Common use of General Services Charge Clause in Contracts

General Services Charge. 5.1. The Resident shall pay a recurrent charge to the Scheme Operator in respect of services supplied, or made available, to all residents of the Retirement Village (‘the General Services Charge’). 5.2. The General Services Charge is the amount determined by the Scheme Operator in the manner described in clauses 5.6 to 5.9 as the Resident’s fair proportion of the estimated Total Operating Expenses. 5.3. For the purposes of this clause, ‘Total Operating Expenses’ means the total of all outgoings, costs and expenses of the Scheme Operator, including any GST payable by or to the Scheme Operator, in connection with the ownership, operation, management and administration of the Retirement Village and the Scheme and may include: 5.3.1. all rates and taxes (to the extent they are not prohibited at law from recovery from the Resident), charges, assessments, duties, impositions and fees levied, assessed or charged by any public, municipal, governmental or semi- governmental agency in respect of the Retirement Village (but excluding any GST recoverable under clause 26); 5.3.2. all communal charges for water, gas, oil, electricity, telecommunications, sewerage, waste disposal and other services supplied to the Retirement Village and for the maintenance and repair of all electrical, plumbing, filtration, sewerage and other installations located in the Retirement Village; 5.3.3. all insurance premiums and excesses payable by the Scheme Operator in respect of the Retirement Village against such risks as the Scheme Operator deems necessary or desirable from time to time, including but not limited to public risk and liability, fire, lightning, ▇▇▇▇▇, ▇▇▇▇▇▇▇, water, earthquake, malicious act, explosion, impact and riot or civil commotion; 5.3.4. the costs of all services provided to residents of the Retirement Village by the Scheme Operator or any manager, caretaker, employee or independent contractor employed or engaged by the Scheme Operator, including but not limited to pastoral care; 5.3.5. the costs of minor repairs and day to day maintenance (including preventat ive maintenance) necessary to keep the Retirement Village in good order and condition, including provision at the discretion of the Scheme Operator for future contingencies; 5.3.6. the costs of cleaning, housekeeping and day to day maintenance of the exterior of all accommodation units in the Retirement Village and the interior and exterior of all buildings and other improvements in common use by residents of the Retirement Village; 5.3.7. the costs of the day to day maintenance and caretaking of the gardens, landscaped areas, lawns, pathways, roads and other parts of the Communal Facilities; 5.3.8. the costs of the control and eradication of pests in the Communal Facilities; 5.3.9. the costs of the day to day maintenance, testing and monitoring of firefighting and protection equipment installed in the Retirement Village, including sprinkler systems, hydrants, fire extinguishers and smoke detectors; 5.3.10. the costs of day to day maintenance, monitoring and responding to any emergency alarm system (including associated nursing costs), other security services or emergency care services provided to residents of the Retirement Village; 5.3.11. the outgoings, costs and expenses in respect of the operation and day to day maintenance of motor vehicles, machinery and any bus used in the operation of the Retirement Village or to provide transport services to residents of the Retirement Village, including but not limited to insurance, registration, servicing, oil, petrol and the salaries and wages paid to drivers; 5.3.12. all payments made to or in respect of any manager, caretaker, employee or independent contractor employed or engaged by the Scheme Operator in connection with the Retirement Village or the Scheme including but not limited to wages and salaries, superannuation contributions, sick leave, holiday leave, long service leave, payroll processing, payroll tax, workers’ compensation insurance premiums and other statutory taxes and charges; 5.3.13. the costs of providing accommodation to any manager, caretaker, employee or independent contractor employed or engaged by the Scheme Operator in connection with the Retirement Village; 5.3.14. expenditure incurred in carrying on the business and operations of the Scheme Operator that relates to the operation, marketing, management or administration of the Retirement Village or the Scheme, including but not limited to trade subscriptions, licence fees and consumable items such as stationery and computer consumables; 5.3.15. the costs of management, secretarial, legal, audit, book-keeping, IT, recruitment, accounting and banking services provided in connection with the Retirement Village and the Scheme; 5.3.16. interest on borrowings by the Scheme Operator in connection with the operation, management and administration of the Retirement Village and the Scheme; 5.3.17. the costs of complying with the requirements of any government or statutory authority in connection with the operation, management and administration of the Retirement Village and the Scheme; 5.3.18. the fees of any auditor engaged to resolve any dispute between the Scheme Operator and a resident in respect of the reasonableness or fairness of the calculation of the General Services Charge; 5.3.19. mission and culture; 5.3.20. any items of expenditure carried forward from any previous accounting period; and 5.3.21. any other expenditure properly incurred in respect of the operation, management or administration of the Retirement Village or the Scheme, but excluding amounts payable: 5.3.22. directly by the Resident under this Contract or the Act, or by other residents under their residence contracts or the Act; 5.3.23. for or towards the direct costs of providing Personal Services to residents of the Retirement Village; 5.3.24. for or towards maintaining and repairing the Retirement Village’s capital items that are properly payable out of the Maintenance Reserve Fund; 5.3.25. for or towards replacing the Retirement Village’s capital items that are properly payable out of the Capital Replacement Fund; or 5.3.26. for or towards costs awarded by the Tribunal against the Scheme Operator. 