Section No. SOHO. DEED OF SALE (Sectional Title Off Plan) SOHO. Made and entered into by and between:

Transcription

1 Section No. SOHO DEED OF SALE (Sectional Title Off Plan) SOHO Made and entered into by and between: QUINATE CONSULTING PROPRIETARY LIMITED REGISTRATION NUMBER 2005/025742/07 (herein represented by CHARLES NIXON MORGAN duly authorised hereto in terms of a Resolution) ( the Seller ) And whose full particulars appear in the Information Schedule, forming an integral part of this Agreement ( the Purchaser ) The Seller and the Purchaser mentioned in the Information Schedule hereby enter into an Agreement of Sale for the sale of the Property with a Sectional Title Unit thereon as described in C1 of the Information Schedule for the purchase price recorded in Clause E of the Information Schedule and on the terms set forth in the Information Schedule and Standard Terms and Conditions forming pages 7 to 30 hereof and Annexures A F.

2 SIGNED AT THIS DAY OF 20 AS WITNESSES: 1. Name: Identity No: for and on behalf of the SELLER, the signatory warrants his/her authority hereto SIGNED AT THIS DAY OF 20 AS WITNESSES: 1. Name: Identity No: PURCHASER, the signatory warrants his/her authority hereto, where applicable SIGNED AT THIS DAY OF 20 AS WITNESSES: 1. Name: Identity No: 2 ND PURCHASER / 1 ST PURCHASER S SPOUSE (if applicable) SOHO Agreement of Sale Page 2

3 SIGNED AT THIS DAY OF 20 AS WITNESSES: 1. Name: Identity No: for and on behalf of the CONTRACTOR, the signatory warrants his authority hereto in respect of the provisions of Clause 18 of the Agreement SOHO Agreement of Sale Page 3

4 INFORMATION SCHEDULE A SELLER A1 Full name QUINATE CONSULTING PROPRIETARY LIMITED A2 Registration No. 2005/025742/07 A3 A4 Address in full (street address) Telephone 2 nd Floor, Edward II Building, Edward Street, Bellville, 7530, PO Box 1807 Bellville A5 E mail debbie@opportunity.co.za B B1 PURCHASER Full names/entity B2 ID/Registration No(s) B3 Address in full (street and postal addresses) Street Code Postal Code B4 Marital status B5 B6 In / out of community Telephone SOHO Agreement of Sale Page 4

5 B7 Cell Phone B8 Telefax B9 E mail B10 C Signatory for Purchaser (if on behalf of Entity, a Resolution/s to be attached to this agreement) THE PROPERTY Full names: Capacity: C1 Unit Unit No: having an approximate floor area of m 2 as reflected on the Development and Unit Plans annexed hereto (marked B & C ) C2 Exclusive Use Area s 1. Garden G (number) having an area of approximately m 2 and shall be allocated to the Purchaser in terms of Section 27A of the Sectional Titles Act. The Garden is indicated on the Exclusive Use Area Plan annexed hereto (marked F ). C3 Street Address Unit No., SOHO, D ESTIMATED OCCUPATION / COMPLETION DATE E PURCHASE PRICE 2. Parking P (number) having an area of approximately m 2 and shall be allocated to the Purchaser in terms of Section 27A of the Sectional Titles Act. The Parking is indicated on the Exclusive Use Area Plan annexed hereto (marked F ). Soho Close, Parklands North. As per and subject to Clause of the Agreement Estimated to be on or around: E1 Total Purchase Price (inclusive of VAT) R SOHO Agreement of Sale Page 5

6 E2 Deposit payable within 3 days of Signature Date R (minimum of R35, to secure) E3 Amount of Bond required, (if any) or Balance of Purchase R Value if Paying in Cash F BOND COSTS The Purchaser will be liable for payment of initiation and or valuation fees as may be charged by the bank and attorneys bond registration fees G SELLING AGENT H I ESTIMATED MONTHLY LEVY PAYABLE BY PURCHASER MORTGAGE ORIGINATOR MORTGAGE MAX Tel no (Sophia Vorster Tel no ) SUMMARY OF ANNEXURES Annexure A Annexure B Annexure C Annexure D Annexure E Annexure F Locality Plan Development Plan Unit Plan Specifications of Finishes Bond Instruction Exclusive Use Area Plan SOHO Agreement of Sale Page 6

7 STANDARD TERMS AND CONDITIONS 1. PREAMBLE 1.1 The Seller has agreed to sell and the Purchaser has agreed to purchase the Property to be established in terms of the Sectional Titles Act comprising: The Unit described as Section No. in extent approximately square metres in the Sectional Title Scheme to be known as "SOHO" as indicated on the Development Plan and Unit Plan, Annexure "B" and C hereto and Specification of Finishes Annexure "D" hereto An undivided share in the common property in the land and buildings as shown and more fully described on the Plans, apportioned to the said Unit in accordance with the participation quota of the said Unit Exclusive use of a Garden No. G, in extent approximately square metres and Parking No. P, in extent approximately square metres. The said exclusive use areas shall be allocated to the Purchaser in terms of Section 27A of the Sectional Titles Act. The Garden and Parking are indicated on the Exclusive Use Area Plan annexed hereto (marked F ). 1.2 The Sale is subject to the fulfilment of the conditions precedent recorded in this Agreement. 2. INTERPRETATION 2.1 In this Agreement, unless the context otherwise indicates: Acceptance of Handover Document means a formal document signed by the Purchaser (or his Agent/Proxy) on the Occupation Date after an occupation certificate has been issued by the City of Cape Town and/or after a Practical Completion certificate has been issued by the Architect, confirming that the Unit is ready for Beneficial Occupation; Architect means any registered architect as may be appointed by the Seller from time to time; Associations means the Parklands North Security Enclave Property Owners Association and the Parklands Home Owners Association of which the Purchaser shall become, and remain a member, for the duration of ownership; Bank Happy Letter means a formal document prepared in a format acceptable to the bank or other recognised financial institution providing a bond to the Purchaser as provided for in Clause 19 hereunder and signed SOHO Agreement of Sale Page 7

8 by the Purchaser (or his Agent/Proxy) at the instance of the bank or other recognised financial institution providing a bond Beneficial Occupation means the Property has water, power, sewerage, access and is thus liveable and ready for physical occupation "Body Corporate" means the controlling body of the Scheme as contemplated in terms of Section 36 of the Sectional Titles Act, which will come into existence with the transfer of the first Unit from the Seller to a Purchaser in this Scheme; "Building" means the building/s to be constructed on the Land; Chief Ombud means Chief Ombud as defined in Section 1 of the Community Schemes Ombud Service Act, 2010; Completion Date means the date upon which the Building Inspector employed by the local authority or Architect issues an Occupancy Certificate in respect of the Unit to the effect that the Unit is fit for beneficial occupation, or the date of handover of the keys of the Unit to the Purchaser, whichever date is earlier subject to the provision that in the event of a dispute, the Completion Date shall be certified as such by the Architect, whose decision as to that date shall be final and binding on the parties; Common Property" means common property as defined in the Sectional Titles Act; Developer means the party described as Seller in the Information Schedule Development Period" means the period from the establishment of the Body Corporate to the transfer of the last saleable sectional title unit in the Scheme or a period not exceeding twenty years from date of establishment of the body corporate, whichever is the longest; Exclusive Use Areas" means such parts of the Common Property reserved for the exclusive use and enjoyment of the registered owner for the time being of the Unit, in terms of Section 27A of the Sectional Titles Act which includes the Garden and Parking; FICA means the Financial Intelligence Centre Act, Act 38 of 2001, as amended from time to time; Information Schedule means the Information Schedule set out on pages 4, 5 and 6 hereof which shall be deemed to be incorporated in this Agreement and shall be an integral part thereof; Land" means the land on which the scheme is to be developed being Erf 6371 Parklands North; Occupation Certificate means a certificate issued by the City of Cape Town confirming that the Unit is ready for Beneficial Occupation; SOHO Agreement of Sale Page 8

9 Occupation Date means the date on which the Seller hands over the keys of the Unit to the Purchaser, or Transfer Date, whichever is the earliest; Prime Rate means a rate of interest per annum which is equal to the published minimum lending rate of interest per annum, compounded monthly in arrear, charged by ABSA Bank Limited on the unsecured overdrawn current accounts of its most favoured corporate clients in the private sector from time to time. (In the case of a dispute as to the rate so payable, the rate may be certified by any manager or assistant manager of any branch of the said bank, whose decision shall be final and binding on the parties.); Property means the Property as defined in clause 1.1; Purchaser means the party/ies described as such in the Information Schedule; Rules means the Management and Conduct Rules as Amended for the SOHO Sectional Title Scheme as prescribed in terms of Section 10(2)(a) and (b) of the Sectional Titles Schemes Management Act no. 8 of 2011, subject to the approval the Chief Ombud, and shall include any substituting rules, available on request from the Agent or Seller; Scheme" means the SOHO Sectional Title Development to be established on the Land, comprising of sectional title residential units, which development may take place in phases and which is situated on the Land as depicted on the Locality, Development and Unit Plans, Annexure s "A, B" and C hereto; Sectional Titles Act" means the Sectional Titles Act No 95 of 1986 (or any statutory modification or re enactment thereof) and includes the regulations made thereunder from time to time; "Sectional Plan" means the sectional plan/s prepared and registered in respect of the Scheme and includes extension plans to be registered in respect of the Scheme; Sectional Titles Schemes Management Act means the Sectional Titles Schemes Management Act No. 8 of 2011 (or any statutory modification or re enactment thereof) and includes the regulations made thereunder from time to time; Seller means the party described in the Information Schedule; Seller s attorneys means Bowman Gilfillan Incorporated of 1 ST Floor, 2 Heritage Square, Vrede Street, Durbanville, 7550 Tel (021) , sally.symons@bowmanslaw.com, Bowman s Trust Bank Account details, (Ref: W Hamer; Standard Bank Trust Account: BOWMAN GILFILLAN INCORPORATED, Account Number , Branch Code: ) or Kloppers Attorneys Inc, Durban, for purposes of bonds as per clause 19 hereunder; SOHO Agreement of Sale Page 9

