Cooya Beach Land For Sale
Price: $165,800
Lot 176 is 754sqm and backs onto the parkland and reserve. Possible one of the best blocks available in this the first stage of the "Cane Subdivision at Cooya Beach. This residential land for sale is only 10 minutes drive north of Port Douglas and offers a great lifestyle for a young family or first home buyer.
Below are the building covenants.
Building Covenants (Res A Land) 1. Buyer’s Covenants The Buyer expressly acknowledges that the Proposed Allotment is situated in and forms part of a larger residential development and that it is desirable that supervision and control be exercised by the Seller to ensure that a sufficiently high standard in respect to both design and construction of residential dwellings be maintained on the Parcel and to ensure that the Parcel should be developed in a manner which will be aesthetically pleasing. To that end the Buyer and, where Buyer is a “Pty Ltd” company, the directors of the Buyer expressly covenant and agree with the Seller as follows: 1.1. The Buyer will not, without written consent of the Seller, erect or permit to be erected on the Proposed Allotment: (a) a residential dwelling with a gross living floor area less than 120 square metres, being exclusive of patios, pergolas, outdoor living areas, and garages and where the Buyer is constructing two (2) or more residential dwellings on different Proposed Allotments, those houses will not be of a like floor plan or exterior appearance; (b) an open carport. 1.2. Any residential dwelling constructed on the Proposed Allotment must have a tiled roof, a Colorbond roof or some other non-reflective material approved of by the Seller and the Douglas Shire Council (“Council”). In addition, all external walls (exclusive of doors and windows) of any residential dwelling erected on the Proposed Allotment must contain not less than 75% by area of clay brick or cement rendered and painted masonry block. 1.3. The Buyer must not use or allow to be used in the construction of any residential dwelling upon the Proposed Allotment any substandard materials. 1.4. Any driveway constructed on the Proposed Allotment is to be of a superior standard and specification and must be consistent with the exposed aggregate style and colours of cul-de-sac heads. 1.5. The Buyer will not erect or permit to be erected on the Proposed Allotment hereby sold any detached outbuilding other than to the rear of the residential dwelling and any such detached outbuilding must: (a) be painted forthwith after its erection (unless constructed of clay brick that is not appropriate for painting); and (b) have a tiled or Colorbond roof or some other non-reflective material approved by the Seller and the Council. 1.6. Clothes lines must be erected at the rear of any dwelling constructed on the land. 1.7. Without derogating from clause 1.11, the Buyer must forthwith comply with any valid notice issued by the Council or any other statutory authority having jurisdiction in respect of the proposed allotment with regard to the removal of undergrowth, rubbish and the like. 1.8. The Buyer will expeditiously complete or cause to be completed the erection of any structural improvements to be erected on the Proposed Allotment once construction has been commenced. 1.9. The benefit of these covenants will continue in full force and effect and remain binding on the Buyer and its executors, administrators, successors and assigns and if the Buyer should sell, assign, lease or otherwise part with possession of the Proposed Allotment to any other person then the Buyer must obtain from that other person a covenant in favour of the Seller containing all provisions in these covenants but containing the following variations: (a) a clause will be included whereby the expressions “Proposed Allotment”, “parcel”, council” and “seller” will be defined with reference to the meaning of those expressions set forth in the annexed sale contract; (b) the reference to the “Buyer” must be changed to the “other person” to whom this clause refers; and (c) paragraph (a), (b) and (c) of this clause will be deleted and will be expressed as having been deleted. 1.10. The Buyer must not allow any temporary building, caravans, tents and the like to be erected or situated upon the Proposed Allotment. 1.11. The Buyer must not use second hand materials in the construction of the dwelling on the Proposed Allotment. 1.12. The buyer must not erect any other buildings prior to construction of dwelling. 1.13. The Buyer must keep the whole of the land agreed to be sold at all times in a clean and tidy state and condition free from undergrowth, grass, weeds and vermin, it being expressly agreed by the Buyer that if at any time during a period of three (3) years after the settlement date in the reasonable opinion of the Seller, the land is not so kept clean and tidy and free from undergrowth, grass and weeks and vermin, the Seller may cause the land to be mowed and cleaned up and may recover from the Buyer the cost of doing so. 1.14. The Buyer must ensure that earthworks and building on the Proposed Allotment does not result in stormwater being discharged from the land through any channel, drain or pipe in concentrated form onto adjoining lands and will ensure that all stormwater from the Proposed Allotment is discharged to stormwater drains on the roads, or onto drainage easements or drainage reserves within the parcel. 1.15. The highest point of the roof of such dwelling shall not be more than the maximum building height permitted by the Council on the Proposed Allotment and any building constructed on the Proposed Allotment must meet Council set back requirements. 1.16. Timber fences shall not extend past the front building alignment and shall be in accordance with local standards. For the purpose of this clause, corner allotments shall be deemed to have frontages to two (2) streets. Street front fences need prior approval by the Seller prior to erection.
