Access Agreement Conditions · MCU18/0015

 

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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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

_