MCU16/0070.01 Application For A Minor Change To A Development Approval For A Material Change Of Use Of Premises - Commercial Business Type 3 - Veterinary At 69 Mary Street, Noosaville · Attachment 4 - (MCU16/0070.01) - Infrastructure Agreement

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THIS DEED is made on the date stated in item 1. BETWEEN The Council AND the Applicant AND the Owner RECITALS A The applicant is Petrus Serfontein and Colette O'Donnell as trustees for the P&C Serfontein Trust and the owner is Petrus Johannes Serfontein TTE and Colette Brigette O'donnell TTE. Bs‘ The applicant lodged a development application in relation to the Subject Site. C The applicant has made a request to the Council that it provide fewer on-site car parking spaces for the development proposed by the development application than would otherwise be required under the planning scheme. D __—‘ The applicant proposes a contribution be paid for the shortfall in the number of car parks which would otherwise be required. IT IS AGREED 1 INTERPRETATION 1.1 Nature of Deed This deed accords with Clause 2. 1.2 Commencement This deed commences on the Commencement Date. 1.3 Interpretation (a) In this deed, unless a contrary intention appears, reference to: (i) aclause is to a clause in this deed; and (ii) | the singular includes the plural and vice versa; and (ii) | any gender includes all other genders; and (iv) a person includes a firm, a corporation, an association and a body, whether incorporated or not and a government or statutory entity or authority; and (v) legislation (including subordinate legislation) includes: (A) statutory instruments under the legislation; and (B) consolidations, amendments, re-enactments or replacements of the legislation; and Page 3 of 13

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(vi) writing includes any mode of representing or reproducing words in tangible and permanently visible form and includes facsimile transmission; and (vii) this or any other deed includes the deed as varied or replaced and is not affected by any change in the identity of the parties; and (viii) a day is a Calendar Day (d) Whenever more persons than one constitute a party, all the covenants, deeds, conditions, restrictions and provisos on the part of that party contained or implied in this deed bind those persons jointly and each of them severally. (e) This deed is in all respects to be interpreted in accordance with the laws of the State of Queensland, and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state and any courts which have jurisdiction to hear appeals from them, and waive any right to object to proceedings being brought in those courts. (f) | Nothing contained in this deed affects, prejudices or derogates from the requirements of any statute or from the rights, powers and authorities of the Council under the provision of any statute or under any declared policy of the Council. (i) | All schedules to this deed form part of this deed and a reference to an item is a reference to an item in Schedule 1 unless stated otherwise. (j) | Terms used in the Special Conditions which are not otherwise defined in Clause 1.4 (Definitions) shall have the meanings assigned to them in the Council's Planning Scheme. 1.4 Definitions In this deed: “Act” means the Planning Act 2016 (the “Act’). Applicant means the person described in and having its address at the place described in item 4 of Schedule 1 and includes: (a) successors and permitted assigns in the case of a corporation, association or other body whether incorporated or not; and (b) executors, administrators and permitted assigns in the case of a natural person. “Calendar Day” has the meaning given in section 36 of the Acts Interpretation Act 1954 (Qld). “Chief Executive Officer’ means the Chief Executive Officer of the Council and includes the person (if any) for the time being acting as Chief Executive Officer. “Commencement Date” means the date when this deed commences being the date when the last party executes this deed “Council” means the Local Government described in Item 3 of Schedule 1 and Its predecessors, successors, transferees and assigns. Page 4 of 13

