It is hereby agreed as follows:

 

PAYMENT TERMS

  1. The ASSIGNEE has paid an initial deposit of ……. which is 10% of the total amount payable.

 

  1. The balance due shall be payable in not more than Thirty-Five (35) monthly installments of …… provided however that the ASSIGNEE may make accelerated payments.

 

  1. The ASSIGNOR shall deliver an executed DEED of TRANSFER to the ASSIGNEE after receiving full payment for the property allocated.

 

  1. Where the ASSIGNEE defaults in the payment of any installment the ASSIGNOR shall charge 10% interest on the amount due for that installment.

  2. Where the ASSIGNEE defaults payment of three (3), three consecutive installments the ASSIGNOR shall repossess the property and refund to the ASSIGNEE all monies paid less 30% deduction for expenses and cost.

  3. Where the defaulting ASSIGNEE has made some development, the property shall be valued by approved valuation officer and the approved value shall by refunded to the ASSIGNEE less 30% deduction for expenses and cost.



    SERVICES & AMENITIES

  4. The ASSIGNOR undertakes to ensure the development of the SUNCITY SHAI HILLS into a first class community by programming for the early provision of the following:

 

a)      Water

b)      Electricity

c)      Tarred Roads

d)      Covered Drainage

e)      Sports Area

f)        Worship Centres

g)      Educational And Medical Facilities

h)      Commercial District And Modern Corner Shops

i)        24 Hour Security

j)        Police Station

k)      Fire Station

l)        Postal Facilities

m)    Open Spaces and Play Grounds

n)      Public Parks and Recreational Centres

o)      All streets to be lined with decorative trees and street lights on major roads.

RESTRICTIONS & RULES

Purpose of restrictions. The restrictions provided for herein shall be used for the general purposes of promoting the recreation, health, common benefit, and enjoyment of the Owners and Occupants of plots in SUNCITY.

 

  1. The ASSIGNEE shall commence the development of property or construct a fence wall within four (4) months of its allocation thereof.

 

  1. Plot Use. All residential plots shall be used for residential purposes exclusively. The purpose for which the plot was purchase shall not be changed at any time without the prior written approval of THE ASSIGNOR. Leasing of a plot shall not be considered a business or business activity. However, THE ASSIGNOR may, but shall not be obligated to, permit a plot to be used for other purposes so long as such purpose, in the sole discretion of THE ASSIGNOR, does not create a disturbance, and does not unduly increase traffic flow or parking congestion.

  2. Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of THE ASSIGNOR except (a) when offering a plot or residence for sale or for lease, not more than one (1)professionally Lettered "For Sale" or "For Rent" sign consistent with the Community-Wide Standard and having a maximum area of three (4) square feet, (b) professional security signs consistent with the Community-Wide Standard, (c) any signs required by legal proceedings, and (d) signs erected by THE ASSIGNOR. Notwithstanding the foregoing. THE ASSIGNOR shall have the right to erect reasonable and appropriate signs.

  3. Animals and Pets. No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any plot, except that dogs, cats, or other usual and common household pets may be kept on a plot in reasonable number, as determined by THE ASSIGNOR; provided, however, only dogs and cats shall be permitted outside the residences constructed on plots. Pets which are permitted to roam free, or, in the sole discretion of THE ASSIGNOR, make objectionable noise, or endanger the health of or constitute a nuisance or inconvenience to the owners of other plots or the owner of any property located adjacent to the community, may be removed by THE ASSIGNOR.

  4. Tree Removal. No trees that are more than four (4) inches in diameter at a point two (2) feet above the ground shall be removed without the prior written consent of THE ASSIGNOR except for (a) trees, regardless of their diameter, that are located within ten (10) feet of a drainage area, a Septic field, a sidewalk, a residence, or a driveway, (b) diseased or dead trees, and (c) trees removed by THE ASSIGNOR.

  5. Drainage. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains.

  6. Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge, or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem.

  7. Garbage cans, woodpiles, etc. All garbage cans, woodpiles, and other similar items shall be located or screened so as to be concealed from view of neighboring streets and property. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate.

  8. Nuisance. It shall be the responsibility of each Owner and Occupant to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on such Owner's plot. No property within the Community shall be used, in whole or in part, for the storage of any property or thing that will cause such plot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes shall be located, installed or maintained upon the exterior of any plot unless required by law.

 

  1. Development of the property shall strictly be in conformity with the layout of the SUNCITY and the following specifications

a)      Front wall must be designed and not more than five feet in height.

 

b)      Roofing to be with coloured roofing tiles or coloured aluminum sheets samples of which shall be available at ASSIGNOR’S site office.

c)      Building Location, Standards and Quality: No building shall be located on any plot nearer than ten (10) feet to the front plot line, or nearer than five (5) feet to any side plot line, or nearer than five (5) feet to any rear plot line, unless a deviation from such restriction shall have been approved, in writing, by the ASSIGNOR.

 

d)      Architectural Control. To insure a standard of improvements satisfactory to all plot owners, no building, fence, residence or other improvement shall be erected upon or moved on to the property without the approval in writing of THE ASSIGNOR or its successors in interest, or their duly authorized agent or agents, upon submission of proposed plans and specifications and location thereof. This right of approval may be delegated to a committee appointed by THE ASSIGNOR. A failure to exercise the right of approval in anyone or more instances shall not be a waiver of the right to exercise the right of approval in any other instance. In administering this item, the design and appearance of a dwelling or of a building and its surroundings will be of primary importance. Any fences erected on the property must be approved by THE ASSIGNOR or its successors in interest. Gates are to be constructed and hung in a good workmanlike manner. All residences shall be served by septic tanks and overflows which comply with local health requirements. Lots are not to have more than two (2) detached buildings and security gatepost.

 

  1. The ASSIGNOR shall have the right of entry into the ASSIGNEE’S property for the purpose of inspection, monitoring or ensuring compliance with the provisions of this agreement.

  2. Enforcement. If any present or subsequent owner of the property subject to these restrictions, or their heirs and assigns,  shall violate or attempt to violate any of the covenants or restrictions contained herein, then THE ASSIGNOR and/or any person or persons  owning a lot or lots within the property may institute any proceeding at law or in equity against the person or  persons violating or attempting to violate such restrictions, and to prevent the same by injunction and/or to recover damages for  such violation.

  3. Severability. If anyone or more of the restrictions or covenants herein contained are declared invalid by any order of any court having jurisdiction, such invalidation shall in no way affect any other restrictions herein contained, all of which shall remain in full force and effect, each being treated as a separate instrument.

  4. Amendment. Any of the restrictions imposed in this instrument may at any time or times be amended by a recorded instrument in writing signed and acknowledged by the owner or owners of record of 100% of the lots within the Property. Additional restrictions may be placed on said Property in the same manner.