kew cottages part 4 deed of variation signed 28 august 2009 se

8/9/2019 Kew Cottages Part 4 Deed of Variation signed 28 August 2009 se

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ANN EXURE AIndicative architect's impression, floor plan, and indicative specificationand inclusion schedule attached

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Indicative Architect's Impression and Floor Plans

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Indicative Specification and Inclusion Schedules

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Standard Specif icat ion and Inclusio n Schedu leThis s chedule lists the range of, and variation in; materials, appliances, general finishes, fixturesand fittings for housing in Stage 2. Their use, extent and location will vary from lot to lotthroughout the stage as indicated on your marketing drawings and as specified in your selectedcolour scheme.

EXTERIOR FINISHESWalls Rendered MasonrylFC Sheeting - Selected Pa int Finish

Profiled Zinc Cladding (as nominated)Roof Colourbond Profiled Metal Roof CoveringGutter & Downpipes - Colourbond Box Gutters. - Colourbond Downpipes and Rainwater HeadsWindows Powdercoat Aluminium Framed WindowsClear andlor Obscure GlazingEntry Door - Solid Core Timber Door with Enamel Paint FinishGarage Door Selected Powdercoated Aluminium Panel Lift DoorEntry Paving Precast Coloured Concrete Feature PaversDriveway - Coloured Concrete to K DC's SpecificationsFencing To Kew De velopmen t Corporation's SpecificationsLetterbox Rendered Masonry with S tainless Steel F asciaLandscaping - To Kew D evelopme nt Corporation's Specification

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STAGE 2A

FIXTURES & F l lT INGSKitchen

-Kitchen Appliances -

Ensuite

Bathroom

Benchtop Reconstituted StoneJoinery doors an d drawers 2 Pac - Polyurethane FinishSplashback Colourback GlassWa ter point to fridge spaceSinkTapwareOvenCooktopRangehoodDishwasherMicrowaveFridgeFreezerCoffee M achine

Undermount SinkChrome Finish M ixer Tap with Pulloutsp rayMiele Electric Ove n 90cm wide - StainlessSteelMiele Gas -Stainless SteelMiele -Sta inless SteelMiele lntegratedMiele -Stain less SteelMiele lntegratedMiele lntegratedMiele - Stainless Steel

Joinety Units 2 Pac Polyurethane FinishVanity Fin ish Selected M a h ieShow er Screen Frameless f lassToilet Concealed Cistern -W hite CeramicShow er Base Selected Marble TileMirror Square Polished EdgeExhaust Fan Ceiling MountedVanity Mounted Basin Custom M ade Stone CompositeTapware Roger Seller Chrome Finish Mixer TapTowel Rail Roge r Seller Double Stainless SteelToilet ro ll holder Roge r Seller Stainless SteelRobe Hook Roge r Seller Stainless SteelSho we r Tray1 Shelf Roge r Seller Stainless SteelSoap Tray Roge r Seller Stainless SteelJoinety Units 2 Pac - Pac PolyurethaneVanity Finish Selected MarbleBath Custom Made Stone CompositeShow er Screen Frameless GlassToilet Concealed Cistern -W hite CeramicMirror Squa re Polished EdgeExhau st Fan Ceiling MountedVanity Mounted Basin Custom Made Stone CompositeTapware Roge r Seller Chrome Mixer Tap to B asinRoger Seller Chrome Finish Wa ll M ixer toShowerRoge r Seller Chrome Finish FloorMou nted Faucet with Wall Mixer to B athTowel Rail Roge r Seller Stainless SteelToilet ro ll holder Roge r Seller Stainless SteelRobe Hook Roge r Seller Stainless Steel

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Powder Room

Laundry

Showe r Tray1 ShelfJoinery UnitsVanity FinishVanity BasinToiletToilet Roll HolderJoinery Units- BenchtopTapwareExhaust Fan

Bedroom Wardrobe - Wardrobe

Linen Cupboards

Roger Seller Stainless Steel2 Pa c - Polyurethane FinishSelected MarbleCustom M ade Stone CompositeConcealed Cistern -W hite Ceram icRog er Seller Stainless SteelLaminateLaminateSingle B owl Stainless SteelChrome Finish Trough Mixer Tap &Chrome Finish Washing Machine TapsCeiling M ounted2 Pac Polyurethane Finish andlo rMirrored S liding DoorsFixed and Adjustable Melamine ShelvingMelamine DrawersChrome Single and Double Hanging RailsStainless Stee l Joinery HardwareDoo rs Painted to Match Wall ColourFixed and Adjustable Melamine ShelvingStainle ss Steel Joinery Hardware

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INTERIOR FINISHESFloors

WallsCornice

Floor Tiling

Wa ll Tiling:

