This Act is an amendment to the Planning Agreement within the meaning of section 7.6(2) of the Act. The plan under the heading "Sheet 5: Road and Canal Plan" on sheet 5 of. schedule 2 of the Planning Agreement is omitted and the schedule included in Sheet 5 of table 1 of this Act is inserted in its place.
MO OAKLEY MILLS
Application of other development contribution provisions 2
The Developer is the owner of the Site
The Developer has made development applications to the Council (DA 1509/2015/JPZ
In general terms, these development applications are (and will be) intended to facilitate the development of the Site for urban purposes
The Developer has offered to enter into this Agreement if Development Consents for the Development are granted and acted upon
The Agreement provides for the making of certain Development Contributions by the Developer in the circumstances set out within this Agreement
- Defined meanings
- Planning Agreement
- Application of other development contribution provisions
- Continuing application to Final Lots
- Carrying out of Work as a Development Contribution
- Council’s obligations relating to Work
- Completion of Work
- Variations to Development Contributions
- Credit for Development Contributions
- Facility categories
- Discharge Documents
- Registration
- Developer agreement to registration
- Registration of this Agreement
- Release and discharge of this Agreement
- Transfer, assignment or novation
- The giving of consent by the Council
- No requirement for consent when Agreement is registered
- Termination
- Breach of obligations
With respect to a Work, the reference to "making" in Section 4.1(a) is a reference to the completion of the Work for the purposes of this Agreement. Council under Section 145 of that Act; or. c) the Council is provided by the Developer with an instrument, in recordable form, which (when registered) will effect the transfer of ownership of the land to the Council. Nothing in this Agreement creates or gives Developer any estate or interest in any part of the land referred to in clause 6.3(a).
The Council must give reasonable advance notice to the Developer before entering any country under this clause 6.4. Nothing in this Agreement creates or gives to the Council any estate or interest in any part of the land referred to in this clause 6.4. 6.5 Obligations of the Board in Relation to Work. No later than 60 days after the Work is completed for the purposes of this Agreement, the Developer shall provide Board with a complete work-as-executed plan related to the Work. 94 Contribution (to the extent of the previous Nomination) under clause 8.4(d). d) Notwithstanding Section 94 of the Act, no Section 94 contribution is payable.
The Developer agrees to register this Agreement under Section 93H of the Law relating to the Site. a) Within 60 Business Days of entry into force of this Agreement:. i) Developer will take all reasonable steps at its own expense. For the avoidance of doubt, this clause 10.2 does not preclude the transfer of any part of the Site. It is the intention of the parties that the agreements that will ultimately apply to the Podium.
The Developer may terminate this Agreement by giving written notice to the Council in any of the following circumstances: i) there is no Development Consent in force requiring this planning agreement to be entered into as a condition of consent; and. If the Council reasonably considers that the Developer has breached any obligation under this Agreement, it may give written notice (Breach Notice) to the Developer:. a) specifying the nature and scope of the violation;.
I 16.2 GST
Party acting as trustee
If a party enters into this document as a trustee of a trust, that party and its successors as trustees of the trust will be liable under this document in its own right and as trustees of the trust. Nothing relieves the party of any responsibility in his personal capacity. warrants that on the date of this document:. a) all the powers and discretions conferred by the deed establishing the trust are validly exercisable by the party as trustee and have not been altered. or revoked and the trust is a valid and subsisting trust;. In (c) no limitation of the party's right to indemnification for or retention of the trust assets exists or will be created or permitted to exist, and such right will have priority over the beneficiary's right to the trust assets.
I (d) If more than one person is bound by this Agreement as Developer, any right that Developer may exercise under this Agreement. This Section 16.17 shall not prevent the Council from taking action or seeking injunctive relief against any Person who is a Developer hereunder in respect of any breach of this Agreement.
Validity of this Agreement
(d) The failure of a party to agree to take action required by the other party as a result of a review referred to in clause 16.20(a) is not a breach of this Agreement and cannot be dealt with under clause 15.
Definitions and interpretation
I (d) The failure of a Party to take action required by the other Party as a result of the review referred to in Article 16.20(a) is not a breach of this Agreement and cannot be dealt with under Clause 15. b) for all other works - a period of one year. Equitable Terms Act means the Land Acquisition (Compensation on Equitable Terms) Act 1991;. a) the part of Windsor Road which is directly adjacent to the city;. Maintenance in relation to the Work means keeping it in a good state of repair and working order and includes the repair of any damage to the Work;.
Registration of title means the registration of this contract in accordance with section 93H of the Act in the folio of the register maintained in accordance with the Real Estate Act in relation to the relevant parcels, and registered title refers to the state of the contract so registered;.
