Form 7 Lease/Sublease · Doc ID 979997 QUEENSLAND LAND REGISTRY LEASE/SUB LEASE FORM 7 Version 6....

Doc ID 979997

QUEENSLAND LAND REGISTRY LEASE/SUB LEASE FORM 7 Version 6 Land Title Act 1994, Land Act 1994 and Water Act 2000 Duty Imprint Page 1 of 37

Dealing Number OFFICE USE ONLY

Privacy Statement Collection of this information is authorised by the Land Title Act 1994 the Land Act 1994 and the Water 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 DNRM see the department’s website.

1. Lessor North Burnett Regional Council

Lodger (Name, address E-mail & phone number) Preston Law P.O. Box 707N Cairns QLD 4870 Email: [email protected] Ph: 07 4052 0700 Ref: 180926

Lodger Code 789

2. Lot on Plan Description Lot 8 on Crown Plan MPH 22516 Lot 9 on Crown Plan MPH 2022

Title Reference 18737205 18669142

3. Lessee Given names

Surname/Company name and number [TBC]

(include tenancy if more than one)

4. Interest being leased Fee Simple 5. Description of premises being leased

The whole of Lot 8 on Crown Plan MPH 22516 Lease A in Lot 9 on CPMPH 2022 on SP 306891

6. Term of lease Commencement date/event:[TBC] Expiry date: and/or Event: [TBC] #Options: Nil #Insert nil if no option or insert option period (eg 3 years or 2 x 3 years)

7. Rental/Consideration See attached Schedule

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; *the attached schedule and document no. ; * document no. ; *Option in registered Lease no. has not been exercised. * delete if not applicable

Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994 ....................................................................... signature ....................................................................... full name ....................................................................... qualification Witnessing Officer / /

Execution Date

North Burnett Regional Council ................................................................ Mayor ................................................................ Chief Executive Officer

Lessor's Signature (Witnessing officer must be in accordance with Schedule 1 of the Land Title Act 1994 eg Legal Practitioner, JP, C Dec)

9. Acceptance The Lessee accepts the lease and acknowledges the amount payable or other considerations for the lease. ....................................................................... signature ....................................................................... full name ....................................................................... qualification Witnessing Officer (Witnessing officer must be in accordance with Schedule 1 of the Land Title Act 1994 eg Legal Practitioner, JP, C Dec)

/ / Execution Date

................................................................

Lessee's Signature

QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2 Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 2 of 38

Title Reference [18737205 and 18669142]

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REFERENCE SCHEDULE

Item 1 Lessor

Item 2 Lessor’s Representative

North Burnett Regional Council

[TBC]

Item 3 Lessee [TBC]

Item 4 Premises Eidsvold Swimming Pool

28 Esplanade Street, Eidsvold

Item 5 Permitted Use The operation of the North Burnett Reginal Council Swimming Pool - Eidsvold and the delivery of the Services in accordance with the terms of this Lease, and no other purposes whatsoever

Item 6 Term Options

[TBC] years

Nil

Item 7 Commencement Date

[Insert]

Item 8 Expiry Date

30 April 2022

Item 9 Management Fee

$[TBC] in the first year of the Term (inclusive of any GST)

Item 10 Public liability insurance

$20 million

Item 11 Minimum Opening Hours

AM PM USE

Monday [TBC] Tuesday

Wednesday Thursday

Friday Saturday Sunday

These times only apply during the Swimming Season

Item 12 Guarantor [Insert if applicable – see Annexure A]



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Item 13 Lessor’s address for service

Address for Hand Delivery

Council Chambers, 34-36 Capper Street, Gayndah QLD 4625 Postal Address

PO Box 390, Gayndah QLD 4625 Email Address:

[email protected]

Item 14 Lessee’s address for service

Address for Hand Delivery

[TBC]

Postal Address

[TBC]

Email Address:

[TBC]

INTRODUCTORY PROVISIONS

1. DEFINITIONS AND INTERPRETATION

In this Lease:

1.1 ASCTA means Australian Swimming Coaches and Teachers Association.

1.2 Blue Card means a working with children check and clearance obtained under the Working with Children (Risk Management & Screening) Act 2000, known under that Act as a blue card;

1.3 Breach Notice means a notice given under clause 20(a) of this Lease;

1.4 Business Day means any day that is not a Saturday, Sunday, gazetted public holiday or Bank holiday in Eidsvold or Gayndah.

1.5 Commencement Date means that date specified in the Reference Schedule.

1.6 Confidential Information means information and material (whether oral, in writing or electronic) relating to the Lessor (and any entity connected with the Lessor by an interest in a common economic enterprise, including (but not limited to) a Related Body Corporate), that is not publicly available (other than by breach of this Lease), including trade secrets; the Management Fee; the terms and conditions of this Lease; strategic, corporate and financial information; material and information relating to the methods of operation of the business; material and information relating to any customers utilising the North Burnett Regional Council Swimming Pool - Eidsvold; material and information relating to suppliers; sales and pricing information; marketing and business plans; software and hardware; programming information and data; Intellectual Property; and other information which is by its nature confidential.

mailto:[email protected]



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1.7 Consumer Price Index Number in relation to a quarter means the number for that quarter appearing in the Consumer Price Index (All Groups Index) for Brisbane published by the Australian Statistician of the Australian Bureau of Statistics. In the event that such index be discontinued or abolished the Trustee may at its absolute discretion nominate another Index.

If the reference base for the Consumer Price Index is changed regard shall be had only to Index numbers published in terms of the new reference base or to Index numbers converted to the new reference base in accordance with an arithmetical conversion factor specified by the Australian Statistician.

1.8 Default Interest Rate means the rate of 10% per annum,

1.9 Expiry Date means the date specified in the Reference Schedule as the Expiry Date.

1.10 GST means the goods and services tax payable under the GST Legislation.

1.11 GST Legislation means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related legislation passed by the Federal Government.

1.12 Guarantor means the person, if any, named in the Reference Schedule as the Guarantor.

1.13 Land means the land specified in Item 2 of the Form 7.

1.14 Lessee means the person named as the Lessee in the Reference Schedule. A reference in any part of this Lease to the Lessee includes a reference to the Lessee's employees and agents engaged to deliver Services or engaged in connection with the Services. The Lessee is wholly responsible for ensuring its employees, Lessees and agents are aware of the Lessee's obligations under this Lease and for ensuring that those persons comply in all respects with the terms set out in this Lease.

1.15 Lessor means North Burnett Regional Council, a party to this Lease.

1.16 Lessor’s Property means all appurtenances, plant, equipment fittings, fixtures, furniture, furnishings, signs and other property and improvements or alterations thereto and any other personal property (as that term is defined in the PPSA) provided by the Lessor to the Lessee under this Lease at any time.

1.17 Lessor’s Representative is the person(s) specified in the Reference Schedule as the Lessor’s Representative.

1.18 Lessor Standards means the behavioural and conduct standards and any changes to those set by the Lessor and notified to the Lessee

1.19 Maintenance Schedule means the document contained in Annexure B of this Lease, which records all repair, maintenance and asset management responsibilities of the parties.

1.20 Management Fee means the amount specified in the Reference Schedule. The Management Fee is inclusive of all expenses, costs, charges and taxes of the Lessee in providing the Services and otherwise discharging the Lessee’s obligations under this Lease. The Lessor shall not be liable to pay the Lessee any amount whatsoever in excess of the Management Fee (irrespective of whether the Lessee’s expenses exceed their anticipated expenses to provide the Services and generally perform their obligations under the Lease).

1.21 Minimum Opening Hours means those hours specified as the Minimum Opening Hours in the Reference Schedule.

1.22 North Burnett Regional Council Swimming Pool - Eidsvold includes all buildings and amenities on the Land, including:

(i) 25 m x 14 m outdoor pool;

(ii) toddlers pool;

(iii) the kiosk;

(iv) change rooms;

(v) covered seating;

(vi) filtration room;

(vii) club house;

(viii) all exterior parts of the Land within the Premises.



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1.23 Patron Fees means public pool entry fees, private hire rates, seasonal passes, swimming club seasonal fees and school swimming seasonal fees set annually and adopted by the Lessor.

1.24 Permitted Use means those purposes which are specified in the Reference Schedule as the Permitted Use.

1.25 Person includes any natural person, company, partnership, association, trust, business, or other Lessor or entity of any description and a Person's legal personal representative(s), successors, assigns or substitutes.

1.26 PPSA means the Personal Property Securities Act 2009 (Cth) and its regulations as amended and in force from time to time;

1.27 Premises means the area specified in Item 5 of the Form 7, and includes the North Burnett Regional Council Swimming Pool - Eidsvold and any of the Lessor’s Property, and any additions and improvements, equipment, pipe, pole, wire, cable and apparatus situated on the Premises.

1.28 Reference Schedule means the table headed ‘Reference Schedule’, before Clause 1 of this Lease.

1.29 Related Body Corporate has the same meaning as it has in the Corporations Act 2001 (Cth).

1.30 Rent means the amount of $1.00 per annum, payable on demand.

1.31 RLSSA means the Royal Life Saving Society of Australia.

1.32 Services means:

(i) ensuring the North Burnett Regional Council Swimming Pool - Eidsvold is fully functional for use by the public for at least the Minimum Opening Hours;

(ii) without limiting the generality of the preceding subclause, operating the North Burnett Regional Council Swimming Pool - Eidsvold in accordance with the Swimming Pool Operational Plan;

(iii) otherwise complying with and performing its obligations in accordance with, the terms of this Lease.

1.33 Swimming Pool Operational Plan means the document prepared in accordance with this Lease.

1.34 Swimming Season means the twentieth day in September to the last day in April in the following year (inclusive). These starting and finishing dates may be varied by up to fourteen (14) days’ at the discretion and direction of the Trustee. In the event that such variation is made, the Trustee Lessee will be given fourteen (14) days’ notice of any change to the starting or finishing date of the Swimming Season.

1.35 Term means the term of this Lease, commencing on the Commencement Date and ending on the Expiry Date (unless earlier terminated).

2. TERM This Lease will start on the Commencement Date and will continue until the Expiry Date, unless terminated earlier in accordance with this Lease.

RENT, MANAGEMENT FEES, PATRON FEES AND UTILITIES

3. RENT

The Lessee shall pay the Rent to the Lessor annually in advance, upon demand.

