2021-03-15 GC Agenda - Item 9 - Attachment 5 - MCU19-0114 & RAL19 0027 Infrastructure Agreement (44 pages)

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                3.3         Landowners
                            (a)    Landowner 1 and Landowner 2 consent to the Development Obligations
                                   attaching to the Development Land under the Planning Act.
                            (b)    A Development Obligation is binding on the Owner of the Development
                                   Land and the Owner’s successor in title of the Development Land under
                                   the Planning Act.
                            (c)    A Development Obligation is not affected by a change in the ownership
                                   of the Development Land or a part of the Development Land.
                3.4         Relationship to an Approval
                            If a Development Obligation is inconsistent with an Approval for the
                            Development Land, the Development Obligation is to prevail to the extent of
                            the inconsistency.
                3.5         Relationship to an Infrastructure Charging Instrument
                            (a)    This document is not intended to limit the nature or type of an
                                   Infrastructure Charging Instrument which an Authority may lawfully
                                   make for the development of the Development Land.
                            (b)    If a Development Obligation is inconsistent with an Infrastructure
                                   Charging Instrument, the Development Obligation is to prevail to the
                                   extent of the inconsistency.


                4.          Operation of the Infrastructure Agreement
                4.1         Commencement of the Infrastructure Agreement
                            This document is to be of no effect until the Commencement Date.
                4.2         Termination of the Infrastructure Agreement
                            This document is terminated if the parties agree as follows:
                            (a)        that the performance and fulfilment of this document has been
                                       frustrated by an event outside of the control of the parties; or
                            (b)        to terminate this document.


                5.          Deed of agreement
                5.1         Continuing effect as a deed of agreement if not an Infrastructure Agreement
                            In the event that this document is declared not to be an Infrastructure
                            Agreement, as defined by the Planning Act, the parties agree to be bound by
                            the terms of this document as though it were a deed of agreement.




Document Set ID: 21379346
Version: 1, Version Date: 27/01/2021