Vamizi Island Use Rules Acknowledgement by Purchaser The Purchaser hereby acknowledges and agrees that he has read the content contained herein, and agrees to abide with the content thereof Dated_______________________ Purchaser____________________ Plot Number__________________ As Witness__________________
Introduction and powers of amendment These Island Use Rules exist to protect Vamizi Island's natural beauty and to protect the common interests of all Villa Owners. They should be read in conjuncIon with, and form part of, the VHOA ConsItuIon. It should also be read in conjuncIon with the Vamizi Design Manual. All Villa Owners, by virtue of their ownership of a Private Villa, are obliged to observe and comply with the provisions of these rules and regulaIons and remain responsible for the liabiliIes imposed. These rules and regulaIons may be amended and updated at any stage in such manner as CDBT, with the approval of not less than two thirds of those present and voIng at the relevant GMVO, may determine. Breach of these Island Use Rules is dealt with in the manner as set out in Clause 12 of the VHOA ConsItuIon.
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Common Area(s) -‐ the area(s) within the Estate Area, inclusive of the airstrip, buildings at the airstrip and access routes to and from the airstrip, held on the Island outside the Estate Area, but excluding the Villa Plots Common Retreats -‐ the beach clubs, restaurants and ameniIes in speciﬁed locaIons across the Island, as idenIﬁed on the Master Plan and established for the exclusive enjoyment of Villa Owners Conserva0on Team -‐ CDBT appointed conservaIon professionals, tasked with implemenIng measures and management plans to protect the Island's inland and marine biodiversity CDBT -‐ Cabo Delgado Biodiversity and Tourism, Limitada Design Code -‐ has the meaning given to it in the Services and Maintenance Agreement to be entered into between each Villa Owner and CDBT Design Manual -‐ has the meaning given to it in the Services and Maintenance Agreement to be entered into between each Villa Owner and CDBT Design Review Commi;ee -‐ has the meaning given to it in the Promissory Sale and Purchase Agreement to be entered into between the Purchaser and CDBT Dive Centre -‐ the dive centre at the Marina, or pending the construcIon of the Marina, the Lodge Estate Area -‐ the area held by CDBT under the DUAT Exclusive Build Area -‐ the area within which buildings must be constructed on a Villa Plot subject to the provisions of the Design Code Page | 2
Fishing Centre -‐ the ﬁshing centre at the Marina, or pending the construcIon of the Marina, the Lodge
GMVO -‐ a General MeeIng of Villa Owners, held in accordance with the VHOA ConsItuIon High Water Mark (HWM) -‐ the line deﬁned by the high Ide of the ocean at spring high Ide Island -‐ Vamizi Island, Quirimbas Archipelago, Mozambique Island Manager -‐ an individual appointed by CDBT to manage the aﬀairs of the Island. The Island manager will head up a senior management team.
Marina -‐ the locaIon where all motorized cra] must be stored and launched from as idenIﬁed on the Master Plan. Rules of the waterways and marina will be on display at the Marina Master Plan -‐ the Vamizi Island Master Plan as prepared by CDBT and approved by the Mozambican authoriIes Ops hub -‐ the operaIons centre as idenIﬁed on the Master Plan Private Villa -‐ the buildings/improvements made within the Exclusive Build Area of the Villa Plot Villa Owner -‐ the registered Itle holder to a Private Villa Villa Plot -‐ the private area including and surrounding the Exclusive Build Area to which the Villa Owner has an exclusive right of use VHOA -‐ the Vamizi Home Owners' AssociaIon VHOA Board -‐ the board of directors of the VHOA, as appointed from Ime to Ime in accordance with the VHOA ConsItuIon VHOA Cons0tu0on -‐ the consItuIon of the VHOA, as in force from Ime to Ime Waterways -‐ the reef protecIon areas around the Island to which these rules apply
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Moving around on the Island
In order to preserve vegetaIon and prevent erosion, movement around the Island inland of the high water mark, must at all Imes be restricted to marked tracks (e.g. golf cart tracks, mountain bike trails & walking paths), as deﬁned on the Master Plan.
