SIENNA SPRINGS ESTATE. Proposed Lot: ANNEXURE A

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1 SIENNA SRINGS ESTATE roposed Lot: ANNEXURE A SECTION A SECIAL CONDITIONS 1 DEFINITIONS AND INTERRETATION Definitions In this Contract, unless the context requires otherwise, the following words have the following meanings: Act means the lanning and Development Act 2005 (WA) Annexure includes each additional annexure, appendix and/or attachment to this Contract. Approval means the conditional approval granted by the lanning Commission of the subdivision of the Land, pursuant to two reconsideration decisions dated 12 February 2016 and 27 September 2016 and referenced and given to the SAT in proceedings DR 404 of Conditions means the conditions affixed by the lanning Commission to the Approval. Deposited lan means a deposited plan registerable at Landgate (but not yet endorsed by the Western Australian lanning Commission) and depicting the roposed Lot as a separate lot, annexed hereto and marked Annexure B. General Conditions means the Law Society and the Real Estate Institute of Western Australia Joint Form of General Conditions for the Sale of Land 2018 revision. Land means Lot 2 Eleventh Road, Hilbert, being the whole of the land contained in Certificates of Title Volume 1550 Folio 345. LD means the Detailed Area lan No 1 (Local Development lan) for Lot 2 Eleventh Road, Hilbert approved by the Metropolitan Redevelopment Authority in accordance with clause 4.4 of the Wungong Urban Water Redevelopment Scheme on 27 February 2017, annexed hereto and marked Annexure E. lanning Instrument means the City of Armadale Town lanning Scheme No. 4, the Wungong Urban Water Redevelopment Scheme 2007 and State lanning olicy 3.1 Residential Design Codes. roposed Lot means the land being acquired by the Buyer under this Contract and identified by way of cross-hachure on the Deposited lan. Relevant Authority includes each government or governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, statutory or public authority, tribunal, agency or entity, whether local, state, federal or otherwise and includes without limitation the City of Armadale. SAT means the State Administrative Tribunal of Western Australia. Special Conditions means these special conditions. TLA means the Transfer of Land Act 1893 (WA) Shire means the City of Armadale. (c) (d) Interpretation In this Contract unless stated otherwise: No Merger terms and expressions which are defined in the General Conditions and which are used, but not defined, in this Contract have the same meanings attributed to them in the General Conditions when used in this Contract; and a provision of this Contract shall not be construed against a arty merely because that arty was responsible for drafting this Contract or for the inclusion of that provision. Any terms, conditions or provisions of this Contract (including in any Annexure or Attachment) which are not satisfied or fulfilled at Settlement will not merge in the Transfer of Land and will continue to apply and be enforceable by the Seller against the Buyer. Waiver No conduct, delay, neglect or forbearance by either arty in enforcing against the other any provision of this Contract shall be a waiver by, or in any way prejudice any right, of that arty under this Contract. No waiver shall be effective unless given in writing to the other party by the party granting the waiver. 1 Buyer s Initials.

