2020-10-12 GC Agenda - Item 6 - Attachment 2 - Infrastructure Agreement

Where D = the Index Number for the March quarter immediately preceding the
                  financial year upon which the Infrastructure Contribution is issued as
                  stated in Schedule 2.     ,
3.4   Time for payment
      The Infrastructure Contribution in lieu of off-street parking is to be paid before the
      use approved by the Development permit commences.
3.5   Payment to Council
      The Infrastructure Contribution in lieu of off-street parking shall be paid to Council
      unless the applicant is directed in writing by Council to pay it otherwise.
3.6   Onsite carparking spaces
      In addition to payment of the infrastructure contribution the applicant shall provide
      the number of car parking spaces on the subject site specified in Item 8.
4     GOODS AND SERVICES TAX

      The federal government has determined that rates and utility charges levied by
      local government will be GST free. Accordingly, no component for GST is included
      in this Infrastructure Contribution.

5     DEFAULT BY OWNER OR APPLICANT

5.1.  Rights of the Council on default
      (f the applicant fails to duly perform and fulfil any or all of its obligations under
      Clause 3 the Council may recover from the applicant or the owner the whole or
      any amount of the Infrastructure Contribution not paid and its costs of recovery.
5.2   Application of money
      The Council may apply any sum recovered or received by it pursuant to Clause
      5.1 (rights of the Council on default) as far as the sum may extend to or towards
      all or any one or more of the following:
      (a)  reduction or discharge of the amount payable by the applicant or owner
           under this Deed; and
      (b)  reimbursing itself for the cost of works done and/ or for any damages or costs
           suffered by it as a consequence of such non-payment.
6     RECONFIGURATION OF THE SUBJECT SITE

6.1   Reconfiguring and compliance
      If the Subject Site is reconfigured under the provisions of the Act and the
      obligations under this Deed have been satisfied, then this Deed no longer remains
      attached to the reconfigured lots and the owner’s successors in title are not bound
      by this deed.
6.2.  Reconfiguring and non-compliance
      If the Subject Site is reconfigured under the provisions of the Act and the
      obligations under this Deed have not been satisfied, this Deed remains attached
     to the reconfigured lots and the owner’s successors in title remain bound by this
      deed. -
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