Body Corporate - Deed of Engagement 13.04.2022 · 132006.823.10

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                    THIS DEED made on the            day of                 2022.

BETWEEN:            THE BODY CORPORATE FOR VIRIDIAN NOOSA RESIDENCES
                    COMMUNITY TITLES SCHEME 34034 of c/- SSKB, PO Box 1405,
                    Maroochydore QLD 4558 in the State of Queensland (Body Corporate)

AND:                NOOSA ACCOMMODATION SERVICES PTY LTD ACN 609 702 212 AS
                    TRUSTEE FOR THE NOOSA ACCOMMODATION SERVICES TRUST of
                    c/- Nicholsons Solicitors, Lvl 12, 110 Eagle St, Brisbane QLD 4000
                    (Manager)

AND:                DAVID ANDREW OLIVER of c/- Nicholsons Solicitors, Lvl 12, 110 Eagle St
                    Brisbane QLD 4000 (Guarantor)

RECITALS:

A.       The Body Corporate and the Manager are parties to the Agreement.

B.       The Manager has requested the Body Corporate enter into this Deed to engage the
         Manager on the same terms and conditions as those in the Agreement with certain
         variations.

C.       The Agreement is attached to this Deed and forms part of this Deed.

IT IS AGREED:

1.       DEFINITIONS AND INTERPRETATIONS

1.1      Definitions:

         Agreement means the Caretaking Agreement between the Body Corporate and the
         Manager dated 16 June 2005 (as varied and assigned) (Annexure A).

         Commencement Date means the date the Body Corporate resolves to enter into
         this Deed, being ___________________________ 2022.

1.2      Interpretation:

         In this Deed unless the contrary intention appears:

         (a)        reference to a person includes a reference to that person’s personal
                    representatives, successors and assigns;

         (b)        reference to a person includes a natural person, partnership, trust,
                    association and company;

         (c)        a word importing the singular number includes the plural number and a word
                    importing the plural number includes the singular number;

         (d)        a word importing a gender includes each other gender;

         (e)        reference to a company includes any incorporated body of any description;

         (f)        reference to a recital, clause or schedule is a reference to a recital, clause
                    or schedule in this deed and a reference to this deed includes recitals and
                    schedules;

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        (g)        reference to any statute in this Deed includes a reference to that statute as
                   amended, modified or replaced and includes orders, ordinances,
                   regulations, rules and by-laws made under or pursuant to that statute;

        (h)        reference to the provisions of a document or part of a document includes a
                   reference to all the terms, covenants, conditions, stipulations and
                   reservations contained in implied in that document or in that part of a
                   document;

        (i)        headings are inserted for convenience only and do not affect the
                   interpretation of this deed.

2.      ENGAGEMENT

2.1     The Body Corporate engages the Manager as Caretaker under the terms and
        conditions of the Agreement, as varied by this Deed, for the Term of 25 years
        commencing on the Commencement Date and expiring on the date that is 25 years
        after that date.

2.2     The Manager accepts the engagement.

2.3     The remuneration payable to the Manager by the Body Corporate is equivalent to
        $_____________ (including GST) per annum, calculated on a pro rata basis, for the
        first year of this Deed, ending on 15 June _____.

2.4     The annual review of the remuneration under clause 4.3 of the Agreement will occur
        on 16 June each year.

2.5     The terms of the engagement of the Manager are the same as the terms and
        conditions contained in the Agreement as varied by this Deed and with the following
        further exceptions:

        (a)        Clause 3.2 (option) is deleted;

        (b)        Schedule 1 is amended by reinstating the following clause 7:

                   7.     Subject always to the provisions of this Covenant and CMS, to
                          regularly water, fertilise, weed and maintain any lawns, gardens and
                          shrubs on the Common Property and any adjacent footpath and to
                          maintain the same at a high standard.

        (c)        Schedule 1 is amended by reinstating the following clause 10:

                   10.    To regularly inspect and report to the Body Corporate on the efficient
                          working condition of the boom gate and any associated equipment.

3.      OCCUPATION AUTHORITY

3.1     The parties acknowledge that the Body Corporate has approved and intends to
        construct, at its cost, a shed on the Common Property in the area as generally shown
        at Annexure B of this Deed (“Occupation Authority Area”). The parties acknowledge
        the area identified in the plan at Annexure B is an approximation only of the
        proposed location of the shed and may be subject to change.

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3.2     The Body Corporate authorises the Manager to exclusively occupy the Occupation
        Authority Area for storage, carparking and all other purposes necessary for the
        performance of the Manager’s duties under the Agreement.

3.3     The Manager is responsible to ensure the Occupation Authority Area remains in a
        clean and tidy condition at all times and the Body Corporate is responsible for all
        maintenance and repairs of the shed.

4.      GUARANTEE

4.1     The Guarantor guarantees:

        (a)        the performance by the Manager of its obligations under this Deed; and

        (b)        the payment of all loss and damage recoverable by the Body Corporate from
                   the Manager.

4.2     This guarantee extends to claims by the Body Corporate payable in the terms of this
        Deed:

        (a)        for damages for breach; and

        (b)        for the Body Corporate’s reasonable legal and other expenses of seeking to
                   enforce the obligations of the Manager and the Guarantor.

4.3     This guarantee is not discharged and the Body Corporate’s rights against the
        Guarantor is not affected by any of the following:

        (a)        the granting of any extension of time by the Body Corporate to the Manager
                   or to the Guarantor;

        (b)        the Body Corporate’s failure to enforce covenants under this Deed against
                   the Manager;

        (c)        the total or partial release of liability of the Manager or the Guarantor by the
                   Body Corporate;

        (d)        the death, bankruptcy or winding up of the Manager or Guarantor; and

        (e)        the disclaimer of this Deed following the Manager’s insolvency.

4.4     In respect of any payment made by or on behalf of the Manager under this Deed
        that is void or is voided for any reason, the Guarantor shall remain liable under the
        Guarantee as if the payment had not been made.

4.5     The Body Corporate is entitled to require the Guarantor pay to the Body Corporate
        any outstanding money or other amount to compensate the Body Corporate for any
        loss or damage without the Body Corporate having made any claim or instituted any
        proceedings against the Manager in respect of such monies.

5.      TRUSTEE PROVISIONS

5.1     If the Manager enters into this Deed or at any time holds its interest as manager as
        trustee of any trust (“Manager’s Trust”) then, whether or not the Body Corporate has
        had notice (actual or constructive) of the Manager’s Trust, the following applies:

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        (a)        the Manager warrants that it has full power under the Manager’s Trust to
                   enter into and perform its obligations under this Deed and the Management
                   Agreement;

        (b)        the obligations and liabilities of the Manager under this Deed and the
                   Management Agreement extend to the fund and any other assets of the
                   Manager’s Trust (“Trust Fund”);

        (c)        the Manager shall, on the written demand or direction of the Body Corporate
                   made in accordance with the provisions of this Deed or the Management
                   Agreement, exercise all rights of indemnity that the Manager may at any time
                   have against the Trust Fund and any beneficiaries or unit holder of the
                   Manager’s Trust or any of the same for the benefit of the Body Corporate;

        (d)        the Manager is liable under this Deed and the Management Agreement both
                   in its personal capacity and as trustee of the Manager’s Trust; and

        (e)        the Manager will provide the Body Corporate with a certified copy of the Trust
                   Deed and all other documents evidencing the Manager’s Trust within
                   fourteen (14) days of written request for the same from the Body Corporate.

