2021-08-16 GC Agenda - Item 7 - Attachment 3 - MCU20-0072 - Deed of Agreement

                     ITEM 2        PROVISION OF VEHICULAR LINK

                                   The Applicant must provide an internal one-way vehicular link from the New Car Park to the
                                   Goodchap Street / Eumundi Noosa Road roundabout exit.


                                       (a)   The Works described in Item 2 Schedule 2 are required to be located generally in
                                             accordance with the conceptual plan identified as Figure 2, to the satisfaction of Council.

                                       (b)   The Applicant must, in conjunction with a development application for operational work,
                                             submit detailed plans and a report prepared by a suitably qualified RPEQ (traffic engineer)
                                             which provides further details about the nature, scope and location of the Works described
                                             in Item 2 Schedule 2, for assessment and approval by Council.

                                       (c)   The Works described in Item 2 Schedule 2 are to be undertaken by the Applicant in
                                             accordance with any development approval granted by Council pursuant to (b) above within
                                             any timeframe stated within that Development Approval.

                                       (d)   However, within 12 months from the commencement of the use the subject of the
                                             Development Approval, the Applicant may submit a detailed traffic impact assessment
                                             prepared by a suitably qualified RPEQ (traffic engineer) in accordance with any applicable
                                             Planning Instrument or guidelines to support a request to delete the requirement to
                                             complete the Works described in Item 2 Schedule 2. An amendment to this document must
                                             be undertaken in accordance with clause 9.10, at the cost of the Applicant.

                                       (e)   Any request made pursuant to (d) above is to be considered and determined by Council, in
                                             the exercise of its sole discretion. In circumstances where Council does not agree to delete
                                             the requirement to complete the Works described in Item 2 Schedule 2, the Applicant must
                                             complete the Works in accordance with the terms of this document without any further
                                             recourse or dispute, within the timeframe stipulated by Council.

                                       (0    In circumstances where Council does agree to a request made pursuant to (d) above, it is
                                             the Applicant's responsibility to lodge and obtain approval for any change applications as
                                             may be required under the Act for an existing development approval given in respect of
                                             the Land.




                                                                              17


Document Set ID: 21573773
Version: 1, Version Date: 30/07/2021