Doors and WoodworkThermal insulation

Woodwork

EXTERIOR PAINTING

Down pipes 1Gutters 1Rain HeadsExterior TimberFront Doors

Engineered Tim ber flooringCarpets 80% Wool & 20% NylonPlaste rboard with Paint FinishGround Floor - Shadow Line to P erimeterUpper Floor-Square SetCeramic Tiles - 300 x 600mm or 400 x 400mm (Entry /Laundry)Marble Tiles - 300 x 600mm or 400 x 400mm (Ensuite 1Bathroom 1Powder Room)

- Ceram ic Tiles - 300 x 600mm (Bathroom and Ensuite)Splashback in Laundry (Skirting and Splashback)Semi Gloss Enamel Paint Finish to Flush Panel Doorsand SkirtingsInsulation Bans & Sarking to Roo f Space.

- Insulation Bans to Exterior Walls- Painted M DF Skirting

ColorbondFull G loss AcrylicFull Gloss Enamel

INTERIOR PAINTING

Ceilings Low She en AcrylicWallsLiving and DiningKitchenBathroom I Ensuite /Powder Room

Was hable AcrylicWas hable AcrylicWash able Acrylic

Low S heen AcrylicDoors / Skirting / Architrave Semi Gloss Enamel

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STAGE 2AMAIN DRIVE KEW

GENERALHeatingICooling -Hot Water Service -Clothes LineDoor Bell 1 Intercom -Door Hardware -

TV 1Telephone 1 Data -PointsInternal Light Fittings -External Light Fittings -Irrigation System -Gas Point -Rain Water Tank -StairsDucted VacuumAlarm SystemFireplace -

Reverse Cycle Heating &C oolin gGas Hot Water S erviceRetractable Clothes LineVideo Security IntercomEntry Door - Stainless Steel HandleInternal doors -Sa tin ChromeTo Kew Development Corporations SpecificationsDownlightsFluoresce nt Light Fittings to Ga rageWall M ounted Lighting to R ear CourtyardDownlight to PorchLandscape Irrigation System to Plants in F ront YardBayon et Gas Point to Externa l Living Area2000 litre Colourbond Ta nk - Connected to Ga rden TapTimber Treads with G lass BalustradeDucted Vacuum SystemAlarm SystemGas Fire

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"ANNEXURE B"GUARANTEE AND INDEMNITY

(Name):(Address):and(Name):(Address):(hereinafter called "the Guarantor") In Consideration of the Vendor having agreed at theGuarantor's request (as is hereby acknowledged) to enter into the Contract to which thisGuarantee is annexed with the Purchaser Hereby Guarantees to the Vendor payment of thewhole of the purchase money interest and other moneys due and payable under the Contractand the due observance and performance by the Purchaser of all covenants and provisionsbinding on the Purchaser thereunder or pursuant to any other agreement made between thePurchaser and the Vendor. To the exten t (if any) that the Guarantee se t forth above ma y be voidor unenforceable in whole or in part by reason of the infancy or any other incapacity of thePurchaser or want of writing or other failure to comply with any law the Guarantor agrees toindemnify the Vendor in respect of any failure by the Purchaser to m ake any such paym ent aswould otherwise have formed part of the moneys the subject of the Guarantee and in addition theGuarantor agrees to indemnify the Vendor in respect of any claim by the Purchaser to any refundto which the Purchaser may become entitled b y virtue of all o r any o f the above described facts.The Guarantor agrees and co venants that:

In this Guarantee un less the context otherwise requires:"this Guarantee" and "the Guarantee" shall mean this document of Guarantee andIndemnity and the guarantee a nd indemnity herein contained;"Guarantor" shall mean and include each or the person or persons or companiesdescribed above and their respective heirs, executors and administrators, successorsand assigns;'Ins olv en t Adm inist ratio n" means the appointment of a controller or administrator (asthose terms are defined in the Corporations Act), provisional liquidator or liquidator inrespect of a corporation or the undertaking or any pa rt thereof of a corporation;'Purchaser" shall mean the person or company being the Purchaser described in theContract and that person or company's executors, administrators, successors andassigns;"Ven dor" shall me an the person or company being the Vendor described in the Contractand that person or compan y's executors, adm inistrators, successors an d assigns;'Co ntra ct" shall mean the Contract of Sale of Land to which this Guarantee is annexedThis Guarantee and indemnity shall be a continuing Guarantee and Indemnity and shallbe without prejudice to and shali not be affected nor shall the rights or remedies of the

