Appendix D Draft Infrstructure Agreement

      (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:
      (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 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.




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