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2014-03-25 Planning & Organisation Committee Agenda Pages 39-80

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   25 MARCH 2014




                                                   Page 70 of 231

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                              25 MARCH 2014

         3.1.   Following commencement of this Agreement each party must—
                (a)  Doall things which by this Agreement it has undertaken to do;
                (b)  Perform all obligations, covenants and agreements on Its part under
                     this Agreement; and
                (c)  Submit to all rights and remedies of the other party under this
                    Agreement.
         3.2    All obligations that the Owner is required to comply with pursuant to this
                Agreement shal! be so done or paid within the time respectively provided in
                this Agreement.            ;
         4,     ENVIRONMENTAL UNDERTAKINGS
         4.1.   The Owner must adhere generally with the Approved Plans and follow and
                implement the recommendations contained in the Approved Reports in
                carrying out the Development on the Land.
         4.2    With respect to reading and interpreting the Approved Plans and Approved
                Reports—
                (a)  In the event of any conflict between the Approved Plans and the
                    Approved Reports, the improvements on the Land will be completed
                     generally in accordance with the Approved Pans contained as
                    Annexure 1;              ’
                (b)  No vegetation will be removed or interfered with, unless the removal
                     of vegetation is alowed by and |s effected in accordance with the
~—— ams ome ——yreliminary Landscape Plans contained-in“Annexure 4; even though ~~ ~~~
                     other sections or parts of the Approved Reports may otherwise
                    seemingly allow for the removal of vegetation.
                    Example of the operation of clause 4.3(b), if the Landscape Plans
                    allow for the removal of sey 10 trees in a given area, the reference in ©
                     Table 5.7 on page 15 of the Weed Management Report to removal of
                     59 mature trees does not allow or sanction the removal of the 59
                    trees.   The removal of trees will only happen if allowed in the
                    Landscape Plians.
         4.3    The Owner, at its own cost, must obtain certificates from the respective
    .           authors of the Approved Plans and Approved Reports. Each certificate will
                state, with respect to the matters contained in the particular document
                provided by the author —
                (a) That the author of the certificate has visited the Land and done any
                    necessary testing, inspection or analysis needed to provide the
                    certificate;

         Makepeace Island infrastructure Agreement                      Page 7 of 18

                                                                                Page 70 of 231
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