Driving of golf carts on any beaches is expressly forbidden.
No vehicles other than golf carts, which have been authorised by the GMHO Commiaee, are permiaed on the Island – save for the exisIng vehicles used exclusively by the Vamizi Island Lodge or by construcIon staﬀ.
No scooters or motorbikes are permiaed on the Island except those used by construcIon staﬀ.
Villa Owners and their guests shall have a right to access and traverse the Common Areas on the Island, save for the private demarcated Villa Plots and restricted areas for wildlife protecIon as designated by the Island Manager in accordance with the Master Plan and with advice from the ConservaIon Team from Ime to Ime.
No Villa Owner shall cause or allow an obstrucIon to be created in the Common Areas.
No parking space in the Common Area shall be used for any purpose other than to park golf carts, except as permiaed by the GMHO Commiaee.
Pedestrian access to the beach from a Villa Plot is restricted to a maximum number of paths as set out by the development team during construcIon with advice from the ConservaIon Team to ensure protecIon of the sensiIve coastal zone.
No Villa Owner shall cut, injure or otherwise damage any tree, or any vegetaIon whatsoever, on the Villa Plot as well as the Common Area.
HunIng and snaring are not permiaed on the Island.
Disturbance of any animal or bird is strictly forbidden.
Feeding of samango monkeys is strictly forbidden.
All rubbish bins must be enclosed, and no food le] accessible to monkeys and other animals.
No shells (alive or dead) may be removed from the ocean or the beach.
Villa Owners and their guests may not remove any ﬂora and/or fauna from the Island.
No non-‐indigenous animals or plants shall be introduced to the Island.
Mozambican law prohibits the collecIon of dead or living coral, both of which play a pivotal role in the ecosystem.
Mozambican law speciﬁcally prohibits hunIng marine turtles and removing or destroying their eggs. Furthermore, any acIvity that may disturb marine turtles' ecosystems and habitat, and in general their normal development, is prohibited by law – in parIcular, external lighIng from the Private Villa that impacts upon the coastal zone is to be strictly controlled.
No animal, livestock, fowl or pets shall be kept on the Island by Villa Owners. Page | 4
Villa Owners are obliged to adhere to noIces issued from Ime to Ime by the ConservaIon Team or the Island Manager.
Private Villa use
No Private Villa shall be used or occupied or permiaed to be used or occupied except as a private dwelling by the Villa Plot owner, his family, guests or by tenants through the rental pool system.
Villa Owners shall not adverIse Villa Plots or buildings thereon for rent. An opIonal rental pool scheme will be established by CDBT, which will have the exclusive right to rent Private Villas on the Island.
No trade or business of any kind may be carried in or on any Villa Plot or any building thereon.
The Island Manager shall cerIfy the number of beds within each Private Villa, and this number should not be exceeded at any one Ime.
Landscaping and gardening
Gardening or indigenous landscaping is only permiaed within the Exclusive Build Area.
Any removal of trimming or vegetaIon requires the express approval of the Island Manager.
Large garden refuse, such as branches and large shrubs, must be disposed of at the Ops hub.
No 'gardening' or any intervenIon whatsoever is permiaed outside of the Exclusive Build Area.
Only pesIcides, ferIlisers and other garden chemicals purchased from the Island nursery may be used.
The Island Manager has the right at any Ime to restrict the creaIon of gardens within the exclusive building area should he be of the opinion that they are not in keeping with the ﬂora of the Island.
Permiaed plant species will be available for purchase from the Island Nursery.
Barbecues and =ires
Barbecue acIviIes may only be conducted with ﬁxed or movable barbecue sets on the Exclusive Build Area and always with the appropriate care to avoid ﬁres.
Outside ﬁres are only permiaed at designated ﬁre places made of ﬁre resistant brick.
Fires on the beaches are expressly forbidden.
