Common use of ENVIRONMENTAL PERFORMACE INITIATIVES Clause in Contracts

ENVIRONMENTAL PERFORMACE INITIATIVES. 3.1 Environmental Performance Commitment (a) Prior to the issue of the first Construction Certificate for the Development, excluding any Construction Certificate issued for demolition of existing structures on the Land, works in relation to any Xxxxx xxxxxxx, early works or works below ground level, the Developer must submit to the City’s Representative: (i) the signed Commitment Agreement; (ii) a hydraulic engineer report demonstrating water efficiency and how the proposed building is likely to achieve a 4.5 star XXXXXX water rating for the commercial component; and (iii) the executive summary of the Energy Efficient Review prepared by a XXXXXX certified Independent Design Reviewer; (b) If the Developer fails to provide an Environmental Performance Commitment that will achieve the required XXXXXX ratings contained in Item 2 of clause 1 of Schedule 3, then the Developer will meet with the City to agree on alternative measures it will put in place in order to achieve a sustainable Commercial Development. (c) The Developer will keep the City informed of its progress in relation to the achievement of its commitments with respect to the Environmental Performance Initiatives at regular intervals. The City consents to the variation, termination, extinguishment, or removal from title of the following dealings affecting the Land, provided that any such dealing does not benefit or affect any rights or interests of the City, where the City’s consent would otherwise be required by reason of the terms of the dealing, or where the City’s consent would be required as part of the exercise of the City’s statutory functions: Lot 13 DP622968 (316 Xxxxxx Street) K173287 EASEMENT FOR PARTY WALL AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM L70673 EASEMENT FOR PARTY WALL AFFECTING THE LAND SHOWN SO BURDENED IN DP622968 APPURTENANT TO THE PART(S) OF THE LAND SHOWN SO BENEFITTED IN THE TITLE DIAGRAM AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM Q228875 RIGHTS OF FOOTWAY AFFECTING THE LAND SHOWN SO BURDENED IN DP622968 APPURTENANT TO THE PART(S) OF THE LAND SHOWN SO BENEFITTED IN THE TITLE DIAGRAM AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM V182756 RIGHT OF WAY APPURTENANT TO THE LAND ABOVE DESCRIBED AFFECTING THE LAND SHOWN AS PROPOSED RIGHT OF WAY IN DP636439 DP1002572 EASEMENT FOR LOADING BAY APPURTENANT TO THE LAND ABOVE DESCRIBED DP1002572 RIGHT OF WAY APPURTENANT TO THE LAND ABOVE DESCRIBED AC349158 RIGHT OF FOOTWAY 0.61 WIDE AFFECTING THE PART SHOWN AS "SITE OF PROPOSED RIGHT OF FOOTWAY 0.61 WIDE" SHOWN IN DP450767 Any leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Lot 1 DP211120 Xxxxxx Street) K173287 EASEMENT FOR PARTY WALL AFFECTING THE PIECE OF LAND SHOWN AS CENTRE OF BRICK PARTY WALL ON THE NORTHERN BOUNDARY OF DP79292 IN DP211120 APPURTENANT TO THE LAND ABOVE DESCRIBED L70673 EASEMENT FOR PARTY WALL AFFECTING THE PART OF THE LAND ABOVE DESCRIBED SHOWN AS CENTRE OF BRICK PARTY WALL IN DP211120 Any leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. All lots and common property in G56085 CROSS EASEMENTS (S.181B CONVEYANCING ACT, 1919) AFFECTING THE PARTY WALLS SHOWN ON THE COMMON BOUNDARY OF LOTS 1 AND 2 IN DP438188 strata plan SP596 (298-302 Xxxxxx Street) Y774953 EASEMENT TO VENT SUMP WASTE OVER EXISTING LINE OF SEWER VENT PIPES APPURTENANT TO THE LAND ABOVE DESCRIBED AFFECTING THE PART SHOWN SO BURDENED IN PLAN WITH Y774953 Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Lot 1 DP438188 (296 Xxxxxx Street) G56085 CROSS EASEMENTS (S181 B CONVEYANCING ACT, 1919) AFFECTING THE PARTY WALL(S) SHOWN ON THE COMMON BOUNDARY OF LOTS 1 AND 2 IN DP438188 Y774953 EASEMENT TO VENT SUMP WASTE OVER EXISTING LINE OF SEWER VENT PIPES AFFECTING THE PART OF THE LAND ABOVE DESCRIBED SHOWN SO BURDENED IN PLAN WITH Y774953 Any leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Lot 2 in DP850895 (9 Hunter