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Vendor against any Guarantor be in any way prejudiced or affected by any of thefollowing:(a) any security negotiable or otherwise which may now or hereafter be held fromany person in respect of the payment o f any m oneys or from the Purchaser ofany other person in respect of any su m hereby guaranteed or indemn ified;(b) any release variation exchange renewal or modification made or any otherdealing by the Vendor with any judgement speciality instrument negotiable orotherwise or other security whatsoever recovered held or enforceable by him inrespect of all or any of the moneys hereby guaranteed and indemnified or anyagreement at any time by the Vendor in the Vendor's discretion with respect toany of such matters;(c) any time given to the Purchaser in connection with the payment of any m oneyshereby guaranteed and indemnified or any other indulgence or variation orrevision agreement granted to or composition compromise or arrangement madewith the Purchaser or any other person whether with o r without the consent of ornotice to the Guarantor nor by the death bankruptcy or winding up of the

Purchaser nor b y the Vendor receiving any payment which it is not legally en titledto retain; and(d) Any variation modification amen dmen t or novation of the Contract or anysubstitution thereof.The Guarantor will waive any rights under the law of suretyship inconsistent with theterms hereof.The Vendor's acceptance hereof shall not preclude the Vendor from exercising theVendor's rights in respec t of any continuing recurring or future default by the Purcha ser.In the event of a composition or arrangement by the Purchaser with the Purchaser'screditors or the Purchaser's bankruptcy or (if the Purchaser be a company) an orderbeing made or resolution pas sed for its winding up or the Purchaser being placed underofficial management or an administrator being appointed with respect to the Purchaseruntil the Vendor has received one hundred cents in the dollar in respect of the moneysthe sub ject of this G uarantee the Guarantor s hall prove for any debt or liability due to theGuarantor by the Purchase r if and only if the V endor so requ ires, and the Guarantor shallhand the fruits of any proof to the Vendor.The service of a demand shall not be a condition precedent to the enforcement of theGuarantor's liability hereunder.No sum or sums of money received by the Vendor to the credit of the account of thePurchaser or the Guarantor which the Vendor may thereafter become liable to repay orfor which the Vendor is o r may thereafter beco me liable to account in any liquidationofficial management bankruptcy scheme of arrangement or similar administration to anyliquidator official manager trustee in bankruptcy or other person (as a preference orotherwise) or which or for which the Vendor (in its discretion exercised in good faith) mayso repay or so account shall be considered as received by the Vendor or discharge ordiminish the G uarantor's liability and the Guarantor hereby jointly and se verally agrees toindemnify the Vendor in respect of any such repayment or payments that the Vendor maymake.In the event that the liability of the Purchaser to pay all or any part of the moneys thesubject of this Guarantee and Indemnity is released or deferred under any scheme ofarrangement between the Purchaser and its creditors (or in any other way whatsoever)

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the Guarantor agrees to indemnify the Vendor against any failure by the Purchaser topay all or any pa rt of the moneys the subject of this Guarantee and Indemnity at the timeor times that money should have been paid apart from such scheme of arrangement orother event or any releas e or deferral of the Purchas er's liability thereunder.9. The Guarantor shall pay to the Vendor the Vendor's costs (including solicitor/own clientlegal costs and disbursements) of and incidental to the execution and enforcement of this

Guarantee.10. The within covenants by the Guarantor shall if consisting of more than one person orcompany be deemed to m ean and include each Guarantor jointly and severally.

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Dated the day of

SIGNED SEALED and DELIVERED byin the presence of

. .Signature of witness. . .Name of witness (print)

SIGNED SEALE D and DELIVERED byin the presence of

. . .Signature of witness. . -Name of witness (print)

SIGNED SEALED and DELIVERED byin the presence of

. ..Signature of witness

Name of witness (print)

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"ANNEXURE C"SURFACE LEVEL PLAN

(SC 6.2)

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Schedule 4A m e n d m e n t P r o t o co lLot Sale Contract for KRS Si teThe following amendments m ay b e m ade to the Lot Sale Contract by the Developer without obtainingthe State's consent:

completion of the p articulars of sale and certain definitions with stag e specific information,such as plan details, title details, address details and details of encum brances;extension of the date for pay men t of the second instalmen t of the 1 0% deposit, or changesto the amount an d terms of payment of the deposit generally;extension of the time allow ed for payment of the balanc e of price;inclusion of any stage specific conditions precedent to settlem ent in special condition 2 a ndconsequential amendments;special condition 3 - nclusion of stage specific matters to which land is subject, includingreferences to ow ner's corp oration rules and lot entitlement and lot liability, where an ow ner'scorporation Is created b y the stage plan;special condition 5.3 - nclusion of further matters about wh ich the purchaser cannot object;special condition 5.4 -c ha ng e to the percentage;special condition 6.2 - nclusion of specific details of wor ks affecting the natural surface leve lof the land and/or deletio n of the reference to engineering plans;special condition 7 - amendments to reflect changes in the Building Act 1993 or D ome sticBuilding Contracts A ct 1 99 5 and to deal with any sta ge sp ecific changes to building plansand specifications u nde r special condition 7.2;deletion of special condition 14;amendment of special condition 15 (and consequential amendments throughout thecontract) to exclude the right for the purchaser to pay the d eposit b y way of bank guaran teeand/or deposit bond. Am endm ents to the definitions of bank guarantee and/or deposit bondto include further pa ramete rs o f acceptability (for example, requiring deposit bond issuer tohave a certainM oody 7s ating);special condition 1 6 -am en dm en t to the warranties ma de by the vendor to reflect stagespecific matters to wh ich the land is subject;if requested by a purchase r, amendm ents to special con dition 20 (and the particulars of sale)to m ake the price GS T exclusive and the purchaser liable to p ay GST on the price atsettlement;inclusion of a confidentiality clause;any changes nece ssary due to changes in legislation (including those m entioned at 9above);where necessary, specific conditions m aking the contract su bject to agreements undersection 173 of the Plan ning and Environment Act, section 14 3 of the Melbourne &

