Dedication of land. (a) The Landowner must dedicate or cause to be transferred to the Council, at no cost to the Council, the relevant part of the Dedication Land owned by it. (b) On dedication or transfer to Council, the Dedication Land must be freed and discharged from all estates, interests, trusts, restrictions, dedications, reservations, easements (except the electricity supply easement F168263 registered on Lot G DP 369480, and associated infrastructure existing as at the date of this agreement and interests or rights required as a condition of Development Consent ), rights, charges, rates and contracts in, over or in connection with the land, including but not limited to, any outstanding municipal rates and charges, water rates and land tax, except as permitted by Council prior to the creation of the interest. (c) The Landowner must not: (i) grant or allow, or agree to grant or allow, the registration of any estate, interest, easement or right in or over the Dedication Land, other than a mortgage that will be discharged prior to the Dedication Land being transferred or dedicated to Council or an interest or right required as a condition of Development Consent , or (ii) construct any works, other than the Works under a Development Consent, on the Dedication Land over which an estate, interest, easement or right will be required, unless Council has provided its prior written consent. (d) A Contribution comprising the dedication of land is made for the purposes of this agreement when either: (i) a Certificate of Title (or electronic equivalent) is issued by NSW Land Registry Services for the relevant Dedication Land identifying the Council as the registered proprietor of that land without encumbrances as required by clause 7.2(b); or (ii) where the relevant Dedication Land is a Public Reserve, when a subdivision plan is registered by NSW Land Registry Services which shows the relevant Dedication Land as being a “public reserve” in accordance with section 49 of the Local Government Act 1993. (e) The Dedication Land must be dedicated or transferred to Council in accordance with the timeframes provided in the Contributions Table or as permitted under clause 6. (f) The parties agree and acknowledge that the embellishment and dedication of the Dedication Land serve the public purposes specified in the Contributions Table.
Appears in 2 contracts
Sources: Voluntary Planning Agreement, Voluntary Planning Agreement
Dedication of land. (a) The Landowner must dedicate or cause to be transferred to the Council, at no cost to the Council, the relevant part of the Dedication Land owned by it.
(b) On dedication or transfer to Council, the Dedication Land must be freed and discharged from all estates, interests, trusts, restrictions, dedications, reservations, easements (except the electricity supply easement F168263 registered on Lot G DP 369480, and associated infrastructure existing as at the date of this agreement and interests or rights required as a condition of 14.1 A Development Consent ), rights, charges, rates and contracts in, over or in connection with the land, including but not limited to, any outstanding municipal rates and charges, water rates and land tax, except as permitted by Council prior to the creation of the interest.
(c) The Landowner must not:
(i) grant or allow, or agree to grant or allow, the registration of any estate, interest, easement or right in or over the Dedication Land, other than a mortgage that will be discharged prior to the Dedication Land being transferred or dedicated to Council or an interest or right required as a condition of Development Consent , or
(ii) construct any works, other than the Works under a Development Consent, on the Dedication Land over which an estate, interest, easement or right will be required, unless Council has provided its prior written consent.
(d) A Contribution comprising the dedication of land is made for the purposes of this agreement when eitherDeed when:
14.1.1 a deposited plan is registered in the register of plans held with the Registrar-General that dedicates land as a public road (including a temporary public road) under the Roads ▇▇▇ ▇▇▇▇ or creates a public reserve or drainage reserve under the Local Government ▇▇▇ ▇▇▇▇, or
14.1.2 the Council is given a Clearance Certificate that is valid at the time of dedication of land or the Foreign Resident Capital Gains Withholding Amount in respect of the land to be dedicated, and:
(ia) a Certificate of Title (or electronic equivalent) an instrument in registrable form under the Real Property ▇▇▇ ▇▇▇▇ duly executed by the Developer as transferor that is issued effective to transfer the title to the land to the Council when executed by NSW Land Registry Services for the relevant Dedication Land identifying the Council as transferee and registered,
(b) the registered proprietor written consent to the registration of the transfer of any person whose consent is required to that registration, and
(c) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer, or
14.1.3 the Council is given a Clearance Certificate that is valid at the time of dedication of land or the Foreign Resident Capital Gains Withholding Amount in respect of the land to be dedicated, and evidence that a transfer has been effected by means of electronic lodgement through Property Exchange Australia Ltd or another ELNO.