6.      COSTS

6.1     The Manager must pay the costs of and incidental to the negotiation, preparation
        and execution of this Deed as well as any stamp duty payable in respect of this
        Deed.

7.      TERMINATION OF OTHER DEEDS

7.1     The parties agree and acknowledge that the Agreement will come to an end on the
        Commencement Date.

7.2     Notwithstanding clause 7.1, the terms of the Agreement continue in force to the
        extent those terms form part of this Deed.

8.      SEVERANCE

8.1     In the event any term or provision of this Deed, for any reason whatsoever, is
        acknowledged by the parties hereto, adjudged by a court, body or referee of
        competent jurisdiction, or held or rendered by any competent Government authority
        to be invalid, illegal, of no force or effect, or unenforceable, such term or provision
        shall be severed from the remainder of the terms and provisions of this Deed and
        shall be deemed never to have been part of this Deed, and the remainder of the
        terms and provisions of this Deed shall subsist and remain in full force and effect
        unless the basic purposes of this Deed would thereby be defeated.

9.      FURTHER ASSURANCE

9.1     Each of the parties hereto shall procure every person as required to sign and
        execute all such further documents and otherwise do all such acts, matters and
        things as shall be necessary or desirable to give full force and effect to the provisions
        of this Deed.

9.2     Without limiting the generality of the preceding clause, the Body Corporate hereby
        agrees that, in the event any term or provision of this Deed requires the repeal,
        enactment or amendment of any By-law to make such a term or provision valid, the

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         Body Corporate shall do all acts and matters and things as shall be reasonably
         necessary to ensure such By-law is so repealed, enacted or amended.

10.      GOVERNING LAW

10.1     This Deed shall be governed by and construed in accordance with the law of
         Queensland and each of the parties hereby submits to the non-exclusive jurisdiction
         of the Queensland courts notwithstanding the domicile or residence of any part or
         the occurrence of any act, matter or thing outside of Queensland.

11.      WARRANTY OF AUTHORITY

11.1     Each person signing this Deed:

         (a)        as attorney for any party warrants to the other parties that, at the date of
                    execution by that party, has not received any notice or information of the
                    revocation of the power of attorney; and

         (b)        as an authorised officer, agent or trustee of any party warrants to the other
                    parties that, at the date of execution by that party, has full authority to
                    execute this Deed in that capacity.

11.2     The Body Corporate warrants that it has the authority and legal capacity to enter
         into this Deed.

12.      AUTHORITY TO DATE AND COMPLETE

12.1     Each party hereby authorises the other and their respective solicitors to:

         (a)        date or complete any blank spaces in this Deed; and

         (b)        complete and sign any documents or paperwriting as is necessary to stamp
                    or register this Deed.

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EXECUTED AS A DEED


Signed Sealed and Delivered for and on )
behalf of NOOSA ACCOMMODATION )
SERVICES PTY LTD ACN 609 702 212 AS )
TRUSTEE           FOR       THE NOOSA )
ACCOMMODATION SERVICES TRUST by )
authority of the directors:



Sole Director

David Andrew Oliver
Name (please print)



Signed Sealed and Delivered for and on )
behalf of THE BODY CORPORATE FOR )
VIRIDIAN         NOOSA           RESIDENCES )
COMMUNITY TITLES SCHEME 34034 )
pursuant to a resolution of the Body Corporate )
in the presence of:



Designation:                                       Designation:



Name (please print)                                Name (please print)



Signed Sealed and Delivered by the said )
DAVID ANDREW OLIVER in the presence of: )
                                        )
                                        )


Signature of Witness                               Signed



Name (please print)                                Name (please print)

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                   ANNEXURE A
               (Caretaking Agreement)


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ANNEXURE A
(Caretaking Agreement)

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__NICHOLSONS__ ; Page 1
SOUCHTORS Caretaking Agreement
CARETAKING AGREEMENT
THIS AGREEMENT is made by way of Deed this Ib ‘gayot unt — 2008.

BETWEEN: THE BODY CORPORATE FOR VIRIDIAN NOOSA RESIDENCES COMMUNITY

TITLES SCHEME 34034
("the Body Corporate")
AND: YOYO CONTROLS PTY LTD (ACN 007 332 532)
("the Vendor")
AND: AMANDA JOYCE FORTINGTON and RODNEY EDWARD FORTINGTON
("the Guarantor”)
INTRODUCTION:

A The Body Corporate is responsible for the control management and administration of the
Common Property and wishes to engage a caretaker of the Common Property.

B. The Body Corporate engages the Caretaker and the Caretaker accepts such engagement
for the purpose of performing the duties set out in this Agreement.

\T IS AGREED:
t DEFINITIONS

In this Agreement except where inconsistent with the context words used which are defined
in the Act shall have the meanings so defined therein and the following terms shall have
the following meanings unless the context otherwise requires:

“the Act” means the Body Corporate and Community Management Act 1997 (as
amended);

“this Agreement” inciudes the Schedules, if any;
“By-Laws” means the by-laws of the Scheme;

“Buildings” means the improvements constructed on or forming the lots and Common
Property comprised in the Plan;

"Common Property" means so much of the land and improvements within the Plan as
from time to time is not comprised in any Lot in the Plan and shall include where
appropriate any easements and any property shared between members of the Body
Corporate and any other person or persons (whether by way of agreement easement
lease or otherwise);

“CPI means the Consumer Price Index All Groups for Brisbane published by the
Australian Bureau of Statistics. If the Consumer Price Index All Groups number for
Brisbane is suspended or discontinued, then Index shall mean an index published at the
date of this Agreement and at the relevant date of review by the Australian Bureau of
Statistics which reflects fluctuations of the cost of living in Brisbane and as may be agreed
upon by the parties or, if the parties are unable to agree as may be determined by the

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SOLICITORS Caretaking Agreement

2.1

2.2

2.3

24

27

2.8

2.9

2.10

2A2

ES

President for the time being of the Queensland Law Society Incorporated or his nominee,
whose decision shall be final and binding on the parties and whose costs shall be bome
equally by the parties;

“Committee” means the committee of the Body Corporate elected or otherwise appointed
from time to time pursuant to the Act; STAT

“GST” means a Goods and Services Tax or any similar tax. impostor duty which Is or.may
be levied or becomes payabie in connection with this Agreement or any Goods or Services
supplied by the Caretaker to the Body Corporate,

“Scheme” means the Community Titles Scheme for Viridian- Noosa Residences
Community Titles Scheme 34034;

“Letting Agreement” means an agreement between the Body Corporate and the
Caretaker (as Letting Agent) for the provision of letting services to the Scheme;

“the Plan" means the Building Format Plan or plans in respect of the Scheme.
INTERPRETATION

In the interpretation of this Agreement unless the context otherwise requires:
Words importing any gender shail include all other genders.

