This is Page 1 of the Minutes of the Hills Shire Council Regular Meeting of November 26, 2019. This is Page 2 of the Minutes of the Hills Shire Council Regular Meeting of November 26, 2019. This is Page 3 of the Minutes of the Hills Shire Council Regular Meeting of November 26, 2019.
This is page 4 of the minutes of the ordinary meeting of Hills Shire Council held on November 26, 2019. This is page 5 of the minutes of the ordinary meeting of Hills Shire Council held on November 26, 2019. This is page 6 of the Minutes of the regular meeting of The Hills Shire Council held on November 26, 2019.
This is page 7 of the minutes of the ordinary meeting of the Hills Shire Council held on 26 November 2019. This is page 8 of the minutes of the ordinary meeting of the Hills Shire Council held on 26 November 2019. This is page 9 of the Minutes of the ordinary meeting of The Hills Shire Council held on 26 November 2019.
This is page 10 of the minutes of the ordinary meeting of Hills Shire Council held on 26 November 2019. This is page 11 of the minutes of the ordinary meeting of Hills Shire Council held on 26 November 2019. This is page 12 of the Minutes of the ordinary meeting of the Hills Shire Council held on 26 November 2019.
This is page 13 of the minutes of the ordinary meeting of Hills Shire Council held on 26 November 2019. This is page 14 of the minutes of the ordinary meeting of Hills Shire Council held on 26 November 2019. This is page 15 of the Minutes of of the ordinary meeting of the Hills Shire Council held on 26 November 2019.
This is page 16 of the minutes of the ordinary meeting of Hills Shire Council held on 26 November 2019. This is page 17 of the minutes of the ordinary meeting of Hills Shire Council held on 26 November 2019. A total of 16 public submissions were received as response to the exhibition of the draft VPA.
This report considers submissions received in response to the public exhibition of the draft VPA.
Defined meanings
Council is the consent authority under the Environmental Planning and Assessment Act 1979 (NSW) (the Act) for the proposed development. The investor is the owner of the land and has submitted a planning proposal to the Council in relation to the land. After approval of the planning proposal, the developer proposes to file a planning application in relation to the land.
Planning agreement under the Act
Application of this document
This Agreement is made in respect of the Proposed Development, including Phased Development Applications, Development Applications and any other Development Applications required for the Proposed Development, and applies to the Land.
No restriction on Council’s Powers
Operation of this Agreement
Public Access Lands
Obligation to Carry Out Works
Staging of Works
Ownership of Works
Access to the Land and location of Works
Protection of People, Property and the Environment
Damage and Repairs to the Works
Variation of Works
Hand-Over of Works
Failure to Carry Out and Hand-Over Works
REGULAR COUNCIL MEETING NOVEMBER 12, 2019. d) any delay caused by the bankruptcy or insolvency of any contractor or subcontractor engaged by the Developer for the purposes of the works subject to this Agreement;. e) any reasonable delay caused by rain, wind or inclement weather; f) any delay arising from any change in the law governing this Agreement; g) any delay resulting from any reasonable request for an extension of the term of any construction contract between the Developer and any contractor or subcontractor engaged to perform the works subject to this Agreement;. h) any delay resulting from any reasonable suspension by the Developer or any contractor or subcontractor employed to perform the works subject to this Agreement;. i) any delay caused by any action or inaction of a contractor or subcontractor engaged by the Developer to perform the works subject to this Agreement;. j) any delay by any governmental authority (including the Council) in granting any approval, consent, license or permit necessary for the completion of the works; or. k) any direction the Council gives for extending the delivery date.
Works-As-Executed-Plan
Rectification of Defects
Cost of Works carried out by the Council
Indemnity and Insurance
Provision of Security
Monetary Contributions
The description and location of the works specified in Columns 1 and 2 of Schedule 1 are for indicative purposes only and the Council may, in its sole discretion, apply the Monetary Contributions to any works (or land acquisition) for a public purpose it deems appropriate to serve new development within the Norwest Station Precinct. b) Clause 21.3(a) does not apply to the Monetary Contributions identified in Schedule 1 as 'Monetary Contribution to regional road and transport infrastructure'. Those Monetary Contributions must be held and maintained by the Council until such time as requested by Transport for New South Wales, at which time the Council must properly transfer those monies to an account designated in writing by Transport for New South Wales is specified, so that it can be applied for the public purpose of funding any regional road and transport infrastructure within The Hills Shire Council Local Government Area, as determined at the absolute discretion of Transport for New South Wales.
Application of sections 7.11, 7.12 and 7.24 of the Act
Termination
Consequences
Private Certifiers
Dispute Resolution
If the dispute is not finally resolved in accordance with this section 26, each party is free to bring legal action regarding the dispute. Each party shall continue to perform its obligations under this document notwithstanding the existence of a dispute.
Registration of document on Title
This agreement must be registered on the title of the land as soon as possible after its conclusion. Each party must immediately sign any document and take all necessary steps to effect the registration of this agreement on the title of the land. The Council will execute and provide any necessary document (in recordable form) at the request of the Developer and take all necessary action to remove this Agreement from the title of the Country where the Development Contributions have been made (including completion of the Works), no other money is due to the Council under this Agreement and the Developer is not in breach of any of its obligations under this Agreement.
The Developer must pay the Council's reasonable expenses, including registration fees, any stamp duty, for the registration of this document and the subsequent removal of registration.
Costs
The provisions of this Agreement shall not be combined with any act or document issued by either party for the purpose of implementing this Agreement. Any representation in this Agreement survives the execution of any document for purposes of and continues after the execution of that document. A party's rights under this Agreement are cumulative and not exclusive of any rights provided by law.
If a party enters into this Agreement as trustee of a trust, that party and its successors shall be liable as trustee of the trust in its own right and as trustee of the trust under this Agreement. The Parties represent and warrant that they have the authority to enter into this Agreement and to perform their obligations under the Agreement and that entering into this document will not result in the violation of any law. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part shall be treated as severed from this Agreement, but this shall not affect the validity of the remaining Agreement.
Development application means a development application made under Part 4 of the Proposed Development Act. Development consent means a development consent granted by the Council under section 4.16 of the Proposed Development Act. Development Contributions means the Monetary Contributions, dedication of land or the provision of a substantial public benefit, including the Works, under this Agreement and as set out in Schedule 1.
Environment has the same meaning as set out in the Dictionary of the Environment Act 1997 (NSW). GST means any tax, duty, charge or levy imposed under the New Tax System (Goods and Services Tax) Act 1999 (Cth) (the GST Act) or an Act of the Parliament of the State of Australia which is substantially in the form of or having a similar effect to the GST Act. Surrender means surrender by the works council in accordance with this contract.
Certificate of Correction means a certificate of compliance within the meaning of Section 6.4(e) of the Act certifying that the work that is the subject of a Notice of Correction has been completed in accordance with the Notice. Notice of Correction means a written notice that identifies a defect in the Works and requires that the defect be rectified within a specified period of time. Relevant Index means the index set out in column 6 of Schedule 1. Phased Plan Plan means the plan set out in Schedule 3. The Phased Plan Plan set out in Schedule 3 is indicative only for the purpose of clarifying the timeframe set out in column 3 of Schedule 1 to this Agreement. .