2. Reservation of Seller’s Rights Notwithstanding anything contained in these covenants, the Seller shall have the right in any other sale of an allotment taken from the parcel to vary or relax the conditions of these covenant at any time and in that event the Buyer shall have no claim whatsoever against the Seller. 3. Flora The Buyer acknowledges that the Seller may plant trees in the area, in and around the various public areas including the footpaths in an endeavour to enhance the environment and by way of general beautification. The Buyer agrees not to damage or remove any of these trees. Should such damage or removal be caused by either the Buyer or their subcontractors, they must be replaced immediately at the Buyer’s expense. 4. Duplexes Prohibited The Buyer must not make or permit to be made application for approval to erect a duplex building on the land or operate or conduct any commercial activity from the Proposed Allotment. 5. Use of Lot 5.1. The Buyer warrants to the Seller that the lot purchased will be only used for normal residential purposes. The Buyer warrants that no commercial and/or home office occupation and/or any other use that requires and/or may require the marking of a Material Change of Use Application to the Local Authority will be undertake on the lot. 5.2. In the event that the Buyer sells the lot the Buyer will obtain from the incoming Buyer a Covenant in the same terms as that contained in these covenants with respect to the use of the Proposed Allotment. 6. Fencing and Footpaths 6.1. The Buyer must not permit the alteration, removal, destruction or interference with any fence constructed upon the parcel (whether proximate to the Proposed Allotment or not) at any time before on or after the settlement date. 6.2. The Buyer must not construct any improvement upon, undertake an excavation on or interfere in any manner whatsoever with any footpath or public area situated upon the parcel (whether proximate to the Proposed Allotment or not) at any time before, on or after the settlement date. 7. Services 7.1. Notwithstanding any contrary provision of these covenants, if: • a Council water supply line or sewer line; • electricity supplies; • telecommunication infrastructure; or • any other service, traverse the Proposed Allotment (whether the later service of the Proposed Allotment, above the surface of the Proposed Allotment or through the air space over the Proposed Allotment), the Buyer must not construct any improvements or undertake works upon the land in such a way as to cause interference to such infrastructure or as to breach any requirement of the owner of it or the benefit that it serves for other persons or lands. 8. Breach Upon breach of any of these covenants, the Buyer shall pay to the Seller on demand by way of liquidated damages and not by way of penalty the sum of fifteen thousand dollars. However, this clause will not be interpreted as detracting from the seller’s right to injunctive or declaratory relief in the event of the Buyer’s breach or default of its obligations under these covenants (the Buyer acknowledging that damages may not be an adequate remedy). 9. No Merger The parties acknowledge and agree that these building covenants are intended to take effect following the settlement date and as such, there is no merger of these covenants on settlement of the sale contract to which they are annexed. 10. Interpretation In these building covenants, words and phrases that are defined in the sale contract (to which this building covenant is annexed) have the corresponding meaning so far as the context permits.
For more details call Century 21 Port Douglas at 07 4099 4099.
Property Address
Find our property at Lot 176 Cooya Beach Cane Subdivision, Cooya Beach
