Attachment 8 - Working draft - Deed of Variation to IA - 02.12.2019

Deed of Variation

        reduced to align with the area identified as “Character Landscape” on the Draft Framework
        and Character Plan (that is, up to the southern boundary of the 5000sqm Transit Facility Lot
        identified in pale yellow on the Subdivision Plan) .”

5.      Insertion of a new Clause 4.6 as follows:

        “4.6 Open Space Area G

        For the avoidance of doubt, the parties acknowledge that:

        a. The area of Open Space Area G (which, in this clause, is taken to be a reference to Open
           Space Area G without incorporating the amendments shown on the Draft Framework and
           Character Plan) is reduced under the Draft Framework and Character Plan;

        b. The reduction in the area of Open Space Area G as shown on the Draft Framework and
           Character Plan does not alter:

                 i.    the deemed contribution to community infrastructure - private open space provided
                       by clause 4.3;

                 ii.   the immunity provided by clause 4.4 of the Infrastructure Agreement; or

                 iii. the limitation on buffers, building setbacks and land requirements provided by
                      clause 4.5.

        c.   If the Reconfiguration of a Lot Application is approved and the approval takes effect, the
             Applicant will amend the covenant over The Land so that the extent of Covenant J accords
             with the reduced area of Open Space Area G.”

6.      Insertion of a new Clause 4.7 as follows:

        “4.7 Koala habitat trees acknowledgement

        For the avoidance of doubt, the parties acknowledge that performance of Stockwell’s
        obligations under Clauses 4.1 to 4.3 of the Infrastructure Agreement is intended to fully offset
        the residual impact of any clearing of koala habitat trees required to undertake development of
        the Shire Business Centre as contemplated by Master Plan 2 (and where, to the extent
        relevant, amended by the Draft Framework and Character Plan)”.

7.      Insertion of a new clause 6.7 as follows:

        “6.7 Hofmann Drive Extension

        If the Reconfiguration of a Lot Application is approved and the approval takes effect, the
        Applicant shall, at no cost to Council:

        a. design and construct the Hofmann Road Extension in accordance with the conditions
        imposed on any approval,

        b. dedicate any land required for the Hofmann Road Extension.”

8.      Insertion of a new clause 6.8 as follows:

        “6.8 New Public Road

        If the Reconfiguration of a Lot Application is approved and the approval takes effect, the
        Applicant shall, at no cost to Council:


HopgoodGanim Lawyers                                                                             Page 8 of 10
1958131 - 20238905_1.docx