lease/su cipleas e form 7 version 6 gladstone regional...

714119544 VO REGISTERED Recorded Date 19/10/2011 14:37 of 19

LEASE/SU CipLEAS E FORM 7 Version 6

III 714119544 $195.85

19/10/2011 14:37 RN 505

• - - information about privacy in NR&W see the department's website.

1. Lessor GLADSTONE REGIONAL COUNCIL

GLADSTONE REGIONAL COUNeice RECORDS DpIll

Resp Officer/s.liPCS4...cM

0 5 AUG 2014

ROI . 1 . 1 4 M O M l l l l l l „Doc No

Lodger (Name, address, E-mail & phone number Gladstone Regional Council 101 Goondoon Street GLADSTONE OLD 4680 Telephone: 07 4970 0700

1 of 15

Lodger Code RN29

Lot on Plan Description County Parish Title Reference LOT 49 ON FD1010 FLINDERS UXBRIDGE 49014080 Lessee Given names Surname/Company name and number (include tenancy If more than one) AGNES WATER SURF LIFE SAVING CLUB INC

4. Interest being leased RESERVE 290 FOR PARK, RECREATION AND DRAINAGE PURPOSES

Description of premises being leased That part of Lot 49 on FD1010 shown as Lease A on the sketch plan attached Term of lease Commencement date/event: 1/07/2011 Expiry date: 30/06/2021 *Options: Nil *Insert nil if no option or insert option period (eg 3 years or 2 x 3 years)

7. RentaUConsideration As per Schedule attached

8. Grant/Execution The Lessor leases the premises described in item 5 to the Lessee for the term stated in Item 6 subject to the covenants and conditions contained in: - the attached schedule; and registered standard terms document no. 711932933

Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994 GLADSTONE REGIONAL COUNCIL

•

signature

06-1 HnivKi (NI full name

qualification 3 1 / ./11 04-9 Witnessing Officer

Witnessing officer must be in accordance with Schedule 1 of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)

Execution Date Chief Executive Officer Stuart Randle

Lessor's Signature

9. Acceptance The Lessee accepts the lease and acknowledges the amount payable or other considerations for the lease.

AGNES WATER SURF LIFE SAVING CLUB INC

signature 1 4 ) 0 t - e , - - E 5 f u r < k ( 1 ( \ . ,

.full name

C1) tio.-4-szk • qualification R . 9 3

Execution Date

Witnessing Officer

(Witnessing officer must be In accordance with Schedule 1 of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)

tiember of rm.^ cehAv;\

fizAele' e--P70/-,-/--etteitretary

Lessee's Signature

gement Committee

5 t-5

C The State of Queensland (Dept of Natural Resources and Mines) 2014

QUEENSLAND LAND REGISTRY

Land Title Act 1994, Land Act 1994 And Water Act 2000

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PART 1: PARTICULARS OF TRUST LAND

1.1

Title Reference 49014080

The land referred to in Item 2 of the Form 7 comprising a reserve for Recreation and Drainage purposes number 202 was set apart by Order in Council published in the Queensland Government Gazette on 19/7/1980, containing an area of .97711 ha, being Lot 49 on FD1010 under the control of the Trustee.

PART 2: DEFINITIONS AND INTERPRETATION

2.1 Definitions

In this Trustee Lease, except to the extent the context otherwise requires:

"Abandoned Property" — refer to clause 13.6;

"Act" - means the Land Act 1994 (Qld), as amended from time to time and if that Act is repealed, any Act which replaces that Act;

"Approval" - means any approval, consent or permission required by law, including under the Act;

"Appurtenances" means all stop-cocks, hydrants, fire hoses, water closets, lavatories, grease traps, water apparatus, wash basins, wash rooms, gas fittings, electrical fittings and apparatus and other services contained in or about the Premises.

