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

Deed of Variation
       a. design and construct the Hofmann Road Extension in accordance with the
       conditions imposed on any approval of the Reconfiguration of a Lot Application,

       b. dedicate any land required for the Hofmann Road Extension.”

9.     Insertion of a new clause 6.8 as follows:

       “6.8 New Public Road

       The Applicant shall, at no cost to Council:

       a.      design and construct the New Public Road (or any part not yet constructed) in accordance with
              the conditions imposed on any approval of the Reconfiguration of a Lot Application; and

       b. dedicate any land required for the New Public Road.”

10.    Insertion of a new clause 6.9 as follows:

       “6.9 Pedestrian Thoroughfare Easement

       The Applicant shall, at no cost to Council, grant the Pedestrian Thoroughfare Easement to Council
       on terms satisfactory to both parties and in accordance with the conditions imposed on any approval
       of the Reconfiguration of a Lot Application.”

11.    Insertion of a new Part 6A as follows:

       “6A BUSHFIRE ACCESS AND PEDESTRIAN CONNECTION

       6.10       Emergency bushfire access to Walter Hay Drive

       The Applicant shall, at no cost to Council, provide an emergency bushfire access to Walter Hay Drive
       on terms satisfactory to both parties and in accordance with the conditions imposed on any approval
       of the Reconfiguration of a Lot Application.

       6.11 Emergency bushfire access to Eenie Creek Road

       The Applicant shall, at no cost to Council, provide an emergency bushfire access to Eenie Creek
       Road on terms satisfactory to both parties and in accordance with the conditions imposed on any
       approval of the Reconfiguration of a Lot Application.

       6.12 Pedestrian connection to Proposed Lot 23

       The Applicant shall, at no cost to Council, provide for pedestrian connection to Proposed Lot 23 in a
       form satisfactory to both parties and in accordance with the conditions imposed on any approval of
       the Reconfiguration of a Lot Application.”

12.    Insertion of a new clause 7.3 as follows:

       “7.3       Dedication of Transit Lot 24

       a. The Applicant shall, at no cost to Council, dedicate to Council the land described as Transit Lot
          24.

       b. For the avoidance of any doubt:

                  i.    Stockwell is not required to construct the transit centre facility on Transit Lot 24;

                  ii.   All carparking required to deliver development on Transit Lot 24 is contained on Transit
                        Lot 24;


HopgoodGanim Lawyers                                                                                    Page 115
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