DRAFT NOTARIAL DEED OF SERVITUDE OF PARKING
DRAFT NOTARIAL DEED OF SERVITUDE OF PARKING
DRAFT NOTARIAL DEED OF SERVITUDE OF PARKING
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
C:\Documents and Settings\candy.CANDY\Local Settings\Temporary Internet Files\OLK3FC\Paramount Towers Notarial Deed of<br />
Parking d(1).doc<br />
07/11/2006<br />
ANNEXURE "H"<br />
<strong>DRAFT</strong><br />
PROTOCOL NUMBER:<br />
<strong>NOTARIAL</strong> <strong>DEED</strong> <strong>OF</strong> <strong>SERVITUDE</strong> <strong>OF</strong> <strong>PARKING</strong><br />
BE IT HEREBY MADE KNOWN:<br />
that on the th day of ________________ 2006, before me:<br />
GRAHAM JOHN SONNENBERG<br />
Notary Public, by lawful authority duly sworn and admitted, residing and practising at Cape<br />
Town in the Province of the Western Cape, and in the presence of the subscribing competent<br />
witnesses, personally came and appeared:<br />
ZUNAID RAWOOT<br />
authorised thereto by a Power of Attorney signed at CAPE TOWN on the ___ th day of ______<br />
and granted to him/her by:
PARAMOUNT PROPERTY FUND LIMITED<br />
Registration Number 1945/019928/06<br />
herein represented by Werner de Waal, he being duly authorised thereto by virtue of a<br />
resolution of the directors (hereafter referred to as "Paramount") of the one part, which<br />
power of attorney now remains filed in my Protocol while a copy of the resolution was<br />
produced to me;<br />
AND authorised thereto by a Power of Attorney signed at Cape Town on the ___ rd day of<br />
____________ and granted to him/her by:<br />
1. (NAME <strong>OF</strong> PURCHASER)<br />
Identity Number:<br />
Unmarried<br />
(hereafter referred to as "Purchaser"), which Power of Attorney now remains filed in my<br />
Protocol.<br />
AND THE APPEARER Q.Q. DECLARED THAT:<br />
1. RECORDAL<br />
Whereas<br />
1.1 Paramount is the registered owner of Section 1 in the scheme known<br />
Paramount Towers in extent # square metres and comprising of commercial,<br />
retail and parking areas;<br />
1.2 Paramount and the Purchaser entered into an Agreement of Sale on # in<br />
terms whereof Paramount sold and the Purchaser purchased SECTION #<br />
PARAMOUNT TOWERS together with the servitude rights to the parking bay<br />
area hereafter defined, for the indivisible amount of R# (#) which was paid by<br />
the Purchaser to Paramount.<br />
Paramount wishes to register a servitude of parking in favour of<br />
the Purchaser.<br />
NOW THEREFORE they agree as follows:<br />
2
2. <strong>PARKING</strong> BAY <strong>SERVITUDE</strong><br />
Paramount hereby grants in favour of the Purchaser, who hereby accepts a servitude<br />
right of parking over:<br />
A Unit described as:<br />
3. ACCESS<br />
SECTION 1 as shown and more fully described on Sectional Plan No. SS # in<br />
the scheme known as PARAMOUNT TOWERS in respect of the land and<br />
building or buildings situate at CLAREMONT of which section the floor area<br />
according to the said sectional plan is # square metres in extent; and an<br />
undivided share in the common Property in the scheme apportioned to the<br />
said section in accordance with the participation quota as endorsed on the<br />
said sectional plan; Held by virtue of Certificate of Registered Sectional Title<br />
no T#<br />
being <strong>PARKING</strong> BAY NO. P# represented by figure____________on<br />
Diagram S.G. No. 2111/2005, measuring ____ (________) square metres and<br />
limited in height.<br />
The Purchaser shall have and enjoy the right to access to and along the servitude of<br />
right of way to be registered in favour of the Body Corporate of the Paramount Towers<br />
simultaneously with the servitude of parking on an unimpeded basis; subject to the<br />
managing rules of the Paramount Towers Body Corporate, insofar as they are<br />
applicable and subject to the terms and conditions as set out in this agreement.<br />
4. CONSIDERATION<br />
For transfer duty purposes, it has been agreed that the consideration herein would be a<br />
nominal value of R 100.00 (one hundred Rand).<br />
5. ELECTRICAL POWER SUPPLIES<br />
5.1 Paramount shall be:<br />
5.1.1 entitled to lead electricity power lines along a reasonable route<br />
across the floor, provided it does not materially adversely affect the<br />
Purchaser's rights and access to the parking bay, by means of<br />
conductors, cables and/or appliances substantially mounted on the<br />
3
existing power structures which structure supporting mechanisms<br />
as may be necessary or convenient.<br />
5.1.2 entitled to enter and be upon the servitude areas at any time in<br />
order to construct, erect, operate, use, maintain, repair, re-erect,<br />
