2020-01-13 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA   13 JANUARY 2020




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GENERAL COMMITTEE MEETING AGENDA                                                                13 JANUARY 2020

                6.2.  Reconfiguring and non-compliance
                      If the Subject Site is reconfigured under the provisions of the Act and the
                      obligations under this Deed have not been satisfied, this Deed remains attached
                      to the reconfigured lots and the owner’s successors in title remain bound by this
                      deed.
                7     SERVICE
                7.1   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.
                7.2   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.
                7.3   Proof of service
                      In proving service of a Notice made, given or served by the Council it is only
                      necessary for the Council to certify to that effect under the hand of the Chief
                      Executive Officer.
                7.4   Form of Notice
                      (a)  A Notice given by a party must be in writing and signed by the party.
                      (b)   A Notice given by a party may be signed by an officer of that party or the
                            solicitor for that party.
                      (c)   A party receiving a Notice is not obliged to enquire as to the authority of the
                            person signing the Notice.
                8     MISCELLANEOUS
                8.1   Payment of costs
                      The applicant shall pay the Council's legal costs of and incidental to the
                      preparation and execution of this Deed on a solicitor own client basis.
                8.2   Time
                      Time is, in all cases, of the essence.
                8.3.  Place for payment of monies
                      All monies payable to Council under this deed are payable free from all deductions
                      at the address of Council specified in Schedule 1.
                8.4   Waiver
                      No waiver by the Council of any breach by the applicant or owner of any of the            ;
                      provisions of this Deed shall be implied against the Council or be otherwise
                      effective unless it is in writing under the hand of the Chief Executive Officer.    A :
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