10 Signature Date means the date upon which this Agreement is signed by the party who signs same last in time; Snags means aesthetic and detail finishing items not affecting the Beneficial Occupation of the Property; Snag List means a list furnished by the Seller to the Purchaser on Occupation Date, which list is to be completed by the Purchaser within 10 days after the Occupation Date, where the Purchaser may identify construction items inside the Property that are to be attended to by the Seller; Transfer Date means the date of registration of transfer of the Unit in the name of the Purchaser in the deeds office; Unit means the residential Sectional Title Unit to be constructed by the Seller on the Land for and on behalf of the Purchaser as envisaged herein; VAT means value added tax at the applicable rate in terms of the Value Added Tax Act No 89 of 1991 or any statutory re enactment or amendment thereof Works means all the activities which are required to be undertaken to erect a residential Unit on the Land for purposes of handover and transfer to the Purchaser; 2.2 The head notes to the paragraphs in this Agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate. 2.3 Words importing the singular shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine and neuter genders, and vice versa, and words importing persons shall include partnerships, trusts and bodies corporate, and vice versa. 2.4 If any provision in the Information Schedule, Clause 1 and/or this Clause 2 is a substantive provision conferring rights or imposing obligations on any party, then notwithstanding that such provision is contained in the Information Schedule, Clause 1 and/or this Clause 2 (as the case may be) effect shall be given thereto as if such provision was a substantive provision in the body of this Agreement. 3. SALE OF THE PROPERTY The Seller hereby sells and the Purchaser hereby purchases the Property, subject to and upon the terms and conditions contained in this Agreement. 4. PURCHASE PRICE AND METHOD OF PAYMENT 4.1 The Total purchase price of the Property shall be the amount stated in Clause E1 of the Information Schedule regardless of the final extent of the Unit as reflected on the Unit Plan attached marked Annexure C. SOHO Agreement of Sale Page 10

11 4.2 The Purchaser shall pay the Seller s attorneys the deposit for the Property as stated in Clause E2 of the Information Schedule within 3(three) days of signature of this Agreement by the Purchaser, which deposit shall be held in trust by the Seller s attorneys and invested in an interest bearing account in accordance with the provisions of Section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this Clause 4.2 shall constitute authority to the Seller s attorneys, in terms of Section 78(2A) of the Attorneys Act, to invest the deposit for the benefit of Purchaser pending registration of transfer. The proceeds of the investment on behalf of the Purchaser shall be used towards the payment of Bond costs payable by the Purchaser as per Clause 5.3 of this Agreement, and any mora interest which may be due in terms of the provisions of Clause 7 of this Agreement. 4.3 The Seller will not be bound to the Purchaser in terms of this Agreement until such time as the deposit referred to in Clause E2 has been paid to the Sellers attorneys trust account referred to in Clause 4.2 above. The Seller shall be entitled to accept further offers acceptable to the Seller, until such time as proof of payment of the deposit is furnished to the Seller or the Seller s Attorneys, by the Purchaser, as provided for in this Clause 4.3 In the event of the Seller accepting an offer to purchase the Property on terms and conditions acceptable to the Seller prior to receipt of such written notification, this Agreement shall be deemed ipso facto null and void. 4.4 Within 21 (twenty one) days after signature of this Agreement, the Purchaser shall furnish the Seller or the Seller s Attorneys, with an irrevocable guarantee issued by a registered commercial bank for the due payment of the balance of the purchase price of the Unit as referred to in Clause E3 of the Information Schedule, or in the event of the Purchaser requiring a mortgage bond for purposes of acquiring the Unit in the amount recorded in Clause E3 of the Information Schedule, within 21 (twenty one) days of securing a mortgage bond as provided for in Clause 19.1 hereunder. Should the Purchaser fail to comply with this Clause 4.4, the contract will be deemed null and void. 4.5 Or alternatively to the delivery of the guarantee referred to in Clause 4.4 above, the Purchaser shall within the same time periods as provided for in the aforesaid clause, pay into the trust account of the Seller s attorneys, the balance of the purchase price of the Unit as referred to in Clause E3 of the Information Schedule, to be held by such attorneys in an interest bearing trust account, interest to accrue for the benefit of the Purchaser until the date upon which payment of the relevant amount falls due to the Seller. The Purchaser hereby irrevocably authorises the attorneys to release from the funds so received, the payments due to the Seller in terms of the provisions of this Agreement. 4.6 The Seller, at its sole discretion may elect to extend the periods as mentioned in clause 4.4 and/or 4.5 above. 4.7 All amounts payable by the Purchaser in terms of this Agreement shall be paid to the Seller s attorneys free of bank charges or commission at Cape Town and without SOHO Agreement of Sale Page 11

12 deduction or set off by means of a bank guaranteed cheque or a cheque drawn by a registered South African commercial bank. 4.8 The Total Purchase Price of the Unit as recorded in Clause E1 of the Information Schedule shall be paid to the Seller on date of registration of transfer. 5. TRANSFER OF THE PROPERTY 5.1 Transfer of the Unit shall be passed by the Seller s attorneys and shall be given and taken as close as possible to the estimated Completion Date. 5.2 The Seller shall be responsible for payment of the transfer costs of the Seller s attorneys insofar as it relates to the transfer of the Unit (plus VAT on such costs), costs of all necessary affidavits and all other costs which have to be incurred in order to comply with the statutes or other enactments or regulations relating to the passing of transfer of the Unit and Exclusive Use Areas. 5.3 The Purchaser shall be responsible for payment of all bond costs (if any) (plus VAT on such costs), costs of all necessary affidavits initiation and valuation fees charged by the bank and all other costs which have to be incurred in order to comply with the statutes or other enactments or regulations relating to the mortgage of the Property. 5.4 The Purchaser shall within 7 (seven) days of being called upon to do so by the Sellers attorneys, furnish all such information, sign all such documentation as may be necessary or required to enable the Sellers attorneys to pass transfer and to register any bond. 5.5 In particular the Purchaser must ensure that his tax affairs and the tax affairs of his representatives, if applicable, are up to date as required by SARS to facilitate prompt issue by SARS of the Transfer Duty Exemption. 5.6 Subject to the provisions of the Act, the Purchaser shall not, by reason of any delay in the transfer of the Property to him due to any cause whatsoever, be entitled to cancel this contract or to refrain from paying, or suspend payment of, any amount payable by him in terms of this agreement or to claim and recover from the Seller any damages or compensation or any remission of rental. 6. RIGHTS OF SELLER: 6.1 Pending establishment of the Body Corporate, the Seller shall be entitled to: make Management and Conduct Rules for the use and enjoyment of the Common Property; enter the Property at all reasonable times or to authorize it agents or workmen so to enter, to inspect same or to carry out repairs; SOHO Agreement of Sale Page 12

13 6.1.3 to exercise all the rights and powers which a Body Corporate would be entitled to exercise in terms of the Act in respect of the Building, the Land and the owners and/or occupants of Units. 6.2 The Purchaser hereby appoints the Seller's nominee, irrevocably and in rem suam and with power of substitution, to be his lawful agent and attorney: to convene a meeting of the Body Corporate and there to vote in favour of any resolution of the Body Corporate to amend the Rules or pass any other resolution as may be required: by any bondholder for the grant of its consent to the opening of the sectional title register; by the local or provincial authority and/or by a mortgagee prior to the grant of a sectional mortgage bond over a Unit in the Scheme; by the Seller in order to ensure the proper and efficient management and control of the scheme, or to ensure that the developer is able to exercise in full his rights to further develop the scheme to bind the Body Corporate to the pre negotiated Services Contract concluded with a Managing Agent to sign all documents necessary or required to comply with the Purchaser's obligations in terms of this Agreement. 6.3 Conditions have been/will be imposed by the Seller (as Developer) in terms of Section 11(2) of Act 95 of 1986 which conditions are/will be filed with the records of the Deeds Registry. 6.4 Monthly Levies due to the SOHO Body Corporate by the Purchaser upon Transfer of their property, will instead be paid by the Developer from date of said transfer until 31 December The Purchaser will be responsible for the payment of Body Corporate levies on their property from 1 st January 2019 onwards. 7. MORA INTEREST 7.1 This Clause 7 shall be read in conjunction with Clause 4.2 relating to PURCHASE PRICE AND METHOD OF PAYMENT above, and Clause 35 relating to MORA INTEREST BREACHES BY Purchaser. 7.2 In the event of there being any delay in connection with the registration of transfer for which the Purchaser is responsible, then, without prejudice to any other rights of remedies the Seller has in terms of this Agreement; SOHO Agreement of Sale Page 13

