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171110 Kawana Waters Development Agreement Consolidated up to 11Th Deed of Variation

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171110 Kawana Waters Development Agreement Consolidated up to 11Th Deed of Variation Development Agreement Consolidated up to and including 11th Deed of Variation Council of the City of Caloundra (Council) Minister for Natural Resources (Minister) Kawana Estates Pty Ltd ACN 009 693 556 (Kawana) Buddina Estates Pty Ltd ACN 009 682 384 (Buddina) CONTENTS DEVELOPMENT AGREEMENT 1 PURPOSE AND INTERPRETATION 2 2 GAZETTAL OF PROPOSED KAWANA WATERS DCP AND PROPOSED OTHER PLANNING SCHEME AMENDMENTS 9 2A PROPOSED AMENDMENT NO. 2 OF DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS AND PROPOSED AMENDMENT NO. 1 OF THE PLANNING SCHEME FOR CALOUNDRA CITY COUNCIL 10 2B PROPOSED AMENDMENT NO. 4 OF DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS 10 2C PROPOSED AMENDMENT NO. 5 OF DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS AND PROPOSED AMENDMENT NO. 2 OF THE PLANNING SCHEME FOR CALOUNDRA CITY COUNCIL 11 2D PROPOSED AMENDMENT NO. 6 OF DEVELOPMENT CONTROL PLAN 1 KAWANA WATERS 13 3 DEVELOPMENT LEASE NO. 2 EXTENSION AND AMENDMENTS 13 4 OBLIGATIONS OF KAWANA AND BUDDINA 14 5 OBLIGATIONS OF COUNCIL AND MINISTER 15 6 PLANNING AND APPROVAL PROCESS 16 7 TERMS OF SETTLEMENT 23 8 COUNCIL AND MINISTER'S DISCRETION 23 9 ROADS 24 10 SEWERAGE 25 11 SPORTING FACILITIES 34 12 OPEN SPACE 38 13 COMMUNITY FACILITIES 42 13A SPECIFIC DEVELOPMENT OBLIGATIONS IN RESPECT OF DPA4 AND DPA10 48 13B COUNCIL CARPARKING SITE IN THE TOWN CENTRE SOUTH PRECINCT 55 13C CONSOLIDATED OFF-SITE CARPARKING FACILITY IN THE TOWN CENTRE EAST PRECINCT 55 14 TOWN CENTRE 56 14A FUTURE PUBLIC TRANSPORT CORRIDOR 57 JV0808MYDZ 15 ASSIGNMENT 58 16 DISPUTE RESOLUTION 61 17 TERMINATION 62 18 CHANGE IN DEVELOPMENT ENTITLEMENTS 63 19 CHANGE OF OWNERSHIP 69 20 MISCELLANEOUS 70 21 STATEMENT OF PRINCIPLES 73 SCHEDULE 1 STATEMENT OF PRINCIPLES 74 ANNEXURE 1 DEVELOPABLE AREAS 77 ANNEXURE 2 FREEHOLD LAND 79 ANNEXURE 3 PROPOSED KAWANA WATERS DCP 80 ANNEXURE 4 PROPOSED OTHER PLANNING SCHEME AMENDMENTS 85 ANNEXURE 5 DEVELOPMENT LEASE NO 2 AMENDMENTS 86 ANNEXURE 6 REMAINING TERMS OF SETTLEMENT LAND 87 ANNEXURE 7 MULTI-MODAL TRANSPORT CORRIDOR 89 ANNEXURE 8 SEWERAGE OCEAN OUTFALL SCHEME AREA 91 ANNEXURE 9 ODOUR CONTROL WORKS 93 ANNEXURE 10 SEWERAGE TREATMENT PLANT BUFFER AND COMPENSATING LANDS 94 ANNEXURE 11 SPORTING FACILITIES LAND AND ADDITIONAL SPORTING FACILITIES LAND 96 ANNEXURE 12 OPEN SPACE REQUIREMENTS 98 ANNEXURE 13 DEVELOPMENT LINES (PARREARRA AND CURRIMUNDI NORTH – BIRTINYA) 100 ANNEXURE 14 APPROVED SUBDIVISIONAL PROPOSAL/DESIGN PLANS 103 ANNEXURE 15 COMMUNITY FACILITY LOCATIONS 104 ANNEXURE 16 AREA REFERRED TO IN CLAUSE 15.12(b) 106 ANNEXURE 17 COMMUNITY DEVELOPMENT STRATEGY 108 ANNEXURE 18 KAWANA WATERS ASSESSMENT TEAM 109 JV0808MYDZ ANNEXURE 19 CCC WORKLOAD/ACTIVITY SHEET MARCH – FEBRUARY 2001 110 ANNEXURE 20 SCHEDULE OF TRUSTS 111 ANNEXURE 21 BORROW PITT 112 ANNEXURE 22 MAP OF BIRTINYA DPA, BOKARINA BEACH DPA, TOWN CENTRE DPA, HEALTH HUB DPA, BIRTINYA PENINSULA DPA AND BIRTINYA ISLAND EAST DPA 114 ANNEXURE 23 CARPARKING MANAGEMENT PLAN 117 ANNEXURE 24 DESIGN GUIDELINES FOR A KAWANA WATERS TOWN SQUARE AND THE TRANSIT THOROUGHFARE 119 ANNEXURE 25 FUTURE PUBLIC TRANSPORT CORRIDOR REFERRED TO IN CLAUSE 14A 121 JV0808MYDZ 2 KAWANA WATERS DEVELOPMENT AGREEMENT ANNEXURES