LOTS 1 to 10, 12 to 19 and 39 to 44.
1.1 The buyer acknowledges that Pindari Park is being developed with a high standard of lifestyle in mind. It is the Sellers goal to create a rural residential community comprising quality housing with landscaped surrounds.
1.2 It is necessary in the interests of all buyers of lots in Pindari Park that the seller exercises proper supervision and control. These controls are set out in this Covenant and form part of the contract of sale. The buyer acknowledges that to ignore or avoid adherence to this Covenant will cause material loss and damage to the seller. The buyer agrees to be bound by the terms of the Covenant as hereinafter set out.
2 Transfer of Covenants to Future Buyers
2.1 Should the Buyer resell the Property the Buyer shall obtain a covenant in the same terms as the within covenant in favour of the Seller from the incoming Buyer at or prior to settlement.
2.2 The Buyer acknowledgers that should the Buyer not comply with condition 2.1 hereof the Seller will suffer loss and incur expenses. The Buyer covenants and agrees with the seller that should the Buyer fail to comply with condition 2.1 hereof the Buyer shall indemnify the seller with respect to any loss that the Seller may suffer as a result thereof and all costs (including legal costs on a full indemnity basis) that the Seller may incur with respect to or because of the buyer failing to comply with condition 2.1 hereof.
3 Building Setbacks
Any structure built on the lot (including dwelling, garage, carport, etc.) shall be located a minimum distance of 10 metres from any road reserve boundary.
4 Building Materials
Dwelling houses, including roofing, are to be constructed and designed to reflect contemporary Queensland residential architecture and the character of the Pindari Park project generally.
5.1 Any fence constructed on the road reserve boundary shall be of modern design. No wire netting allowed.
5.2 Fencing shall be no higher than 1.8m if constructed of brick, Colourbond Iron or timber.
5.3 If constructed of wire mesh/netting (sides or rear of Lot), the wire mesh/netting is to be a maximum of 1.2m high and be supported by timber posts or round galvanised steel posts and tensioned. No star pickets permitted.
5.4 Galvanised Iron, post and wire fences and barbed wire fences are not permitted.
6. Dividing Fences
6.1. Despite any provisions of the Dividing Fences Act 1953
1. The Seller shall not be liable to or required at any time by the Buyer to join in or contribute towards the erection, maintenance or repair of any dividing fence or other fence related to the Land, and so long as the Seller remains the owner of the adjoining land, the Buyer will not sell or otherwise dispose of the Land without obtaining from its Buyer a Deed of Covenant in favour of the Seller in the similar terms to this Rule;
2. The Buyer agrees not to claim contribution (monetary or otherwise) under the Dividing Fences Act 1953 or otherwise, from any adjoining land owner in any way associated with a proposed or existing dividing fence between the Land and any adjoining land except where the adjoining land is used or is going to be used for the purpose of a single unit private dwelling house.
7 Maintenance and Existing Vegetation
The Seller is committed to ensure that the Pindari Park project is kept in a clean and tidy condition for the benefit of all residents. In line with that commitment, the Seller, by agreement with the Bundaberg Regional Council, has undertaken at its cost to carry out maintenance works within the development for an agreed period after which the Bundaberg Regional Council accepts responsibility. Natural bushland areas on blocks are valuable to the environment and owners are encouraged to retain any existing vegetation and plant native trees and shrubs suitable for the site. The Buyers shall co-operate with the Seller to the extent that the Buyers undertake to maintain the purchased lot in a clean and tidy condition which will include slashing of the lot where vegetation has been removed.
No rubbish shall be allowed to be placed or accumulate on the subject lot or on any adjacent roadway or park or open space area. All rubbish is to be removed from the construction site as soon as practically possible after construction has been completed.
9 Finishing Off the House
The construction of any building shall be completed expeditiously once commenced.
Landscaping is encouraged.
11. Alterations to Development Rules
The Seller may vary or not enforce the provisions of any Rules at any time prior to sale in respect of any land and in that event the Buyer shall have no claim whatsoever against the Seller.
The seller may vary this covenant upon individual request.