deed amending the planning agreement (north cooranbong)

Lake Macquarie City Council ABN 81 065 027 867

AND

Johnson Property Group Pty Limited ABN 58 102 465 814

DEED AMENDING THE "PLANNING AGREEMENT (NORTH COORANBONG)"

Vsait)Y,11-m-g—

MORAY&AG NEW LAWYERS

Level 2, 45 Watt Street, Newcastle NSW 2300 PO Box 1801, Newcastle NSW 2300

DX 7808, Newcastle NSW Telephone +61 2 4911 5400 Fax +61 2 9232 1004

MJB:380602. (MJB) 8145637_1

TABLE OF CONTENTS

1. Definitions and Interpretation 1 1.1 Definitions 1 1.2 Interpretation 2

2. Amendment of VPA 3

3. Amendment of VPA Contributions Schedule 3

4. Interpretations to be applied when determining Timing Thresholds 4 4.1 Non-Developer Controlled Land 4 4.2 Exhibition Village 4

5. Payment of Contributions in relation to Non-Developer Controlled Land 4

6. Payment of Contribution in relation to Exhibition Village 5

7. Payment of Additional Security 6

8. Bridge and Cycleway 6

9. Other Amendments Relating to Cash Contributions 8 9.1 Amended schedule for completion of other works / obligations under

VPA prior to release of 300th Residential Lot (Developer Controlled land) 8

9.2 Amended schedule for completion of other works / obligations under VPA prior to subdivision of 350th Residential Lot (Developer Controlled Land) 8

9.3 Amended schedule for completion of other works / obligations under VPA for subdivision between the 400th and the 499th Residential Lot (Developer Controlled Land) 9

10. Release of Cash Bonds 10

11. Call on Security 10

12. Council's Approval Obligations 10

13. Registration of this Deed 10

14. Assignment and Dealing 11

Annexure A Revised Contributions Schedule 13

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THIS DEED is made on I c l a o '7

BETWEEN

LAKE MACQUARIE CITY COUNCIL of 126 — 138 Main Road, Speers Point New South Wales 2284 ('the Council')

AND

2017

JOHNSON PROPERTY GROUP PTY LIMITED ABN 58 102 465 814 of PO Box A 1308 Sydney South New South Wales 1235 ('the Developer')

RECITALS:

A. On 1 June 2015 the Council and the Developer executed a document entitled "Planning Agreement (North Cooranbong)" ("the VPA"), being a planning agreement within the meaning of section 93F of the Environmental Planning and Assessment Act 1979 ("the Act").

B. The VPA is a revised version of an agreement that was original executed on 26 November 2008.

C. Pursuant to the provisions of clauses 22 and 29 of the VPA, the Council and the Developer have agreed to vary the terms and conditions of the VPA as set out in this Deed.

OPERATIVE PROVISIONS

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this Deed terms have the same meaning as in the VPA and unless the context of subject matter or circumstances indicate otherwise:

Exhibition Lot means any residential lot in the Development that is intended to be used for the purposes of an "exhibition home" or part of an "exhibition village" as defined in the Lake Macquarie Local Environmental Plan 2014.

Guarantee means an unconditional and irrevocable undertaking issued by a major Australian trading bank, or other financial institution approved by Council, in favour of the Council and which does not have an expiry date and is otherwise in form and substance acceptable to the Council, to pay on demand to the Council the amount therein expressed in Australian currency.

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Intersection Roadworks means the design and works for the construction of an intersection (without signals) in the location of Item 15 in the VPA Contributions Schedule labelled "Freemans Drive and the new access road (central)", which must not be inconsistent with or prevent signalisation of the intersection at a later date and must be carried out in accordance with an approval from the roads authority.

Non Developer Controlled Land means the land set out in the table comprising VPA Schedule 1 "Part 1 — the Land" and excluding the land listed in the VPA Schedule 1 "Part 2 — Developer Controlled Land.

Owner(s) of Non Developer Controlled Land means the registered proprietor(s) of Non Developer Controlled Land from time to time.

Revised Contributions Schedule means the Contributions Schedules in Annexure A to this Deed.

Security means any Guarantee or cash bond provided to Council by the Developer in accordance with this Deed.

Timing Thresholds means the time for the completion of works in kind, as set out in:

(a) Column 9 of the Revised Contributions Schedule;

(b) Column 4 of Schedule 4 "Environmental Corridors" of the VPA, and

(c) any time specified in this Deed for delivery of any Contributions.

VPA means the "Planning Agreement (North Cooranbong)" executed on 1 June 2015 by the Council and the Developer, and includes all schedules and attachments to that document.

VPA Contributions Schedule means the table in the VPA "Schedule 2 — Contributions and requirements", prior to this Deed taking effect.

