Dedication Land. 1. [Insert description] [Specify] [Specify details and identify location of land on the Map] [Insert timing. For example: On or before the registration of the Plan of Subdivision that creates the first Final Lot in the Development or at such other time agreed by the Council in writing.] $[Insert amount, to be determined in accordance with the Council’s Planning Agreement Policy.]
Dedication Land. (a) The Corporation or the Developer, as the case may be, must dedicate the Dedication Land to Council free of any trusts, estates, interests, covenants and Encumbrances in accordance with Schedule 4.
(b) The Corporation must meet all costs associated with the dedication of the Dedication Land in accordance with paragraph (a), including registration costs and any legal costs incurred by Council in relation to that dedication subject to the cap on Council’s costs under this Agreement in clause 16.15.
(c) For the purpose of this Agreement, Dedication Land is dedicated to Council:
(i) (Deposited Plan) if the relevant land is dedicated in a deposited plan registered at NSW Land Registry Services, when that plan is so registered; or
(ii) (Instrument of Transfer) otherwise when the Corporation delivers to Council:
(A) a transfer of the relevant land in registrable form;
(B) any consent required by an interested party in the relevant land; and
(C) any document in registrable form which, when registered, will remove any Encumbrances registered on the title of that land, excluding encumbrances that would not in the Council’s opinion, acting reasonably, impede the intended use of all or any part of the Dedication Land to be dedicated to the Council including but not limited to easements and covenants for services and drainage.
Dedication Land. 11.1 In addition to the Developer's Contribution, for each stage of the Proposed Development, the Developer must take all steps necessary to register at the LPI the transfer of that part of the Dedication Land that is zoned RE1 and is located within the relevant stage of the Proposed Development to the Council in accordance with the timing specified in the relevant stage's Development Approval.
11.2 The parties acknowledge and agree that the value of the Dedication Land (as at the date of this agreement) is approximately $5,000,000-$6,000,000.
11.3 The Developer must effect the transfer of the Dedication Land that is zoned RE1 for each stage by:
11.3.1 either:
(i) delivering the certificates of title for the relevant part of the Dedication Land to Council; or
(ii) producing the certificates of title for the relevant part of the Dedication Land with LPI; and
11.3.2 delivering to Council either:
(i) a form of transfer in respect of the relevant portion of the Dedication Land executed by the Developer in registrable form transferring the relevant part of the Dedication Land for $1.00; or
(ii) a deposited plan which indicates that the relevant part of the Dedication Land is intended to be dedicated to the Council;
11.3.3 assisting with any enquiries or requisitions made by the LPI; and
11.3.4 taking any other necessary action to give effect to the transfer of the title of the relevant part of the Dedication Land to the Council.
11.3.5 For the avoidance of doubt, the parties acknowledge and agree that other than in the circumstances where the Dedication Land is transferred to the Council for $1.00 in accordance with clause 11.3.2(i), the Dedication Land is to be transferred to Council at no cost to Council.
11.4 Council agrees that it will accept the Dedication Land (or parts thereof) free of all encumbrances and interests other than any easements or interests required by any Authority or utility service provider currently noted on the title of the Dedication Land or required under any Development Approval, and will take all action necessary on its part to give effect to the transfer of the title of the relevant part of the Dedication Land to Council.
Dedication Land. 5.1 The Landowner must, at its expense, dedicate to Council free of cost to the Council the Dedication Land prior to issue of any Occupation Certificate for the Development.
5.2 The Landowner must inform the principal certifying authority for the Development (if it is not the Council) of the provisions of this clause within 14 days after the date of this Deed.
5.3 The Landowner must give Council 14 days notice of the lodgement of a subdivision plan involving the Dedication Land.
5.4 The Landowner is to ensure that the land dedicated to the Council is free of all encumbrances and affectations (whether registered or unregistered and including
5.5 If, having used all reasonable endeavours, the Landowner cannot ensure that the land is free from all encumbrances and affectations, it may request that Council agree to accept the land subject to those encumbrances and affectations, but the Council may withhold its agreement in its absolute discretion.