Words importing persons shall include all bodies, associations, trusts, partnerships,
instrumentalities and entities corporate or unincorporate, and vice versa.

References to any of the parties include in the case of a person, their persona!
representatives and permitted assigns, and in other cases their successors and permitted
assigns.

Any obligation on the part of or for the benefit of two or more persons shall be deemed to
bind or benefit as the case may be, any two or more of them jointly and each of them
severally.

Words importing the singular shall include the plural and vice versa.

Headings are included for convenience only and shall not affect the interpretation of this
Agreement or any Schedule.

References to Sections, Clauses, Recitals, Schedules and Annexures are to Sections and
Clauses of and Recitals, Schedules and Annexures to this Agreement

References to this Agreement are to this Agreement and all modifications and variations to
this Agreement effected in accordance with this Agreement.

References to any document or agreement shali include all references to such document
or agreement as amended, narrated, supplemented, varied or replaced from time to time.

All references to dates and times are to Brisbane time.
All references to "$” and “dollars” are fo lawful currency of Australia.
Recitals to this Agreement shall be read as and form part of this Agreement.

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SQUCITORS Caretaking Agreement

————

——————————
2.13 References to writing shall include typing, telex, facsimile and all other means of
reproducing words in a permanent and visible form.

2.14 References to any legislation or any provision of any legislation shall include any legislative
provision which amends, extends, consolidates or replaces the. same or which has been
amended, extended, consolidated or replaced by the same and any orders, regulations,

instruments, proclamations or other subordinate legislation made under'such legislation or
legislative provision. :

2.45 References to institutes, associations, bodies and authorities whether statutory of
otherwise will, if that institute, body, association or authority ceases to exist or is
reconstituted, renamed or replaced or its powers or functions are transferred to any other

institute, association, body or authority, be deemed to refer respectively to the institute,
association, body of authority established or constituted in place thereof or which
substantially succeeds to the powers or functions of the institute association body or
authority referred to.

2.16 No rules of construction will apply to the disadvantage of a party because that party was
responsible for the drafting of this Agreement or any part of this Agreement.

2.17 Unless application is mandatory by law, any statute. proclamation, order, regulation or
moratorium present or future will not apply to this Agreement so as to abrogate, extinguish,
impair, diminish, fetter. delay or otherwise prejudicially affect the exercise or enjoyment of

any rights, powers, privileges, remedies or discretions given or accruing to any party.

3. ENGAGEMENT AND TERM

3.1. -The Body Corporate engages the Caretaker as the caretaker of the Common Property for

the period commencing on and from the 16" day June, 2005 (the date of commencement

of this Agreement) and expiring on the 45" day of June, 2030 for a term of twenty-five (25)

Fone and the Caretaker accepts such engagement upon the terms and conditions of this
reement.

4. REMUNERATION

4.1. The remuneration payable to the Caretaker by the Body Corporate during the first twelve
calendar months of this Agreement shall be the sum of $1,778.65 (plus GST) per Lot in the
Scheme.

4.2 The Body Corporate will pay the remuneration payable to the Caretaker by way of
consecutive calendar monthly payments equal to one-twelfth of the annual remuneration
consecue c Coretake, te fet ofthe paymenis shall be ald one month from the date of

commencement of this Agreement and monthly thereafter.

4.3 The remuneration will be increased for the second and subsequent years of the Term by
the same percentage of the previous year’s remuneration as the last percentage increase
in the CPI for one year as last recorded by the Commonwealth Statistician immediately

before the year in which the remuneration is to be reviewed provided that in no case will
the remuneration be less than the remuneration payable in the immediately preceding 12
month period.

4.4 _No part of the remuneration paid to the Caretaker pursuant to this Agreement is referable
to the provision of letting services if any provided by the Caretaker or interests associated
with the Caretaker.

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4.5 The remuneration payable by the Body Corporate to the Caretaker pursuant to this
Agreement is exclusive of GST which shall at all times be payabie by the Body Corporate
in addition to the remuneration otherwise payable as and when invoiced by the Caretaker.

5. CARETAKER'S DUTIES

5.1 The Caretaker shall have the duties set out in Schedule 1.

5.2 The Caretaker shall perform or procure the duties to be performed in such a manner as is
consistent with the position of a Caretaker of a very high quality residential apartment
building.

5.3.‘ The Caretaker shall have the right to appoint a person or entity fo perform the Caretakers
duties for such period or periods as the Caretaker may decide. Any person or entity
appointed by the Caretaker pursuant to this right shall be referred to as the "Caretakers
Nominee”. It shall be a matter for the Caretaker to ensure that the Caretaker Nominee
properly performs the duties of the Caretaker. Any breach of this Agreement by the
Caretaker Nominee shall be deemed to be a breach by the Caretaker. Any remuneration
paid to the Caretaker Nominee shall be the responsibility of the Caretaker.

5.4 The Body Corporate may from time to time by notice in writing request the Caretaker to
perform extra duties to those set out in the Schedule which the Caretaker shall perform for
extra remuneration to be agreed or failing agreement within 30 days of the request having
been made the extra remuneration shall be determined by the President for the time being
of the Real Estate Institute of Queensland Limited or his/her nominee who shall be deemed
to be acting as an expert and not as an arbitrator and whose decision shall be final and
whose costs shail be met equally by the parties.

5.5 Unless previously agreed by the Body Corporate in writing, any duty within the Caretaker’s
duties as detailed in this Agreement the fulfillment of which does not require the services of
a skilled or licensed tradesman must be fulfilled by the Caretaker or the Caretaker's
Nominee. The Body Corporate shall not be responsible for the payment of any additional
remuneration or payment to any other contractor which relates to the fulfillment of that duty
(other than reimbursement of an expense or consumable cost payable in accordance with
this Agreement).

2

DUTIES OF THE BODY CORPORATE
The Body Corporate must:

(a) furnish to the Caretaker a set of all plans of the Buildings in its possession or
control.

(b) at its cost supply to the Caretaker cleaning fluids and other consumables necessary
for the performance of the Caretaker's duties under this Agreement.

(c) from time to time authorise one Committee member (“the Representative”) to give
instructions to and communicate with the Caretaker on behalf of the Body
Corporate.

(d) through the Representative confer fully and freely with the Caretaker concerning the
performance of the duties by the Caretaker and the control, management and
administration of the Common Property and shall provide proper and reasonable
instructions to the Caretaker in relation thereto.