"Business Day" means any day in the State of Queensland which is not a Saturday, Sunday or public holiday either in the locality of the Premises or in Brisbane;

"Chief Executive Officer" — means the Trustee's Chief Executive Officer, his delegate or person performing the duties of such position from time to time;

"Commencement Date" - means the commencement date stated in item 6 of the Form 7;

"Default Notice" — means the notice requiring the Trustee Lessee to remedy any breach of this Trustee Lease by the Trustee Lessee pursuant to clause 12.3;

"Footpath Area"- means any part of a Road Reserve abutting any part or parts of the Premises set aside by Trustee from time to time and at any time for use as a footpath;

"Form 7" - means the Form 7 lease which forms part of this Trustee Lease;

"GST' — means a Goods and Services tax imposed under the New Tax System (Goods and Services Tax) Act 1999 ("the Act") and related legislation;

"Hirer — refer to clause 5.18,

"Improvements" - means all improvements, fixtures and fittings as constructed on the Premises from time to time whether before or after the Commencement Date

"Mandatory Standard Terms Document" - means Mandatory Standard Terms Document for a Trustee Lease - No 711932933,

"Minister" — means the Minister administering the Act;

"Parties" - other than in clause 15 (Release and Indemnity) of the Mandatory Standard Terms Document, means the Trustee and Trustee Lessee,

"Premises"- means the premises described in Item 5 of the Form 7 and the Improvements on those premises;



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"Rental Year" - means each year of the Term, the first of the rental years commencing on the Commencement Date and each subsequent rental year commencing on the corresponding day of each succeeding year;

"Reserve" - means the land set aside as the Reserve as described in clause 1.1;

"Supply" means a supply by the Trustee to the Trustee Lessee under this Trustee Lease in accordance with the GST;

"Tax Invoice" means an invoice or adjustment note in the form required by the New Tax System (Goods and Services Tax) Act 1999 and identifying the amount and calculation of the GST payable in respect of the relevant payment,

"Term" - means the term stated in Item 6 of the Form 7;

"Trust Land means the land described in Item 2 of the Form 7;

"Trustee's Address for Notices" — means the following address or such other address as the Trustee Lessee may advise the Trustee Lessee in writing:

PO Box 29 GLADSTONE QLD 4680

"Trustee" - means the Lessor stated in Item 1 of the Form 7 and any trustee appointed under the Act in place of that Lessor. Where the context permits, the definition also includes all of the Trustee's officers, employees, agents, contractors, consultants and invitees;

"Trustee Lease" — means the Mandatory Standard Terms Document and any other document (including Form 7, any schedule, plans and attachments) for a lease by the Trustee to the Trustee Lessee of the Premises for the Term;

"Trustee Lessee's Address for Notices" — means the following address or such other address as the Trustee Lessee may advise the Trustee in writing:

PO Box 281 AGNES WATER QLD 4677

"Trustee Lessee" - means the Lessee named in Item 3 of the Form 7 and includes any natural representative or successor in title to the Trustee Lessee. Where the context permits, the definition also includes all of the Trustee Lessee's officers, employees, agents, contractors, consultants and invitees;

2.2 Interpretation

In the interpretation of this Trustee Lease except to the extent the context otherwise requires:-(a)

Words importing only persons include corporations and/or associations and/or bodies and vice versa in each respective case,

(b) Reference to statutes, regulations, ordinances or by-laws are deemed to extend to all statutes, regulations, ordinances or by-laws amending, consolidating or replacing the same;

(c) The headings do not affect the interpretation of this Trustee Lease;

(d) Words importing the singular include the plural and the masculine gender the feminine or neuter and vice versa;



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(e) Any covenant or agreement on the part of two (2) or more persons is deemed to bind them jointly and severally;

(f) If any term, covenant or condition of this Trustee Lease or its application to any person or circumstances become invalid or enforceable the remaining terms covenants and conditions are not affected thereby and each term covenant and condition of these presents are valid and enforceable to the fullest extent permitted by law;

(g) All covenants implied by law (statutory or otherwise) are deemed to have been modified (where so permitted) to the extent of any inconsistency with the provisions of this Trustee Lease; and

(h) A reference to a clause or Part is a reference to a clause or Part of this Trustee Lease

PART 3: RENT

3.1 Rental

The Trustee Lessee must pay the rent of ONE DOLLAR ($1.00), for each Rental Year, if demanded.

