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

 

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col

od

10

8.4

9.1

10.1

10.2

10.3

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Failure to Complete Contract

If the Applicant does not complete the purchase of the Land in accordance with the terms
of the contract of sale referred to in Clause 8.3, then this Agreement may be terminated by
either party giving written notice of termination to the other.

CONDITIONS — SUBSEQUENT
Lapse or Cancellation of Permit
If the Development Permit:
9.1.1 lapses in accordance with Section 3.5.21 of the Act; or

9.1.2 is cancelled upon the request of the Applicant in accordance with Section 3.5.26
of the Act

then, to theextent that this Agreement is not completed, this Agreement will automatically
cease and determine.

FUTURE STAGES OF SHIRE BUSINESS CENTRE

The Shire Business Centre shall be developed in accordance with Master Plan 2, in stages
consistent with the needs of the community.

Description of Stage 1 and Future Stages

a. The Development Application relates to Stage 1 of the Shire Business Centre being
a Retail Centre of 18,300m? TUA, a Showroom/Homemaker Centre of 7,000m?
TUA and a Commercial and Business component of not more than 5,000m? TUA.

b. Future stages of the Shire Business Centre on the Land as contemplated by Master .
Plan 2.

c. Future stages of the Shire Business Centre on land other than the Land as
contemplated by Master Plan 2.

Intent re Stage 1 and Future Stages

This Agreement is intended to give the Applicant certainty as to the contributions and/or
infrastructure charges that will be payable by it or its successors in title in respect of Stage
1 and future stages of the Shire Business Centre on the Land and also to give the Council
correlative certainty as to the contribution to the community that will be made by the
Applicant.

Extent of Immunity of Future Stages of the Shire Business Centre on the Land from
Infrastructure Conditions/Charges

a. Subject to Clause 10.3b, provided that the intensity of development of a Future
Stage does not exceed Master Plan 2, and subject to the provisions of clauses 6.2.3
and 10.4, the Council agrees that having regard to the contributions and physical
infrastructure provided for in this Agreement and the Conditions of Approval in
respect of roads, cycle ways, parks, open space, nature conservation, public

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