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“Development” has the meaning given in the Act. “Development application and development permit” have the meanings given in the Act and are identified in Item 7 of Schedule 1. “Index Number” means the Consumer Price Index - Index Numbers; All Groups CPI for Brisbane produced by the Australian Bureau of Statistics. If the said Index is suspended or discontinued or if different factors are used to determine the same Index, the Index Number shall be such an Index as the Council and Owner agree reflects increases in the costs of living in Brisbane. In default of such agreement such Index will be as determined on the application of either party to the President of the Queensland Law Society Inc at the relevant time, or his Nominee, acting as an expert and not as an arbitrator and whose decision shall be conclusive. Infrastructure
5	1	1	3	9	2	848	943	163	42	96	charges
5	1	1	3	9	3	1027	942	139	34	73	notice has the meaning given in the Act. “Infrastructure Contribution” mean the contribution in lieu of car parking spaces required under clause 3.2. “Local government" has the meaning given in the Local Government Act 2009. “Local government area” has the meaning given in the Local Government Act 2009. “Lot” has the meaning given in the Act. “Notice” means any certificate, demand or notice to be made, given or served by a party under this deed. “Owner” has the meaning given in the Act and is the person described in item 4A of Schedule 1. “Planning Scheme” means the planning scheme of the Council applicable for the Subject Site. “Special Conditions” means the conditions specified in item 6 of Schedule 1 with which the Owner and Applicant must comply. “Subject Site” means the land described in item 5 of Schedule 1 and includes: (a) any interest or estate in, on, over or under the land; and (b) the airspace above the surface of the land and any estate or interest in the land; and (c) the subsoil of the land and any estate or interest in the subsoil; and (d) any part or parts of the land; and (@) any estate or interest created in respect of any of the above matters. “Use” has the meaning given in the Act. 1.5 Other Expressions If a term is not defined in this Deed it shall unless the context otherwise requires, have the meaning given to it by: (a) the Act; or (b) the Macquarie Dictionary in the absence of a definition in the Act. 1.6 Rights and Obligations Page 5 of 13

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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 Page 6 of 13

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Where B = the Additional Networks Infrastructure Contribution identified in Schedule 2. Where C = the Index Number for the March quarter immediately preceding the financial year in which the Infrastructure Contribution is being paid; and 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 If 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 Page 7 of 13

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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. 7 SERVICE 7.1 Service by prepaid post A Notice is sufficiently made, given or served by a party if left at or forwarded by prepaid post in an envelope addressed to the other party or any of them (where there are more persons than one person comprising the other party) at the address of that party specified in Schedule 1. 7.2 Deemed service A Notice if sent by prepaid post is deemed to have been made, given or served at the time when in the due course of the post it would be delivered at the address to which it is directed whether or not it is actually received. 7.3 Proof of service In proving service of a Notice made, given or served by the Council it is only necessary for the Council to certify to that effect under the hand of the Chief Executive Officer. 7.4 Form of Notice (a) A Notice given by a party must be in writing and signed by the party. (b) A Notice given by a party may be signed by an officer of that party or the solicitor for that party. (c) A party receiving a Notice is not obliged to enquire as to the authority of the person signing the Notice. 8 MISCELLANEOUS 8.1 Payment of costs The applicant shall pay the Council’s legal costs of and incidental to the preparation and execution of this Deed on a solicitor own client basis. 8.2 Time Time is, in all cases, of the essence. 8.3 Place for payment of monies Page 8 of 13

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All monies payable to Council under this deed are payable free from all deductions at the address of Council specified in Schedule 1. 8.4 Waiver No waiver by the Council of any breach by the applicant or owner of any of the provisions of this Deed shall be implied against the Council or be otherwise effective unless it is in writing under the hand of the Chief Executive Officer. 8.5 Laches and delay No laches or delay by the Council at any time or times in enforcing any of its rights, powers and the like under this Deed prejudice or affect those rights or powers. 8.6 Severance If any provision of this Deed cannot be given effect or full force and effect by reason of statutory invalidity that provision shall be severed or read down but so as to maintain and uphold so far as possible the remaining provisions of this deed. 8.7 Warranty of authority Any person signing this Deed: (a) as attorney of any party warrants to the other parties that at the date of execution that person has not received any notice or information of the revocation of the power of attorney appointing that persons; and (b) as an authorised officer, agent or trustee of any party warrants to the other parties that at the date of execution that person has full authority to execute this deed in that capacity. 8.8 Further assurances Each party agrees at its cost to do everything reasonably necessary to give effect to this Deed. 8.9 Amendment of deed (a) Despite any provision of this Deed, the parties may at any time agree to vary the terms of this Deed (b) No modification, variation or amendment of this Deed is of any force or effect unless: (i) it is in the form of an amendment Deed and has been signed by the parties; and (ii) where relevant the amendment Deed complies with the requirements of the Act. Page 9 of 13

