Attachment 5 - Deed of Variation to Infrastructure Agreement (22.01.20)

 

12

13

12.1

12.2

12.3

13:1

13.2

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reimbursement for GST (whether that amount is separate or included as part of a
larger amount).

NOVATION OF DEED UPON SALE
Restriction on the right to Sell the Land

Subject to Clause 12.3 (Restriction not to apply to subdivided Lots), the Applicant shall not
Sell the Land or a precinct within the Land as shown on. Master Plan 2, prior to the
performance and fulfilment of the Applicant's obligations under this document unless the
purchaser shall enter into a deed of novation of this document with the Council whereby
the purchaser becomes contractually bound to the Council to perform and fulfil the
provisions of this document or such of them as remain unperformed or unfulfilled by the
Applicant at the time of such Sale.

Applicant Remains Liable Until Purchaser Signs
Until the proposed purchaser executes and delivers the required deed of novation or in the

event of a Sale being made otherwise than in compliance with clause 12.1 (Restriction on
the right to Sell the Land):

a. the Applicant remains liable for the performance and fulfilment of this document

as though no Sale had taken place; and

b. the Applicant shall perform and fulfil such of its obligations under this document
as have not been performed and fulfilled immediately or at such other time or
times as the Council stipulates, even if the time or times otherwise appointed for
such performance and fulfilment have not then arrived.

Restriction not to apply to subdivided Lots _

Clause 12.1 (Restriction on the right to Sell the Land shall not apply to a Sale in the ©

ordinary course of entering into agreements to Sell Lots which conform to a design

approved by the Council and are shown on a registrable Plan for the Reconfiguring of the .

Land or a Building Format Plan consented to by the Council.
SERVICE
Service by prepaid post

A Notice is sufficiently made, given or served by a party if left at or forwarded by prepaid
post in an envelope addressed to the other party or any ‘of them (where there are more
persons than one comprising the Applicant) at the address specified in Schedule 1.

Service by post

A Notice if sent by prepaid post is deemed to have been made, given or served at the time
when in the due course of the post it would be delivered at the address to which it is
directed whether or not it is actually received.

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