Access Agreement Conditions · MCU18/0015

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QUEENSLAND LAND REGISTRY SCHEDULE / ENLARGED PANEL / FORM 20 version 2

Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE / DECLARATION Page 2 of 6
and Water Act 2000

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4

Title Reference SU COTE

This is the Schedule referred to in Item 8 of Easement dated Se day of Grwe dry 200F

The Grantor grants to the Grantee the full right and liberty of way and passage of motor vehicles at all times by day or by
night along, over and across the Servient Tenement at the Grantee’s will or pleasure for the purpose of entering and
exiting the Dominant Tenement in accordance with the provisions hereof and to hold the rights and liberties granted to the
Grantee as appurtenant to the Dominant Tenement provided the said grant of way and passage shall be in common with
the use of the Servient Tenement by the Grantor and in common with all other persons from time to time lawfully using
the Servient Tenement for the same, or similar purposes.

THE GRANTOR AND THE GRANTEE covenant with one another as follows:-

1.

In this Easement
Grantor includes:-
(a) the Executors, Administrators and assigns of the Grantor;

(b) the Registered Owner for the time being of the Servient Tenement and the land of which it from time to time
forms part.

Grantee includes the Successors and assigns of the Grantee.
Dominant Tenement includes any part of the Dominant Tenement.

Motor Vehicle includes a passenger car, light commercial vehicle and any other vehicle which meets the T44 and
W7 loading in accordance with 92 Austroads Bridge Design Code.

Servient Tenement includes any part of the Servient Tenement.

Where two (2) or more persons comprise the Grantor or the Grantee the terms, conditions, covenants and/or
stipulation’s herein contained or implied shall bind them jointly and severally.

Subject to the provisions hereof the Grantor shall keep and maintain the Servient Tenement in good and trafficable
condition at all times.

The Grantee will not:-

(a) _ suffer permit or allow any person, animal, vehicle, trolley or other item of any description without limitation so
that same is not restricted to any class or classes or any things, or any obstruction of any kind, to park, stand
or remain in or upon or be used in the Servient Tenement in such a way that it may delay or interfere with the
rights of the other users thereof except as reasonably permitted herein; nor

(6) — suffer permit or allow any damage other than fair wear and tear to occur to the Servient Tenement by
overloading careless use, causing or contributing to damage, or otherwise;

(c) suffer permit or allow any use of the Servient Tenement for the purposes granted from the Dominant
Tenement to Viewland Drive at the southern boundary of the Servient Tenement outside the hours of 7 a.m.
and 7.30 p.m. each day, or from the Dominant Tenement to Morwong Drive at the northern boundary of the
Servient Tenement outside the hours of 7.00 p.m. and the following 7.30 a.m., it being acknowledged that
the access rights granted by this easement are restricted to use during those times and that there is no grant
outside those times or (as the case may be) any other or different restriction on such access imposed by the
Sunshine Coast Regional Council or upon the application of the Grantor agreed to by the Sunshine Coast
Regional Council as a condition of its approval for development of the Grantor’s land which includes the
Servient Tenement. If there is such a change, the parties agree to execute and register an appropriate
Amendment to be prepared by the Solicitors for the Grantor at the expense of the Grantor;

(d) suffer permit or allow any pedestrian use of the Servient Tenement except to permit the crossing of the
Servient Tenement to connect to public pedestrian rights of way;

 

 

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QUEENSLAND LAND REGISTRY SCHEDULE / ENLARGED PANEL / FORM 20 version 2

Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE / DECLARATION Page 3 of 6
and Water Act 2000

[" “|

Title Reference 507160076

(e) suffer permit or allow any vehicular use of the Servient Tenement at a speed greater than 20 kilometres per
hour, or cause a noise nuisance to neighbouring residents (as reasonably determined by the Grantor after
consultation with the Sunshine Coast Regional Council).

4, Where the Grantee or its employees contractors invitees or customers cause damage to the Servient Tenement by
overloading the same or reckless or negligent driving or by some other means the Grantee will at its own cost and
expense repair the Servient Tenement to good and proper repair and condition and as reasonably required by the
Grantor as soon as practicable and no later than fourteen (14) days from notice in that regard from the Grantor to
the Grantee failing which the Grantor may attend to same and then the Grantee shall pay the cost thereof to the
Grantor or any cost reasonably incurred by the Grantor within fourteen (14) days of demand.

5. If any dispute or difference arises between the Grantor and the Grantee concerning:-

(a) _ following a notice giving reasonable time and details to the Grantor to rectify a material defect in the Servient
Tenement, and the Grantor disagreeing that such a defect exists or is material, whether or not the Servient
Tenement is in a good and trafficable condition;

(b) the type of work required from time to time to be performed in order to restore the Servient Tenement or to
maintain it in a good and trafficable condition (“the Work”);

(c) the sum to be expended from time to time with respect to the Work; or

(d) whether any work requested or required is due to fair wear and tear or otherwise or should be the
responsibility of and paid for by the Grantee pursuant to clause 3 or 4 or both hereof; and/or as to what
proportion (including the whole by any one party) of the cost of the work should be paid by the parties
together if not the sole responsibility of either of them;

then in any such case the matter in dispute shall be determined as provided in clause 6.

