Golf Course. 23.1 The HOA, represented by the developer, has entered into an agreement (the contract) with an independent contractor (the contractor) to operate the golf course as a business for his own account. The HOA will accordingly, during the currency of the contract, not be responsible for the maintenance of the golf course. In terms of the contract the contractor shall be liable, inter alia, for the costs of maintaining the golf course and shall be entitled to all profits derived therefrom. For the duration of the contract the public and the owners shall be entitled to play on the golf course provided they pay the fee prescribed by the contractor. The developer shall endeavour to negotiate a preferential fee on behalf of the owners. 23.2 The contractor shall, for the duration of the contract, operate the golf course business from the existing club house facility which is situated on Erf 4067 (the ownership of which erf shall be retained by the developer). If, after expiry of the contract, the aforementioned club house facility is for any reason no longer available as a club house or alternatively the developer and the other owners are not able to reach agreement on the conditions upon which the existing club house facility may be used, then in such event the developer undertakes to make another club house facility available to the owners on Erf 4067 or Erf 4066 (the golf course erf). Such club house shall be constructed of brick and mortar, shall be not less than 50 square metres in extent and shall have no less than one gents toilet and one ladies toilet. The costs and incidental to the erection of such an alternative club house facility shall be borne by the developer including, but not limited to, costs of construction, any legal costs and costs of obtaining the necessary approval for the erection of the club house.
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Sources: Sale Agreement, Sale Agreement