Dealing by the Developer Clause Samples
The "Dealing by the Developer" clause defines the rights and obligations of the developer when engaging in transactions or dealings related to the project or property. Typically, this clause outlines the circumstances under which the developer may sell, lease, assign, or otherwise transfer interests in the development, and may set conditions or limitations on such dealings. For example, it might require the developer to obtain consent from certain parties before transferring ownership or to comply with specific procedures. The core function of this clause is to regulate the developer's ability to deal with the property, thereby protecting the interests of other stakeholders and ensuring transparency in the management and disposition of the development.
Dealing by the Developer.
(a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without:
(i) the prior written consent of the City; and
(ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City.
(b) On and from registration of this document in accordance with clause 9:
(i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land;
(ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and
(iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without:
(A) the prior written consent of the City; and
(B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City.
(c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.
Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Mirvac Land without the City, the Developer and the third party the subject of the Dealing entering properly executing counterparts of the Deed of Novation and delivering those counterparts of the Deed of Novation to the City prior to or simultaneously with a transfer being signed in respect of the Mirvac Land.
(b) On and from registration of this document in accordance with clause 9:
(i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole or part of the Mirvac Land (without subdivision) to a purchaser of the Land and provided the party the subject of the Dealing enters into a Deed of Novation and delivers a properly executed copy of the Deed of Novation to the City;
(ii) the Developer may register a plan of strata subdivision on the Mirvac Land, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan on the Mirvac Land; and
(iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Mirvac Land without the prior written consent of the City and the City, the Developer and the third party the subject of the Dealing entering into Deed of Novation and delivering a properly executed copy of the Deed of Novation to the City
(c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.
(d) Upon delivery of a Deed of Novation to the City pursuant to clause 13.2(a) the City must promptly, and in any event no later than 20 Business Days after receipt by the City of the Deed of Novation:
(i) provide the Developer with a letter of consent by the City as caveator to the registration of the transfer transferring title to the Mirvac Land to the purchaser named as the incoming party under the Deed of Novation; and
(ii) provide the Developer and the third party the subject of the Dealing with counterparts of the Deed of Novation properly executed by the City.
Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer and the Landowner must not Deal with this document or the Land without:
(i) the prior written consent of the City; and
(ii) the City, the Developer, the Landowner and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City.
(b) On and from registration of this document in accordance with clause 9:
(i) the Developer and the Landowner may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land;
(ii) the Landowner may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan, and the certificates of title to the Affordable Housing Dwellings upon registration of the strata plan; and
(iii) the Developer and the Landowner must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without:
(A) the prior written consent of the City; and
(B) the City, the Developer, the Landowner and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City.
(c) The Developer and the Landowner must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.
Dealing by the Developer.
(a) On and from the Commencement Date:
(i) the Developer may Deal with this document without the consent of the City only:
(A) if such a Dealing is required to comply with a condition of the Development Consent, provided that the Dealing is in favour of the Developer or a related entity of the Developer; or
(B) as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land.
(ii) the Developer may register a plan of strata subdivision; and
(iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without:
(A) the prior written consent of the City, such consent not to be unreasonably withheld or delayed; and
(B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City, acting reasonably and promptly.
(b) The Developer must pay the City’s reasonable costs and expenses relating to any consent or documentation required due to the operation of this clause 11.2.
Dealing by the Developer.
(a) Prior to registration of this document in accordance with clause 9, the Developer must not Deal with this document or the Land without:
(i) the prior written consent of the City (not to be unreasonably withheld or delayed); and
(ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City.
(b) On and from registration of this document in accordance with clause 9, the Developer may not Deal with this document unless it has provided the City with 14 days prior written notice of the proposed Dealing.
Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 6, the Developer must not Deal with this document or the Land without:
(i) The prior written consent of the Council, which may be withheld in the Council’s sole discretion; and
(ii) the Council, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the Council, acting reasonably.
(b) On and from registration of this document in accordance with clause 6:
(i) the Developer may Deal with this document without the consent of the Council only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land;
(ii) the Developer may register a plan of strata subdivision, and the Council consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and
(iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without:
(A) the prior written consent of the Council, acting reasonably; and
(B) the Council, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the Council, acting reasonably.
(c) The Developer must pay the Council’s costs and expenses relating to any consent or documentation required due to the operation of this clause 9.2.
Dealing by the Developer.
(a) Prior to registration of this document in accordance with clause 9
(i) the Developer must not Deal with this document or the Land without:
(A) the prior written consent of the City, which must not be unreasonably withheld or delayed where the Developer complies with clause 13.2(a)(i)(B); and
(B) the City the Developer, and the third party the subject of the Dealing entering into a deed of novation or consent (the form of which will be in the City’s standard precedent and on terms acceptable to the City).
(b) On and from registration of this document in accordance with clause 9:
(i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land, provided the purchaser enters into a deed of novation with the Cityand the Developer (the form of which will be in the City’s standard precedent and on terms acceptable to the City, acting reasonably);
(ii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan upon registration of the strata plan; and
(iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without:
(A) the prior written consent of the City, which must not be unreasonably withheld or delayed where the Developer complies with clause 13.2(b)(iii)(B); and
(B) the City, the Developer, and the third party the subject of the Dealing entering into a deed of novation or consent (the form of which will be in the City’s standard precedent and on terms acceptable to the City).
Dealing by the Developer.
(a) The Developer:
(i) may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land;
(ii) may register a plan of strata subdivision without the consent of the City; and
(iii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without:
(A) the prior written consent of the City; and
(B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City.
(b) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 9.2.
Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 7, the Developer must not Deal with this document or the Land without:
(i) the prior written consent of the City (which must not be unreasonably withheld or delayed); and
(ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City.
(b) The City is required to promptly enter into the deed of consent and in doing so:
(i) must be reasonable in determining the deed’s terms; and
(ii) any such terms must not impose new substantive obligations on the Developer or any person who is proposed to replace either or both parties.
(c) On and from registration of this document in accordance with clause 7:
(i) the Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land;
(ii) the Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without:
(A) the prior written consent of the City (which must not be unreasonably withheld or delayed); and
(B) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City (being terms that do not seek to impose new substantive obligations on the Developer or any person who is proposed to replace either or both parties).
(d) The Developer must pay the City’s reasonable costs and expenses relating to any consent or documentation required due to the operation of this clause 10.2.
Dealing by the Developer.
(a) The Developer may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land.
(b) The Developer must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without:
(i) the prior written consent of the City; and
(ii) the City, the Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City.
(c) The Developer must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 10.2.