MCU14/0106 Appendix M - CT, Survey Plan, Easements and Covenants

 

QUEENSLAND LAND REGISTRY SCHEDULE ENLARGED PANEL / FORM 20 version 2
* Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE -/ DECLARATION Page 4 of 6

and Water Act 2000

7:

3.2(i)

3.2(ii)

5.1.

5.2.

7.4.

8.1,

4

Title Reference 50644776 (new Title to issue)

lf the Grantor commences the works for the Grantor’s Development, the Grantor must perform the works
referred to in clauses 3.1(i) to 3.1(iii). However, the Grantee may elect, at its option and at the Grantee's
cost, to carry out the works referred to in these clauses prior to the Grantor commencing the works for the
Grantor’s Development.

To avoid doubt, if the Grantee carries out the works referred to in clauses 3.1(i) to 3.1(iii), the Grantor is not
relieved of its obligations under clauses 3.1(ii) and 3.1(iii) so far as those obligations relate to matters other
than the construction of the works.

Grantee’s Covenants

The Grantee must:-

@) at all times exercise the rights granted by this Easement in a proper manner and so as to cause as
little inconvenience as possible to the Grantor and other authorised users of the Servient Tenement;
and

(ii) subject to clause 3, immediately repair (at its cost) and make good any damage caused or

contributed to (to the extent of such contribution) by the Grantee or its servants, agents, contractors
or any other person claiming through or under the Grantee to the Servient Tenement in the course of
the Grantee’s exercise of the rights granted by this Easement.

Costs

Each party must pay their own costs (including legal costs) in relation to the preparation, negotiation and
execution of this Easement.

The Grantee must pay all costs associated with the stamping, local authority approval, survey plan
preparation and registration of this Easement.

Grantee’s Indemnity

The Grantee shall indemnify and keep indemnified the Grantor against any costs, expenses, claims,
demands or actions arising out of:-

(i) personal injury or property damage caused to any third party or the Grantor incurred upon the
Servient Tenement and caused by the negligence of the Grantee or its servants,agents, contractors
or any other person claiming through or under the Grantee; and

(ii) any damage or destruction to the Servient Tenement caused by the negligence of the Grantee or its
servants, agents, contractors or any other person claiming through or under the Grantee (other than
as a result of fair wear and tear).

Insurance

The Grantee shall effect and keep in place public liability insurance in the sum not less than $20,000,000.00
in respect of the exercise of the Grantee’s rights pursuant to this Easement upon the Servient Tenement.
Benefit and Burden of Stipulations

The benefit and burden of the covenants, agreements and stipulations in this Easement shall pass with and

bind the Servient Tenement and Dominant Tenement and bind all persons deriving title from or under the
Grantor or Grantee and the Grantor and Grantee on ceasing to be the registered owners of the Servient

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