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

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The extent of funding responsibility of the Applicant to make a monetary contribution
under this infrastructure agreement is shown in Annexure 4 and includes:

a. a northern roundabout on proposed Walter Hay Drive providing access to the
proposed development and associated road work;

b. two northbound lanes on Walter Hay Drive between Eenie Creek Road roundabout
and the northern roundabout on proposed Walter Hay Drive providing access to the
proposed development referred to in clause 6.3.2 a; and

¢. a southern roundabout providing access to the proposed development on the section
of the proposed Walter Hay Drive to the south of the roundabout referred to in clause
6.3.2 a and associated road work. :

6.3.3 Southern Roundabout

The.parties agree that:

a. The southern roundabout access referred to in clause 6.3.2 ¢ is not required in respect
of the Development Application;

b. The Applicant could be lawfully conditioned to provide the southern roundabout in

connection with an application for a Development Approval for a Future Stage;

c. Additional construction costs would be incurred in altering Walter Hay Drive to
include the southern roundabout when a Future Stage is developed;

‘| The Applicant will make a monetary contribution to enable the southem roundabout

to be constructed contemporaneously with the construction of Walter Hay drive, to
avoid the additional costs referred to in clause 6.3.3 c.

6.3.4. Design and Supervision Costs (erent

The Applicant agrees to pay:

a.  Council’s reasonable design. costs for the works in clauses 6.3.2 a to c inclusive; and

b.  Council’s supervision / administration costs for the works in clauses 6.3.2 a to c
inclusive calculated at 2.5% of the estimated cost of Walter Hay Drive Works as
determined by clause 6.3.6.

6.3.5 Timing of Walter Hay Drive Works

The Council agrees to have the works listed in clauses 6.3.2 a to b completed by 31*
January 2006.

The Council also agrees to use its best endeavours to have the remaining works for Walter
Hay Drive Construction completed by 31" January 2006.

6.3.6 Cost of Walter Hay Drive Works

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