5.4. Clause 5.3 does not oblige the Scheme Operator to provide any of the services referred to therein. 5.5. The Resident must pay the General Services Charge as directed by the Scheme Operator without formal demand and without any deduction by fortnightly instalments in advance or at other times nominated by the Scheme Operator. 5.6. The Scheme Operator will adopt a budget for General Services Charges each financial year. The budget will allow for a reasonable amount to provide the general services for the financial year and will fix the amount to be raised by way of contribution to cover that amount. 5.7. If the estimated Total Operating Expenses as budgeted for a financial year is greater or less than the Total Operating Expenses actually incurred during that financial year, then for the purpose of calculating the General Services Charge payable during the next financial year, the estimated Total Operating Expenses for that next financial year must be increased or decreased accordingly by a sum equal to the difference. 5.8. The total General Services Charges amount is then apportioned between all accommodation units in the Retirement Village as follows: 5.8.1. property services per Sqm 5.8.2. management and administration per Villa/Apartment 5.8.3. facilities management per Sqm 5.8.4. recreational services per Villa/Apartment 5.8.5. pastoral care per Villa/Apartment 5.8.6. second bathrooms per Pedestal Charge If applicable to a particular accommodation unit at any time, the Extra Person Charge referred to in clause 8 forms an additional component of the General Services Charge for that accommodation unit. Costs incurred wholly or partly in providing a service to a particular type of accommodation unit will be further allocated to the relevant accommodation unit type in the proportion reasonably determined by the Scheme Operator. In this clause 5.8:

General Services Charge. 5.1. The Resident shall pay a recurrent charge to the Scheme Operator in respect of services supplied, or made available, to all residents of the Retirement Village (‘the General Services Charge’). 5.2. The General Services Charge is the amount determined by the Scheme Operator in the manner described in clauses 5.6 to 5.9 as the Resident’s fair proportion of the estimated Total Operating Expenses. 5.3. For the purposes of this clause, ‘Total Operating Expenses’ means the total of all outgoings, costs and expenses of the Scheme Operator, including any GST payable by or to the Scheme Operator, in connection with the ownership, operation, management and administration of the Retirement Village and the Scheme and may include: 5.3.1. all rates and taxes (to the extent they are not prohibited at law from recovery from the Resident), charges, assessments, duties, impositions and fees levied, assessed or charged by any public, municipal, governmental or semi- governmental agency in respect of the Retirement Village (but excluding any GST recoverable under clause 26); 5.3.2. all communal charges for water, gas, oil, electricity, telecommunications, sewerage, waste disposal and other services supplied to the Retirement Village and for the maintenance and repair of all electrical, plumbing, filtration, sewerage and other installations located in the Retirement Village; 5.3.3. all insurance premiums and excesses payable by the Scheme Operator in respect of the Retirement Village against such risks as the Scheme Operator deems necessary or desirable from time to time, including but not limited to public risk and liability, fire, lightning, ▇▇▇▇▇, ▇▇▇▇▇▇▇, water, earthquake, malicious act, explosion, impact and riot or civil commotion; 5.3.4. the costs of all services provided to residents of the Retirement Village by the Scheme Operator or any manager, caretaker, employee or independent contractor employed or engaged by the Scheme Operator, including but not limited to pastoral care; 5.3.5. the costs of minor repairs and day to day maintenance (including preventat ive maintenance) necessary to keep the Retirement Village in good order and condition, including provision at the discretion of the Scheme Operator for future contingencies; 5.3.6. the costs of cleaning, housekeeping and day to day maintenance of the exterior of all accommodation units apartments in the Retirement Village and the interior and exterior of all buildings and other improvements in common use by residents of the Retirement Village; 5.3.7. the costs of the day to day maintenance and caretaking of the gardens, landscaped areas, lawns, pathways, roads and other parts of the Communal Facilities; 5.3.8. the costs of the control and eradication of pests in the Communal Facilities; 5.3.9. the costs of the day to day maintenance, testing and monitoring of firefighting and protection equipment installed in the Retirement Village, including sprinkler systems, hydrants, fire extinguishers and smoke detectors; 5.3.10. the costs of day to day maintenance, monitoring and responding to any emergency alarm system (including associated nursing costs), other security services or emergency care services provided to residents of the Retirement Village; 5.3.11. the outgoings, costs and expenses in respect of the operation and day to day maintenance of motor vehicles, machinery and any bus used in the operation of the Retirement Village or to provide transport services to residents of the Retirement Village, including but not