(8) make and implement such rules as the Caretaker may deem necessary, for the
better use and enjoyment of the facilities on the Common Property by the occupiers

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of the lots, and the Body Corporate must at its own expense erect and secure signs
in or about the Buildings to assist the Caretaker and the better control management
and administration of the Buildings.

a EXPENDITURE

7.4. The Caretaker shail be entitled to pledge the credit ofthe Body. Corporate and incur
expense on behaif of the Body Corporate in respect of any single transaction to an amount
not exceeding the limit of expenditure of the Committee under the Act for the purpose of
obtaining materials or services (outside the reasonable expertise of the Caretaker) used in
the performance of the duties of the Caretaker and for such other purposes as are
necessary or incidental to the discharge of the duties of the Caretaker pursuant to this
Agreement.

7.2 Any such expense (including any GST) paid by the Caretaker shall be reimbursed by the
Body Corporate to the Caretaker within 14 days of a written demand for reimbursement
accompanied by copies of invoices and/or receipts from the supplier of the materials or
services,

8. ASSIGNMENT

8.1 The Caretaker shall not assign this Agreement or any interest in it except in accordance
with this Clause.

8.2 The Caretaker may assign this Agreement or any interest in it with the prior consent in
writing of the Body Corporate Committee. Such consent shall not be unreasonably withheld
if at the time at which such consent is sought the Caretaker is not in default under this
Agreement and that consent is sought on the following basis:

(a) | The Caretaker shall give at least 3 weeks written notice to the Body Corporate of
the date of the proposed assignment and provide with that notice all reasonable
details of the proposed assignee;

(b) The Caretaker shall arrange an interview between the Committee and the proposed
assignee:

(c) The Caretaker shall prove to the reasonable satisfaction of the Body Corporate that
the proposed assignee is & respectable responsible and financially sound person
capable of adequately performing and observing the duties and provisions of this
Agreement.

8.3 Any consent to assignment shall not be effective until:

(a) The Caretaker has entered into a deed with the Body Corporate in a form
reasonably required by the Body Corporate under which the Caretaker releases the
Body Corporate from all claims against the Body Corporate in respect of or in any
way arising from this Agreement;

(b) The proposed assignee (and in the event the assignee is a company or trust, such
guarantors as reasonably required by the Body Corporate) has entered into a deed
with the Caretaker and the Body Corporate in a form reasonably required by the
Body Corporate which deed contains a covenant by the proposed assignee to be
bound by and to observe and perform the provisions hereof,

(c) The Caretaker pays to the Body Corporate all proper and reasonable costs and
expenses incurred by the Body Corporate in respect of the request for consent to
the assignment whether or not the assignment is made.

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84

10,
10.1

10.2

Where the Caretaker is a corporation if there is any alteration to the Board of Directors, or
any alteration to the beneficial ownership of, or issue of further shares in, or increase in,
the share capita! of the Caretaker or any proposal relating to same any of which alters the
effective control of the Caretaker from the control thereof at the date of commencement of
this Agreement, such change or proposed change in’ the control of the Caretaker shall be
deemed to be an assignment or proposed assignment of this Agreement and the
provisions relating to assignments shall apply. +

PROHIBITED PAYMENTS

The Body Corporate shall not be entitled to any premium, payment or benefits in
connection with the granting, renewal, extension or variation of this Agreement.

TERMINATION BY BODY CORPORATE

This Agreement may, subject to Section 126 of the Act, be terminated by the Body
Corporate giving written notice to the Caretaker if the Caretaker--

(a) purports to assign this Agreement without the prior consent in writing of the Body
Corporate; or

(b) | Commits any act of gross negligence or gross misconduct; or

(c) defaults in the performance of the duties of the Caretaker pursuant to this
Agreement and such failure or neglect to remedy the default shall continue for 2
further period of fourteen (14) days after notice in writing shall have been given to
the Caretaker by the Body Corporate specifying the default and clearly stating what
has to be done by the Caretaker to remedy the default ; or

(d) is a natural person and:
(i) is insolvent;
(ii) is convicted of an indictable offence; or
(iii) is committed pursuant to any legislation relating to mental health; or

(e) is a corporation, and an order is made or a resolution is effectively passed, for the
winding up or administration of the Caretaker pursuant to the Corporations Law
(other than for the purposes of an amalgamation or reconstruction) or a receiver or
manager is appointed to the Caretaker’s property or any part thereof without the
prior approval of the committee of the Body Corporate as to the appointed party
which shall not be unreasonably withheld provided that the proposed appointee is a
respectable responsible and financially sound person capable of adequately
performing and observing the duties and provisions of this Agreement.

The Body Corporate or the Caretaker may at its option and upon giving 14 days written
notice, terminate this Caretaking Agreement if at any time the Letting Agreement is
terminated in accordance with the provisions of that agreement.

EARLY TERMINATION BY CARETAKER

The Caretaker may terminate this Agreement early by notice in writing to the Body
Corporate given in the period set out in Clause 11,2.

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11.3

11.4

12.
12.4

13.
13.1
13.2

14.
144

15.
15.4

15.2

16,
16.1

The period when an early termination notice may be given is not more than six (6) months
nor less than three (3) months prior to the tenth (10") or twentieth (20") anniversaries of
the date of commencement of this Agreement.

if notice terminating this Agreement is given by the Caretaker to, the Body Corporate this
Agreement will terminate on the date which is the tenth (10) or twentieth (20 ) anniversary
of the date of commencement of this Agreement.
Upon termination the rights of the parties will be the same as if this Agreement had expired
by effiuxion of time. é

NOTICES

Any notice required to be given or served by either party to this Agreement shall be given
or served in the same manner as is provided for in Section 347 of the Property Law Act
4974 whether or not that Act or Section shall be repealed, substituted or amended
subsequent to the date hereof.

cosTS
Each party shail bear their own legal fees relating to this Agreement.

All stamp duty payable on this Agreement and any duplicate thereof shall be borne and
paid by the Caretaker.

SEVERANCE

In the event that any term or provision of this Agreement for any reason whatsoever be
acknowledged by the parties hereto, or be adjudged by a Court, Body or Referee of
competent jurisdiction or be held or rendered by any competent Government authority to
be invalid, illegal, of no force or effect or unenforceable, such terms or provision shall be
severed from the remainder of the terms and provisions of this Agreement and shall be
deemed never to have been part of this Agreement and the remainder of the terms and
provisions of this Agreement shall subsist and remain in full force and effect unless the
basic purposes of this Agreement would thereby be defeated.

FURTHER ASSURANCE

Each of the parties hereto shall procure every person as required to sign and execute all
such further documents and otherwise do all such acts, matters and things as shall be
necessary or desirable to give full force and effect to the provisions of this Agreement.