1.2 Interpretation

In this Deed, unless otherwise provided, or a contrary intention appears:

(a) where a term is defined:

(i) both in the VPA and this Deed, the definition in this Deed prevails in interpreting this Deed, and in interpreting the VPA;

(ii) in the VPA, but not in this Deed, the definition of the term in the VPA applies to this Deed


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• (b) a reference to this Deed or another instrument includes any variation or

replacement of them;

(c) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements or any of them;

(d) the singular includes the plural and vice versa;

(e) the word 'person' includes a firm, body corporate, an unincorporated association or an authority;

a reference to a party includes a reference to its executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and permitted assigns;

(g) an agreement on the part of or in favour of two or more persons binds or is for the benefit of them jointly and severally;

(h) a reference to anything (including, without limitation, any amount) is a reference to the whole or any part of it and a reference to a group of persons is a reference to any one or more of them;

(i) the word 'include' (in any form) when introducing one or more specific items does not limit the meaning of the general words to those items or to items of a similar kind;

U) in the interpretation of this Deed no rule of construction applies to the disadvantage of one party on the basis that that party put forward this Deed; and

(k) where a word or phrase has a defined meaning, another part of speech or grammatical form in respect of that work or phrase has a corresponding meaning.

2. AMENDMENT OF VPA

The Council and the Developer agree that the terms of the VPA are amended as set out below, as of the date of this Deed.

3. AMENDMENT OF VPA CONTRIBUTIONS SCHEDULE

(a) The VPA Contributions Schedule is deleted and replaced with the Revised Contributions Schedule.

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(b) Unless otherwise provided for, all references in the Revised Contributions Schedule to plans and annexures are references to plans and annexures in the VPA.

4. INTERPRETATIONS TO BE APPLIED WHEN DETERMINING TIMING THRESHOLDS

4.1 Non-Developer Controlled Land

Notwithstanding anything to the contrary in the VPA, lots created from Non Developer Controlled Land by the Owners of Non Developer Controlled Land shall not be counted when determining whether Timing Thresholds have been met by the Developer.

4.2 Exhibition Village

(a) Any Exhibition Lots will not be counted when determining whether Timing Thresholds have been met by the Developer, until such time as that Exhibition Lot ceases to be used as an exhibition lot and any building on that lot is approved for use as a dwelling house, at which time that Exhibition Lot will be reintroduced to the Timing Threshold count.

(b) Council agrees to notify the Developer as soon as practicable when any Exhibition. Lot becomes approved under the Act for use as a dwelling house and is due to be reintroduced to the Timing Threshold count.

5. PAYMENT OF CONTRIBUTIONS IN RELATION TO NON-DEVELOPER CONTROLLED LAND

In substitution for any provisions in the VPA for determining Cash and Non-Cash contributions for Non-Developer Controlled Land, and the application and payment of same, the following provisions will apply.

(a) Council acknowledges that the Developer has entered into agreements with the Owners of Non-Developer Controlled Land, requiring the Owners of Non- Developer Controlled Land to pay the Developer the amount per Residential Lot of $25,000 plus indexation in accordance with the terms of those agreements.

(b) The Developer must pay Council, within 10 business days of receiving funds from the owners of Non-Developer Controlled Land, an amount of money calculated and apportioned as follows:


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(I) A cash component per Residential Lot at $3,030 plus indexation (Consumer Price Index Number (Sydney — All Groups)) from as published for September 2008 until the date of payment; plus

(ii) Non-cash components per Residential Lot at $21,970 plus indexation (Consumer Price Index Number (Sydney — All Groups)) from as published for September 2008 until the date of payment.

(c) Notwithstanding clause 5(b), the Developer may retain the non-cash component referred to in clause 5(b)(ii) from Residential Lots created or to be created by DA/1892/2012 (Lot 1 DP 329367 and Lot 14 DP 129157) and DA1904/2014 (Pt Lot 1 DP 329367 and Pt Lot 14 DP 129157), which must be used to construct cycle ways in accordance with the works referred to in clauses 8 and 9.1 below;

(d) The non-cash component referred to in clause 5(b)(ii) from all Non-Developer Controlled Land (other than that referred to in 5(c) above) will be held by Council on trust as Security ("the Non-Developer Lot Bond").

(e) The Developer may not refuse to accept any payment made it in respect of any of the amount per Residential Lot referred to in clause 5(a) above.

(f) For the avoidance of doubt, any Owner of Non-Developer Controlled Land may apply for and be issued a Subdivision Certificate relating to Non- Developer Controlled Land at any time during the term of the VPA, on condition that the Owner of Non-Developer Controlled Land has provided documentary evidence that it has made the payment referred to at clause 5(a) above in respect of that particular parcel of land, and that payment has been cleared.

6. PAYMENT OF CONTRIBUTION IN RELATION TO EXHIBITION VILLAGE

Notwithstanding any provision in the VPA to the contrary, the following provisions apply to Exhibition Lots:

(a) Prior to the issue of a Subdivision Certificate for any Exhibition Lot, the " Developer will pay an amount of money calculated and apportioned as follows:

A cash component per Exhibition Lot at $3,030 plus indexation (Consumer Price Index Number (Sydney — All Groups)) from as published for September 2008 until the date of payment; plus


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(ii) Non-cash components per Exhibition Lot at $21,970 plus indexation (Consumer Price Index Number (Sydney — All Groups)) from as published for September 2008 until the date of payment.