- No breach, etc of a Development Consent
- Explanatory Note
Service lot means a lot that is created for one or more of the following purposes: a) to be dedicated or otherwise transferred to the Council;. I Phase 12 means the Final Lots which would be within the area identified as 'Phase 12' in the Indicative Stadium Plan;. Value means the amount for that item as set out in column 6 of the table;
I Note: The parties have agreed on the values in the unique circumstances of this planning agreement and in agreeing these values the developer has considered the benefits of the broader planning agreement. I (b) when referring to activity, activity is aimed at producing the physical result of whatever. building, engineering or construction work in, on, above or under land. A). I (xi) an agreement, representation or warranty on the part of two or more persons is joint and several for their benefit;.
I (xii) no ambiguity in the interpretation of this Agreement shall be permitted. to be interpreted against the preparer. xiii) a reference to an exhibit, attachment, attachment or list is a reference to the relevant exhibit, attachment, attachment or list in this document; xiv) reference to the described provision, preface or qualified by name,. title or caption of a clause, subclause, paragraph, list, item,. annexure, attachment or appendix in this document means a cross-reference to this clause, sub-clause, paragraph, list, item, attachment, exhibit or xv) when there is something to be done or money to be paid. this document on a day that is not a working day, the thing must be. done and money paid immediately next business day; xvi) reference to the statute includes all regulations and amendments to this statute and any law passed in lieu of this statute or which includes any of its provisions to the extent that they are included;. xvii) the mentioned measures in relation to roads include all embankments, cycle paths, pedestrian paths and the like. And (b) no party has the authority to bind any other party with any representation. statement or admission, or enter into any contract or undertaking on behalf of any other party or pledge the credit of any other party.
Development Contributions
30 BHNR01 B 'Mt Carmel Road Transport New Construction Immediately prior to issue of Main Road - Mt between Killarney ponds chain and subdivision certificate. Carmel Road - Mason Road, being: for the creation of the first Killarney chain of .generally in accordance with the Final Lot road in Phase 2 Ponds to Mason. 31 BHNR02A 'New Mt Carmel Road Construction Immediately Prior to Release of Main Road - Mt between Mason Road and Subdivision Certificate Boundary.
Carmel Road - Road connection road, such as: for the creation of the first Mason Road. 72 BHT07 'Mt Carmel Construction of a traffic roundabout Immediately prior to issuance $435,104 I Mason Road intersection of Mount Carmel Road and Subdivision Certificate. 73 BHT08 'Mt Carmel Construction of a Traffic Roundabout Immediately Prior to Release $435,104 Boundary Road I Junction of Mount Carmel Road and Subdivision Certificate.
Road Link' the Boundary Road link road that is: for the creation of the first. 74 BHT09 'Mt Carmel Construction of a roundabout at the Transport Immediately prior to the issuance $435,104 Road I George intersection of Mount Carmel Road and of the Subdivision Certificate. Road / Future intersection of Mount Carmel Road and of the Subdivision Certificate Business Park future business park road that is: for the creation of the first Road'.
Sheet 2: Indicative Staging Plan
Sheet 3: Indicative Layout Plan
- The Existing Developer intends to transfer [Insert title reference(s)) to the New Developer
- The Existing Developer has agreed to transfer the Rights and Obligations to the New Developer
- The New Developer has agreed to accept the Rights and Obligations as a Developer under the Agreement
- Release and Discharge (the Council)
- Indemnity
- Representations and Warranties
- an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;
If, as a result of the transfer, the Existing Developer will no longer own any of the Sites:]. The Council has agreed to transfer the Rights and Obligations of the Existing Developer to the New Developer and the parties have agreed to enter into this Deed. give effect to their common goals. If, as a result of the transfer, the Existing Developer will continue to own part of the Site:].
The Board has approved the transfer of the relevant land to the New Developer and the inclusion of the New Developer as a Developer party to the Agreement and the parties. have agreed to enter into this Act in order to give effect to their common intentions. Agreement and the New Developer will enjoy all rights and benefits of the Existing Developer under the Agreement (even if any obligation, right or benefit arose or accrued prior to the Effective Date). As of and from the Effective Date, the Board will:. a) agrees that the New Developer will be replaced by the Existing Developer on the. conditions set out in clause 2 of this deed;.
I (e) agree to be bound by the terms of the Agreement in any way as if the New. The Existing Developer and the New Developer each acknowledge that the Council has entered into this Deed in reliance on the representations and warranties described in clause 5.1. Agreement means the voluntary planning agreement between the Council and the existing developer dated [insert date], a copy of which is attached to this deed as Schedule A.
