2020-08-31 SM - Item 2 - Attachment 2 - Infrastructure Agreement

Infrastructure Agreement
       Chief Executive Officer means the Chief Executive Officer of the Council and
       includes the person (if any) for the time being acting as Chief Executive Officer.

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

       Council means the Local Government described in Schedule 1 and its predecessors, successors,
       transferees and assigns.

       Development has the meaning given in the Act.

       Easement Plan means the easement plan prepared by Bennett & Francis Pty (reference 034389.60,
       Sheets 1 to 4) dated 13 July 2020 a copy of which is contained in Schedule 4.

       Hofmann Drive Extension means the extension of Hofmann Drive through to Walter Hay Drive as
       shown on the Subdivision Plan as “Hofmann Drive Extension” as required by Special Condition 2(f).

       Local Government has the meaning given in the Local Government Act 2009.

       Lot has the meaning in the Act.

       Lot 23 External Pedestrian Link means the external pedestrian link for lot 23 to the existing
       pathway on Eenie Creek Road and existing Noosa Civic as required by Special Condition 2(c).

       Owner of the Subject Site has the meaning given in the Act for an owner of land.

       Pedestrian Thoroughfare Easement means the proposed 4m wide easement for public pedestrian
       access along the western side of proposed Lots 3 and 4 as identified as Easement AO and AL on the
       Subdivision Plan as “Public Thoroughfare Easement”.

       Purchaser means the purchaser of the Subject Site from the Owner.

       Sell includes transfer, dispose of and alienate and “Sale” has the corresponding meaning.

       Special Conditions means the conditions specified in Schedule 2 with which the Applicant must
       comply.

       Subdivision Application means the development application described in Schedule 1.

       Subdivision Approval means an approval of the Subdivision Application subject to conditions
       generally in accordance with the draft conditions contained in Schedule 7.

       Subdivision Plan means the subdivision plan prepared by Bennett & Francis Pty (reference
       034389.59, Sheets 1 to 4) dated 15 January 2020 a copy of which is contained in Schedule 3, and as
       amended by the conditions contained in the Subdivision Approval.

       Subject Site means the land described in Schedule 1 and includes:

       (a)    any interest or estate in, on, over or under the land; and

       (b)    the airspace above the surface of the land and any estate or interest in the land; and

       (c)    the subsoil of the land and any estate or interest in the subsoil; and

       (d)    any part or parts of the land; and

       (e)    any estate or interest created in respect of any of the above matters



HopgoodGanim Lawyers                                                                             Page 2
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