Council archive · source document
Body Corporate Consent · 132006.823.10
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NICHOLSONS Deed of Engagement
Solicitors
(g) reference to any statute in this Deed includes a reference to that statute as
amended, modified or replaced and includes orders, ordinances,
regulations, rules and by-laws made under or pursuant to that statute;
(h) reference to the provisions of a document or part of a document includes a
reference to all the terms, covenants, conditions, stipulations and
reservations contained in implied in that document or in that part of a
document;
(i) headings are inserted for convenience only and do not affect the
interpretation of this deed.
2. ENGAGEMENT
2.1 The Body Corporate engages the Manager as Caretaker under the terms and
conditions of the Agreement, as varied by this Deed, for the Term of 25 years
commencing on the Commencement Date and expiring on the date that is 25 years
after that date.
2.2 The Manager accepts the engagement.
2.3 The remuneration payable to the Manager by the Body Corporate is equivalent to
$_____________ (including GST) per annum, calculated on a pro rata basis, for the
first year of this Deed, ending on 15 June _____.
2.4 The annual review of the remuneration under clause 4.3 of the Agreement will occur
on 16 June each year.
2.5 The terms of the engagement of the Manager are the same as the terms and
conditions contained in the Agreement as varied by this Deed and with the following
further exceptions:
(a) Clause 3.2 (option) is deleted;
(b) Schedule 1 is amended by reinstating the following clause 7:
7. Subject always to the provisions of this Covenant and CMS, to
regularly water, fertilise, weed and maintain any lawns, gardens and
shrubs on the Common Property and any adjacent footpath and to
maintain the same at a high standard.
(c) Schedule 1 is amended by reinstating the following clause 10:
10. To regularly inspect and report to the Body Corporate on the efficient
working condition of the boom gate and any associated equipment.
3. OCCUPATION AUTHORITY
3.1 The parties acknowledge that the Body Corporate has approved and intends to
construct, at its cost, a shed on the Common Property in the area as generally shown
at Annexure B of this Deed (“Occupation Authority Area”). The parties acknowledge
the area identified in the plan at Annexure B is an approximation only of the
proposed location of the shed and may be subject to change.
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NICHOLSONS Deed of Engagement
Solicitors
3.2 The Body Corporate authorises the Manager to exclusively occupy the Occupation
Authority Area for storage, carparking and all other purposes necessary for the
performance of the Manager’s duties under the Agreement.
3.3 The Manager is responsible to ensure the Occupation Authority Area remains in a
clean and tidy condition at all times and the Body Corporate is responsible for all
maintenance and repairs of the shed.
4. GUARANTEE
4.1 The Guarantor guarantees:
(a) the performance by the Manager of its obligations under this Deed; and
(b) the payment of all loss and damage recoverable by the Body Corporate from
the Manager.
4.2 This guarantee extends to claims by the Body Corporate payable in the terms of this
Deed:
(a) for damages for breach; and
(b) for the Body Corporate’s reasonable legal and other expenses of seeking to
enforce the obligations of the Manager and the Guarantor.
4.3 This guarantee is not discharged and the Body Corporate’s rights against the
Guarantor is not affected by any of the following:
(a) the granting of any extension of time by the Body Corporate to the Manager
or to the Guarantor;
(b) the Body Corporate’s failure to enforce covenants under this Deed against
the Manager;
(c) the total or partial release of liability of the Manager or the Guarantor by the
Body Corporate;
(d) the death, bankruptcy or winding up of the Manager or Guarantor; and
(e) the disclaimer of this Deed following the Manager’s insolvency.
4.4 In respect of any payment made by or on behalf of the Manager under this Deed
that is void or is voided for any reason, the Guarantor shall remain liable under the
Guarantee as if the payment had not been made.
4.5 The Body Corporate is entitled to require the Guarantor pay to the Body Corporate
any outstanding money or other amount to compensate the Body Corporate for any
loss or damage without the Body Corporate having made any claim or instituted any
proceedings against the Manager in respect of such monies.
5. TRUSTEE PROVISIONS
5.1 If the Manager enters into this Deed or at any time holds its interest as manager as
trustee of any trust (“Manager’s Trust”) then, whether or not the Body Corporate has
had notice (actual or constructive) of the Manager’s Trust, the following applies:
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NICHOLSONS Deed of Engagement
Solicitors
ANNEXURE B
(Occupation Authority Area)
Approximate Location of Proposed Shed
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