2021-02-25 Special Meeting Agenda

SPECIAL MEETING AGENDA   25 FEBRUARY 2021




                             Page 85 of 112

SPECIAL MEETING AGENDA                                                             25 FEBRUARY 2021

                                                        11

               3.3     Landowners
                       (a)  Landowner 1 and Landowner 2 consent to the Development Obligations
                            attaching to the Development Land under the Planning Act.
                       (b)  A Development Obligation is binding on the Owner of the Development
                            Land and the Owner’s successor in title of the Development Land under
                            the Planning Act.
                       (c)  A Development Obligation is not affected by a change in the ownership
                            of the Development Land or a part of the Development Land.
               3.4     Relationship to an Approval
                       If a Development Obligation is inconsistent with an Approval for the
                       Development Land, the Development Obligation is to prevail to the extent of
                       the inconsistency.
               3.5     Relationship to an Infrastructure Charging Instrument
                       (a)  This document is not intended to limit the nature or type of an
                            Infrastructure Charging Instrument which an Authority may lawfully
                            make for the development of the Development Land.
                       (b)  If a Development Obligation is inconsistent with an Infrastructure
                            Charging Instrument, the Development Obligation is to prevail to the
                            extent of the inconsistency.

               4,      Operation of the Infrastructure Agreement
               4.1     Commencement of the Infrastructure Agreement
                       This document is to be of no effect until the Commencement Date.
               4.2     Termination of the Infrastructure Agreement
                       This document is terminated if the parties agree as follows:
                       (a)  that the performance and fulfilment of this document has been
                            frustrated by an event outside of the control of the parties; or
                       (b)  to terminate this document.

               5.      Deed of agreement
               5.1     Continuing effect as a deed of agreement if not an Infrastructure Agreement
                       In the event that this document is declared not to be an Infrastructure
                       Agreement, as defined by the Planning Act, the parties agree to be bound by
                       the terms of this document as though it were a deed of agreement.

    Document Set ID: 21379346
    Version: 1, Version Date: 27/01/2021

                                                                                         Page 85 of 112