10/0431 - Response to info request [As Published] · 142010.431

Page 2

12 April 2010

Bob Borger
Viridian Noosa

 

Dear Bob

Driveway Ramp To Halse Lodge

 

We can confirm that the driveway ramp to Halse Lodge was designed for loads from cars
and small rigid vehicles. The adjacent AC road was designed in accordance with Council
standards for a residential street.

The AC pavement in the area was designed in accordance with a residential street and the
proposed change in use would not impact on the design case for the pavement. Vehicles
using the turnaround would be small in number and would fit within the traffic generated in
a normal residential street design case. The concrete pavement on the ramp to Halse
Lodge was designed for cars and small rigid vehicles for unlimited repetitions over a 20
year life. The proposed change in use would not impact on the design case unless larger
vehicles started using the turning area.

Yours Faithfully

PI GA ——

 

Ken Bourke /
RPEQ 2020 ‘
‘
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} Opus Intemational Consultants (Australia) Ply Ltd | Level 3, 200 Creek St, Brisbane QLD 4000 1 Telephone: +61°7 3007 8181
i ABN 79 086 342 065 + PO Box 99, Spring Hill QLD 4004 } Facsimile: +61 7 3007 8182

 

 

| Brisbane Office i Austrafia 1 Website: www.opus.com.au

 

Page 3

Viridian Noosa Pty Ltd

A.C.N 104 525 135
(‘Viridian’)

and

Halse Lodge Guest House Pty Ltd

(“Halse Lodge”)

 

 

Deed of Agreement

 

 

Page 4

 

DATED:

PARTIES:

AND:

the Ade — day of ee 2010.

VIRIDIAN NOOSA PTY LTD ACN 104 525 135 of 33A Viewland Drive Noosa
Heads in the State of Queensland.

(‘Viridian’)
HALSE LODGE GUEST HOUSE PTY LTD of 2 Halse Lane Noosa Drive,

Noosa Heads in the State of Queensland.
("Halse Lodge’)

1. BACKGROUND

(a)

Halse Lodge operates a guest house at 2 Halse Lane Noosa Heads which has
the benefit of rear driveway access from Little Hastings Street (formerly
Morwong Drive), such driveway being in part within the road reserve and
otherwise by easement rights from an adjoining property.

Viridian which has developed a resort on adjoining land {Lot 903 on
$P221527] has lodged an Application with Sunshine Coast Regional Council
in relation to a public turn around on that part of the driveway access within
the road reserve.

Viridian with the consent of Halse Lodge has incorporated a high timber
barrier on the western side of the driveway ramp and installed wheel stops as
depicted on Plan A attached.

This agreement confirms the approval of Halse Lodge to the works described
in (c) above and otherwise establishes obligations for the repair and
maintenance of the barriers, wheel stops and structural support of the
driveway.

2. OPERATIVE PROVISIONS

(a)

(b)

Reference to a party includes their executors, administrators or permitted
assigns or, being a company, its successors or permitted assigns.

Viridian will procure the Body Corporate of the Viridian Noosa Community
Titles Scheme to complete, enter into and execute this same Deed (except
that clause 4 shall not be included) and deliver the same in duplicate to Halse
Lodge within 14 days of the first meeting of the Body Corporate and Halse
Lodge shall execute the same and return one part of the document to the
Body Corporate within a further 14 days in which event this Deed made by
Viridian shall be at an end. é

/

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Page 5

 

3) MAINTENANCE

(a) While the driveway is used as a public turn around associated with Viridian, it
will promptly at its own cost and expense repair the driveway access ramp and
support , including foundations , pavement , wheel stops and safety barriers in
a good and proper repair and condition, failing which Halse Lodge, acting
reasonably, may issue a notice requiring Viridian to attend to same and if
Viridian shall then fail to attend to the same within thirty (30) days of receipt of
Halse Lodge notice, Halse Lodge may attend to the same and then Viridian
shall pay the cost thereof to Halse Lodge within thirty (30) days of demand.

(b) For clarity, nothing shall oblige Viridian or the Body Corporate of the Viridian
Noosa Community Titles Scheme to maintain the driveway access ramp in any
better state of repair than the general condition of the rear driveway access
leading to 2 Halse Lane.

4 WORK WITHIN HALSE LODGE

Viridian will at its cost provide a gate and gravel to the rear entry to the guest house
yard {Lot 2 on RP 865533] to the reasonable satisfaction of Halse Lodge.

5 BODY CORPORATE OBLIGATIONS

Viridian shall ensure that the requirements and obligations for maintenance of the
driveway and support shall be the responsibility of the Body Corporate from
commencement of the Viridian Noosa Community Titles Scheme.

6 STAMP DUTY

Stamp duty payable on this Deed, if any, is payable by Viridian.

     

so we

/

a

Signed by Drew Pearson
Halse Lodge Gyest House Pty Ltd
oF

 

Signed by Robert Henry Borger
Viridian Noosa Pty Ltd:

Page 6

 

                    

 

 

 

 

 

 

 

 

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