The planning proposal sought to facilitate approx. 408 homes on the part of the site owned by Aqualand. This land is no longer part of the land covered by the planning proposal or the VPA offer. Beautification of the public reserve for the purpose of a local park (note the proposed consolidation of the two retention tanks on the site into one underground tank and removal of the bioretention basin) - to the value of approx. $500,000;.
Consolidation of two on-site detention tanks into one underground tank and removal of the planned bioretention basin in the public reserve. In conjunction with the removal of the existing requirement for the developer to beautify lot 214 (public reserve) for the purpose of a drainage reserve (including bioretention basin), proposed beautification works to lot 214 (public reserve) for the purpose of a local park are included as a commitment through changes to existing VPA (Appendix 1); and.
As part of his development proposal for the subdivision of the land, the Developer has dedicated the Landas Public Dedication Reserve at no cost to Council. As part of its proposals, the Developer offers to install a drainage reservoir within the Dedication Land Designed for the 100 year storm event in accordance with the Shire Council's design parameters and sized to allow for an increase in rainfall intensity of 20% of other for such part of the Proposed Development as drainage to the south. As part of its development proposal, the Developer offers to pay the Monetary Contribution. The contribution is for the cost of storm water quality improvement works within the downstream catchment rather than in-ground water quality treatment equipment.
Planning agreement under the Act
The Joint Regional Planning Panel is the consent authority under the Environmental Planning and Assessment Act 1979 (NSW) (the Act) for the proposed development. The council is obliged to assess the proposed development before the Joint Regional Planning Panel grants permission. The developer submitted the development application for consent for a concept master plan and phased residential subdivision above land in lot 2DP 817696 on 4 July 2011 and has made amendments to the development application.
Application of this document
Operation of this Agreement
The Council's obligations are fulfilled when the Council provides the Developer with a signed registration form for the issuance of the registration of this document. The date of issue of the subdivision certificate for that portion of the Land in the development stage. This document is made in relation to the Proposed Development and applies to the Land.
The Developer must register this Agreement on the title of the Land within sixty (60) days after it is entered into between the parties. The obligations of the Council have been fulfilled when the Council provides the Developer with a signed Request in registrable form for the exemption from registration of this document. In the event that the Developer enters into a contract for the sale of the Land subject to the Development Consent, the Developer (as vendor) will disclose the existence of this Agreement to the purchaser.
building consent means a building consent granted by the council under section 4.16 of the Act in relation to land. Surrender means surrender by the works council in accordance with this contract. Before issuing a permit for the use of the first dwelling on the land.
On each anniversary of the date hereof, the first cash contribution applicable immediately prior to such anniversary shall be increased by a percentage equal to the annual percentage increase, if any, in the Consumer Price Index last published prior to such anniversary. On each anniversary of the date of the novation and modification of the Planning Agreement, the Second Cash Contribution in effect immediately preceding such anniversary shall be increased by a percentage equal to the annual percentage increase, if any, in the Consumer Price Index last published prior to the applicable anniversary. The contribution of money is required to fund the construction of improvements in the public domain adjacent to the land (including those defined in section 93(F)(2) of the Act) as determined by the Council's Chief Executive from time to time and the Council will use for these purposes monetary contribution.
The Council grants the Developer a non-exclusive license to enable the Developer and its agents, employees, contractors, subcontractors or consultants to enter and use the Dedicated Land for the purpose of performing the Works (License). This License takes effect on the date of execution of the Renewal and Modification Planning Agreement and expires upon Delivery of the Works. 8A.3.Except as required by law, the Council shall not do anything to prevent the Developer or its agents, employees, contractors, subcontractors or consultants from accessing and using the Dedicated Land under the License for the purposes described in clause 8A .1.
Ownership of Works
REGULAR COUNCIL MEETING AUGUST 13, 2019. a) performs the works himself, or. b) enters into an agreement with another person according to which the other person performs the Works on behalf of the Developer. The Developer warrants that upon delivery of the Works it is not subject to any security interest (as defined in the Personal Property Securities Act 2009 (Cth) (PPSA)) and any security interest recorded in the Personal Property Securities Register has been discharged . The Developer indemnifies the Council against all claims, costs, losses and expenses the Council may suffer from any breach of this warranty or any claim or action taken by any person in respect of any security interest (as defined in the PPSA) in the Works.