4. MANAGEMENT FEES 4.1 Payment of Management Fee

(a) The Management Fee shall be paid in arrears in equal fortnightly instalments. (b) The Lessee must provide the Lessor with a tax invoice for payment.



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(c) The Lessor shall pay to the Lessee the invoiced amount within 30 days of the receipt of a valid tax invoice.

(d) Any payment is not evidence of any value or an admission of liability or that the Service is satisfactory but is a payment on account only; nor shall it amount to a waiver of any right or action, which the Lessor may have at any time against the Lessee.

4.2 Adjustment of Management Fee (a) On each yearly anniversary of the Commencement Date the Management Fee will be adjusted in

accordance with the following formula:

where: R represents the Management Fee following adjustment under this clause; B represents the Management Fee before adjustment under this clause; C represents the Consumer Price Index Number for the last quarter for which such a number was published

before the due date; and D represents the Consumer Price Index Number for the last quarter of the last adjustment of the

Management Fee for which such a number was published.

(b) Any Management Fee adjusted under this clause must be adjusted to the nearest whole dollar.

5. PATRON FEES 5.1 Collection and Retention of Patron Fees

(a) The Lessor has the responsibility for setting the Patron Fees.

(b) The Lessee must collect the Patron Fees from each patron seeking to enter any part of the Premises complex (including, without limitation, where a patron is merely a spectator). The Lessee may retain the proceeds of Patron Fees collected from patrons.

(c) Activities which are not the subject of a Patron Fee set by the Lessor may be delivered for a fee set by the Lessee.

(d) Notwithstanding the above, the Lessee is permitted to negotiate and set an appropriate fee structure for the use of the Premises by any swimming clubs that regularly use the Premises, provided that the fee structure agreed does not exceed the Patron Fees set by the Trustee pursuant to subclause (a) of this clause.

6. UTILITIES (a) The Lessee will pay for all expenses in relation to telecommunications and internet access.

(b) The Lessor will pay for:

(i) all expenses in relation to water sanitisation and treatment, water, sewage, electricity, gas and kerbside waste.

(ii) all rates and land tax relating to the Premises, if applicable and insurance of the Lessor’s assets.

(c) The Lessor will not consider any claim for loss of income as a result of any loss or disruption of the utility services, whether or not that disruption is through the fault of the Lessor.

USE OF THE PREMISES

R B CD

= ×



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7. USE OF PREMISES 7.1 General Provisions

(a) The Lessee must use the Premises for the Permitted Use and in accordance with the Swimming Pool Operational Plan.

(b) The Lessee will ensure that the Services are performed with due care, skill and diligence in a professional manner by a sufficient number of appropriately qualified persons and to the Lessor’s reasonable satisfaction.

(c) The Lessee must ensure the Premises is kept open for use and access by the public for the Minimum Opening Hours.

(d) Any variation of the Minimum Opening Hours requires consultation with Lessor’s Representative, and the provision of no less than one (1) month’s notice, published prominently on the North Burnett Regional Council Swimming Pool - Eidsvold notice board or at the front desk of the North Burnett Regional Council Swimming Pool - Eidsvold. The Lessee may increase the Minimum Opening Hours on a daily operational basis on an as needs basis, for example because of large events, hot weather or high patronage, squad training or club training / competition requirements.

7.2 Uses Not Permitted (a) The Lessee must not use or permit to be used the Premises or any part thereof for any purpose or in any

manner or permit to be done any act or thing: (i) which is inconsistent with the Permitted Use;

(ii) of an illegal, immoral, noxious, offensive or improper nature; (iii) likely to damage or be injurious to the business or the Premises or any equipment or furniture

contained therein; (iv) injurious to the reputation of the Premises or the Lessor; (v) which, in the reasonable opinion of Lessor, may cause, or be reasonably likely to cause, a nuisance

or annoyance to occupiers or owners of adjoining premises, to users of the Premises, or to the community generally;

(vi) that may be contrary to law; and (vii) that may be contrary to the directions of any statutory health authority or like authority in relation to

the food preparation and storage areas. (b) The Lessee must ensure that any patrons of the Premises (whether those patrons are swimming or non-

swimming, or paying or non-paying) must adhere to the Lessor Standards. (c) The Lessee acknowledges and agrees to apply and implement the Lessor Standards, including any

exclusion policies for patrons who contravene the Lessor Standards. Where the Lessee is unsure about how to apply or implement any Lessor Standard, the Lessee must seek direction from the Lessor and must follow any reasonable direction given by the Lessor about how to apply or implement the Lessor Standard.

(d) The Lessor shall provide the following equipment for use by the Lessee to perform their duties: (i) All safety equipment requirements to meet the RLSSA Regulations for the safe operation of the

Premises;

(ii) All chemical and equipment required to maintain pool water quality.

(a) The Lessee must ensure that all equipment and Premises are available for use by the customers are in good working order for their intended use.

(b) The Lessee will be required to commence duties fourteen (14) days prior to the opening date to ensure the Premises and surrounds are in a satisfactory state for opening.

(c) The Lessee accepts all equipment and assets provided by the Lessee in an as is where is condition. Unless specified elsewhere in this Lease the Lessor is not required to carry out any upgrades to the Premises, including any property.



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(d) The Lessee must not part with possession with any item of the Lessor’s Property without the prior written consent of the Lessor’s Representative (which may be given or withheld in Lessor’s Representative’s absolute discretion).

7.3 Security of Premises (a) The Lessee will be responsible for control, monitoring and security of the Premises whilst being operated

by the Lessee. (b) The Lessor is responsible, at their discretion, for maintaining, replacing or removing any existing security

infrastructure. (c) The Lessee must immediately notify the Lessor’s Representative of any discovered breaches of security,

in the manner required by the Lessor. (d) Outside of the operating hours within the Swimming Season, the Lessee will be responsible for addressing

security breaches and damage and taking any remedial action. (e) If a security breach or damage occurs as a result of the Lessee not securing the Premises the Lessee will

be responsible for all loss or damage associated with or incidental to the security breach or damage. The Lessor will deduct any such costs from any monies owing to the Lessee or, if there are no monies owing to the Lessee, it will become a debt owed by the Lessee to Lessor.

7.4 Site Alterations (a) The Lessee must not, without the prior written consent of the Lessor (which may be given or withheld in

Lessor’s absolute discretion):

(i) erect or make any partitions, fixtures or fittings or make or cause or permit to be made any alteration to the Premises or any part thereof;

(ii) alter or change the lock and key system and other security systems;

(iii) alter, add to or in any way interfere with the electricity, gas, water, sewerage or other service in or to the Premises or any pipe, tap, wire, meter, switchboard or other appliances or things connected with any such services.

(iv) make any improvements to the Premises.

(b) Any alterations or additions which are approved by the Lessor must be carried out in accordance with the approved plans and specifications, and by a Lessor approved provider, and may be subject to whatever conditions the Lessor, in its absolute discretion, considers appropriate.

7.5 Rectification Where No Approval Obtained If any alterations or additions which require approval are undertaken without that approval, then: (a) the Lessee must bear all liability for any such alterations or additions, including without limitation,

completing the alterations or additions to the standard required by the Lessor and any cost associated with the alteration or addition;

(b) the Lessor may, in its absolute discretion, require the alteration or addition to be removed and the Premises restored, with all costs associated with such removal and restoration wholly borne by the Lessee.

7.6 Keys and Access Passes (a) The Lessee acknowledges that the Lessor shall issue any keys or access passes to the Premises. (b) The Lessee must ensure that:

(i) no person, issued with any keys or access passes, use them for any purpose other than the provision of the Services;

(ii) no copies are made of the keys and access passes; and (iii) all keys and access passes are returned to the Lessor at the end of the Term.

7.7 Inclement Weather



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During, or if the Lessee identifies the imminent risk of, inclement weather that may involve lightning, the Lessee must ensure that all patrons are removed from any exterior parts of the Premises, and are prevented from re-entering the Premises until the Lessee considers the inclement weather or risk of inclement weather has passed.

8. REPAIR, MAINTENANCE AND ASSET MANAGEMENT 8.1 Repair, Maintenance and Asset Management by Lessee

(a) The Lessee must:

(i) carry out and assume responsibility for all repair, maintenance and asset management activities at the Premises in accordance with the Maintenance Schedule. Where there is any doubt about whether the Maintenance Schedule covers a particular type of repair, maintenance and asset management activity, or if the Maintenance Schedule does not specify which party is responsible for the repair, maintenance and asset management activity, the Lessee is responsible for carrying out that activity;

(ii) remove or make safe, and inform patrons of broken or damaged equipment as soon as it is reported; and

(iii) monitor the trees within the boundaries of Premises managed under this Lease and report any problems, hazards or maintenance issues to the Lessor’s Representative within 24 hours.

(b) Where any part of the Maintenance Schedule lacks clarity or is incomplete as to how the repair, maintenance or asset management activity is to be performed, the Lessee must perform that activity in accordance with any industry standard, and at the direction of the Lessor.

(c) Any actions required to be performed by Lessor to discharge obligations in accordance with the Maintenance Schedule shall be at the Lessee’s cost. Where the Lessee does not discharge responsibilities in accordance with the Maintenance Schedule to the reasonable satisfaction of the Lessor, the Lessor may, in its absolute discretion, carry out the work, or further or alternatively, deduct or set off any such costs from any monies owing to the Lessee (or, if there are no monies owing to the Lessee, it will become a debt owed by the Lessee to Lessor).

(d) All repairs, maintenance and asset management activities must be carried out by relevant and accredited qualified contractors or staff in their respective field of expertise.

(e) All materials used by the Lessee for repairs, maintenance and asset management activities must, unless otherwise agreed by the Lessor:

(i) be new and as far as possible similar to that of existing materials; and

(ii) be of a standard not less than that approved under Australian Standards or which are otherwise to the highest industry standard.

8.2 Repair, Maintenance and Asset Management by Lessor (a) For any repairs, maintenance and asset management that is stated to be the Lessor’s responsibility in the

Maintenance Schedule, the Lessee acknowledges and agrees that it is responsible for identifying the need for repairs, maintenance and asset management, and for notifying the Lessor in accordance with this clause.

(b) The Lessee must notify the Lessor of the need for necessary repair, maintenance or asset management (“Work”). Such notification must include:

(i) a brief description of the request;

(ii) the priority level of the request; and

(iii) the contact details of the Lessee's nominated representative in relation to the request where appropriate.