14.2 The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur.
14.3 The Developer is to ensure that land dedicated to the Council under this Deed is free of all encumbrances and affectations (whether registered or unregistered and including without encumbrances limitation any charge or liability for rates, taxes and charges) except as required otherwise agreed in writing by clause 7.2(b); or
(ii) where the relevant Dedication Land is a Public Reserve, when a subdivision plan is registered by NSW Land Registry Services which shows the relevant Dedication Land as being a “public reserve” in accordance with section 49 of the Local Government Act 1993Council.
(e) The Dedication Land must 14.4 If, having used all reasonable endeavours, the Developer cannot ensure that land to be dedicated or transferred to the Council under this Deed is free from all encumbrances and affectations, the Developer may request that Council agree to accept the land subject to those encumbrances and affectations, but the Council may withhold its agreement in accordance with the timeframes provided in the Contributions Table or as permitted under clause 6its absolute discretion.
(f) The parties agree and acknowledge that 14.5 Despite any other provision of this Deed, if the embellishment and dedication of Developer is required to dedicate land to the Dedication Land serve Council on which the public purposes specified in Developer is also required to carry out a Work under this Deed, the Contributions Table.Developer is to comply with clause 14.1.2 or
Appears in 1 contract
Sources: Planning Agreement
Dedication of land. (a) The Landowner must dedicate or cause to be transferred to the Council, at no cost to the Council, the relevant part of the Dedication Land owned by it.
(b) On dedication or transfer to Council, the Dedication Land must be freed and discharged from all estates, interests, trusts, restrictions, dedications, reservations, easements (except the electricity supply easement F168263 registered on Lot G DP 369480, and associated infrastructure existing as at the date of this agreement and interests or rights required as a condition of 11.1 A Development Consent ), rights, charges, rates and contracts in, over or in connection with the land, including but not limited to, any outstanding municipal rates and charges, water rates and land tax, except as permitted by Council prior to the creation of the interest.
(c) The Landowner must not:
(i) grant or allow, or agree to grant or allow, the registration of any estate, interest, easement or right in or over the Dedication Land, other than a mortgage that will be discharged prior to the Dedication Land being transferred or dedicated to Council or an interest or right required as a condition of Development Consent , or
(ii) construct any works, other than the Works under a Development Consent, on the Dedication Land over which an estate, interest, easement or right will be required, unless Council has provided its prior written consent.
(d) A Contribution comprising the dedication of land is made for the purposes of this agreement when eitherDeed when:
11.1.1 a deposited plan is registered in the register of plans held with the Registrar-General that dedicates land as a public road (including a temporary public road) under the Roads ▇▇▇ ▇▇▇▇ or creates a public reserve or drainage reserve under the Local Government ▇▇▇ ▇▇▇▇, or
11.1.2 the Council is given is given a Clearance Certificate that is valid at the time of dedication of land or the Foreign Resident Capital Gains Withholding Amount in respect of the land to be dedicated, and:
(ia) a Certificate of Title (or electronic equivalent) an instrument in registrable form under the Real Property ▇▇▇ ▇▇▇▇ duly executed by the Developer as transferor that is issued effective to transfer the title to the land to the Council when executed by NSW Land Registry Services for the relevant Dedication Land identifying the Council as transferee and registered,
(b) the registered proprietor written consent to the registration of the transfer of any person whose consent is required to that registration, and
(c) a written undertaking from any person holding the certificate of title to the production of the certificate of title for the purposes of registration of the transfer, or
11.1.3 the Council is given a Clearance Certificate that is valid at the time of dedication of land or the Foreign Resident Capital Gains Withholding Amount in respect of the land to be dedicated, and evidence that a transfer has been effected by means of electronic lodgement through Property Exchange Australia Ltd or another ELNO.
11.2 The Developer is to do all things reasonably necessary to enable registration of the instrument of transfer to occur.
11.3 The Developer is to ensure that land dedicated to the Council under this Deed is free of all encumbrances and affectations (whether registered or unregistered and including without encumbrances limitation any charge or liability for rates, taxes and charges) except as required otherwise agreed in writing by clause 7.2(b); or
(ii) where the relevant Dedication Land is a Public Reserve, when a subdivision plan is registered by NSW Land Registry Services which shows the relevant Dedication Land as being a “public reserve” in accordance with section 49 of the Local Government Act 1993Council.
