PLANNING & ENVIRONMENT REPORT - 132001 210127 3 - FINAL VERSION [As Published]

                   THIS DEED is made on the date stated in item 1.

                   BETWEEN The Council

                   AND               the Owner

                   RECITALS

                  A           The owner has obtained various approvals (216575 DA / 132001.210127.3) in order
                              to construct and operate an aged care facility on the Subject Site.

                   B          The owner has also obtained approvals (RM2022/09056 dated 7 June 2022 and
                              RM2020/53583 dated 7 October 2020) and carried out initial works for the clearing of
                              vegetation for a buffer zone for fire mitigation and access track upgrades on the
                              Council Land.

                   C          The owner has agreed to undertake the following on the Council Land for the period
                              that the aged care facility is being operated on the Subject Site and on the terms set
                              out in this deed:

                              (i)         construct the access track and causeway crossings / stormwater discharge
                                          points upgrades on the Council Land generally in accordance with drawings
                                          General Arrangement Plan STP220347 C102 A dated Jan 2023, Stormwater
                                          Layout STP22-0347 SKO1 dated 21.03.23, Earthworks / Track Layout
                                          STP22-0347 SKO3 dated 23.03.23, Causeway Crossing 1 STP22-0347
                                          SKO5 dated 03.05.23, and Causeway Crossing 2 STP22-0347 SKO6 dated
                                          03.05.23, prepared by STP Consultants;

                              (ii)        maintain the access track and causeway crossings / stormwater discharge
                                          points on the Council Land a minimum of:

                                          (A)     Fire trail (including the track, causeway crossings and stormwater
                                                  discharge): every 3 months

                                          (8)     Fuel Reduction Zone (FRZ): every 3 years

                                          (C)     Slashing/mowing: every 3 months

                              (iii)       maintain the vegetation buffer zone along the north-eastern and south­
                                          eastern boundary of the Subject Site on the Council Land, refer to
                                          RM2022/09056 dated 7 June 2022 and see also RM2020/53583 dated 7
                                          October 2020:

                                          (A)     north-eastern boundary: maximum total width of 20m comprising
                                                  15m as a fire access trail / fuel free zone width and 5m fuel
                                                  reduction zone width;

                                          (8)     south-eastern boundary: maximum total width of 15m comprising a
                                                  15m fuel free zone width.

                              (iv)        obtain the necessary owners' consent and subsequent approvals (e.g.
                                          Operational Works) prior to accessing and undertaking works on the Council
                                          Land.




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Document Set ID: 22389362
Version: 24, Version Date: 05/07/2023