Property Deed
Date:
Parties:
[
] (the “Landowner”)
of the one part
And:
The Secretary to the Department of Human Services a body
corporate constituted underthe Health Act 1958 of 555 Collins
Street, Melbourne (the “Department)
of the other part
Whereas:
A.
The Landowner is the registered proprietor of the land described in Certificate of Title
Volume [
] Folio [
] (“the land”) being the Land situate at and known as [
]
(address of property).
B.
The Landowner is a parent and legal guardian of [
C.
The Department has agreed to locate a transportable home Unit (“the Unit”) which
term shall include all of its fixtures and fittings but shall exclude any structures
erected by or at the direction of the Landowner) on the Land for occupation by [ ]
(name of client) and the person employed from time to time by the Department as
Carer (“the Carer”) on the following terms.
] (name of client).
It is Agreed:
1.
The Department at its expense shall (a)
2.
cause the Unit to be (i)
constructed as shown on the attached plan; and
(ii)
located on the Land in a position previously agreed upon by the parties
and connected to all available services.
(b)
ensure that all necessary planning and building permits and occupancy
certificates are obtained in respect of the Unit;
(c)
clear and level the site of the Unit on the Land.
The parties shall permit [
](name of client) and the Carer to occupy the Unit
and have access over the Land to the Unit during such time as the Unit is located on
the Land.
MELBOURNE/116103871
7/02/97
2
3.
The Landowner shall not be required to pay to the Department any amounts by way of
rental or licence fees, but shall be liable for all outgoings in respect of the Unit
including gas, electricity, water and telephone charges and any additional rates and
taxes assessed in respect of the Land by reason of the Unit being located thereon.
4.
The Landowner upon reasonable notice in the particular circumstances having been
given shall permit the Department, its employees, agents, delegates and contractors to
have access to the Land for the purpose of (a)
inspecting the Unit and carrying out any necessary repairs;
(b)
removing the Unit from the Land.
(c)
caring for [
] (name of client)
5.
The Landowner shall not be liable for the cost of any repairs to the Unit other than
those necessitated by the acts of the Landowner or his licencees or invitees.
6.
If the Department in its absolute discretion shall determine that the Unit is no longer
suitable for [
] (name of client) care then the Department at its expense shall
have the right to remove the Unit from the Land (and for that purpose shall have the
right to bring upon the Land any cranes and other plant and equipment necessary to
carry out such removal) providing that the Department shall have first given the
Landowner not less than 14 days’ written notice of the Department’s intention to do
so and providing also that the Department at its expense shall reinstate the Land to its
condition prior to the location of the Unit and shall close off all services that shall
have been connected to the Unit and following such removal, except that the
Department shall not be required to remove any decking, pergola or other structures
erected by the Landowner and attached to the Unit.
7.
It is mutually agreed that (a)
the Department will be responsible for insuring the Unit including a cover for
public risk;
(b)
the Landowner will not cause or permit anything to be done which may void or
adversely affect the Department’s insurance cover or increase the premiums
attributable to such cover, and in particular the Landowner will not place or
store or permit to be placed or stored any hazardous materials adjacent to or in
the Unit;
(c)
the Landowner will be responsible for insuring the contents of the Unit.
3
8.
9.
The Landowner undertakes (a)
to obtain the written consent of any mortgagee to the location of the Unit on the Land
and also a written acknowledgement by the mortgagee that the Unit does not constitute
a fixture on the Land and will not form part of such mortgagee’s security;
(b)
not to purport to sell or dispose of or to charge or otherwise encumber the Unit;
(c)
not to permit any person to occupy the Unit other than [
Carer;
(d)
not to permit any person (other than the Department and its employees, agents,
delegates and contractors) to remove the Unit from the Land;
(e)
not to move or in any manner alter, move or repair the Unit without the prior written
consent of the Department;
(f)
not to sell, place the Land on the market for sale or otherwise dispose of the Land
without giving thirty days prior written notice to the Department;
(g)
not to mortgage, charge or encumber the Land without the prior written consent of the
Department;
(h)
not to request the removal of the Unit by the Department prior to the expiration of three
months prior written notice unless the Landowner shall have sold the Land and is
required to give vacant possession of the Land within that period; and
(i)
to notify the Department of any damage or want of repair to the Unit of which the
Landowner shall become aware.
] (name of client) and the
The Landowner acknowledges (a)
the Unit shall remain the property of the Department at all times and shall not be
deemed to be a fixture or to be annexed to the Land;
(b)
nothing in this Deed shall constitute any assurance by the Department that [
]
(name of client) shall be entitled to occupation of the Unit in the event that the Unit
shall be relocated elsewhere than the Land and the Department shall not be liable to
compensate the Landowner or [
] (name of client) because of any relocation
of the Unit if the Department in its absolute discretion shall determine that each
compensation is not appropriate in all the circumstances.
(c)
the Unit shall be suitable for the purposes for which it has been designed and
constructed and shall be fit for occupation by [
] (name of client) and the
Carer, taking into account the particular circumstances of [
] (name of client);
(d)
nothing in this Deed shall create a tenancy of any kind in respect of the Unit in favour of
the Landowner, [
](name of client) or any other person.
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10.
The Landowner agrees to indemnify and keep indemnified the Department against all claims,
demands, actions and costs incidental and relating to (a)
damage to the Unit;
(b)
loss or injury sustained by the Department, its employees, agents, delegates or
contractors or any other person caused by the negligence of the Landowner in the
erection of any verandah, pergola or other structure abutting on or adjacent to the Unit.
PROVIDING ALWAYS that this indemnity shall not apply where such damage, loss or injury has
been caused by the negligence of the Department, its employees, agents, delegates or contractors.
11.
The Landowner hereby charges all his right and interest in the Land in favour of the
Department as security for any amounts that may become payable to the Department pursuant
to the provisions of clause 10 above and the Landowner acknowledges that the Department
shall have right to lodge a Caveat at the Land Titles Office giving notice of this charge.
12.
Any notice required to be served pursuant to this Deed shall have been sufficiently given if
sent prepaid post or delivered to the Landowner at the Land or to the Department at its last
known address.
EXECUTED as a deed poll.
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Execution page
SIGNED by Barry Randolph Paice
Assistant Director of Capital
Management Branch as authorised
representative for SECRETARY TO
THE DEPARTMENT OF HUMAN
SERVICES on the ….… day of
…………………… 2000 in the presence
of :
)
)
)
)
)
)
)
)
...................................................................
by executing this Agreement the
signatory warrants that the signatory is
duly authorised to execute this
Agreement on behalf of SECRETARY
TO THE DEPARTMENT OF
HUMAN SERVICES
...................................................................
Signature of witness
...................................................................
Name of witness (block letters)
...................................................................
Address of witness (block letters)
...................................................................
Occupation of witness (block letters)
SIGNED SEALED AND DELIVERED
by the said [name of Landowner]
...................................................................
in the presence of :
...................................................................
Signature of witness
)
)
Dated
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Property Deed
[
]
(Name of Landowner)
(“the Landowner”)
of the one part
And
The Secretary to the Department of
Human Services
(“Department”)
of the other part