Brisbane Exhibition Lands Leases Act of 1920 (10 Geo v No. 20) (Qld)
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PARKS AND PUBLIC LAND. 10 GEO. V. No. 20, 1920. Brisbane Exhibition Lands Leases Act. . QUEENSLAND NATIONAL BANK, LIMITED. See BANKS. 9347 PARKS AND PUBLIC LAND. An Act to make provisio.n for the Leasing and l~ Geo. V. Occupation of the Brisbane Exhibition Lands. ~ ~ ! o. [ASSENTED TO 8TH MARCH, 1920.] BRISBANE Et~ ; ~~ ON LljlASES ACT W HEREAS by *" The Brisbane Exhibition Land8 Act PF 1920. of 1912" the parcel of land situated in the county prrmble. of Stanley, parish of North Brisbane, described in the Schedule of that Act a~ d stated to contail! twe~ ty- t~ ree I acres one rood and thIrty-two and a-haIr perches (but which on recomputatio~ is found to c~ ntain twenty-three I acres one rood and thIrty-two and nme-tenths perches), . was resumed and became Crown land subject to be dealt with under the said Act: And whereas part of the said land containing three acres three roods and thirteen and nine-tenths perches has been and is being and will continue to be used. and occupied by the Crown as and for the purposes of an exhibition hall and museum: And whereas on the thirtieth day of September, one thousand nine hundred and thirteen, a parcel of land situated in the said county and parish, a.nd separated from the last-mentioned parcel by a State railway, and con- taining nine acres two roods and fourteen perches, was surrendered to the Crown by the Acclimatisation Society of Queensland and became Crown land: • And whereas the remainder of the firstly mentioned parcel of land (other than the three acres three roods and thirteen and nine-tenths perches aforesaid) con- taining nineteen acres two roods and nineteen perches, and the secondly mentioned parcel of land containing nine acres two roods and fourteen perches, have been and are being and will continue to be used and occupied by and for the Imrposes of the National Agricultural and Industrial Association of ~ ueensland, subject to certain adjustments of boundaries and to certain rights conferred by certain agreements hereinafter referred to : '" 3 Geo. V. No. 11, supra, page 5747.
9348 PARKS AND PUBLIC LAND. Brisbane Exhibition Lands Leases Act. 10 QEO. V. No. 20, And whereas at divers times it became necessary, for the purposes of the s.aid State railway and the said Association, that certain adjustments of boundfl,ries of the said parcels of land should be made, and in con- sequence of such adjustments the areas of the aforesaid parcels of Crown land so used and occupied by the said Association became respectively nineteen acres three roods and twenty-seven and seven-tenths perches and nine acres and twenty-four perches, the boundaries of which said parcels are respectively set forth in the First Schedule to this Act, and the boundaries whereof before a.nd after such adjustments aJ:e delineated on the Third Schedule to this Act: And whereas by agreements dated respectively the twenty-first day of December, one thousand nine hundred and four, the twentieth day of December, one thousand nine hundred and seven, and the thirteenth day of November, one thousand nine hundred and eight, and made by and between the Honourable the Secretary for Agriculture for the time being and certain persons and companies constituting and representing for the time being the Brisbane Wool and Grain Brokers' Association, copies of which agreements are respectively set forth in the Second Schedule to this Act, it was agreed to lease the land therein described containing three acres and two and five one-hundredths perches, and known as the Exhibi- tion Annexe and being part of the parcel of land herein- before firstly mentioned, to the said Brisbane Wool and Grain Brokers' Association for a term of twenty-five years ending the thirtieth day of June, one thousand nine hundred and twenty-nine, subject to the terms and conditions in the said agreements contained, and the said last-mentioned Association has entered upon· and is' still in possession of the said land under the said agrE!e- ments, with the exception that at the request of the said' last,,:,mentioned Association a part thereof containing twenty-two and thirty-five one-hundredths perches was, upon an adjustment of boundaries as aforesaid, used and occupied by and for' the purposes of the said State , railway, and will continue so to be used and occupied, thus reducing the area agreed to be demised to two acres three roods and I).ineteen and Iileven-tenths perches: And whereas it is desirable that the said National Agricultural and Industrial Association of Queensland should be granted a perpetual lease of the parcels of land