Street) h Q228875 RIGHT OF FOOTWAY APPURTENANT TO THE PART SHOWN SO BENEFITTED IN THE TITLE DIAGRAM V799241 RIGHT OF CARRIAGEWAY AFFECTING THE PART OF LOT 2 IN DP850895 SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 EASEMENT FOR SUPPORT AND SHELTER AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 EASEMENT FOR SUPPORT AND SHELTER APPURTENANT TO LOT 2 IN DP850895 DP850895 EASEMENT FOR SERVICES AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 EASEMENT FOR SERVICES APPURTENANT TO THE LAND ABOVE DESCRIBED DP850895 & 3255874 EASEMENT FOR STRUCTURES AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM VARIATION OF EASEMENT DP850895 RIGHT OF FOOT ACCESS 1 WIDE APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF FOOT ACCESS 0.9 WIDE APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF FOOT ACCESS 2.63, 2 & 1.5 WIDE APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF FOOT ACCESS OF VARIABLE WIDTH AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 RIGHT TO USE GOODS LIFT APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF WAY AND RIGHT TO USE TURNTABLE AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 RIGHT OF FIRE EXIT WAY “A” AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 RIGHT OF FIRE EXIT WAY “A” APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF FIRE EXIT WAY “B” APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF ACCESS TO GOODS LIFT AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP1039287 EASEMENT FOR OVERHANG OF VARIABLE WIDTH AFFECTING THE PART(S) SHOWN SO BURDENED IN DP1039287 Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. All lots and common property in strata plan SP71068 (Leda House and Hunter Connection, 0 Xxxxxx Xxxxxx) XX00000 EASEMENT FOR SUBJACENT AND LATERAL SUPPORT AND EASEMENT FOR SHELTER IMPLIED BY SECTION 8AA STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973. DP1024157 ALL RIGHTS AND EASEMENTS OF ACCESS, FIRE ESCAPE, EASEMENTS FOR SERVICES, EASEMENTS FOR SUPPORT, EASEMENTS FOR SHELTER WHETHER BURDENING OR APPURTENENAT TO THE LAND REGISTERED UNDER DP1024157. Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. All lots and common property in strata plan SP65054 (Leda House and Hunter Connection, 0 Xxxxxx Xxxxxx) DP1024157 ALL RIGHTS OF ACCESS, FIRE ESCAPE, EASEMENTS FOR SERVICES, EASEMENTS FOR SUPPORT, EASEMENTS FOR SHELTER WHETHER BURDENING OR APPURTENENAT TO THE LAND REGISTERED UNDER DP1024157. E119080 EASEMENT FOR ACCESS VARIABLE WIDTH AFFECTING THE PART OF THE LAND SHOWN SO BURDENED IN THE TITLE DIAGRAM Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. All lots and common property in strata plan SP50276 (9 Hunter Street) Q228875 RIGHT OF FOOTWAY AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM V182756 RIGHT OF WAY AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM U797562 EASEMENT FOR DRAINAGE OVER EXISTING LINE OF PIPES AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM U830739 EASEMENT FOR DRAINAGE OVER EXISTING LINE OF PIPES AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 ALL RIGHTS AND EASEMENTS FOR SUPPORT, SHELTER, SERVICES, STRUCTURES APPURTENANT TO THE LAND, RIGHTS OF ACCESS & FOOTWAY, RIGHT TO USE GOODS LIFT, RIGHTS OF WAY & RIGHT TO USE TURNTABLE, AND FIRE ESACPE WHETHER BURDENING OR APPURTENENAT TO THE LAND REGISTERED UNDER DP850895. DP1002572 EASEMENT FOR LOADING BAY AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP1002572 RIGHT OF WAY AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM AC359269 RIGHT OF FOOTWAY 1.52 METRE(S) WIDE AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Lot 1 in DP1003818 (5010 Xx Xxxxxx Place) Any leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Any other easement, covenant, restriction, building management statement, strata management statement, leasehold interest, or other interest or encumbrance (whether registered or unregistered) benefiting, burdening or otherwise affecting the above titles comprising the Land required to be