2 2 INCORORATION OF SECIAL CONDITIONS AND ANNEXURES These Special Conditions and all Annexures are incorporated into and form part of the Contract between the Seller and the Buyer. In addition to anything else in these Special Conditions, the General Conditions, as they apply to this Contract, are amended as follows: subject to the operation of paragraph 3 below, Clause 13 of the General Conditions is deleted in its entirety and the following shall be inserted in lieu thereof: 13.1 This Contract is subject to and conditional upon the Seller being able to, at the expense of the Seller: comply with any conditions imposed in the Approval; and, cause the lanning Commission to affix its unconditional endorsement to a Deposited lan of Survey describing the roposed Lot, on or before the expiration of 270 days from the Contract Date If any Relevant Authority has provided to the lanning Commission advice under Section 142 of the Act and that Relevant Authority or the lanning Commission requires anything to be done in purported satisfaction of any Condition of the Approval which is unacceptable to the Seller in its absolute discretion, then the Seller may, at any time before the expiration of the time period referred to in Condition 13.3 below, issue notice to the Buyer that the Conditions of the Approval imposed as to the creation of the roposed Lot are unacceptable to the Seller and thereupon the Approval of the lanning Commission to the roposed Lot shall be deemed to have been refused and the Contract shall be at an immediate end and all deposit moneys shall be repaid to the Buyer and neither party shall have any claim against the other either in law or in equity If in the event that, for any reason howsoever arising, the Seller is unable to cause the lanning Commission to affix its unconditional endorsement to a Deposited lan of Survey describing the roposed Lot on or before the expiration of 180 days from the Contract Date then either party may terminate this Contract upon written notice to that effect being given to the other party If in the event that a party gives a notice of termination to the other under the provisions of Clause 13.3 above, all deposit monies shall be immediately repaid to the Buyer and neither party shall have any claim against the other either at law or in equity Clauses 13.1 to 13.4 inclusive above are deleted from the Contract in circumstances where: the lanning Commission affixes its unconditional endorsement to a Deposited lan of Survey describing the roposed Lot; and, no notice of termination under Clause 13.3 has been given by either party to the other On or before the expiration of 14 days of the date at which the Deposited lan of Survey describing the roposed Lot is endorsed in order for dealings at Landgate the Seller shall: apply for a certificate of title to the land as a separate lot, upon making the application in satisfaction of Condition above, notify the Buyer: 13.7 The Settlement Date shall be: that the Deposited lan of Survey describing the land as a separate lot is endorsed in order for dealings at Landgate; and, of the date at which the Seller made application to Landgate for issue of a certificate of title to the land as a separate lot days from the date at which the Seller notifies the Buyer that a certificate of title to the land as a separate lot has issued; or, the date stipulated in the Contract, whichever is the later If the lanning Commission fails or otherwise refuses to affix its endorsement to the Deposited lan of Survey when requested to do so by the Seller under Section 145(1) of the Act nothing in this Contract shall be constructed so as to prevent the Seller from applying to the SAT for review of that failure or refusal including seeking a review by the SAT of the conditions and nothing in this Contract shall be construed that the Seller accepts all or any of the conditions of the Approval The Seller shall not be obliged to create a separate certificate of title to the roposed Lot, separately and apart from contemporaneous creation of all other lots within the subdivision as approved by the lanning Commission This Contract does not constitute a warranty that the Seller can comply with the Conditions of the Approval within the time period stipulated in Clause 13.3 above. 2 Buyer s Initials.

3 3 TITLE TO ROOSED LOT If at the Contract Date the roposed Lot is not described on a plan of subdivision registered at Landgate which is in order for dealings or, a separate Certificate of Title to the roposed Lot has not yet been issued by Landgate, then paragraph 3 to 3(d) inclusive below shall apply: Clause 13 of the General Conditions, as amended by these Special Conditions will apply. (c) (d) The roposed Lot is subject to final survey by the Seller prior to the Settlement Date and the arties accept that: (iii) the final surveyed area of the roposed Lot as a separate lot as shown on the endorsed Deposited lan may vary from that shown on the Annexure B plan by up to 1% whether greater or smaller in area; provided that the final surveyed area of the roposed Lot as a separate lot as shown on the Deposited lan is within 1% of the area described on the Annexure B plan, neither the Seller nor the Buyer shall have recourse against the other and clauses (inclusive) of the General Conditions will not apply; and if in the event that the final surveyed area of the roposed Lot as a separate lot as shown on the Deposited lan is more than 1% lower than that area shown on the Annexure B plan, the Buyer may terminate this Contract by written notice issued to the Seller not later than 14 days of being given a copy of the Deposited lan by the Seller and in which event all deposit monies shall be immediately repaid to the Buyer and neither party shall have any claim against the other either at law or in equity. In order for the Buyer to be able to exercise its rights under paragraph 3(iii) above (if any), the Seller shall provide to the Buyer a copy of the Deposited lan at the date by which the Seller requests the lanning Commission to endorse is approval to the Deposited lan under Section 145(1) of the Act. If the Buyer does not terminate this Contract in accordance with paragraph 3(iv) above and proceeds to Settlement then the Buyer is deemed to be satisfied with the roposed Lot and waives any claims it has or might have had against the Seller. 4 MATTERS AFFECTING THE LAND General Without limiting any provision of the General Conditions, the Buyer acknowledges and agrees that the roposed Lot is sold subject to all (if any): (iii) (iv) substances that may exist on, under or within the land as at the Contract Date whether or not those substances or any one of them happens to be at a quantity which might present risk to human health, the environment or any environmental value and the Buyer accepts the land as it comprises in all its substances and the Buyer waives all claims against the Seller to vary the quantity of those substances whether before or after Settlement; reservations, limitations, interests, encumbrances, restrictive covenants, notifications and memorials contained in or noted on (or to be contained in or noted on as a requirement of a Relevant Authority or otherwise) the Certificate of Title to the roposed Lot; building conditions, limitations, restrictions or requirements imposed against the roposed Lot by any Relevant Authority whatsoever; building conditions, limitations, restrictions or requirements imposed against the roposed Lot by any Relevant Authority whatsoever; and any easements required by any Relevant Authority and easements for support, protection or services expressed or implied by the TLA, and regardless of whether any such matters are expressly referred to in this Contract or not. (c) Easements Restrictions The Buyer acknowledges that if the roposed Lot is Lot then the Certificate of Title to the roposed Lot when issued, shall have an easement registered thereupon in favour of the Electricity Networks Corporation (Western ower) as specified on the Annexure B plan and specified in the terms of the Easement Registration Instrument annexed hereto as Annexure C. The Buyer acknowledges and agrees: (1) To the terms of the restrictive covenants as contained in Section B to this Annexure A. (2) The Seller s solicitor may amend the restrictive covenants set out in Section B of this Annexure A as the Seller s solicitor might reasonably require in order to ensure Landgate accept registration of the covenants and provided that the restrictive covenants as finally registered on the certificate of title to the roposed Lot are not inconsistent with the intent of Section B of this Annexure A 3 Buyer s Initials.

