Attachment 3 - Infrastructure Agreement · 132007.12.8

       variation thereof as is allowed by the Planning and Environment Court with the consent
       of the parties.



       INFRASTRUCTURE CONTRIBUTION

       In consideration of Clause 3 the Applicant agrees to:
4.1 Carry out the additional works set out in Schedule 2 hereto in accordance with an
     Operational Works approval under the Act;

4.2 Pay to the Council the sum of $46,000 towards the upgrading of bus stops and
       associated roadworks to be carried out by the Council In Goodchap Street, such
       payment to be made within 21 days of the entry of judgment referred to in clause 3.
5. WARRANTY OF OWNERSHIP

       The Applicant warrants that, at the time of signing this Agreement, it is the owner of
       the Property.
6. AGREEMENT CONDITIONAL


       This Agreement is conditional upon resolution of the appeal in accordance with clause
       3.

       GOODS AND SERVICES TAX

        In this clause;

       (a) expressions which are riot defined but which have a defined meaning in the GST
               Law have the same meaning as in the GST Law.

       (b) "GST Law" has the meaning given to that expression in A New Tax System
                   (Goods and Services Tax) Act 1999.

       (c) 'GST Amount" means the amount referred to in clause 7.3.

7.2 Unless otherwise expressly stated, all prices or other sums payable or consideration to
       be provided under this Agreement are exclusive of GST.

7.3 If GST is payable by a supplier made under this Agreement, the recipient will pay to
       the supplier an amount equal to the GST payable on the supply.
7.4 The GST Amount will be paid by the recipient on the same date the consideration for
     the supply is to be provided under this Agreement.

7.5 The recipient is not required to pay the GST Amount until the supplier has provided the
      recipient with a tax invoice in respect of the taxable supply. If the supplier has riot
      provided the recipient with a tax Invoice prior to the time that the GST Amount is
     otherwise payable under this clause, the recipient must pay the GST Amount within
     five days of the receipt of the tax invoice,
Legal147541127_I