Signed letter of submission to Noosa Council - 19.1.19 · MCU18/0015

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for lots 3 and 4 will be taken from the existing Alma Way road construction located within
the Pepper's Noosa Resort and Villas development and that existing access easements
(and rights) exist to facilitate this arrangement.

2.2. That statement is manifestly incorrect and unacceptable to the Body Corporate. Council
must not rely on that statement.

2.3. We draw Council's attention to the terms of easement as set out in the registered
easements in favour of Lot 27 on RP 87506:

Easement L
Clause 11 states:

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 word's 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;

e 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;

e "completed" shall mean practical completion of construction (including completion of
construction of a stage of development, ff 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.

A copy of the easement is attached.

Easement M & P
Clause 8 states:

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 also 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;

e 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;

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e "completed" shall mean practical completion of construction (including completion of
construction of a stage of development, H 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 the Certificate of Classification is required or
applicable, and otherwise as reasonably determined by the Grantor's architect.

A copy of the easement is attached.

24.

2.6.

If there is a development approval, any development approval must ensure that the
development conditions do not conflict with the terms of Easements L, M and P on
$P207304.

Any approval should be conditioned so that the approved uses of land in the Viridian
Noosa Community Titles Scheme 41478 can continue to comply with conditions of the
development approval applying to the Scheme Land, without additional burdens or costs
imposed on the Body Corporate and consistent with the terms of easements granted.

Any approval must ensure that the construction of an approved development does not
result in, directly or indirectly, a breach of easement terms or inconvenience or nuisance
to the approved use of land within Viridian Noosa Community Titles Scheme 41478.

3. Other Matters

3.1.

A.

If Council approves the application (insofar as it relates to proposed lots 3 & 4) (and which
the Body Corporate submits it should not) we note as follows:

Easements P and M on SP207304 are each 6 m? in area and are registered for access
purposes for garbage enclosures and landscaping and for the storage of refuse bins.
Council should condition any approval to include the following in relation to the following
matters:-

a. Easement M on SP207304 is to be allocated so as to benefit proposed Lot 3 only;

b. Easement P on SP207304 is to be allocated so as to benefit proposed Lot 4 only;

c. No garbage is to be stored in these easements from others lots in the approved
development;

d. No construction plant, equipment, materials or associated construction waste is to be
stored within these easements (or elsewhere within the Viridian Noosa Community
Titles Scheme 41478) at any time;

e. As required by the existing conditions within the schedule for the respective
easements, the developer should submit to the Body Corporate, for its approval, full
details of the proposed enclosure design, construction, and materials, screening
landscaping and the like.

Easement L on SP207304 comprises an area of 8241m? for the purposes of access over
common property. The Council should condition any approval to include the following
matters:

a. Easement L on SP207304 is to be allocated so as to benefit Proposed Lot 3 and 4
only and not any other lot in the approved development;

b. Those motor vehicles using Easement L must comply with all conditions in the
schedule of the registered easement which includes, but by no means limited to, the
following:

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3.2.

Summary

vi.

all motor vehicles using Easement L must meet T44 and W& loadings in
accordance with Australian Bridge design Code;

any buses using Easement L to be limited to 22 seats capacity shuttle buses;
delivery vehicles for provisions, linen, etc, using Easement L are to be limited
rigid vehicles not exceeding 11 metres in length;

garbage removal vehicles using Easement L are subject to the requirements of
Noosa Council from time to time, to be limited to standard garbage trucks
and/or standard vehicles for delivery/removal of garbage compactors;

service, garbage and delivery vehicles using Easement L may operate only
between (and may not operate outside) the hours of 8:00am to 5:00pm Monday
to Saturday, unless otherwise required by Noosa Council;

motor vehicles, machinery, building materials and the like are not stored or
parked in the easement or on the Servient Tenement (i.e. Viridian Noosa CTS)
during construction.

Council should condition any development on the basis that no vehicles may use
Easement L for construction of any approved development.

The plan in Annexure A — Maintenance Area in the existing registered easement

document should be amended to reflect the approved development over the proposed
development site. This Annexure should also be amended to show Area A that is
within the easement and not include part of the gazetted road in Morwong Drive. All
alterations to the easement document are to be approved by the Body Corporate and
made at no cost to the Body Corporate.

Any combined development approval should include conditions that ensure that:-

A. Any emissions of noise, dust and lighting during construction and subsequent ongoing
use of the approved development does not create nuisance for guests and visitors to
the scheme land.

