DRAFT NOTARIAL DEED OF SERVITUDE OF PARKING

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Parking d(1).doc
07/11/2006
ANNEXURE "H"
DRAFT
PROTOCOL NUMBER:
NOTARIAL DEED OF SERVITUDE OF PARKING
BE IT HEREBY MADE KNOWN:
that on the th day of ________________ 2006, before me:
GRAHAM JOHN SONNENBERG
Notary Public, by lawful authority duly sworn and admitted, residing and practising at Cape
Town in the Province of the Western Cape, and in the presence of the subscribing competent
witnesses, personally came and appeared:
ZUNAID RAWOOT
authorised thereto by a Power of Attorney signed at CAPE TOWN on the ___ th day of ______
and granted to him/her by:

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