Without limiting the generality of the preceding clause the Body Corporate hereby agrees
that in the event that any term or provision of this Agreement requires the repeal,
enactment or amendment of any Bytaw to make such a term or provision valid, then the
Body Corporate shall do all such acts matters and things as shall be reasonably necessary
to ensure that such By-law is so repealed, enacted or amended.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the law of
Queensland and each of the parties hereby submits to the non-exclusive jurisdiction of the
Queensland Courts notwithstanding the domicile or residence of any part or the occurrence
of any act, matter or thing outside of Queensland,

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SOLICITORS. Caretaking Agreement

 

47. WARRANTY OF AUTHORITY
47.1 Each person signing this Agreement:-
(a) As attorney for any party warrants to the other parties tfiat at the date of execution

by that party has not received any notice or inforfnation pf the revocation of the
power of attorney; and ‘ ‘

'

(b) As an authorised officer, agent or frustee of any’ party warrants to the other parties
that at the date of execution by that party has full authority to execute this
Agreement in that capacity.

17.2 The Body Corporate warrants that it has the authority and legal capacity to enter into this
Agreement.

48. | AUTHORITY TO DATE AND COMPLETE
Each party hereby authorises the other and their respective solicitors to: -
(a) date or complete any blank spaces in this Agreement;

(b) complete and sign any documents or paperwriting as is necessary to stamp or
register this Agreement

19. OCCUPATION AUTHORITY

419.1. The Caretaker has a right of exclusive occupation of the areas shown in the attached
plans, if any, for all purposes associated with satisfaction of the Caretaker's Duties.

49.2 The Caretaker is responsible for all cleaning, maintenance and repairs of areas covered by
this occupation authority.

20 GUARANTEE

20.1 The Guarantor unconditionally guarantees the due and punctual performance by the
Caretaker of each of the obligations imposed by this Agreement and indemnifies the Body
Corporate in respect of any loss, damage or cost incurred due to any default by the
Caretaker.

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__NICHOLSONS__
SOLICITORS

 

  
 

IN WITNESS WHEREOF the parties hereto have executed this Agree

THE COMMON SEAL of THE BODY
CORPORATE FOR VIRIDIAN NOOSA
RESIDENCES COMMUNITY TITLES
SCHEME 34034 was affixed pursuant toa
resolution of the Body Corporate in the
presence of two officers who certify that
they are the proper officers of the Body
Corporate to affix that seal

 

EXECUTED by YOYO CONTROLS PTY
LTD (ACN 007 332 532) in accordance with
the Corporations Act by authority of its
director(s)

Sew

  
 
 

 
  

KY...

Signature ofDjfecior $ of Director/Secretary/Sole Director &

(block letters)
*dolate whichever Is not applicable

Konsess
Name of D

 

foeringon rate FOIE, PORTION.

Name of Diractor/Secretary/Sole Director &
Secretary”
(block letters)
“delete whichever Is not applicable

 

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NICHOLSONS
Soli
olicitors Deed of Engagement
NiCHOLSONS —
—"‘soucrors Caretaking Agreement
oe ee

by AMANDA JOYCE )

EXECUTED
EY EDWARD )

FORTINGTON and RODN'!
FORTINGTON (Guarantor)

Museen”
SOLICITOR

 
    
 

j.

Signature ot Rodtlay Edward Fortington

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SOLICITORS Caretaking Agreement

 

SCHEDULE ONE - CARETAKER’S DUTIES

The Caretaker covenants with the Body Corporate that it will by its Nominee, employees or agents
perform or procure the performance of the tasks and duties consistent with the position . of
Caretaker of a building containing very high quality residential apartments ‘and without limiting the
generality of that provision the Caretaker undertakes that the following pafticular duties will be
performed: z

1. To keep order in the Common Property and to take such precautions as may be necessary Or
desirable to safeguard the Buildings against unlawful entry or accident, but only so far as the
Caretaker is reasonably able and lawfully capable.

2. To report to the Body Corporate instances involving serious breaches by owners or occupiers
of the By-laws applying from time to time.

3. At the request of the Body Corporate to advise the Body Corporate concerning the
performance of the duties of the Caretaker and to provide other advice which the Body
Corporate shall request relative to the control management and administration of the Common
Property (but not including body corporate management).

4, To maintain the Common Property including all roads, pathways, footpaths and all facilities in a
clean and tidy condition.

5. Put out and collect rubbish bins (for collection by the Local Authority) as required, keep all
waste disposal areas tidy and wash and disinfect rubbish bins as necessary.

6. To supervise the car parking arrangements and to maintain all visitor car parking areas in a
clean and tidy condition.

7. Subject always to the provisions of the Covenant and CMS, to regularly water, fertilise, weed
and maintain any lawns, gardens and shrubs on Common Property and any adjacent footpath
and to maintain the same at a high standard.

8. To keep in its possession the master key or keys for the Lots and Common Property so far as
individual Lot owners shall permit provided however that the possession of those keys shall be
surrendered to no person other than a fully authorised representative of the Body Corporate or
the Individual Lot owner concerned but to allow a lawfully authorised person in the course of
his duties free access to any part of the Buildings so authorised at all reasonable times.

9. To regularly inspect and maintain in efficient working condition fire fighting equipment and
request that Fire Department inspections be made at prescribed intervals.

10. To regularly inspect and report to the Body Corporate on the efficient working condition of the
boom gate and any associated equipment.

11, Clean common property windows reasonably accessible by Caretaker;
42. Where practicable, ensure that all drainage from the Buildings is clear and functioning.

13. To account promptly and faithfully to the Body Corporate or to owners or occupiers as the case
may be for all its or their funds or other property (if any) coming into its hands or custody.

44. To report promptly on all things requiring repair and on all matters creating a hazard or danger
and to take remedial action where practicable.

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15. To carry out minor repairs and maintenance to the Common Property (limited to those repairs
and maintenance not requiring the services of a skilled or licensed tradesman).

146. To ensure at all times that work cartied out pursuant to external maintenance OF service
agreements or by other tradesmen is carried out at the scheduled times and in a good and
workmanlike manner. hg

47. To comply with and carry out all reasonable directions from time to time given by the Body

Corporate to the Caretaker in and about the control management administration of the
Buildings and the performance of the Body Corporate of its lawful obligations and duties.

48. As and when directed by the Body Corporate to attend meetings of the Body Corporate and its
Committee.

19. At all times ascertain and be aware of the general condition of the Buildings and all machinery
and appurtenances thereto and upon request inform the representative of the Body
in respect thereof.

20.To perform such other acts and things as are reasonably necessary and proper in the
discharge of its duties under this agreement.

21. To provide (at the Caretaker’s cost) all equipment necessary to perform the duties set out
herein including a suitable vehicle (and trailer if necessary) to collect and transport garbage
bins for each Lot to and from the refuse collection area on Common Property, garden tools,
hoses and fittings but not including cleaning equipment, fuels, oils, fertilizers and other
expendables which are at the cost of the Body Corporate.