B. Any security and safety lights during construction and for the ongoing use of the
approved development are to be positioned and orientated and designed so as not to
create a nuisance for guests and visitors to the scheme land as well as the
surrounding ecosystem.

C. No construction is to be undertaken on the approved development over weekends or
on any public holidays.

The Body Corporate is committed to opposing the development application. It is inappropriate
development (so far as relates to proposed lots 3 and 4) and cannot rely on any express (or implied)
tights which the applicant seeks to substantiate with the easements identified in this submission.

Representatives from the Body Corporate are prepared to meet with the Council to discuss the above if
the Council considers that there is merit in doing so.

Yours sincerely,

fok.

jgowdie:

      

@d

Imgroup.com.au

    

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AR

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QUEENSLAND LAND REGISTRY EASEMENT FORM 9 Version 4
Land Tiile Act 1994 and I and Act 1904 Duty imprint Page 1

| | | 712717229 oS 1 428 omnme

$ 1 2 4 20 Gott OO Z 29_-1 LS
@9/09/2009 11:27» ‘| duty Pads.

Oo Exempt

 

 

 

 

 

 

 

 

BE 600
4. Grantor
VIRIDIAN NOOSA PTY LTD ACN 104 525 135 NICHOLSONS SOLICITORS Code
GPO Box 454 250 A
BRISBANE QLD 4001
Ph. 07 3226-3944
Ref: SJG:tsg:42781
2. Description of Easement/Lot on Plan County Parish Title Reference
é, / Servient Tenement (burdened land)
G- EASEMENT L ON SP 207304 MARCH WEYBA 5076007 6
*Dominant Tenement (benefited land)
LOT 27 ON RP 89506 MARCH WEYBA 13124199
3. Interest being burdened *4. Interest being benefited
FEE SIMPLE FEE SIMPLE
# not applicable Hf easement in gross
5. Grantee  Givennames Surname/Company name and number {include tenancy if more than one)
ATTUNGA HEIGHTS PTY LTD
ACN 009 995 920
6. Consideration 7. Purpose of easement
$1.00 ACCESS

 

8. Grant/Execution

The Grantor for the above consideration grants to the Grantee the easement over the servient tenement for the purpose stated in item
7 and the Grantor and Grantee covenant with each other in terms of the attached schedule.

Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994
VIRIDIAN NOOSA PTY LTD

ACN 104 525 135

  
  

sheseeeesteasscrersanersenersateneenseneesessnovannenmescenesecassaensensne se signature \- se 2
ES SSRESEESSSESSESGET SSW COUT FOOYSOEGTOTESOTETSTTEGSCTSICGVOFISTCGvSVSTFOTSTVGH full name rf

dee aee eae ensae cae saeacd ors coeeee cen eeeene cee see seesterararseereess QUallification A, 4, a ser aes Paciistiek seen LECOR
Witnessing Officer Execution Date | Ni Grantor’s Signature

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

INGA HEIGHTS PTY LTD
os ACN 009 995 920

SOLE O/IRETIOS

3 1408

Execution Date

 

of Land Tile Act 1904 eg Legal Practitioner. JP, C Dec)

 

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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

c

4

Title Reference SURCOGTL

This is the Schedule referred to in Item 8 of Easement dated |e day of Game dey 2008

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 lawiully 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
tights of the other users thereof except as reasonably permitted herein; nor

(b) 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

rc

Title Reference SU M0076 |

(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).

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.

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.

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.

The Grantor shall not at any time act in a manner to prevent the Grantee from having full use and enjoyment of the
fights 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.

(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.

Indemnity

(a) | Without limiting the Grantee's obligations at law, the Grantee indemnifies 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

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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

2

10.

11.

12.

4

Title Reference SU 760076

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
lawtully proceed with construction of improvements as approved, including in accordance with conditions of
approvat on the Dominant Tenement;

e 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;

e “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 tength;

(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 tand. 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

rc

13.

