Just received the CSA today and saw the RP for the first time. I am shocked at how low it is! Does the SC realise that this RP will have to hold it's value for 2 to 3 years until the completion of sale? Do they really believe that this figure will look good in 3 year's time when it comes to replacing our units? Never mind the waffle about 'raising' it later, if you set your sights so low at the beginning, nothing is going to materialise. You won't reach 40% with that RP.
Under 2 Apportionment method for proceeds of sale, it does not actually say what method they used. But looking at the figures it can be deduced that it's the 50/50 method (Share value/Strata area). This is the same method that was used in Rd I and Rd II. The proceeds difference between the biggest and smallest units is only $30k.
Under 3 SC conducts and controls the collective sale
The phrase 'one or more supplementary contracts' needs clarification.
Under 4 Authorised representatives
'To take any action' is too sweeping. There must be some limits on the SC powers, they cannot be given a blank cheque. We know from experience this can be costly indeed. Our puny sales proceeds would be punier still.
Under 6.3.1 'The completion date of sale' will be no earlier than 3 months after the ...etc
So it is later than 3 months... in other words 'whenever'.
Under 6.4.3 'may also have to pay rent' . I think we can push the SC to negotiate for a nominal rent only. In Rd I the rent was $1.00.
Under 12.1 'Amendment of CSA' . The phrase 'a non-substantial nature' is highly subjective and open-ended. Better to agree to any amendment at the EOGM and stick to that.
Under 2 Apportionment method for proceeds of sale, it does not actually say what method they used. But looking at the figures it can be deduced that it's the 50/50 method (Share value/Strata area). This is the same method that was used in Rd I and Rd II. The proceeds difference between the biggest and smallest units is only $30k.
Under 3 SC conducts and controls the collective sale
The phrase 'one or more supplementary contracts' needs clarification.
Under 4 Authorised representatives
'To take any action' is too sweeping. There must be some limits on the SC powers, they cannot be given a blank cheque. We know from experience this can be costly indeed. Our puny sales proceeds would be punier still.
Under 6.3.1 'The completion date of sale' will be no earlier than 3 months after the ...etc
So it is later than 3 months... in other words 'whenever'.
Under 6.4.3 'may also have to pay rent' . I think we can push the SC to negotiate for a nominal rent only. In Rd I the rent was $1.00.
Under 12.1 'Amendment of CSA' . The phrase 'a non-substantial nature' is highly subjective and open-ended. Better to agree to any amendment at the EOGM and stick to that.
The good things about this CSA- it is mercifully free of the worst kind of legal jargon and without the menacing clauses prevalent in previous CSAs. Pity they didn't include the marketing agent's workings on the residual land valuation (if any).