No ﬁrewood may be collected on the Island. Fire wood and charcoal may be purchased from the supermarket.
No owner of any Villa Plot shall do anything or permit anything to be done that will further increase the risk of ﬁre on their Villa Plot or any buildings thereon.
A Villa Owner shall at all Imes comply with the direcIons of the Island Manager in relaIon to the disposal of garbage and the control or exterminaIon of vermin, insect Page | 5
and other pests. Compliance with the Design Manual in relaIon to the storage of refuse will be strictly enforced. 6.2
No owner, family member, guest or tenant of any Villa Plot shall throw refuse out of the window of a building, or from a vehicle in the Common Area, or from any terrace or balcony on his Villa Plot.
Villa Owners are encouraged to collect and dispose of 'ﬂotsam' from the beach zone in front of their Villa Plot.
No instrument or other device shall be used on a Villa Plot which in the opinion of the Island Manager causes a disturbance or interference with the comfort of other Villa Owners and/or tenants.
No Member shall cause any noise to be made or any acIvity to be undertaken that will interfere unreasonably with any other Villa Plot owner or tenant, or guest of the Lodge.
The volume of music, musical instruments, entertainment or acIviIes of domesIc employees emanaIng from a Private Villa or its surroundings should be at such level as not to cause nuisance to any other Villa Owners, their guests, tenants, guests of the lodge or to wildlife on the Island.
No television antenna, tower or similar structure shall be erected on a Villa Plot except as approved by the Design Review Commiaee.
No signs, billboards, noIces or other adverIsing maaer of any kind shall be placed on any area of any Villa Plot without the wriaen consent of the Island Manager ﬁrst being obtained.
When using the faciliIes of the Common Retreats the Villa Owner and his guests must ensure that they are aware of and comply with the rules and regulaIons as adverIsed on the premises from Ime to Ime i.e. the rules contained herein are not exhausIve.
Villa Owners shall not be enItled to use the Lodge faciliIes without the express permission of the Lodge Manager in advance and subject to availability.
Private Villa construction/alterations
No Villa Plot shall be further sub-‐divided.
Only ONE Private Villa, subject to the restricIons on maximum size as contained in the Design Manual, may be erected on the Exclusive Build Area of any Villa Plot.
No building other than a building permiaed by the Vamizi Design Review Commiaee shall be built or erected on any Exclusive Build Area.
No building shall be constructed on any Exclusive Build Area by any person other than a company designated by CDBT.
A Villa Owner desiring to erect any buildings and/or structures of any nature whatsoever, or to make any alteraIons, modiﬁcaIons or renovaIons to the exterior of such buildings and/or structures ("the proposed work") on the Exclusive Build Area of his Villa Plot shall ﬁrst submit sketch plans to the Design Review Commiaee and, once those are provisionally approved by the Design Review Commiaee, shall then Page | 6
submit a full detailed set of proposed building plans and speciﬁcaIons, which indicate both construcIon and design details, to the Design Review Commiaee, for its ﬁnal wriaen approval, prior to the transfer of such plans to CDBT for submission to the relevant authoriIes for approval in accordance with clause 8.7. 8.6
The Design Review Commiaee shall only give wriaen approval for the proposed work: (a)
if the proposed work complies with the Design Code; and
the Villa Owner has made payment to CDBT of any costs which may be incurred in obtaining such approval, including a 10% management fee to include the costs incurred by the Design Review Commiaee
Any applicaIon to any governmental authority for permission to make any addiIon, alteraIon or improvement on any Villa Plot in accordance with this clause 8 shall be executed by CDBT on behalf of the owner of the Villa Plot at cost plus [10%] professional and management fee. The applicaIon may only be made once approval has been granted by the Design Review Commiaee, subject to any scruIny fees applicable and payable by the Villa Owner.
The Iming of alteraIon works must be carefully coordinated with the Island Manager to minimise disturbance to the owners, guests or tenants of other Villa Plots and to Lodge guests.
