Appendix D Draft Infrstructure Agreement

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 ANDREW MARTIN and the owner is MACMARTIN
      INVESTMENTS PTYLTD.

B     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)     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

            (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




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