(c) In the case of emergencies outside of normal business hours, the Lessee must notify the Lessor’s Representative prior to taking any action.

(d) The Lessor’s Representative must notify the Lessee's nominated representative of the action to be undertaken in relation to the request. This notification must include:



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(i) the role of the Lessee in the Work;

(ii) the party who will be undertaking the Work, and their contact details if required;

(iii) the period within which Work will be completed; and

(iv) any period that any plant, equipment or asset is decommissioned or unoperational.

(e) The role of the Lessee in the Work may include:

(i) liaising with the party undertaking the Work;

(ii) liaising with the Lessor or their Lessor’s Representative, regarding the Work;

(iii) notifying the Lessor of the completion of the Work.

(f) The Lessor must provide an initial response within two (2) business days to the Lessee's requests issued under this clause.

(g) The Lessee must not undertake, or appoint any subcontractor to undertake, any Work without the prior approval of the Lessor; and

(h) Any item that is repaired, maintained or replaced by the Lessee/s, without the Lessor’s prior approval, must be repaired, maintained or replaced by the Lessee at no cost to Lessor.

(i) The Lessee acknowledges and agrees that if any Work is required, and that Work is made more costly because of some delay by the Lessee to notify the Lessor of the need for the Work pursuant to subclause (a), then the Lessee shall wholly bear the difference in cost between the Work completed and what the Work would have cost had the Lessor been promptly notified in accordance with subclause (a).

8.3 Records The Lessee must keep accurate, up to date records of any repairs and maintenance undertaken at the Premises, and must provide such records, for inspection by the Lessor on request.

DELIVERY OF SERVICES

9. DELIVERY OF SERVICES – GENERAL PROVISIONS 9.1 Swimming Pool Operational Plan

(a) The Lessee shall develop a Swimming Pool Operational Plan for each Swimming Season for the Term.

(b) The Swimming Pool Operational Plan is to be submitted to Lessor no earlier than 1 May, and no later than 31 May, each year, for the upcoming Swimming Season, for review and consideration by the Lessor.

(c) The Lessor reserves the right to provide comments on, and require changes to, the Swimming Pool Operational Plan. The Lessee must adopt and implement any changes reasonably required.

(d) Once the Swimming Pool Operational Plan has been finalised between the Lessor and the Lessee, the Lessee must maintain and operate the Premises in accordance with the Swimming Pool Operational Plan.

(e) As a minimum the Swimming Pool Operational Plan should include the following

(i) details of an operating budget;

(ii) programs and services;

(iii) specific swimming pool marketing campaigns;

(iv) staffing qualification requirements;

(v) staffing level (and indicate at what number of patrons additional staff if required);

(vi) emergency procedures;



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(vii) incident and reporting procedures;

(viii) required signs and the placement of same;

(ix) list of safety/rescue equipment available to the life guard and public at each swimming pool;

(x) Sun Smart Policy;

(xi) Change Room Policy;

(xii) any specific matters which are stated in any part of this Lease as being a matter that is to be included in the Swimming Pool Operational Plan.

(f) Failure to adhere to, or breach of, a provision of the Swimming Pool Operational Plan shall be taken to be a breach of this Lease.

9.2 Instructions and Compliance (a) The Lessee will comply with all reasonable guidelines, requirements and instructions provided by the

Lessor concerning the provision of the Services. However, it is the Lessee’s obligation to determine how the work is performed, and the Lessee has full responsibility for the supervision and daily direction and control of any persons engaged to deliver the Services.

(b) The Lessee will comply with all applicable laws and industry standards concerning the provision of the Services, as well as any policies and procedures issued by the Lessor, including but not limited to, laws and policies relating to Work Health and Safety, discrimination and harassment, security, privacy and use of the Lessor’s facilities, including computing and related systems.

(c) The Lessee will maintain all licences and approvals required at Law to carry on the Services from the Premises.

(d) The Lessee must have regard to the following. This clause does not exclude any other guidelines, publications or legislation the Lessee may have or be required to have regard to or comply with:

(i) RLSSA Guidelines for Safe Pool Operations;

(ii) RLSSA Guidelines for Safe Aquatic Venues;

(iii) Public Health Act 2005 (Qld);

(iv) Swimming Pool and Spa Pool Water Quality and Operational Guidelines.

9.3 Responsibility for employees, contractors or agents (a) Nothing in this Lease shall constitute or be construed to create a partnership or joint venture between the

Lessor and the Lessee. All debts and liabilities to third persons incurred by the Lessee in the course of the Lessee's use of the Premises shall be the debts and liabilities solely of the Lessee and the Lessor shall not be liable for any such debts and liabilities by reason of this Lease.

(b) Each employee engaged by the Lessee shall be an employee of the Lessee and every person performing services in connection with this Lease, including any agent or employee of the Lessee shall be acting as the agent of the Lessee.

9.4 Provision of Equipment and Consumables The Lessee is required to supply all equipment and consumables necessary to provide the Services. The Lessee is also required to ensure such equipment is suitable, safe, and maintained in good working order.

9.5 Meetings and Reporting (a) Meetings

(i) The parties shall hold meetings as required, or at any other such frequency determined by the Lessor from time to time, for the purpose of reviewing and reporting on performance, enhancing the partnership, reporting and discussing the previous month’s performance including without limitation:

A the Lessee’s delivery of, and compliance with, the Lease;

B performance against the Swimming Pool Operational Plan; and

C any such other matters determined by the Lessor.



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(ii) The meetings referred to in subclause (a) shall be attended by:

A the Lessor’s Representative, or other invitees of the Lessor;

B the Lessee.

(iii) The Lessor’s Representative (or another nominated invitee of the Lessor) will chair the meetings, and the Lessor will be responsible for the administration of the agenda and minutes of these meetings.

(iv) In preparation for these meetings, the Lessee is required to submit information detailing the previous months’ achievements against the Swimming Pool Operational Plan.

(v) The report must be submitted on an agreed template (or if no template is agreed, on the Lessee’s own template).

(b) Pre- and Post-Swimming Season Meetings (i) On a date no later than four (4) weeks before the commencement of, and after the end of, each

Swimming Season, the Lessor shall schedule a meeting with the Lessee to discuss aspects of the current Swimming Pool Operational Plan.

(ii) The Lessee must attend any meeting organised by the Lessor pursuant to this clause. (c) Record Keeping

The Lessee must keep proper records of all matters relating to the Services (including information stored by computer and other devices) using the standard reporting template provided by Lessor (or if the Lessor has not provided a template, the Lessee’s own template). These records should include, but are not limited to, records of memberships, attendances, programs, bookings, accounts, revenues and any point of sales records in relation to the operation of the North Burnett Regional Council Swimming Pool - Eidsvold, as well as any other records or information that Lessor reasonably requests or requires the Lessee to provide.

The Lessor reserves the right to inspect any aspect of the Service or records which are required to be kept by the Lessee under this Lease, either at the Premises or the Lessee’s business premises, with or without prior notice.

Any inspections by the Lessor shall not relieve the Lessee of any of its obligations under the Lease.

(d) Annual Report (i) At the end of each financial year (30 June), the Lessee is required to review its performance against

the Swimming Pool Operational Plan and provide an Annual Report to Lessor by 31 July of each year.

(ii) The contents of the Annual Report must contain all items covered in the Swimming Pool Operational Plan and must summarise and analyse all targets produced as part of the reporting process.

(iii) The Annual Report will detail the Lessee’s performance for the preceding financial year. The report should include, but is not limited to, financial performance, attendance, customer service, marketing, maintenance, programming and other requirements identified in this Lease.

(iv) The Lessor may request that the Lessee provides additional information to supplement the Annual Report, and any additional information must be provided by the Lessee as soon as practicable after its request.

(e) Use of Information The Lessor may disclose information received or gathered as part of the reporting requirements of the Lessee, or as part of the auditing requirements of this Lease, to other parties, at Lessor’s discretion. The information may include, but is not limited to, financial information related to the onsite costs of running the North Burnett Regional Council Swimming Pool – Eidsvold and the income received from all sources, patronage/usage, memberships, programs/activities provided and similar.

10. KEY PERFORMANCE INDICATORS 10.1 Objectives and Key Performance Indicators

(a) General Objectives



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(i) The overall objective of the Premises is to provide recreation opportunities in support of community leisure needs, health and wellbeing. Program delivery objectives are as follows:

A Responsiveness - Recognise and respond to localised community recreation and leisure needs by monitoring and managing appropriate standards of safety, cleanliness, and usability of Lessor’s Premises. Aim to provide fair and equitable resolution and mediation regarding utilisation issues of Lessor’s Premises and demonstrate consistent improvement of participation levels over the term of the Lease; and

B Accessibility - Ensure affordability of user pay fees and charges with consideration to all community user groups. Provide a range of accessible programs. Aim to provide a venue for specific events for all diverse community groups.

(ii) The Lessee is encouraged to target new markets and consider improved service delivery arrangements where they are appropriate and consistent with the objectives of Lessor, cost efficiency and service effectiveness.

(b) Key Performance Indicators (i) Within one (1) month of the Commencement Date, the Lessee and Lessor agree to develop Key

Performance Indicators for the Lessee to follow at agreed intervals during the Term.

(ii) The Key Performance Indicators, once agreed by the parties, shall form part of this Lease. Any breach of the Key Performance Indicators shall be taken to be a breach of this Lease.

(iii) The Key Performance Indicators are in addition to, and do not derogate from, the other terms of this Lease. Where there is any inconsistency between the terms of this Lease and the Key Performance Indicators, the terms of this Lease shall prevail.

(iv) The Key Performance Indicators will include, but are not limited to the, following minimum standards:

A Program diversity – including a balanced mix of leisure, sport and social activities;

B Community Participation and Involvement – promotion and encouragement of participation in leisure based activities, including by community groups who do not readily associate themselves with swimming pools;

C Standards of Operation – including customer service standards, plant and equipment maintenance, program and service delivery and development, supervision and public safety;

D Customer and the Community – demonstration of an understanding of the local community, community surveys, measurement and management of customer complaints and feedback and wellbeing;

E Quality Management and Operational System – compliance, record keeping, environmental sustainability, water quality and information technology.

11. KIOSK 11.1 Kiosk Operations

(a) The kiosk must remain open for the Minimum Opening Hours.