14,

7

Title Reference SBE sv%0O76

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
Ato 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 / FORM 20 version 2

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

[- “d

Title Reference 5076007

Annexure A

Maintenance Area

    
  
    
 

1013-AMA0N

Frtiay 23 eter 2007

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Page 11

QUEENSLAND LAND REGISTRY GENERAL CONSENT FORM 18 version 5
Land Title Act 1904, Land Act 1994 and Water Act 2000 Page 1 of 1

cr

=

 

 

 

1. Lot on Plan Description County Parish Title Reference
LOT 900 ON SP207311 WEYBA MARCH 50760096
2. Instrument/document being consented to
Instrument/document type Easement L (Access)
Dated /3/0 / 2007
Names of parties pi NOOSA PTY LTD ACN 104 525 135 and ATTUNGA HEIGHTS PTY LTD ACN 009
3. Instrument/document under which consent required
Instrument/document type MORTGAGE ............-...sesccsssseseseeeeenees
Dealing No. 710758256 and 711560878............ccsscssssssecseeseeeeees
Name of consenting party SUNCORP-METWAY LTD ABN 66 010 831 722 .........sscescsssssesessesseseseesececseseecatesteceeneees
4. Execution by consenting party

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

Ss eailbacucecasbessctausccedckacsccupnsetneseedesiagepaelO es signature

   

Wit

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 66 070 831 722

full name
sa vicawsvwscvnssuvtcancinstssitactsseisiastbuasnsssene qualification 2b 104%

 

nessing 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}

Privacy Statement
Collection of this information is authorised by the Land Title Act 1994 the Land Act 1994 and the Water Act 2000 and is used to maintain the publicly
searchable registers in the land registry and the water register. For more information about privacy in NR&W, see the department's website.

Page 12

 

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QUEENSLAND LAND REGISTRY EASEMENT FORM 9 Version 4
Lend Tile Art 1004 and tand Act 1004 imprint Page 1 off

| | eS cientne 1 OS AZEA oe na 0 |

$124.20 Transaction No: © 90-214 -1 44
09/09/2009 11:35 e { . No? oO Exempt

| Duty Paid $ ..P
BE 600 poy

 

  
  
 
  
  
   
 
 

 

oy
4. Grantor Lodge?’ tame, address, E-mail phon
VIRIDIAN NOOSA PTY LTD ACN 104 525 135 NICHOLSON

 

 

 

 

GPO Box 454
BRISBANE QLD 4001
Ph. 07 3226-3944
Ref; SJG:tsq:42781
2. Description of Easement/Lot on Plan County Parish Title Reference
Servient Tenement (burdened land)
EASEMENT ON SP 207304 MARCH WEYBA $076 0096
EASEMENT M ON SP 207304 MARCH WEYBA SO 76 COYFS
*Dominant Tenement (benefited land)
LOT 27 ON RP 89506 MARCH WEYBA 13124199
3. Interest being burdened "4. Interest being benefited
FEE SIMPLE FEE SIMPLE
# not applicable it easement in gross
5. Grantee  Givennames Surname/Company name and number (include tenancy if more than one)
ATTUNGA HEIGHTS PTY LTD
ACN 009 995 920
6. Consideration 7. Purpose of easement
$1.00 ACCESS

 

8. Grant/Execution

The Grantor for the above consideration grants to the Grantee the easement over the servient tenement for the purpose stated in item
7 and the Grantor and Grantee covenant with each other in terms of the attached schedise.

Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994
VIRIDIAN NOOSA PTY LTD

   
 
 

ACN 104 525 135

re signature QHETOK
susssaucsvearsarertscuseneesssesseeceaeacsseesqasneseessteuscsevsenseerentens full name ~
seceesssstussessesuuesenses see siteessaseeeses sees easeesseneeeee Qualification AE LOB en Ree Licsssessssssssernsesnsesnee When
Witnessing Officer Exe: i" Grantor's Signature
(Witnessing officer must be in accordance with Schedule 1
of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)

— ATTUNGA HEIGHTS PTY LTD

  
   

ES TP ACN 008 995 620

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

 

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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 4
and Water Act 2000

a

5

Title Reference 50760096

This is the Schedule referred to in Item 8 of Easement dated /aW day of TAN a PY 2007

THE GRANTOR AND GRANTEE DO HEREBY COVENANT AND AGREE with each other in the following terms:

1.

2.

Covenants — Nil.

Subject to the provisions hereof and in particular but without limitation to the provisions for clause 7 hereof, the
Grantor hereby grants to the Grantee the non-exclusive right to construct upon and use such part of parts of the
Servient Tenement as are set aside for the purpose of the storage and use of garbage bins including all rights
reasonably ancillary to the use (including reasonably necessary pedestrian but not vehicular access) subject to the
following terms conditions and restrictions provided that no individual Grantee have the right to utilise any more of
the Servient Tenement than any other grantee.