14 7.2.1 the Purchaser agrees to pay interest on the full purchase price at the prime interest rate plus 4% as certified by any commercial bank, from time to time calculated from the date the Purchaser is notified in writing by the Seller (or the Seller s agent) as being in mora, to the date upon which the Purchaser has ceased to be in mora, both days inclusive. A certificate by any Branch Manager of such commercial bank, shall be prima facie proof of such prime interest rate The Purchaser shall be liable for a pro rata share of rates, taxes and other proprietary charges payable in respect of the Property with effect from the Transfer Date, or Occupation Date, whichever occurs first. 8. POSSESSION, OCCUPATION, RISK AND PROPRIETARY AND MUNICIPAL CHARGES 8.1 The Seller shall give the Purchaser possession of the Unit on the Transfer Date. 8.2 All risk and benefit in the Property shall be passed to the Purchaser on the Transfer Date. 8.3 The Purchaser shall be liable for a pro rata share of rates, taxes, levies and other proprietary charges payable in respect of the Unit and Exclusive Use Areas with effect from the Transfer Date, or Occupation Date, whichever occurs first. 8.4 The Purchaser shall refund to the Seller a proportionate share of such charges paid by the Seller in advance and the Purchaser shall on demand pay to the Seller s attorneys an estimated pro rata portion of such rates etc. in advance to enable the said Seller s attorneys to pay such rates etc. before the Transfer Date. 8.5 Any deposits or payments paid by the Seller for and on behalf of the Purchaser shall be refundable by the Purchaser immediately after the Seller has effected payment thereof. 8.6 In the event that occupation is given to the Purchaser, whether taken or not, prior to the Transfer Date, the Purchaser shall be liable towards the Seller for occupational interest of 1% of the total purchase value, per month, payable from the Occupation Date (pro rata) in advance towards the Seller. The Purchaser shall however not be entitled to take occupation of the Property until such time as: the Sellers attorneys secured the full purchase price in cash or, in case of a mortgage loan, a bank guarantee; the Purchaser has signed all the Sellers attorneys documentation; the Purchaser (or his Agent) has signed the Acceptance of Handover Document that the Unit is ready for beneficial occupation. Once the aforesaid have been complied with, the Seller and/or his Agents will make arrangements with the Purchaser for the delivery of the keys to the Unit. SOHO Agreement of Sale Page 14

15 8.7 The Seller shall notify the Purchaser once the City of Cape Town issued the Occupation Certificate, certifying that the Unit is ready for Beneficial Occupation, where after the Purchaser shall, within 3 days of such notice, be obliged to inspect the Unit with the Seller or his Agent, and sign the Acceptance of Handover Document after such inspection. 8.8 In the event that the Purchaser delays the signing of the Acceptance of Handover Document by not attending to the inspection with the Seller or his Agent within the 3 day period as per Clause 8.7 above, then ipso facto, i.e. automatically, on the fourth calendar day the Purchaser will be deemed to be in mora and liable to payment of interest on the full purchase price, as set out in Clause above. 9. DEVELOPER: LIABILITY FOR DEFECTS 9.1 The Property is sold subject to the conditions, reservations and servitudes contained in the sectional title register and such conditions of sectional title as may be imposed by the Developer, the City of Cape Town or any other authority. Save as provided for in the Consumer Protection Act and this Agreement to the contrary, the Purchaser purchases the Property voetstoots and shall have no claim against the Seller respect of defects whether latent or patent in the Property or the Common Property of the Scheme. 9.2 The Seller shall notify the Purchaser of the issue of the Occupation Certificate by the City of Cape Town. The Seller (or his Agent) and Purchaser shall inspect the Unit and shall complete and sign Acceptance of Handover Document after such inspection. 9.3 The Purchaser shall in writing, within 10 days of taking occupation, identify all Snags in the Unit on the Snag List provided by Seller, where after the Seller shall attend to such snags within 3 (three) months of the Purchaser taking occupation. 9.4 If there is any dispute regarding the existence or extent of any defect referred to in Clause 9.3 above, the matter shall be referred to the Architect, whose decision shall be final and binding upon the parties. 9.5 The Seller shall within a reasonable time remedy any defect in respect of roof leaks and gutter leaks in the Building which may manifest themselves within 1 year after the Occupation Date provided that the Purchaser notifies the Seller in writing within the said period of 1 year of any such defects, failing which, the Purchaser shall be deemed to have accepted the Property in the condition in which the same are as at the Occupation Date. 9.6 The Seller shall within a reasonable time remedy any material structural defects in the Building which may manifest themselves within 5 (five) years after the Occupation Date provided that the Purchaser notifies the Seller in writing within the said period of 5 years of any such defects, failing which, the Purchaser shall be deemed to have accepted the Property in the condition in which the same are as at the Occupation Date. SOHO Agreement of Sale Page 15

16 9.7 It is inevitable that hairline cracks occur. These cracks are not of a structural nature and are caused by shrinkage and movement between building materials or settlement. These cracks are considered normal maintenance. The Seller shall not repair any cracking of this nature. 9.8 The Seller shall not be held responsible for any mould growth caused by lack of ventilation and / or condensation. 9.9 Approved windows and doors are used in construction, the Seller shall not be held responsible for doors and windows slamming in windy conditions or any damage cased thereby No window and door is completely weatherproof during heavy wind and storm conditions. Windows and doors are manufactured to comply with certain allowable tolerances and movement that will allow these to function in a proper manner under normal conditions. The Seller is not in control of this, and therefore shall not be held responsible for wind and rain that may enter under these conditions All warranties and undertakings given by the Seller to the Purchaser in terms of this Agreement are personal to the Purchaser who shall not be entitled to cede, assign or make over its rights thereto. 10. BUILDING ON THE PROPERTY 10.1 The Seller undertakes in a proper and workmanlike manner to erect the Unit and Exclusive Use Areas on the Land substantially in accordance with the Locality, Development and Unit Plans and Specifications of Finishes attached hereto as Annexures A to F The Seller will supply all material and labour required for the Scheme. In the event of any discrepancy arising between the Plans and Specifications of Finishes, the provisions of the Specifications of Finishes shall prevail The Purchaser acknowledges that the Seller shall be entitled to appoint subcontractors in respect of the whole or any part of the Scheme, but shall notwithstanding such appointment remain liable to the Purchaser in terms hereof. 11. CONSTRUCTION OF THE PROPERTY AND THE SCHEME The Seller shall erect a Unit and Scheme on the Land on the terms and conditions as provided for herein to include: 11.1 The Unit and Scheme shall be erected and completed on the Land substantially in accordance with the Plans and Specifications annexed hereto as Annexure s A to E and initialled by both parties for identification purposes ("the Unit and Scheme") Extras, variations and omissions shall mean all work, which cannot reasonably be inferred from the Unit Plan and Specifications annexed hereto as Annexure s C and D. SOHO Agreement of Sale Page 16

17 11.3 The Seller shall commence the building work within a reasonable period and shall complete the Unit as close as possible to the Estimated Occupation/Completion Date referred to in Clause D of the Information Schedule and in accordance with the approved building plans and the Specifications The Purchaser will be given the opportunity to choose certain finishes from the selection to be made available by the Seller. The Purchaser undertakes to finalise this choice of finishes within the time period granted by the Seller. The Seller shall not guarantee the colour, texture or availability of such finishes, and upon being advised by the Seller that the finishes selected are not available, the Purchaser shall forthwith choose alternatives thereto. In the event that the Purchaser is unavailable to make the necessary choices, then the Seller will be authorised to make such choices in cases where delays are likely to be caused by the unavailability of the Purchaser In the event of the building work being delayed by non availability for any materials, plant or labour, accident on work site for which the Seller is not responsible, bad weather, viz major or other reasonable cause the Seller shall not be liable to the Purchaser for any damages caused by the delay If commencement of construction of the Unit is delayed for longer than a period of 6 months after the scheduled Commencement of Construction Date for any reason other than a reason attributable to the fault and/or omission of the Seller, then the Seller shall be entitled in its sole discretion to resile from this Agreement, with neither party having any further claim against one another, other than a refund to the Purchaser of the deposit paid in terms of Clause E2 of the Information Schedule, or alternatively claim an adjustment to the purchase price in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. In the event of the parties not being able to reach agreement as to the adjustment to the purchase price, then a quantity surveyor appointed by the Seller shall determine the dispute and the quantity surveyor s determination shall be final and binding on the parties The Seller shall endeavour to complete the Unit by the Estimated Occupation Date referred to in Clause D of the Information Schedule, subject to the provisions of Clause below The Seller shall give to the Purchaser not less than 20 days notice in writing of the anticipated Completion Date of the Unit, provided, however, that the Seller shall, after having given the Purchaser notice as contemplated aforesaid, be entitled to postpone the Completion Date by giving further notice to the Purchaser to this effect within 10 days after dispatch by the Seller of the first notice mentioned herein For purposes aforesaid, the issue of an Occupancy Certificate by the Building Inspector employed by the relevant local authority or Architect shall constitute the Completion Date of the Unit or the day the Purchaser takes hand over of the keys, whichever is earlier as per Clause above. SOHO Agreement of Sale Page 17