(b) The Lessee shall manage the kiosk at the North Burnett Regional Council Swimming Pool - Eidsvold as a commercial business. Without limiting the generality of this provision, the Lessee shall be responsible for all employment, procurement, accounting, food preparation and housekeeping.

(c) The sale of tobacco products and alcohol from the Kiosk is prohibited.

(d) The Lessee shall be entitled to retain any profit associated with the operation of the kiosk.

(e) The Lessee shall not be entitled to claim any reimbursement or damages from the Lessor in the event the kiosk operates at a loss.

11.2 Kiosk Reports The Lessee shall include the gross sales in the audited financial reports to Lessor’s Representative to be divided up as total gross Kiosk sales of food and drinks.



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11.3 Kiosk Fittings and Equipment (a) No showcases, equipment, floor coverings, refrigeration plant or fittings will be provided by the Lessor.

(b) The Lessee shall, at its own expense, supply and install all fittings, fixtures, plant and equipment necessary for the conduct of the Kiosk. All fittings, fixtures, plant and equipment must comply with any statutory requirements/approvals and adequately meet the demands of patrons of the North Burnett Regional Council Swimming Pool - Eidsvold.

(c) The Lessee must at its own cost maintain or repair or replace all fittings, fixtures, plant and equipment.

(d) At the cessation of the Lease the Lessee shall, at its own expense, remove all fittings, fixtures, plant and equipment installed by the Lessee and shall be responsible for the reinstatement of any portion of the Kiosk which may be damaged in the process of removal of such fittings.

(e) If Property is at the Kiosk at the Commencement Date, including, but not limited to those items mentioned in sub clause (a) of this clause, then, as soon as reasonably practicable after this Lease has been entered into by the parties the Lessor will provide the Lessee with a list of the items of Lessor Property that are present at the Kiosk.

(f) Title to any Lessor Property does not pass to the Lessee at the termination of this Lease or otherwise.

(g) The Lessee must not remove the Lessor’s Property from the Premises and must maintain the Lessor’s Property in good and clean condition and undertake maintenance and repairs as required.

(h) The Lessor does not warrant the condition of Lessor’s Property at the Kiosk. The Lessee uses the Lessor’s Property at its own risk and indemnifies the Lessor from any loss or damage suffered as a result of the use of the Lessor’s Property.

11.4 Compliance (a) The Lessee will be required to ensure that at all times the use and occupation of the kiosk complies with

the requirements of the Food Act 2003 (Qld), the Food Regulation 2016 (Qld) and the Australia New Zealand Food Standards Code – ‘Standard 3.2.2 - Food Safety Practices & General Requirements’.

(b) In the case of any requirements not being met, the Lessee must agree to undertake a course of corrective action within specified timelines to be discussed and decided upon, in consultation with the Lessor’s Representative to remedy the situation.

(c) If the situation is not remedied to the satisfaction of the Lessor and other relevant authorities, Lessor reserves the right to:

(i) vary the Lease to exclude the operation of kiosk (in which case the Lessee must take any steps reasonably required by the Lessor to give effect to the amendment, including without limitation, by executing a Form 13 Amendment); or

(ii) appoint another Lessee to run the kiosk (in which case the Lessee must take any steps reasonably required by the Lessor to give effect to the appointment, including without limitation, by executing a Form 13 Amendment); or

(iii) terminate the Lease, upon provision of no less than one (1) month’s written notice.

(d) The Lessee shall secure and pay for all licenses and permits necessary for the operation of the kiosks.

12. RISK MANAGEMENT The Lessee must:

(a) develop a risk assessment for the North Burnett Regional Council Swimming Pool - Eidsvold, and develop an initial risk management plan that addresses all foreseeable risks as part of the Swimming Pool Operational Plan;

(b) update any risk assessment and risk management plan in accordance with the Risk Management AS/NZS ISO 31000-2009 - Standards Australia, annually;

(c) review emergency evacuation procedures at the Premises on an annual basis to ensure that a comprehensive procedure is developed and communicated to all permanent and casual staff engaged at



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the Premises. These procedures should be communicated and displayed to all patrons and the general public visiting the facilities.

13. HUMAN RESOURCE MANAGEMENT 13.1 Staffing Qualifications

(a) The Lessee and responsible staff must:

(i) hold an RLSSA Pool Lifeguard Licence or equivalent (updated annually) consisting of RLSSA Bronze Medallion, WorkCover Queensland-approved First Aid training (updated every 3 years) and RLSSA Oxygen Equipment or equivalent competencies from a training provider registered as a Registered Training Organisation.

(ii) hold a Pool Operators Certificate or equivalent (if dealing with plant operation);

(iii) a Blue Card.

(b) Records of all staff qualifications and currency are to be provided to Lessor before 30 June each year and be open for inspection by the Lessor as and when required

(c) At the commencement of the Lease, the Lessee shall carry out a Police Criminal Records Check and ‘Working with Children’ clearance on all employees.

(d) The Lessee shall provide initial theoretical and practical instruction to all employees and responsible persons in the nature of first aid facilities in the work place, the location of first aid kits, the availability of trained first aiders and procedures to be followed when first aid is required when:

(i) an employee is first employed; and

(ii) there is a change in the nature and type of duties performed; and

(iii) thereafter at regular intervals.

(e) If the Lessee is to allow coaching, training or similar the Lessee must ensure that the personnel providing such coaching, training or similar have the required/necessary and approved qualifications in accordance with the requirements of RLSSA Guidelines for Safe Pool Operation – Queensland Health Swimming and Spa Pool Water Quality and Operational Guidelines (October 2004).

(f) Where applicable the Lessee will comply with the supervision requirements of Queensland Health Swimming and Spa Pool Water Quality and Operational Guidelines (October 2004).

13.2 Standard of Dress/Uniform and Staff Identification (a) The Lessee shall ensure that all persons employed in the performance of the Services shall at all times be

properly attired and presentable in appropriately identifiable uniforms or clothing for the area they are working in.

(b) The Lessee must ensure that the uniforms comply with the following minimum standards:

(i) Staff name clearly displayed;

(ii) Business name clearly displayed (if any);

(iii) Collared, long sleeved shirts are preferred;

(iv) Life guards are expected to wear RLSSA identifiable clothing while on duty at the Premises. RLSSA identifiable clothing is to be worn by all staff at all times in times of high patronage.

(c) The Lessee’s staff may not consume alcohol or smoke while in uniform while present at the Premises (whether or not in view of any patrons).

14. MARKETING MANAGEMENT 14.1 Sponsorship

The Lessee is permitted to obtain sponsorship to assist in the delivery of the Services subject to the following:



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(a) all gross proceeds from all sponsorship must be identified separately in the any reports prepared by the Lessee pursuant to this Lease;

(b) no commitment with sponsors is to extend beyond the Expiry Date; and

(c) sponsors are required to be approved by the Lessor prior to acceptance of offer or engagement.

14.2 Branding The Lessee is responsible for ensuring that the brand image communicated to the community is consistent across the centres for all services, programs, activities, communications and events.

14.3 Public Statements and the Media (a) The Lessee shall not comment to the media on behalf of Lessor nor make any statements on matters

relating to the Lessor or its operations, including but not limited to statements verbally or published on a social media platform.

(b) Lessor shall be provided with a copy of any media releases or public notices issued by the Lessee.

(c) The Lessee shall communicate with Lessor immediately of any issues which may result in the closure of the North Burnett Regional Council Swimming Pool - Eidsvold or a major disruption of any aspect of the Service.

RIGHTS OF LESSOR

15. RIGHTS OF LESSOR

(a) Without limiting any other rights the Lessor has expressed elsewhere in this Lease, the parties acknowledge and agree that the Lessor enjoys the rights and powers set out in this clause.

(b) Where there is any inconsistency between the rights and powers set out in this clause and any other part of this Lease, this clause shall prevail.

(c) Entry and Records

(i) The Lessor may, at any time and without notice, enter the North Burnett Regional Council Swimming Pool - Eidsvold to inspect it and assess compliance with this Lease.

(ii) The Lessee acknowledges and agrees that, if demanded by the Lessor, the Lessee must produce accurate books and records for inspection by the Lessor of any matter relating or incidental to this Lease (including, without limitation, records about attendance, records about admission fees, records about safety compliance and pool chemical records). The Lessor may make copies of the books and records produced and may rely on those books and records as evidence of the Lessee’s compliance or non-compliance with terms of this Lease.

(d) Dispute Resolution (i) In the event of any dispute between the Lessee and a third party that in any way relates to a provision

of this Lease, or generally relates to the Lessee’s operation of the North Burnett Regional Council Swimming Pool - Eidsvold, the Lessee must, as soon as practicable after becoming aware of the dispute, advise the Lessor of the existence of the dispute and request that the Lessor make a determination in respect of the dispute.

(ii) An officer of the Lessor may, in its discretion, elect to make a determination regarding the dispute, and that determination shall be binding on the Lessee. Nothing in this clause places an obligation on the Lessor to make a determination about a dispute.

(iii) The Lessee acknowledges and agrees that where the Lessor, acting reasonably, considers that an amendment to this Lease is required in order to determine the dispute, and avoid similar disputes from occurring, the Lessor may give notice to the Lessee of an amendment to this Lease (“an



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Amendment Notice”), and the amendment to the Lease identified in the Amendment Notice shall come into effect on and from the date of the Amendment Notice.

(iv) The Lessee agrees to do all things necessary, including executing and returning a Form 13 Amendment of Lease, to record any amendment to the Lease that is the subject of an Amendment Notice.

16. SITE REDEVELOPMENT 16.1 The Lessor reserves the right to pursue any potential site redevelopment or swimming pool enhancement to the

Premises, irrespective of any term of this Lease. 16.2 Both parties shall negotiate to alter any or all of the Lease, to facilitate any site redevelopment by the Lessor, in

accordance with the following subclauses: (a) The Lessor will give notice to the Lessee of the intended site redevelopment or swimming pool

enhancement (“Redevelopment Notice”); (b) within fourteen (14) days of the Redevelopment Notice, the Lessee and the Lessor Representative shall

meet to discuss potential alterations to any part of the Lease and any other Lease or Lease that exists between the parties in respect of the Premises (collectively and individually, “the Lease”) that either party considers may be necessary in view of the Redevelopment Notice (“Modifications”);

(c) if the parties cannot agree on the Modifications within fourteen (14) days of the meeting referred to in subclause b), then either party may give notice to the other party terminating the Lease (“Termination Notice”);

(d) the Termination Notice must specify a date, no sooner than 1 month from the day the Termination Notice was given, on which the Lease comes to an end;

(e) neither party shall be liable to the other solely because the Lease is terminated pursuant to this clause. However, this clause does not limit either party’s liability under any specific clause contained in the Lease.

