Attachment 10 - Infrastructure Agreement DRAFT

      (a)      the Act; or

      (b)      the Macquarie Dictionary in the absence of a definition in the Act.

1.6   Rights and Obligations

      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 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 approval of the owner’s request for a minor change
      in respect of the development on the Subject Site.

3.    INFRASTRUCTURE CONTRIBUTION

3.1   Infrastructure Agreement overrides Development Permit

      This Deed applies to the extent of any inconsistency with any development permit
      and the Infrastructure Contribution payable hereunder is in addition to any conditions
      of, or payments required by, any development permit and/or any infrastructure
      charges notice given in respect of the development.

3.2   Infrastructure Contribution

      On and from satisfaction of clause 1.10, but only while the aged care facility is being
      operated on the Subject Site, the owner must at its cost:

      (a)      construct the access track crossing, refer to drawings STP21-1452 C100A,
               C101A, C301A, C302A dated 8 February 2022 prepared by STP
               Consultants;

      (b)      maintain the access track (including crossing) constructed in accordance
               with clause 1.12(a); and

      (c)      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):


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