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

                                                                     7



                            Authority means a government, semi-government, local government,
                            statutory, public, ministerial, civil, administrative, fiscal or judicial body or
                            other entity or body with relevant power or authority.
                            Business Day has the meaning in the Acts Interpretation Act 1954 (Qld).
                            Calendar Day means from one midnight to the following one.
                            Chief Executive Officer means the chief executive officer of the Council.
                            Commencement Date means the date on which this document commences
                            as stated in clause 1.3.
                            Council means the Local Government identified in item 1 of schedule 1.
                            Developer means the party identified in item 2 of schedule 1.
                            Development Application means development application lodged by the
                            Developer with the Council reference number MCU19/0114 and RAL
                            19/0027 for a development permit for a material change of use of premises
                            for multiple housing – type 5 (relocatable) and entertainment and business –
                            type 2 (recreation, amusement and fitness) and a development permit for the
                            reconfiguration of a lot, in respect of land described as Lot 33 on MCH 2281,
                            Lot 1 on SP 115864, Lot 2 on SP 115864 and Lot 3 on SP 115864.
                            Development Approval means an Approval given approving the Development
                            Application.
                            Development Land means the land identified in item 3 of schedule 1.
                            Development Obligation means an obligation under this document to be
                            performed and fulfilled by a party.
                            Dispute Notice means a Notice given under clause 8.1.
                            Expert means an expert appointed under clause 8.3.
                            Financial Contribution means the payment of a monetary amount for
                            infrastructure
                            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;
                            (b)        which is not within the reasonable control of the party claiming Force
                                       Majeure; and
                            (c)        which could not have been prevented by that party exercising a standard
                                       of knowledge, foresight, care and diligence consistent with that of a
                                       prudent and competent person under the circumstances.
                            Golf Course means the golf course currently situated on Lot 33 on MCH 2281
                            and Lot 1 on SP 115864
                            GST has the meaning in the GST Act.




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