Explanatory Note Relating to this Agreement. 28.1. Schedule 1 contains the Explanatory Note relating to this Agreement pursuant to section 205 of the Regulation.
Explanatory Note Relating to this Agreement. 42.1 The Appendix contains the Explanatory Note relating to this Agreement required by clause 25E of the Regulation.
42.2 Pursuant to clause 25E(7) of the Regulation, the Parties agree that the Explanatory Note in the Appendix is not to be used to assist in construing this Planning Agreement.
Explanatory Note Relating to this Agreement. 29.1 The Appendix contains the Explanatory Note relating to this Agreement required by clause 25E of the Regulation.
29.2 Pursuant to clause 25E(7) of the Regulation, the Parties agree that the Explanatory Note in the Appendix is not to be used to assist in construing this Planning Agreement. Under s93F of the Environmental Planning and Assessment Xxx 0000 Port Macquarie-Hastings Council ABN 11 236 901 601 of Corner Lord and Xxxxxxxx Xxxxxxx, Xxxx Xxxxxxxxx, Xxx Xxxxx Xxxxx, 0000 (Council) 2444 Pty Ltd ABN 74 122 863 754 of XX XXX 0, Xxxx Xxxxxxxxx XXX 0000 (Developer) Land means Xxx 00 xx Xxxxxx Xxxx 00000 situated at Xxxxxxx Xxxxxx, Xxxx Xxxxxxxxx, Xxx Xxxxx Xxxxx. Development means development the subject of Development Application DA 2013/482 lodged with the Council on 27 August 2013. The objective of the Draft Planning Agreement is to provide suitable funding for car parking or upgrading of pedestrian or traffic facilities to meet the Development on the Land. The Draft Planning Agreement is a planning agreement under s93F of the Environmental Planning and Assessment Xxx 0000 (Act). It is an agreement between the Council and the Developer. The Draft Planning Agreement is a voluntary agreement under which Development Contributions (as defined in clause 1.1 of the Draft Planning Agreement) are made by the Developer for public purposes (as defined in s93F(3) of the Act). The Draft Planning Agreement: relates to the carrying out by the Developer of the Development on the Land, does not exclude the application of ss 94, 94A and 94EF of the Act to the Development, requires monetary Development Contributions of a specified amount for the purposes of car parking or upgrading of pedestrian or traffic facilities, requires the Council to apply monetary Development Contributions made under the Agreement towards the specified purpose for which they were made, requires the Developer to provide the Council with Security relating to the making of monetary Development Contributions in certain circumstances, is not to be registered on the title to the Land, imposes restrictions on the Parties transferring the Land or part of the Land or assigning an interest under the Agreement, provides two dispute resolution methods for a dispute under the Agreement, being expert determination and mediation, provides that the Agreement is governed by the law of New South Wales, and provides that the A New Tax System (Goods and Services Tax) Xxx 0000 (Cth) applies t...
Explanatory Note Relating to this Agreement. The Appendix contains the Explanatory Note relating to this Agreement required by clause 25E of the Regulation. Pursuant to clause 25E(7) of the Regulation, each Party agrees that the Explanatory Note in Appendix is not to be used to assist in construing this Planning Agreement. Execution General Manager (sign) Witness (sign) Xxxxxxxx Xxxxxxx Name of General Manager (print) Witness – Name/Position (print) Xxxxx Xxxxxxxx Daccourt (sign) Witness (sign) Xxxxx Xxxxxxxx Daccourt (print) Witness – Name/Position Schedule 1: (Section 7.4 Requirements) Provision of the Act This Agreement Under section 7.4(1), the Developer has: (a) sought a change to an environmental planning instrument No (b) Made, or proposes to make, a Development Application. Yes (c) entered into an agreement with, or is otherwise associated with, a person, to whom paragraph (a) or (b) applies No Description of the land to which this Agreement applies – The Land described in Schedule 2 to this agreement The scope, timing and manner of delivery of Development Contributions required by this Agreement – (Section 7.43)(c)) See Schedule 3 Applicability of Sections 7.11, 7.12 and 7.24 of the Act – See clause 5 Benefits under the Agreement considered for Section 7.11 purposes – (Section7.4(3)(e)), See clause 5 Dispute Resolution – (Section 7.4(3)(f)) See clause 23 clause 24 Enforcement of this Agreement – (Section 7.4(3)(g)) See clauses 19 - 22 Registration of the Agreement – (Section 7.6) Yes, see clause 25 Xxx 0 XX 0000 (xxxxx as 00 - 00 Xxxxxxx Xxxxxx, Xxxxxxxx.) Part A: Land Dedications Column 1 Column 2 Column 3 Column 4 Item Public Benefit Contribution Value (1) Timing A A1 Dedication of land to the Council free of cost of the Dedicated Land comprising a stratum lot in the area shown in green on the plans included in Item A1 of Schedule 4, limited in depth to approximately 1200mm below the lowest level of the surface of the immediately adjoining Hesten Lane1. $NA Prior to the issue of any Occupation Certificate in relation to the Development. Part B: Works Column 1 Column 2 Column 3 Column 4 Item Public Benefit Contribution Value Timing B B1 Landscaping and public domain works on the ground level area shown in green on the plan included in Item A1 of Schedule 4, being the ground level of the stratum lot required to be dedicated to Council in accordance with Item A1 of this Schedule 3, with the works to comprise a suitable pedestrian footpath and landscaping on either side of the pedestrian footp...
Explanatory Note Relating to this Agreement. 38.1 The Appendix contains the Explanatory Note relating to this Agreement required by clause 25E of the Regulation.