Any modiﬁcaIons or alteraIons must be made WITHIN the Exclusive Build Area on the Villa Plot.
Each owner of a Villa Plot shall promptly perform repair work on any building or construcIon within his own Exclusive Build Area which if omiaed would in the opinion of the VHOA Board adversely aﬀect the common good of all Villa Owners.
CDBT may undertake to make emergency repairs on a Villa Plot which consItute an immediate health hazard without the prior authorisaIon of the plot owner, the cost of which will then be expenses to the Villa Owner (e.g. a leaking sepIc tank).
The Villa Owners are not permiaed to install extra diesel or petrol powered generators. Electricity must be obtained from the service hubs or from solar panels or other renewable energy sources installed by the Villa Owner within the Villa Plot, provided always that the laaer shall not disturb or inconvenience other Villa Owners and guests, tenants or Lodge Guests and will be designed, supplied and ﬁaed by CDBT at cost plus 10% (to include the fees of the Design Review Commiaee), approved by the Design Review Commiaee, and which will integrate with the energy grid on the Island.
Safety and security
CDBT will not be responsible for the safety of possessions stored in Private Villas or on whether relaIng to the owners, occupants or tenants. It will be the responsibility of the Villa Owner to insure his contents against ﬁre and the].
CDBT shall not be responsible for any loss, injury or damage caused to the Villa Owners and/or their guests of any nature.
Children under the age of 12, must be supervised at all Imes when at the beach, swimming or partaking in water sports. Page | 7
All electrical appliances or equipment used on any Villa Plot shall comply with normal standards and the applicable regulaIons made by the VHOA Board and from Ime to Ime in force.
The ﬁre-‐ﬁghIng equipment located on any Villa Plot must be maintained in good working condiIon
10. Private planes and helicopters 10.1 Villa Owners that wish to land and store their own aircra] on Vamizi whilst in residence must sign an aviaIon indemnity agreement in the form provided by CDBT. 10.2
A private plane may be parked on the Island whilst the owner is in residence. It is parked at the owner's risk. A landing fee and daily parking fee shall apply.
Helicopters are permiaed to land on the helipad at the airstrip subject to the Island Manager's prior permission and provided that there is minimal disturbance to Villa Owners, guests, tenants and Lodge guests.
11. Marina and waterway use 11.1
These rules shall be governed by and construed and interpreted in accordance with the laws of the Republic of Mozambique and all users of the Marina and Waterways consent to the jurisdicIon of the Courts of Mozambique.
CDBT may purchase a small pool of motor boats (for ﬁshing/diving) and rent them to other Villa Owners or guests of the Lodge. Villa owners (either individually or collecIvely) may also purchase motor boats for the same purposes and may arrange for their hire through CDBT by other villa Owners/Lodge guests. Each boat will have a dedicated skipper to navigate the waters, ﬁnd the dive and ﬁshing spots and maintain the cra].
Small non-‐motorised cra] (such as canoes, windsurfers, kayaks etc) that have an 18] or smaller hull and may be li]ed by owners or staﬀ must be stored in garages/ storerooms/boat-‐racks or covered trailers on the Exclusive Build Area of the Villa Plot. During occupaIon of a Private Villa the non-‐motorised cra] may be stored overnight within the tree line above the High Water Mark.
Larger non-‐motorised and all motorised cra] (such as sailing yachts and all motor boats) must either be stored at the Ops Hub or the Marina at all Imes. This includes any temporary marina or moorings on the South side of the island during the months of December, January and February.