PARKS AND PUBLIC LAND. 9349 1920. Brisbane Exhibition Lands Leases Act. respectively described in the First Schedule to this Act, subject, however (as to the aforesaid two acres three roods and nineteen and seven-tenths perches, part of the land firstly so described), to the above-recited agree- ments: . Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queens- land in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The Brisbane Exhibi- Short title tion Lands Lease8 Act of 1920." 2. (1.) Upon the passing of this Act the National Perpetual Agricultural and Industrial Association of Queensland ~ ~ ~ ~ ~ ~ ~ on shall be entitled to the grant of a lease or leases from the Lands. Crown of those parcels of land situated in the county of Stanley, parish of North Brisbane, the boundaries whereof are respectively set forth in the First Schedule to this Act, and are delineated in the Third Schedule to this Act, except (during the currency of the agreements set forth in the Second Schedule to this Act) subdivision two of portion three hundred and thirty being the land now used and occupied by the Brisbane Wool and Grain Brokers' Association under the said agreements as shown in the said Third Schedule. (2.) Provided that- (a) Until the expiration of the tenancy created by the agreements set forth in the said Second Schedule, nothing herein contained shall be construed to prejudice or affect the rights, powers, authorities, duties, and obliga- tions conferred and imposed upon the parties to the said agreements, and the same shall continue in full force and effect as if this Act had not been passed; (b) After the expiration of the said tenancy the said National Agricultural and Industrial Association of Queensland shall be entitled to the grant of a lease of the land being the said subdivision two of portion three hundred and thirty.· . (3.) Every such lease shall be- (a) A lease in perpetuity;
9350 PARKS AND PUBLIC LAND. Brisbane Exhibition Lands Leases Act. 10 GEO. V. No. 20, (b) Granted to the said Association or their repre- sentative or representatives; (c) At a peppercorn rental; and (d) Subject to such further conditions, covenants, reservations, and stipulations as the Governor in Council shall think fit. Any such lease may confer power on the said Association ~ o grant subleases of or to mortgage the whole or any part of the land comprised therein: Provided always that under any such mortgage the mortgagee shall not be empowered to have any recourse and shall not have any recourse against the land com- prised in such lease but only against any improvements on the said land, anything in any Act to the contrary notwithstanding. SCHEDULE I. County of Stanley; parish of North Brisbane, city of Brisbane. Subdivisions 2 and 3 of portion 330. Area, 19 acres 3 roods 271 70 perches. Commencing at the intersection of the south-west side of Brookes street with the south side of 0 'Connell terrace, and bounded thence on the north-east by Brookes street bearing 157 degrees 46 minutes five chains and ninety-four links; on the south-east by Gregory terrace bearing 236 degrees twenty-five chains and eighteen links; on the south-we'st by subdivision 1 bearing 298 degrees 38 minutes one chain and sixty-three and one-tenth links, and 325 degrees 43 minutes three chains and seventy-three links; on the north-west by the Exhibition Branch Railway bearing 70 degrees 59 minutes seventy and forty-five one-hundredths links, 62 degrees 32 minutes ninety links, 53 degrees 33 minutes one chain, 51 degrees 5 minutes two chains and sixty-five and forty-six one-hundredths links, 325 degrees 58 minutes forty-three and fifty-seven one- hundredths links, 49 degrees 46 minutes one chain and forty-seven links, 42 degrees 39 minutes two chains and forty-five. and six- tenths links, 308 degrees 12 minutes 45 seconds thirty-nine links, 38 degrees 12 minutes 45 seconds six chains and seventy-nine and fourteen one-hundredths links, and 32 degrees 49 minutes four chains and ninety-six and fifty-three one-hundredths links; and on the north by 0 'Connell terrace bearing 89 degrees 39 minutes eight chains and eighty-seven and seven-tenths links to the point of commencement. Also,- Portion 345. Area, 9 acres 24 perches. Commencing on the south side of 0 'Connell terrace at the north-east corner of portion 331, and bounded thence on the north- west and south-west by that portion bearing 204 degrees 11 minutes four chains and eighty-four and two-tenths links and 170 degrees
PARKS AND PUBLIC LAND. 1920. Brisbane Exhibition Lands Leases Act. two chains and sixty-three links to the right bank of a small creek; by that bank upwards to its intersection by the east side of Bowen Bridge' road; by that' road bearing 179 degrees 47 minutes 49 seconds one chain and ninety-seven links; on the south and south- east by the Exhibition Branch. Railway bearing 93 degrees 44 minutes one chain and thirty-seven and four-tenths links, 60 degrees 52 minutes 53 seconds four chains and sixty and fifty-six one- hundredths links, 55 degrees 10 minutes 5 seconds three chains and sixty-seven and ninety-three one-hundredths links, 40 degrees 8 minutes 55 seconds three chains and fifty and five one-hundredths links, 38 degrees 8 minutes 5 seconds four chains and thirty-five and eight-tenths links, 40 degrees 32 minutes 36 seconds three chains and fifty and eighty-one one-hundredths links, and 26 degrees 41 minutes 23 seconds two chains and seventy-eight links; and on the north by 0 'Connell terrace bearing 269 degrees 41 minutes eight chains and seventy-one and thirty-five one-hundredths link~ to the point of commencement. SCHEDULE n. (1.) AN AGREEMENT made the Twenty-first day of December One thousand nine hundred and four BETWEEN THE HONOURABLE DIGBY