PART 4: OTHER CHARGES PAYABLE BY THE TRUSTEE LESSEE

4.1 Service Charges

The Trustee Lessee must pay all charges for electricity, gas, water and telephone and other services to or from or in connection with the Premises (including the cost of connecting any services to the Premises).

4.2 Rates, Charges, Taxes and Other Outgoings

The Trustee Lessee must pay on demand all rates, taxes, charges and assessments (including fire levies) as levied from time to time and at any time by the local government, Federal and State Governments and any other outgoings whatsoever which are or may become payable in respect of the occupation and use of the Premises.

4.3 Costs of Trustee Lease

The Trustee Lessee must on demand by the Trustee, pay to the Trustee:

(a) all legal costs, survey costs, stamp duty and expenses of and incidental to the preparation, execution, stamping and registration of this Trustee Lease;

(b) in case of default by the Trustee Lessee in performing or observing any covenants contained or implied in this Trustee Lease, all legal and other costs, charges and expenses for which the Trustee becomes liable in consequence of or in connection with such default; and,

(c) in case of cancellation or surrender of this Trustee Lease, all legal and other costs and charges and expenses associated with such cancellation or surrender.

PART 5: USE OF PREMISES

5.1 Permissible Use

The Trustee Lessee must not without the prior written consent of the Trustee and the Minister during the whole of the Term of this Trustee Lease, use or permit the Premises to be used for any purpose other than for surf life saving and any other ancillary purpose where such purposes are necessary or incidental to the



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other purposes referred to in this clause with such use always being consistent with the Trustee's Planning Scheme from time to time operative.

5.2 Premises not to be used for Residential Purposes

The Trustee Lessee must not use or permit to be used the Premises for any residential purposes whether temporary or permanent without the prior written consent of the Trustee.

5.3 Offensive Business or Nuisance

The Trustee Lessee must not at any time during the Term, carry on, commit or permit to be carried on or continued upon the Premises any offensive business or occupation or nuisance.

5.4 Cleaning of Premises

The Trustee Lessee must at its cost:

(a) arrange for routine cleaning of and removal of rubbish from the Premises; and

(b) keep the Premises free and clear of rodents, termites cockroaches and other vermin.

5.5 Inflammable Substances

The Trustee Lessee must not bring upon or store in the Premises, any explosive, inflammable or corrosive fluids or chemicals.

5.6 Grounds Maintenance

The Trustee Lessee must to the satisfaction of the Chief Executive Officer:

(a) keep the Premises and the Footpath Area clean and clear of all rubbish, litter and other unsightly material; and,

(b) attend to the regular mowing and trimming, watering and upkeep of grassed areas (including any trees, plants and shrubs) located on the Premises and Footpath Area.

5.7 Conduct voiding Insurance

The Trustee Lessee must not at any time do or permit to be done or omit to do any act or thing upon the Premises resulting in any insurances on any building on the Premises being rendered void or voidable.

5.8 Notice of Damage

The Trustee Lessee must advise the Trustee promptly in writing of any damage to the Premises or any defective operation of any services contained in or about the Premises.

5.9 Advertising

The Trustee Lessee must:-(a)

not without the prior written consent of the Trustee, permit any advertising matter of any description to be displayed on or about the Premises; and,

(b) at the expiration or sooner cancelation of this Trustee Lease:-(

) forthwith remove all advertising signs or displays affixed or put up on the Premises; and



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(ii) restore the Premises to a standard satisfactory to the Trustee.

5.10 Compliance with Statutes Etc

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The Trustee Lessee must at its own cost duly observe, perform and fulfil or cause to be observed, performed or fulfilled as the case may be, all requirements of all statutes, regulations and Local Authority local laws or ordinances affecting the Premises or the activities carried on or in the Premises

5.11 Interference with Services

Subject to the Trustee Lessee's repair obligations in this Trustee Lease, the Trustee Lessee must not interfere with any drains, water supply, gas, electrical, plumbing or other services contained in or about the Premises or any of the Appurtenances without first obtaining the written consent the Trustee.

5.12 Declared Pests Plants and Animals

Refer to clause 7 of the Mandatory Standard Terms Document.