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SCHEDULE 1 Deed Details ITEM 1 Date The Commencement Date ITEM 2 Name of Deed Infrastructure Deed in respect of payment of car parking contributions for a development permit for a Minor Change to a Development Permit for Material Change of Use of Premises - Commercial Business Type 3 - Veterinary ITEM 3 Council NOOSA SHIRE COUNCIL 9 Pelican Street, Tewantin in the State of Queensland PO Box 141, Tewantin QLD 4565 ITEM 4 applicant Petrus Serfontein and Colette O'Donnell as trustees for the P&C Serfontein Trust 69 Mary Street NOOSAVILLE 4566 ITEM4Q = owner Petrus Johannes Serfontein TTE and Colette Brigette O'Donnell TTE 69 Mary St NOOSAVILLE QLD 4566 ITEM 5 Subject Site Lot 1 RP 64833 County of MARCH Parish of WEYBA 69 Mary Street, Noosaville ITEM 6 Special Conditions The Infrastructure Contribution must be paid in accordance with clause 3.2 of this deed ITEM 7 Development Application MCU16/0070.01 - Minor Change to a and Permit Development Permit for Material Change of Use of Premises - Commercial Business Type 3 - Veterinary ITEM 8 Number of onsite 11 (Eleven existing), Zero Additional carparking to be provided Page 10 of 13

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SCHEDULE 2 Contribution in lieu of off-street parking The Contributions in lieu of off-street parking are detailed in Table 1: Table 1 Contributions in lieu of off-street parking Amount Payable INFRASTRUCTURE CONTRIBUTION Current at: 2023-2024 Financial Year Contribution in lieu of off-street parking for 1 (one) car park $17,963.00 spaces ’ . TOTAL = (Subject to indexation applicable at date of payment) $17,963.00 PAYMENT OF THE INFRASTRUCTURE CONTRIBUTION i. The monetary contribution is payable in accordance with this Infrastructure Agreement. ii. | The monetary contribution is payable before the use commences. The contribution is to be paid to Noosa Council. iii. | Methods of payment ae ~~ T Cheque or money order to be made payable to: Noosa Council = PO Box 141, Tewantin, QLD 4565 Noosa Council Tewantin office: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays) Mastercard or Visa only Note: All payments made by credit card will incur a 0.5% surcharge to reflect the cost of fees charged for credit card transactions. Payment by electronic transfer direct to Council's Bank Account is only available by special arrangement. Contact Infrastructure Enquiries: iv. Please contact Council directly via telephone on: (07) 5329 6211 or 5329 6449 during office hours or alternatively via email: [email protected] a minimum of 5 business days prior to payment of the infrastructure contributions for the current indexed amounts applicable at the time of payment. 11 of 13

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EXECUTED AS A DEED. This deed dated this day of 2023 BETWEEN NOOSA SHIRE COUNCIL a Local Government duly constituted under the provisions of the Loca! Government Act 2009 (“Council”) AND PETRUS SERFONTEIN AND COLETTE O'DONNELL AS TRUSTEES FOR THE P&C SERFONTEIN TRUST (“the applicant’) AND PETRUS JOHANNES SERFONTEIN TTE AND COLETTE BRIGETTE TTE (“the owner’) SIGNED SEALED AND DELIVERED by the ) delegated officer for and on behalf of the ) ee NOOSA SHIRE COUNCIL ) Signature ) ) Name © ) A Fa se OETD eee Ret ) Dated Signed/Executed by the applicant: PETRUS SERFONTEIN AND COLETTE O'DONNELL AS TRUSTEES FOR THE P&C SERFONTEIN TRUST (If a company In accordance with Section 127 of the Corporations Act 2001) Laver OL dante. LETRAS... SCR FON TED (Director/Company Secretary Name) (Director Name) db e Ln! qos nn / Ce see Wain eccasutyatyn eines tersiasansasonanss otk E22: A... Pl (Date) (Date) In the presence of Witness being a Justice of the Peace: Wann, Nill L<= ce Cn (Name) 5 ems %, é = > : * Justices of WW yo Bats o) Le 854Metoure gran” (Signature) Co - Kc “Ph apne LD 4108 dP [Ove “SOE garcons’ E p@usece at gov ay (26284. (UY / os hb dj. 12 of 13

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Signed/Executed by owner: PETRUS JOHANNES SERFONTEIN TTE AND COLETTE BRIGETTE TTE (If a company, in accordance with Section 127 of the Corporations Act 2001) cotter Ol Jammie. [ETsus... Sh fend TEM, oe “fecal ame) (Director Name) POPP IS cna he OPP (Date) (Date) In the presence of Witness being a Justice of the Peace: oan ase Mb Cleccsesseeeeee (Name) (Signature) THE eer, 7 Bs S yeni Or C’ Justices of the Peace Branch Level 6/154 Melbourne Street South Brisbane OLO 4109 Ph: 1300 301 147 E: [email protected] 13 of 13