22. To supervise (only) the mowing and edging of grassed common areas (the work to be done by
a contractor engaged by the Body Corporate at its cost).

23.To be on site at all reasonable times as necessary to fulfill the duties detailed in this
Agreement and when not on site to be contactable by phone between the hours of 9am to Spm
Monday to Friday and 9am to 42 noon on Saturdays (excluding public holidays).

24, The specific duties detailed in Schedule Two.

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SOUCITORS. Caretaking Agreement

 

SCHEDULE TWO
CARETAKERS SPECIFIC DUTIES
(To be completed at the Caretaker’s cost)

A DAILY DUTIES

The Caretaker must cary out the following cleaning and ground maintenance on a daily
basis: ; :

Grounds
+. clear all driveways, walkways, and pathways of leaves and rubbish;
2. empty rubbish bins and smokers’ receptacles;

3. water as required plants, shrubs and planter boxes (may or may not be covered by
automatic sprinkler).

Footpaths and Access
4. sweep area clean, remove all rubbish.

8. WEEKLY DUTIES

The Manager must carry out the following cleaning and ground maintenance on 4 weekly
basis:

Grounds
1. sweep all driveways, walkways and pathways and hose clean;

2. supervise a contractor engaged by the Body Corporate to mow grass and trim edges
on all common areas and all footpaths adjoining common areas;

3. weed gardens and prune as necessary,

4. report any repairs/replacement requirements.

Garbage Bin Area

1. scrub out rubbish bins with disinfectant/cleanser as necessary,

2. hose and clean out bin area as necessary,

4. place wheelle bins at collection points for Council collection; and

5, after garbage collection by Council replace bins in garbage bin area of each Lot.

(NOTE: Bins to be put out and collected more often as required to correspond with
collection by Council if necessary.)

Fire Safety

4. check fire hoses In accordance with the requirements specified in Australian Fire Safety
Regulations.

Boom Gate

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SOLICITORS Caretaking Agreement

 

 

14. check operation of boom gate and report condition and efficiency to Body Corporate.
c. TWICE ANNUALLY

Grounds j

1. Attend to planting, pruning or other works (other than maintenance of grassed areas)

as reasonably directed by the Body Corporate to comply with the Architectural Design
and Landscaping Code within the CMS.

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__NICHOLSONS__ Page 15
SOLICITORS Caretaking Agreement
Occupation Authority Plan
“—
BURLDING © ‘)
LEVEL A
SeobekO

  

ir)

  

axe in Metres.
L
a

1
2

“OAd”

e

1 1 1
4 4 s

Soate 1:160 (44)

 

I

Note NOOSA MAPPING
Ares tre Aecupation datnority SURES EY LT
by ahown hotetured aeanue patve Toa

*. ore

 

Po Dow ABT Fermenntie,
Pb saat pote tan 97 £440 9747)

 

bed

FRAN OF AbEA For oceuPaTiON AUTHORITY ann EPA
ae Being part of the Common Property ex — Mah ——
‘of the Viridian Vilas Community com samo — Ho SE
commu | Titles Scheme

 

 

 

 

 

go EA [ e_| cemloe sommes
Trerestsee

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NICHOLSONS Deed of Engagement

MAHONEY

‘

THE BODY CORPORATE FOR VIRIDIAN NOOSA
RESIDENCES CTS 34034

SEACAL PTY LTD ACN 111 577 988 AS TRUSTEE FOR THE CALLIL
FAMILY TRUST, LUSH HOLDINGS PTY LTD ACN 055 284 728 AS
TRUSTEE FOR THE LUSH FAMILY TRUST NO. 2 & CEJAC
HOLDINGS PTY LTD ACN 084 526 698 AS TRUSTEE FOR THE

 

 

CHATWOOD FAMILY TRUST
Mahoney Lawyers : Level 15 Emirates House GPO Box 3311
ABN 99 349 703 654 167 Eagle Street Brisbane 4001
Telephone 07 3007 3777 Brisbane 4000 info®mahoneylawyers.com.au
| Facsimile 07 3007 3778 www. mahoneylaveyers.com.au

 

 

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THIS DEED OF VARIATION is made the

BETWEEN

AND

RECITALS

A

 

THE BODY CORPORATE FOR VIRIDIAN NOOSA
RESIDENCES CTS 34034 a body corporate formed under the
Body Corporate and Community Management Act 1997 ("the
Act") oo

SEACAL PTY LTD ACN 111 577 988 AS TRUSTEE FOR THE
CALLIL FAMILY TRUST, LUSH HOLDINGS PTY LTD ACN 055
284 728 AS TRUSTEE FOR THE LUSH FAMILY TRUST NO, 2
AND CEJAC HOLDINGS PTY LTD ACN 084 526 698 AS
TRUSTEE FOR THE CHATWOOD FAMILY TRUST ("the
Manager")

The Manager is the caretaker of Virdlan Noosa Residences CTS
34034 under the Agreement.

The Body Corporate and the Manager have agreed to amend the
terms of the Agreement.

OPERATIVE PART

1.

11

2.1

DEFINITIONS AND INTERPRETATION

In this Deed unless the context otherwise requires:-

(a)
(b)
(<)

the terms defined in the Agreement have the same meanings;
the interpretation provisions of the Agreement apply; and
the following terms have the following meanings:-

"Agreement": a certain Caretaking Agreement dated June 16, 2005
between the Body Corporate and Yoyo Controls Pty Ltd ACN 007 332 532
whereby the Body Corporate appointed Yoyo Controls Pty Ltd ACN 007
332 532 as caretaker of Virdian Noosa Residences CTS 34034 for a term of
25 years commencing on the 16" day of June 2005 including all
extensions, renewals, assignments and variations to it and to which the
Manager is by assignment now a party as caretaker,

VARIATION

The parties agree that the Agreement is varied as follows:-

Amending Schedule 1 of the Caretaking Agreement by:-

(a)

Deleting Clause 7 which reads:- “Subject always to the provisions of the
Covenant and CMS, to regularly water, fertilise, weed and maintain any
lawns, gardens and shrubs on the Common Property and any adjacent
footpath and to maintain the same at a high standard”;

VOS AVVO owes acr20

S$090-0 b4 525. |

Duty Pads’... =i OO Exemet

 
    

  

Client bie:

 
 

A

 

pert

 
 

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2.2

2.3

2.4

ah

4.1

(b) Deleting Clause 10 which reads:- “To regularly inspect and report to the
Body Corporate on the efficient working condition of the boom gate and
any associated equipment”;

(c) Deleting from Clause 21 (which lists the equipment the Caretaker must
provide at the Caretaker’s expense) the words “garden-tools, hoses and
fittings"; fw ae

(d) Replacing Schedule Two with the attached Schedule; and *
(e) Adding the following clause as Clause 4.1A:-

“Despite any other provision of this Agreement, the Remuneration
for the year commencing 16 June 2010 will be $52,247 (excluding
GST). This amount will be used in the formula in Clause 4.3 to
calculate the Remuneration for the year commencing 16 June
2011.”