ANNEXURE 1 DEVELOPABLE AREAS ANNEXURE 2 FREEHOLD LAND ANNEXURE 3 PROPOSED KAWANA WATERS DCP ANNEXURE 4 PROPOSED OTHER PLANNING SCHEME AMENDMENTS ANNEXURE 5 DEVELOPMENT LEASE NO 2 AMENDMENTS ANNEXURE 6 REMAINING TERMS OF SETTLEMENT LAND ANNEXURE 7 MULTI-MODAL TRANSPORT CORRIDOR ANNEXURE 8 SEWERAGE OCEAN OUTFALL SCHEME AREA ANNEXURE 9 ODOUR CONTROL WORKS ANNEXURE 10 SEWERAGE TREATMENT PLAN BUFFER AND COMPENSATING LANDS ANNEXURE 11 SPORTING FACILITIES LAND AND ADDITIONAL SPORTING FACILITIES LAND ANNEXURE 12 OPEN SPACE REQUIREMENTS ANNEXURE 13 DEVELOPMENT LINES (PARREARRA AND CURRIMUNDI NORTH – BIRTINYA) ANNEXURE 14 APPROVED SUBDIVISIONAL PROPOSAL/DESIGN PLANS ANNEXURE 15 COMMUNITY FACILITY LOCATIONS ANNEXURE 16 AREA REFERRED TO IN CLAUSE 15.12(B) ANNEXURE 17 COMMUNITY DEVELOPMENT STRATEGY ANNEXURE 18 KAWANA WATERS ASSESSMENT TEAM ANNEXURE 19 CCC WORKLOAD / ACTIVITY SHEET MARCH – FEBRUARY 2001 ANNEXURE 20 SCHEDULE OF TRUSTS ANNEXURE 21 BORROW PIT ANNEXURE 22 MAP OF BIRTINYA DPA, BOKARINA BEACH DPA, BIRTINYA PENINSULA DPA AND TOWN CENTRE DPA JV0808MYDZ ANNEXURE 23 CARPARKING MANAGEMENT PLAN ANNEXURE 24 DESIGN GUIDELINES FOR A KAWANA WATERS TOWN SQUARE JV0808MYDZ This deed is made 199 Between: COUNCIL OF THE CITY OF CALOUNDRA a local government constituted under the Local Government Act 1993 ("Council") MINISTER FOR NATURAL RESOURCES for the State of Queensland ("Minister") KAWANA ESTATES PTY LTD ACN 009 693 556 of 770 Nicklin Way, Cooinda Heights, Caloundra in the State of Queensland ("Kawana") And BUDDINA ESTATES PTY LTD ACN 009 682 384 of 770 Nicklin Way, Cooinda Heights, Caloundra in the State of Queensland ("Buddina") RECITALS A Kawana is the lessee under Development Lease No. 2 which forms part of the Developable Areas. B Buddina and Kawana are the registered proprietors of respective areas of the Freehold Land which forms part of the Developable Areas. C Kawana and Buddina wish to Develop the Developable Areas. D The Council and the Minister are committed to the Development of the Developable Areas. E The parties have adopted a common vision for the Development of the Developable Areas which seeks to integrate: (a) community values with the aim of creating a complete community with a strong residential emphasis and a sense of place; and (b) market factors expected to govern and influence the rate, form and future growth of the local government area and region; and (c) the need for the long term viability of the Development of the Developable Areas. F The parties have agreed to enter into this agreement: (a) in consideration of its provisions to: (i) commit to and to regulate the Development of the Developable Areas; and (ii) achieve the common vision for the Development of the Developable Areas set out in Recital E; and (b) in contemplation of the execution of the Transport Infrastructure Agreement; and (c) in contemplation of the gazettal of the: (i) Proposed Kawana Waters DCP; and (ii) Proposed Other Planning Scheme Amendments; and (d) in contemplation of the approval of the Governor in Council to the Development Lease No. 2 Extension. JV0808MYDZ 2 G The Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments have been the subject of a public notice process and the public has had the opportunity to comment on or object to them. H Following the public notice process referred to in Recital G, the Council considers that in the public interest the Development of the Developable Areas should be supported. OPERATIVE PROVISIONS: 1 PURPOSE AND INTERPRETATION 1.1 This Agreement shall have no force or effect until it is executed by all parties. 