38.2 Pursuant to clause 25E(7) of the Regulation, the Parties agree that the Explanatory Note in the Appendix is not to be used to assist in construing this Planning Agreement.
1. Road The construction of Other Monetary Immediately prior to Construction Xxxxxxxxxx Parkway and Mahers Lane within Area E Development Contribution for each Residential the issue of each Subdivision Certificate for Residential Lots, $19,738.20 per Residential Lot that is suitable for a Detached Dwelling and (for avoidance of doubt) does not comprise a Unit Lot.- but only for the Residential Lots that $10,182.69 per Residential Lot comprising a one bedroom Unit are to be the subject of the relevant Subdivision Certificate.- $13,315.83 per Residential Lot comprising a two bedroom Unit $16,448.96 per Residential Lot comprising a three bedroom Unit Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Item Number and Public Facility Public Purpose Land acquisition or other Scope of Obligation When Required Contribution Value $ $19,738.20 per Residential Lot comprising a four bedroom Unit
2. Flood mitigation works Flood mitigation for Area E Other Monetary Development Contribution for each Residential Lot.- Immediately prior to the issue of each Subdivision Certificate for Residential Lots, but only for the Residential Lots that are to be the subject of the relevant Subdivision Certificate.- $331.30 per Residential Lot that is suitable for a Detached Dwelling and (for avoidance of doubt) does not comprise a Unit $170.92 per Residential Lot comprising a one bedroom Unit $223.50 per Residential Lot comprising a two bedroom Unit $276.09 per Residential Lot comprising a three bedroom Unit $331.30 per Residential Lot comprising a four bedroom Unit
3. Flood mitigation – land Purchase of easement over Xxx 000 XX 000000 for flood levee Land acquisition Monetary Development Contribution for each Residential Lot.- Immediately prior to the issue of each Subdivision Certificate for Residential Lots, but only for the Residential Lots that are to be the subject of the relevant Subdivision Certificate.- $30.00 per Residential Lot that is suitable for a Detached Dwelling and (for avoidance of doubt) does not comprise a Unit $15.48 per Residential Lot comprising a one bedroom Unit $20.24 per Residential Lot comprising a two bedroom Unit $25.00 per Residential Lot comprising a three bedr...
Explanatory Note Relating to this Agreement. 59.1 The Appendix contains the Explanatory Note relating to this Agreement required by clause 25E of the Regulation.
59.2 Pursuant to clause 25E(7) of the Regulation, the Parties agree that the Explanatory Note in the Appendix is not to be used to assist in construing this Planning Agreement. Development of the Land for urban purposes, involving the subdivision of the Land to accommodate a maximum of 7,700756 dwellings and non-residential development, and associated infrastructure. 1. Not used
Explanatory Note Relating to this Agreement. Note: Explanatory note for this agreement is being exhibited as a separate document for the exhibition of this Planning Proposal in accordance with the Gateway Determination requirements.
Explanatory Note Relating to this Agreement. The Appendix 2 contains the Explanatory Note relating to this Agreement required by clause 25E of the Regulation. Pursuant to clause 25E(7) of the Regulation, each Party agrees that the Explanatory Note in the Appendix 2 is not to be used to assist in construing this Planning Agreement. Execution Executed by Bayside Council by its authorised delegate in accordance with a resolution of the Council made on [INSERT]. .......................................................... General Manager XXXXXXXX XXXXXXX Name of Witness in full .........................................................
Explanatory Note Relating to this Agreement. 13.1 The Explanatory Note relating to this Agreement required by clause 25E of the Regulation is Appendix A to this Agreement. 14 Notations on Certificates Under s149 of the Act
14.1 CCC is not to make a notation under s149(5) of the Act about this Agreement on any certificate under s149(2) of the Act relating to the Land or any adjoining or adjacent land.
Explanatory Note Relating to this Agreement. 25.1 The Appendix contains the explanatory note relating to this Agreement required by clause 25E of the Regulation.
25.2 Pursuant to clause 25E(7) of the Regulation, the Parties agree that the explanatory note in the Appendix is not to be used to assist in construing this Planning Agreement. Signature of Witness Name of Witness Signed by Xxxxxx Xxxx ) in the presence of” ) Signature of Witness Xxxxxx Xxxx Name of Witness Signed by Xxxxxxxx Xxxx Xxxx ) in the presence of” ) Signature of Witness Xxxxxxxx Xxxx Xxxx Name of Witness Signed by Xxxxx Xxxxxxx Xxxxxx ) in the presence of” ) Signature of Witness Xxxxx Xxxxxxx Xxxxxx Name of Witness Signed by Xxxxxx Xxxx Xxxxxx ) in the presence of” ) Signature of Witness Xxxxxx Xxxx Xxxx Name of Witness Signed by Daygage Pty Ltd (ACN 073 510 666) in accordance with Section 127 of the Corporations Act 2001 (Cth) by: Signature of Director Signature of Director/Secretary BETWEEN XXXXX XXXXX COUNCIL of Council Xxxxxxxx, 00-00 Xxxxxxx Xxxxxx, Xxxxxxxxxxx in the State of New South Wales ("Council") of the First Part AND XXXXXX XXXX, XXXXXXXX XXXX XXXX, XXXXX XXXXXXX XXXXXX, XXXXXX XXXX XXXXXX AND DAYGAGE PTY LTD (ACN 073 510 666) of Level 11, 139 Macquarie Street, Sydney in the State of New South Wales ("the Owners") of the Second Part