18 11.10 The occurrence of the event detailed in Clause 11.9 above shall constitute complete proof of the satisfactory completion of the Unit by the Seller and the Seller shall be discharged completely from all obligations expressed or implied under this Agreement and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided herein Notwithstanding anything elsewhere provided for in this Agreement all amounts owing in terms of this Agreement which have not already been paid in terms of the provisions of this Agreement shall be forthwith payable on the Completion Date The Purchaser acknowledges that any extension of period granted by the Seller for the fulfilment of any suspensive conditions in term of this Agreement may cause a delay of the Estimated Completion Date. The Seller shall not be held liable for any delays caused by such extensions The Estimated Completion Date is 4 to 5 months after the commencement of the construction date of this Agreement, provided that any and/or all suspensive conditions of this Agreement has been fulfilled, excluding any delays provided for in terms of this Agreement The Purchaser shall not be allowed on the building site, nor interfere with building operations on the building site or issue any instructions to the Seller s contractor/s or subcontractor/s during the construction period, without specific authorization from the Seller. 12. SITING AND FINISHES OF BUILDINGS 12.1 Should it for any reason in the Seller s sole discretion be required, the Seller shall be entitled to make the necessary changes where it in its sole discretion considers it necessary to alter the siting of the Unit, Exclusive Use Areas or out buildings from the positions shown on the Development Plan and drawings forming part of the Annexure s hereto, subject to the condition that any additional costs incurred in making these alterations shall be borne by the Seller In the event of an error in the siting of the Unit, Exclusive Use Areas or out buildings by the Seller such error shall not be deemed to constitute a breach of this Agreement by the Seller and the Seller shall have the right and the Purchaser hereby automatically authorises the Seller to make such amendments, alterations or modifications to the Plans and/or Specifications and/or the Unit, Exclusive Use Areas or outbuildings as may be necessary in order to legitimise the erroneous siting thereof or if necessary to resite the same so as to comply with any law, bylaw, regulation, condition of title or the like, which would otherwise have been breached by such erroneous siting s of the Unit, Exclusive Use Areas or out buildings The Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller for damages as a result of a change of or an error in the siting of the Unit, Exclusive Use Areas or out buildings. SOHO Agreement of Sale Page 18

19 12.4 The placement of any boundary wall to the Land, is determined by the Architect, accordingly such boundary wall may, or may not, form part of the Land. 13. VARIATIONS 13.1 The Seller shall not be obliged to agree to any additional works or changes to the Unit as may be requested by the Purchaser. Any agreed changes as may be required by the Purchaser must be paid for to the Seller on request, otherwise the works shall proceed as per the Specifications of Finishes and Plans. The Seller shall not be liable for any delay in the completion date of the Unit should such delay be attributed to variations required by the Purchaser. The Purchaser shall further be liable for any and all costs attributed to delays caused by the Purchaser, which delays and costs will be communicated to the Purchaser, by the Seller, prior to commencement of such works The Purchaser shall not under any circumstances be permitted to issue any instructions directly to the building contractors. All matters related to the Unit and Scheme shall be directed to the appointed Agent of the Seller in writing. 14. RULES AND TITLE CONDITIONS 14.1 The Property is sold subject to such Rules, conditions, restrictions, servitudes and other provisions set out or referred to in the Title Deed and / or approved sectional title plan of the aforementioned Scheme, and all such conditions, servitudes and /or restrictions and/or changes that may be imposed by the Seller, any professional consultant of the Seller or any local or regional authority as a condition of rezoning, subdivision or building plan approval. The Purchaser/s hereby confirms that he/she will familiarize him /herself with the Rules, to be approved by the Ombud, and should the Purchaser not agree/accept the said Rules, the Purchaser shall address such concerns with the trustees of the Body Corporate or the Ombud once the Purchaser is a member of the Scheme The Purchaser acknowledges that he has acquainted himself with the nature, condition, and locality of the Property and Scheme. The Purchaser will have no claim whatsoever against the Seller for any deficiency in the size of the Property within a variance of 5%, which may be revealed on any re survey nor shall the Seller benefit from any possible excess Notwithstanding anything previously provided, the Seller shall under no circumstances be responsible for damage and/or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Homeowners Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The Seller shall furthermore under no circumstances be liable for any consequential loss or damages In the event of there being any dispute between the parties as regards the matter of whether any item complained of by the Purchaser constitutes a defect covered by the guarantee and/or any dispute relating to the repair of the defect, such dispute will be SOHO Agreement of Sale Page 19

20 determined by the Architect whose determination shall be final and binding on the parties Such guarantees as may be received by the Seller in respect of any item incorporated in the Property shall, to the extent that the Seller is entitled to do so, be passed on to the Purchaser with effect from the Completion Date. 15. VALUE ADDED TAX 15.1 Unless the context of the clause concerned clearly indicates that the amount concerned is exclusive of VAT, all amounts provided for in this Agreement shall be inclusive of VAT All or any VAT payable by the Purchaser in terms of this Agreement arising from the supply of any goods and/or services (as defined in the Value Added Tax Act No 89 of 1991 or any statutory re enactment or modification thereof) by the Seller to the Purchaser in terms of this Agreement shall become due for payment and shall be paid by the Purchaser forthwith upon presentation of the relevant invoice by the Seller to the Purchaser Any dispute which may arise between the Seller and the Purchaser as to the liability for and/or payment of VAT or the amount thereof in terms of Clause 15.2 above shall be referred to the auditors of the Seller for the time being for decision and their decision shall be final and binding as between the parties and carried into effect. 16. COMPLIANCE WITH STATUTES AND BY LAWS The Seller shall ensure that the Unit and Scheme is constructed in conformity with the provisions of any legislation in force affecting the said Unit and will give all necessary notices to, and obtain the requisite sanction of, the local authority, in respect of the said Unit and generally ensure that the building and other regulations of such authority be complied with. 17. PUBLIC LIABILITY INSURANCE The Seller or alternatively, the appointed contractor to attend to the construction of the Unit and Scheme, shall reasonably insure against public liability on or around the Unit and Scheme from the commencement of building operations until completion of the Unit in terms of this Agreement and until the risk in the Unit has passed to the Purchaser in terms of this Agreement. 18. NATIONAL HOMEBUILDERS REGISTRATION COUNCIL 18.1 It is recorded that the Seller is registered with the National Homebuilders Registration Council (NHBRC Registration Number: ) and that the Unit shall be enrolled by his appointed contractor CAPE CON PROPERTY DEVELOPERS WESTRN CAPE (Pty) Ltd t/a CAPE CON, (NHBRC Registration Number: 11728) The registration levy to be payable to the National Homebuilders Registration Council arising from the aforementioned registration shall be paid by the Seller. SOHO Agreement of Sale Page 20

21 18.3 The building shall be constructed as per the guidelines prescribed in the Housing Consumer Protection Measures Act, 1998 (as amended), and National Building Regulations where applicable. 19. BOND Should the Purchaser signify on the Information Schedule that he shall require a loan to part finance the acquisition of the Unit against the security of the mortgage bond to be registered over the Unit, then: 19.1 This Agreement is subject to the Purchaser obtaining the approval of a loan in principle from a bank or other recognized financial institution for the amount (if any) stated in Clause E3 of the Information Schedule within 21 (twenty one) days of the Signature Date or such extended period as the Seller in its sole discretion may determine Should the Seller elect to extend the period within which its loan is to be granted, the Seller and/or its agent shall be entitled to apply for the loan to any financial institution on behalf of the Purchaser and the Purchaser hereby grants to the Seller and/or its agent an irrevocable power of attorney in rem suam to make application on its behalf in this regard for the duration of the extended period; 19.3 The Purchaser agrees to make use of the services of MORTGAGE MAX Tel no (Sophia Vorster Tel no ) as the mortgage originator for the loan referred to in clause 19.1 above or any other mortgage originator appointed by the Seller; 19.4 If the Purchaser intents on making use of a private banker, the Purchaser undertakes to inform the mortgage originator with the name and contact details of such private banker, within 3 days of Signature Date The Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan. Without derogating from the generality of the aforegoing, the Purchaser shall make a written application for the loan within 3 days after Signature Date and should such application be unsuccessful, the Purchaser shall, until the expiry of the initial period or the extended period (as the case may be) nevertheless continue to use its best endeavours and to do all things that may be necessary in order to obtain the loan elsewhere; The Purchaser undertakes to ensure, by completing and signing the attached Annexure E to this Agreement, when applying for a mortgage loan through a private banker, that the financial institution from which the Purchaser obtains the loan, instructs Bowman Gilfillan Attorneys to attend to the registration of such bond or any other attorneys as determined by Bowman Gilfillan Attorneys, due to the fact that this transaction forms part of a development sale by the Seller, which is being attended to by the Sellers attorneys. The Purchaser shall furnish the mortgage originator with the said Annexure E, as proof, within 3 days of Signature Date. SOHO Agreement of Sale Page 21

22 19.6 All costs to be associated with the registration of the mortgage bond to secure the loan to be taken up by the Purchaser shall be for the account of the Purchaser Upon the issue to the Purchaser by the said financial institution of a written quotation and a written pre agreement statement (as contemplated in Section 92 of the National Credit Act, No 34 of 2005) in respect of the mortgage loan in the said amount recorded in E3 of the Information Schedule whether or not such quotation or pre agreement statement is accepted by the Purchaser, the mortgage loan shall be deemed to have been approved The Purchaser shall accept the pre agreement statement (as contemplated in Section 92 of the National Credit Act, No 34 of 2005) in respect of the mortgage loan in the said amount recorded in E3 of the Information Schedule within 7 days of issue to the Purchaser by the said financial institution In the event that the Purchaser delays the signing of the Acceptance of the pre agreement statement (as contemplated in Section 92 of the National Credit Act, No 34 of 2005) within the 7 day period as per Clause 19.8 above, then ipso facto, i.e. automatically, on the eighth calendar day the Purchaser will be deemed to be in mora and liable to payment of interest on the full purchase price, as set out in Clause above 20. BROKERAGE 20.1 The parties record that the Agent named in the Information Schedule was the effective cause of this transaction The Seller shall pay the brokerage to the said Agent in accordance with the terms of the mandate granted to the Agent by the Seller The Purchaser warrants and undertakes to the Seller that neither the Seller nor the Unit was introduced to the Purchaser by any party other than the Agent referred to in Clause 20.1 above and indemnifies the Seller against any claim for commission arising from any breach of this warranty. 21. CANCELLATION 21.1 In the event of the Purchaser refusing or failing to comply punctually with any of his obligation in terms of this Agreement and provided that 7 (seven) days has elapsed after receipt by the Purchaser of a written demand to comply with the said obligation(s), the Seller shall be entitled to: SOHO Agreement of Sale Page 22