4 (3) The Shire shall be the beneficiary to the section 150 of the Act restrictive covenant set out in Section B of this Annexure A. (4) The Seller shall be the sole beneficiary of the private restrictive covenants set out in Section B of this Annexure A and the benefit is not, by this Contract, assigned. (d) Improvements and Development The Buyer acknowledges that: (1) any or all development on the roposed Lot shall comply with the provisions of the relevant lanning Instruments of the Relevant Authority; ; (2) it is aware of the requirements, restrictions and matters contained within the LD as they apply to the roposed Lot and is aware that the LD imposes additions and variations to the acceptable development provisions of the Relevant Authority; (3) if the roposed Lot is Lot 221, the Seller has not, will not and is not by this Contract obliged to construct steps which lead to the ublic Open Space abutting ark Avenue, despite such steps being depicted on the LD; and (4) it is responsible for making all enquiries of the Relevant Authority with respect to any standards and or requirements for improvement or development applying to any use of and development of the roposed Lot, including Australian Standard Construction of Buildings in Bushfire rone Areas. (e) Lots with Retaining Walls The Buyer acknowledges that: (1) in order to satisfy the Conditions of Approval, the Seller has cut and filled the Land; (2) the Seller has constructed retaining walls on each roposed Lot, in accordance with the retaining wall plan annexed hereto as Annexure D; and (3) if the roposed Lot is provided with a retaining wall or has the benefit of a retaining wall at the Settlement Date, the Buyer is aware that: the retaining wall may be wholly within the roposed Lot and that the position of any building, improvement or dwelling on the roposed Lot must not cause or contribute to any surcharge on any such retaining wall whatsoever or else the retaining wall must be replaced with a wall that will retain the surcharge and at the Buyer s cost; and any improvement, building or dwelling on the roposed Lot must not cause or contribute to the undermining of any retaining wall on the roposed Lot. (f) Buyer s Acknowledgement The Buyer acknowledges, agrees and is aware: (iii) (iv) That any of the matters addressed in this paragraph 4 will run with the Land and bind any proposed transferees of the roposed Lot. The Seller shall, as part of subdivision of the Seller s land, have been or be required by regulations to have its surveyors install survey pegs at each corner of the roposed Lot. The Seller is not by virtue of this Contract under any additional obligation to the Buyer to secure the positioning of the survey pegs or to reinstate the survey pegs on the roposed Lot either before or after Settlement. The land comprising the roposed Lot is registered under the TLA and that the Buyer is not entitled to deliver any requisition on or objection to the title of the Seller to the land and the Buyer hereby waives his or her right to do so. The Buyer must not: (1) make any claim, objection or delay or refuse to effect Settlement, (2) make any claim for a reduction in the urchase rice, (3) make a claim for damages; or, (4) terminate this Contract 4 Buyer s Initials.

