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2017-11-13 General Committee Agenda

of 64

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Page 30 of 64

THIS DEED is made on the date stated in item 1.

 BETWEEN       The Council
 AND            the Applicant
 AND            Mortgagee 1
 AND            Mortgagee 2

 RECITALS

A       The Applicant is the owner of the Subject Site.
B       Mortgagee 1 is the mortgagee under Mortgage Number 717895184 as tenant in common for
        a 9221/10000 share and the mortgagee under Mortgage Number 717895206 registered
        against the Subject Site.
C       Mortgagee 2 is the mortgagee under Mortgage Number 717895184 as tenant in comment for
        a 779/10000 share.
D       The Applicant has lodged the Development Application.
E       The Council intends to carry out certain roadworks at Hilton Terrace and Ernest Street in
        Tewantin (“the Council Roadworks”) which will include road widening of approximately
        135mz2 over the Subject Site as shown on the drawing in Schedule 2A hereto ("the Acquired
        Land").
G       The Applicant has agreed to dedicate the Acquired Land as road.
H       The Applicant has requested that in conjunction with the Council Roadworks, the Council carry
        out upgrading works to the frontage of Hilton Terrace, Ernest Street and Earl Street (“the
        Frontage Works”).
|      The Council Roadworks and the Frontage Works are shown on the drawing in Schedule 2B
        hereto

J      The Frontage works, the cost of which is estimated at $146,492.10 are more particularly
       described in Schedule 3 hereto.

H      The Applicant and the Council agree that the value of the Acquired Land is $217,800 (“the
       Valuation Amount”).
I      The Applicant and Mortgagee 1 and Mortgagee 2 are "affected persons" under Part 3 of the
       Acquisition of Land Act 1967 as amended.

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                                                                                     Page 30 of 64
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