Body Corporate - Deed of Engagement 13.04.2022 · 132006.823.10

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NICHOLSONS     Deed of Engagement
  Solicitors


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NICHOLS
HOLSONS Page 11
Deed of Engagement

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SQUCITORS Caretaking Agreement

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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.