Attachment 5 - Deed of Variation to Infrastructure Agreement (22.01.20).pdf

Deed of Variation
       ecological purposes and is hatched on the plan in Annexure 2, with its area
       reduced to align with the area identified as “Character Landscape” on the Draft
       Framework and Character Plan (that is, up to the southern boundary of the 5000sqm Transit Lot 24
       identified in pale yellow on the Subdivision Plan) .”

5.     Insertion of a new Clause 3.4:

       “3.4 Compliance with Clauses 4.6c, 6.7, 6.8. 6.9, 6.10, 6.11 and 6.12 and 7.3

       a. The obligations of the Applicant in Clauses 4.6c, 6.7, 6.8. 6.9, 6.10, 6.11 and 6.12 and 7.3 are
          subject to and conditional upon:

               i.    the Reconfiguration of a Lot Application being approved and taking effect;

               ii.   the approval for the Reconfiguration of a Lot Application not lapsing; and

               iii. the approval for the Reconfiguration of a Lot Application not being cancelled.

       b. If the Applicant is obliged to comply, the time for compliance is contemporaneously with sealing
          of the plan for the reconfiguration or an earlier time at the Applicant’s sole discretion”.

6.     Insertion of a new Clause 4.6 as follows:

       “4.6 Open Space Area G

       For the avoidance of doubt, the parties acknowledge that:

       a. The area of Open Space Area G (which, in this clause, is taken to be a reference to Open Space
          Area G without incorporating the amendments shown on the Draft Framework and Character
          Plan) is reduced under the Draft Framework and Character Plan;

       b. The reduction in the area of Open Space Area G as shown on the Draft Framework and
          Character Plan does not alter:

               i.    the deemed contribution to community infrastructure - private open space provided by
                     clause 4.3;

               ii.   the immunity provided by clause 4.4 of the Infrastructure Agreement; or

               iii. the limitation on buffers, building setbacks and land requirements provided by clause 4.5.

       c.   The Applicant will amend the covenant over The Land so that the extent of Covenant J accords
            with the reduced area of Open Space Area G.”

7.     Insertion of a new Clause 4.7 as follows:

       “4.7 Koala habitat trees acknowledgement

       For the avoidance of doubt, the parties acknowledge that performance of Stockwell’s obligations
       under Clauses 4.1 to 4.3 of the Infrastructure Agreement is intended to fully offset the residual impact
       of any clearing of koala habitat trees required to undertake development of the Shire Business
       Centre as contemplated by Master Plan 2 (and where, to the extent relevant, amended by the Draft
       Framework and Character Plan)”.

8.     Insertion of a new clause 6.7 as follows:

       “6.7 Hofmann Drive Extension

       The Applicant shall, at no cost to Council:


HopgoodGanim Lawyers                                                                              Page 114
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