Attachment 10 - Infrastructure Agreement DRAFT

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 (21675 DA) in order to construct and
        operate an aged care facility on the Subject Site.

B       The owner has also obtained an approval (RM2022/09056 dated 7 June 2022 and
        see also RM2020/53583 dated 7 October 2020) for the clearing of vegetation for a
        buffer zone for fire mitigation and an access track on the Council Land. 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 crossing, refer to drawings STP21-1452 C100A,
                    C101A, C301A, C302A dated 8 February 2022 prepared by STP
                    Consultants;

        (ii)        maintain the access track (including crossing); and

        (iii)       maintain the vegetation buffer zone along the north-eastern and south-
                    eastern boundary of the Subject Site, 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;

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

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)     a clause is to a clause in this deed; and

                    (ii)     the singular includes the plural and vice versa; and

                    (iii)    any gender includes all other genders; and


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