STAGE 7 ANNEXURE C DEED OF RESTRICTIVE COVENANT

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Preston Fletcher
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STAGE 7 ANNEXURE C DEED OF RESTRICTIVE COVENANT THIS DEED IS MADE THE DAY OF 20 BY ROCKINGHAM PARK PTY LTD (ACN 008 687 965) of PO Box 907, Claremont, Western Australia 6910 ( the Developer )

1 STAGE 7 ANNEXURE C DEED OF RESTRICTIVE COVENANT THIS DEED IS MADE THE DAY OF 20 BY ROCKINGHAM PARK PTY LTD (ACN ) of PO Box 907, Claremont, Western Australia 6910 ( the Developer ) RECITALS A. The Developer is the registered proprietor of an estate in fee simple of the whole of the land described as lot 9009 on deposited plan being the whole of the land contained in certificate of title volume 2830 folio 600 ( the Land ). B. The Developer proposes to make an application to register deposited plan TBA in relation to the Land ( the Subdivision Plan ). C. Pursuant to section 136D of the Transfer of Land Act 1893 (WA), the Developer wishes to create the following restrictive covenants on the Lots for the benefit of the Lots. D. Those parts of the Land burdened by the restrictive covenants set out in this deed are subject to the encumbrances noted in the schedule to this deed and, where necessary, the Developer has obtained the encumbrancers consent to this deed. OPERATIVE PART 1. DEFINITIONS In this deed, unless the context otherwise requires: Floor Area means the area between the external walls located under the main roof of the Primary Residence but excludes the area of any alfresco, garage, veranda Outbuilding or Granny Flat; Granny Flat means a self-contained residential dwelling that is ancillary to a Primary Residence; (c) Lots means lots 254 to 282 (inclusive), lots 298 to 300 (inclusive) and lots 460 to 462 (inclusive) all on deposited plan TBA and Lot shall have a corresponding meaning; Outbuilding means an enclosed non-habitable structure;

2 (e) Primary Residence means a primary permanent and non-transportable residential dwelling; and Public View means the view from all public streets, public thoroughfares and public open spaces. 2. RESTRICTIVE COVENANTS 2.1 Construction on the Lot Home Size The registered proprietor shall not, construct or permit to be constructed, erected or installed on the Lot a Primary Residence unless it has a minimum Floor Area of: 130 square metres for any lot up to and including 800 square metres in area; or 200 square metres for any lot greater than 800 square metres in area. Materials installed on the Lot a Primary Residence or any alteration or addition to a Primary Residence unless the predominant construction materials are a combination of brick, external brick veneer, limestone, stone, rendered finish or rammed earth. Roof (c) installed on the Lot a Primary Residence, unless the Primary Residence has a roof that is: (iv) constructed from concrete tiles, clay tiles or colourbond; painted or otherwise coated, sealed or treated in one colour; not highly reflective (zincalume is not permitted); and pitched at an angle of more than 25 degrees and less than 45 degrees (excluding any part of the roof that covers verandah areas). Garage installed on the Lot a Primary Residence, unless the Primary Residence has a garage that is: a double car garage capable of housing two (2) cars, parked side by side; a lock-up garage in that it has a garage door at least the width of two (2) cars (carports are not permitted); and constructed from materials similar and complimentary to the Primary Residence. (e) installed on the Lot a Primary Residence, unless the Primary Residence has a garage that is located under the main roof of the Primary Residence. installed on the Lot a carport.

3 Crossover/Driveway (g) installed on the Lot a Primary Residence, unless the Primary Residence has a six (6) metre wide driveway. Solar Water Heaters and Solar PV Panels (h) installed on the Lot a solar water heater or any solar PV panels unless they are: located on the roof of the Primary Residence or a Granny Flat; installed in keeping with the roof profile; and is screened from Public View. Air Conditioner installed on the Lot an air conditioner on the exterior of the Primary Residence or a Granny Flat, unless it: is installed below the ridge line of the roof; is screened from Public View; and matches the colour of the roof. Antenna (j) installed on the Lot a television or radio antenna unless it is wholly contained within the roof space of the Primary Residence and/or Granny Flat between the ceiling and the underside of the roof or, if that is not possible and the antenna has to be mounted on the roof of the Primary Residence and/or Granny Flat, then unless the antenna is mounted on a rear facing section of the roof of the Primary Residence and/or Granny Flat such that the antenna is completely screened from Public View. Satellite Dish (k) installed on the Lot a satellite dish unless it is screened from Public View. Clothes Line (l) installed on the Lot a clothes line, hoist, drying or airing facility unless it is screened from Public View. Granny Flat (m) (n) installed on the Lot more than one (1) Granny Flat. installed on the Lot a Granny Flat unless: a Primary Residence has already been constructed on the Lot; the Granny Flat is constructed behind the Primary Residence and is screened from Public View; and the Granny Flat is constructed from materials similar and complimentary to the Primary Residence.

