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

Deed of Variation
Date


Parties


Noosa Shire Council (Council)


Stockwell NC Pty Ltd ACN 632 359 623 as trustee under instrument 719594542 (Applicant)


Stockwell Development Group Pty Ltd ABN 50 010 095 360 (Stockwell)


Background

A.     The Land is the subject of the Infrastructure Agreement.

B.     Stockwell has lodged with the Council a development application for reconfiguration of a lot with
       respect to Lot 3 on SP246584, which is part of the Land.

C.     Council has publicly notified a draft New Noosa Plan, and subsequently resolved to proceed with it
       (as amended) and to give notice to the Minister requesting its adoption. When adopted by Council,
       the Draft New Noosa Plan will replace the current Noosa Plan 2006.

D.     The Draft New Noosa Plan includes a revised business centre framework plan for The Land which,
       among other things, shows indicative uses and development precincts, proposed roads, proposed
       pedestrian links and character landscape areas.

E.     Stockwell’s development application for reconfiguration of a lot responds to the Draft New Noosa
       Plan and has been designed to accommodate development in accordance with the Draft New Noosa
       Plan.

F.     The parties have agreed to amend the Infrastructure Agreement to align with the development intent
       for The Land as set out in the Draft New Noosa Plan, in accordance with the terms and conditions
       set out in the deed.


Now this deed witnesses


1.     Definitions, interpretation and Commencement

1.1    Definitions

       In this deed:

       Commencement Date means the date when the last party executes this deed.

       Infrastructure Agreement means the agreement dated 3 October 2003 between the Noosa Shire
       Council and the Applicant included as Schedule 1.




HopgoodGanim Lawyers                                                                             Page 1
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