5.13 Livestock

The Trustee Lessee must not depasture any livestock upon the Premises.

5.14 Liquor or Gaming or Other Licence

Refer to Clause 10 of the Mandatory Standard Terms Document.

5.15 Management Plan

Where there is a management plan for the Premises under section 48 of the Act, the Premises must be used by the Trustee Lessee in accordance with that plan.

5.16 Regular Use of Premises

The Trustee Lessee must conduct regular activities on the Premises during the Term and at such times as are usual for the Trustee Lessee's activities to be conducted.

5.17 Abandonment of Premises

Unless otherwise agreed in writing by the Trustee, the Trustee Lessee will be deemed to have abandoned the Premises, if the Premises are not used by the Trustee Lessee for a period in excess of 6 months.

5.18 Hire to other parties

If at any time the Trustee Lessee does not conduct activities on the Premises, including activities within buildings upon the Premises, the Trustee Lessee must permit other persons, approved of from time to time by the Trustee, to hire the Premises and to conduct activities on the Premises (the "Hirer"):

(a) under such terms and conditions as the Trustee Lessee and the Hirer agree; or

(b) failing agreement, as the Trustee determines.

5.19 Trustee Lessee not relieved of obligations

Nothing contained in clause 5.18 relieves the Trustee Lessee of its obligations and duties contained in this Trustee Lease.


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5.20 Trustee Lessee Responsible for acts or omissions of Hirer

The Trustee Lessee is liable for all acts and omissions of the Hirer in relation to the Premises during the period that the Hirer occupies and uses the Premises under clause 5.18.

5.21 Parking of Vehicles

The Trustee Lessee must ensure that ail persons using the Premises park their vehicles only on the Premises or such other locations as the Chief Executive Officer may from time to time approve in writing.

5.22 Admission Charge

The Trustee Lessee is at liberty to charge admission on the public at large for events it conducts on the Premises.

5.23 Use of Income

Any income derived by the Trustee Lessee under clause 5.22 or any other income derived by, through or in connection with the use of the Premises by the Trustee Lessee or any other person, must be used solely for the purpose of furthering the objects of the Trustee Lessee in relation to its activities and/or the construction of Improvements upon the Premises and expenses incidental thereto.

PART 6: MAINTENANCE AND REPAIR OF PREMISES

6.1 Trustee's right to inspect

The Trustee or its employee's or contractors may at all reasonable times upon giving at least 2 days notice enter upon the Premises:

(a) to view the state of repair of the Premises and leave upon the Premises a notice in writing requiring the Trustee Lessee within a stated period of time to repair any defects which are the obligation of the Trustee Lessee to repair; and

(b) where the Trustee Lessee fails to comply with the notice, to repair the defects at the expense of the Trustee Lessee with this expense to be repaid to the Trustee on demand, failing which the Trustee may recover such expenses from the Trustee Lessee as a liquidated debt due and owning in any court of competent jurisdiction..

6.2 Trustee Lessee to maintain and repair Premises

The Trustee Lessee must to the absolute satisfaction of the Trustee:

(a) at its own cost and expense keep and maintain the Premises and all Appurtenances on the Premises in good and tentable repair and condition, including fair wear and tear and any structural defects or damage; and

(b) at its expense, keep and maintain the Premises in a clean condition and good order and repair; and

(c) at its expense, replace all broken or faulty light bulbs and tubes; and

(d) keep and maintain waste pipes, drains and conduits within the Premises in a clean, clear and free flowing condition.



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6.3 Trustee not responsible for any repairs or maintenance

For the avoidance of any doubt, the Trustee is not responsible for any repairs or maintenance in respect of the Premises whatsoever (including structural damage and inherent defects).

6.4 Trustee Lessee to paint Premises

The Trustee Lessee must paint all internal and external surfaces of all buildings, other Improvements on the Premises:

(a) at such times during the Term as the Trustee may in its absolute discretion deem necessary with such painting not being required more frequently than once every five (5) years during the Term;

(b) in a colour approved of in advance by the Chief Executive Officer.