(e) The Dedication Land must 11.4 If, having used all reasonable endeavours, the Developer cannot ensure that land to be dedicated or transferred to the Council under this Deed is free from all encumbrances and affectations, the Developer may request that Council agree to accept the land subject to those encumbrances and affectations, but the Council may withhold its agreement in accordance with the timeframes provided in the Contributions Table or as permitted under clause 6its absolute discretion.
(f) The parties agree and acknowledge that 11.5 Despite any other provision of this Deed, if the embellishment and dedication of Developer is required to dedicate land to the Dedication Land serve Council on which the public purposes specified in Developer is also required to carry out a Work under this Deed, the Contributions Table.Developer is to comply with clause 11.1.2 or
Appears in 1 contract
Sources: Planning Agreement
Dedication of land. (a) The Each Landowner must dedicate or cause to be transferred to the Council, at no cost to the Council, the relevant its respective part of the Dedication Land owned by it.
(b) On dedication or transfer to Council, and the Dedication Land must be SFL2 freed and discharged from all estates, interests, trusts, restrictions, dedications, reservations, easements (except the electricity supply easement F168263 registered on Lot G DP 369480, and associated infrastructure existing as at the date of this agreement and interests or rights required as a condition of Development Consent )easements, rights, charges, rates and contracts in, over or in connection with the land, including but not limited to, any outstanding municipal rates and charges, water rates and land tax.
(b) Each Landowner must take all steps, except as permitted by Council prior prepare all documents and meet all costs required to dedicate or transfer its respective part of the Dedication Land and the Dedication Land SFL2 to the creation Council including, but not limited to:
(i) removing any encumbrances on the title to the land;
(ii) creating an interest in land in favour of Council if required;
(iii) subdividing the Land to create a separate lot for the Landowner’s relevant part of the interestDedication Land or Dedication Land SFL2 (as applicable);
(iv) preparing and lodging documents for registration;
(v) obtaining the consent of any other parties to the registration of the relevant documents; and
(vi) attending to any requisition relating to any dealing or document lodged for registration.
(c) The obligation of a Landowner must notin clause 6.3(a) will be taken to have been satisfied:
(i) grant or allowwhere transfer is to occur, or agree to grant or allow, the registration of any estate, interest, easement or right in or over the Dedication Land, other than a mortgage that will be discharged prior to the Dedication Land being transferred or dedicated to Council or an interest or right required as a condition of Development Consent , or
(ii) construct any works, other than the Works under a Development Consent, on the Dedication Land over which an estate, interest, easement or right will be required, unless Council has provided its prior written consent.
(d) A Contribution comprising the dedication of land is made for the purposes of this agreement when either:
(i) a Certificate of Title (or electronic equivalent) is issued by NSW Land Registry Services for registers the relevant Dedication Land identifying instrument giving effect to the transfer and the Council is identified as the registered proprietor of that land without encumbrances as required by clause 7.2(b6.3(a); or
(ii) where the relevant Dedication Land dedication is a Public Reserveto occur, when the land is dedicated to Council as Public Road by registration of a plan of subdivision plan is registered by NSW Land Registry Services which shows the relevant Dedication Land as being a “public reserve” in accordance with section 49 9 of the Local Government Roads Act 19931993 (NSW).
(d) The Dedication Land may be dedicated or transferred to Council at any time following commencement of the Works, but in any event prior to the issue of an Occupation Certificate for any part of the Development on the Land.
(e) The Dedication Land SFL2 must be dedicated or transferred to Council following the carrying out of the SFL2 Road Works on the SFL2 Land, subject to:
(i) all Approvals for the delivery of the SFL2 Road Works being obtained; and
(ii) the SFL2 Road Works being carried out in accordance with those Approvals to the timeframes provided in Council's satisfaction, acting reasonably. The dedication or transfer of the Contributions Table or as permitted under clause 6Dedication Land SFL2 to Council must occur prior to the issue of an Occupation Certificate for any part of the Development on the SFL2 Land.