varied, terminated, extinguished, or removed for the purposes of the Development. Signed, sealed and delivered for THE COUNCIL OF THE CITY OF SYDNEY (ABN 22 636 550 790) byits duly authorised officer, in thepresence of: Signature of officer Signature of witness Name of officerAuthorised delegate pursuant to section 377 of the Local Government Act 1993 Name 000 Xxxx Xxxxxx, Xxxxxx XXX 0000 Position of officer Address of witness EXECUTED BY XXXXXX XXXXX(ABN 12 354 063 515) by its duly authorised officer in the presence of: Signature of Witness Signature of Authorised Officer Name Name The Council of the City of Sydney ABN 22 636 550 790 and [party name]Alt[ABN/ACN/ARBN] [number] and [party name] Alt[ABN/ACN/ARBN] [number] For Planning Agreement re [description/address] dated # – Novation date: # Reference: Deed of Novation (Planning Agreement) Version number and year of contract

Appears in 2 contracts

Samples: Planning Agreement, Planning Agreement

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ENVIRONMENTAL PERFORMACE INITIATIVES. 3.1 Environmental Performance Commitment (a) Prior to the issue of the first Construction Certificate for the Development, excluding any Construction Certificate issued for demolition of existing structures on the Land, works in relation to any Xxxxx xxxxxxx, early works or works below ground level, the Developer must submit to the City’s Representative: (i) the signed Commitment Agreement; (ii) a hydraulic engineer report demonstrating water efficiency and how the proposed building is likely to achieve a 4.5 star XXXXXX water rating for the commercial component; and (iii) the executive summary of the Energy Efficient Review prepared by a XXXXXX certified Independent Design Reviewer; (b) If the Developer fails to provide an Environmental Performance Commitment that will achieve the required XXXXXX ratings contained in Item 2 of clause 1 of Schedule 3, then the Developer will meet with the City to agree on alternative measures it will put in place in order to achieve a sustainable Commercial Development. (c) The Developer will keep the City informed of its progress in relation to the achievement of its commitments with respect to the Environmental Performance Initiatives at regular intervals. The City consents to the variation, termination, extinguishment, or removal from title of the following dealings affecting the Land, provided that any such dealing does not benefit or affect any rights or interests of the City, where the City’s consent would otherwise be required by reason of the terms of the dealing, or where the City’s consent would be required as part of the exercise of the City’s statutory functions: Lot 13 DP622968 1 in DP217112, Lot 1 in DP536538, Lot 1 in DP1107981 (316 Xxxxxx 28-34 X’Xxxxxxx Street) K173287 EASEMENT FOR PARTY WALL BK 176 NO 362 RIGHT OF WAY AND SUCH RIGHTS OF WAY AS MAY SUBSIST AFFECTING THE PART(S) WHOLE OF LOT 1 IN DP217112 BK 176 NO 363 RIGHT OF WAY AFFECTNG THE PART OF LOT 1 IN DP1107981 SHOWN SO BURDENED IN PLAN WITH BK 176 NO 363 BK 1133 NO 590 AGREEMENT AFFECTING LOT 1 IN DP1107981 B146826 RIGHT OF WAY AFFECTNG THE TITLE DIAGRAM L70673 EASEMENT FOR PARTY WALL AFFECTING THE LAND PART(S) OF LOT 1 IN DP1107981 SHOWN SO BURDENED IN DP622968 APPURTENANT TO DP176803 C92689 EASEMENT FOR SUPPORT AFFECTING THE PART(SPART OF LOT 1 IN DP1107981 SHOWN BURDENED IN PLAN WITH C92689 J516377 RIGHT OF WAY AFFECTING THE PART OF LOT 1 IN DP217112 SHOWN AS "SITE OF PROPOSED RIGHT OF WAY(VARIABLE WIDTH) AND EASEMENT FOR LIGHT & AIR(VARIABLE WIDTH)" IN PLAN WITH J516377 DP578294 PART OF THE LAND SHOWN SO BENEFITTED BEING LOT 1 IN DP1107981 IS LIMITED IN STRATUM AS REGARDS THE TITLE DIAGRAM PART DESIGNATED (X) IN DP110798 Lot 1 in DP59871 and Lot 2 in DP217112 (44-48 Hunter Street) BK 176 NO 362 RIGHT OF WAY AND SUCH RIGHTS OF WAY AS MAY SUBSIST AFFECTING THE PART(S) SHOWN SO BURDENED WHOLE OF LOT 1 IN THE TITLE DIAGRAM Q228875 RIGHTS OF FOOTWAY AFFECTING THE LAND SHOWN SO BURDENED IN DP622968 APPURTENANT