07/2448 - MCU - Detached House [As Published] · 132007.2448

 

 

 

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_ NU D322

QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2

Land Tite Act 1994, Land Act 1994 . Page 8 of 7
and Water Act 2000

1

10,

41.

12.

13.

14.

15.

16,
17.

SWocumards\607 1 SxJh_ 607 16_012.00C

4

Title Reference Part of 50232128

Council's Rights of Access

The Owner hereby expressly authorises the Council, at any reasonable time, to: -
10.1.1 Enter, re-enter, traverse and teave the Covenant Area;
10.1.2 Inspect and monitor the Covenant Area; and

10.4.3 Enter and traverse such part of the lot as ig reasonably required to gain access to the Covenant
Area,

Notificatian of Damage

The Owner must notify the Council in writing, of any substantial damage to Vegetation within the Covenant Area
(whether by natural occurrence of otherwise) within 14 days of the damage occurring. ‘

Obligations on Owner

For tha avoidance of doubt, the obligations under this Covenant strictly rest with the Owner and are continuing
obligations on the Owner, and continue to apply to the Owner notwithstanding that the Owner may not have |
possession of the fot.

Remedy for Non-Compliance

43.1. In the avent of non-compliance by the Owner with the Owner's obligations, the Council may, in ts absolute
discretion, issue a written direction raquiring the Owner to remedy the non-compliance. ‘

43.2 Where the Council issues 3 written directian pursuant to clause 13.1, the Owner shall comply with the:
direction within 14 days or such other reasonable time as may be specified in the direction.

13.3. If the Owner does not comply with the written direction within the time allowed In vecordance with clause
13.2, the Council may enter the Covenant Area, perform the work and recover the costs of performing the
work from the Owner as a debt. .

Ralease and Indemnity

The Owner itrevocably releases the Counell fram and waives any right, claim, remedy, action, cause of action, loss,
damage, expense of liability which the Owner may have against it in respect of this Covenant of Its performance or
breach. The Owner hereby Indemnifies and holds the Council harmless from and against any claim, tight. action,
remedy, cause of action, loss, damage, expense or liabillty incurred, suffered or asserted by it or anyone else in
connection with the performance of this Covenant by the Owner or its breach or in connection with any negligence
or other legal wrong of the Owner. ,

The Owner agrees with the Council that the Owner is, a8 between the Owner and the Councli, the sole occupier of
the land, :

Severance

tPany part of this Covenant ls held to be invalid, illegal or unenforceable by a court having the jurisdiction to do 80,
that par is to be considered severed from the rast of this Covenant and the rest of this Covenant remains.in force
and unaffected by that holding or by the severance of that part. ,

Covenant Binds Parties

This Covenant binds the parties to it and their respective successors, hairs, executors and administrators.

Service