1.2 This Agreement is intended to: (a) evidence the obligations of the parties in relation to the Development of the Developable Areas and to explain the commercial basis on which those obligations were negotiated; and (b) constitute an infrastructure agreement under Part 6 of the Act. 1.3 The following words have these meanings in this Agreement unless the contrary intention appears. Act means the Local Government (Planning and Environment) Act 1990. Additional Sporting Facilities Land means that part of the Developable Areas not exceeding 6,400m² in area generally identified as Area 5 on Annexure 11. amend, in relation to a planning scheme, includes to add to, to omit, to alter or to modify. Amendment Application means an application made by the Council to the Chief Executive of the Department of Local Government and Planning pursuant to section 2.20 of the Act for the approval of the Governor in Council of the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments on the basis that the approval of the Governor in Council will be sought by the Chief Executive after: (a) the Transport Infrastructure Agreement has been executed by Kawana, Buddina and DOT; and (b) the Proposed Kawana Waters DCP and the Proposed Other Planning Scheme Amendments have been proposed to be amended by the Chief Executive or the Minister of the Department of Local Government and Planning, with the agreement of the parties pursuant to clause 2.6, to give effect to the Transport Infrastructure Agreement; and (c) this Agreement has been amended, if necessary, to give effect to the Transport Infrastructure Agreement. Birtinya Canal means the Birtinya Canal generally identified on the plan in Annexure 22. Birtinya DPA means DPA 11 in the Kawana Waters DCP as generally identified on the plan in Annexure 22. Bokarina Beach DPA means DPA 2 in the Kawana Waters DCP as generally identified on the plan in Annexure 22. JV0808MYDZ 3 Buffer Area means the area within the Developable Areas within 1200 metres of the current inlet structure of the Sewerage Plant as identified in Annexure 10. Building means any fixed Structure which is either wholly or in part enclosed by walls and which is roofed and includes part of a Building. Business Days means any day other than a Saturday, Sunday or public holiday in the whole of Queensland Caloundra Town Planning Scheme means the town planning scheme for the City of Caloundra gazetted on 17 December 1987. Carparking Management Plan means a written document which is prepared and approved in accordance with clause 13C.1. Community Development Strategy means the document entitled Kawana Waters Community Development Strategy in Aneexure 17. Community Purpose means the use of land: (a) undertaken by a government entity or agency, a charitable organisation or a not- for-profit community organisation; and (b) for a purpose to the benefit of the community or a part of the community, including for example the provision of support services for the sick or needy or their families or the operation of a community biobank. CPI means the Consumer Price: All Groups Index for Brisbane, published by the Australian Bureau of Statistics or if that index is no longer published, then an index which in the reasonable opinion of the Council is a similar index.
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