23 cancel this Agreement, and to retain all monies paid as "rouwkoop" and liquidated damages, without prejudice to his rights to claim damages from the Purchaser; or to claim specific performance from the Purchaser, i.e. that the Purchaser complies with all his obligations in terms of the Agreement, including, but not limited to payment of all legal costs, pro rata rates, taxes and levies In the event of the Purchaser being provisionally or finally sequestrated or liquidated, the Seller shall enjoy the same rights as set out above. 22. ARBITRATION 22.1 Any dispute, question or difference arising at any time between the parties to this Agreement out of or in regard to any matters arising out of; or the rights and duties of any of the parties hereto; or the interpretation of; or the termination of; or any matter arising out of the termination of; or the rectification of this Agreement, shall be submitted to and decided by arbitration on notice given by either party to the other of them in terms of this clause There will be one arbitrator who will be, if the question in issue is: primarily a legal matter, a practicing advocate or attorney of not less than ten years' standing; primarily a technical matter, an architect or quantity surveyor, depending on the nature of the dispute The appointment of the arbitrator will be agreed upon between the parties to the dispute, but failing agreement between them within a period of fourteen days after the arbitration has been demanded, any of the parties to the dispute shall be entitled to request the Chairman for the time being of the Cape Bar Council to make the appointment and who, in making his appointment, will have regard to the nature of the dispute The arbitrator shall have the powers conferred upon an arbitrator in the Arbitration Act No. 42 of 1965, as amended or re enacted in some other form from time to time but will not be obliged to follow the procedures described in that Act and will be entitled to decide on such procedures as he may consider desirable for the speedy determination of the dispute The arbitration shall be held in Cape Town in accordance with the provision of the Arbitration Act referred to above, save that the arbitration shall be informal and the parties shall not be entitled to legal representation but shall be represented solely by themselves or in the case of a company or a business, by a member or members of their full time management or of their boards of directors, it being the agreed intention that, if possible, the arbitration shall be held and concluded as soon as is reasonably practical after it has been demanded. SOHO Agreement of Sale Page 23

24 22.6 The decision of the arbitrator, including any order as to the costs of the arbitration, shall be final and binding on the parties and may be made an order of any court of competent jurisdiction This clause is severable from the rest of the Agreement and shall therefore remain in effect even if this Agreement is terminated. 23. CAPACITY OF PURCHASER If the Purchaser signs this Agreement as a principal in terms of a contract for the benefit of a third party, the latter being a company or close corporation to be incorporated the Purchaser in his personal capacity shall be regarded as the Purchaser in terms of this Agreement unless the said company or close corporation is incorporated and duly adopts and ratifies this Agreement within 60 (sixty) days after the date upon which the Seller signs this Agreement. In the event of the said company or close corporation being duly incorporated and adopting and ratifying this Agreement in terms as set out above then the Purchaser, by his signature hereto, hereby interposes and binds himself in favour of the Seller as surety and co principal debtor in solidum with such company or close corporation for the due and timeous performance by it of all of its obligations as Purchaser in terms of this Agreement. 24. GENERAL 24.1 This Agreement constitutes the sole and entire agreement between the parties and no warranties, representations, guarantees or other terms and conditions of whatsoever nature not contained or recorded herein shall be of any force or effect No variation of the terms and conditions of this Agreement or any consensual cancellation thereof shall be of any force or effect unless reduced to writing and agreed by the parties or their duly authorized representatives No indulgence, which the Seller may grant to the Purchaser, shall constitute a waiver of any of the rights of the Seller who shall not thereby be precluded from exercising any rights against the Purchaser which may have risen in the past or which might arise in the future The Purchaser warrants that all consents required in terms of the Matrimonial Property Act No. 88 of 1984 have been duly furnished It is hereby recorded that the headings to the clauses in this Agreement are inserted for information only and will have no relevance in the interpretation thereof. The singular shall be deemed to include the plural (and vice versa) and the one sex the other. 25. PHASED DEVELOPMENT: SOHO Agreement of Sale Page 24

25 25.1 The Purchaser acknowledges that the Seller intends to extend the Scheme by erecting and completing from time to time further buildings on specified parts of the Common Property, to divide such Buildings into sections and Common Property and confer the right of exclusive use over parts of such Common Property upon the owner or owners of one or more of such sections and to reserve its right in this regard in accordance with provisions of section 25(1) of the Act The Purchaser shall be obliged to allow the Seller or its successor in title ("the Developer") to exercise its right to develop the sections in the manner envisaged herein, and shall not be entitled to interfere with or obstruct the Developer in any way from erecting the said Buildings on the Common Property. 26. RE SALE OF PROPERTY In order to ensure the Purchaser does not compete with, nor impede the Seller in the marketing and sales of the Units, the Purchaser shall not be entitled to market and sell the Property prior to the Seller having sold the entire Scheme to end users. 27. PROPERTY OWNERS ASSOCIATIONS 27.1 The Purchaser agrees and acknowledges that the Unit is situated in the Parklands North Security Enclave Property Owners Association and the Parklands Home Owners Associations ( collectively referred to as the Associations ), and as such, the Purchaser shall automatically become and remain a member of the Associations against transfer, as long as the Purchaser is the registered owner thereof The Purchaser acknowledges that he/she will view, read and understand the Associations Constitutions, Rules, Regulations and Architectural Guidelines (collectively referred to as the Association s Rules ) on the Sellers website at and agrees to abide by the Association s Rules and to pay any monthly and/or once off contributions payable thereto in terms of the Association s Rules The Purchaser shall be liable to pay a Joining Levy of R2000 to the Associations, and an estimated monthly levy of R per month The Seller shall register a title deed condition against the Unit in terms of which the Property shall not be transferred without the written consent of the Associations in terms of the Constitution The Purchaser acknowledges that until such time as all the buildings on the properties forming part of the SOHO Sectional Title Development have been completed, the Seller shall be entitled to approve all building plans on behalf of the Associations. SOHO Agreement of Sale Page 25

26 27.6 The Purchaser authorizes the Seller to sign, as agent of the Associations, any such waivers or consents as may be required by the financial institutions who will register mortgage bonds over properties forming part of the SOHO Sectional Title Scheme. 28. CERTIFICATE OF COMPLIANCE OF WATER INSTALLATION AND ELECTRICAL CERTIFICATE The Seller shall, before Transfer Date and at his expense, submit a Certificate from an accredited plumber to the City of Cape Town Municipality, certifying that the water supply to the Unit confirms with the requirements stipulated in Section 14 of the City of Cape Town: Water By law, 2010, namely that: (a ) the water installation conforms to the National Building Regulations and this By law; (b ) there are no defects which can cause water to run to waste; (c ) the water meter registers; and (d ) there is no discharge of storm water into the sewer system. The Seller undertakes to submit the said Certificate to the City of Cape Town via fax or , and to furnish proof of such submission to the Sellers attorneys. Insofar as the accredited plumber appointed by the Seller to provide such Certificate requires corrective work to be carried out as a precondition to the issue thereof, the Seller will procure such work is carried out at his cost and expense. The Seller further undertakes to furnish the Purchaser, prior to transfer, with a certificate of compliance issued by an accredited person, declaring that the electrical installation in the Unit (up to and including the distribution board) complies with the provisions of Regulation 4(1) of the Electrical Installation Regulations of the Machinery and Occupational Safety Act. 29. JURISDICTION The parties hereby consent in terms of Section 45 of the Magistrate's Court Act No. 32 of 1944, as amended, to the jurisdiction of the Magistrate's Court of any district having jurisdiction in terms of Section 28(1) of the said Magistrate's Court Act in any action or court procedure instituted by the Seller arising out of this Agreement. Notwithstanding the above, the Seller shall be entitled to institute any action or court procedure against the Purchaser arising out of this Agreement in any Court having jurisdiction HOUR CLAUSE The Seller can, before the suspensive conditions in this Agreement (first transaction) are fulfilled, accept subsequent offer(s); which will not be subject to any suspensive conditions or whereof all suspensive conditions have already been fulfilled. The Purchaser in respect of the first transaction then has 72 hours in which to comply with the suspensive conditions in the first transaction. The 72 hours are not applicable during weekends and public holidays. The 72 hours commence when the Purchaser or his agent in respect of the first transaction: 1) Is notified in writing of any subsequent offer(s) between 08h00 and 17h00; 2) Receive a copy of the subsequent offer(s); 3) Receive proof that all suspensive conditions of the subsequent offer(s) have been fulfilled, including bond approval with conditions acceptable for the SELLER; and SOHO Agreement of Sale Page 26