TO THE PART(S) OF THE LAND SHOWN SO BENEFITTED IN THE TITLE DIAGRAM AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM V182756 DP217112 J516377 RIGHT OF WAY APPURTENANT TO THE LAND ABOVE DESCRIBED AFFECTING THE LAND SHOWN AS PROPOSED RIGHT OF WAY VARIABLE WIDTH IN DP636439 DP1002572 PLAN WITH J516377 AI866892 EASEMENT FOR LOADING BAY APPURTENANT TO ROCK ANCHORS AFFECTING THE PARTS DESIGNATED (E2) IN PLANS WITH AI866892 AI866893 EASEMENT FOR CRANE SWING AFFECTING THE WHOLE OF THE LAND ABOVE DESCRIBED DP1002572 AI866894 EASEMENT FOR PROTECTIVE WORKS AFFECTING THE PART OF LOT 2 IN DP217112 DESIGNATED (E1) IN PLAN WITH AI866894 Any leasehold interest affecting title. Lot 1 in DP626651 (33 Bligh Street) BK 176 NO 362 RIGHT OF WAY AFFECTING THE PART OF LOT 1 IN DP626651 SHOWN SO BURDENED IN THE TITLE DIAGRAM BK 176 NO 363 RIGHT OF WAY AFFECTING THE PART OF LOT 1 IN DP626651 SHOWN SO BURDENED IN THE TITLE DIAGRAM BK 1103 NO 407 RIGHT OF WAY AFFECTING THE PART OF LOT 1 IN DP626651 SHOWN SO BURDENED IN THE TITLE DIAGRAM BK 1133 NO 590 AGREEMENT AFFECTING LOT 1 IN DP626651 BK 1607 NO 214 RIGHT OF WAY AFFECTING THE PART OF LOT 1 IN DP626651 SHOWN SO BURDENED IN THE TITLE DIAGRAM B146826 RIGHT OF WAY APPURTENANT TO THE LAND ABOVE DESCRIBED AC349158 RIGHT OF FOOTWAY 0.61 WIDE AFFECTING THE PART SHOWN AS "SITE OF PROPOSED RIGHT OF FOOTWAY 0.61 WIDE" SHOWN IN DP450767 Any leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Lot 1 DP211120 Xxxxxx Street) K173287 EASEMENT FOR PARTY WALL AFFECTING THE PIECE OF LAND SHOWN AS CENTRE OF BRICK PARTY WALL ON THE NORTHERN BOUNDARY OF DP79292 IN DP211120 APPURTENANT TO THE LAND ABOVE DESCRIBED L70673 EASEMENT FOR PARTY WALL AFFECTING THE PART OF THE LAND ABOVE DESCRIBED SHOWN AS CENTRE OF BRICK PARTY WALL IN DP211120 Any leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. All lots and common property in G56085 CROSS EASEMENTS (S.181B CONVEYANCING ACT, 1919) AFFECTING THE PARTY WALLS SHOWN ON THE COMMON BOUNDARY OF LOTS 1 AND 2 IN DP438188 strata plan SP596 (298-302 Xxxxxx Street) Y774953 EASEMENT TO VENT SUMP WASTE OVER EXISTING LINE OF SEWER VENT PIPES APPURTENANT TO THE LAND ABOVE DESCRIBED AFFECTING THE PART SHOWN SO BURDENED BENEFITED IN PLAN WITH Y774953 Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Lot 1 DP438188 (296 Xxxxxx Street) G56085 CROSS EASEMENTS (S181 B CONVEYANCING ACT, 1919) B146826 AFFECTING THE PARTY WALL(S) SHOWN ON THE COMMON BOUNDARY OF LOTS 1 AND 2 IN DP438188 Y774953 EASEMENT TO VENT SUMP WASTE OVER EXISTING LINE OF SEWER VENT PIPES AFFECTING THE PART OF THE LAND ABOVE DESCRIBED IN DP71198 SHOWN SO BURDENED IN PLAN WITH Y774953 Any leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Lot 2 in DP850895 (9 Hunter Street) h Q228875 RIGHT OF FOOTWAY DP176803 C92689 EASEMENT FOR SUPPORT APPURTENANT TO THE PART OF LOT 1 IN DP626651 SHOWN SO BENEFITTED IN THE TITLE DIAGRAM V799241 RIGHT OF CARRIAGEWAY AFFECTING THE PART OF LOT 2 1 IN DP850895 DP626651 IN DP71198 SHOWN IN C92689 DP639400 & 5531462 EASEMENT FOR VERTCAL VENTILATOR AND HORIZONTAL DUCT AFFECTING THE PART OF LOT 1 IN DP626651 SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 EASEMENT FOR SUPPORT AND SHELTER AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 EASEMENT FOR SUPPORT AND SHELTER APPURTENANT TO LOT 2 IN DP850895 DP850895 EASEMENT FOR SERVICES AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 EASEMENT FOR SERVICES APPURTENANT TO THE LAND ABOVE DESCRIBED DP850895 & 3255874 EASEMENT FOR STRUCTURES AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP639400 VARIATION OF EASEMENT DP850895 RIGHT OF FOOT ACCESS 1 WIDE APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF FOOT ACCESS 0.9 WIDE APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF FOOT ACCESS 2.63, 2 & 1.5 WIDE APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF FOOT ACCESS OF VARIABLE WIDTH AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 RIGHT TO USE GOODS LIFT APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF WAY AND RIGHT TO USE TURNTABLE AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 RIGHT OF FIRE EXIT WAY “A” AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 RIGHT OF FIRE EXIT WAY “A” APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF FIRE EXIT WAY “B” APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF ACCESS TO GOODS LIFT AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP1039287 EASEMENT FOR OVERHANG OF VARIABLE WIDTH AFFECTING THE PART(S) SHOWN SO BURDENED IN DP1039287 DP639400 Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. All lots and common property in strata plan SP71068 SP58859 (Leda House and Hunter Connection, 0 Xxxxxx Xxxxxx37 Bligh Street) XX00000 DP639400 EASEMENT FOR SUBJACENT VERTICAL VENTILATOR AND LATERAL SUPPORT AND EASEMENT FOR SHELTER IMPLIED BY SECTION 8AA STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973. DP1024157 ALL RIGHTS AND EASEMENTS OF ACCESS, FIRE ESCAPE, EASEMENTS FOR SERVICES, EASEMENTS FOR SUPPORT, EASEMENTS FOR SHELTER WHETHER BURDENING OR APPURTENENAT HORIZONTAL DUCT APPURTENANT TO THE LAND REGISTERED UNDER DP1024157. Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. All lots and common property in strata plan SP65054 (Leda House and Hunter Connection, 0 Xxxxxx XxxxxxABOVE DESCRIBED 5531539 RESTRICTION(S) DP1024157 ALL RIGHTS ON THE USE OF ACCESS, FIRE ESCAPE, EASEMENTS FOR SERVICES, EASEMENTS FOR SUPPORT, EASEMENTS FOR SHELTER WHETHER BURDENING OR APPURTENENAT TO THE LAND REGISTERED UNDER DP1024157. E119080 EASEMENT FOR ACCESS VARIABLE WIDTH AFFECTING THE PART OF THE LAND SHOWN SO BURDENED IN THE TITLE DIAGRAM Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. All lots and common property in strata plan SP50276 (9 Hunter Street) Q228875 RIGHT OF FOOTWAY AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM V182756 RIGHT OF WAY AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM U797562 EASEMENT FOR DRAINAGE OVER EXISTING LINE OF PIPES AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM U830739 EASEMENT FOR DRAINAGE OVER EXISTING LINE OF PIPES AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 ALL RIGHTS AND EASEMENTS FOR SUPPORT, SHELTER, SERVICES, STRUCTURES APPURTENANT TO THE LAND, RIGHTS OF ACCESS & FOOTWAY, RIGHT TO USE GOODS LIFT, RIGHTS OF WAY & RIGHT TO USE TURNTABLE, AND FIRE ESACPE WHETHER BURDENING OR APPURTENENAT TO THE LAND REGISTERED UNDER DP850895. DP1002572 EASEMENT FOR LOADING BAY AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP1002572 RIGHT OF WAY AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM AC359269 RIGHT OF FOOTWAY 1.52 METRE(S) WIDE AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Lot 1 in DP1003818 (5010 Xx Xxxxxx Place) Any leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. SP58859 POSITIVE COVENANT Any other easement, covenant, restriction, building management statement, strata management statement, leasehold interest, or other interest or encumbrance (whether registered or unregistered) benefiting, burdening or otherwise affecting the above titles comprising the Land required to be varied, terminated, extinguished, or removed for the purposes of the Development, other than any dealing which benefits or affects any rights or interests of the City, where the City’s consent to its removal would otherwise be required by reason of the terms of the dealing, or where the City’s consent would be required to its removal as part of the exercise of the City’s statutory functions. Signed, sealed and delivered for THE COUNCIL OF THE CITY OF SYDNEY (ABN 22 636 550 790) byits duly authorised officer, in thepresence of: Signature of officer Signature of witness Name of officerAuthorised delegate pursuant to section 377 of the Local Government Act 1993 Name 000 Xxxx Xxxxxx, Xxxxxx XXX 0000 Position of officer Address of witness EXECUTED BY XXXXXX XXXXX(ABN 12 354 063 515) by its duly authorised officer in the presence of: Signature of Witness Signature of Authorised Officer Name Name The Council of the City of Sydney ABN 22 636 550 790 and [party name]Alt[ABN/ACN/ARBN] [number] and [party name] Alt[ABN/ACN/ARBN] [number] For Planning Agreement re [description/address] dated # – Novation date: # Reference: Deed of Novation (Planning Agreement) Version number and year of contract