INSURANCES, INDEMNITIES AND WARRANTIES

17. INSURANCES 17.1 Lessee’s Insurances

(a) The Lessee must hold and keep current, at the Lessee’s own cost, with a level of coverage specified by the Lessor, the following insurances:

(i) workers’ compensation insurance as required under any applicable law;

(ii) a plate glass insurance policy against the breakage of all plate and other glass in the Premises;

(iii) an insurance policy to the replacement value of the Lessee’s property and fittings at the Premises;

(iv) public liability insurance in respect of the Lessee, and any employees, sublessees and agents of the Lessee who are connected with the provision of the Services under this Lease, with cover up to the amount specified in the Reference Schedule; and

(v) any other insurances required by law or which would ordinarily be required to be taken out by an operator of a facility such as the Premises.

17.2 Evidence of Insurances The Lessee must provide satisfactory evidence to the Lessor of the existence and currency of the insurance policies referred to in this clause, within two (2) weeks of each anniversary of the Commencement Date, or if demanded by



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the Lessor. Such evidence includes, but is not limited to, a certificate of currency. If the Lessee fails to provide such evidence, the Lessor may withhold payment of the Management Fee until the evidence is provided.

17.3 Lessor’s Insurances (a) The Lessor is responsible for maintaining the insurance on the facilities and equipment of the North

Burnett Regional Council Swimming Pool - Eidsvold, as well as the contents of the facilities (excluding the contents/equipment owned by the Lessee).

(b) The Lessee must not do anything which could: (i) prejudice any insurance of the Premises or property in the Premises; (ii) increase the premium for that insurance without the Lessor's consent.

(c) If the Lessee does anything that increases the premium of any insurance the Lessor has in connection with the Premises, the Lessee must pay the amount of that increase to the Lessor on demand.

18. INDEMNITY 18.1 The Lessee occupies and uses the Premises at its own risk. The Lessor is not liable in any circumstances to the

Lessee for any damage to the Lessee's property in or about the Premises, interruption to the Services or Appurtenances nor any loss of profits by the Lessee.

18.2 The Lessee indemnifies the Lessor and keeps the Lessor indemnified against any loss, cost, expense or damage suffered or incurred by the Lessor arising directly or indirectly from or related to the provision of the Services, including (but not limited to):

(a) any breach or non-observance by the Lessee or any employee, contractor or agent of the Lessee, of any provision of this Lease or warranty given under this Lease;

(b) any breach of any law or statute by the Lessee or any employee, contractor or agent of the Lessee; and

(c) any right or claim by any third party.

(d) any loss, cost, expense or damage suffered or incurred by the Lessor arising directly or indirectly from any claim by any employee, contractor or agent of the Lessee.

18.3 Notwithstanding anything in this Lease to the contrary, the Lessor will not be in default of this Lease for a remediable breach, unless the Lessee has given written notice to the Lessor of the breach, and the Lessor has failed to remedy the breach within a reasonable period of time.

19. WARRANTIES 19.1 The Lessee warrants and agrees that:

(a) prior to entering into this Lease, the Lessee was given a reasonable opportunity to obtain any advice (legal or otherwise) about this Lease and the obligations and restraints contained in it;

(b) the Lessee has had sufficient time to consider the terms of this Lease, its implications and the advice given to them in respect of it;

(c) the Lessee understands this Lease and agrees that its terms are fair and reasonable in the circumstances;

(d) the Lessee has entered into this Lease voluntarily of its own freewill without duress, coercion, undue influence or pressure from either the Lessor or any other Person;

(e) the Lessor is relying upon these warranties in executing this Lease.

BREACH AND TERMINATION



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20. BREACH OF LEASE

(a) If the Lessee is in breach of this Lease, the Lessor may give the Lessee a written Breach Notice, which:

(i) specifies the alleged breach;

(ii) directs the Lessee to remedy the breach in a particular way;

(iii) provides the party with a reasonable time within which to remedy the breach.

(b) The Lessee must comply in all respects with the Breach Notice.

21. TERMINATION 21.1 Termination on Default

(a) Notwithstanding any other provision of this Lease, the Lessor may immediately terminate this Lease by written notice to the Lessee, if at any time:

(i) the Lessee’s performance is not in accordance with the Swimming Pool Operational Plan;

(ii) the Lessee commits a serious or persistent breach of any provision of this Lease which is incapable of being remedied to the Lessor’s reasonable satisfaction;

(iii) the Lessee fails to remedy, to the Lessor’s reasonable satisfaction, a breach of any provision of this Lease within the timeframe specified in a Breach Notice;

(iv) the Lessee becomes or in the reasonable opinion of the Lessor may become subject to any form of insolvency, administration or bankruptcy;

(v) the Lessee ceases business;

(vi) the Lessee has left the North Burnett Regional Council Swimming Pool - Eidsvold open for access by the general public for fewer than the Minimum Opening Hours:

A for three or more consecutive days;

B for five or more days in one calendar month;

unless the reason for the closure is for an event of force majeure;

(vii) the Lessee engages in any behaviour that the Lessor, acting reasonably, considers to be serious misconduct (whether or not that conduct is a breach of a specific provision of this Lease); or

(viii) the Lessee, if a natural person, dies or becomes incapacitated by illness or injury from performing the Lessee’s obligations under this Lease.

(b) For the avoidance of doubt, the Lessor shall not be liable to the Lessee for any loss, howsoever arising, if it decides to terminate this Lease pursuant to this clause.

21.2 Payments on Termination (a) If the Lessor terminates this Lease for a reason specified in Clauses 21.1, the Lessor is not obliged to make

any payments to the Lessee, apart from any outstanding Management Fees for work performed up to the Expiry Date.

(b) The Lessor is not liable to the Lessee for any damage howsoever arising because of the Lessor exercising a right to terminate this Lease in accordance with the terms of the Lease.

END OF LEASE



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22. CONDITION OF PREMISES AT END OF LEASE 22.1 Condition of Premises Generally

Upon the Expiry Date or earlier termination of this Lease, the Lessee must ensure the Premises is in at least the same condition as at the Commencement Date, save for fair wear and tear.

22.2 Final Audit (a) No later than three (3) months prior to the Expiry Date, the Lessee, with the Lessor, must conduct a total

asset audit (“Final Audit”) to identify any deterioration in the condition of assets (reasonable wear and tear excepted) which must be rectified at the Lessee’s expense prior to the expiry of the Lease.

(b) Thirty (30) days prior to the end of the Term, the Lessee and Lessor shall inspect the Premises to ensure that the Lessee has complied with the Final Audit by bringing the Premises to the same condition as agreed from the Final Audit; and

(c) If the Lessee fails to comply with any part of the Final Audit, the Lessor may enter upon the Premises without notice to the Lessee to carry out any works the Lessor considers necessary to bring the Premises to the standard required by the Final Audit, and all costs associated with such entry shall be wholly recoverable from the Lessee as a liquidated debt.

23. RETURN OF PROPERTY Upon expiry or termination of this Lease for any reason, or at any other time at the Lessor’s request, the Lessee must immediately return to the Lessor the following items in their possession or control:

(a) all Confidential Information (as defined in this Lease) of the Lessor; and

(b) all property belonging to the Lessor, including all documents, records, papers, reports, disks, data, equipment and other material.

GENERAL PROVISIONS

24. ROLE OF LESSOR’S REPRESENTATIVE

The role of the Lessor’s Representative in this Lease is to facilitate the expeditious handling of matters under this Lease. If the Lessor’s Representative is unavailable or not able to be contacted, that does not diminish any obligation on the part of the Lessee, and the Lessee must contact the Lessor in another way to discharge the obligation.

25. SUBLETTING AND ENCUMBERING The Lessee must not without the Lessor's prior written consent:

(a) sublet or in any manner part with possession of the Premises; or

(b) mortgage or otherwise encumber the Lessee's interest in this Lease.

26. CONFIDENTIALITY 26.1 Disclosure of Confidential Information

The Lessee must not, during this Lease and at all times after the Expiry Date, disclose to any third party any Confidential Information, either directly or indirectly, knowingly or inadvertently, except:



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(a) if such disclosure is required in the course of providing the Services and the Person to whom the Confidential Information is disclosed warrants not to disclose the Confidential Information in accordance with this Clause;

(b) with the prior written consent of the Lessor;

(c) if that part of the Confidential Information which is to be disclosed is available in the public domain (other than as a result of a breach by the Lessee of this Lease); or

(d) if the disclosure is required by law.

26.2 Use of Confidential Information The Lessee must not, during this Lease and at all times after the Expiry Date, use, for their own benefit or the benefit of any third party, any Confidential Information other than in the proper provision of the Services during this Lease, without the prior written consent of the Lessor.

27. PERSONAL PROPERTY SECURITIES 27.1 Notwithstanding anything to the contrary express or implied in this Lease, the parties agree that the Lessor retains

full title to the Lessor’s Property and title will not at any time pass to the Lessee notwithstanding:

(a) the delivery or collection of the Lessor’s Property to/by the Lessee (as the case may be); and/or

(b) the possession and use of the Lessor’s Property by the Lessee.

27.2 The Lessee acknowledges that the Lessee has the right to possess the Lessor’s Property as a mere bailee only and will deal with the Lessor’s Property in such a manner which enables it to be clearly identified as Lessor’s Property belonging to the Lessor and does not have any right to pledge the Lessor’s credit in connection with the Lessor’s Property and agrees not to do so.

27.3 The Lessee acknowledges and agrees that:

(a) it will not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let, hire or otherwise part or attempt to part with personal possession of or otherwise deal with the Lessor’s Property without the express written consent of the Lessor;

(b) it will, if requested by the Lessor, return the Lessor’s Property to the Lessor following non-fulfilment of any obligation of the Lessee (including payment of monies) without limiting any other right the Lessor may have;

(c) it will deliver up the Lessor’s Property at the end of the Term and give the Lessor or its agents or authorised representatives the right to enter any premises occupied by the L e s s e e and any premises where it believes any Lessor’s Property may be stored (without liability for trespass or any resulting damage) and to use the name of the Lessee and to act on its behalf, if necessary, to recover possession of the Lessor’s Property and agrees to indemnify the Lessor and its agents and/or authorised representatives from any damage, injury and/or loss arising from such recovery or attempted recovery of Lessor’s Property from the Lessee’s possession or control;

(d) it holds the proceeds, book debts and accounts receivable arising from selling or hiring of the Lessor’s Property on trust for and as agent for the Lessor immediately when they are receivable or are received; and

(e) the Lessor may recover as a debt due and immediately payable by the Lessee all amounts owing by the Lessee to the Lessor in any respect even though title to the Lessor’s Property has not passed to the Lessee.

