2020-08-31 SM - Item 2 - Attachment 2 - Infrastructure Agreement

QUEENSLAND LAND REGISTRY                    SCHEDULE / ENLARGED PANEL /                                         Form 20 Version 2
Land Title Act 1994, Land Act 1994         ADDITIONAL PAGE / DECLARATION                                            Page 3 of 5
and Water Act 2000


                                                    Title Reference [to issue]


                   (ix)      time is to Queensland time.

         (b)       A singular word includes the plural, and vice versa.

         (c)       The word ‘month’ means a calendar month and the word ‘year’ means twelve months.

         (d)       A word which suggests one gender includes any other genders.

         (e)       If a word is defined, another part of speech has a corresponding meaning.

         (f)       If an example is given of anything (including a right, obligation or concept), such as by saying it includes
                   something else, the example does not limit the scope of that thing.

         (g)       Any agreement, representation, warranty or indemnity by two or more parties (including where two or
                   more persons are included in the same defined term) binds them jointly and severally.

         (h)       Any agreement, representation, warranty or indemnity in favour of two or more parties (including where
                   two or more persons are included in the same defined term) is for the benefit of them jointly and
                   severally.

         (i)       Words defined in the GST law have the same meaning in this document unless the content makes it clear
                   that a different meaning is intended.


3.       GRANT OF EASEMENT

3.1      Access

         The Grantor grants to the Grantee and the Authorised Users, the non-exclusive right for the Grantee and the
         Authorised Users to pass and re-pass as pedestrians over, along and upon the Burdened Land for access in
         common with the Grantor and its employees, agents, visitors and invitees.


4.       RESTRICTION ON USE
         Each of the Grantor and Grantee must:

         (a)         not do any act likely to jeopardise or prejudicially affect the safety or reliable working of the access way
                     and must at all times refrain from using the Burdened Land in a manner likely to obstruct or
                     unreasonably hinder access to it by any other party; and
         (b)         cause as little inconvenience as is practical and minimise any interference to each other’s use of the
                     Burdened Land.


5.       NO CONSTRUCTION ON RIGHT OF CARRIAGEWAY
         The Grantor must not construct nor allow to be constructed any building or structure on the Burdened Land
         without the Grantee’s consent EXCEPT for a footpath/permanent walkway over the Burdened Land.

6.       REPAIR OBLIGATION
         (a)         The Grantor and Grantee must keep the Burdened Land in good and proper repair and in a condition
                     suitable for the purposes of the grant under this easement.
         (b)         A party must pay the costs of any repair or maintenance of the Burdened Land or the Services caused
                     by the deliberate or negligent act of one party.
         (c)         In the absence of a deliberate or negligent act by one party, the parties shall equally bear all costs
                     associated with the repair and maintenance of the Burdened Land and the Services.



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