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 5 of 6
and Water Act 2000

c

13.

14.

4

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.