6. A dispute shall be referred for discussion before a mediator and determination by him, to be nominated by mutual
agreement between the parties and in the absence of such mutual agreement within 7 days from the date that the
particular dispute arose, by a nominee of the president for the time being of the Queensland Law Society
Incorporate (or anybody exercising the same or substantially similar functions in that regard if it should cease to
exist). It is agreed that the decision of the mediator shall be final and binding on the Grantor and the Grantee and
the costs of determination shall be paid in accordance with the order of the mediator in that regard.

7. The Grantor shall not at any time act in a manner to prevent the Grantee from having full use and enjoyment of the
rights granted to it by this easement except where the Grantor by virtue of its obligations under clause 2 must
reasonably restrict access or, where the Grantor (acting reasonably) considers that there is a sufficient emergency
such that it is appropriate that access to the Servient Tenement be restricted or prevented for such a period or
periods as the Grantor thinks fit in the circumstances.

8. (a) Neither the Grantor or the Grantee may at any time facilitate, suffer or permit by construction of
improvements accumulation of vehicles, use of property or assembly of persons on the Servient Tenement,
unreasonable restriction or obstruction of the surface or level or otherwise of the Servient Tenement to
prevent the other from having full use and enjoyment of the Servient Tenement.

(b) Nothing in this easement will prevent the Grantor from carrying out any works to the Servient Tenement to
construct improvements on the Land including the connection of services to those improvements. Any work
to be carried out by the Grantor must be carried out in a manner so that interference to access over the
Servient Tenement is minimalised. This right does not extend to the Grantee.

9. Indemnity
(a) Without limiting the Grantee’s obligations at Jaw, the Grantee indemnities the Grantor against all actions,
claims, losses, expenses and damages suffered by the Grantor or made against the Grantor by the Grantee

or any party claiming through it in respect of any loss of life, injury, property or other damage, expense or
loss caused by the negligence or breach (as the case may be) of the Grantee or any party claiming through it

L |

 

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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

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10.

11.

12.

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Title Reference SO /6 00976

but where the Grantor has contributed to the negligence or breach, limited to the contribution of the Grantee
or any party claiming through it.

(b) |The Grantee will obtain and maintain public liability insurance in respect of the risks described in this clause
for an amount of not less than $10,000,000.00. The Grantor will accept reasonable evidence of an
appropriate group insurance policy to similar effect, with evidence of currency, in the event that the Dominant
Tenement is owned by more than one party.

The benefit and burden of this easement and its terms, covenants, conditions or restrictions shall pass with and
bind the Dominant and Servient Tenements respectively so as to enure for the benefit of and bind all persons
deriving title from and under the Grantor and the Grantee respectively. Upon ceasing to be the registered owner of
the Dominant and Servient Tenements respectively such persons shall be under no further liability for any event or
occurrence or be entitled to the benefits of the easement thereafter but without prejudice to the rights and
obligations of either party in respect of any antecedent breach.

The benefit and effect of this easement is agreed to be postponed, and the Grantee agrees that it shall have no
right to exercise any of the rights referred to in this easement, until a development approval is granted, and the
development is completed, for the Dominant Tenement.

For the purposes of this clause and this easement the following words have the following meanings:

e “development approval" means such an approval or approvals including a ministerial approval and conditions
of approval by the Sunshine Coast Regional Council in final format enabling the Grantee to immediately and
lawfully proceed with construction of improvements as approved, including in accordance with conditions of
approval on the Dominant Tenement;

*® improvements being completed in accordance with the requirements of the Sunshine Coast Regional Council
and a Certificate of Classification issuing in relation to use if required or applicable;

® "completed" shall mean practical completion of construction (including completion of construction of a stage of
development, if a staged development is approved and constructed in stages, if applicable) in accordance with
the term as is usually used, and in the case of any uncertainty, as evidenced by the issue of a Certificate of
Classification for such improvements by the Sunshine Coast Regional Council, if required or applicable, and
otherwise as reasonably determined by the Grantor's Architect;

e in the case of any uncertainty the issue of a Certificate of Classification following Development Approval shall
be taken to be the date upon which the Grantee may use and enjoy the rights and benefits conferred by this
easement, if a Certificate of Classification is required or applicable, and otherwise, as reasonably determined
by the Grantor's Architect.

The Grantor and Grantee acknowledge that in addition to any other restriction set forth in the definition of “Motor
Vehicle” in clause 1 of this Schedule, the parties agree, in accordance with the requirements of the Sunshine Coast
Regional Council, that there shall be no use by any vehicles outside the following limitation:-

(a) _ Buses are to be limited to 22 seat capacity shuttle buses;
(b) Delivery vehicles for provisions, linen, etc are to be limited rigid vehicles not exceeding 11 metres in length;

(c) Garbage removal vehicles are, subject to the requirements of the Sunshine Coast Regional Council from
time to time, to be limited to standard garbage trucks and/or standard vehicles for the delivery/removal of
garbage compactors;

(d) Service, garbage and delivery vehicles may operate only between (and may not operate outside) the hours
of 8.00am and 5.00pm Monday to Saturday, unless otherwise required by the Sunshine Coast Regional
Council,

unless a different or other restriction is agreed to by the Sunshine Coast Regional Council, including upon the
application of the Grantee as a condition of its approval for the development of the Grantee’s land. If there is such
a change the parties agree to execute and register an appropriate Amendment to be prepared by the Solicitors for

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QUEENSLAND LAND REGISTRY SCHEDULE / ENLARGED PANEL / FORM 20 version 2

Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE / DECLARATION Page 5 of 6
and Water Act 2000

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13.