limited to insurance, registration, servicing, oil, petrol and the salaries and wages paid to drivers; 5.3.12. all payments made to or in respect of any manager, caretaker, employee or independent contractor employed or engaged by the Scheme Operator in connection with the Retirement Village or the Scheme including but not limited to wages and salaries, superannuation contributions, sick leave, holiday leave, long service leave, payroll processing, payroll tax, workers’ compensation insurance premiums and other statutory taxes and charges; 5.3.13. the costs of providing accommodation to any manager, caretaker, employee or independent contractor employed or engaged by the Scheme Operator in connection with the Retirement Village; 5.3.14. expenditure incurred in carrying on the business and operations of the Scheme Operator that relates to the operation, marketing, management or administration of the Retirement Village or the Scheme, including but not limited to trade subscriptions, licence fees and consumable items such as stationery and computer consumables; 5.3.15. the costs of management, secretarial, legal, audit, book-keeping, IT, recruitment, accounting and banking services provided in connection with the Retirement Village and the Scheme; 5.3.16. interest on borrowings by the Scheme Operator in connection with the operation, management and administration of the Retirement Village and the Scheme; 5.3.17. the costs of complying with the requirements of any government or statutory authority in connection with the operation, management and administration of the Retirement Village and the Scheme; 5.3.18. the fees of any auditor engaged to resolve any dispute between the Scheme Operator and a resident in respect of the reasonableness or fairness of the calculation of the General Services Charge; 5.3.19. mission and culture; 5.3.20. any items of expenditure carried forward from any previous accounting period; and 5.3.21. any other expenditure properly incurred in respect of the operation, management or administration of the Retirement Village or the Scheme, but excluding amounts payable: 5.3.22. directly by the Resident under this Contract or the Act, or by other residents under their residence contracts or the Act; 5.3.23. for or towards the direct costs of providing Personal Services to residents of the Retirement Village; 5.3.24. for or towards maintaining and repairing the Retirement Village’s capital items that are properly payable out of the Maintenance Reserve Fund; 5.3.25. for or towards replacing the Retirement Village’s capital items that are properly payable out of the Capital Replacement Fund; or 5.3.26. for or towards costs awarded by the Tribunal against the Scheme Operator. 5.4. Clause 5.3 does not oblige the Scheme Operator to provide any of the services referred to therein. 5.5. The Resident must pay the General Services Charge as directed by the Scheme Operator without formal demand and without any deduction by fortnightly instalments in advance or at other times nominated by the Scheme Operator. 5.6. The Scheme Operator will adopt a budget for General Services Charges each financial year. The budget will allow for a reasonable amount to provide the general services for the financial year and will fix the amount to be raised by way of contribution to cover that amount. 5.7. If the estimated Total Operating Expenses as budgeted for a financial year is greater or less than the Total Operating Expenses actually incurred during that financial year, then for the purpose of calculating the General Services Charge payable during the next financial year, the estimated Total Operating Expenses for that next financial year must be increased or decreased accordingly by a sum equal to the difference. 5.8. The total General Services Charges amount is estimated Total Operating Expenses are then apportioned between all accommodation units apartments in the Retirement Village as follows: 5.8.1. property The Scheme Operator, in its discretion, allocates the estimated Total Operating Expenses between two categories of general services per Sqm– Fixed Cost Services and Variable Cost Services. 5.8.2. management Without limiting the Scheme Operator’s discretion under clause 5.8.1, Fixed Cost Services as at the date of this Contract include insurance, rates and administration per Villa/Apartmentwaste disposal. 5.8.3. facilities management per Sqm Without limiting the Scheme Operator’s discretion under clause 5.8.1, Variable Cost Services as at the date of this Contract include advertising, audit fees, bank charges, electricity to common areas, chemicals and housekeeping supplies, internet, motor vehicles, mowers, staff transport, photocopy charges, printing, stationery, postage, consumables, repairs and maintenance, telephone, sewerage, communal water charges and wages. 5.8.4. recreational services per Villa/Apartment 5.8.5. pastoral care per Villa/Apartment 5.8.6. second bathrooms per Pedestal Charge If applicable to a particular accommodation unit at any time, After undertaking the Extra Person Charge allocation referred to in clause 8 forms an additional component of 5.8.1, the General Services Charge for that estimated Total Operating Expenses are apportioned to each accommodation unit. Costs incurred wholly or partly in providing a service to a particular type of accommodation unit will be further allocated to the relevant accommodation unit type apartment in the proportion reasonably determined by following manner: (i) Fixed Cost Services: per apartment (ii) Variable Cost Services: average m2 5.8.5. For the Scheme Operator. In purposes of this clause 5.8: (i) “per apartment” means the proportion that the relevant accommodation apartment bears to the total number of accommodation apartments at the Retirement Village that are licensed or made available to be licensed to residents;