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

Infrastructure Agreement

2.     Infrastructure Deed

2.1    Application of Act

       This deed is intended to constitute an infrastructure agreement under the Act

2.2    Conditions precedent

       (a)     This deed is subject to and conditional on:

               (1)     each party unconditionally delivering a full and validly executed deed or counterpart of
                       this deed to the other party; and

               (2)     the Subdivision Approval taking effect under the Act.

       (b)     Each party must use all reasonable endeavours to procure the satisfaction of the condition
               specified in clause 2.2(a)(1).

       (c)     If the conditions in clause 2.2(a) are not satisfied then this deed will be of no force or effect
               and the parties will have the same rights and obligations which they had prior to the date of
               execution of the deed as if this deed had never been executed.

2.3    Condition subsequent

       If the Subdivision Approval lapses or is cancelled under the Act then, to the extent this deed is not
       completed, this deed will automatically cease and determine.

2.4    Deed to bind successors in title

       The parties warrant that it is the intention of the parties that the obligations of the Applicant under this
       deed will attach to the Subject Site and be binding on the Owner and the Owner's successors in title
       in accordance with Section 155 (When infrastructure agreements bind successors in title) of the Act.

2.5    Relationship to 2003 Infrastructure Agreement

       (a)     The parties acknowledge that the 2003 Infrastructure Agreement attaches to the land
               formerly described as Lot 2 on SP110885 and binds Council and the Owner.

       (b)     The parties agree that nothing in this deed derogates from or varies the 2003 Infrastructure
               Agreement (and in particular, clause 10 of the 2003 Infrastructure Agreement) except in the
               manner and to the extent described in the Special Conditions.


3.     Obligations of the Parties

3.1    Warranty of Ownership

       The Landowner warrants that, at the time of signing this deed, it is the Owner of the Subject Site.

3.2    Compliance of Applicant

       The Applicant, at the time at which the Special Conditions are to be met, must at its own cost, comply
       with the Special Conditions and the terms of this Deed.

3.3    Time for compliance

       Subject to the issuing of the Subdivision Approval, and the Subdivision Approval taking effect and not
       lapsing or being cancelled, all contributions and works which the Applicant is required to make or do

HopgoodGanim Lawyers                                                                                  Page 4
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