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

Deed of Variation

Date


Parties


Noosa Shire Council (Council)


Stockwell NC Pty Ltd ACN 632 359 623 as trustee under instrument 719594542 (Applicant)


Stockwell Development Group Pty Ltd ABN 50 010 095 360 (Stockwell)


Background

A.      The Land is the subject of the Infrastructure Agreement.

B.      Stockwell has lodged with the Council a development application for reconfiguration of a lot
        with respect to Lot 3 on SP246584, which is part of the Land.

C.      Council has publicly notified the New Noosa Plan which, when adopted by Council, will replace
        the current Noosa Plan 2006.

D.      The draft New Noosa Plan includes a revised business centre framework plan for The Land
        which, among other things, shows indicative uses and development precincts, proposed roads,
        proposed pedestrian links and character landscape areas.

E.      Stockwell’s development application for reconfiguration of a lot responds to the draft New
        Noosa Plan and has been designed to accommodate development in accordance with the
        draft New Noosa Plan.

F.      The parties have agreed to amend the Infrastructure Agreement to align with the development
        intent for The Land as set out in the draft New Noosa Plan, in accordance with the terms and
        conditions set out in the deed.


Now this deed witnesses


1.      Definitions, interpretation and Commencement

1.1     Definitions

        In this deed:

        Commencement Date means the date when the last party executes this deed.

        Infrastructure Agreement means the agreement dated 3 October 2003 between the Noosa
        Shire Council and the Applicant included as Schedule 1.




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