NC Infrastructure deed signed

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Council and Owner agree reflects increases in the costs of living in Brisbane.
In default of such agreement such Index will be as determined on the
application of either party to the President of the Queensland Law Society Inc
at the relevant time, or his Nominee, acting as an expert and not as an
arbitrator and whose decision shall be conclusive.

‘Infrastructure Contribution” means:

(a) a monetary contribution or charge for trunk infrastructure that is required
as a condition of, or triggered by, the Development Permit;

(b) a land and/or works contribution that is trunk infrastructure and is
required as a condition of the Development Permit; or

(c) a monetary contribution in lieu of off-street parking as detailed in
Schedule 2.

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

“Local Government Area” has the meaning given in the Local Government Act
2009.

“Lot” has the meaning in the Act.

“Notice” means any certificate, demand or notice to be made, given or served
by a party under this deed.

“Owner” of the Subject Site means the person described in item 4A.

“Planning Scheme” means the planning scheme of the Council applicable for
the Subject Site.

“Planning Scheme Policies” means the Planning Scheme Policies in respect
of Infrastructure Contributions applying generally in the Noosa Shire Council
Local Government Area over the Subject Site.

“Proponent” means the person described in and having its address at the
place described in item 4 and includes:

(a) successors and permitted assigns in the case of a corporation,
association or other body whether incorporated or not; and

(b) executors, administrators and permitted assigns in the case of a natural
person.

“Public Office” has the meaning given in the Local Government Act 2009.
“Purchaser” means the purchaser of the Subject Site from the Owner.
“Relevant Period” has the meaning given in the Act.

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

“Special Conditions” means the conditions specified in item 6 with which the
Owner and Proponent must comply.

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