27.4 The Lessee acknowledges and agrees that notwithstanding any other provision of this Lease:

(a) the PPSA applies to any provision of Lessor’s Property by the Lessor to the Lessee;

(b) the Lessor’s Property are commercial property;

(c) by agreeing to and/or accepting or adopting this Lease the Lessee grants a purchase money security interest to the Lessor in the Lessor’s Property to secure the Lessor’s interest in the Lessor’s Property and all moneys owing or payable by the Lessee under this Lease and any other moneys payable by the Lessee to the Lessor from time to time on any account whatsoever;

(d) if a purchase money security interest is not able to be claimed on the Lessor’s Property by the Lessor for any reason, the Lessor will have a security interest in the Lessor’s Property;



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(e) the Lessee agrees that the Lessor’s security interest in the Lessor’s Property covered by this Lease may be registered on the PPSA Register and the Lessee agrees to do all things necessary and required by the Lessor to effect registration of the Lessor’s security interest on the PPS Register in order to give the Lessor’s security interest the best priority possible and anything else Lessor requests the Lessee to do in connection with the PPSA without delay;

(f) the Lessee warrants that all information provided by the Lessee to the Lessor, including but not limited to the Lessee’s details, including the entity, name, ACN or ABN and address set out in this Lease is correct in all respects and must not change its name, address or other details set out in this Lease without providing the Lessor with at least 20 business days prior written notice;

(g) the Lessee unconditionally and irrevocably appoints the Lessor as its attorney to do any of acts and matters set out in this clause in the event that the Lessee fails, delays or declines to execute such documents or do such acts;

(h) the Lessee agrees that it will not grant a security interest or other encumbrance in the Lessor’s Property whether under the PPSA or any other law to a third party unless it has obtained the prior written consent of the Lessor, which the Lessor may refuse to provide or grant in its absolute and unfettered discretion. The Lessor may request and the Lessee must provide any information that the Lessor requires, acting reasonably, in order to fully consider whether to grant its consent;

(i) the Lessor’s security interest in the Lessor’s Property extends to any proceeds, in all present and after acquired property including without limitation book debts and accounts receivable arising from the Lessee dealing with the Lessor’s Property;

(j) it has received value as at the date of first delivery of the Lessor’s Property and has not agreed to postpone the time for attachment of the security interest (as defined in the PPSA) granted to the Lessor under this Lease;

(k) the Lessor’s Property are located in Australia at the date of the provision of the Lessor’s Property and the Lessee warrants that the Lessor’s Property will remain located in Australia for the Term of the Lease;

(l) neither the Lessor nor the Lessee will disclose any information to any interested person unless required to do so under the PPSA;

(m) the Lessee waives its right under the PPSA:

(i) to receive a copy of any verification statement, financing change statement, or any notice that the Lessor intends to sell the Lessor’s Property or to retain the Lessor’s Property on enforcement of the security interest granted to the Lessor under this Lease or any other notice under the PPSA unless the notice is required to be given by the PPSA and cannot be Leased out of;

(ii) to object to a proposal by the Lessor to dispose of or purchase or retain the Lessor’s Property in satisfaction of any obligation owed by the Lessee to Lessor;

(iii) to receive a statement of account following the sale of the Lessor’s Property; and

(iv) to redeem the Lessor’s Property.

(n) will not give (or allow any person to give) to the Lessor a written demand requiring the Lessor to register a financing change statement under the PPSA or enter into (or allow any other person to enter into) the PPSA Register a financing change statement under the PPSA; and

(o) a default under any other security Lease of and under which a security interest which it has granted to any other party in respect of the Lessor’s Property and/or any default under such security Lease which results in an exercise of rights under the PPSA is deemed to be a breach of this Lease.

27.5 The parties agree that the Lessor is not required to respond to a request made under Section 275 of the PPSA and that neither party will disclose information of the kind set out in Section 275(1) of the PPSA.

27.6 Further Supplies The parties acknowledge and agree that any provision of any additional Lessor’s Property made by the Lessor to the Lessee during the Term which is not specifically set out in this Lease is deemed to form part of this Lease and is subject to the terms of this Lease.

27.7 Enforcement



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(a) The enforcement provisions contained in this Lease are in addition to any rights available to the Lessor under the PPSA and apply to the maximum extent permitted by law.

(b) Without limitation to clause 4.7(a) and any other provision of this Lease section 125, 129(2), 142 and 143 of the PPSA are Leased out of.

27.8 Power of Attorney The Lessee irrevocably nominates constitutes and appoints the Lessor and/or its officers and/or its nominees severally to be the true and lawful attorneys of the Lessee on behalf of and in the name of the Lessee to do all things necessary and sign all such documents as may be necessary to deal with the Lessor’s Property in accordance with the enforcement provisions of this Lease, the PPSA or otherwise, if the Lessee is in default of this Lease.

27.9 Interpretation A term used in this clause is taken to have the meaning defined under the PPSA.

28. TAXATION 28.1 Payment of GST

(a) The fees, charges, taxes and expenses payable under this Lease include GST.

(b) Where GST is payable on any supply made by a party under or in connection with this Lease, the consideration provided (or to be provided) for that supply will be increased by an amount equal to the GST liability properly incurred by the party making the supply (the “GST Amount”).

(c) The party making the supply must promptly provide a tax invoice or receipt, which is in an approved form for GST purposes, for any supply for which the party making the supply may recover GST.

(d) If a party has incurred a cost on which GST is payable, that party may claim the cost plus GST, unless the party is entitled to an input tax credit in respect of such GST.

28.2 Registration and ABN (a) Each party warrants that at the time any supply is made under this Lease on which GST is payable, that

party is or will be registered under the GST Legislation.

(b) Further, the Lessee agrees to provide to the Lessor written evidence of registration and its Australian Business Number (“ABN”). The Lessor is entitled to withhold such amounts necessary to be withheld in order for the Lessor to comply with its taxation obligations in respect of the Lessee until the Lessee provides its ABN.

29. GENERAL PROVISIONS 29.1 Power of attorney

(a) The Lessee irrevocably appoints the Lessor to be the true and lawful attorney of the Lessee to do the following acts on the Lessee's behalf:

(i) If the Lessor has lawfully terminated this Lease (proof of which will be the declaration of the Lessor), the Lessor may execute and do all things necessary to register a surrender of this Lease; and

(ii) Substitute the Lessor as the attorney with a purchaser of the Premises for the reversion of this Lease.

29.2 Consent (a) Subject to anything in this Lease to the contrary, any consent which the Lessor is requested to provide

under this Lease may, at the absolute discretion of the Lessor, be granted, refused, granted subject to conditions or withdrawn at any time.

29.3 Waiver (a) A waiver by either party of a term of this Lease will only be effective if it is made in writing by that party.

The waiver will not extend to, and act as, a waiver of a term generally.



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(b) If the Lessee is in breach of this Lease, the acceptance by the Lessor of money from the Lessee does not act as a waiver of the Lessor's rights regarding that breach.

(c) A delay by the Lessor to exercise its rights under this Lease does not act as a waiver of those rights.

29.4 Severance If a provision of this Lease is void or unenforceable it must be severed from this Lease and the provisions that are not void or unenforceable are unaffected by the severance.

29.5 Service of notices (a) A notice required to be given by one party to another under this Lease is effectively served, if it is in writing

and:

(i) served personally or left for the Lessee at the address specified for hand delivery in the Reference Schedule, upon which the notice will be deemed to have been served immediately;

(ii) sent by email to the other party's email address, upon which the notice will be deemed to be served at the time the email was transmitted by the sender, provided the sender does not immediately indicate a malfunction in the transmission;

(iii) forwarded by post addressed to the party at the address specified in the Reference Schedule notice will be deemed to be given on the next week day (other than a public holiday) after which it was posted.

(b) A party must as soon as possible advise the other party of its new facsimile and address details, if these change from that listed in the Reference Schedule.

29.6 Time of the essence Time is of the essence in respect of the parties' obligations under this Lease.

29.7 Effect of legislation Unless mandatory by Law, any Law (present or future) will not apply to this Lease if it has the effect of prejudicially affecting any of the Lessor's rights under this Lease or is inconsistent with the terms of this Lease.

29.8 Entire agreement (a) The provisions of this Lease, and any consents given under it, contain the entire agreement as concluded

between the parties and no oral or collateral agreements are of any effect.

(b) No representation by the Lessor regarding the Premises will form an implied or other term of this Lease. The Lessee acknowledges that it has not been induced into this Lease by any representation, made by the Lessor or its agents, that is not included in this Lease.

29.9 Mortgagee's consent If the consent of any person or body (including a mortgagee) to this Lease or to the extension of this Lease is required, the Lessee must immediately upon request by the Lessor execute any documents necessary to facilitate the granting of this consent.

29.10 Lessee's costs The Lessee must perform all of its obligations under this Lease at its own cost, unless otherwise specified in this Lease.

29.11 Electronic communication The Lessee confirms it consents to receiving this Lease and any notices or communications pursuant to this Lease by electronic communication.

29.12 No Waiver If the Lessor:

(a) accepts rent or other money under this Lease (before or after termination); or

(b) does not exercise or delays exercising any right under clause 23; or

(c) gives any concession to the Lessee; or



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(d) accepts delivery of keys; or

(e) shows prospective Lessees through the Premises; or

(f) attempts to mitigate its loss,

it is not a waiver of any breach or of the Lessor’s rights under this Lease. An attempt by the Lessor to mitigate its loss is not a surrender of this Lease.

29.13 Return of Property Upon expiry or termination of this Lease for any reason, or at any other time at the Lessor’s request, the Lessee must immediately return to the Lessor the following items in their possession or control:

(a) all confidential information of the Lessor; and

(b) all other property belonging to the Lessor, including all documents, records, papers, reports, disks, data, equipment and other material.

