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

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b. subject to this Agreement having become unconditional pursuant to Clauses 8 and
9, within 1 month of Council advising the Applicant that it has advertised tenders
for the Walter Hay Drive Construction; or

c. contemporaneously with the dedication of Open Space required in Clause 4.1.
whichever is the earliest.
Surplus Parts of Existing Road Reserve

The Council acknowledges that the Applicant will seek to acquire any portions of the
existing road reserve that is generally in the location of the proposed Walter Hay Drive,
adjoining the Land and which is not required for the purposes of Walter Hay Drive. The
Council agrees to support any application made by the Applicant to the Department of
Natural Resources and Mines to acquire any such surplus land for inclusion in the Shire
Business Centre.

OWNERSHIP OF INFRASTRUCTURE
‘ Infrastructure within the Proposed Development

The Applicant will own infrastructure constructed on the Land excluding infrastructure

’ contained in public road dedicated from the Land.

The Applicant agrees to construct and maintain infrastructure constructed on the Land to a

standard acceptable to the Manager until such time as either the Council or the State’

accepts the ownership of infrastructure.

Nothing in this clause binds either the Council or the State to accept ownership of ,

infrastructure within the development. ‘
Infrastructure External to the Proposed Development:

The Council or the State will own infrastructure external to the Land, including works
provided by the Applicant for Walter Hay Drive and Eenie Creek Road.

CONDITIONS PRECEDENT
Conditional Upon Approval of Development Application

This Agreement is conditional upon the Decision Notice taking effect in accordance with
Section 3.5.19 of the Act.

Infrastructure Agreement Terminates

If the Decision Notice does not.take effect in accordance with Section 3.5.19 of the Act,
then this Agreement will automatically cease and determine.

Conditional Upon Applicant Becoming Owner of Land

This Agreement is conditional upon the Applicant completing its purchase of the Land in

accordance with the terms of the contract of sale between the Applicant and the owner of /

the Land.

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