Dedication of Land. (a) The Developer must dedicate or cause to be transferred to the Council, at no cost to the Council, the Dedication Land freed and discharged from all estates, interests, trusts, restrictions, dedications, reservations, easements, rights, charges, rates and contracts in, over or in connection with the Land, including but not limited to, municipal rates and charges, water rates and land tax, except as permitted by Council. For the purposes of this clause 6.1 and this agreement, the Dedication Land must: (i) be 2,496 square metres in area, in accordance with the planning proposal endorsed by Council in relation to the Instrument Change; (ii) have boundaries which are consistent with the extended RE1 – Public Recreation zone as identified in the plan provided at Annexure C to this agreement; and (iii) be shown in detail as part of the survey plan lodged with any Development Application for the Development. (b) The obligation to dedicate the Dedication Land will be taken to have been satisfied when either a Certificate of Title is issued by NSW Land and Property Information for the whole of the Public Reserve (namely the whole of the Dedication Land as described in clause 6.1(a) above) identifying the Council as the registered proprietor of that land without encumbrances as required by clause 6.1(a) or when the Public Reserve (as previously described in this clause) is dedicated to Council by operation of the registration of a plan of subdivision in accordance with section 49 of the Local Government Xxx 0000. (c) The Dedication Land must be dedicated or transferred to Council prior to the issue of any Construction Certificate for the Development or any part of the Development. Any Development Consent for the Development is to be granted subject to a condition requiring such dedication or transfer to occur prior to the issue of any such Construction Certificate.
Appears in 2 contracts
Samples: Voluntary Planning Agreement, Voluntary Planning Agreement
Dedication of Land.
(a) The Developer must dedicate or cause to be transferred to the Council, at no cost to the Council, the Dedication Land freed and discharged from all estates, interests, trusts, restrictions, dedications, reservations, easements, rights, charges, rates and contracts in, over or in connection with the Landland, including but not limited to, municipal rates and charges, water rates and land tax.
(b) The Developer must take all steps, except as permitted by Council. For the purposes of this clause 6.1 prepare all documents and this agreement, meet all costs required to dedicate the Dedication Land mustland including, but not limited to:
(i) be 2,496 square metres in area, in accordance with removing any encumbrances on the planning proposal endorsed by Council in relation title to the Instrument Changeland;
(ii) have boundaries which are consistent with creating an interest in land in favour of Council if required;
(iii) subdividing the extended RE1 – Public Recreation zone as identified in Land to create a separate lot for the plan provided at Annexure C Dedication Land;
(iv) preparing and lodging documents for registration;
(v) obtaining the consent of any other parties to this agreementthe registration of the relevant documents; and
(iiivi) be shown in detail as part of the survey plan attending to any requisition relating to any dealing or document lodged with any Development Application for the Developmentregistration.
(bc) The obligation to dedicate the Dedication Land will be taken to have been satisfied when either a Certificate of Title is issued by NSW Land and Property Information for the whole of the Public Reserve (namely the whole of the Dedication Land as described in clause 6.1(a) above) identifying the Council as the registered proprietor of that land without encumbrances as required by clause 6.1(a) or when the Public Reserve (as previously described in this clause) Road is dedicated to Council by operation of the registration of a plan of subdivision in accordance with section 49 9 of the Local Government Roads Xxx 0000.
(cd) The Dedication Land For the avoidance of doubt, all Works required by this agreement on the land to be dedicated under this clause 6.3 must be dedicated or transferred to Council prior to the issue of any Construction Certificate for the Development or any part of the Development. Any Development Consent for the Development is to be granted subject to a condition requiring such dedication or transfer to occur prior to the issue of any such Construction Certificate.completed in accordance with clause
Appears in 2 contracts
Samples: Voluntary Planning Agreement, Voluntary Planning Agreement
Dedication of Land. (a) The Developer 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, easementseasements (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 Landland, including but not limited to, any outstanding municipal rates and charges, water rates and land tax, except as permitted by Council. For Council prior to the purposes creation of this clause 6.1 and this agreement, the Dedication Land mustinterest.
(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 2,496 square metres in area, in accordance with the planning proposal endorsed by Council in relation discharged prior to the Instrument Change;Dedication Land being transferred or dedicated to Council or an interest or right required as a condition of Development Consent , or
(ii) have boundaries construct any works, other than the Works under a Development Consent, on the Dedication Land over which are consistent with the extended RE1 – Public Recreation zone as identified in the plan an estate, interest, easement or right will be required, unless Council has provided at Annexure C to this agreement; and
(iii) be shown in detail as part of the survey plan lodged with any Development Application for the Developmentits prior written consent.
(bd) The obligation to dedicate A Contribution comprising the Dedication Land will be taken to have been satisfied dedication of land is made for the purposes of this agreement when either either:
(i) a Certificate of Title (or electronic equivalent) is issued by NSW Land and Property Information Registry Services for the whole of the Public Reserve (namely the whole of the relevant Dedication Land as described in clause 6.1(a) above) identifying the Council as the registered proprietor of that land without encumbrances as required by clause 6.1(a7.2(b); or
(ii) or where the relevant Dedication Land is a Public Reserve, when a subdivision plan is registered by NSW Land Registry Services which shows the Public Reserve (relevant Dedication Land as previously described in this clause) is dedicated to Council by operation of the registration of being a plan of subdivision “public reserve” in accordance with section 49 of the Local Government Xxx 0000Act 1993.
(ce) The Dedication Land must be dedicated or transferred to Council prior to in accordance with the issue of any Construction Certificate for timeframes provided in the Development Contributions Table or any part as permitted under clause 6.
(f) The parties agree and acknowledge that the embellishment and dedication of the Development. Any Development Consent for Dedication Land serve the Development is to be granted subject to a condition requiring such dedication or transfer to occur prior to public purposes specified in the issue of any such Construction CertificateContributions Table.
Appears in 1 contract
Samples: Voluntary Planning Agreement