FRANK DENHAM of Brisbane in the State of Queens- land the Secretary for Agriculture of the said State for and on behalf of the Government of Queensland (hereinafter called "the Lessor") of the one part and AUSTRALIAN ESTATES AND MORTGAGE COMP.ANY LIMITED a Company duly registered and incorporated under "The Companies Acts 1862 to 1890" and having its registered office at London in that part of the United Kingdom of Great Britain and Ireland called England DALGETY AND COMPANY LIMITED being a Company duly registered and incorporated under *"The British Companies Act of 1886" and having its registered office at Brisbane aforesaid MOREHEADS LIMITED being a Company duly registered and incorporated under' t" The Companies Acts 1863 to 1896" and having its regis- tered office at Brisbane aforesaid NEW ZEALAND LOAN AND MERCANTILE AGENCY COMPANY LIMITED being a Company duly registered and incorporated under tU The Companies Act of 1863" and having its registered office at London aforesaid DANIEL M()LEOD of Brisbane aforesaid trading under the name style or firm of "FENWICK AND COMPANY" DANIEL MACTAGGART and JOHN MACTAGGART both of Brisbane afore- said trading under the name style or firm of "MACTAGGART BROTHERS" (hereinafter called" the Lessees") of the other part. WHEREAS by Deed of Grant Number 78090 certain lands of which the land hereinafter 'described is part became vested in Sir Samuel Walker Griffith John Donaldson and John Fenwick as trustees and their successors in office upon the trusts in the said Deed of Grant mentioned AND WHEREAS by Bill of Mortgage registered * 50 Vie, No. :n, 8Upra, page 277. t 27 Vie. No. 4 and amending Acts, supra, pages 186 et seq. t 27 Vie. No. 4, supra, page 186. 9351
9352 PARKS . A. t~D PUBLIC LAND. Brisbane Exhibition Lands Leases Act. 10 GEO. V. No. 20, as Number 259985 the Mortgagors therein described in exercise of the statutory power vested in them by ot" The Acclimatisation Society and National Agricultural and Industrial Association Act of 1890" mortgaged to The Honourable Sir Thomas McIlwraith K.C.M.G. The Colonial Treasurer of Queensland all the lands described in the said Deed of Grant Number 78090 AND the Treasurer on behalf of the Government of Queensland is now in possession under the said Mortgage AND WHEREAS the said John Donaldson and John Fenwick have died and the said Sir Samuel Walker Griffith has resigned his trust and there are now no trustees of the land described in the said Deed of Grant AND WHEREAS the said Lessees have applied to the Lessor to grant to them a lease of that part of the land described in the said Deed of Grant generally known as the Exhibition Annexes included within the following general description of area commencing on the north-west side of Gregory terrace at the east corner of the Bush-house and bounded thence on the south-west by a line bearing north-westerly about two hundred and twenty-seven links thence by a line bearing south-westerly about ninety-one links again on the south-west by a line bearing north-westerly about three hundred and six links on the north-west by lines bearing 60 degrees 51 minutes about seven links 76 degrees 18 minutes eight and three-tenths links 72 degrees 9 minutes thirty-three and three-tenths links 69 degrees 18 minutes thirty-three and three-tenths links 64 degrees 30 minutes thirty- three and three-tenths links 60 degrees 33 minutes thirty-three and three-tenths links 56 degrees 56 minutes thirty-three and three- tenths links 53 degrees 25 minutes thirty-three and three-tenths links and 51 degrees 21 minutes one hundred and ninety-two links thence by a line bearing 334 degrees twenty-nine links again on the north-west by lines bearing 57 degrees 22 minutes fifty- seven and three-tenths links and about 51 degrees about one hundred and fifty-two links on the north-east by a line bearing south-easterly about five hundred and thirty-three links to Gregory terrace and on the south-east by Gregory terrace bearing south-westerly about five hundred and fifteen links to the point of commencement for the term at the rent and subject to the condi- tions herein expressed which the lessor has agreed to do Now THIS AGREEMENT WITNESSETH that the Lessor will at the request and at the cost of the Lessees grant to the Lessees and the Lessees will accept a Lease of the land above described for the term of fourteen years from the first day of July one thousand nine hundred and four at the rental for the first five years of the said term of one hundred and fifty pounds per annum for the next succeeding five years of the said term i.e. from the sixth year to the tenth year inclusive at the rental of two hundred pounds per annum and for the remaining four years of the said term i.e. from the eleventh to the fourteenth year inclusive at the rental of two hundred and fifty pounds per annum such rent to be payable quarterly in advance namely on the first days of July and October during the year one thousand nine hundred and four and thereafter on the first days of January April July and October in each and every year during the remainder of the said term The said Lease shall contain covenants by the Lessees in the usual form and suitable _ * 54 Vie. No. 13, 8upra, page 4084.