Appears in 1 contract

Samples: Planning Agreement

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ENVIRONMENTAL PERFORMACE INITIATIVES. 3.1 Environmental Performance Commitment (a) Prior to the issue of the first Construction Certificate for the Development, excluding any Construction Certificate issued for demolition of existing structures on the Land, works in relation to any Xxxxx xxxxxxx, early works or works below ground level, the Developer must submit to the City’s Representative: (i) the signed Commitment Agreement; (ii) a hydraulic engineer report demonstrating water efficiency and how the proposed building is likely to achieve a 4.5 star XXXXXX water rating for the commercial component; and (iii) the executive summary of the Energy Efficient Review prepared by a XXXXXX certified Independent Design Reviewer; (b) If the Developer fails to provide an Environmental Performance Commitment that will achieve the required XXXXXX ratings contained in Item 2 of clause 1 of Schedule 3, then the Developer will meet with the City to agree on alternative measures it will put in place in order to achieve a sustainable Commercial Development. (c) The Developer will keep the City informed of its progress in relation to the achievement of its commitments with respect to the Environmental Performance Initiatives at regular intervals. The City consents to the variation, termination, extinguishment, or removal from title of the following dealings affecting the Land, provided that any such dealing does not benefit or affect any rights or interests of the City, where the City’s consent would otherwise be required by reason of the terms of the dealing, or where the City’s consent would be required as part of the exercise of the City’s statutory functions: Lot 13 DP622968 Xxx 0 xx XX000000, Xxx 0 xx XX000000, Xxx 0 xx XX0000000 (316 Xxxxxx Street00-00 X’Xxxxxxx Xxxxxx) K173287 EASEMENT FOR PARTY WALL BK 176 NO 000 XXXXX XX XXX AND SUCH RIGHTS OF WAY AS MAY SUBSIST AFFECTING THE PART(S) WHOLE OF LOT 1 IN DP217112 BK 176 NO 000 XXXXX XX XXX XXXXXXXX THE PART OF LOT 1 IN DP1107981 SHOWN SO BURDENED IN PLAN WITH BK 176 NO 363 BK 1133 NO 590 AGREEMENT AFFECTING LOT 1 IN DP1107981 B146826 RIGHT OF WAY AFFECTNG THE TITLE DIAGRAM L70673 EASEMENT FOR PARTY WALL AFFECTING THE LAND PART(S) OF LOT 1 IN DP1107981 SHOWN SO BURDENED IN DP622968 APPURTENANT TO DP176803 C92689 EASEMENT FOR SUPPORT AFFECTING THE PART(SPART OF LOT 1 IN DP1107981 SHOWN BURDENED IN PLAN WITH C92689 J516377 RIGHT OF WAY AFFECTING THE PART OF LOT 1 IN DP217112 SHOWN AS "SITE OF PROPOSED RIGHT OF WAY(VARIABLE WIDTH) AND EASEMENT FOR LIGHT & AIR(VARIABLE WIDTH)" IN PLAN WITH J516377 DP578294 PART OF THE LAND SHOWN SO BENEFITTED BEING LOT 1 IN DP1107981 IS LIMITED IN STRATUM AS REGARDS THE TITLE DIAGRAM PART DESIGNATED (X) IN DP110798 Lot 1 in DP59871 and Xxx 0 xx XX000000 (00-00 Xxxxxx Xxxxxx) XX 176 NO 000 XXXXX XX XXX AND SUCH RIGHTS OF WAY AS MAY SUBSIST AFFECTING THE PART(S) SHOWN SO BURDENED WHOLE OF LOT 1 IN THE TITLE DIAGRAM Q228875 RIGHTS OF FOOTWAY AFFECTING THE LAND SHOWN SO BURDENED IN DP622968 APPURTENANT TO THE PART(S) OF THE LAND SHOWN SO BENEFITTED IN THE TITLE DIAGRAM AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM V182756 DP217112 J516377 RIGHT OF WAY APPURTENANT TO THE LAND ABOVE DESCRIBED AFFECTING THE LAND SHOWN AS PROPOSED RIGHT OF WAY VARIABLE WIDTH IN DP636439 DP1002572 PLAN WITH J516377 AI866892 EASEMENT FOR LOADING BAY APPURTENANT TO ROCK ANCHORS AFFECTING THE PARTS DESIGNATED (E2) IN PLANS WITH AI866892 AI866893 EASEMENT FOR CRANE SWING AFFECTING THE WHOLE OF THE LAND ABOVE DESCRIBED DP1002572 AI866894 EASEMENT FOR PROTECTIVE WORKS AFFECTING THE PART OF LOT 2 