Infrastructure Agreement (23689 DA) - Executed 18/7/2011 (Peet No.90 - Greenwood Grove) · 132004.240018

1.5

2.1

2.2

3.1

3.2

“Notice” means any certificate, demand or notice to be made, given or served
by a party under this agreement.

“Owner” of the Subject Site means the person for the time being entitled to
receive the rent for the Subject Site or would be entitled to receive the rent for
it if it were let to a tenant at a rent.

“Planning Scheme” means the planning scheme of the Council.

“Use” has the meaning given in the Act.

Other Expressions

lf a term is not defined in this Infrastructure Agreement 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.
INFRASTRUCTURE AGREEMENT

Application of Act

This Infrastructure Agreement is intended to constitute an infrastructure
agreement under the Act.

Document to bind successors in title

The parties warrant that it is the intention of the parties that the obligations of
the Owner under this agreement will attach to the Subject Site and be binding
on the Owner and the Owner's successors in title in accordance with Section
663 (When infrastructure agreements bind successors in title) of the Act,
except to the extent that any part of the subject Lot is subdivided in
accordance with the Approval and the subdivided Lot/s transferred to the end
uses. .

OBLIGATIONS OF PARTIES

Warranty of Ownership

The Owner warrants that it is, at the time of signing this agreement, the
Owner of the Subject Site

Compliance of Owner

In consideration of the Council agreeing to seal survey plan/s for stage 3 of
the development the Owner shall:-

(a) do all things which by this agreement it has undertaken to do; and

(b) comply with the obligations set out under item 8 of Schedule 1
hereto and the terms of this agreement and

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