5 5 RERESENTATIONS AND WARRANTIES arising from or in connection with any of the matters contained in this paragraph 4. Warranties and Representations (iii) The Seller makes no warranty or representation that the roposed Lot complies with any laws or requirements, whether statutory or otherwise or that it is suitable, fit or approved for any particular purpose. The Seller makes no warranty or representation that use of any BAL Contour lan, Bushfire Management lan or bushfire hazard documentation prepared for the purposes of obtaining the Approval, by the Buyer will achieve an effective and compliant outcome for the purposes of development on the roposed Lot. The Buyer acknowledges and agrees that it or they have: (1) not relied on or been induced to enter into this Contract by any express or implied oral statement, representation, warranty, undertaking, covenant or agreement made by or with the Seller, the Seller s Agent, or the Seller s employees, agents, consultants, contractors or representatives before the Contract Date relating to the roposed Lot or other subject matter of this Contract and not contained in this Contract; and (2) made all relevant enquiries as to the suitability and zoning of the roposed Lot for the use and development proposed by the Buyer for the roposed Lot. (c) No Reliance The Buyer acknowledges and agrees that in entering into this Contract the Buyer has relied solely on the Buyer s own enquiries and independent appraisals with respect to: (iii) (iv) (v) (vi) Entire Agreement the fitness or suitability of the roposed Lot for any particular purpose or use; the correctness of the description of the roposed Lot; the Buyer s rights and obligations under this Contract; the value of the roposed Lot; the present and future economic feasibility, viability and economic return of the roposed Lot; and any matters that may affect the Buyer s right, interest or enjoyment of the roposed Lot. This Contract is the entire agreement between the Buyer and Seller and contains all of the representations, warranties, covenants and agreements of the arties in relation to the subject matter of this Contract. 6 SOTTER S FEE The Seller hereby reserves the right and notifies the Buyer that it may choose to pay a referral or spotters fee to a building or other representative or consultant of its choice where that building representative has sourced buyers for lots arising from the development of the parcel of land of which the roperty forms a part. The amount of such fee will be in the sole discretion of the Seller. The Seller confirms that any such fee shall not in any way affect the urchase rice nor affect the Seller s decision as to whether or not to accept this Contract. 7 NO CAVEAT BY BUYER The Buyer must not, before issue by Landgate of a separate Certificate of Title for the roposed Lot, lodge any caveat (whether absolute or subject to claim) against the title to the Land (or any part of the land of which the roposed Lot forms a part) to protect the Buyer s interest under this Contract. The Buyer hereby irrevocably appoints the Seller as attorney for the Buyer and at the Buyer s costs in all respects, to sign and lodge a withdrawal of caveat for any caveat lodged by the Buyer in breach of paragraph 7 above. 8 GST MARGIN SCHEME (c) (d) The urchase rice is inclusive of GST. The Seller is registered for GST. The Seller and the Buyer agree that the Margin Scheme is to be applied in calculating the GST payable on the sale of the roperty. The Buyer will not receive a Tax Invoice at Settlement and the Seller is not obliged to provide one. 9 FURTHER ASSURANCES Each arty must promptly at its own cost do all things necessary or desirable to give full effect to this Contract. 5 Buyer s Initials.

6 10 SEVERANCE If any part of this Contract is or becomes void or unenforceable, that part is or will be severed from this Contract to the intent that all parts that are not or do not become void or unenforceable remain in full force and effect and are unaffected by that severance. 6 Buyer s Initials.