alter or inspect the structures, works, conductors, cables,<br />
appliances or other equipment on the property or in order to gain<br />
access to any adjacent property in the exercise of similar rights;<br />
5.1.3 entitled to the right to utilise various conductors, installations and<br />
apparatus in the parking area;<br />
5.1.4 entitled to every ancillary right necessary or convenient for the<br />
proper exercise of the servitude for electrical supply.<br />
5.1.5 entitled to at all times before or after completion of any such works<br />
as aforesaid have full and free access by its officials, assistants,<br />
workmen, employees or agents to the relevant portion for the<br />
purpose of carrying out, constructing, laying down, examining,<br />
cleaning, clearing, maintaining, repairing and removing or<br />
replacing any such works or portions thereof.<br />
5.1.6 entitled to charge a levy to the Purchasers for the maintenance,<br />
repair and upkeep of the servitude of right of way and parking<br />
bays.<br />
5.2 It is distinctly understood however that nothing in these presents contained<br />
shall be construed as imposing any obligations on Paramount to carry out,<br />
construct or lay down any repair or maintenance work and the carrying out,<br />
construction of such maintenance work shall be entirely at the opinion of<br />
Paramount.<br />
6. OBLIGATIONS <strong>OF</strong> PURCHASERS<br />
6.1 The Purchaser:<br />
6.1.1 shall not use his parking bay or any other part of the building, or<br />
permit it to be used, in such a manner or for such purpose as shall<br />
be injurious to the reputation of the building;<br />
4
6.1.2 shall not contravene, or permit the contravention, of any law, by-<br />
law, ordinance, proclamation or statutory regulation, or the<br />
conditions of any licence, relating to or affecting the occupation of<br />
the building or the common property, or the carrying on of<br />
business in the building, or so contravene or permit the<br />
contravention of the conditions of title applicable to his parking bay<br />
or any other parking bays;<br />
6.1.3 shall not make alterations which are likely to impair the stability of<br />
the building or the use and enjoyment of other parking bays of<br />
Paramount Towers;<br />
6.1.4 shall, when the purpose for which a parking bay is intended to be<br />
used, is shown expressly or by implication on or by a registered<br />
diagram, not used, nor permit such parking bay to be used, for any<br />
other purpose: Provided that with the written consent of all<br />
Purchasers to such parking bays and Paramount may be used for<br />
another purpose;<br />
6.1.5 shall not construct or place any structure or building improvement<br />
on his parking bay, without the prior written consent of the<br />
Purchasers;<br />
6.1.6 Owners or occupants of units in the residential portion of the<br />
building shall not be entitled to use the parking bays allocated to<br />
the commercial premises.<br />
6.1.7 No trucks, caravans, trailers, boats or other heavy vehicles may be<br />
parked on the common property without the prior written consent<br />
of the trustees.<br />
6.1.8 No un-roadworthy vehicle may be parked on either the exclusive<br />
use area or on the common property.<br />
6.1.9 The minimum height restrictions, which are evident in the parking<br />
area and in the basement in particular, must be observed. The<br />
body corporate will not be hold responsible for any damage<br />
sustained by anybody who fails to adhere to the minimum height<br />
restrictions.<br />
5
6.1.10 If any parking regulations are contravened, the trustees may have<br />
the vehicle wheels clamped or the vehicle removed from the<br />
property at the expense of the owner and impose a find of not less<br />
than R200.00 (two hundred rand) plus VAT.<br />
6.1.11 An owner shall not cause or permit any disorderly conduct or drive<br />
a vehicle in a reckless or negligent manner on the common<br />
property.<br />
6.1.12 All vehicles must display a disk, which may be supplied or required<br />
by the trustees from time to time.<br />
7. The provisions of these obligations and the duties of the Purchaser in relation to the<br />
use and occupation of parking bay and common property shall be binding on the<br />
Purchaser and his lessees and it shall be the duty of the Purchaser to ensure<br />
compliance with the obligations by his lessee or occupant, including employees, guests<br />
and any member of his family, or his occupant.<br />
8. If the Purchaser fails to repair or maintain the area allocated to him as his parking bay<br />