(b) The non-cash component referred to in clause 6(a)(ii) from Exhibition Lots will be held on trust by Council as Security ("the Exhibition Lot Bond").

7. PAYMENT OF ADDITIONAL SECURITY

The Developer must provide additional Security prior to the issue of a subdivision certification for the 450th Residential Lot on the following terms:

(a) The value of the Security will be $2 million, less the cost (as evidenced in writing) of any.part of the Intersection Roadworks the Developer has undertaken at the time the Security is due.

(b) The additional Security required by clause 7(a) shall be progressively reduced over the period of construction of any part of the Intersection Roadworks undertaken after provision of the Security, in accordance with any progress claims or invoices issued by contractors received and approved by the Developer.

(c) For the avoidance of doubt, the Security is to be reduced in accordance with clause 7(b) in the following ways:

(i) if the Security is a cash bond, the Developer may request the Council to pay progress claims or invoices directly from the cash bond;

(ii) if the Security is a Guarantee and only part of the Security is to be released, the Developer must provide a replacement Guarantee before the Security held by Council can be returned; and

(iii) if the Security is a Guarantee and all of the Security is to be released, the Council must return the Guarantee to the Developer within 10 Business Days of receiving a request to do so.

8. BRIDGE AND CYCLEWAY

In substitution for any provisions in the VPA to the contrary the Developer will construct the cycleway listed at Item 8(c) of the Revised Contributions Schedule, including a 2.5m wide separate pedestrian / cycleway bridge crossing Dora Creek (8(c) Cycleway) on the following terms:

(a) The Developer shall provide construction drawings for the 8(c) Cycleway to the Council prior to the issue of the Subdivision Certificate creating the 350th Residential Lot.;


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(b) Council's project management team for the 8(c) Cycleway will use its best endeavours to obtain all necessary approvals for the Developer to construct the 8(c) Cycleway on reasonable terms acceptable to the Developer. The approval process will include, if necessary, meetings between Council's project management team for the cycleway and the Developer to discuss amendments considered necessary by the Council.

(c) Council acknowledges, in its capacity as the applicant for approval, that it will only request changes to the extent absolutely necessary to obtain consent or approval for the 8(c) Cycleway and following consultation with the Developer.

(d) The Developer acknowledges that it will amend construction drawings to the extent required to meet all necessary requirements for obtaining approval of the 8(c) Cycleway.

(e) This process shall not be construed so as to fetter Council's statutory roles and obligations as the consent authority or determining authority for the 8(c) Cycleway under the Act.

(f) The Developer will pay Council the reasonable costs of preparing any environmental assessment and any reasonable internal Council project management costs. These costs are not to include internal costs incurred by Council as a consent or determining authority under the Act.

(g) After receipt of the design for the 8(c) Cycleway from JPG, Council will provide to the Developer an estimate of the costs of preparing an environmental assessment and the Council's internal project management costs.

(h) The Council will provide a draft of any environmental assessment to the Developer prior to lodgement, so that the Developer may provide any comments (within a reasonable period of time after receiving the draft and so as not to delay the application) and determine the likely costs of any environmental mitigation measures proposed.

The Developer will pay all application fees and the reasonable costs of any amendments required to obtain approval.

(i) The Developer will construct the 8(c) Cycleway within 6 months of Council obtaining and providing to the Developer all necessary approvals and access to the land for the construction of the works.

(k) The timing of the construction of the 8(c) Cycleway will not be connected to any particular Residential Lot release in the Development, but if the Developer does not construct the 8(c) Cycleway as agreed within the 6 month period specified in clause 8(j), Council may withhold the issue of any further

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Moray & Agnew

Subdivision Certificates in the Development, until the 8(c) Cycleway is constructed.

9. OTHER AMENDMENTS RELATING TO CASH CONTRIBUTIONS

9.1 Amended schedule for completion of other works / obligations under VPA prior to release of 300th Residential Lot (Developer Controlled land)

(a) Notwithstanding any provisions in the VPA to the contrary, prior to the release of a subdivision certificate for the 300th Residential Lot, the Developer must complete the following cash contribution and works and dedicate the works involved to Council:

(i) A cash component per Residential Lot at $3,030 plus indexation (Consumer Price Index Number (Sydney — All Groups)) from as published for September 2008 until the date of payment;

(ii) An off road shared path/cycleway from the northern boundary of 58 Alton Road to the intersection of Freemans Drive and Alton Road as approved by Council under section 138 of the Roads Act 1993 (SCC/66/2015) (Part of Item 8b — Part 1 in the Revised Contributions Schedule); and

(iii) An off-road shared pathway with a width of 2.5 metres between the common boundary of 613 and 615 Freemans Drive Cooranbong to the common boundary of 567 and 575 Freemans Drive Cooranbong (part of Item 8b — Part 2 in Revised Contributions Schedule) in accordance with approved plans.,

(b) For the avoidance of doubt, the VPA will not prevent the issue of a Subdivision Certificate for subdivision prior to the 300th Residential Lot if this clause 9.1 is complied with.