The parties -
{a) ratify and confirm all of the terms and conditions of the Agreement; and
(b) agree to be bound by the terms and conditions of the Agreement.

The Body Corporate acknowledges and agrees that the term of the Agreement is
25 years beginning on June 16, 2005 and ending on June 15, 2030;

The Body Corporate warrants that it has at general meeting, without the use of
proxies and in compliance in all respects with the requirements of the Act and the
applicable Regulation Module, resolved to vary the Agreements in accordance
with this Deed and to enter into this Deed.

costs

Each party will pay its own costs of the negotiation, preparation and execution of
this Deed except that the Manager will pay all stamp duty on it.

FURTHER ASSURANCE

Each of the parties will and will procure every other person as required to sign and
execute all such further documents and otherwise do all such things as may be
necessary or desirable to give full force and effect to this Deed.

SEVERANCE

In the event that any term or provision of this Deed for any reason whatsoever be
acknowledged by the parties hereto, or be adjudged by a Court of competent
jurisdiction or be held or rendered by any competent Government authority to be
invalid, illegal or unenforceable, such term or provision will be severed from the
remainder of the terms and provisions of this Deed and will be deemed never to
have been part of this Deed and the remainder of the terms and provisions of this
Deed will subsist and remain in full force and effect unless the basic purposes of
this Deed would thereby be defeated.

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EXECUTED AS A DEED

THE COMMON SEAL of THE BODY
CORPORATE FOR VIRIDIAN
NOOSA RESIDENCES CTS 34034
was affixed pursuant to a resolution
of the Body Corporate in the
presence of two officers who certify
that they are the proper officers of
the Body Corporate to affix that seal

Arnene. eattanboe

ck letters)

 

EXECUTED by SEACAL PTY LTD
ACN 111 577 988 AS TRUSTEE
FOR THE CALLIL FAMILY TRUST in
accordance with the Corporations
Act by authority of its director(s)

Name of Director (block letters)

EXECUTED by LUSH HOLDINGS
PTY LTD ACN O55 284 728 AS
TRUSTEE FOR THE LUSH FAMILY
TRUST NO, 2 in accordance with the
Corporations Act by authority of Its
director(s)

Signature of Director

Name of Director (block letters)

wre eee eS

were

erent

CA AU AAR, rresrse

Name (block letters)

 

Sole Director & Secretary*
"delete whichever is not applicable

 

Name of
Director & Secretary*

(block letters)
*delete whichever is not applicable

 

"delete whichever is not applicable

Ruses hese

Name of Sireeter/Geeretery/Sole
Director & Secretary*

(block letters)

*delete whichever is not epplicable

 

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Deed of Engagement

 

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EXECUTED by CEJAC HOLDINGS
PTY LTD ACN 084 526 698 AS
TRUSTEE FOR THE CHATWOOD
FAMILY TRUST in accordance with
the Corporations Act by authority of
its director(s)

 

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Deed of Engagement

 
    

Signature of
Sole Director & Secretary*
=delete whichever is not applicable

 

Director & Secretary*
(block letters)
*delete whichever is not applicable

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Garbage Bin Area

1. scrub out rubbish bins with disinfectant/cleanser as necessary;
2 hose and clean out bin area as necessary; 7

as place wheelie bins at collection points for Council collection; and
4

after garbage collection by Council replace bins in garbage bin area of
each Lot.

(NOTE: Bins to be put our and collected more often as required to correspond
with collection by Council if necessary.)

Fire Safety

is check fire hoses in accordance with the requirements specified in
Australian Fire Safety Regulations.

GENERAL
Grounds and gardens

Engage at the direction and expense of the Body Corporate and supervise any
contractor/s engaged in lawn mowing, care and maintenance and In general
gardening and maintenance duties relating to the vegetation on common
property.

External Window Cleaning

Engage at the direction and expense of the Body Corporate and supervise
contractors to clean the external surfaces of windows of lots (which external
surfaces are common property) three times a year or at such other frequency the
Body Corporate determines.

External Walls Maintenance and Painting

Engage at the direction and expense of the Body Corporate and supervise
contractors to maintain and paint the external surfaces of walls of lots (which
external surfaces of walls are common property) at such frequency as the Body
Corporate determines.

Pest Control and Termite Inspection

Engage at the direction and expense of the Body Corporate and supervise
contractors to carry out pest and termite inspections and to carry out any
requisite spraying or other treatment annually or at such other frequency as the
Body Corporate determines.

Timber Restaining

Engage at the direction and expense of the Body Corporate and supervise
contractors to carry out the maintenance and restaining of improvements and
structures on common property at such frequency as the Body Corporate
determines.

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External Contractors

In relation to any external contractors to be engaged by the Body Corporate for
the above works or otherwise, the Caretaker must assist the Body Corporate in
setting the parameters for the work required so that appropriate quotes can be
sourced, obtain quotations for the work, make recommendations to the Body
Corporate about such quotations, assist the Body Corporate in accepting
quotations and appointing contractors, where appropriate prepare scheduling of
works programs and schedule the work to be carried out at the most appropriate
times, supervise the carrying out of the work, inspect the work when completed
and advise the body Corporate when payment can be made,

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@mahoneys

Deed of variation

Viridian Noosa Residences

 

Level 18 ome
Body Corporate for Viridian Noosa Residences Brvbara Qié 4900
CTS 34034 apy

Brisbane Qid 4001

Seacal Pty Ltd as trustee, Lush Holdings Pty Ltd as p07 3007 377
trustee and Cejac Holdings Pty Ltd as trustee

Gold Coast Office
Level 2

235 Varsity Parade
Varsity Lakes Qia 4230

PO Box 462
Varsity Lakes Qid 4227

P 07 $562 2959
£07 5575 7803

infoDenatenays.com.su
wre mahoneys.com.au

ABN 99 349 703 654

Liability limited by 9 schemeapproved
under Professional Standards Legisiation

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Contents

Details 1

Operative part 1
1 Definitions and interpretation ...........:cscsssesesssesscsssesecesesescecesaesrensseaseasenrarenaeens 1
2 VAMIARION ....sessesererssrsrssrsecetatestenesesessesesacsteneseseesneneesrsrensieesenatensestenmeeneacsecnees 2
3
4
5

Execution page 4

293013_1.doc * Contents

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NICHOLSONS Deed of Engagement
Solicitors
Details
This deed of variation is dated: 2015
Parties

BODY CORPORATE FOR VIRIDIAN NOOSA RESIDENCES COMMUNITY TITLES SCHEME
34034 a body corporate formed under the Body Corporate and Community Management Act
1997 (Act) (Body Corporate)

SEACAL PTY LTD ACN 111 577 988 AS TRUSTEE FOR THE CALLIL FAMILY TRUST, LUSH
HOLDINGS PTY LTD ACN 055 284 728 AS TRUSTEE FOR THE LUSH FAMILY TRUST NO. 2
AND CEJAC HOLDINGS PTY LTD ACN 084 526 698 AS TRUSTEE FOR THE CHATWOOD

FAMILY TRUST (Manager)

Background

A The Manager is the caretaker and letting agent of Viridian Noosa Resklences CTS 34034
under the Agreements.