7 SECTION B RESTRICTIVE COVENANTS 11 SECTION 150 LANNING AND DEVELOMENT ACT RESTRICTIVE COVENANT ursuant to section 150 of the lanning and Development Act 2005 the following restrictive covenants are applicable to: roposed Lots (inclusive) located within the Sienna Springs Estate. This restrictive covenant shall be enforceable by the Shire against the Buyer and all successors in title: No vehicle access is permitted from this lot to or from Eleventh Road. roposed Lot 208 located within the Sienna Springs Estate. This restrictive covenant shall be enforceable by the Shire against the Buyer and all successors in title: No vehicle access is permitted from this lot to or from Eleventh Road and Lannam Road. 12 RIVATE RESTRICTIVE COVENANTS The following restrictive covenants are applicable to all lots located within the Sienna Springs Estate. These restrictive covenants shall be enforceable by the Seller against the Buyer and all successors in title until 31 March The intended purpose of these covenants is to preserve the amenity of all Lots within the Estate. The private restrictive covenants are as follows: (c) (d) (e) (f) (g) (h) All external walls of the dwelling constructed on the land shall be primarily of brick, stone, concrete or glass. Timber and timber substitute used in the dwelling construction shall be limited to 20% of the external wall area and roofing shall be of non-reflective material. e.g. untreated zincalume shall not be used. The dwelling shall have a minimum floor area of 120 square metres, or if the lot has an area of less than 450 square metres, shall have a minimum floor area of 100 square metres, measured to the external wall lines. Floor area does not include patios, outbuildings or carports and garages but may include an outdoor alfresco area which is constructed under the main roof of the dwelling. The dwelling shall have as a minimum a single carport or garage and in all cases constructed substantially of the same materials as the dwelling. Carports shall be used only to store privately registered motor vehicles, registered boats or caravans. Commercial vehicles, tools, machinery, spare parts or household items must be garaged or stored away on the land so that they are screened from public view. Solar hot water heaters or air conditioners may not be erected on the dwelling on that portion of the roof facing the street and where erected they shall be painted to match the colour of the roof of the dwelling. Repairs or maintenance to motor vehicles, boats or machinery is prohibited from taking place on the land unless screened from public view. No fence may be constructed on the land forward of the dwelling towards the primary street kerb alignment. No dwelling constructed on the land may be occupied unless: a driveway is constructed from the street kerb alignment to the garage of the dwelling which driveway shall not be less than 3 metres wide and constructed entirely of brickpaving or concrete which is coloured and stenciled so as to imitate the visual aspect of brickpaving; and a letter box made substantively out of the same materials as the dwelling is constructed on the land adjacent to the street frontage of the land. 7 Buyer s Initials.

8 RESERVE FOR RECREATION AND DRAINAGE FOR INTERESTS AND NOTIFICATIONS SEE SHEET 1 ANNEXURE B FOR HEADING SEE SHEET 1 DEOSITED LAN (YET TO BE ENDORSED) HELD BY LANDGATE IN DIGITAL FORMAT ONLY L I N K S S u r v e y i n g J 133 7'55" A SEE ENL. 'A' J STURROCK CLOSE ELEVENTH ROAD LANNAM ROAD m² 73 59'25" '36" '58" '57" '37" '8" '28" m² '28" '9" '30" '24" 81 28'17" m² ELEVENTH ROAD SEE ENL. 'B' B SURVEY CARRIED OUT UNDER REGULATION26 (A) SECIAL SURVEY AREA GUIDELINES. SEE SURVEY SHEET(s) FOR SURVEY INFORMATION. RESERVE FOR RECREATION AND DRAINAGE '40" m² '53" m² m² SCALE: 1: A2 All Distances Are In Metres Licensed Surveyor 1005m² (1308m²) '34" '34" m² '34" m² '34" m² '34" m² '34" ' m² m² '34" m² 89 55'34" 135 2'13" 135 2'20" '20" m² m² '13" m² 89 55'34" m² ROAD WIDENING 268m² D '55" '16" ( ) '25" '35" 73 59'25" ( ) ROAD WIDENING ELEVENTH ROAD '54" ENLARGEMENT 'A' NOT TO SCALE ROAD WIDENING 208 LANNAM ROAD '53" '53" ( ) ( ) ENLARGEMENT 'B' NOT TO SCALE m² '49" m² 89 59'46" m² '26" m² 77 29'40" m² '40" m² '40" m² '40" m² '40" m² 77 29'40" ' '20" '7" '40" '40" '40" m² m² m² m² m² '40" '13" 89 55'20" '13" '23" 75 39'55" '56" '1" '3" '56" ( ) '40" 89 55'20" '40" '20" '47" '47" ROAD WIDENING 32m² ROAD WIDENING 32m² '7" SHEET 02 OF 02 SHEETS VERSION 2 Buyer s Initials. Date DEOSITED LAN

