Subject to clauses 7.11 and 7.12, the Developer shall, at its own expense, allocate the Dedicated Land to the Council in accordance with the times or events specified in Schedule 1. The use of the Allocated Land must be in accordance with the relevant zone at the time of Dedication under the Hi/Is Local Environmental Plan 2012. The zone objectives of the applicable zones at the date of this agreement are as follows:. To meet the housing needs of the community in a medium density residential environment. ii).
The council must provide the developer with a tax invoice for its reasonable expenses in connection with the dedication of the dedication land, including its legal costs and disbursements (including any registration fees). The developer must pay the Council with reasonable notice the stamp duty (if any) on the dedication of the dedication land. Environment has the same meaning as in the Protection of the Environment Operations Act 1997 (NSW) as at the date of this Agreement:.
Prior to the Dedication of any Assigned Land, the Developer must provide the Council, at the expense of the Developer, with a Phase 1 Desktop Environmental Assessment of the site relating to that portion of the Dedicated Land, if requested by the Council. Notwithstanding any other provision of this Agreement, if the Works are located on the Dedicated Land, the Developer may at any time prior to the Delivery of the relevant Works to the Board.
Protection of People, Property and the Environment
Developer must comply with a Notice of Outstanding Works as per its terms and at Developer's own expense. If the Board believes that the Developer is in breach of any obligation under this Agreement relating to the performance of the Works. The Council, in its sole discretion, may send the Developer a notice requiring that the breach be remedied to the reasonable satisfaction of the Council.
Notice under Section 18.2 is intended to provide Developer with a reasonable period of time (and in any event not less than 28 days) to rectify the breach. If the Developer disputes that it is in breach of any obligation under this Agreement related to the performance of the Works, or disputes the standard of work necessary to remedy the breach. The Developer shall provide, together with the Work-as-Executed Plan, all applicable certificates, including where relevant, any final professional certificates, to verify that the Works have been performed in accordance with the relevant standards.
20.2, Developer must comply with a Rectification Notice at its own expense under the terms of the notice, unless Developer disputes the Rectification Notice. When the Developer believes that the works specified in the Rectification Notice have been completed, the Developer may provide the Board with a Rectification Certificate in respect of the Works that are the subject of the relevant Rectification Notice.
Monetary Contributions for exceedance of the proposed number of dwellings
The Developer shall not commence the Works unless it first provides the Council with satisfactory written evidence of all the insurance referred to in clause 26.2. This clause shall not apply if the Council has otherwise waived compliance with this clause by the Developer by written notice to the Developer. The developer must give the bond to Council within 7 days of receiving notification that concept development consent has been granted for the phased development application.
The Developer shall not commence construction of the External Road Works element unless he has provided the Council with an appropriate bond. The amount of the security deposit shall be equal to the cost of completing the external road works plus a 15% contingency amount which, as of the date of this contract, is the amount stated in the summary. However, the developer cannot be required to provide a security deposit above the security amount adjusted annually by the CPI.
On each anniversary of the date of this Agreement, the amount of the security deposit shall increase by a percentage equal to the annual percentage increase (if any) in the CPI last published prior to such anniversary. The Developer shall, at the Council's request, increase the amount of the bond held by the Council to the amount of the bond to be provided under this Agreement.
Application of s94, s94A and s94EF of the Act 1. For the purpose of section 93F(5) this Agreement
Where the Council is not the certifying authority for any aspect of the Proposed Development, the Developer must provide the private certifier with a copy of this Agreement appointing a private certifier. If the Developer, in the reasonable opinion of the Council, breaches a material obligation under this Agreement, the Council may give the Developer written notice of the breach and require the remedy of that breach within a reasonable period of time (Notice of Breach). The parties acknowledge that at the date of execution of this Agreement the Developer does not own all parts within the Land and that the Council shall be entitled to register this Agreement successively, only upon the granting of the relevant Detailed Development Consent.
Each Party shall promptly execute any document and perform any action necessary to effect the registration of this Agreement in the title of the relevant parcel of land. The Council's obligations under this clause are fulfilled when the Council gives the Developer a signed Request in registration form for the release of the registration of this Agreement. In the event that the Developer enters into a contract for the sale of land subject to the Development Consent Concept, the Developer (as seller) will disclose the existence of this Agreement to the buyer.
Favored Land means the parcels of land specified in Column 1 of the Favored Land Schedule. Draft development consent means a development consent granted by the Council for a Phase Development Application in terms of section 80 of the Act. Contribution value means the amount specified in the column marked "Total" of the table in Schedule 3.
Development application means a development application made in accordance with Part 4 of the Proposed Development Act. Development contributions mean the consecration of dedicated land and the provision of material public benefit through works. Environment has the same meaning as set out in the Dictionary of the Environment Act 1997 (NSW) at the date of this Agreement.
Gazettal means publication in the NSW Gazette of the rezoning of the Land substantially in accordance with the Planning Proposal. -Handed over or handed over means handing over to the Works Council in accordance with this Agreement. New Contribution means any development or infrastructure related contribution payable to any Authority in terms of:. any law enacted after the date of this agreement; or. any contributions payable under section 94, section 94A or section 94EF of the Act on the grant of any Development Consent for the Proposed Development.
Planning proposal means a planning proposal prepared in accordance with Part 3 of the Act, as set out in the summary. Security means a bank guarantee or bond in favor of the Council on terms satisfactory to the Council or such other form of security as the parties may agree. Security Amount means the amount set out in the summary of this Agreement pursuant to section 93F(3)(g) of the Act, which is a bond or security for the enforcement of the Agreement in the event of breach by the Developer.
Phased development application means a phased development application made under Part 4 Division 2A of the Act in respect of a draft proposal for the Proposed Development.
Box Hill North Water Management (WCM Items 1-6) Part A
Box Hill North Water Management (WCM Items 7-23) Part B
Box Hill North Water Management (WCM Items 25-34) Part C
Box Hill North Collector Roads (TM Items 19-24, 29)
N Schedule 3 - Box Hill North Gycleways (TM Items 25-27)
Box Hill North Traffic and Roads (TM Items 1-187 28)
Box Hill North Open Space (OS Items 1-16)
