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2020-01-13 General Committee Agenda

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GENERAL COMMITTEE MEETING AGENDA   13 JANUARY 2020




                                     Page 53 of 172

GENERAL COMMITTEE MEETING AGENDA                                                                13 JANUARY 2020

                1.6   Rights and Obligations
                      Where rights or obligations are in respect to any contributions or works those rights
                      shall be rights in favour of Council and those obligations shall be obligations to
                      Council.
                2     INFRASTRUCTURE DEED
                2.1   Application of Act
                      This Deed constitutes an infrastructure agreement under the Act.
                2.2   Warranty of Ownership
                      The owner warrants that, at the time of signing this agreement, it is the owner of
                      the land.
                2.3.  Deed to bind successors in title
                      The owner consents to the obligations of the applicant under this Deed being
                      attached to the Subject Site and binding on the owner and the owner’s successors
                      in title in accordance with Section 155 (When infrastructure agreements bind
                      successors in title) of the Act.
                2.4   Deed conditional upon approval of Development Application
                      This Deed is conditional upon the development permit taking effect.
                3     INFRASTRUCTURE CONTRIBUTION
                3.1   Infrastructure Agreement overrides Development Permit
                      This Deed applies to the extent of any inconsistency with the development permit
                      and the Infrastructure Contribution payable hereunder is in addition to any
                      conditions of, or payments required by, the development permit and/or any
                      infrastructure charges notice given in respect of the development.
                3.2.  Contribution in lieu of off-street parking
                      The applicant must pay the Council the greater of:
                      (a)   the amount identified in Schedule 2 of this Deed; or
                      (b)   the amount calculated in accordance with the formula in Clause 3.3.
                3.3   Indexed Infrastructure Contribution in lieu of off-street parking
                      The Infrastructure Contribution in lieu of off-street parking payable, identified in
                      Schedule 2, shall be indexed annually for a financial year in accordance with the
                      following formula:-
                      A=BxC
                            D
                      Where A= the Indexed Infrastructure Contribution amount at the time the
                                   payment is made
                      Where B= the Additional     Networks   Infrastructure Contribution identified in         J
                                   Schedule 2.
                                                                                                                 J
                                                      Page 6 of 12

                                                                                                    Page 53 of 172
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