Motorised cra] and all other marine cra] owners must: (a)
ensure that their cra] is at all Imes seaworthy and in a ﬁt and proper condiIon;
ensure that they take reasonable precauIons against the outbreak of ﬁre in or upon their cra], and ensure that there is at least one suitable, operaIonal ﬁre exInguisher for every 5 metres of motorised cra] at all Imes;
noIfy the Marina Manager of their intenIon to use any motorised cra] and the approximate departure and return Imings;
report any incident or accident occurring aboard any cra] of a serious nature to the Marina Manager; Page | 8
always proceed at a safe speed in relaIon to the prevailing weather and sea condiIons;
refrain from crossing over coral or coral reefs at a depth of less than 2.5 meters with boats with or without motor;
always comply with the designated routes in and out of the Marina and within the Waterways as adverIsed at the Marina;
either use the services of a dedicated skipper, or hold a valid skipper's license for Mozambique as well as the relevant 1st aid and Radio qualiﬁcaIons;
noIfy the Marina Manager of any complaint in regard to the skipper;
ensure that children and non-‐swimmers wear personal ﬂotaIon devices at all Imes;
acknowledge that the InternaIonal Rules for the PrevenIon of Collisions at Sea shall apply to the Marina and Waterways;
ensure that a working VHF radio and/or satellite telephone are aboard the motorised cra] at all Imes;
ensure that details of the cra] are provided to the Marina Manager as may be required from Ime to Ime, as well as any changes to the ownership of the cra];
not store on the cra] any dangerous, inﬂammable, poisonous or noxious substances other than in properly secured containers speciﬁcally designed to contain such substances against leakage;
not discard or discharge any refuse or waste materials such as oil, petrol, tar, paint, detergent, sewerage, or other debris into the Marina area of elsewhere in the Waterways;
only refuel within the Marina;
not operate, or permit to be operated, in or around the marina or in proximity to any Private Villas or the Lodge, any engine generator, other machinery, radio, CD player or any other apparatus, so as to cause nuisance, annoyance or inconvenience to any person;
not use the cra] or the Marina or Waterways in a manner which may cause nuisance, annoyance or inconvenience to any Villa Owner or Lodge guest;
maintain the cra] in neat and Idy condiIon and in a state of good repair;
not charter the cra] to any 3rd party or otherwise cause the cra] to be used commercially, unless via the Marina Manager;
not display 'for sale', 'for rent' or similar such adverIsing materials anywhere other than on the allocated noIce board in the Marina and only with the consent of the Marina Manager; and
ensure the motorised cra] is fully insured at all Imes and demonstrate proof of such insurance to the Marina Manager as may be required from Ime to Ime; and
ensure that any annual licenses, taxes or fees payable relaIng to the cra] are up to date. Page | 9
Fishing and diving rules
Any person seeking to ﬁsh shall obtain an oﬃcial permit through the ﬁshing centre at Marina, or pending the construcIon of the Marina, the Lodge.
Any person seeking to ﬁsh or dive shall not be enItled to do so unIl such person has signed the conduct rules, a copy of which is displayed at the both the Dive Centre and the Fishing Centre.
All divers must sign a non-‐liability form at the Dive Centre, regardless of their qualiﬁcaIons.
Due to the remoteness of Vamizi all divers must be able to demonstrate proof of diving insurance.
At least one person in the dive group must carry a buoy;
There must be no collecIon of corals and shells and no spear-‐ﬁshing on scuba.
Children must be accompanied by a responsible adult whilst in or around the Marina, or Waterways.
Due to presence of coral in close proximity to the beach, motorised cra] may not be beached anywhere on the Island.
Anchoring on coral or on the coral reef is prohibited by Mozambican law.
All motorised cra] must remain in the Marina, or on the Marina moorings, overnight to ensure that there is no visual impact for Villa Owners.
The use of jet skis and waterskiing around the Island is not permiaed.
Every user of the Marina and Waterways enters, remains and departs from these areas at their own risk.
Large sailing cra] over 18] hull must be stored at the Marina when not in use. Storage fees will apply as adverIsed in the Marina.
When weather requires it, a temporary marina will be established on the south coast of the Island. The same rules as per the permanent Marina will apply.
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Acknowledgement by Purchaser Introduction and powers of amendment Page | 1 1. ...
Published on Sep 12, 2011
Acknowledgement by Purchaser Introduction and powers of amendment Page | 1 1. ...