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

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

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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.