(c) The Council agrees that it will not unreasonably delay the issue of the approval for the cycleway as required by clause 9.1(a)(iii).

9.2 Amended schedule for completion of other works / obligations under VPA prior to subdivision of 350th Residential Lot (Developer Controlled Land)

(a) Notwithstanding any provisions in the VPA to the contrary, prior to the issue of the Subdivision Certificate creating the 350th Residential Lot, the Developer must complete the following cash contribution and works:


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(i) A cash component per Residential Lot at $3,030 plus indexation (Consumer Price Index Number (Sydney — All Groups)) from as published for September 2008 until the date of payment; and

(ii) in relation to the Intersection of Freemans Drive and Alton Road (Item 16 in the VPA Contributions Schedule):

(A) secure a Notice of Determination which may be either a development consent under Part 4 of the Act, or an approval under the Roads Act 1993 as required,

(B) prepare a concept engineering design and, will have met with Roads and Maritime Services (RMS) to discuss that design, and

(C) have formally written to RMS to request the preparation of a Works Authorisation Deed.

(b) For the avoidance of doubt, the VPA will not prevent the issue of a Subdivision Certificate for subdivision prior to the 350th Residential Lot if this clause 9.2 is complied with.

(c) The Council agrees that it will not unreasonably delay the issue of the Notice of Determination as required by clause 9.2(a)(ii)(A).

9.3 Amended schedule for completion of other works / obligations under VPA for subdivision between the 400th and the 499th Residential Lot (Developer Controlled Land)

(a) Notwithstanding any provisions in the VPA to the contrary, prior to the release of the Subdivision Certificates creating the 400th to the 499th Residential Lots (inclusive), the Developer must:

pay Council a cash component per Residential Lot at $3,030 plus indexation (Consumer Price Index Number (Sydney — All Groups)) from as published for September 2008 until the date of payment, and

(ii) pay to Council the equivalent amount to the non-cash component per Residential Lot at $21,970 plus indexation (Consumer Price Index Number (Sydney — All Groups)) as at September 2008 until the date of provision.

(b) The non-cash component referred to in clause 9.3(a)(ii) will be held on trust by Council as Security ("the Residential Lot Bond").


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(c) For the avoidance of doubt, the VPA will not prevent the issue of a Subdivision Certification for subdivision prior to (but not including) the 500th Residential Lot if this clause 9.3 is complied with.

10. RELEASE OF CASH BONDS

(a) The Non-Developer Lot Bond, Exhibition Lot Bond and Residential Lot Bond, or any part of those bonds will be released by Council to the Developer (or to any person nominated by the Developer) for the purposes of paying invoices issued by contractors who have carried out design and/ or construction works required under the VPA.

(b) Council agrees to act reasonably when releasing the bonds, or part of the bonds as required by clause 10(a) and will endeavour to release the money to the Developer with sufficient time for the Developer to pay the contractor in accordance with the payment terms specified in the invoice.

11. CALL ON SECURITY

In the event the Developer does not carry out any further subdivision past the 499th Residential Lot for a period of 2 years, the Council will be entitled to use any Security as remains to construct works required by the VPA itself. This provision shall not be interpreted so as to relieve the Developer of its obligations under the VPA and this deed, nor so as to relieve the Developer of its obligation to deliver the works and any land dedication, and in that regard the Developer acknowledges that Council may utilise all options available to it under the law, against the Developer, to recover any shortfall between the monies held by Council as Security, and the monies required to perform the works.

12. COUNCIL'S APPROVAL OBLIGATIONS

Council shall not unreasonably delay the determination of any application for approval under the Act, the Roads Act 1993 or any other legislation submitted by or on behalf of the Developer for VPA works. This obligation shall not be construed so it interferes with, curtails, or fetters Council's statutory rights, duties, obligations and functions, nor its discretion as the consent or approval authority.

13. REGISTRATION OF THIS DEED

(a) The Developer agrees to procure registration of this deed pursuant to section

• 93H of the Act on the relevant folios of the Register pertaining to the Developer Controlled Land where the VPA is currently registered against title and will lodge the request for registration within 56 days following execution of this amending Deed.


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(b) The Developer warrants that it will obtain all the necessary 'consents required by section 93H(1)(a) prior to the date the Deed is lodged for registration.

(c) The Council will ensure that the VPA and this Deed remains registered on the title for any Environmental Corridors transferred to the Council by the Developer, having regard to the Council's obligations under clause 35.3(c) of the VPA.

(d) For the avoidance of doubt:

(i) any failure to register this Deed within the time specified under clause 13(a) will not prevent the issue of a Subdivision Certificate, provided that the terms of this Deed (other than clause 13(a)) are complied with; and

(ii) the notation of this Deed on the Register for a particular parcel of land may be removed when the notation of the VPA is removed from that title.