14.

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Title Reference SBS su%CO76

the Grantor at the expense of the party making the application to the Sunshine Coast Regional Council for the
relevant change.
Maintenance

(a) _ It is a condition to the grant and continued grant of this easement that the Grantee shall pay on demand a
contribution of 10% of the Maintenance Costs.

(b) The Grantor shall not require payment from the Grantee for payment of its share of the Maintenance Costs
on more than a monthly basis.

(c) The Grantor shall be responsible for organising payments of the Maintenance Costs and the maintenance
and repair of the Maintenance Area. The Grantee must promptly contribute its share of the Maintenance
Costs from the Grantor or a person or party authorised by the Grantor.

For the purposes of this clause and this easement the following words have the following meanings:

“Maintenance Area” means the areas identified and marked “A” and “B” in Annexure A to this Schedule, which for
the avoidance of doubt, includes the pathways immediately adjacent to the areas marked “A” and “B” in Annexure
A to this Schedule;

“Maintenance Costs” means all costs and expenses, as certified by the Grantor acting reasonably, that relate to
keeping and maintaining the Maintenance Area in good and proper trafficable repair and condition, including but
not limited to the following, but excluding any costs and expenses payable solely by one or the other of the Grantor
or the Grantee in this easement, for example, repairs to remedy damage in accordance with clause 4):

(a) general grounds maintenance and landscaping of the Maintenance Area;

(b) services costs in respect of the Maintenance Area including (but not limited to) security/control, control of
pests, any safety related matter or environmental audits, external lighting and signage;

(c) energy costs in relation to street lighting and the boom gate(s) on Alma Way.

If requested by the Grantee, the Grantor must provide the Grantee with a certificate certifying the Maintenance
Costs within a reasonable time after request by the Grantee. The Grantee shall not require a certificate from the
Grantor on more than 1 occasion each financial year.

The rights of the Grantee under this Easement (and the payment obligation(s) of the Grantee under clause 13 of
this Easement) are not to commence and are postponed until the Grantor has completed its construction works on
the Servient Tenement and the adjoining land owned by the Grantor. The Grantor must promptly issue a certificate
on such completion and the Grantor's certificate will be conclusive as to its contents.

In the event that any word, phrase, sentence or provision of this Easement is invalid and not enforceable in accordance
with these terms, all other parts and provisions which are self sustaining and capable of separate enforcement with regard
to the invalid provisions are and continue to be valid and enforceable in accordance with their terms.

 

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QUEENSLAND LAND REGISTRY SCHEDULE / ENLARGED PANEL /

Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE / DECLARATION
and Water Act 2000

c

Title Reference SO 76007. b

Annexure A

Maintenance Area

        
  
   
   

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QUEENSLAND LAND REGISTRY GENERAL CONSENT FORM 18 version 5

Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 1 of 1
1. Lot on Plan Description County Parish Title Reference
LOT 900 ON $P207311 WEYBA MARCH 50760096

 

2. Instrument/document being consented to

Instrument/document type Easement L (Access)
Dated /3/o/ | 2007

Names of parties VIRIDIAN NOOSA PTY LTD ACN 104 525 135 and ATTUNGA HEIGHTS PTY LTD ACN 009
G95 920 oo... ssecccssecessseseecsesserenssesseseesensensnssensssnesentstessnacensaecesuceaseuavenesaneseseseseceuesaereceaseasecasseasensesaeees

 

3. Instrument/document under which consent required

Instrument/document type MORTGAGE .............:s:eeceseeceeeereeeeeeee

 

Dealing No. 710758256 and 711560878...

Name of consenting party SUNCORP-METWAY LTD ABN 66 010 831 722 .........sssscsssereeresseeerseeesnrnennsenennesenneree

 

4. Execution by consenting party

The party identified in item 3 consents to the registration of the instrument/document identified in item 2.

Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994
SUNCORP-METWAY LTD ABN 66 010 831 722

SUNCORP METWAY Ltd ABN 66 010 831 722

      

seeceneaeaeeeaeecensseanseeeaeeeneeeneneeeeqgecseneeaaeeengagammetttires signature by its daly constituted Attomey under
Power of Attommey Number 600004094
tereeneeeee wt OMe ir iveeceeeeseseererereerenseerees full NAME CATHERINE YOUNGER LEVEL 1
parte rcssesasnscesscesessecssesesesseearessnesneesseeseeessees qualification Alo }OF
Witnessing Officer Execution Date Consenting Party’s Signature

(Witnessing officer must be in accordance with Schedule 1
of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)

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