(f) Where clause 6.3(e) applies, the Council agrees that:
(i) clause 6.1 applies to SFL2 as an “Applicant” under this agreement;
(ii) any reference in clause 6.1 (and any defined terms used in that clause) to “Dedication Land” is taken to be a reference to the Dedication Land SFL2;
(iii) in clause 6.1(e), the words “Notwithstanding clause 6.1(d), on condition that the obligations in clauses 6.2 (Works) and 6.3 (Dedication of Land) are fulfilled by the Completion Date,” do not apply;
(iv) clause 6.1(f) will not apply to the Dedication Land SFL2 and will be replaced by the following requirement in respect of that land:
(i) a notice of practical completion for those works; and
(ii) confirmation that the Council is the owner of the Dedication Land SFL2, Council will issue a Monetary Contribution Certificate to SFL2; and
(v) no offsets are to be issued for the delivery of the SFL2 Road Works under this agreement.
(g) The parties agree and acknowledge that the embellishment and dedication or transfer of the:
(i) Dedication Land serves the public purpose of enabling the widening of Aldington Road for the Works; and
(ii) Dedication Land SFL2 serves the public purpose of providing for future road widening of Aldington Road.
(h) Prior to the dedication or transfer of the Dedication Land serve or Dedication Land SFL2, each Landowner is to provide Council with a draft subdivision plan, with a written notice that includes written confirmation from the public purposes specified Surveyor setting out, in square metres, the Contributions Tablearea of the Dedication Land and the Dedication Land SFL2 (as applicable) and the calculation of the Dedication Land Offset for each Landowner, as determined by the Surveyor.
(i) Where a draft subdivision plan provided to Council for the purpose of clause 6.3(h) contains variations to the Dedication Land, required by Council as part of any Works Approval, Council will determine according to law whether any such variations are acceptable in its capacity as the issuer of a Roads Subdivision Certificate.
(j) When determining the areas of land for the purpose of clause 6.3(h), the Surveyor will have regard to the plans at Annexure C.
Appears in 1 contract
Sources: Voluntary Planning Agreement
Dedication of land. (a) The Landowner Developer must dedicate or cause to be transferred to the Council, at no cost to the Council, the relevant part of the Dedication Land owned by it.
(b) On dedication or transfer to Council, the Dedication Land must be freed and discharged from all estates, interests, trusts, restrictions, dedications, reservations, easements (except the electricity supply easement F168263 registered on Lot G DP 369480, and associated infrastructure existing as at the date of this agreement and interests or rights required as a condition of Development Consent )easements, rights, charges, rates and contracts in, over or in connection with the land, including but not limited to, any outstanding municipal rates and charges, water rates and land tax, except as permitted by Council prior to the creation of the interestCouncil.
(cb) The Landowner must not:
(i) grant or allow, or agree obligation to grant or allow, the registration of any estate, interest, easement or right in or over the Dedication Land, other than a mortgage that will be discharged prior to dedicate the Dedication Land being transferred or dedicated to Council or an interest or right required as a condition of Development Consent , or
(ii) construct any works, other than the Works under a Development Consent, on the Dedication Land over which an estate, interest, easement or right will be required, unless Council has provided its prior written consent.
(d) A Contribution comprising the dedication of land is made for the purposes of this agreement taken to have been satisfied when either:
(i) a Certificate of Title (or electronic equivalent) is issued by NSW Land Registry Services the LRS for the relevant Dedication Land whole of the Public Road identifying the Council as the registered proprietor of that land without encumbrances as required by clause 7.2(b6.3(a); or
(ii) where when the relevant Dedication Land Public Road is dedicated to Council by operation of the registration of a Public Reserve, when a plan of subdivision plan is registered by NSW Land Registry Services which shows the relevant Dedication Land as being a “public reserve” in accordance with section 49 9 of the Local Government Act 1993Roads ▇▇▇ ▇▇▇▇.
(ec) The Dedication Land must be dedicated or transferred to Council in accordance with prior to the timeframes provided in issue of an Occupation Certificate for the Contributions Table Development or as permitted under clause 6any part of the Development.
(fd) The parties agree and acknowledge that the embellishment and dedication of the Dedication Land serve the public purposes specified purpose of providing public roads and improving the traffic network in the Contributions Tablevicinity of the Development.