29.14 Discrepancies in Information The Lessee must as soon as practicable give written notice to the Lessor's Representative if information and particulars made available to it are inadequate or contain errors



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Annexure A Guarantee and Indemnity

1. Consideration

The Guarantor gives this guarantee and indemnity in consideration of the Lessor agreeing to enter into the Lease at the request of the Guarantor. The Guarantor acknowledges the receipt of valuable consideration from the Lessor for the Guarantor incurring obligations and giving rights under this guarantee and indemnity.

2. Guarantee

The Guarantor unconditionally and irrevocably guarantees to the Lessor the due and punctual performance and observance by the Lessee of its obligations:

(1) under the Lease, even if the Lease is not registered or is found not to be a lease or is found to be

a lease for a term less than the Term; and

(2) in connection with its occupation of the Premises, including, but not limited to, the obligations to pay money.

3. Indemnity

As a separate undertaking, the Guarantor unconditionally and irrevocably indemnifies the Lessor against any liability or loss arising from, and any costs, charges or expenses incurred in connection with:

(1) the Lessee’s breach of the Lease; or

(2) the Lessee’s occupation of the Premises,

including, but not limited to, a breach of the obligations to pay money; or

(3) a representation or warranty by the Lessee in the Lease being incorrect or misleading when made or taken to be made; or

(4) a liquidator disclaiming the Lease.

It is not necessary for the Lessor to incur expense or make payment before enforcing that right of indemnity.

4. Interest

The Guarantor agrees to pay interest on any amount payable under this guarantee and indemnity from when the amount becomes due for payment until it is paid in full. The Guarantor must pay accumulated interest at the end of each month without demand. Interest is calculated on monthly rests at the Default Interest Rate.

5. Enforcement of rights

The Guarantor waives any right it has of first requiring the Lessor to commence proceedings or enforce any other right against the Lessee or any other person before claiming under this guarantee and indemnity.

6. Continuing security

This guarantee and indemnity is a continuing security and is not discharged by any one payment.

7. Guarantee not affected



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The liabilities of the Guarantor under this guarantee and indemnity as a guarantor, indemnifier or principal debtor and the rights of the Lessor under this guarantee and indemnity are not affected by anything which might otherwise affect them at law or in equity including, but not limited to, one or more of the following:

(1) the Lessor granting time or other indulgence to, compounding or compromising with or

releasing the Lessee or any other Guarantor;

(2) acquiescence, delay, acts, omissions or mistakes on the part of the Lessor;

(3) any transfer of a right of the Lessor;

(4) the termination, surrender or expiry of, or any variation, assignment, licensing, extension or renewal of or any reduction or conversion of the Term;

(5) the invalidity or unenforceability of an obligation or liability of a person other than the Guarantor;

(6) any change in the Lessee’s occupation of the Premises;

(7) the Lease not being registered;

(8) the Lease not being effective as a lease;

(9) the Lease not being effective as a lease for the Term;

(10) any person named as Guarantor not executing or not executing effectively the Lease;

(11) a liquidator disclaiming the Lease.

8. Suspension of Guarantor’s rights

Until all money payable to the Lessor in connection with the Lease or the Lessee’s occupation of the Premises is paid, the Guarantor may not:

(1) raise a set-off or counterclaim available to it or the Lessee against the Lessor in reduction of its

liability under this guarantee and indemnity; or

(2) claim to be entitled by way of contribution, indemnity, subrogation, marshalling or otherwise to the benefit of any security or guarantee held by the Lessor in connection with the Lease; or

(3) make a claim or enforce a right against the Lessee or its property; or

(4) prove in competition with the Lessor if a liquidator, provisional liquidator, receiver,

administrator or trustee in bankruptcy is appointed in respect of the Lessee or the Lessee is otherwise unable to pay its debts when they fall due.

9. Reinstatement of guarantee

If a claim that a payment to the Lessor in connection with the Lease or this guarantee and indemnity is void or voidable (including, but not limited to, a claim under laws relating to liquidation, administration, insolvency or protection of creditors) is upheld, conceded or compromised then the Lessor is entitled immediately as against the Guarantor to the rights to which it would have been entitled under this guarantee and indemnity if the payment had not occurred.

10. Costs

The Guarantor agrees to pay or reimburse the Lessor on demand for:

(1) the Lessor’s costs, charges and expenses in making, enforcing and doing anything in



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connection with this guarantee and indemnity including, but not limited to, legal costs and expenses on a full indemnity basis; and

(2) all stamp duties, fees, taxes and charges which are payable in connection with this guarantee

and indemnity or a payment, receipt or other transaction contemplated by it.

Money paid to the Lessor by the Guarantor must be applied first against payment of costs, charges and expenses under this clause 10 then against other obligations under guarantee and indemnity.

11. Assignment

The Lessor may assign its rights under this guarantee and indemnity.

12. Interpretation

(1) A reference in this guarantee and indemnity to “the Lease” is a reference to the foregoing lease

and to any holding over under it.

(2) Expressions used in this guarantee and indemnity which are capitalised (namely “Lessor”, “Lessee”, “Premises”, “Default Interest Rate”, “Term” and “Guarantor” have the meanings ascribed to them in the Lease.

(3) If the Guarantor consists of more than one person the obligations of each Guarantor are joint

and several.

The Guarantor has signed this Deed of Guarantee and Indemnity this day of .

SIGNED SEALED and DELIVERED by as Guarantor in the presence of: ........................................................................ Witness Signature ........................................................................ Witness a Justice of the Peace/Solicitor/ Commissioner for Declarations

) ) ) ) ) ) ) ) ) ) ) )

....................................................................... Signature



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Schedule 1 Lease Plan



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Schedule 2 Maintenance Schedule

Introduction



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This Appendix provides details of Trustee Lessee and Trustee maintenance responsibilities for the Premises in the North Burnett Region. The table below outlines maintenance schedule for Trustee Lessee and Trustee.

ITEM: Requirements :

Trustee Lessee’s Responsibility - Filtration and plant :

General: - Maintain inspection logs for back washing and valve maintenance (all minor

maintenance only set by Trustee’s service manual Ref: NBRC Swimming Pool Plant Operation Manual.

- Water treatment to be kept in accordance with relevant Australian Standards Ref:

Queensland Health Swimming and Spa Pool Water Quality and Operational Guidelines (October 2004).

- Maintain inspection log books for chlorination, PH and water balance as required and directed by Trustee Compliance officer.

- Cost will occur to repairs and replacement due to Trustee Lessee negligence. - Report all required maintenance to Trustee representative. - Train and induct all relief staff to the plant room and maintenance requirements

(Trustee approval required). - Must keep plant rooms clean at all times. Backwash: - Completion of backwash schedule must meet all compliance set by Trustee’s

service manual Ref: NBRC Swimming Pool Plant Operation Manual. - Provision of Maintenance logs to record all backwashing. Scheduled empty/drop of levels – maintenance purpose only: - Refilling of pools after backwashing to maintain levels.

Trustee’s Responsibility – Filtration and plant :

General: - Repair and replace as required - Repairs and replacement due to Trustee Lessee negligence carry out works at

Trustee Lessee cost. - Review all Log books as required. - Service and Run all pumps and filters for minimum time set by Trustee’s service

manual Ref: NBRC Swimming Pool Plant Operation Manual. Backwash:

- No Responsibility required for backwashing by Trustee or on Trustee Lease with Trustee Lessee. - Check Logs where required.

Scheduled empty/drop of levels – maintenance purpose only:

- All major foot valve maintenance and repairs set by Trustee’s service manual Ref: NBRC Swimming Pool Plant Operation Manual. - Cost of water for refilling.

Trustee Lessee’s Responsibility – General Weekly/Daily pool Maintenance :

- Empty all skimmer tanks - Remove all debris in and around pool space - All cleaning responsibilities of pool and surrounding space - Vacuum pool as required or as directed as per Trustee’s service manual Ref:

NBRC Swimming Pool Plant Operation Manual.



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- Repairs and replacement due to Trustee Lessee negligence to carry out maintenance at Trustee Lessee’s cost

- The Trustee Lessee must ensure daily collection of litter from all areas of the Swimming centres, prior to opening. During days of high usage, litter must be collected on a as needed basis throughout the day

- Sharps must be separated form general litter and placed in an approved container. The Trustee Lessee must provide appropriate training and equipment for staff dealing with sharps.

Trustee’s Responsibility – General Weekly/Daily pool Maintenance :

- Replace, service and or Repair Vacuum as required - Trustees holds no responsibility for cleaning the pool and or the surrounding spaces. - Repairs and replacements as required - Repairs and replacement due to Trustee Lessee negligence to carry out maintenance at Trustee Lessee cost

Trustee Lessee’s Responsibility – Building and Infrastructure :

The Trustee Lessee must be responsible for all cleaning and minor repairs associated with the day to day operations of the Swimming Centre, including grounds, floor coverings and the maintenance and repair of all equipment associated with the administration and sales areas and Programs.

Any damage caused to any fittings or fixtures, either internally or externally, due to misuse or Trustee Lessee negligence will be the responsibility of the Trustee Lessee to repair or replace to Trustee’s satisfaction. General - Maintain and Clean all amenities and surrounding space (all consumables to be

provided by contractor including relevant SDS’s) - Document and submit to Trustee all upgrade or Budget considerations by Trustee - Trustee Lease with Swimming Club and or Associated Members for possible

Government funding opportunity’s - Inform Trustee Representative of any maintenance issues promptly Walls: - Clean as required - Remove all graffiti off internal walls within 48hrs. Roof, skylights, external walls, external plumbing: - Report all graffiti on external walls within 48hrs for Trustee repair. - Inform Trustee promptly of any required maintenance. Doors, Frames including entrance gates, service gates, storeroom cupboards: - Inform Trustee promptly of any required maintenance. - Keys Tag Keys and Locks lost by Trustee Lessee shall be replaced at their cost - Trustee Lessee will occur any or all cost dur to Damage caused by improper use of

supervision

Trustee’s Responsibility – Building and infrastructure :

General: - Assess, Replace, service and or repair as required - Maintain all gutters or water run off areas - Undertake weekly routine inspections or as required “With or Without” notice - Repairs and replacement due to Trustee Lessee negligence to carry out

maintenance at Trustee Lessee cost



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Walls: - Replacement of all damaged wall tiles - Paint as per Trustees Services Budgets Roof, Skylights, External Walls, External Plumbing: - Replacement of roof and external walls due to structural defect or age - Repair or replacement of any external plumbing , flashings, roof leaks, whirligigs

etc - Undertake weekly routine inspections or as required “With or Without” notice - Repair and replacement as per Trustees Services Budgets Doors, Frames (including entrance gates, service gates, storeroom, cupboards): - Repairs and replacement - Repairs and replacement - Provide keys for locks and entries in accordance with Trustee’s master key or Salto

keyless system - Repairs and replacement due to Trustee Lessee negligence to carry out

maintenance at Trustee Lessee cost

Trustee Lessee’s Responsibility – Electricals and wiring

- Test and Tagging of all plug in equipment supplied and used by the Trustee

Lessee a record shall be submitted the Trustee Representative upon term of Trustee Lease.