4 Outbuilding (o) (p) installed on the Lot more than one (1) Outbuilding. In relation to Lots with an area of less than one thousand (1000) square metres, the registered proprietor shall not construct or permit to be constructed, erected or installed on the Lot an Outbuilding unless: (iv) (v) a Primary Residence has already been constructed on the Lot; the Outbuilding does not exceed sixty (60) square metres in area or ten percent (10%) in aggregate of the total Lot area, whichever is less; the Outbuilding has walls that are less than 2.4 metres in height; the Outbuilding is constructed behind the front building line of the Primary Residence and is screened from Public View; and the Outbuilding is constructed from materials similar and complimentary to the Primary Residence. (q) In relation to Lots with an area of one thousand (1000) square metres or more, the registered proprietor shall not construct or permit to be constructed, erected or installed on the Lot an Outbuilding unless: (iv) (v) a Primary Residence has already been constructed on the Lot; the Outbuilding is less than four (4) metres in height; the roof of the Outbuilding is pitched; the Outbuilding is constructed behind the front building line of the Primary Residence and is screened from Public View; and the Outbuilding is constructed from materials similar and complimentary to the Primary Residence. Fencing (r) (s) installed on the Lot any boundary fence forward of the front building line of the Primary Residence. installed on the Lot any boundary fence: constructed from materials other than Riversand coloured colourbond with a Wavelok profile, brick, brushwood, limestone, timber slats, metal infill or other similar materials that are complimentary to the Residence; and less than 1800 millimetres high. 2.2 Use of the Lot The registered proprietor shall not: Domestic Pets raise, breed, keep or permit to be raised, bred or kept more than four (4) domestic pets on the Lot;

5 Signage erect or permit to be erected any signage or advertisements on the Lot unless it is a builder s sign required during construction and is no more than 600mm x 600mm or a real estate sign associated with the sale of an established Primary Residence (for the purposes of clarity signs for the sale of vacant land are not permissible however this restriction in no way prevents the registered proprietor from selling the Lot in the event an established Primary Residence has not yet been constructed on the Lot); Vehicles (c) repair or maintain or permit to be repaired or maintained on the Lot any motor vehicle, boat, trailer or any other vehicle or machinery unless it occurs behind the font building line of the Primary Residence and is screened from Public View; park or permit to be parked commercial vehicles including trucks, buses and tractors (excluding panel vans and utilities) unless screened from Public View; Rubbish (e) permit any rubbish disposal containers on the Lot to be in Public View except on days allocated by the local authority for rubbish collection; Gardens permit garden areas on the Lot within Public View to remain unlandscaped for four (4) months from the date of completion of the Primary Residence; Fencing (g) (h) (j) do or permit any act or thing which may cause the removal, alteration, marking or defacement of any existing fence or retaining wall on the Lot; permit any existing fence or retaining wall on the Lot to fall into a state of disrepair or to become unsafe; permit any tree, plant, building or any other thing to cause an existing fence or retaining wall on the Lot to become structurally unsound; and permit any existing fence or retaining wall on the Lot to be repaired or replaced unless the repair or replacement is in the same material, style and colour as the existing fence or retaining wall. 3. MISCELLANEOUS PROVISIONS (c) The registered proprietor acknowledges that the burden of the covenants in this deed runs with the Lot for the benefit of every other registered proprietor of the Lots and shall be enforceable against the registered proprietor and every subsequent registered proprietor of the Lot. The registered proprietor acknowledges that each covenant is separate from the other and therefore if any covenant becomes invalid or unenforceable then the remaining covenants will not be affected and each remaining covenant will be valid and enforceable to the fullest extent permitted by law. The registered proprietor acknowledges that it must comply with and observe the covenants and furthermore acknowledges that the Developer shall have no responsibility for enforcing the covenants, but reserves the right to do so. The registered proprietor acknowledges that the covenants will not be modified, surrendered, released or abandoned whether wholly or partially.

6 (e) The registered proprietor shall not make an application to any Court, the Registrar of Titles or Landgate for the partial or complete modification, removal or extinguishment of the covenants. The covenants shall expire and cease to have effect from and including 31 December Buyer(s) initial here

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