The Grantee may construct upon the Servient Tenement at its own expense in all respects, an appropriate slab or
sealed surface, fencing to surround, and the planting of appropriate screening, garden and/or shrub areas, such
area to be completely enclosed and effectively screen for present and future use, in a manner to be approved by
the Grantor. Before any construction is commenced, the Grantee must submit to the Grantor for its approval full
details of the proposed enclosure design, construction, and materials, screening landscaping, and the like, and
must obtain the consent of the Grantor in that regard before proceeding or exercising and any rights hereunder
(such consent not to be unreasonably withheld or delayed); such design and construction material landscaping and
the like to be in accordance with all relevant Local Authority requirements.

The Grantee will not:-

(a) suffer permit or allow any obstruction of any kind to stand or remain in or upon the Servient Tenement in
such a way that it may delay or interfere with the rights of the other users thereof as permitted herein; nor

{b) suffer permit or allow any damage other than fair wear and tear to occur to the Servient Tenement by
overloading or otherwise;

(c) use the Servient Tenement for the deposit of any rubbish itself or any other thing except the garbage bin or
bins provided by the Local Authority for use by residents of the completed development on the Dominant
Tenement;

{d) use the Servient Tenement for the deposit of more garbage bins per resident (at any one time and from time
to time) than provided by the Local Authority for a standard service;

(e) use the Servient Tenement for the purposes and uses set out herein, or suffer permit or allow such use,
outside the hours between 8 a.m. and 5 p.m. Monday to Saturday and excluding Sunday by the Grantee,
provided that use by the Local Authority or any contractor appointed by the Local Authority to exercise its
rights or obligations for the collection of garbage bins or refuse in garbage bins is also permitted during the
same times as refuse is collected from the Grantor's property and from the Servient Tenement, as the case
may be;

(f) use the Servient Tenement for anything other than a repository area for collection of garbage bin purposes
by the Local Authority or any contractor appointed by the Local Authority.

Where the Grantee or its employees invitees or customers causes damage to the Servient Tenement other than by
fair wear and tear the Grantee will at its own cost and expense repair the Servient Tenement to good and proper
repair and condition and as reasonably require by the Grantor as soon as practicable and no later than thirty (30)
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 within fourteen (14) days of demand.

The Grantee will bear the cost and expense of keeping the Servient Tenement (including all improvements and
fixtures on or in the Servient Tenement including wall, plastered or painted areas, foundations, concrete or other
surfaced areas, gates, hinges, landscaping and screening, garden planting and areas, or other improvements
excluding movable chattels such as movable garbage bins) in good and proper repair and condition as required
from time to time to make (in the reasonable opinion of the Grantor) the Servient Tenement unobtrusive and
attractive from exterior view, and shall cause all necessary works, gardening and maintenance to be carried out

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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 4
and Water Act 2000

c

=

Title Reference $7776 0096

from time to time as become necessary. Although the Grantor shall not be precluded from carrying out (without
interference with the Grantee's rights) gardening maintenance or repairs the parties acknowledge that the Grantee
shall have the reasonable conduct of the gardening maintenance or repairs.

Where any dispute arises between the parties as to whether or not the Grantee has caused or permitted any
damage to be caused to the Servient Tenement by overloading or otherwise or as to whether the Servient
Tenement requires attention maintenance gardening replanting repair or other work at any other time due to fair
wear and tear or otherwise or as to whether wholly payable by the Grantee or otherwise then the dispute shall if not
resolved within fourteen (14) days of written notice in that regard one to the other (which notice set forth clearly the
brief details of dispute) be referred to by either of them the Grantor or the Grantee from time to time to an Engineer
to be nominated by the President for the time being of the Australian Institute of Engineers (Queensland Chapter)
on the application of either of the parties, who shall be requested to appoint an Engineer to act as an expert and
not as an arbitrator in relation to such dispute and such expert Engineer shall make a determination as to the
matters in dispute and as to who (and in what proportion including as to 100% by any one party) shall bear the
costs of such determination and as to whether same are wholly payable by the Grantee or a proportion shall be
payable by the Grantee (and what proportions respectively), and the parties shall abide by the said Engineer's
determination and shall attend to any payments (including costs) within fourteen (14) days of the determination.

Indemnity.