14. ASSIGNMENT AND DEALING

The terms of clause 13 of the VPA is incorporated into this Deed with all references to "this planning agreement" in the drafting of section 13 to be read as "this Deed", and for the avoidance of doubt, in accordance with clause 13.2 of the VPA, clause 13.1 of the VPA will not operate to prevent dealings with Residential Lots up to and including the 499th Residential Lot in the Development, provided that the requirements of this Deed have been complied with.

EXECUTED as a Deed

THE COMMON SEAL OF COUNCIL OF ) THE CITY OF LAKE MACQUARIE WAS ) HEREUNTO AFFIXED PURSUANT TO RESOLUTION MADE BY THE COUNCIL ) ON: i 2 c , 17

Signature: General Manager

Name:

Signature:

6 t i 4 ' E A / 144 6 0 0 4 Name: ......... .... PLEASE PRINT PLEASE PRINT


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EXECUTED by JOHNSON PROPERTY ) GOUP pursuant to section 127 of the ) Corporations Act 2001, in the presence of: )

) )

Signature. Witness

Name: th PLEASE PRINT

Signature. Sole Di

Name: K ole Secretary

PLEASE PRINT


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ANNEXURE A REVISED CONTRIBUTIONS SCHEDULE

0 en S ace and Recreation Column

1 Column 2 Column

3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10

Item Facility Location Minimum Indicative - Indicative Indicative Indicative Timing for Whether Works Land Area Land Cost Land

Contribution per

Works Cost

Works Contribution

per

Provision of the facility works

and payment of

In Kind / Land Dedication /

Cash Residential Residential Cash Contribution

Lot Lot Contribution 1 Local Park - As shown Minimum $440,000 $220 $802,506 $402 Prior to the Works In Kind

North (on-site) on the Plan in

of 11,000m2

($40/ m2 x 11,000 m2)

release of the first Subdivision

and Land Dedication

Annexure C,

reference Item 1

Certificate for any part of the

Land abutting the facility or prior to the release of a

Subdivision Certificate for the 700th Residential

Lot, whichever occurs first.


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Column 1

Column 2 Column 3

Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10

Item Facility Location

.

Minimum Land Area

Indicative Land Cost

Indicative Land

Contribution per

Residential . Lot

Indicative Works Cost

Indicative Works

Contribution per

Residential Lot

Timing for Provision of the

facility works and payment of

Cash Contribution

Whether Works In Kind / Land Dedication /

Cash Contribution

2 Local Park - South (on-

site)

.

As shown on the Plan in

Annexure C,

reference Item 2

Minimum of 5,000m2

$200,000 ($40/ m2 x 5,000 m2)

$100 $278,000 $139 Prior to the release of the first Subdivision Certificate for any part of Lot 2 DP 825266 or prior to the release of a Subdivision Certificate for the 600th Residential Lot, whichever occurs later.

Works In Kind and Land Dedication

3a Sports, Facility and

Dog Exercise Area

(excluding multi-courts)


Annexure C,

reference Item 3a

Minimum of

62,000m2

$2,480,000 ($40/ m2 x 62,000 m2)

$1,240 $4,148,672 $2,075 Land dedication prior to the release of a Subdivision

Certificate for the 800th Residential

Lot.

Facility prior to the release of a

Subdivision Certificate for the

1,200th Residential Lot.



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Column 1

Column 2 Column 3


Item Facility Location Minimum Land Area


Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot

Timing for Provision of the facility works

and payment of Cash

Contribution


Cash Contribution

3b Neighbourhoo d Park


Annexure C,

reference Item 3b

Minimum of

13,000m2

$520,000 ($40/ m2 x 13,000 m2)

$260 $1,672,633 $836 Prior to the release of a Subdivision

Certificate for the 1,400th

Residential Lot


4a Town Common

Neighbourhoo d Park


Annexure C,

reference Item 4a

Minimum of

76,000m2

$3,040,000 ($40/ m2 x 76,000 m2)

$1,520 $1,245,748 $623 Dedication of land prior to the

release of a Subdivision


Lot. Facility prior to

the release of a Subdivision


Lot



3 October 2017 8145637_1

Column 1

Column 2 Column 3




'Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot



Cash Contribution


Cash Contribution

4b Town Common

Sports Facility


Annexure C,

reference Item 4b

This item is within the area allocated

for Item 4a

$0 $0 $3,824,252

•

$1,912 Facility prior to the release of a


Lot Plus cycleway for

that part of the cycleway which runs along the

front of the Town Common land

fronting Freemans Drive- as per Annexure

F.

