2020-09-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   8 SEPTEMBER 2020




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                8 SEPTEMBER 2020

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               {i) | Statutory modification or re-enactment of or any statutory provision substituted
                     for that legislation, section or provision;
               {ii)  Ordinances, by-laws, regulations and other statutory instruments issued under
                     that legislation, section or provision.

    2.    INFRASTRUCTURE AGREEMENT

    2.1   Application of Act

          This deed is intended to constitute an infrastructure agreement under the Act.
    2.2   Conditions precedent
          (a)  This deed is subject to and conditional on:

               (i)   Each party unconditionally delivering a full and validly executed deed or
                     counterpart of this deed to other party; and
               (ii) | The Subdivision Approval taking effect under the Act.
          (b)  Each party must use all reasonable endeavours to procure the satisfaction of the
               condition specified in clause 2.2(a)(i).
          (c)  If the conditions in clause 2.2(a) are not satisfied then this deed will be of no force or
               effect and the parties will have the same rights and obligations which they had prior to
               the date of execution of the deed as if this deed had never been executed.

    2.3.  Condition subsequent
         If the Subdivision Approval lapses or is cancelled under the Act then, this deed will automatically
          cease and determine and any payment made under this agreement will be refunded to the
          person who made the payment.
    2.4   Deed to bind successors in title

          The parties warrant that it is the intention of the parties that the obligations of the Applicant
          under this deed will attach to the Subject Property and be binding on the Owner and the
          Owner’s successors in title in accordance with s 155 (When infrastructure agreements bind
          successors in title) of the Act.

    3.    APPEAL

          The Applicant and the Council agree to enter into a consent judgment allowing the Appeal
          subject to the conditions of approval in Schedule 4 hereto or such variation thereof as is allowed
          by the Planning and Environment Court with the consent of the parties.

    4.    OBLIGATIONS OF THE PARTIES

    4.1   Warranty of Ownership

          The Owner warrants that, at the time of signing this deed, it is the owner of the Subject
          Property.

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