This document is copyrighted by Herbert Smith Freehills and its use without permission is strictly prohibited. 2 On 8 February 2011 Council resolved to approve the DA by issuing development consent subject to conditions. 4 On 15 March 2012, QIC applied to vary the development consent under section 96 of the EPA Act.
6 QIC agreed to pay RMS a monetary contribution for the performance of the Showground Road Upgrade Works, with all requirements fully met. 8 On September 12, 2013, QIC, RMS and Council entered into a voluntary planning agreement under Section 93F of the EPA Act, documenting the agreement between them regarding the Showground Road Upgrade Works. 10 On December 23, 2014, QIC submitted the New DA to the Council regarding a new proposal for the Stage 3 Expansion Project.
The Parties intend to document the revised agreement between them regarding the Showground Road Upgrade Works in this Planning Agreement which is governed by Subsection 2 of Section 6 of Part 4 of the EPA Act.
Definitions
Development Consent development consent granted by The Hills Shire Council in respect of DA dated 8 February 2011. Excluded Works any work for the purpose of upgrading Showground Road and related junctions including without limitation Showground Road Upgrade Works and any upgrade to Showground Road/Pimpel Street junction. Explanatory note The explanatory note relating to this deed as required by section 25E of the Environmental Planning and Assessment Regulations 2000.
Initial Monetary A one time contribution of GST excluding) paid to RMS in Contribution in accordance with clause 7 of this deed for the benefit of the. Governmental entity the Crown, a minister, a government department, a company or authority set up for a public purpose, a local authority or municipality, a court, or any officer, employee or representative of the foregoing acting as such. Land the land described in Annex 3A and the road reserves depicted on the indicative plan in Annex 313.
Prescribed Rate The rate prescribed from time to time under the Uniform Rules of Civil Procedure 2005 as the rate of interest on judgment debts plus 2% calculated daily and compounded on the last day of each month. Second Monetary Single Contribution GST exclusive) paid for RMS Contribution in accordance with clause 8 of this act for the purpose of.
Interpretation
The parties agree that this Deed is a Planning Agreement governed by Subdivision 2 of Division 6 of Part 4 of the EPA Act. The parties agree that this Agreement shall be effective and binding upon the parties from the date on which it is entered into by the parties. The parties acknowledge and agree that to the extent that a provision or part of a provision of this document has already been fulfilled, that provision or part of a provision need not be reconsidered due to the amendment of this contract. action. a) Subject to Clause 5(c) and Clause 5(e) RMS is required to carry out the upgrading of Showground Road between Pennant Street and Carrington Road to four lanes and associated junction works, including any minor changes to the Council's secondary roads which are essential to in accordance with the agreed conceptual design.
RMS shall be deemed to have complied with clause 5(a), provided it performs the Showground Road Upgrade Works in accordance with all Approvals. RMS is entitled to an extension of time for completion of the Showground Road Upgrade Works equal to the time by which RMS was delayed as specified in the Notice. QIC must pay the first cash contribution no later than 30 days after the date of this deed RMS.
QIC agrees, as soon as possible after the payment of the Second Financial Contribution, but no later than 6 months after the payment of the Second Financial Contribution, to:. 2): grant an easement over the land identified in Schedule 2C (Easement Lands) generally in accordance with the terms of the Easement included in Schedule 6 to this deed.
QIC must not deal with property
In any case, QIC must pay the Second Monetary Contribution RMS by no later than 60 days after the date of this deed, even if the conditions precedent in clause 8(a) have not been met. Showground Road Upgrade Works between Pennant Street and Kentwell Avenue including the intersection of Showground Road and Kentwell Avenue; and. RMS must prepare any plans, notices or other documents required to dedicate the Committed Land to Council under clause 9.1(a)(1).
Subject to Section 9.1(b), the parties agree to do everything necessary to give effect to the dedication of land and grant of easement identified in Section 9.1(a). For the avoidance of doubt, the parties agree that the entry into an access permit in accordance with Section 9.1(d), the granting of an easement pursuant to Section 9.1 (a)(2) and the registration of a public positive covenant and extinguishing. of the easement in accordance with clause 9.4 is not a trade for the purpose of this clause.
Caveat
The parties agree that this deed shall be registered on the Land in accordance with section 93H of the EPA Act and upon registration by the Registrar General this deed shall from time to time be binding on and enforceable against the owners of the Land as if each owner entered into this deed for the time being.
Consents to Registration
Release from Registration
Registration Expenses
A to the contribution plan no. 9 Castle Hill Town Center (CP9) excluding works (currently for capital and $780,000 for land acquisition, total cost allocated to CP9). Nothing in this deed shall be construed as requiring the Council or RMS to do anything which would cause it to be in breach of any of its obligations by law, and without limitation nothing shall be construed as restricting or restricting in any way the exercise of any statutory discretion or duty. This deed may be enforced by either party in any court of competent jurisdiction.
For the avoidance of doubt, clause 16(b) does not apply to any commercial or retail tenancy of the whole or part of Castle Towers Shopping Centre. If a party claims that a dispute has arisen under this act (the Plaintiff), it must notify the other party (the Defendant) in writing stating the issues in dispute and designating as its representative a person to negotiate the dispute (Notice of Request).
Response to Claim Notice
Negotiation
Further notice if not settled
Mediation
Litigation
Exchange of information
Continue to perform obligations
Reimbursements
Additional amount of GST payable
Variation
Notices
Waiver
Governing law
Prior agreements superseded
Modification of deed
Representations and warranties
Severability
Confidentiality, media releases and enquiries
Counterparts
No fiduciary relationship
Furtheracts
Consideration of benefits under this Act if application of section 94 applies Section 94 - (Section 93F(3)(e)) Act is excluded in relation to any. Licensee has requested Licensor to grant Licensee a license of the Licensed Area for Permitted Use. Easement means the easement to be granted over the easement lands in accordance with clause 9.1 (a) (2) of the Planning Agreement.
Licensee's Property means all plant, equipment and property owned, leased or used by or on behalf of Licensee in the Licensed Area. Licensor's property means all plant, equipment and property owned, leased or used by or on behalf of Licensor in the Licensed Area. Surface means the ground level of the subject lot on the date of this deed.
Term means the term of the license granted under this act for the licensed area, starting on the commencement date and ending on the expiry date. The Licensee is not required to pay the Licensor a license or any other money for the use of the Licensed Area in accordance with this act. Existing Improvements means all improvements, infrastructure or any other structure in the Easement Area as of the Easement Date.
New Improvements do not include changes to the Servitude Area after the Date of the Servitude that are minor and which (to the satisfaction of the Grantee acting reasonably): otherwise affect the beneficiary's exercise or enjoyment of any rights under this easement; or cause the Grantor to breach the Grantor's obligations under this Easement. Engineer's Report means a report prepared by an Engineer describing the repair and condition of the Replacement Retention System and containing such information as is reasonably required by the Grantee.
