2017-11-13 General Committee Agenda

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4.2     Plan of Survey
        The Council shall forthwith prepare a Plan of Survey of the Acquired Land and forward such
        plan to the Applicant within 30 calendars days of the Commencement Date.
4.3     Settlement

        Settlement shall take place on the Settlement Date. The balance compensation amount shall
        be paid by the Council to the Applicant on the Settlement Date in exchange for:
        (a)    Vacant possession of the Acquired Land.
        (b)    The duly executed Plan of Survey capable of immediate registration in the appropriate
               office free from encumbrances, together with any necessary document (including
               Release of Mortgages 717895184 and 717895206) to allow registration of the
               Acquired Land as road.
        (c)    Production of any instrument of title required for registration of the Acquired Land.
        (d)    The bank guarantees required pursuant to Clause 9.
4.4     Timing of Roadworks
        The Applicant and the Council acknowledge that it is the intention of the parties that the
        Council Roadworks will be carried out contemporaneously with the Frontage Works and the
        Applicant's development works pursuant to the Development Permit.
4.5     Completion of Roadworks
        The parties acknowledge that it is intended that Council will complete all road works (including
        the Frontage Works) within     18 months of the Commencement Date and before
        commencement of the use approved by the Development Permit. However, the Applicant
        acknowledges and agrees that it shall have no right of action against the Council for damage
        or loss occasioned to it as a result of delay by the Council in completing the road works.
5       APPLICANT'S WORKS

Del.    Demolition of Building
       The Applicant shall demolish the structures currently located on the Acquired Land with all
        building materials, including all concrete slabs and foundations associated with the structures
        removed and the area suitably graded to a free drainage state prior to settlement.

6       DEVELOPMENT APPLICATION

6.1     Parking Provision
       The Council Roadworks include the provision of on-street parking bays at the Hilton Terrace
       frontage to the Subject Site which the Council agrees replace 8 car parking spaces which would
       otherwise be required as a condition of approval of the Development Application.

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