Attachment 10 - Infrastructure Agreement DRAFT

      “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.

      “Council Land” means the land described in item 7 of Schedule 1.

      “development” has the meaning given in the Act.

      “Infrastructure Contribution” mean the maintenance contribution 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 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.

      “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 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

      (e)     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:


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