2017-11-13 General Committee Agenda

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(e)    any estate or interest created in respect of any of the above matters
         “Use” has the meaning given in the Act.
 1.5     Other Expressions
         If a term is not defined in this Deed it shall unless the context otherwise requires, have the
         meaning given to it by:
        (a)       the Act; or
        (b)       the Macquarie Dictionary in the absence of a definition in the Act.
 2      INFRASTRUCTURE DEED

 2.1    Application of Act
        This Deed is intended to constitute an infrastructure agreement under the Act.
 2.2    Deed to bind successors in title

        The Applicant as Owner consents to the obligations of the Applicant under this Deed being
        attached to the Subject Site and binding on the Applicant and the Applicant’s successors in
        title in accordance with Section 155 of the Act.

 2.3    Conditional upon approval of Development Application
        This Deed is conditional upon the Development Permit taking effect in accordance with
        Section 339 of the Repealed Act.
2.4     Infrastructure Deed Terminates
        If the Development Permit does not take effect in accordance with Section 339 of the
        Repealed Act, within 60 calendar days of the Commencement Date or if the decision notice
        approving the Development Application is appealed, this Deed will automatically cease and
        determine.

25      Infrastructure Agreement overrides Development Permit.
        This Deed prevails to the extent of any inconsistency with the Development Permit.
4       PAYMENT OF COMPENSATION

4.1     Satisfaction of Valuation Amount

        The Applicant and the Council agree that subject to any subsequent adjustments pursuant to
        clauses 7 and 8, payment of the valuation amount by the Council is to be satisfied as follows:
        (a)    Construction by the Council of the Frontage Works.
        (b)    Payment to the Applicant of the sum of $71,307.90 (the balance compensation
               amount).

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