(e) The Developer acknowledges and agrees:
(i) that it is responsible for the management and remediation of any contamination present upon or under the Dedication Land;
(ii) it will attend to any necessary remediation of the Dedication Land at its own costs; and
(iii) to the fullest extent permitted by Law indemnify and release the Council from any Claim which might arise from any contamination with respect to the Dedication Land existing on the Land before the date the Dedication Land is transferred or dedicated to Council, except to the extent that such contamination was caused by the default or negligence of Council.
(f) Prior to the registration of any easement permitting public access to the Easement Site, the Developer must provide to Council’s reasonable satisfaction, certification by a qualified person, that the Easement Site is not contaminated and is suitable for the proposed use.
Appears in 1 contract
Sources: Voluntary Planning Agreement
Dedication of land. (a) The Landowner Developer must dedicate or cause to be transferred to the Council, at no cost to the Council, the relevant part each item of the Dedication Land owned by it.
(b) On dedication or transfer to Council, the Dedication Land must be freed and discharged from all estates, interests, trusts, restrictionsrestrictions (excluding any restrictions required to be imposed on the Land in accordance with any conditions of a Development Consent), dedications, reservations, easements (except the electricity supply easement F168263 registered on Lot G DP 369480, and associated infrastructure existing as at the date of this agreement and interests or rights required as a condition of Development Consent )easements, rights, charges, rates and contracts in, over or in connection with the landDedication Land, including but not limited to, any outstanding municipal rates and charges, water rates and land tax.
(b) The Developer must take all steps, except as permitted by Council prior prepare all documents and meet all costs required to dedicate the Dedication Land including, but not limited to:
i. removing any encumbrances on the title to the creation Dedication Land (excluding any encumbrances required to be imposed on the Dedication Land in accordance with any conditions of a Development Consent);
ii. creating an interest in land in favour of Council if required;
iii. creating a separate lot for the Dedication Land;
iv. preparing and lodging documents for registration;
v. obtaining the consent of any other parties to the registration of the interestrelevant documents; and
vi. attending to any requisition relating to any dealing or document lodged for registration.
(c) The Landowner must not:
(i) grant or allow, or agree obligation to grant or allow, dedicate the land described in Item OSR2.6 in Part 2 of Table 1 in Schedule 1 will be taken to have been satisfied when that land is dedicated to Council by operation of the registration of any estate, interest, easement or right a plan of subdivision in or over accordance with section 49 of the Dedication Land, other than a mortgage that will be discharged prior to the Dedication Land being transferred or dedicated to Council or an interest or right required as a condition of Development Consent , or
(ii) construct any works, other than the Works under a Development Consent, on the Dedication Land over which an estate, interest, easement or right will be required, unless Council has provided its prior written consentLocal Government Act 1993.
(d) A Contribution comprising The obligation to dedicate the dedication land described in Item T1.2 in Part 2 of Table 1 in Schedule 1 will be taken to have been satisfied when that land is made for dedicated to Council by operation of the purposes registration of a plan of subdivision in accordance with section 9 of the Roads Act 1993.
(e) The obligation to dedicate each item of the Dedication Land (other than the land described in clauses 6.2(c) and 6.2(d) of this agreement agreement) will be taken to have been satisfied in respect of each item when either:
(i) a Certificate of Title (or electronic equivalent) equivalent is issued by NSW Land Registry Services for that part of the relevant Dedication Land identifying the Council as the registered proprietor of that land without encumbrances (excluding encumbrances required to be imposed on the Land in accordance with any conditions of consent in a Development Consent) as required by clause 7.2(b6.3(a); or.
(iif) where For the relevant avoidance of doubt, all Works required by this agreement on the Dedication Land is a Public Reserve, when a subdivision plan is registered by NSW Land Registry Services which shows the relevant Dedication Land as being a “public reserve” must be completed in accordance with section 49 of clause 6.2 prior to Council accepting the Local Government Act 1993dedication.
(eg) The Each item of Dedication Land must be dedicated or transferred to Council in accordance with the timeframes provided set out for the dedication of each item of Dedication Land in the Contributions Part 2 of Table or as permitted under clause 61 and Part 2 of Table 2 in Schedule 1.
(fh) The parties agree and acknowledge that the embellishment and dedication of the Dedication Land in accordance with Part 2 of Table 1 and Part 2 of Table 2 in Schedule 1 serve the public purposes specified in purpose of the Contributions Tableprovision of community land and public roads.
Appears in 1 contract
Sources: Voluntary Planning Agreement