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

                              Development Obligation means an obligation under this document to be performed and fulfilled by a
                              party or a person under this document.

                              Force Majeure means an event:

                              (a)      being a Commonwealth or State government decree, an act of God, industrial disturbance, act
                                       of public enemy, war, international blockade, public riot, lightning, flood, earthquake, fire, storm
                                       or other physical or material restraint; and

                              (b)      which is not within the reasonable control of the party claiming Force Majeure; and

                              (c)      which could not have been prevented by the exercise by that party exercising a standard of
                                       knowledge, foresight, care and diligence consistent with that of a prudent and competent person
                                       under circumstances

                              Local government has the meaning given in the Local Government Act 2009.

                              New Car Park means the car park to be constructed on the Subject Site in accordance with the
                              development approval given by Council in the form of a negotiated decision notice dated 22 November
                              2019 (Council reference MCU18/0097).

                              Notice means any certificate, demand or notice to be made, given or served by a party under this
                              document.

                              Owner has the meaning given in the Act and is, as at the Commencement Date, the person described in
                              item 5 of Schedule 1.

                              Planning Instrument has the meaning given to it by the Act.

                             Planning Scheme means the planning scheme of the Council applicable for the Subject Site, as amended
                             from time to time.

                             Proposed Development means the development and ongoing use of the Subject Site in accordance with
                             the Development Approval.

                              Security means a surety provided to the Council as identified in Item 9 of Schedule 1 to secure the
                              performance of the Applicant's Development Obligations under this document.

                              Subject Site means the land described in item 6 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.

                             Works means the works identified in Schedule 2 of this document, which forms part of the Development
                             Obligations of the Applicant.




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