- Report issues relating to electrical faults to Trustee’s representative including faulty lights and fittings

- Test and Tagging of all plug-in equipment (including whitegoods) supplied and used by the Trustee Lessee

- A record shall be provided to Trustee’s Representative upon term of Trustee Lease

Trustee’s Responsibility – Electricals and wiring

- Repair and replacement all electrical wiring and fittings as required - Provide RCD protection to all electrical circuits as required by Australian

Standards

Trustee Lessee’s Responsibility – Chemical and Dosing Systems

Chemical Applications The Trustee Lessee must ensure that all staff employed in the application and use of chemicals have the appropriate training, qualifications and licences.

SODIUM HYPOCHLORITE - Check bulk storage tank levels. - Check and maintain bunding. - Check chemical pump and connections. - Check transfer lines. - Check dosing levels and adjust as per Trustee’s service manual Ref: NBRC

Swimming Pool Plant Operation Manual. - Reports to Trustee Officers on Maintenance requirements.

HYDROCHLORIC ACID

- Check drum storage tank levels.



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- Check and maintain bunding. - Check chemical pump and connections. - Check transfer lines. - Check dosing levels and adjust as per Trustee’s service manual Ref: NBRC

Swimming Pool Plant Operation Manual. - Reports to Trustee Officers on Maintenance requirements. - Replace all containers as required.

Trustee’s Responsibility – Chemical and Dosing Systems

- All repairs and scheduled replacements in accordance to asset register. - Replacement or repairs to testing of probes and sensors. - Replacement repairs and Servicing of the Chlorine dosing systems –

including dosing/pump lines as per Trustee’s service manual Ref: NBRC Swimming Pool Plant Operation Manual.

- All Chemical purchases. - Provision of all MSDS. - Provision of Trustee’s service manual Ref: NBRC Swimming Pool Plant

Operation Manual..

Trustee Lessee’s Responsibility - Floor surfaces and coverings

The Trustee Lessee must remove all waste material, soil build up, mould and any other material from all of the following hard surface areas within the sites:

- Paths - Paved areas - Pool coping - Pool decks and edges

- Keep all areas in clean and hygienic condition at all times (all consumables to

be provided by contractor including relevant SDS’s)

Trustee’s Responsibility – Floor surfaces and coverings

- Replacement and repair of all floor coverings due to age or wear and tear - Supply and maintain non slip matts in showers and indoor wet areas

Trustee Lessee’s Responsibility - Furniture, Fixtures & fittings

- Maintain: Rubbish Bins, Cupboards, Shelves, Counters, kiosk, chairs and

tables, signs and noticeboards - Cost of repairs and maintenance due to Trustee Lessee negligence to carry

out regular maintenance - Maintain, regularly test, repair, replace all safety equipment and PPE

Trustee’s Responsibility – Furniture, Fixtures & fittings

- Responsible for initial provision and replacement - Repairs and replacement due to Trustee Lessee negligence to carry out

maintenance at Trustee Lessees cost Trustee Lessee’s Responsibility - Glass, Windows (Internal/external)

- Replace broken or cracked windows arising from miss use - Regularly clean

Trustee’s Responsibility – Glass, Windows (Internal/external)

- Replacement of windows and fittings due to breakage from structural defect or

vandalism (police report shall be submitted to Trustee representative.



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Trustee Lessee’s Responsibility -Graffiti removal

- Removal of Graffiti from all internal areas within 48 hours

Trustee’s Responsibility – Graffiti removal

- Removal of Graffiti form all external areas within 48 hours

Trustee Lessee’s Responsibility -Outdoor Furniture and Shade

- Clean all outdoor furniture as required - Maintain concrete surrounds of pool areas neat at all times - Report damage to Shade structures promptly to Trustee’s representative

Trustee’s Responsibility – Outdoor Furniture and Shade

- Replace outdoor furniture as required - Repair concrete paths as reported - Repair or replace shade structures as reported by Trustee Lessee

Trustee Lessee’s Responsibility -Grounds Indoor & Outdoor Landscape maintenance

General: - Mow and edge all lawn areas as required during the Swimming Season with

clipping removed from lawns. Grass clippings must be collected and removed from the site and must not be spread around on site

- The Trustee Lessee is responsible for irrigation of the lawns at the Pools and must ensure lawns are adequately watered during the Swimming Season, using hoses and sprinklers supplied by the Trustee Lessee

- Maintain drains and drainage inlets - Operate , repair and replace hoses for outdoor watering and washing down of

concrete surfaces - Maintain clean entries and exits to pools. - Maintain weed and debris free all pathways and around swimming pools - Report deterioration to concrete paths and pool edge copping - Empty rubbish bins utilising Trustee Trustee Lessee services - Seek Trustee approval prior to any grounds modifications - All gardening equipment needed for the general maintenance of garden areas,

including grassed areas within the swimming pool surrounds, will be provided by the contractor and must be maintained to the manufacturers specifications at all times.

Trees:

- Fence off damaged and dangerous trees from public - Minor pruning - Report risks associated with trees to Trustee’s representative

Trustee’s Responsibility – Grounds Indoor & Outdoor Landscape maintenance

General: - Trustee will respond to and be responsible for any major capital works

requirements - Unblock or replace damaged and blocked drains - Maintain irrigation system at Pool - Respond to reported defects - Provide rubbish bins

Trees: - Prune and remove for safety - Inspect trees on annual basis or as required - Replacement

Trustee Lessee’s Responsibility -Hygiene & Sanitary Fittings

- Maintain all areas in a clean and hygienic state - Install toilet hygiene products including toilet rolls, hand towel and air

fresheners supplied by Trustee - Maintain and replenish soap, paper towel, toilet rolls and air freshener



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Trustee’s Responsibility – Hygiene & Sanitary Fittings

- Provide and maintain Sanitary waste units - Provide wall dispensers for consumables - Install toilet and hand towel holder and soap dispensers - Replacement of toilet seats, cisterns, wash basins, urinals and taps - Provide hygiene consumables including toilet rolls, hand towel and air

fresheners

Trustee Lessee’s Responsibility -Keys, Locks & Security

- Responsible for keys and locks issued by Trustee - Replacement of lost keys and locks through Trustee Representative - Cost of repair or replacement of keys or locks due to misuse or negligence

Trustee’s Responsibility – Keys, Locks & Security

- Ordering and supply of keys and locks to suit Trustee’s master key or Salto

keyless system - Ordering of extra keys and locks at Trustee Lessee cost - Repair and maintenance of keys and locks due to misuse or negligence at

Trustee Lessee’s cost

Trustee Lessee’s Responsibility -Lighting

- Report faulty or damaged lighting fixtures to Trustee’s representative

Trustee’s Responsibility – Lighting

- Repair or replace faulty light fixtures

Trustee Lessee’s Responsibility -Permanent Fixtures

- Maintain benchtops, inbuilt cupboards, shelving, workstations and counters - Regularly clean fixtures

Trustee’s Responsibility – Permanent Fixtures

- Maintain Hot water units - Replacement of permanent fixtures due to fair wear and tear or age

Trustee Lessee’s Responsibility -Painting

- Internal or external painting due to misuse or negligence at Trustee Lessee’s

cost

Trustee’s Responsibility – Painting

- Scheduled painting program in accordance with Trustee’ s Building

Maintenance Policy

Trustee Lessee’s Responsibility -Plumbing and fixtures

- Clean and maintain

Trustee’s Responsibility – Plumbing and fixtures

- Trustee will cover the cost of internal and external repairs to plumbing fittings

such as toilet seats, pans, cisterns, taps, basins, urinals and shower heads - Unblocking of internal and external sewerage drains, waste and hot and cold

pipes. - Repair and maintenance at Trustee Lessee’s cost due to misuse or negligence



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Trustee Lessee’s Responsibility -Pool Safety Signage

- Maintain Signage - Monitor compliance of signage to Legislative requirements - Installation of new signage relating to Trustee Lessee pool activities approved

by Trustee

Trustee’s Responsibility – Pool Safety Signage

- Initial installation - Replacement due to damage, age or updating to Legislative requirements

Trustee Lessee’s Responsibility -Phones

- Provide phone, fax and printer - Cost of phone and internet connection and usage is the Trustee Lessee’s

responsibility

Trustee’s Responsibility – Phones

- Provide service line to main building - Cost of phone and internet connection and usage is the Trustee Lessee’s

responsibility

Trustee Lessee’s Responsibility -White Goods

- Installation and maintenance costs - Replacement costs

Trustee’s Responsibility – White Goods

- No responsibility

Trustee Lessee’s Responsibility -Pest Control

- Monitor pests and report activity to Trustee’s representative

Trustee’s Responsibility – Pest Control

- Keep all areas of the Swimming Pool free from pests - Act on reports of Pest activity by Trustee Lessee

Trustee Lessee’s Responsibility –Site Inspections

- The Trustee Lessee must conduct regular site inspections of the Swimming Pool to identify all hazardous conditions and any condition that adversely affects the amenity of the site

- Any works required that are within the Trustee Lessee’s Maintenance Responsibilities must be rectified immediately

- Where the work required to rectify the condition is outside the maintenance responsibility of the Trustee Lessee, then the Trustee Lessee must:

• Isolate any hazardous condition by using barricades or other appropriate means so that public is not at risk; and

• Verbally notify Trustee’s representative as soon as practicable.

Trustee’s Responsibility – Site Inspections

- Trustee will conduct weekly site inspections – pool quality and operational

checks - Trustee will respond to all emergency hazards identified upon notification from

Trustee Lessee

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