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 4 of 4

and Water Act 2000

c

10.

11.

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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.