27 31. CO OPERATION 4) Any shortfall on the Purchaser price of the subsequent offer(s), not covered by cash or bond (if applicable), is secured by a guarantee delivered to the Seller s attorneys Each of the parties hereby undertakes to: sign and/or execute all such documents (and without limiting the generality of the aforegoing, same shall include the execution of the necessary power of attorney and transfer duty declarations); do and to procure the doing by other persons, and to refrain and procure that other persons will refrain from doing, all such acts; and pass, and to procure the passing of all such resolutions of directors or shareholders of any company, or members of any close corporation, or trustees of any trust, as the case may be; to the extent that the same may lie within the power of such party and may be required to give effect to the import or intent of this Agreement, and any contract concluded pursuant to the provisions of this Agreement The Purchaser undertakes to sign all necessary transfer and bond documentation and to pay all costs relating thereto within 7 days of the date of despatch of written notice from the Seller s attorneys to do so. 32. NOTICES AND DOMICILIA 32.1 Each party chooses as his domicilium citandi et executandi his address as set out in the Information Schedule, at which address all notices and legal processes in relation to this Agreement or any action arising therefrom may be effectually delivered and served Any notice given by one of the parties to the other (the "addressee") which: is delivered by hand to the addressee's domicilium citandi et executandi shall be presumed, until the contrary is proved, to have been received by the addressee on the date of delivery; or is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee's domicilium citandi et executandi shall be presumed, until the contrary is proved, to have been received by the addressee on the fifth day after the date of posting; or is delivered by fax and / or shall be presumed, until the contrary is proved, to have been received by the addressee on the date of delivery Either party shall be entitled, on written notice to the other, to change the address of his domicilium citandi et executandi. SOHO Agreement of Sale Page 27

28 33. DIRECT MARKETING AND COOLING OFF PERIOD 33.1 In complying with the Consumer Protection Act, certain portions of the Agreement have been printed in bold. The reason for this is to specifically draw the Purchaser s attention to these paragraphs as they either: limit in some way the risk or liability of the Seller or any other person; constitute an assumption of risk or liability by the Purchaser; impose an obligation on the Purchaser to indemnify the Seller or any other person for some cause; or is an acknowledgement of a fact by the Purchaser The Purchaser, in the event of having concluded this Agreement as a result of Direct Marketing as defined in the provisions of the Consumer Protection Act No. 68 of 2008, confirms that he/she/it has been informed of his rights as provided for in Section 16 read with Section 20 (2) (a) of the aforementioned Act, to rescind a transaction, without reason or penalty, within 5 (five) business days after the later of the date on which: the transaction or Agreement was signed; or the goods that were the subject of the transaction were delivered to the consumer Further to the provisions of Clause 34.2 above, the Purchaser hereby warrants that this Agreement has not been concluded as a result of direct marketing, and the Seller enters into this Agreement relying entirely upon such a warranty by the Purchaser In the event of this Agreement being subject to the provisions of Section 16 read with Section 20 (2) (a) of the aforementioned Act, it shall be deemed to be a resolutive condition to the effect that the Seller shall be entitled, in his sole discretion, to declare this Agreement null and void, whereafter all amounts paid by the Purchaser, will be refunded and possession and occupation of the Property, will be returned to the Seller Kindly ensure that before signing this Agreement that you have had an adequate opportunity to understand these terms. If you do not understand these terms or if you do not appreciate their effect, please ask for an explanation and do not sign the Agreement until the terms have been explained to your satisfaction The Sale of this property therefore constitutes a special order as may be contemplated by Section 17 of the Consumer Protection Act No. 68 of MORA INTEREST BREACH BY PURCHASER 34.1 Should the Purchaser commit any of the following mora interest breaches in terms of this Agreement, and/or fails to comply with any of the provisions hereof, namely: SOHO Agreement of Sale Page 28

29 failure to pay the balance purchase price as set out in Clause E3 of the Information Schedule, in the stipulated timeframe set out in Clause 4.5 of this Agreement; failure to complete and sign Annexure E to this Agreement in order to ensure that Bowman Gilfillan attend to the registration of the mortgage loan; and failure to attend to the signing of the required transfer and mortgage loan documents (if any) in the timeframes stipulated in Clause 9.7 of this Agreement; then ipso facto, i.e. automatically from the 7 th day until the date on which such breach is remedied, both days inclusive the Purchaser shall be in breach of the Agreement and will be liable to pay the Seller penalty interest on the full purchase price, in addition thereto, the Seller shall be entitled to give the Purchaser 7 (seven) days notice in writing to remedy such breach and/or failure, unless otherwise stated in this Agreement, and if the Purchaser fails to comply with such notice, then the Seller shall forthwith be entitled (but not obliged) without prejudice to any other rights or remedies which the Seller may have in law, including the right to claim damages: (a) (b) (c) to cancel this Agreement (in which event the Purchaser shall forfeit all monies paid to the Seller, its attorneys or its agent(s) in terms of this Agreement); or to claim immediate performance and/or payment of all the obligations of the Purchaser in terms of this Agreement, including payment of unpaid balance of the purchase price; or to claim mora interest as set out in the provisions of Clause of this Agreement Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser of this Agreement, then without prejudice to any other rights which the Seller may have, the Seller shall be entitled to recover from the Purchaser all legal costs incurred by it including attorney/client charges, tracing fees and such collection commission as the Seller is obliged to pay to its attorneys Without prejudice to all or any of the rights of the Seller in terms of this Agreement, should the Purchaser fail to pay any amount due by the Purchaser in terms of this Agreement on due date, then the Purchaser shall pay the Seller SOHO Agreement of Sale Page 29

30 35. MARKETING BY SELLER interest thereon at the prime rate plus 2% calculated from the due date for payment until the actual date of payment, both dates inclusive. The Purchaser acknowledges that the marketing material used by the Seller, to illustrate the interior and/or exterior of the Unit/Development, are for illustrative and representative purposes only, and does it not in any way form part of this Agreement, nor the stated specifications in Annexure D. 36. SIGNATURES It is recorded that this document is intended to be signed firstly by the Purchaser and thereafter by the Seller. The Purchaser acknowledges that his signature hereto constitutes an irrevocable offer by him for the purchase of the Property on the terms and conditions set out herein, which offer shall remain irrevocable until 17:00 on the 8 th day commencing on date signed by the Purchaser for acceptance by the Seller at any time prior hereto. SOHO Agreement of Sale Page 30

31 Sunningdale Dr Sunningdale Dr Whitehall Way Annexure: A Locality Plan TABLE BAY MALL Berkshire Blvd Braselton Road Tinchley Cres Braselton Road Newington Street Newington Street Belmont Road Tryall Road Tryall Road Wood Drive Sunningdale Drive West Coast Road Tryall Road Braselton Road Oakland Hills Road Wood Drive PARKLANDS COLLEGE PRIVATE HIGH SCHOOL Tryall Road West Coast Road NETCARE BLAAUBERG HOSPITAL ELKANAH HOUSE HIGH SCHOOL Sunningdale Dr Oakland Hills Road Sunningdale Dr BUILDER S WAREHOUSE FRUIT & VEG FOOD LOVERS MARKET Braselton Road VIRGIN ACTIVE SUNNINGDALE Sandown Road TIGER WHEEL & TYRE PARKLANDS CHECKERS HYPER SANDOWN RETAIL CROSSING Sandown Road Wood Drive College Avenue To N7 WESTCOAST VILLAGE

32 Annexure: B Unit 24 Unit 16, 17, 18, 19 Unit 20, 21, 22, 23 Unit 1 Unit 2, 3, 4, 5, 6 Unit 7 Triplex Unit C3 3 Bed Double Garage Triplex Unit C2 3 Bed Double Garage Triplex Unit C1 3 Bed Double Garage Duplex Unit B2 2 Bed Double Parking Duplex Unit B1 2 Bed Double Parking Triplex Unit A2 2 Bed Single Garage Single Parking Unit 10, 11, 12, 13, 14,15, 25, 26, 27, 28 Triplex Unit A1 2 Bed Single Garage Single Parking Type C3: Ground Storey: m² First Storey: m² Second Storey: m² Covered Patio: 3.68 m² Total: m² Type C2: Ground Storey: m² First Storey: m² Second Storey: m² Covered Patio: 3.92 m² Total: m² Type C1: Ground Storey: m² First Storey: m² Second Storey: m² Covered Patio: 3.68 m² Total: m² Type B2: Ground Storey: m² Garage : m² First Storey: m² Total: m² Type B1: Ground Storey: m² Garage : m² First Storey: m² Total: m² Type A2: Ground Storey: m² First Storey: m² Second Storey: m² Covered Patio: m² Total: m² Type A1: Ground Storey: m² First Storey: m² Second Storey: m² Covered Patio: m² Total: m² 1 C 65.46m D A B 1500mm Building Line 1500mm Building Line parking parking ROAD mm Building Line ROAD parking parking parking Unit 8 Triplex Unit A3 2 Bed Single Garage Single Parking Type A3: Ground Storey: m² First Storey: m² Second Storey: m² Covered Patio: m² Total: m² Tinchley Crescent 48.13m Entrance 1500mm Building Line Automated Entrance Gate parking parking parking parking parking ERF 6371 parking parking parking parking 7 parking parking parking parking mm Building Line Unit 9 parking Unit 9 parking m Wood Drive Unit 9 Triplex Unit A4 2 Bed Single Garage Single Parking 1 Type A4: Ground Storey: 34.7 m² First Storey: m² Second Storey: 41.6 m² Covered Patio: 10.0 m² Total: m² H 1500mm Building Line 10.01m G mm Building Line 55.47m 6 8 F 1500mm Building Line 8.06m E NORTH WEST EAST MASTERPLAN 1 : 350 Newington Street SOUTH Proposed Development - SOHO, on ERF 6371, Parklands MASTERPLAN...

