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

                                       (vi)      writing includes any mode of representing or reproducing words in tangible and
                                                 permanently visible form and includes facsimile transmission; and

                                       (vii)     this or any other document includes the document as varied or replaced and is not
                                                 affected by any change in the identity of the parties; and

                                       (viii)    a day is a calendar day.

                              (b)      Whenever more persons than one constitute a party, all the covenants, deeds, conditions,
                                       restrictions and provisos on the part of that party contained or implied in this document bind those
                                       persons jointly and each of them severally.

                              (c)      This deed is in all respects to be interpreted in accordance with the laws of the State of
                                       Queensland, and the parties irrevocably and unconditionally submit to the non-exclusive
                                       jurisdiction of the courts of that state and any courts which have jurisdiction to hear appeals from
                                       them, and waive any right to object to proceedings being brought in those courts.

                              (d)      Nothing contained in this document affects, prejudices or derogates from the requirements of
                                       any statute or from the rights, powers and authorities of the Council under the provision of any
                                       statute or under any declared policy of the Council.

                              (e)      All schedules to this deed form part of this document and a reference to an item is a reference
                                       to an item in Schedule 1 unless stated otherwise.

                     1.3      Definitions

                              In this document

                              Act means the Planning Act 2016.

                              Agents means any servants, agents, contractors, subcontractors or any other third parties which are
                              engaged by Council to enforce or discharge the Development Obligations, rights or entitlements of the
                              Council under this document.

                              Applicant means the person described in and having its address at the place described in item 4 of
                              Schedule 1 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.

                              Calendar Day has the meaning given in section 36 of the Acts Interpretation Act 1954 (Qld).

                              Chief Executive Officermeans the Chief Executive Officer of the Council and includes the person (if any)
                              for the time being acting as Chief Executive Officer.

                              Commencement Date is the date when the last party executes this document.

                              Council means the Local Government described in Item 3 of Schedule 1 and its predecessors,
                              successors, transferees and assigns, employees and agents.

                              Development Application is the development application lodged in respect of the Subject Site as
                              described in Item 6 of Schedule 1 of this document.

                              Development Approval is the development approval given in respect of the Development Application as
                              described in Item 7 of Schedule 1 of this document.



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