2021-08-16 GC Agenda - Item 7 - Attachment 3 - MCU20-0072 - Deed of Agreement

                     6.2      Access to land by Applicant

                              The Owner consents to the Applicant having access to the Subject Site for the purpose of discharging its
                              Development Obligations under this document.

                    6.3       Access to land by Council

                              The Owner consents to the Council and its authorised Agents having access to the Subject Site for the
                              purposes identified in Clause 6.1.

                    7.       ASSIGNMENT

                    7.1       Restriction on assignment

                             The Applicant must not, without the Council’s prior written consent, assign its interests, rights or
                             obligations under this document, provided that such consent is provided within five (5) Calendar Days of
                             the date of any request and is not unreasonably withheld.

                    7.2      Transfer of the Subject Site

                              (1)      If the Owner proposes to sell or transfer its interest in any part of the Subject Site prior to fulfilment
                                       of the Applicant's Development Obligations under this document, the Owner must give the
                                       Council prior written notice of its intention to do so; and

                              (2)      Before the Owner sells or transfers their interest in any part of the Subject Site, the Owner must,
                                       at its cost, obtain a covenant by deed from the purchaser or transferee in favour of the Council
                                       that the purchaser or transferee will comply with and be bound by provisions of this document in
                                       the form prescribed by Council (acting reasonably).

                              (3)      The deed must be executed and delivered to the Council prior to the purchaser or transferee
                                       taking title or transfer of the interest.

                              (4)      If the Subject Site is transferred other than in accordance with Clause 7.2, the Applicant remains
                                       bound by this deed until such time as the Development Obligations have been fulfilled or the
                                       deed is terminated under clause 2.4.

                             7.3       Reconfiguring and non-compliance

                             If the Subject Site is reconfigured under the provisions of the Act and the Development Obligations under
                             this document have not been satisfied, the Applicant remains bound by this deed until such time as the
                             Development Obligations have been fulfilled or the deed is terminated under clause 2.4.

                    8.        SERVICE

                    8.1       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 person
                             comprising the other party) at the address of that party specified in Schedule 1.

                    8.2       Deemed service

                             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.




                                                                                 12


Document Set ID: 21573773
Version: 1, Version Date: 30/07/2021