33 GROUND STOREY Annexure: C braai braai Covered patio Prep Prep Covered Patio Guest wc Guest wc Garage WM TD WM TD Garage NORTH FIRST STOREY Lounge Dining Room Kitchen DW Ref Ref DW Lounge Dining Room Kitchen SOUTH EAST SECOND STOREY Master Bedroom Master En-Suite Master En-suite Master Bedroom WEST Bedroom 1 Bathroom Bathroom Bedroom Ground Storey: m² First Storey: 40.38m² Second Storey: m² Covered Patio: m² Total: m² TYPE A1 S: 9 / 11 / 13 / 15 / 26 / 28 Proposed Development, SOHO, on ERF 6371, Parklands FLOOR PLANS AND ELEVATIONS A :30:19 PM Initial...

34 GROUND STOREY Annexure: C braai braai Covered patio Prep Prep Covered Patio Guest wc Guest wc Garage WM TD WM TD Garage NORTH FIRST STOREY Lounge Dining Room Kitchen DW Ref Ref DW Lounge Dining Room Kitchen SOUTH EAST SECOND STOREY Master Bedroom Master En-Suite Master En-suite Master Bedroom WEST Bedroom 1 Bedroom 1 Bathroom Bathroom Ground Storey: m² First Storey: 40.38m² Second Storey: m² Covered Patio: m² Total: m² TYPE A1 S: 8 / 10 / 12 / 14 / 25 / 27 Proposed Development, SOHO, on ERF 6371, Parklands FLOOR PLANS AND ELEVATIONS A :34:02 PM Initial...

35 GROUND STOREY 5295 Annexure: C 5410 braai Covered Patio Garage Prep Guest wc 8790 WM TD NORTH SOUTH 5410 FIRST STOREY 5410 Lounge Dining Room Kitchen dw Ref EAST 5410 SECOND STOREY Master En-Suite Master bedroom TYPE A2 Bedroom Bathroom 7 Ground Storey: m² First Storey: m² Second Storey: m² Covered Patio: m² Total: m² WEST Proposed Development, SOHO, on ERF 6371, Parklands FLOOR PLANS & ELEVATIONS A :36:40 PM Initial...

36 GROUND STOREY Braai Braai Annexure: C prep prep Lounge Lounge Dining Room NORTH 8300 Dining Room 8300 Kitchen Kitchen Ref DW WM TD DW TDWM Ref SOUTH GARAGE Garage FIRST STOREY WEST Master bedroom En-Suite En-suite Master bedroom EAST Bedroom 1 Bedroom 1 Bathroom Bathroom Zincalume Roof sheeting Zincalume Roof sheeting 3 TYPE B1 S: 4 / 6 Ground Storey: m² Garage : m² First Storey: m² Total: m² 6540 Proposed Development, SOHO, on ERF 6371, Parklands FLOOR PLANS B :39:10 PM Initial...

37 Annexure: C GROUND STOREY Braai Braai prep prep Lounge Lounge NORTH 8300 Dining Room Dining Room 8300 Kitchen Kitchen Ref DW WM TD DW TDWM Ref SOUTH GARAGE Garage FIRST STOREY WEST Master bedroom En-Suite En-suite Master bedroom EAST Bedroom 1 Bedroom 1 Bathroom Bathroom Zincalume Roof sheeting Zincalume Roof sheeting 3 TYPE B1 S: 3 / 5 Type B1: Ground Storey: m² Garage : m² First Storey: m² Total: m² 6540 Proposed Development, SOHO, on ERF 6371, Parklands FLOOR PLANS B :41:35 PM Signature...

38 GROUND STOREY Annexure: C 1500 prep Braai 1481 Lounge NORTH 8070 Dining Room Kitchen Garage 3155 Braai Ref DW TDwm Garage 3385 SOUTH 5385 Lounge Dining Room Kitchen DW TDwm Ref EAST FIRST STOREY 5385 En-suite Master Bedroom WEST 8070 Bedroom Bathroom Zincalume Roof sheeting En-suite Master bedroom Bathroom Bedroom Zincalume Roof sheeting TYPE B2 : 1 Ground Storey: m² Garage : m² First Storey: m² Total: m² 8350 Proposed Development, SOHO, on ERF 6371, Parklands FLOOR PLANS AND ELEVATIONS B :43:33 PM Initial...

39 GROUND STOREY Annexure: C 1500 prep Braai 1481 Lounge NORTH 8070 Dining Room Kitchen Garage 3155 Braai Ref DW TDwm Garage 3385 SOUTH 5385 Lounge Dining Room Kitchen DW TDwm Ref EAST FIRST STOREY 5385 En-suite Master Bedroom WEST 8070 Bedroom Bathroom Zincalume Roof sheeting En-suite Master bedroom Bathroom Bedroom Zincalume Roof sheeting TYPE B2 : 2 Ground Storey: m² Garage : m² First Storey: m² Total: m² 8350 Proposed Development, SOHO, on ERF 6371, Parklands FLOOR PLANS AND ELEVATIONS B :42:41 PM Initial...

40 GROUND STOREY Annexure: C 1912 Braai PREP Guest wc Guest wc Braai PREP 1912 Garage Garage Entrance Entrance NORTH FIRST STOREY Lounge Dining Room Dining room Lounge SOUTH td DW Scullery Ref Kitchen up Store room Store room up Kitchen Ref Scullery td wm DW wm SECOND STOREY EAST En-suite Master bedroom Bedroom 2 Bathroom Bedroom 1 Bedroom 1 En-suite Bathroom Master bedroom Bedroom WEST Ground Storey: m² First Storey: m² Second Storey: m² Covered Patio: 3.68 m² Total: m² TYPE C1 S: 21 / 23 Proposed Development, SOHO, on ERF 6371, Parklands FLOOR PLANS & ELEVATIONS C :48:43 PM Initial...

41 GROUND STOREY Annexure: C 1912 Braai PREP Guest wc Guest wc Braai PREP 1912 Garage Garage Entrance Entrance 6170 NORTH FIRST STOREY Lounge Dining Room Dining room Lounge SOUTH td DW Scullery Ref Kitchen up Store room Store room up Kitchen Ref Scullery td DW wm wm SECOND STOREY EAST En-suite Master bedroom Bedroom 2 Passage Bedroom 1 Bedroom 1 En-suite Bathroom Master bedroom Bedroom WEST Ground Storey: m² First Storey: m² Second Storey: m² Covered Patio: 3.68 m² Total: m² TYPE C1 S: 20 / 22 Proposed Development, SOHO, on ERF 6371, Parklands FLOOR PLANS & ELEVATIONS C :49:58 PM Initial...

42 GROUND STOREY Annexure: C 983 Braai Braai 958 PREP Guest wc Guest wc PREP 7120 Garage Garage 6915 NORTH FIRST STOREY Ref Scullery Kitchen Dining room Dining room Ref Kitchen Scullery SOUTH dw wm dw wm Lounge Store room Store room up Lounge SECOND STOREY EAST shelves En-suite Bedroom 1 Bedroom 1 shelves En-suite Master bedroom Master bedroom Bedroom 2 Bathroom Bathroom Bedroom 2 WEST Ground Storey: m² First Storey: m² Second Storey: m² Covered Patio: 3.92 m² Total: m² TYPE C2 S: 17 / 19 Proposed Development, SOHO, on ERF 6371, Parklands FLOOR PLANS & ELEVATIONS C :47:28 PM Initial...

43 GROUND STOREY Annexure: C 983 Braai Braai 958 PREP Guest wc Guest wc PREP 7120 Garage Garage 6915 NORTH FIRST STOREY Scullery Kitchen Ref Dining room Ref Dining room Kitchen Scullery SOUTH dw wm wm dw Lounge Store room Store room up Lounge SECOND STOREY EAST shelves Master bedroom En-suite Bedroom 1 Bedroom 1 En-suite shelves Master bedroom Bedroom 2 Bathroom Bathroom Bedroom 2 WEST Ground Storey: m² First Storey: m² Second Storey: m² Covered Patio: 3.92 m² Total: m² TYPE C2 S: 16 / 18 Proposed Development, SOHO, on ERF 6371, Parklands FLOOR PLANS & ELEVATIONS C :46:40 PM Initial...

44 GROUND STOREY 7340 Annexure: C braai prep Guest wc Garage 7310 NORTH SOUTH FIRST STOREY Lounge Dining Room EAST WEST wm DW td Scullery Ref Kitchen up Storage room SECOND STOREY Master bedroom Bedroom 2 En-suite Bathroom 7340 Bedroom TYPE C3 : 24 Ground Storey: m² First Storey: m² Second Storey: m² Covered Patio: 3.68 m² Total: m² Proposed Development, SOHO, on ERF 6371, Parklands FLOOR PLANS & ELEVATIONS C :27:18 PM Initial...