PART 7: ALTERATION TO PREMISES

7.1 No alterations without consent

The Trustee Lessee must:-(a)

not commence or allow to be commenced on the Premises:-(i)

the construction or erection of any Improvements;

(ii) the alteration, modification or addition to any Improvements; or

(iii) the undertaking of any works whatsoever (including earthworks),

without all necessary town planning approvals, building approvals and the written consent of the Trustee first having been obtained; and,

(b) submit such plans, specifications and provide such other information as the Trustee may require for its prior consent.

PART 8: RESERVATIONS

8.1 Right to enter to effect works

In addition to any other rights contained in this Trustee Lease, the Trustee expressly reserves the right and the Trustee Lessee must permit the Trustee's employees and Contractors at all times and upon reasonable notice to enter upon the Premises to undertake any work upon the Premises it thinks fit.

PART 9: LIABILITIES AND INDEMNITIES

9.1 Assumption of risk

The Trustee Lessee acknowledges and agrees that:

(a) the Trustee Lessee occupies and uses the Premises at the sole risk of the Trustee Lessee; and

(b) the Trustee is not in any circumstance liable to the Trustee Lessee for:



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FORM 20 Version 2 of 15

any loss or damage to any property of or in possession of the Trustee Lessee or its invitees in or on the Premises; or

(ii) any injury howsoever sustained by the Trustee Lessee or its invitees upon the Premises.

9.2 Release and Indemnity

Refer to clause 15 of the Mandatory Standard Terms Document.

9.3 Exclusion of warranties

The Trustee Lessee acknowledges that:

(a) no promise, representation, warranty or undertaking has been given by or on behalf of the Trustee with respect to the suitability of the Premises for any activity or use whatsoever; and

(b) to the full extent permitted by law, all warranties as to fitness, suitability and adequacy implied by law are expressly negatived.

PART 10: MORTGAGE, ASSIGN AND SUB-LETTING

10.1 Not to underlet, mortgage or assign

Refer to clause 11 of the Mandatory Standard Terms Document

PART11: INSURANCE

11.1 Public Risk Insurance


11.2 Other Insurance

The Trustee Lessee must insure and keep insured during the Term, the buildings and other Improvements constructed upon the Premises for their full replacement value with a Company approved of from time to time by the Trustee, against loss or damage (including damage by fire storm tempest and site reinstatement).

11.3 Use of Money Received for or in respect of insurance

All money which is recovered or received for or in respect of the insurance upon the damage or destruction of any buildings or other Improvements insured by the Trustee Lessee under clause 11.2, may at the Trustee's discretion be expended in the rebuilding or repair of the subject building or other Improvements.

11.4 Cancelation of Trustee Lease if improvements Damaged and considered unfit for use

If the Trustee, at its sole discretion, considers that the damage to the building or other Improvements is such that it is impractical or undesirable to make such building or other Improvement fit for use by the Trustee Lessee, the Trustee may cancel this Trustee Lease by giving thirty (30) days notice in writing to the Trustee Lessee.

QUEENSLAND LAND REGISTRY Land Title Act 1994, Land Act 1994 And Water Act 2000

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PART 12: DEFAULT BY TRUSTEE LESSEE

12.1 Trustee may rectify

In the event of the Trustee Lessee failing in the opinion of the Trustee to observe, perform, fulfil or keep any of the covenants, agreements, conditions, restrictions or provisos on its part contained and implied in this Trustee Lease including failure to perform work in accordance with any notice given by the Trustee to the Trustee Lessee:

(a) the Trustee may at its option and without prejudice to any other rights, remedies and powers which it may have, perform or cause to be performed such covenants, agreements, conditions, restrictions or provisos; and

(b) the Trustee Lessee must pay to the Trustee on demand, all costs, charges and expenses incurred by the Trustee pursuant to clause12.1(a), failing which the Trustee may recover same from the Trustee Lessee as a liquidated debt due and owing in any Court of competent jurisdiction.

