132001.210127.3 - Change To Development Approval - Changing Shared Rooms To Single Rooms - Ozcare - 100 Cooyar Street, Noosa Heads · Attachment 3 - 132001.210127.3 - Infrastructure Agreement

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

      "Special Conditions" means the conditions specified in item 6 of Schedule 1 with
      which the Owner must comply.

      "Subject Site" means the land described in item 5 of 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.

      "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.

1.6   Rights and Obligations

      Where rights or obligations are in respect to any contributions or works those rights
      shall be rights in favour of Council and those obligations shall be obligations to
      Council.

2.    INFRASTRUCTURE DEED

2.1   Application of Act

      This Deed constitutes an infrastructure agreement under the Act.

2.2   Warranty of Ownership

      The owner warrants that, at the time of signing this agreement, it is the owner of the
      land.

2.3   Deed to bind successors in title

      The owner consents to the obligations under this Deed being attached to the Subject
      Site and 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.

2.4   Deed conditional upon approval of Development Application




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