45 ANNEXURE D SPECIFICATIONS GENERAL SPECIFICATIONS AND FINISHING SCHEDULE SOHO These specifications are to be read together with all the relevant building plans and contracts. Should there be any discrepancies between the information in these specifications and the information on the Council approved plans, the information on these shall take precedence. SUMMARY A B EXTERNAL FINISHES INTERNAL FINISHES DETAILS A: EXTERNAL FINISHES 1. BOUNDARY WALLS & ELECTRIC FENCING 2. FOUNDATIONS & WALLS 3. PLASTERING 4. CONCRETE BEAMS / COLUMS / DECKS 5. YARD GATES 6. ALUMINIUM WINDOWS & PATIO DOORS 7. GLAZING 8. TIMBER DOORS 9. ROOF & TRUSSES 10. GARAGE DOORS 11. EXTERNAL LIGHTING 12. PAVING 13. LANDSCAPING B: INTERNAL FINISHES 1. PLASTERING 2. TILING BATHROOMS & KITCHEN WALLS 3. FLOOR FINISHES 4. SKIRTINGS 5. WINDOW CILLS 6. DOORS 7. DOOR HANDLES 8. CEILINGS 9. CORNICES 10. LIGHTING & ELECTRICAL 11. BUILT IN CUPBOARDS Client Initial: 1

46 12. KITCHEN ACCESSORIES (STOVE) 13. SANITARYWARE 14. KITCHEN SINK & SCULLERY (IN CERTAIN S) 15. PLUMBING 16. PAINTING INTERNAL & EXTERNAL 17. EXCLUSIONS SUMMARY A EXTERNAL FINISHES B INTERNAL FINISHES A SPEC EXTERNAL FINISHES ITEM 1. BOUNDARY WALLS & ELECTRIC FENCING 1.1 Cement block walls as per plan, colour painted grey as per developer. 1.2 Electrical Security fence on top of Boundary walls all round perimeter. 2. FOUNDATIONS & WALLS 2.1 Foundations 20 MPa Ready mix concrete m thick 15 MPa concrete floors on 250 Micron Dpc on well compacted filling as per Engineer mm cement maxi brick walls NHBRC specs. 3. PLASTERING 3.1 All external walls to be plastered floated finish, plastered with Malmesbury Sand plaster mix. 3.2 Plaster around window and doors. Only V joint in plaster 100mm wide and painted. 4. CONCRETE BEAMS / COLUMS / DECKS 4.1 As per Engineers design and details where applicable. 5. YARD GATES 5.1 Meranti yard gates where applicable (see plan) and dark varnished 6. ALUMINIUM WINDOWS & PATIO DOORS 6.1 All external windows and doors to be aluminium glazed products with the exception of the Front. 7. GLAZING 7.1 Glazing to be clear Safety glass to comply with SANS 10400, parts N & O. 7.2 Glazing to Aluminium windows and doors single glazed according to SANS 10400, parts N & O. 8. TIMBER DOORS 8.1 Front door: Solid timber door, Horizontal Grooved door (or equivalent) (colour dark varnish). 9. ROOF & TRUSSES 9.1 Pitched Roof: Roof covering to be IBR Zincalume profile roof tiles on timber trusses as per plans. 9.2 Timber roof trusses pre manufactured. (See architectural drawing note for details). 9.3 Timber pergola s as per plan and dark varnish. Client Initial: 2

47 9.4 Flat roofs over garage between parapet walls IBR roof sheeting on SA Pine timber beams with fall to box gutters. 9.5 Flat roofs over garage provided with Aluminium box gutter and waterproofed. 9.6 Gutters 75mm seamless Alluminium OGEE with PVC down pipes by specialist. 10. GARAGE DOORS mm X 2100mm high single door, Alu zinc sectional overhead door with automated door opener mm X 2100mm high double door, Alu zinc sectional overhead door with automated door opener. 11. EXTERNAL LIGHTING external wall lights provided. 12. PAVING 12.1 Site levels to be adjusted by the contractor to establish levels to those indicated on the site plan and drainage plans All paving to be laid on 70mm sand course and well compacted and laid to falls as indicated on site plan COLOUR: Driveway Grey and boarder Charcoal cement pavers or as specified by developer. 13. LANDSCAPING 13.1 All non paved areas in garden to be levelled and free of rubble to be landscaped or grassed with grass as per plan. B SPEC INTERNAL FINISHES ITEM 1. PLASTERING 1.1 All internal to be plastered floated finish, plastered with Malmesbury Sand plaster mix. 1.2 Floor screed to be plastered using Malmesbury Sand plaster mix. 1.3 Internal garage walls to be plastered floated finish, plastered with Malmesbury Sand plaster mix. 2. TILING BATHROOMS & KITCHEN WALLS 2.1 Walls tiled up to 1,2m and painted to u/s ceiling. Developer will provide colours to choose from. 2.2 All showers to be tiled to underside of ceiling. 2.3 Kitchen to be tiled 1 row splash back above counter top for 600x600 tiles. 3. FLOOR FINISHES 3.1 Tiles to kitchen, living, dining, bathroom, passage, garage and stairs. 3.2 Laminated to bedrooms. 4. SKIRTINGS mm timber skirting to be provided to all tiled areas except the bathrooms and painted. 5. WINDOW CILLS 5.1 One coat, steel floated cement plaster and painted. Client Initial: 3

48 6. DOORS 6.1 All internal doors are to be hardboard hollow core doors with grooves for painting, (or equivalent). 6.2 Internal door frames to be 90 x 55mm Meranti ex. Swartland (or equivalent). 7. DOOR HANDLES 7.1 Internal and external door handles to be stainless steel finish. 8. CEILINGS 8.1 Ceilings to be skimmed 6.4mm Rhino board with cornice. 8.2 Underside of internal slabs to be skimmed and painted. 8.3 Underside of garage slab, skimmed and painted. 8.4 Isotherm in ceiling space on trusses, as per architect specifications. 9. CORNICES mm Coved Rhino cornices. 10. LIGHTING & ELECTRICAL 10.1 Centre light fitting to all rooms Fluorescent light to garage Electrical layouts as per plan with DB board in garage No conduit for alarm and camera system will be installed. 11. BUILT IN CUPBOARDS 11.1 Bedroom and kitchen built in cupboards layouts as indicated on plans with finish selections as supplied by developer. All sales plans are superseded by actual designs i.e. Kitchen, windows etc. which are available on request mm thick Rustenburg (or equivalent) to be provided to kitchen. 12. KITCHEN ACCESSORIES (STOVE) 12.1 Defy Hob (or equivalent), oven and extractor fan fitted with isolator switch. 13. SANITARYWARE 13.1 Main Bathroom Basin and vanity in MES and main bathroom. Wall hung basin with single leaver mixer in guest toilet. Ceramic close couple toilet. Frameless shower door with return panel and single leaver wall mixer. Toilet roll holder and soap dish. 14. KITCHEN SINK / SCULLERY / GARAGE 14.1 Dual stainless steel sink with 90mm wastes. Single leaver mixer to sink Kitchen provided with Washing machine and Dishwasher point Garage single sink 15. PLUMBING x 150 liter standard hot water cylinder solar panel combination on roof x External garden tap will be provided. Client Initial: 4

49 16. PAINTING INTERNAL & EXTERNAL 16.1 GENERAL: Surfaces are to be properly cleaned before any paint is applied Switch plates and escutcheons are to be removed prior to painting and replacing after painting is completed MATERIALS: Interior wall surfaces: Developer will provide 3 colours to choose from. 1 coat plaster primer. 2 coats Plascon Polvin or equivalent Exterior wall surfaces: Developer to paint two colours of grey and charcoal. 1 coat plaster primer. 2 coats Plascon Micatex or equivalent Internal Timber (Painted): 1 coat white undercoat. 2 coats Plascon Velvaglo, satin sheen (or equivalent) Exterior Timber (Varnished): 2 coats quality varnish Rhino board ceilings: 2 coats of PVA, Midas 190 (or equivalent ). 17. EXCLUSIONS 17.1 The following items have not been provided for: Curtain rails, blinds & curtains Burglar bars Alarm system Wash line TV Aerial & Satellite dish (unwired conduiting is provided) Underfloor heating DETAILS END Client Signature: Date: Client Initial: 5

50 Annexure E BOND ATTORNEY NOTIFICATION Purchaser/s: Properties: Section: EUA s: G and P The Purchaser acknowledge that the purchase of the Properties are subject to securing of a Mortgage Loan, as per Clause E3 of the Information Schedule, and once secured, BOWMAN GILFILLAN ATTORNEYS be instructed to attend to the registration of the said Mortgage Loan, as stipulated in Clause 18.5 of the Agreement of Sale dated, which reads as follows: The Purchaser undertakes to ensure, by completing and signing the attached Annexure E to this Agreement, whether applying for a mortgage loan through a mortgage originator or privately, that the financial institution from which the Purchaser obtains the loan, instructs Bowman Gilfillan Attorneys to attend to the registration of such bond, due to the fact that this transaction forms part of a development sale by the Seller, which is being attended to by the Sellers attorneys; The Purchaser/s are therefore bound to the provisions of the aforesaid and undertakes to take the necessary steps and/or sign, and/or execute such documents to the extent that same may lie within the power of such Purchaser, in order to give effect to the above. Signed at on this day of AS WITNESS PURCHASER/S SOHO - Annexure E - Bond Instruction.Docx - 1 -

51 1.5 m Building Line 1.5 m Building Line m² 104m² m² Road m² 14 80m² m² 22 85m² 17 85m² 6386 Tinchley Crescent 1500 mm Sidewalk 1.5 m Building Line Entrance Exit access gate distance to kerb 26 78m² 27 78m² m² Entrance Automated Entrance Gate Road 21 68m² 20 68m² Road Pedestrian Crossing m² 19 68m² 13 80m² 12 80m² 11 80m² 10 80m² 1.5 m Building Line 1500 mm Sidewalk Exterior Landscaping to Landscape Architect Wood Drive Refuse embayment Refuse embayment Refuse Room Guard Distance to corner 1500 mm Sidewalk Signage Wall of Complex 1.5 m Building Line 1 195m² 1500 mm Sidewalk 2 105m² 3 105m² 4 105m² 1.5 m Building Line 5 103m² Exterior Landscaping to Landscape Architect Garage 6 138m² Newington Street 3m Servitude 7 128m² 1500 mm Sidewalk 8 100m² 9 83m² 1.5 m Building Line RRA MASTERPLAN NORTH WEST EAST SOUTH MASTER PLAN - RRA's 1:200 on A1 1:400 on A3 ERF 6371 PARKLANDS - DEVELOPMENT