pedestrian path separated from the driveway between the front door and the front of your lot, for pedestrian safety. On corner lots, planting including trees and shrubs should be provided to both street frontages. Select plants that are suitable for your lifestyle, the local climate and your block. Advice on plant selection is available from the Lend Lease sales office. B A A All homes in Harpley will be provided with Class A recycled water through purple pipes. It is a requirement of City West Water that all homes must incorporate plumbing for recycled water supply for toilet flushing and garden watering use and provide a front tap connected to this system. Typical landscape to secondary frontage: A Additional trees and shrubs to secondary frontage B Front yard landscape returns around corner HARPLEY HOME DESIGN GUIDELINES 7

191 Fencing Fencing that is well designed has a positive impact on your home and street. Generally it is preferred that your landscape flows from the street to the front of your home; however, if fencing forward of your home creates usable outdoor space, you may choose to fence the space in a way that adds quality and activation to the street. All fencing is subject to Local Council requirements. Fencing Standard A B Feature Decorative Fencing: Where indicated on sales plans, Lend Lease will build feature decorative fencing along open space boundaries, project boundaries and high profile lot boundaries. This fencing cannot be altered, removed, damaged or modified in any way without prior written approval by Lend Lease. Corner Boundary Fencing: Unless otherwise indicated in your Contract of Sale, corner boundary fencing must be timber paling, capped and lapped with exposed posts, to a maximum height of 1.8m. C Internal Boundary Fencing: Unless otherwise indicated in your Contract of Sale, internal boundary fencing must be timber paling, capped and lapped to a maximum height of 1.8m. Front Fencing: Where a front fence is desired, it must not exceed 1.2m in height (or 1.0m for corner lots) and be of an open style, such as timber post and rail or decorative steel and pillars. This requirement also applies to front fencing on secondary frontages. Refer to fencing image under letter C. Swimming pool style fences are not permitted as front fences. Fencing Location Corner Boundary Fencing: Privacy fencing must finish at least 4m behind the front building line and return to the side wall of the home. Where a front fence is proposed, this must return along the secondary frontage to this point. Typical front fencing showing: A Detailed front fence with screen planting Fencing Standard detail: Lapped timber paling 150mm x 25mm timber plinth Lapped timber paling Timber capping B A mid block front fence returning to side fence which stops 1 metre behind the front wall 75mm x 125mm hardwood timber post Timber post Max. fence height 1800mm C A corner block front fence returning to side fence which stops 4 metres behind the front wall A Corner Fencing Detail Internal Boundary Fencing: This fence must finish at least 1m behind the front building line of the home and return to the side wall of the home. Where a front fence is proposed, the side fence height must either taper or drop at the front building line of the home to the 1.2m maximum front fence height (1.0m for corner lots). 150mm x 25mm timber plinth Timber capping Max. fence height 1800mm B Internal Boundary Fencing detail 8 HARPLEY HOME DESIGN GUIDELINES

192 Retaining Walls Retaining walls that face the street need to have a positive impact on the quality of the streetscape and ensure car and pedestrian access to and from the block and along the street is safe. Acceptable retaining wall materials are boulders, timber or concrete sleepers and rendered or faced block walls. Retaining walls visible along street or public open space frontages cannot exceed 1m high in any single step and 1.8m in total height. A planted strip of minimum width 500mm must exist between any terraced retaining walls. A Retaining walls to side boundaries between lots cannot exceed 1.6m high at the front wall of the home and must taper down forward of the home. Retaining walls over 900mm high require a 1 metre high fence above the wall and adequate landscape screening. B Ancillary Elements & Structures Ancillary elements and structures such as air conditioning condensers, wall mounted air conditioning units, satellite dishes, rainwater tanks, sheds and frame mounts for solar panels should be located so they are not visible from a street or public open space frontage. Retaining walls forward of the home must taper on side boundaries: A Retaining walls must be stepped where they exceed 1 metre high on front boundaries B Side retaining walls above 600mm should be fenced for safety HARPLEY HOME DESIGN GUIDELINES 9

193 SMART IDEAS FOR YOUR HOME This section outlines the optional elements for your home that will assist in reducing your energy bills. Including these features during initial design is more cost effective than retrofitting later. You should talk to your builder about including these money saving ideas in your home. Heating & Cooling A home with great natural light and natural ventilation will be easier to heat and cool, more comfortable and cheaper to run. Most of the features can be achieved with little if any extra cost. Face key living areas to the north or north east to let in winter sun. Appliances & Equipments Including refrigeration and cooking Lighting 6% 33% 40% Heating & Cooling Shade windows and outdoor areas to protect from the summer sun. Keep west and east facing windows small with raised sill heights. Place operable windows on either side of your home to capture cooler summer breezes. Use reflective and bulk insulation to reflect the sun in summer and hold in the heat in winter. 21% Use a door to zone off your main living spaces to only heat or cool what you need. Water Heating Graphic showing the projected energy use in the residential sector: Source: DEWHA, 2008 Energy use in the Australian residential sector , data projected energy use for 2012 Opportunities for reducing energy bills include: Heating & cooling Solar Panels Efficient appliances LED Lights Solar Hot Water 10 HARPLEY HOME DESIGN GUIDELINES

194 Solar Panels Solar panels generate electricity from the sun and reduce the need to buy electricity during sunlight hours. Solar photovoltaic panels will need to be on the north most side of your roof, as directed by the installer. The size of the system should match your day time electricity consumption, 1 1.5kW would be sufficient for most homes. Solar Hot Water Solar hot water uses the heat from the sun to provide hot water for your home which reduces your energy consumption. Solar Panels: Solar photovoltaic panels on the north side of the roof Solar hot water roof collectors will need to be fixed in accordance with the product specifications. The size of the system should be based on the size of your household and hot water needs. Efficient Appliances Energy star ratings assist in comparing the energy efficiency and expected running costs of appliances. Being aware of the energy rating, particularly for the following appliances can help you save later. Electric air conditioners with ratings of 2.5 stars or greater. Refrigerators with ratings of 3.5 stars or greater. Clothes washers with ratings (energy and water efficiency) of 4.5 stars or greater. TVs with ratings of 7 stars or greater. LED lights Appliance energy rating labels: Being aware of the energy rating, particularly for the following appliances can help you save later LED lights can do the same job as a compact fluorescent globe or halogen globe. LED lights use less energy and typically have a much longer life expectancy than other globes. HARPLEY HOME DESIGN GUIDELINES 11

195 GLOSSARY B E F A D C G A B C D Front Wall: the wall of the house closest to the front boundary Verandah / Balcony: a covered outdoor area Garage Setback: the distance between your property boundary and the garage door. Portico / Porch: clearly defined roofed entry feature H E F G H I J K Articulation: walls on different setbacks from the property boundary Build to Boundary Line: a portion of the house or garage that is built to the side boundary or within 200mm of it Pedestrian Path: a path adjacent the driveway specifically for pedestrians Site Cover is the area of the footprint of your house expressed as a percentage of your lot area. The footprint of your house includes all ground floor areas measured to the outside walls and also covered verandahs or porches. Gable Roof Hip Roof Skillion Roof I J K 12 HARPLEY HOME DESIGN GUIDELINES