Works In Kind

5a Multi courts (offsite)

Council to

determin e

0 m2 $0 - $0 $745,000* $298 As specified in clause 30

Works in kind or cash contribution (refer to clause

30) 5b Multi courts To be

located on land

for either Item 3a or 4a

0 m2 $0 $0 $796,058 $398 Prior to the release of a Subdivision


Residential Lot

Works in kind


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Column 1

Column 2 Column 3




Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot



Cash Contribution


Cash Contribution

6 District Recreation Facilities — Jetties, etc

Council to

determin e

0 m2 $0 $0 $1,320,000 $528 Prior to the release of a Subdivision

Certificate for each Residential

Lot

Cash contribution

7 District Open Space and Recreation Facilities

Council to

determin e

0 m2 $0 $0 $2,197,500 $879 Prior to the release of a Subdivision


Lot

Cash contribution

8a Cycleway — Western side

of development

site to Cooranbong

Town Common

Broken down into:

• Length of 175 linear metres,

and • Length of 386 linear

metres,


Annexure F,

reference Item 8a

4,044 m2 $122,000 $61 $1,326,000 $663 Cash for the land prior to the release of a Subdivision

Certificate for 25th Residential

Lot.

So long as the land has been

acquired by Council, the

works, prior to the release of a


Works In Kind and (for land

acquisition) cash


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Column 1

Column 2 Column 3


Item Facility Location Minimum Indicative Indicative Indicative Indicative Timing for Whether Works Land Area Land Cost Land

Contribution per

Works Cost

Works Contribution

per


and payment of



Lot Lot Contribution and

•The remaining length to the Town

Lot, or if the land is acquired within nine months prior to the release of

a Subdivision Common Certificate for the

5 0 0 t h Residential Lot, within nine

months from notification of acquisition in

accordance with clause 34.1(d).

With the exception of that part which runs

through the Town Common land, which will be cOnstructed by the time the

•

Town Common works have been

completed.

If the land has not been

acquired by


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Column 1

Column 2 Column 3




•

Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot



Cash Contribution


Cash Contribution

. Council by the

400th Residential Lot then a cash contribution as

per clause 34.1. 8b — Part

1 Cycleway - from the northern

boundary of 58 Alton Road

to the intersection of

Freemans Drive and

Alton Road Cooranbong


Annexure F,

reference Item 8b

0m2 $0 $0 Prior to the release of a Subdivision

Certificate for the 300th lot


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Column 1

Column 2 Column 3

Column .4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10



Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot



Cash• Contribution

Whether Works In Kind / Land

Dedication / Cash

Contribution

8b — Part 2

Cycleway - from the common

boundary of 613 and 615 Freemans

Drive Cooranbong

to the common

boundary of 567 and 575

Freemans •Drive

Cooranbong



8b — Part 3

Cycleway - from 617 Freemans

Drive Cooranbong to Avondale

Road Cooranbong

Plan in Annexure

F, reference Item 8b



-


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Column 1

Column 2 Column 3


Item . Facility Location Minimum Land Area


Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot


and payment of Cash

Contribution

_ Whether Works In Kind / Land Dedication /

Cash Contribution

8c Cycleway — Cooranbong Town Centre to Cooranbong Town Common, including a pedestrian / cycleway bridge crossing Dora Creek


Annexure F,

reference Item 8c

0 m2 $0 $0 $978,000 $489 Within 6 months of Council

obtaining and providing to the

Developer all necessary

approvals and access to the land for the

construction of the works.

Works In Kind

8d Cycleway — Cooranbong

Town Common,

south along Freemans

Drive to the intersection of Victory St and

Freemans Drive.

Broken down into:

• Length of 655 linear metres,


Annexure F,

reference Item 8d

0 rn2 $0 $0 $1,575,946 $631 Broken down into:

• Length of 655 linear metres prior to the release of a Subdivision

Certificate for the 500th

Residential Lot, and

• Length of 1645 linear metres prior to the release of a Subdivision

Works In Kind


3 October 2017

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8145637_1

Column 1

Column 2 Column 3




Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution

_ per Residential

Lot



Cash Contribution


Cash Contribution

and •Length of 1645 linear

metres, and

'The remaining length to

the intersection of Victory Rood and Freemans

Drive •


Residential Lot, and

• The remaining length to the

intersection of Victory Rood

and Freemans

Drive prior to the release of a Subdivision Certificate for

the 500111 Residential

Lot.

8e Cycleway from the

intersection of Victory Road

and Freemans Drive south

along Freemans Drive for a

total length of

As shown on the Plan

in Annexure

F, reference Item 8e

0 m $0

.

$0 $1,186,701 $475 Broken down into:

• Length of 800 linear metres and bridge

works if required prior to the release

of a Subdivision

Certificate for

Works In Kind


3 October 2017

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8145637_1

Column 1

Column 2 Column 3


Item Facility Location Minimum Indicative Indicative Indicative Indicative Timing for Whether Works Land Area Land Cost Land

Contribution per

Works Cost

Works Contribution

per


and payment of



Lot Lot Contribution 2,400 linear metres and

bridge works or 2,900 linear

metres if no bridge works

required. Broken down

into:

the 5001h Residential Lot,

and • 1,600, linear

metres and bridge works if required prior to the release

of a Bridge works,

and • Length of

Subdivision Certificate for

the 500th 800 linear

metres, and

Length of 800 linear metres,

and

• Residential Lot,

and • 500 linear metres prior to

the release of a Subdivision

• Length of 800 linear

metres, and

Length of 500 linear metres, only if bridge

works not required for the above

lengths

.