PARKS AND PUBLIC LAND. 1920. Brisbane Exhibition Lands Leases Act. to the case to pay the rent at the times and in the manner aforesaid and to pay all existing rates (other than municipal rates) taxes assessments and outgoings of every description payable in respect of the said lands and subject to the provisions of Clause 31 of *" The Real Property Act of 1877" which clause shall be considered as incorporated herein but so nevertheless that the Lessor shall not be compelled to spend upon reinstatement m(')re than the sum of two thousand pounds A covenant to keep in repair the buildings erected on the said land fair wear and tear excepted and a covenant if called on by the Lessor to expend the sum of two thousand pounds in repairs and upkeep.of the said buildings during the said term but so that the Lessees shall not be compelled to expend more than five hilndred pounds in anyone year provided always that until the amounts received by virtue of any insurance be expended in reinstatement the Lessf:)es shall not be compelled to expend any part of the said sum of two thousand pounds in reinstatement and in such condition and repair to deliver up the same with all.new fixtures and other additions to the Lessor at the expiration or sooner , determination of the said term and not to assign or sublet without leave such leave not to be unreaSonably withheld the reasonableness or otherwise to be determined by arbitration if disputed pursuant to the t" Interdict Act of 1867" Not to carry on any noxious trade ' or business Not to permit the buildings on the said land to be used for any other purpose than a receiving and delivering store for grain and wool To insure and keep insured the said buildings in the name of the Lessor for the sum of two thousand pounds and at all times when required to produce the policy or policies of such insurance and the receipts :for the premiums in respect of the same to the Lessor T'o keep the lands and buildings properly clean To permit the National Agricultural and Industrial Association of Queensland the use of the said buildings from the fifteenth day of July to the twentieth day of August in each and every year for the purpose of holding its Annual Exhibition or at such other time or times as may be agreed upon between the said 'Association and the Lessees AND provisions in the usual fOmi for such .a case for entry and view and re-entry on the breach of any of the covenants by the Lessees in the said Lease to be contained and provisions that in the event of the building being destroyed by :£ire the sum received from the insurance thereof may and shall at the option of the Lessees be spent ill reinstating the buildings under the direction of the Lessees or their Agents Any further sum that may be spent by the Lessees above the amount so received from the Insurance , policy is to be deemed as part payment of the said sum of Two thousand pounds AND the said Lease shall also contain a covenant by the Lessor for the quiet enjoyment of the said land by the Lessees AND IT IS HEl'tEBY AGREED AND DECLARED that until, the execution of the said Lease the said la:qd and premises shall be held by the Lessees at the rent aforesaid and subject to the covenants and conditions to be contained in the said Lease as aforesaid so far as the rules of law will permit but so nevertheless. that should the tenancy under this Agreement be construed by law as a tenancy from year to year the Lessor will at the request of the Lessees renew . the tenancy year by year during the said term of fourteen years * 41 Vic. No. 18, supra, page 3033. t 31 Vic. No. 11, supra, page 2387. T 9353
9354 PARKS AND PUBLIC LAND. Brisbane Exhibition Lands Leases Act. 10 GEO. V. No. 20, at the rental and upon the terms and conditions herein contained so far as they shall be applicable AND IT IS DECLARED that nothing herein contained shall render the said Lessor or his estate personally liable for any claim to be made by or through the Lessees or any of them under this Agreement AND that no action shall lie to compel the Lessor to grant a Lease of the premises hereinbefore described so long as 'the Lessees are not disturbed in their possession under this Agreement AND IT IS FURTHER DECLARED that all the powers of the Lessor under this Agreement may be exercised by the person holding the office of Secretary for Agriculture for the' time being AND IT IS FURTHER PROVIDED that should the Government determine to close the Railway Line to the Exhibition Anne~ es