Effect of Developer's Compliance with this Agreement
Determination of Value
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
Rectification of Defects
19.5.1 1 call upon the Security to cover its costs of rectifying the defect, and 19.5.2 recover any difference as a debt due in a court of competent jurisdiction.
Cost of Works carried out by the Council
If required by the Council, the Developer shall immediately execute any document and take any action necessary to effect the registration of such document on the land title. If Development Consent is granted by the Council in relation to the Development Application(s), this document ends in relation to that particular Development Consent:. a) upon completion of the Development Consent; or. 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.
Environment has the same meaning as set out in the Dictionary to the Protection of the Environment Operations Act 1997 (NSW).
Indemnity and lnsurance
Provision of Security
Easements Covenants and Restrictionson Title
Identification of how the proposed planning agreement promotes elements of the Council's charter under the Local Government Act 1993.
Application of s94, s94A and s94EF of the EPM
Breach Notice and Rectification
The parties may not institute or maintain any action on any dispute (except for urgent injunctive relief to preserve a particular position) until it has been referred and determined as provided in this clause. A party referring a dispute for resolution must do so by written notice to the other parties specifying the nature of the dispute and a nominated officer of the referring party with sufficient authority to determine the dispute. Upon service of the Dispute Notice, the receiving Parties must refer the Dispute to an officer with sufficient authority to determine the Dispute.
The designated officials of each Party must meet at least once and make reasonable efforts to resolve the dispute by negotiation within seven days of service of the notice of dispute. By agreement, the designated officers may hire the services of a mediator to assist them in resolving the dispute. If the appointed officials are unable to resolve the dispute within seven days of service of the notice of dispute, they must endeavor to appoint an expert by agreement within the next seven days.
ORDINARY MEETING OF COUNCIL 13 AUGUST 2019. d) The Expert must act as an expert and not as an arbitrator. a) The Expert must also determine how the expenses relating to the referral of the Dispute (including the Expert's remuneration) must be divided between the parties and in the absence of a decision by the Expert. expenses must be borne equally by the parties. In determining the allocation of costs, the Expert may take into account what the Expert, in its reasonable opinion, considers to be a lack of good faith or a failure to use reasonable efforts by any party assisting the Expert or settle the dispute between the parties' nominated officers as required by this clause.
Registration of document on Title
Exhibition fees or fees payable to the NSW Department of Planning &·
Each party shall execute any document and perform any action necessary to give full effect to this document, whether before or after execution of this document. a). The provisions of this document do not merge with any act performed or carried out by any party for the purposes of execution of this document. Any representation in this document survives the execution of any document for the purposes of, and continues after the execution of, this document.
Any failure by a party to exercise any right under this document shall not constitute a waiver and the single or partial exercise of any right by that party shall not preclude any other or further exercise of that or any other right by that party. party out. A party's rights under this document are cumulative and do not exclude any rights established by law. This document may be made in any number of counterparts, all of which are deemed to form one and the same document. 35.11 Party Acting as Trustee.
If a party enters into this document as trustee of a trust, that party and its successors as trustee of the trust will be liable under this document in its capacity as trustee of the trust. The party guarantees that on the date of this document: a) all powers and discretions granted by the deed establishing the trust are capable of being validly exercised by the party as trustee and have not been amended or revoked and the trust is valid and existing. The parties represent and warrant that they have the power to enter into this document and to perform their obligations hereunder and that entering into this document will not result in a violation of any law.
If the clause or part of a clause of this document can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid , it should be read in the latter way. .If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part shall be treated as removed from this document, but the rest of this document shall not be affected.
Definitions and interpretation
This License commences from the date of execution of this Agreement and expires with the Handover of the Works described in Item 2 of Schedule 4. Dedication Lands means the parts of the Land specifically identified for dedication to the Council in Schedule 3.