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Metropolitan B oard of Works Act and to other agreements with adjoining lan d owners,Council, supply authorities and companies and other com petent authorities (includingdefinitions and annexing draft documentation to the contract);where necessary, specific conditions making the contract subject to the Memorandum ofComm on Provisions including inclusion of definitions and annexing draft Mem orandum ofCom mon P rovisions to the contract;completion of expiry dates for the registration and construction periods for ea ch stage;attachment of relevant annexures;ame ndm ent of the provisions changing or de leting general conditions or cond itions underTable A;any other amen dme nt of a minor nature provided that the amendm ent does n ot give thepurchaser a right to rescind (that the pu rchaser did not otherwise have);where clause C2 applies, inclusion of a s pecial condition (and various definiti0ns)"dealingwith owner's corpo ration matters, including:(a) conduct o f the inaugural meeting and passage of owner's c orporation rules;0) controls o n the purchaser's voting rights, supported by prox y rights and a power ofattorney;including the definition of 'Building' and use of that term in special conditions 4.1 and 6.2(and wherever else reievant), where th e reievan t stage includes apartments;deletion o f all definitions and special conditions relating to the registration of the plan ofsubdivision and construction, where the Lot was so ld after registration of the plan andconstruction of the prop erty (and ail consequential am endments);the inclusion o f provisions dealing with optional finishes, fittings, floor plans and the like.

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Recrea tion Centre Design

the buildings and facilites should all be accessible for people with a disability, includ ing those usingwheelcha irs. This will be of benefit to ex -KRS residents, but also to other members of the comm unitywho h ave a disability, mobility issues or use prams etcThe buildings should also have d isability acces sible bathrooms /change rooms etc.

PooUrecrea tion facility:accessibility would be the key requirement for these facilities, including bat bro od cha nge rooms

Consulting room sbased on experienc e in the design of othe r comm unity healthlallied health facilities, it is ideal tomaximise the flexibility of these spa ces. T he recommended size for each consulting room is 16 sqmetres. The rooms should include a basin - then they can be used fo r practitioners requiring this. Th ebasin sho uld be built in behind cu pboardsldoo rs that can be clos ed to conc eal the basin. This way, theroom can be converted to a "counselling" type room or used for other functions such as small meetings.it is recomm ended that a reception cou nterlspace be included - this allows an y providers to use areception function to organise their w ork and appointm ent flows, greet servic e users, take enquiries etc.

Kiosk/Cafedisability access to this facility is critical, including acce ssible bathroomthere is a strong expectation that the c afe serves a range o f food that is affordable for people on limitedincomes such as pensions.

Community facilitiesthe com munity facility spaces shou ld be flexible enough to cater for small or large groups participatingin meetings or activities. At least on e large me eting space should be provided, along with a range ofmedium to sm aller rooms. It would b e ideal if some of the smaller spaces could be opened up to fom l alarger space. As well as being used for com munity meeting facilities, these space s should be appropriatefor mnning class es and activities that respond to comm unity need.Th e inclusion of some in builtbencheslsink s would therefore be useful.Conside ration has previously been given to using some of the community spaces to displaylexhibititems related to the history of the KRS site, art work etc. Therefore s ome areas that could be used fordisplaylexhibition purposes would b e useful. These would obviously then a lso be available for othercommunity members for similar purposes. .-

Ca r Park ingadequate car parking space will be important, including some disability accessible spaces . These s houldbe of a size to enab le small buses to park and assist people using whe elchairs to alight.

Hydrotherapy pool


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the department is still formally finalising its position o n the hydrothrapy po ol an d I will advise you asapabout this.

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Schedule 6Initial Stage 2 Comm unity House Design

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~ .. meeting- . . point

- ^ , ,

PARKLAND

K e w S t a g e 3a - K R S Housinq

kew cottages part 4 deed of variation signed 28 august 2009 se

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