for his exclusive use and enjoyment in a state of good repair and any such failure<br />
persists for a period of 30 (thirty) days after the giving of written notice to repair or<br />
maintain given by Paramount, the trustees or the managing agent of the Paramount<br />
Towers Body Corporate on their behalf, Paramount shall be entitled to remedy the<br />
Purchaser’s failure and to recover the reasonable cost of doing so from the Purchaser.<br />
9. Any dispute between Paramount and/or the body corporate and/or the Purchaser or<br />
between cessionaries of other parking bays arising out of or in connection with their<br />
servitude rights of parking, there obligations, save where an interdict or any form of<br />
urgent or other relief may be required or obtained from a Court having jurisdiction, shall<br />
be determined in terms of the rules of the Paramount Towers Body Corporate of which<br />
they are members.<br />
10. SALE <strong>OF</strong> RIGHTS TO <strong>PARKING</strong> BAY<br />
The Purchaser may not sell, cede or assign his rights to the parking bay to any person,<br />
or entity that is not also a registered owner of a section in the Paramount Towers<br />
Sectional Title Development.<br />
11. CONDUCT RULES<br />
6
11.1 Refuse Disposal<br />
11.2 Vehicles<br />
11.1.1 The Purchaser may not keep any refuse on his parking bay.<br />
11.2.1 The Purchaser shall not park or stand any vehicle upon any area<br />
not demarcated for his use, or permit or allow any vehicle to be<br />
parked or stood upon other areas, without the consent of<br />
Paramount or the other cessionaries of rights to parking bays.<br />
11.2.2 Paramount may cause to be removed or towed away, at the risk<br />
and expense of the Purchaser any vehicle parked, standing or<br />
abandoned on the common property without Paramount's’<br />
consent.<br />
11.2.3 The Purchaser and occupiers of sections shall ensure that their<br />
vehicles, and the vehicles of their visitors and guests, do not drip<br />
oil or brake fluid or in any other way deface the parking area/s.<br />
11.2.4 No Purchaser or occupier shall be permitted to dismantle or effect<br />
major repairs to any vehicle on any portion of Paramount Towers.<br />
11.2.5 The Purchaser or occupier of a parking bay shall not mark, paint,<br />
drive nails or screws or the like into, or otherwise damage, or alter,<br />
any part of the property without first obtaining the written consent<br />
Paramount.<br />
11.2.6 The Purchaser or occupier of a section shall not deposit, throw, or<br />
permit or allow to be deposited or thrown, on the common property<br />
any rubbish, including dirt, cigarette butts, food scraps or any other<br />
litter whatsoever.<br />
11.2.7 The Purchaser or occupier shall not store any material, or do or<br />
permit or allow to be done, any other dangerous act in the building<br />
or on the common property, which will or may increase the rate of<br />
the premium payable by the body corporate on any insurance<br />
policy.<br />
11.2.8 All tenants of parking bays and other persons granted rights of<br />
occupancy by any Purchaser of the relevant parking bays are<br />
obliged to comply with these conduct rules, notwithstanding any<br />
7
12. Security and Access Control<br />
provision to the contrary contained in any lease or any grant of<br />
rights of occupancy.<br />
12.1 Paramount will employ a security company to manage the security of the<br />
parking bays and to control access to and from the parking bays.<br />
12.2 Purchasers, occupiers and visitors will be subject to the security measures<br />
imposed by the Paramount from time to time relating to security and access<br />
control.<br />
12.3 No Purchaser or occupier shall in any way obstruct or cause or allow any<br />
obstruction of corridors, lobbies, entrances, exits, pathways, stairwells or any<br />
other part of the common property.<br />
12.4 Paramount will establish such rules and regulations as Paramount, in its sole<br />
discretion shall deem necessary to regulate the use and enjoyment of the<br />
parking areas.<br />
13. The said Appearer further declared that the Purchaser shall be liable for all costs<br />
connected with the Notary's execution and registration of this Notarial Deed of<br />
Servitude.<br />
8
THUS DONE AND SIGNED BY ME AT CAPE TOWN ON THE DAY, MONTH AND YEAR<br />
FIRST AFOREWRITTEN, IN THE PRESENCE <strong>OF</strong> THE UNDERSIGNED WITNESSES AND<br />
<strong>OF</strong> ME, THE NOTARY PUBLIC.<br />
AS WITNESSES:<br />
1. ___________________________ __________________________<br />
2. ___________________________<br />
q.q.<br />
_____________________<br />
QUOD ATTESTOR<br />
NOTARY PUBLIC<br />
9