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

                    1.       INTERPRETATION                                                                   4
                             1.1   Commencement                                                              4
                             1.2   Interpretation                                                            4
                             1.3   Definitions                                                               5
                             1.4   Other Expressions                                                         7
                    2.       DEED OF AGREEMENT                                                               7
                             2.1   Application of Act                                                        7
                             2.2   Deed does not attach to the Subject Site                                  7
                             2.3   Deed does not override Development Approval                               7
                             2.4   Deed conditional upon approval of Development Application                 7
                             2.5   Termination of deed                                                       7
                    3.       WORKS TO BE COMPLETED BY APPLICANT                                              8
                             3.1   Completion of Works                                                       8
                             3.2   Standard of Completion                                                    8
                             3.3   Development approval for Works                                            8
                             3.4   Timeframe for completion of Works                                         8
                             3.5   Infrastructure charges                                                    8
                    4.       SECURITY                                                                        8
                             4.1   Provision of a Security                                                   8
                             4.2   Amount of Security                                                        8
                             4.3   Form of a Security                                                        8
                             4.4   Release of a Security                                                     9
                             4.5   Interest earned on Security                                               9
                    5.       DEFAULT OF A DEVELOPMENT OBLIGATION                                             9
                             5.1   Application of this clause                                                9
                             5.2   Notice of Default                                                         9
                             5.3   Enforcement, Performance and Fulfilment of a Development Obligation      10
                             5.4   Recourse to a Security                                                   10
                             5.5   Recovery of an amount as a liquidated debt                               10
                             5.6   Application of an amount received by the Council                         11
                    6.       RIGHT OF ACCESS                                                                11
                             6.1   Access to land by Council or its Agents                                  11
                             6.2   Access to land by Applicant                                              12
                             6.3   Access to land by Council                                                12
                    7.       ASSIGNMENT                                                                     12
                             7.1   Restriction on assignment                                                12
                             7.2   Transfer of the Subject Site                                             12
                    8.       SERVICE                                                                        12
                             8.1   Service by prepaid post                                                  12
                             8.2   Deemed service                                                           12
                             8.3   Proof of service                                                         13
                             8.4   Form of Notice                                                           13




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