Certificate for the 500111

Residential Lot if bridge works

are not required.


3 October 2017

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8145637_1

Column 1

Column 2 Column 3




Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot


and payment of Cash

Contribution


Cash Contribution

Open Space and

Recreation Indicative

Open Space and

Recreation WIK

contribution per

Residential Lot

- $9,287

.

Open Space and

Recreation Indicative land contribution

per Residential

Lot

$3,340

Open Space and


cash contribution

per Residential

Lot

$61 $1,705

.


3 October 2017

Page 24 of 39 8145637_1

Column 1

Column 2 Column 3




.

Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot



Cash Contribution


Cash Contribution

Open Space and


Contribution per•

Residential Lot

$6,802,000 $3,401 $23,385,01 6

$10,992


3 October 2017 8145637_1

Community Facilities Column 1 Column 2 Column 3 Column

4 Column 5 Column 6 Column 7 Column 8

- Column 9 Column 10

Item Facility Location Minimum Land •Area


Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot

Timing for the Provision of the


Cash Contribution

Works In Kind / Land Dedication /

Cash Contribution

9 Multi-purpose Centre

As shown on the Plan included in

Annexure E, reference

Item 1

5,580m2 $670,000 $335 $3,616,000

•

$1,808 Prior to the release of a Subdivision


Residential Lot

Works In Kind and

Land Dedication

10 Library Council to determine

.

$117,500* $47 $1,625,000 $650 Prior to the release of a Subdivision


Lot

Cash contribution

11 Community Worker

Not applicable

$817,500 $327 Prior to the release of a Subdivision


Lot

Cash contribution

12 Community Bus

Not applicable

$100,000 $40 Prior to the release of a Subdivision


Lot

Cash Contribution

Community Facility

$1,808


3 October 2017

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8145637_1

Column 1 Column 2 Column 3 Column 4

Column 5 Column 6 Column 7 Column 8 Column 9 Column 10



Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot

Timing for the Provision of the facility works

and payment of Cash

Contribution


Cash Contribution

Indicative WIK

contribution per

Residential Lot

Community Facility

Indicative land

contribution per

Residential Lot

$335

-

_

Community Facility

Indicative cash

contribution per

Residential Lot .

$47

.

$1,017

TOTAL $787,500 $382 $6,158,500 $2,825


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Road Works Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10

Item Facility Location

-

Minimum Land Area


Indicative Land

Contribution per

Residential Lot


-

Indicative Works

Contribution per

Residential Lot

Timing for the

Provision of the facility works and payment of

Cash Contribution

Works In Kind / Land

Dedication / Cash

Contribution

13 Priority control (interim

upgrade)

Intersection of Freemans

Drive, Avondale Road and Newport

Road

0m2 $0

_

$0 $86,000 $43 Prior to the release of a Subdivision


Residential Lot or prior to the release of a Subdivision Certificate for

the 200th Residential Lot in the Northern

Traffic Zone as shown on traffic zone

plan comprising

part of Annexure G,

whichever occurs first


14 Upgrade from priority

Intersection of Freemans

Includes land

$0 $0 $4,394,00 0

$2,197 Prior to the release of a

Works In Kind and Land


3 October 2017

• Page 28 of 39

8145637_1

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10 Item Facility Location Minimum

Land Area Indicative Land Cost

Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot

Timing for the


Cash Contribution


Dedication / Cash

Contribution

control to traffic signals as shown in Annexure G

Drive, Avondale Road and Newport

Road

acquisition Subdivision Certificate for the 1,200th Residential

Lot or prior to the release of a Subdivision Certificate for

the 1,200th Residential Lot in the Northern

Traffic Zone as shown on

the traffic zone plan comprising

part of Annexure G, whichever occurs first.

Dedication

15 New Traffic Signalisation intersection as shown in Annexure G

Freemans Drive and the new access

road (central)

Includes land

acquisition

$0 $0 $2,598,00 0





3 October 2017

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8145637_1

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10 Item Facility

-

Location Minimum Land Area


Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot

Timing for the


Cash Contribution


Dedication / Cash

Contribution

.

•

Residential Lot or prior to the release of a Subdivision Certificate for

the 100th Residential Lot in the Southern



part of Annexure G,

whichever occurs first.

16 — Part 1

Priority control to

traffic signals as shown in Annexure G

_ Requirement

s as per

Intersection of Freemans Drive and

Alton Road

-

Prior to the release of a Subdivision


Residential Lot


3 October 2017

Page 30 of 39

8145637_1



•

Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot

Timing for the


Cash Contribution


Dedication / Cash

Contribution

clause 9.2 of Amending Deed dated tit i e r t datc]

ill"

I S 'b...L.c.e..rynk.ac 2.4=.11 .

