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

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   25 MARCH 2014




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                             25 MARCH 2014

       9.3.  Where a determination (made through arbitration hald in accordance with
             clause §.1 above) bears upon the meaning, enforceability, interpretation or
             validity of any provision of this Agreement that determination is deemed for
             all purposes to form party of and be incorporated in this Agreement.
       10.   SALE OF THE LAND
       10.1. The parties to this Agreement agree that this is an infrastructure
             agreement to which section 5.2.5 of the Integrated Planning Act epplies,

       10.2  Notwithstanding the effect of section 5.2.5 of the Integrated Pianning Act
             and clause 10.1 of this Agreement, the Owner shall not Sell the Land or
             any part of the Land, pror to the performance and fulfilment of the Owner's
             obligations under this Agreement unless the purchaser shall enter into a
             deed of novation of this Agreement with the Council whereby the.
             purchaser becomes contractually bound to the Council to perform and fulfil
             the provisions of this Agreement or such of them as remain unperformed or
             unfulfilled by the Owner at the time of such Sale.
       10.3  Owner Remains Liable Until Purchaser Signs
     .       Until the proposed purchaser executes and delivers the required deed of
    .        novation or in the event of a Sale’being made otherwise than in
             compliance with clause 10,.2—                                        .
             (a)  the Owner remains liable for the performance and fulfilment of this
                  Agreement as though no Sale had taken place; and
             (b)  the Owner shall perform and fulfil such of its obligations under this
       mn        ~ Agreement as-have not been performed and fulfillod-immedietely or -
                  at such other time or times as the Council stipulates, even if the time
                  or times otherwise appointed for such performance and fulfilment
                  have not then arrived.
       11.   SERVICE
       11.1  Service by prepaid post
             A Notice is sufficiently made, given or served by a party if lefi 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 comprising the
             Owner) at the address specified in Schedule 1.
       11.2  Service by post
             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,
       11.3  Proof of service                                            .          "
      Makepeace Island Infrastructure Agreement                       Page 11 of 18

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