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

                    1.4      Other Expressions

                             If a term is not defined in this Document it shall unless the context otherwise requires, have the meaning
                             given to it by:

                             (a)       the Act; or

                             (b)       a relevant local Planning Instrument under the Act if the word is not defined in the Act; or

                             (c)       the Macquarie Dictionary if the word is not defined in the Act or a relevant local Planning Instrument
                                       under the Act.

                    2.       DEED OF AGREEMENT

                    2.1      Application of Act

                             This document constitutes an agreement under section 67 of the Act.

                    2.2      Deed does not attach to the Subject Site

                             This document does not attach to the Subject Site and does not bind successors in title, except where
                             transferred in accordance with the requirements of this document.

                    2.3      Deed does not override Development Approval

                             This document does not override any development approval given in respect of the Subject Site and does
                             not prevail to the extent of any inconsistency with a development approval.

                    2.4      Deed conditional upon approval of Development Application

                             This Deed is conditional upon the development approval taking effect with the applicant
                             proceeding with the development.

                    2.5       Termination of deed

                             A party may give to each other party a Notice which states that it proposes to terminate this document if
                             one of the following events has occurred:

                             (1)         The parties agree in writing as follows:

                                         (a)         the Proposed Development has reached completion and the Development Obligations
                                                     have been performed and fulfilled; and

                                         (b)         to terminate this document;

                             (2)         The parties agree in writing as follows:

                                         (a)         that the performance and fulfilment of this document has been frustrated by an event
                                                     outside of the control of the parties; and

                                         (b)         to terminate this document.

                             A party may at a date, which is 30 Calendar Days after the giving of the Notice under this clause, give to
                             each other party a Notice which states that the document is terminated.




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