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

                    This DEED is made on the date stated in item 1 of Schedule 1.



                     BETWEEN                   The Council

                    AND                        The Applicant & Owner


                     RECITALS

                    A       The Applicant is the Owner of the Subject Site, which currently accommodates the Good Shepherd Lutheran
                            College.

                     B      The Subject Site has road frontages to Eumundi Noosa Road and Walter Hay Drive, with existing vehicular
                            accesses from the Eumundi Noosa Road/Goodchap Street roundabout and from Walter Hay Drive.

                    C       The Applicant caused the lodgement of a development application in relation to the Subject Site, seeking a
                            development permit for a material change of use for an educational establishment (new demountable
                            buildings). The demountables will be located within the existing central staff carparking area, which will
                            become surplus once the new staff carpark is completed.

                    D       The Applicant proposes to undertake works to address carparking, pick up and drop off provision and onsite
                            manoeuvring and to provide for increased queuing distance within the College from Eumundi Noosa Road.
                            These works are intended to be completed at a future date.

                    E       This deed sets out the terms of agreement between the parties as to the scope of the works, timeframe for
                            completion of these works and the provision of a Security for the performance of the works.

                    THE PARTIES AGREE AS FOLLOWS:

                     1.       INTERPRETATION

                    1.1       Commencement

                             This document commences on the Commencement Date.

                    1.2       Interpretation

                              (a)      In this document, unless a contrary intention appears, reference to:

                                       (')     a clause is to a clause in this document; and

                                       (ii)    the singular includes the plural and vice versa; and

                                       (iii)   any gender includes all other genders; and

                                       (iv)    a person includes a firm, a corporation, and association and a body, whether
                                               incorporated or not and a government or statutory entity or authority; and

                                       (v)     legislation (including subordinate legislation) includes;

                                               (A)      statutory instruments under the legislation; and

                                               (B)      consolidations, amendments, re-enactments or replacements of the legislation;
                                                        and



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