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

 

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10.4

10.5

11.1

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recreational facilities (land, cycle and pedestrian pathways), bushland preservation,
urban drainage, water quality, or waterway management, the Applicant and its
successors in title shall not be required in respect of Future Stages of the Shire
Business Centre on the Land to undertake work, pay contributions (by way of
conditions imposed on any application) on account of, nor to pay infrastructure
charges levied in accordance with the Act for works external to the Land relating to
roadworks, cycle ways, parks, open space, nature conservation, public recreational
facilities (land, cycle and pedestrian pathways), bushland preservation, water
quality, or waterway management.

b. The Applicant may be required to undertake work, pay contributions, or pay
infrastructure charges to the extent that the intensity of the development proposed

for a Future Stage exceeds the intensity of development envisaged under Master
Plan 2.

c. For avoidance of doubt, the references to intensity of development in Clauses 10.3a
and b have regard to the extra demand that would be placed upon infrastructure ©
through any increase in the intensity of development.

Future Stages Not Immune From Urban Water Cycle and Sewerage Headworks |
Contributions/Charges

a. Notwithstanding the provisions of Clause 10.3, the Applicant accepts that it will be
required to pay headworks charges for water supply and sewerage infrastructure
external to the Land by way of conditions or infrastructure charges, lawfully levied
at the rates applicable at the relevant time or times in respect of applications for
development approvals for Future Stages of the Shire Business Centre on the Land.

b. For avoidance of doubt, the Applicant shall not be required to pay any further
contributions or infrastructure charges for water supply or sewerage infrastructure
consequent upon the approval of further Development Applications for Stage 1
above those required by the conditions of approval. :

Future Stages of the Shire Business Centre not on the Land as contemplated by Master
Plan 2

With regard to any application for a development permit for Future Stages of the Shire
Business Centre not on the Land, whether or not made by the Applicant, this Agreement
notes that Council, at its special meeting of 30" July 2003, Council resolved that it was not
satisfied that infrastructure required by the Conditions of Approval is of such benefit to the
owner of lot 1 on RP 215933 that would require a. reimbursement by the owner to the
Applicant ,

The Council may, however, consider reimbursement to the Applicant if Council receives a
contribution other than from the Applicant toward the cost of intersection works required
by Clauses 6.2.2 or 6.2.3.
GST

Definitions

In this clause:

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