Body Corporate - Deed of Engagement 13.04.2022 · 132006.823.10

                          Page 12
NICHOLSONS     Deed of Engagement
  Solicitors


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NICHOLSONS Page 12

 

Solicitors Deed of Engagement
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SOUCTORS Caretaking Agreement

 

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