5.6 Acquisition of land required to be dedicated
(a) If the Landowner does not dedicate land required to be dedicated under this Deed at the time at which it is required to be dedicated, the Landowner consents to the Council compulsorily acquiring the land for compensation in the amount of $1 without having to follow the pre- acquisition procedure under the Just Terms Act.
(b) Clause 5.6(a) constitutes an agreement for the purposes of section 30 of the Just Terms Act.
(c) If, as a result of the acquisition referred to in clause 5.6(a), the Council is required to pay compensation to any person other than the Landowner, the Landowner is to reimburse the Council that amount, upon a written request being made by the Council, or the Council can call on any Security provided under this Deed.
(d) The Landowner indemnifies and keeps indemnified the Council against all Claims made against the Council as a result of any acquisition by the Council of the whole or any part of the land concerned except if, and to the extent that, the Claim arises because of the Council's negligence or default.
(e) The Landowner is to promptly do all things necessary, and consents to the Council doing all things necessary, to give effect to this clause 5.6, including without limitation:
(i) signing any documents or forms,
(ii) giving land owner's consent for lodgement of any development application,
(iii) producing certificates of title to the Registrar-General under the Real Property Act 1900, and
(iv) paying the Council's costs arising under thi...
Dedication Land. 6.1 The Landowner must, at its expense, dedicate to Council free of cost to the Council the Dedication Land prior to issue of any Occupation Certificate for the Development.
6.2 The Developer must inform the principal certifying authority for the Development (if it is not the Council) of the provisions of this clause within 14 days after the date of this Deed.
Dedication Land. Table Column 1 Column 2 Column 3 Column 4 Address of Land Legal Description Timing of Dedication Contribution Value 00 Xxxxxxxxxx Xxxxx, Xxxxxxxx Xxxxx Xxx 000 XX 000000 Following the completion of the Works identified as Item 2 in Schedule 4 $1,350,000 Table Column 1 Column 2 Column 3 Column 4 Column 5 Item Item of Works Hand-Over Date Defects Liability Period Contribution Value 1 Embellishment of, and provision of public access to, the ridgetop park (areas identified in Schedule 1 of this Agreement over part of Lot 217 and 218 in DP 1239622) by creation of an easement in gross in favour of Council on terms acceptable to Council. NA Embellishment Works must be completed prior to the registration of the relevant easements. Easements to be registered in conjunction with the registration of the relevant plan(s) of subdivision for the creation of common property over part of Lot 217 and 218 in DP1239622 respectively. For the avoidance of any doubt, the ridgetop park may be created in two stages, with each stage linked to the development of the adjoining land in either Lot 217 or Lot 218. $1,900,000 2 Embellishment of (Lot 574 DP713531) including landscaping, pathways and plantings and which is to be undertaken by the Developer in accordance with Council’s landscape design specifications and the plan within Schedule 4. Prior to the issue of an Occupation Certificate with respect to, the first Dwelling in the Proposed Development. 12 months from date of actual Hand-Over of the Works $100,000 – Monetary Contributions Item Contribution Item Monetary Contribution Timeframe for Payment 1 Contribution to public domain and pedestrian network upgrades. $700,000 To be paid on a per Dwelling basis in accordance with Schedule 7. 2 Contribution to offsite active open space. $800,000 To be paid on a per Dwelling basis in accordance with Schedule 7. 3 Contribution to traffic improvements on a precinct scale within Norwest $400,000 To be paid on a per Dwelling basis in accordance with Schedule 7. 4 Contribution towards local infrastructure $1,177,725. To be paid on a per Dwelling basis in accordance with Schedule 7. Additional Monetary Contribution Rate: $26,275.51 per Dwelling Timing for payment of the Additional Monetary Contribution: The Additional Monetary Contribution must be paid on a per Dwelling basis in accordance with Schedule 7.