the Lessees are to have the right at any time thereafter to terminate this Agreement upon giving to the Lessor at least six months' n9tice of their intention so to do terminating at any time and not . necessarily at the end of any year. IN WITNESS WHEREOF these presents have been duly executed the day and year first above mentioned. SIGNED by the said The Honour- ~ able DIGBY FRANK DENHAM The 8ecretary for Agriculture in the D. DENHAM. presence of . I ERNEST G. E. SCRIVEN. I j L I And by the said. Australian For the AUSTRALIAN Estates and Mortgage Company ESTATES AND MORT- Limited by its duly constituted GAGE CO. LIMITED, Attorney in the presence of JOHN LEAHY, W. JNO. LANG. ' Manager. And bY. t~ e .said Dal~ety and }DALGETY AND COMPANY Company LImIted by Its duly LIMITED (lonstituted At~orney ALFRED by their 'Attorney DEGILBO WALSH III the presence of A. D. W A~ SH. R. H. Moss, J.P. The Common Seal of Moreheads } L~ mited was her~to affixed by MOREHEADS LIMITED. DIrectors of the saId Com:Qany by JOHN FORREST, 9 rder of the Board of Directors III the presence of Managing Director. FREDERICK RANSON. ) SIGNED by New Zealand Loan }NEW ZEALAND LOAN A..'lD and Mercantile Agency Company MERCANTILE AGENCY Limited by its duly constituted CO. LTD. Attorney in the presence of J. MACDONALD, FREDERICK RANSON. Manager. I And . by the said DANIEL MACTAGG;\RT and JOHN MAC- jMACTAGGART BROS TAGGART III the presence o f · . FREDERICK RANSON. 5 And ,by the said DANIEL, FENWICK AND CO. ),[CLEOD III the presence of FREDERICK RANSON. D W McLEOD. . .
1920. PARKS AND PUBLIC LAND. Brisbane Exhibition Lands· Leases Act. 9355 (2. ) AGREEMENT made the Twentieth day of December One thousand nine hundred and seven BETWEEN DALGETY AND COMPANY LIMITED hereinafter called the Assignors of the one part and AUSTRALIAN ESTATES AND MORTGAGE COMPANY LIMITED MOREHEADS LIMITED THE NEW ZEALAND LOAN AND MERCANTILE AGENCY COMPANY LIMITED and DANIEL McLEOD of Brisbane trading as "FENWICK AND COMPANY" and DANIEL MACTAGGART and JOHN MACTAGGART of Brisbane trading as MACTAGGART BROTHERS hereinafter called the Assignees of the other part. WHEREAS the parties hereto are interested as Lessees under :an agreement for lease (intended to precede or to be annexed to this Agreement) made the Twenty-first day of December One thousand nine hundred and four between The Honourable Digby Frank Denham the Secretary for Agriculture as Lessor of the one part and all the said parties hereto as Lessees of the other part AND WHEREAS it has been agreed that the Assignors should retire from the said Agreement in favour of their Co-lessees the Assignees on receiving from the latter the sum of One hundred and fifty pounds and upon these presents being entered into Now THESE PRESENTS WITNESS that in pursuance of the said arrange- ment and in consideration of the sum of One hundred and fifty pounds paid to them by the Assignees upon the execution hereof- the receipt whereof is hereby acknowledged the Assignors acting herein-with the assent of the Lessor and subject thereto Do HEREBY ASSIGN AND TRANSFER unto the Assignees all their rights title interest claims and demands arising under or in respect of the said agreement for lease and particularly to the estate leasehold rights and rights of occupation and tenancy conferred or given by the said agreement AND all their rights of occupation and tenancy in respect of the ground and buildings described in the said agreement and all other the subject matter of the said agree- ment for lease To HAVE AND HOLD the same· unto the Assignees absolutely AND so that as between the Assignees themselves their shares and interests shall be added to in the same proportion as those in which they presently hold the premises (affected by the said agreement) as compared with each other AND the Assignees agree in future to observe perform and keep all the. obligations duties and conditions of the said agreement for lease on the part <If the Lessees and to keep the Assignors freed and indemnified at all times against all the future accruing rent and all the Lessees' ngreements covenants premises obligations and duties made by, or arising under the said agreement or thereby agreed expressly or impliedly agreed to be observed and performed AND both parties agree at the request and expense of the party or parties asking for the same to do execute and perfect all such acts and documents <If further assurance as may reasonably be required of them in "<;onnection with the premises.