12.2 Definition of Default

The Trustee Lessee is deemed to have made default in the following circumstances:

(a) if any money payable by the Trustee Lessee pursuant to this Trustee Lease has not been paid within 14 days of the making of demand for payment: or if other money payable by the Trustee Lessee to the Trustee has not been paid by the due date;

(b) if the Trustee Lessee fails to observe or fulfil any terms of this Trustee Lease (whether positive or negative) and such breach continues for a period of 14 days after the Trustee Lessee has been notified of the breach;

(c) the Trustee Lessee ceases to be incorporated under the Associations Incorporation Act 1981.

12.3 Trustee Lessee's Default

If and whenever in the opinion of the Trustee there is a breach by the Trustee Lessee of any of the terms or conditions of this Trustee Lease and the breach is capable of being redressed, then the Trustee may give a Default Notice to the Trustee Lessee requiring the breach to be redressed within a time considered reasonable by the Trustee having regard to the nature of the breach.

12.4 Cancellation of Trustee Lease

If:

(a) in the opinion of the Trustee there is breach by this Trustee Lessee of any of the terms or conditions of this Trustee Lease and the breach is not in the opinion of the Trustee able to be remedied; or

(b) the Trustee Lessee fails in the opinion of the Trustee to remedy the breach within the time specified in the Default Notice; or

(c) the Trustee Lessee abandons the Premises pursuant to clause 5.17,

the Trustee may cancel this Trustee Lease and re-enter the Premises by notice in writing to the Trustee Lessee but without prejudice to any claim which the Trustee may have against the Trustee Lessee in respect of any breach of this Trustee Lease



12.5 No right to Compensation

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If this Trustee Lease is cancelled, the Trustee Lessee has no right to claim any compensation whatsoever.

PART 13: EXPIRATION OF TERM OR SOONER CANCELLATION OF TRUSTEE LEASE

13.1 Trustee Lessee to yield up

At the expiration of the Term or sooner cancellation of this Trustee Lease:

(a) the Trustee Lessee must yield and deliver up to the Trustee vacant possession of the whole of the Premises; and

(b) subject to clauses 13.2 and 13.3, the Trustee Lessee is not be entitled to remove any Improvements of any kind or description from the Premises; and

(c) the Trustee Lessee is not be entitled to any compensation for any Improvements

13.2 Right to remove fittings

The Trustee Lessee may during the last fourteen (14) days of the Term, remove from the Premises all fittings, signs, names, advertisements or notices which have been erected or installed, painted, displayed, affixed or exhibited upon, to, or within the Premises by the Trustee Lessee, with the exception of any fittings which may have been purchased with money provided by the Trustee or which were constructed or installed to maintain any buildings or constructed or installed as part of any structural improvements, modifications, alterations or additions to any buildings, only if:

(a) the Trustee Lessee has duly paid the rental and duly observed, performed and fulfilled all the covenants, terms and conditions of its part pursuant to this Trustee Lease, and

(b) removal can be effected without causing any damage to the Premises.

13.3 Trustee Lessee to make good damage

The Trustee Lessee must make good any damage whatsoever caused to the Premises by the Trustee Lessee exercising its rights under clause 13.2.

13.4 Trustee Lessee's obligations to remove fittings and Stock-in-trade

The Trustee Lessee must, if required by the Trustee:

(a) remove from the Premises by the date of expiration or sooner cancellation of this Trustee Lease, any such fittings, signs and notices mentioned in Clause 13.2 and any stock-in-trade, goods, chattels or other property whatsoever of the Trustee Lessee or in which the Trustee Lessee has any right, title or interest on the Premises; and

) make good any damage whatsoever caused to the Premises by such removal, and

(c) re-alter any alterations made by the Trustee Lessee so that the Premises are converted back to their original condition.

13.5 Rights of Trustee if Trustee Lessee fails to remove fittings and Stock-In-in trade

The Trustee:

(a) may at any time upon the failure of the Trustee Lessee to comply with clause13.4:



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cause any property not removed, to be removed,

(ii) any such damage not made good, to be made good; or

(iii) any such alterations not so re-altered, to be re-altered; and

(b) recover the costs from the Trustee Lessee of undertaking any action under clause13.5(a), as a liquidated debt payable on demand in any court of competent jurisdiction.