16 — Part 2

Priority control to

traffic signals as shown in Annexure G

Intersection of Freemans Drive and

Alton Road

0m2

Sto

$0 $0 $608,000 $304 Deferred Rending RMS approval and

be provided prior to the release

of the next 100 lot stage following the

stage in which RMS approval is received

(provided it is not required before the 500th lot)


17 New priority control

intersection as shown in

Freemans Drive and the new access road (north)

Includes land

acquisition

$0

S

$0 $3,680,00 0


Certificate for



3 October 2017

Page 31 of 39

8145637_1



Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot

Timing for the


Cash Contribution


Dedication / Cash

Contribution

Annexure G

-

•

•

the 1,8001h Residential

Lot or prior to the release of a Subdivision Certificate for

the 1,600th Residential Lot in the Northern



part of Annexure G, whichever

occurs first. 18 Traffic

signals as shown in Annexure G

Freemans Drive

intersection with Deaves

Road

Includes land

acquisition

$0 $0 $614,000 $307 Prior to the release of a Subdivision

Certificate for the 1,000th Residential

Lot or prior to



3 October 2017

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8145637_1

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10 Item Facility Location Minimum Indicative Indicative Indicative Indicative Timing for Works In Kind

Land Area Land Cost Land Works Works the / Land Contribution

per Residential

Lot

Cost Contribution per

Residential Lot


Dedication / Cash

Contribution

Cash Contribution the release of a Subdivision Certificate for

the 1000th Residential Lot in the Southern

Traffic Zone As shown on


part of Annexure G, whichever

_ occurs first.


3 October 2017

Page 33 of 39

8145637_1



Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot

Timing for the


Cash Contributio

n


Cash Contribution

19 Roundabout as shown in Annexure G

Freemans Drive and Stockton

Street

Includes land

acquisition

$0 $0 $2,420,000 $1,210 Prior to the release of a Subdivision Certificate

for the 1,000th

Residential Lot Prior to the release

of a Subdivision Certificate

for the 1,000th

Residential Lot in the Northern

Traffic Zone As shown on

plan in Annexure G, whichever

occurs first.

Works In Kind and

Land Dedication

ROADWORKS INDICATIVE WIK

0m2 $0 $0 $14,400,000 $7,200


3 October 2017

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8145637_1

CONTRIBUTION PER

RESIDENTIAL LOT


3 October 2017 8145637_1

Administration Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10



Indicative Land

Contribution per

Residential Lot


Indicative Works

Contribution per

Residential Lot

Timing for the


Cash Contribution


Cash Contribution

20 Administration Not applicable

0m2 $0

.

$0 $500,000* $200 Prior to the release of a Subdivision

Certificate for each

Residential Lot

Cash contribution

ADMINISTRATION INDICATIVE

CASH CONTRIBUTION

PER RESIDENTIAL

LOT

. 0m2 $0 $0 $500,000 $200

SUMMARY (Total of $25,000 per Residential Lot

Column 1 Column 2 Column 3


Indicative Land

Contribution per

Residential Lot

Indicative Capital

Contribution per

Residential Lot


3 October 2017

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8145637_1

TOTAL INDICATIVE WORKS IN KIND CONTRIBUTION PER RESIDENTIAL LOT .

$18,295

TOTAL INDICATIVE LAND CONTRIBUTION PER RESIDENTIAL LOT

$3,675

TOTAL INDICATIVE CASH CONTRIBUTION PER RESIDENTIAL LOT •

$108 $2,922

Notes

(1) All items marked with an asterisk * are Cash Contributions where the amount payable is a per Residential Lot amount. For example, if only 2,100 Residential Lots were developed on the Land, the total Cash Contribution payable would be $6,356,900 (ie $122,000 [Item 8a for land] plus $2,969 x 2,100) (excluding the effects of indexation).

(2) As regards the off site Multi Courts, the Developer will have the option to construct this as a Non Cash Contribution — refer clause 30.

(3) To avoid doubt, in the case of the Cycleway — Western side of development site to Cooranbong Town Common land dedication amount of $122,000, that. is a fixed amount that does not vary.

(4) The Non Cash Contribution per Residential Lot is an indicative value of $21,970, comprising land value of $3,675 per Residential Lot and works in kind value of $18,295 per Residential Lot.

(5) As regards the Community Worker and Bus, the required bus is a bus of at least 20 seats.

(6) With regard to the cycleways works, where these require bridging works to be performed, then those works are part of the relevant cycleways works.

(7) Where in the above table an expression is used in Column 9, referring to a release of a Subdivision Certificate for a particular "-th" Residential Lot, the "-th" Residential Lot means the total of the items in B in clause 10.7(b) of the VPA.

Moray & Agnew Deed Amending the North Cooranbong Voluntary Planning Agreement Page 37 o f 39

3 October 2017 8145637_1

deed amending the planning agreement (north cooranbong)

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