9 ANNEXURE C EASEMENT REGISTRATION INSTRUMENT Buyer s Initials

10 Buyer s Initials

11 Buyer s Initials

12 ANNEXURE D RETAINING WALL LAN Buyer s Initials

13 ANNEXURE E LD LAN Buyer s Initials

14 ANNEXURE F LANDSCAE AND FENCING The Seller, at its own cost, agrees to supply the following, all of which is to be carried out by the Seller s landscape contractor, subject to the following terms and conditions: (c) (d) (e) (f) (g) (h) (j) (k) (l) (m) (n) (o) (p) Design sketch of fencing and landscaping to be installed on the roposed Lot overlaid onto the 1:200 site plan to be supplied by the Buyer. Automatic reticulation system via a cut in valve to house supply from the Water Corporation main. The system is to comprise: (iii) (iv) (v) ope by Toro 4 station auto controller Model No or equivalent 300mm garden risers & shrub head adaptors (all fittings to have 19mm poly clamps) Automatic solenoids (150mm poly risers with jet stakes & micro jets) Toro nozzles (All pipe work 19mm poly or UVC as required) Toro 50mm pop-ups or equivalent with filters to all lawn areas. Garden mulch topping to all planted areas, supply and lay up to 20m of crème kerbing. Up to 120sqm of instant roll-on lawn, an application of Turf Start organic fertilizer or the equivalent shall be applied out prior to the laying of the lawn. Lawn shall be watered in and compacted together with an application of Baileys Nu Lawn fertilizer or equivalent. lants selected by the Seller s landscape contractor including 1 feature tree (45L bag), 2 advanced feature shrubs (305mm), 18 assorted general shrubs (200mm) and 17 assorted general shrubs (150mm). A 1.8m high Stratco Woodland Grey zincalume panel fence(or an alternative manufacturer s equivalent) to the side and rear boundaries of the roposed Lot and in accordance with the Restrictive Covenants (together, the Landscape ackage). The Seller s obligation to supply and install a Landscape ackage is subject to the Buyer first performing the following: (iii) (iv) (v) achieving practical completion of a dwelling on the roposed Lot in accordance with the rivate Restrictive Covenants including construction of crossovers and driveways in accordance with the Relevant Authority approved plans; raking and clean-up of the vacant areas of the roposed Lot and the adjacent street verge sufficient for the works necessary to install the Landscaping ackage to be completion unimpeded; construction below the driveway to the roposed Lot and across the full width of the driveway a duct comprising a 90mm diameter Class 9 uvc pipe laid within the roposed Lot and at an offset of 1.8m from the front boundary of the roposed Lot to a depth of cover of 450mm; install a 240V power supply (3 pin socket) at the power supply meter box; and install a stopcock water supply valve connected to the water supply connection to the dwelling on the roposed Lot (together, the Buyer s Obligations). Upon satisfaction of Buyer s Obligations, the Buyer must notify the Seller in writing (letter, or fax) of the Buyer s readiness to accept delivery of the Landscape ackage. The Buyer s notice must include a copy of the Buyer s builder s 1:200 site plan of the roposed Lot on which the outline of the wall line of the dwelling and the lot boundaries are depicted (Buyer s Notice). The Seller s landscape contractor shall commence installation of the Landscape ackage within 60 days of receipt by the Seller of the Buyer s Notice. In the event the Seller does not receive the Buyer s Notice within 28 days of performance of the Buyer s Obligations, the Seller may elect to install the Landscape ackage on the roposed Lot for the purposes of preserving the amenity of the Sienna Springs Estate and the Buyer hereby vests in the Seller, its agents and servants a license to enter onto the roposed Lot for that purpose. The Seller will not be obligated to supply the Landscape ackage in the event the Buyer fails to perform the Buyer s Obligations within 24 months of the Settlement Date. The Buyer shall maintain the Landscape ackage as installed until the expiration of the Restrictive Covenants referred to in Section B, unless with the consent of the Seller. The Seller has the absolute design discretion of the Landscape ackage. The value of the Landscape ackage is $3, (inclusive of GST). The benefit of the Landscape ackage is exclusive to the Buyer s named in this Contract and is not transferrable by the Buyer to any third party nor is the Landscape ackage redeemable for cash. For the avoidance of any doubt, the delivery by the Seller of a Landscape ackage upon receipt of the Buyer s Notice is a contract as between the Seller and its landscaping contractor, to which the Buyer is not a party. 12 Buyer s Initials.