13.6 Abandoned property

Any of the property mentioned in Clauses 13.2 and 13.4 not removed by the Trustee Lessee, either as of right, or, as required by the Trustee (the "Abandoned Property"):

(a) is deemed abandoned by the Trustee Lessee;

(b) becomes the property of the Trustee, and

(C) may be disposed of by the Trustee in any manner it thinks fit with the cost of repairing any damage caused by the removal of the Abandoned Property being payable by the Trustee Lessee,

PART 14: GOODS AND SERVICES TAX

14.1 All payments GST exclusive

All payments under this Trustee Lease are GST exclusive unless expressly stated otherwise.

14.2 Calculation of GST

If the Trustee is required to pay GST in respect of any Supply, the Trustee must calculate the GST by multiplying the consideration payable for the Supply the prevailing GST rate.

14.3 Trustee Lessee must pay GST

The Trustee Lessee, subject to the Trustee providing the Trustee Lessee with a Tax Invoice, must pay to the Trustee an equivalent to the GST at the time the Trustee Lessee is required to make the payment.

PART 15: NOTICES

15.1 Notices to be in writing

Any notice under this Trustee Lease must be in writing.

15.2 Service of Notices

Either Party may serve a notice to the other Party by:

(a) giving it to that Party personally;

(b) posting it to the Trustee's Address for Notices or the Trustee Lessee's Address for Notices (as the case may be); or



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(c) sending it to the party's facsimile number.

15.3 Deemed Service of Notices

A notice will be deemed to have been received as follows:

(a) If personally delivered, at the moment of delivery,

(b) if posted to an address in Australia, 3 Business Day after posting;

(c) if posted to an address outside Australia, 7 Business Days after posting;

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(d) if sent by facsimile transmission, at the time at which the transmission confirmation is received by the Sender.

PART 16: DISPUTE RESOLUTION

16.1 Notice of Dispute

If there s a dispute between the Parties arises out of or in connection with this Trustee Lease (except a dispute arising out of or in connection with Part 12), then either Party may deliver to the other Party a notice of dispute adequately identifying and providing details of the dispute.

16.2 Dispute Resolution

If a Party delivers a notice of dispute to the other Party under clause 16.1, the following procedure applies:

(a) within 14 days of a delivery of the notice, representatives of the Parties must meet and use reasonable endeavours acting in good faith to resolve the dispute by joint discussions;

(b) if the dispute is not resolved in accordance with clause 16.2(a), either party may refer the matter to a court of competent jurisdiction.

PART 17: GENERAL

17.1 Notification to the Trustee

The Trustee Lessee must notify the Trustee in writing of the following matters:-(a)

within fourteen (14) days of the Commencement Date, the name and address of the current Secretary of the Trustee Lessee;

(b) forthwith, of any proposal to temporarily or permanently cease to use the Premises;

(c) forthwith, of any material changes in the constitution, rules, articles of association or legal status of the Trustee Lessee;

(d) within fourteen (14) days of the Trustee Lessee's Annual General Meeting, of the contact details of each member of the Management Committee or executive as the case may be and any proposed fees and charges for use of the Premises;

(e) forthwith, of failure to renew the public liability insurance cover as required under the terms and conditions of this Lease,



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forthwith, of receipt by the Trustee Lessee of a Notice of Cancellation from its insurer in relation to such cover; and

(g) forthwith, of any other matters which affects the ability of the Trustee Lessee to comply with this Trustee Lease.

17.2 Power of Attorney


17.3 The Trustee's Consent

In considering any proposal required in this Trustee Lease to be submitted for the Trustee's consent, the Trustee may, in its absolute discretion:

(a) consent to such proposal;

(b) refuse to consent to such proposal; or,

(c) consent to such proposal subject to such conditions as the Trustee deems fit.

17.4 Revocation of Dedication of Whole or Part of Reserve

Refer to clause 20 of the Standard Terms Document.

17.5 Entire Understanding

This Trustee Lease:

(a) contains the entire agreement and understanding between the Parties on everything connected with the subject matter of this Trustee Lease; and

(b) supersedes any prior agreement or understanding on anything connected with that subject matter.