(a) Without limiting the Grantee's obligations at law, the Grantee indemnifies 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
but where the Grantor has contributed to the negligence or breach, limited to the contribution of the Grantee
or any party claiming through it.

(o) 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 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:

° "development approval" means such an approval or approvals including a ministerial approval and also
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;

e 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 the Certificate of Classification is required or applicable, and otherwise as reasonably
determined by the Grantor's architect.

Page 15

QUEENSLAND LAND REGISTRY SCHEDULE / ENLARGED PANEL / FORM 20 Version 2
Land Title Act 1994, Land Act 1994 ADDITIONAL PAGE / DECLARATION Page 4 of 4

and Water Act 2000

c

10.

11.

4

Title Reference SO7é 0096

In the event that any provision of this Easement is invalid and not enforceable in accordance with these terms,
other 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.

The Grantee acknowledges that the Servient Tenement forms part of, or will form part of, an international
apartment resort, and that it is vital to the ongoing operation of that resort that the Servient Tenement be kept clean
and tidy at all times, and that all garbage bins placed within the Servient Tenement be serviced/emptied and not left
in the Servient Tenement to avoid odour and fly problems, and to that end, the Grantee will:

(a) _ not place or leave garbage bins, whether empty or full, within the Servient Tenement on any day other than:

(i) the collection day nominated by the Local Authority for the collection of garbage bins or refuse in
garbage bins; or

(ii) the actual collection day of garbage bins or refuse in garbage bins by the Local Authority or the Local
Authority's waste disposal contractor

(b) remove garbage bins from the Servient Tenement within one hour of collection by the Local Authority or the
Local Authority's waste disposal contractor;

{c) not leave any garbage bins within the Servient Tenement so as to allow owners and/or guests of
units/apartments/improvements erected on the Dominant Tenement to dispose of waste themselves in
garbage bins left in the Servient Tenement;

(d) will bear the cost and expense of keeping the Servient Tenement (including all improvements and fixtures on
or in the Servient Tenement including wall, plastered or painted areas, foundations, concrete or other
surfaced areas, gates, hinges, landscaping and screening, garden planting and areas, or other
improvements excluding movable chattels such as movable garbage bins) clean and tidy as required from
time to time to make (in the reasonable opinion of the Grantor); and

(e} promptly and without delay reimburse the Grantor for any costs it reasonably incurs in keeping the Servient
Tenement clean and tidy.

Where the context so admits or requires:-

(a) the expression “the Grantor” shall include the respective transferees and assigns of the Grantor and the
registered proprietor or proprietors owner or owners (and their and each of their respective successors,
executors, administrators, and assigns as the case may be) and the occupiers for the time being of the
Servient Tenement;

(b) following development of the Dominant Tenement the expression the “Grantee” shall mean the respective
transferees and assigns of the Grantee and the registered proprietor or proprietors owner or owners (and
their and each of their respective successors, executors, administrators, and assigns as the case may be)
and the occupier or occupiers for the time being of the Dominant Tenement;

{c) words importing the singular number include the plural number and vice versa and words importing any
gender included the other gender and words importing only persons include corporations and/or associations
and/or bodies and vice versa in each respective case.

The rights of the Grantee under 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 prompily issue a certificate on such completion and the Grantor's certificate will be conclusive as to
its contents.

Page 16

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 Titie Reference
LOT 900 ON SP207311 WEYBA MARCH 50760096

 

2. Instrument/document being consented to

Instrument/document type Easements P and M (Access)

Dated /2 /0/ / 2009

Names of parties VIRIDIAN NOOSA PTY LTD ACN 104 525 135 and ATTUNGA HEIGHTS PTY LTD ACN 009
995 920

 

 

3. Instrument/document under which consent required
Instrument/document type MORTGAGE .........2..-.--:esceesessseeeeeeeree
Dealing No. 710758256 and 711560878..........-..cccsscsesesesereneseenenes
Name of consenting party SUNCORP-METWAY LTD ABN 66 010 831 722 ...........sscsseesesssrseersceneenesensncetncneneeseenes

 

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

i SUNCORP METWAY Lid ABN 66 010 631 722
signature ame astaas anbar
Power of Attorney Number 600004004
full name CATHERINE YOUNGER LEVEL 1

 

qualification 2 slo (O4
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}

 

Privacy Statement

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searchable registers in the kind registry and the water register. For more information about privacy in NR&W, see the department's website.