9356 PARKS AND PUBLIC LAND. Brisbane Exhibition Lands Leases Act. 10 GEO. V. No. 20, As WITNESS the hands of the parties of the day and year first hereinbefore written. SIGNED. b~ Dalgety ~ nd Com- tDALGETY AND COMPANY pany LImIted by Its duly constituted Attorney ALFRED LIMITEP, DEGILBO WALSH in the presence of by theIr Attorney, R. H. Moss, J.P. ) A. D. WALSH. And by the Australian Estates 1 THE AUSTRALIAN and Mortgage Company Limited I ESTATES AND MORT- by presence of J in the ~ GAGE CO. LTD. JOHN LEAHY, FREDERICK M. RANSON, J.P. Manager. And by Morehe~ ds Limited. by ') MOREHEADS LIMITED JOHN FORREST Its Managmg ) Director in the presence of JOHN FORR~ ST, . . FREDERICK M. RANSON, J.P. ManagIng DIrector. And by The New Zealand Loan \ NEW ZEALAND LOAN AND and JI Mercantile Agency Company MERCANTILE AGENCY Limited by CO. LTD. in the presence of J. MACDONALD, FREDERICK M. RANSON, J.P. Manager·. And by the said DANIEL} MACTAGG~ RT and JOHN MAC- MACTAGGART BROS TAGGART m the presence of . . FREDERICK M. RANSON, J.P. And by the said DANIEL McLEOD in the presence of D. W. McLEOD. FREDERICK M. RANSON, J.P. I WILLIAM STEPHENS of Brisbane being the Secretary f01- Agriculture of the Sta.te of Queensland CONSENT to the foregoing Assignment AND DECLARE that henceforth the said Dalgety and Company Limited shall be free of all obligations arising under the original agreement for lease above referred to. Dated this seventh day of December, 1907. WM. STEPHENS. Witness: ERNEST G. E. SCRIVEN. I (3.) THIS AGREEMENT made the Thirteenth day of November A.D. 1908 BETWEEN THE HONOURABLE WALTER TRUEMAN PAGET of Brisbane in the State of Queensland the Secretary for Agriculture- of the' said State for and on behalf of the Government of Queens- land (hereinafter called the Lessor) of the one part and AUSTRALIAN ESTATES AND MORTGAGE COMPANY LIMITED a C"ompany duly registered and incorporated in England under " The- Companies Acts 1862 to 1890" MOREHEADS LIMITED a Company duly registered and incorporated under *" The Oompanies Acts 1863 to 1896" NEW ZEALAND LOAN AND MERCANTILE AGENCY COMPANY LIMITED a Company duly registered and incorporated under t"The * 27 Vie. No. 4 and amending Acts, supra, pages 186 et 8eq. t 50 Vie. No. 31, supra, page 277.
