PHASE DEVELOPMENT Clause Samples
PHASE DEVELOPMENT. 13.1 This entire agreement shall be conditional upon the successful opening and registration of the Sectional Title Register and/or the registration of the extension of the scheme for the specific phase relating to the Land and the procurement of a Certificate of Registered Sectional Title for the Land and Buildings at the cost of the Developer. Should the Developer be unable to procure fulfilment of this condition for any reason whatsoever, the Developer shall be entitled to cancel this agreement by notice in writing to the Purchaser. No liability or claims for damages or compensation, in the event of the scheme being cancelled, can be instituted against the Developer.
13.2 The Purchaser acknowledges that:-
13.2.1 he is aware of the fact that the Property will form part of a sectional title scheme of which the Buildings are not yet complete and of which the register and/or the extension of the scheme for the particular phase which incorporates the Property, has still to be opened. The agreement is therefore subject to the opening of a sectional title register in phases in the Deeds Office whereby the Property shall come into existence;
13.2.2 the Developer has reserved a real right of extension of the scheme in terms of Section 25 of the Act and the Purchaser hereby grants consent thereto as far as needs be. This real right of extension will entitle the Developer to erect further units on the land that will form part of the common property;
13.2.3 the register and/or extension of the scheme will be registered as soon as is reasonably possible and transfer of the Property shall take place simultaneously with or after the opening of the register and/or extension of the particular phase;
13.2.4 it remains the Developer’s sole and exclusive prerogative to proceed with the development of the sectional scheme and construction of the Property. In the event of the Developer electing not to proceed with the development of the sectional scheme and/or construction of the Property for any reason whatsoever, this agreement shall lapse and the Purchaser shall be refunded any amounts paid by the Purchaser on account of the Purchase price. This provision is accepted by the Purchaser as being reasonable;
13.2.5 no liability or claims for damages or compensation, in the event of the scheme being cancelled, can be instituted against the Developer;
13.2.6 the Developer shall be entitled to impose conditions in respect of the Scheme as contemplated in terms of Section 11(2) o...
PHASE DEVELOPMENT. 20.1 It is recorded that the developer can construct and register the development in 2 or more phases and that the total number of units in the development is not expected to exceed 66.
20.2 The developer will register the right to extend as provided for in this clause in terms of Section 25 of the Act at the time the Sectional title register is opened.
20.3 The developer reserves to itself the right to vary the number of phases, the number of units therein and their position within the development together with that of the parking bays and open parking bays in accordance with prevailing market conditions.
20.4 A sketch plan showing the proposed phased development of the scheme is attached as Annexure H for information purposes only.
20.5 Buildings works will still take place at the development known as PEPPER LANE up and until final completion of the last phase of development. The Developer makes no warranties or representations in regard to the change of views/scenery, safety, noise, working hours, obstructions or other reason associated with the construction of the remaining phases, but not limited thereto. The purchaser hereby acknowledges the above and shall not obstruct and/or prevent the developer or any of its sub-contractors and/or employees from fulfilling their duties, obligations and exercising their proprietary rights in completing the phase development. INITIAL
PHASE DEVELOPMENT. 10.1 The PURCHASER agrees, acknowledges and hereby places on record that he is aware-
10.1.1 of the SELLER'S intention to develop the land by erecting sections at different stages and in different phases and that the SELLER reserves the right to acquire a bond over the land from a financial institution for development purposes before the transfer of a Unit in the name of the PURCHASER;
10.1.2 that in the event of the Building and other parts not being completed on the date of occupation, the occupiers shall be required to endure any Inconvenience, noise and dust caused by the Building operations and the PURCHASER shall have no claim whatsoever against the SELLER resulting from the said inconvenience;
10.1.3 that the SELLER shall have the right to alter the Plans for the development of the land for any reason which he deems necessary, provided that the PURCHASER'S rights shall not materially be Influenced by such alteration.
10.2 In view of the provisions above, it Is hereby agreed that-
10.2.1 the complex will be developed in one phase, which will at the completion of the complex consist of 40 units.
10.2.2 The PURCHASER hereby waives all claims against the SELLER for any loss or damage to property or for any injury to person which the PURCHASER may sustain In or about the section, the Buildings or the Common Property and hereby indemnifies the SELLER against any such claim that may be made against the SELLER by the PURCHASER, any member of the PURCHASER'S family or the PURCHASER's invitees, employees or Agents, howsoever such loss or damage to property or injury to a person may be caused.
PHASE DEVELOPMENT. This sale is subject to the following special conditions, which will be imposed by the SELLER in terms of Section11(2) of the ACT:
17.1 The SELLER in terms of Section 25 of the ACT hereby reserves for itself the real right to extend, for its personal account, the SCHEME by the erection and completion from time to time but within a period of 10 (TEN) years:
17.1.1 a further building or buildings, or
17.1.2 a horizontal extension of an existing building, or
17.1.3 a vertical extension of an existing building on part of the common property as outlined on the LAYOUT PLAN, Annexure "B" to this CONTRACT, to divide such building or buildings into a section or sections and common property and to confer the right of exclusive use over parts of such common property upon the owner or owners of one or more of such sections or any other section in the SCHEME.
17.2 The SELLER further reserves the right to separate the real right to extend the SCHEME by alienating the right to erect the various individual sections to different third parties.
PHASE DEVELOPMENT. 18.1 The developer shall be entitled to, at its election and its costs, to do the development in phases and;
18.2 The Purchaser hereby appoints the developer as its proxy to vote at any meeting of the body corporate convened to obtain the resolution necessary to effect the phase development, if necessary.
PHASE DEVELOPMENT. NOT APPLICABLE
PHASE DEVELOPMENT. 10.1 The PURCHASER agrees, acknowledges and hereby places on record that he is aware-
10.1.1 of the SELLER'S intention to develop the land by erecting sections at different stages and in different phases and that the SELLER reserves the right to acquire a bond over the land from a financial institution for development purposes before the transfer of a Unit in the name of the PURCHASER;
10.1.2 that in the event of the Building and other parts not being completed on the date of occupation, the occupiers shall be required to endure any Inconvenience, noise and dust caused by the Building operations and the PURCHASER shall have no claim whatsoever against the SELLER resulting from the said inconvenience;
10.1.3 that the SELLER shall have the right to alter the Plans for the development of the land for any reason which he deems necessary, provided that the PURCHASER'S rights shall not materially be Influenced by such alteration.
10.2 In view of the provisions above, it Is hereby agreed that-
10.2.1 the complex will be developed in one phase, which will at the completion of the complex consist of 40 units.
10.2.2 The PURCHASER hereby waives all claims against the SELLER for any loss or damage to property or for any injury to person which the PURCHASER may sustain In or about the section, the Buildings or the Common Property and hereby indemnifies the SELLER against any such claim that may be made against the SELLER by the PURCHASER, any member of the PURCHASER'S family or the PURCHASER's invitees, employees or Agents, howsoever such loss or damage to property or injury to a person may be caused.