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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
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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