1920. I PARKS AND ~ UBLIO LAND. ------------------ . Brisbane Exhibition I Lands Leases Act. British Companies Act of 1886" DANIEL WALKER McLEOD of Brisbane aforesaid trading as Fenwick and Company DANIEL MACTAGGART and JOHN MACTAGGART both of Brisbane aforesaid trading as Mactaggart Brothers (hereinafter called the Lessees) of the other part WHEREAS by an agreement bearing date the twenty-first day of December One thousand nine hundred and four and made between The Honourable Digby Frank Denham the then Secretary for Agriculture of the one part and Dalgety and Com- pany Limited therein described and the lessees of the other part it was agreed that a lease should be granted to the said Dalgety and Company Limited and the lessees of that part of the land contained in Deed of Grant No. 78090 generally known as the Exhibition Annexe and more particularly described in the said agreement now under recital for the term of fourteen years from the first day of July One thousand nine hundred and four at the rental for the first five years of the said term of One hundred and fifty pounds per annum for the next succeeding five years at the rental of Two hundred pounds per annum and for the remaining four years of the said term at the rental of Two hundred and fifty pounds per annum payable in the manner therein provided AND WHEREAS by an agreement made the twentieth day of December One thousand nine hundred and seven between the said Dalgety and Company Limited of the one part and the said Lessees of the other part the said Dalgety and Company Limited did for the consideration therein mentioned assign and transfer to the Lessees all their rights title interest claims and demands under the said recited agreement of the twentieth day of December One thousand nine hundred and seven AND WHEREAS it has been agreed between the parties hereto that the lease to which the lessees are entitled under the said recited agreement of twenty-first day of December One thousand nine hundred and four shall be extended for a period of eleven years from the first day of July One thousand nine hundred and eighteen upon the terms and conditions herein declared Now THIS INDENTURE WITNESSETH that the said recited agreement of the twenty-first day of December One thousand nine hundred and four shall be read and construed as if the perioa (Jf the lease thereby agreed to be granted was twenty-five years instead of fourteen years subject to the provisions hereinafter contained and as if the rent for the extended period of eleven years was expressed to be as follows-for the first year Two hundred and fifty pounds per annum for the next five years Three hundred pounds per annum and for the following five years Three hundred and fifty pounds per annum AND IT IS AGREED THAT the Secretary for Agriculture for the time being shall have the right to terminate the lease at any time after the first day of July One thousand nine hundred and eighteen after giving six months' previous notice of his intention so to do AND IT IS FURTHER AGREED that the lessees shall at their own expense erect and carry (Jut the buildings alterations and improvements on the premises agreed to be leased described in a certain letter dated the seventh day of April One thousand nine hundred and eight from the Under Secretary of the Department of Agriculture and Stock to the Secretary of the Brisbane Wool and Grain Brokers Association in the manner within the times and subject to the approval therein set out And that the insurance against fire on the buildings on the 9351
1)358 PARKS AND PUBLIC LAND. Brisbane Exhibitwn Land Leases Act. 10 GIW. V. No. 20, 1920'. land agreed to be leased shall be increased to Four thousand pounds. from the beginning of the alterations AND IT IS ALSO AGREED by the Minister that in case the lease sha],l be terminated by a notice as hereinbefore provided then the Government will pay to the Lessees such part of the whole cost value of the improvements effected by them as will be proportionate to the time which the- lease shall have to run at the time of its termination by notice as; compared with the time between completion of such improvements and the first day of July One thousand nine hundred and twenty- nine - AND LASTLY IT IS AGREED that nothing herein contained shall be construed to affect the rights of the National Agricultural andl Industrial Association of Queensland under the said recited Inden- ture of twenty-first day of December One thousand nine hundred and four which are to be deemed to extend during the extended term of lease hereby provided for. IN WITNESS WHEREOF these presents have been duly executed the day and year first above mentioned. SIGNED by the said THE} HONOURABLE WALTER TRUEMAN PAGET The Secretary for Agri- W. T. PAGET. culture in the presence of ERNEST G. E. SCRIVEN. And by, the said Australian THE AUSTRALIAN f E~ t1l: tes and .Mortgage . co~ pany LImIted by Its duly cons~ Ituted ESTA TES AND MORT- GAGE CO LTD Attorney JOHN LEAHY III the presence of b ·t· Att . y I S orney, FREDERICK M. RANSON.) JOHN LEAHY. II The Common Seal of Moreheads Limited was hereto affixed under the hands of John Forrest and James Munro two of the JOHN FORREST Directors of the said Company . and in accordance with the JAS. MUNRO. Articles of Association in the presence of D. RoWLE'Y, Secretary. SIGNED by. New Zealand Loanl NEW ZEALAND LOAN AND a~ d .MercantI.le Agency Co~ pany MERCANTILE AGENCY LImIted by Its duly const~ tuted COMPANY LIMITED ot Aprtetsoernnceey JOHN MACDONALD III the 1 i b·t Att ' y 1 S orney, FRED. P ASSEY, Brisbane.) J. MACDONALD. And by the said DANIEL' t MACTAGGART and JOHN MAC- I DAN MACTAGGART. TAGGART in the presence of MORLEY CUTLACK. JOHN MACTAGGART. ) And by the. said DANIEL) D. W. McLEOD. t ~ ALKER ~ CLEOD III the presence by his Attorney, GEO. D. MAy. ) J. J. W. McLEOD. *
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