Body Corporate - Deed of Engagement 13.04.2022 · 132006.823.10

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 NICHOLSONS                                                                Deed of Engagement
      Solicitors




        (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.