B The Body Corporate and the Manager have agreed to amend the terms of the
Agreements.

Operative part

 

1 Definitions and interpretation

1.1 In this deed unless the context otherwise requires:
(a) the terms defined in the Agreements have the same meanings;
(b) the interpretation provisions of the Agreements apply; and
(c) the following terms have the following meanings:
(i) Agreements: the Caretaking Agreement and the Letting Agreement;

(ii) Caretaking Agreement: a certain caretaking agreement dated 16 June
2005 between the Body Corporate and Yoyo Controls Pty Ltd ACN 007
332 532 whereby the Body Corporate appointed Yoyo Controls Pty Ltd
ACN 007 332 532 as caretaker of Viridian Noosa Residences CTS 34034
for a term of 25 years commencing on 16 June 2005 including all
extensions, renewals, assignments and variations to them and to which
the Manager is now a party; and

(lil) Letting Agreement: a certain letting agreement between the Body
Corporate and Yoyo Controls Pty Ltd ACN 007 332 532 whereby the Body
Corporate appointed Yoyo Controls Pty Ltd ACN 007 332 532 as letting
agent of Viridian Noosa Residences CTS 34034 for a term of 25 years

293013_i.doc * Page 1 of 5

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commencing on 16 June 2005 including all extensions, renewals,
assignments and variations to them and to which the Manager is now a
party.

2 Variation

21 The parties agree that the Caretaking Agreement is varied by adding the following clause
to be clause 3.2:

"If there is not, at the time the Caretaker gives notice under this clause nor at 15
June 2030, an outstanding breach of this Agreement by the Caretaker entitling
the Body Corporate to terminate it, the Caretaker may by giving written notice to
the Body Corporate at any time before 15 June 2030, extend or renew this
Agreement or the term of it for the period of 5 years commencing on 16 June
2030 and ending on 15 June 2035, otherwise upon the same conditions as are
contained in this Agreement and except that the remuneration for the first year of
this further period, and then for subsequent years of this further period, will be
calculated in accordance with the manner of increase set out in clause 4.3 of this
Agreement."

2.2 The parties agree that the Letting Agreement is varied by adding a new clause, clause
3.2 as follows:

"If there is not, at the time the Letting Agent gives notice under this clause nor at
15 June 2030, an outstanding breach of this Agreement by the Letting Agent
entitling the Body Corporate to terminate it, the Letting Agent may by giving
written notice to the Body Corporate at any time before 15 June 2030, extend or
renew this Agreement or the term of it for the period of 5 years commencing on
16 June 2030 and ending on 15 June 2035, otherwise upon the same conditions
as are contained in this Agreement.”

2.3 The parties:
(a) ratify and confirm all of the terms and conditions of the Agreements; and

(b) agree to be bound by the terms and conditions of the Agreements.

2.4 The Body Corporate acknowledges and agrees that:

(a) the term of the Agreements is 25 years beginning on 16 June 2005 and ending
on 15 June 2030; and

(b) by virtue of the variation of the Agreernents in accordance with this Deed, there is
a further option to extend or renew the Agreements or the term of the
Agreements for a further period of S years from 16 June 2030 and ending on 15
June 2035.

2.5 | The Body Corporate warrants that it has at general meeting, by secret ballot, without the
use of proxies and in compliance in all respects with the requirements of the Act and the
applicable Regulation Module, resolved to vary the Agreements in accordance with this
Deed and to enter into this Deed.

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NICHOLSONS Deed of Engagement
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3 Costs

3. Each party will pay its own costs of the negotiation, preparation and execution of this
Deed except that the Manager will pay all duty on it.

4 Further assurance

4.1 Each of the parties will and will procure every other person as required to sign and
execute all such further documents and otherwise do all such things as may be necessary
or desirable to give full force and effect to this Deed.

5 Severance

5.1 If any provision of this Deed is, for any reason, considered or found by a court of
competent jurisdiction or any competent government authority to be invalid, illegal or
unenforceable, that provision is to be severed from the remainder of the provisions of
this Deed and will be deemed never to have been part of this Deed. The remainder of
the provisions of this Deed will remain in full force and effect unless the basic purposes of
this Deed are defeated.

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Deed of Engagement

 

Execution page

 

Executed as a deed:

THE COMMON SEAL of THE BODY
CORPORATE FOR’ VIRIDIAN NOOSA
RESIDENCES CTS 34034 was affixed
pursuant to a resolution of the Body Corporate
in the presence of two officers who certify that
they are the proper officers of the Body
Corporate to affix that seal

EXECUTED by SEACAL PTY LTD ACN 111
577 988 AS TRUSTEE FOR THE CALLIL
FAMILY TRUST in accordance with the
Corporations Act by authority of its director(s)

Signature of Director

 

CRIS T CALL

Name of Director (block letters)

293013_1.doc « Page 4 of S

fear. FATS
ime and designation

 

Varn 2. Vick ariog heprupy
Name and designation _—_—-
Aron Merce Sched

Signature

LRaASRER_
Ni

 

vt.

Signature of Direetor/Secretary/ Sole
Director & Secretary*

*delete whichever is not applicable

LCURBTIVE T CNL

Name of  Direeter/Seeretary/Sole
Director & Secretary*

(block letters)

*delete whichever is not applicable

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Deed of Engagement

 

EXECUTED by LUSH HOLDINGS PTY LTD
ACN O55 284 728 AS TRUSTEE FOR THE
LUSH FAMILY TRUST NO, 2 in accordance
with the Corporations Act by authority of its
director(s)

 

Dusen .arsun..L USH

Name of Director (block letters)

EXECUTED by CEJAC HOLDINGS PTY LTD
ACN 084 526 698 AS TRUSTEE FOR THE
CHATWOOD FAMILY TRUST in accordance
with the Corporations Act by authority of its
director(s)

 

MOB MME TMOOD

Name of Director (block letters)

293013_1.doc « Page 5 of 5

werrwe

 
  

Ly
Gs

pdturs

Director & Secretary*

   

   

f
*delete whichever ts not applicable

Rvsanes Lanive.. L vs

/Sole
Director & Secretary*

(block letters)

“delete whichever is not applicable

Signature of Directen/Seeretany! Sole
Director & Secretary*

“delete whichever is not applicable

 

Name of  -DirecterSecretery/Sole
Director & Secretary*
(block letters)

*delete whichever is not applicable

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                          ANNEXURE B
                     (Occupation Authority Area)
               Approximate Location of Proposed Shed