IN DP217112 DESIGNATED (E1) IN PLAN WITH AI866894 Any leasehold interest affecting title. Xxx 0 xx XX000000 (00 Xxxxx Xxxxxx) XX 176 NO 000 XXXXX XX XXX AFFECTING THE PART OF LOT 1 IN DP626651 SHOWN SO BURDENED IN THE TITLE DIAGRAM BK 176 NO 000 XXXXX XX XXX AFFECTING THE PART OF LOT 1 IN DP626651 SHOWN SO BURDENED IN THE TITLE DIAGRAM BK 1103 NO 000 XXXXX XX XXX AFFECTING THE PART OF LOT 1 IN DP626651 SHOWN SO BURDENED IN THE TITLE DIAGRAM BK 1133 NO 590 AGREEMENT AFFECTING LOT 1 IN DP626651 BK 1607 NO 000 XXXXX XX XXX AFFECTING THE PART OF LOT 1 IN DP626651 SHOWN SO BURDENED IN THE TITLE DIAGRAM B146826 RIGHT OF WAY APPURTENANT TO THE LAND ABOVE DESCRIBED AC349158 RIGHT OF FOOTWAY 0.61 WIDE AFFECTING THE PART SHOWN AS "SITE OF PROPOSED RIGHT OF FOOTWAY 0.61 WIDE" SHOWN IN DP450767 Any leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Lot 1 DP211120 Xxxxxx Street) K173287 EASEMENT FOR PARTY WALL AFFECTING THE PIECE OF LAND SHOWN AS CENTRE OF BRICK PARTY WALL ON THE NORTHERN BOUNDARY OF DP79292 IN DP211120 APPURTENANT TO THE LAND ABOVE DESCRIBED L70673 EASEMENT FOR PARTY WALL AFFECTING THE PART OF THE LAND ABOVE DESCRIBED SHOWN AS CENTRE OF BRICK PARTY WALL IN DP211120 Any leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. All lots and common property in G56085 CROSS EASEMENTS (S.181B CONVEYANCING ACT, 1919) AFFECTING THE PARTY WALLS SHOWN ON THE COMMON BOUNDARY OF LOTS 1 AND 2 IN DP438188 strata plan SP596 (298-302 Xxxxxx Street) Y774953 EASEMENT TO VENT SUMP WASTE OVER EXISTING LINE OF SEWER VENT PIPES APPURTENANT TO THE LAND ABOVE DESCRIBED AFFECTING THE PART SHOWN SO BURDENED BENEFITED IN PLAN WITH Y774953 Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Lot 1 DP438188 (296 Xxxxxx Street) G56085 CROSS EASEMENTS (S181 B CONVEYANCING ACT, 1919) B146826 AFFECTING THE PARTY WALL(S) SHOWN ON THE COMMON BOUNDARY OF LOTS 1 AND 2 IN DP438188 Y774953 EASEMENT TO VENT SUMP WASTE OVER EXISTING LINE OF SEWER VENT PIPES AFFECTING THE PART OF THE LAND ABOVE DESCRIBED IN DP71198 SHOWN SO BURDENED IN PLAN WITH Y774953 Any leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Lot 2 in DP850895 (9 Hunter Street) h Q228875 RIGHT OF FOOTWAY DP176803 C92689 EASEMENT FOR SUPPORT APPURTENANT TO THE PART OF LOT 1 IN DP626651 SHOWN SO BENEFITTED IN THE TITLE DIAGRAM V799241 RIGHT OF CARRIAGEWAY AFFECTING THE PART OF LOT 2 1 IN DP850895 DP626651 IN DP71198 SHOWN IN C92689 DP639400 & 5531462 EASEMENT FOR VERTCAL VENTILATOR AND HORIZONTAL DUCT AFFECTING THE PART OF LOT 1 IN DP626651 SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 EASEMENT FOR SUPPORT AND SHELTER AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 EASEMENT FOR SUPPORT AND SHELTER APPURTENANT TO LOT 2 IN DP850895 DP850895 EASEMENT FOR SERVICES AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 EASEMENT FOR SERVICES APPURTENANT TO THE LAND ABOVE DESCRIBED DP850895 & 3255874 EASEMENT FOR STRUCTURES AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP639400 VARIATION OF EASEMENT DP850895 RIGHT OF FOOT ACCESS 1 WIDE APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF FOOT ACCESS 0.9 WIDE APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF FOOT ACCESS 2.63, 2 & 1.5 WIDE APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF FOOT ACCESS OF VARIABLE WIDTH AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 RIGHT TO USE GOODS LIFT APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF WAY AND RIGHT TO USE TURNTABLE AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 RIGHT OF FIRE EXIT WAY “A” AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 RIGHT OF FIRE EXIT WAY “A” APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF FIRE EXIT WAY “B” APPURTENANT TO LOT 2 IN DP850895 DP850895 RIGHT OF ACCESS TO GOODS LIFT AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP1039287 EASEMENT FOR OVERHANG OF VARIABLE WIDTH AFFECTING THE PART(S) SHOWN SO BURDENED IN DP1039287 DP639400 Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. All lots and common property in strata plan SP71068 SP58859 (Leda House and Hunter Connection, 0 Xxxxxx Xxxxxx37 Bligh Street) XX00000 DP639400 EASEMENT FOR SUBJACENT VERTICAL VENTILATOR AND LATERAL SUPPORT AND EASEMENT FOR SHELTER IMPLIED BY SECTION 8AA STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973. DP1024157 ALL RIGHTS AND EASEMENTS OF ACCESS, FIRE ESCAPE, EASEMENTS FOR SERVICES, EASEMENTS FOR SUPPORT, EASEMENTS FOR SHELTER WHETHER BURDENING OR APPURTENENAT HORIZONTAL DUCT APPURTENANT TO THE LAND REGISTERED UNDER DP1024157. Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. All lots and common property in strata plan SP65054 (Leda House and Hunter Connection, 0 Xxxxxx XxxxxxABOVE DESCRIBED 5531539 RESTRICTION(S) DP1024157 ALL RIGHTS ON THE USE OF ACCESS, FIRE ESCAPE, EASEMENTS FOR SERVICES, EASEMENTS FOR SUPPORT, EASEMENTS FOR SHELTER WHETHER BURDENING OR APPURTENENAT TO THE LAND REGISTERED UNDER DP1024157. E119080 EASEMENT FOR ACCESS VARIABLE WIDTH AFFECTING THE PART OF THE LAND SHOWN SO BURDENED IN THE TITLE DIAGRAM Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. All lots and common property in strata plan SP50276 (9 Hunter Street) Q228875 RIGHT OF FOOTWAY AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM V182756 RIGHT OF WAY AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM U797562 EASEMENT FOR DRAINAGE OVER EXISTING LINE OF PIPES AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM U830739 EASEMENT FOR DRAINAGE OVER EXISTING LINE OF PIPES AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP850895 ALL RIGHTS AND EASEMENTS FOR SUPPORT, SHELTER, SERVICES, STRUCTURES APPURTENANT TO THE LAND, RIGHTS OF ACCESS & FOOTWAY, RIGHT TO USE GOODS LIFT, RIGHTS OF WAY & RIGHT TO USE TURNTABLE, AND FIRE ESACPE WHETHER BURDENING OR APPURTENENAT TO THE LAND REGISTERED UNDER DP850895. DP1002572 EASEMENT FOR LOADING BAY AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM DP1002572 RIGHT OF WAY AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM AC359269 RIGHT OF FOOTWAY 1.52 METRE(S) WIDE AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM Any building management statement, strata management statement, leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. Lot 1 in DP1003818 (5010 Xx Xxxxxx Place) Any leasehold interest, or other interest or encumbrance benefiting, burdening or otherwise affecting the titles. SP58859 POSITIVE COVENANT Any other easement, covenant, restriction, building management statement, strata management statement, leasehold interest, or other interest or encumbrance (whether registered or unregistered) benefiting, burdening or otherwise affecting the above titles comprising the Land required to be varied, terminated, extinguished, or removed for the purposes of the Development, other than any dealing which benefits or affects any rights or interests of the City, where the City’s consent to its removal would otherwise be required by reason of the terms of the dealing, or where the City’s consent would be required to its removal as part of the exercise of the City’s statutory functions. Signed, sealed and delivered for THE COUNCIL OF THE CITY OF SYDNEY (ABN 22 636 550 790) byits duly authorised officer, in thepresence of: Signature of officer Signature of witness Name of officerAuthorised delegate pursuant to section 377 of the Local Government Act 1993 Xxx 0000 Name 000 Xxxx Xxxxxx, Xxxxxx XXX 0000 Position of officer Address of witness EXECUTED BY XXXXXX XXXXX(ABN 12 354 063 515) by its duly authorised officer in the presence of: Signature of Witness Signature of Authorised Officer Name Name The Council of the City of Sydney ABN 22 636 550 790 and [party name]Alt[ABN/ACN/ARBN] [number] and [party name] Alt[ABN/ACN/ARBN] [number] For Planning Agreement re [description/address] dated # – Novation date: # Reference: Deed of Novation (Planning Agreement) Version number and year of contract

Appears in 1 contract

Samples: Planning Agreement

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