End of terms and conditions



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PLAN

FORM 20 Version 2

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LOCALITY PLAN NOT TO SCALE

GENERAL RIFORNATION

• LOT & PLAN NUOMBEFC LOT 4 0 FO1010

• P0414. • OP LAMM*

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LAYOUT PLAN SCALE 1:1000

(MERIDIAN RP613383)

LOT SS SP140371

LOT 49 FD1010

LEASE SCALE 1:250

" M T V PIP COON* OZNUN4 CANAL LEVEL DARK

-7110031 DMZ

A Noun, ADMININOP a SCALE AS SHOWN

ON PLAN.

S.

4GUICISTONE REGIONAL COUNCIL. CAUJOPE OFFICE S O N C o m m DPW Calm P.0.11.• C l i e r a t MON

GREETER DIPMASTRICT SUPPaS DATE

• • • • • • 4MIMm • • • • • • 140111111•1

LUSE 'A IN LOT 49 FD10110 S W I O f I MEETS

DRAPING AO.

1 1 4121)4P-001 A3 SHEET

I N A Y D . P . A . , Ns a n N o w a y emu.. A u T 0 3 , 0 1 4 . u-DEPAPAND P3E e a t P:OCONN P i t o * C D R u a N a l a t . M o o tare

OUEENSLAND LAND REGISTRY GENERAL CONSENT Land Title Act 1994, Land Act 1994 and Water Act 2000

FORM 18 Version 5 Page of 1 of 2

Lot on Plan Description County Parish Title Reference

Lot 49 on FD1010 Flinders Uxbridge 49014080

2. Instrument/document being consented to

Instrument/document type Trustee Lease A over part of Reserve 290 for Park, Recreation and Drainage purposes

Dated / /

Name of parties Gladstone Regional Council

and Agnes Water Surf Life Saving Club Inc.

3. Instrument/document under which consent required

Instrument/document type

Dealing No

Name of consenting party MINISTER FOR NATURAL RESOURCES, MINES AND ENERGY AND MINISTER FOR TRADE

4. Execution by consenting party

The party identified in item 3 consents to the registration of the instrument/document identified in item 2.

Witnessing officer must be aware of hls/her obligations under section 162 of the Land Title Act 1994

Approved pursuant to Section 57 of the Land Act 1994

Not required

... signature

' J o a n n a

Andrews Senior Land Officer

full name Delegate of the Minister for Natural Resources, Mines and Energy and Minister for Trade

ir) _C:)1 I as authorised under Land Act qualification / / (Ministerial) Delegation (No 1) 2010

Witnessing Officer Execution Date Consenting Party's Signature (Witnessing officer must be in accordance with Schedule 1 of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)

Privacy Statement Collection of this information is authorised by the Land Title Act 1994 the Land Act 1994 and the Wajer Act 2000 and is used to maintain the publicly searchable registers in the land registry and the water register. For more information about privacy in NR&W, see the department's website.

NOTE: Attached to this form must be a Land Registry Form 20 — Schedule, which outlines the conditions to which the Minister's Consent is subject.


Land Title Act 1994. Land Act 1994 and

Water Act 2000

SCHEDULE / ENLARGED PANEL / ADDITIONAL PAGE I DECLARATION

Title Reference 49014080 File Reference 2011/004138

Page of 2 of 2 FORM 20 Version

NOTE: Attached to this form must be a Land Registry Form 18 — General Consent which actually is authorisation of the Minister's Consent.

Form 7 — Trustee Lease. Registration fees.

Department of Employment, Economic Development and Innovation

www.fairtrading.old.gov.au

ABN 97 406 359 732

QUEENSIA1 Associations Incorporation Act 1981 Section 19

Incorporation Number: 1A11359

This is to certify that

A G E S WA'

y t i " C 1 LALIW-W

an Asst,..

' t SURF LIFE SAVING CLUB INC was, on and from the twelfth day of January 1993 incorporated under the Associations Incorporation Act 1981.

Dated this twenty—eighth day of July 2010

Delegate of Director—General

lease/su cipleas e form 7 version 6 gladstone regional...

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