Common use of Explanatory Note Relating to this Agreement Clause in Contracts

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 Agreement. Execution Executed as an Agreement date: 2022 Executed on behalf of Bayside Council ABN 80 690 785 443 by its authorised delegate pursuant to section 377 of the Local Government Act 1993 in the presence of: _ General Manager (sign) Witness (sign) Xxxxxxxx Xxxxxxx Name of General Manager (print) Witness – Name/Position (print) Executed on behalf of Sydney Eastern City Planning Panel c/- Planning Panels Secretariat, 000 Xxxx Xxxxxx, Xxxxxx XXX 0000 in the presence of: _ Chairperson (sign) Panel Member (sign) Xxxx Xxxxxx Name of General Manager (print) Panel Member– Name/Position (print) Executed by Iglu No. 211 Pty Ltd ACN 632 562 657 in accordance with section 127(1) of theCorporations Act 2001 (Cth) by: Signature of Director Full name (print) Signature of Company Secretary Full name (print) 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 6 and Schedule 3 Dispute Resolution – (Section 7.4(3)(f)) See clause 9 Enforcement of this Agreement – (Section 7.4(3)(g)) See clause 8 Registration of the Agreement – (Section 7.6) Yes, see clause 10 Schedule 2: The Land The Land Lot 2 in DP 547700 (known as 00X Xxxxxx Xxxxxx, Xxxxxx XXX 2020), Lot 8 in DP 939729 (known as 0 Xxxx Xxxxxx, Mascot NSW 2020) and Lot 9 in DP 939729 (known as 0 Xxxx Xxxxxx, Mascot NSW 2020) Schedule 3: Development Contribution Column 1 Column 2 Column 3 Column 4 Item Public Purpose Contribution Value Timing Monetary Contribution Monetary Contribution for public purposes relating to open space and/ or recreation in the Mascot Station Precinct1. $5,800,000.00 28 days from the Date of Operation of this Agreement. If the Monetary Contribution is not paid to Council within 28 days as required by this Agreement, the interest provided for in clause 6.3 will be applicable. For the avoidance of doubt, in the event that the Monetary Contribution is not paid within 28 days as required by this Agreement, no Occupation Certificate in relation to the Development Consent can be issued until such time as the Monetary Contribution is paid to Council and written certification of payment from Council provided. 1 A plan showing Mascot Station Precinct is contained at page 90 of Bayside Council (former City of Botany Bay) s 7.11 Development Contributions Plan 2916 Amendment 1 effective 19 June 2018 Appendix (Explanatory Note) Environmental Planning and Assessment Regulation 2021 (clause 205) Explanatory Note: Proposed Planning Agreement Under section 7.4 of the Environmental Planning and Assessment Act 1979

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 Executed as an Agreement at Rockdale date: 2022 2018 Executed on behalf of Bayside Council ABN 80 690 785 443 by its authorised delegate pursuant to section 377 of the Local Government Act 1993 in the presence ofBranch 003: _ General Manager (sign) Witness (sign) Xxxxxxxx Xxxxxxx Name of General Manager (print) Witness – Name/Position (print) Executed on behalf of Sydney Eastern City Planning Panel c/- Planning Panels Secretariat, 000 Xxxx Xxxxxx, Xxxxxx XXX 0000 in the presence ofby Xxxxx Xxxxxxxx Daccour: _ Chairperson Xxxxx Xxxxxxxx Daccourt (sign) Panel Member Witness (sign) Xxxx Xxxxxx Name of General Manager Xxxxx Xxxxxxxx Daccourt (print) Panel MemberWitness – Name/Position (print) Executed by Iglu No. 211 Pty Ltd ACN 632 562 657 in accordance with section 127(1) of theCorporations Act 2001 (Cth) by: Signature of Director Full name (print) Signature of Company Secretary Full name (print) Schedule 1: (Section 7.4 Requirements) Provision of the Act This Agreement Under section 7.4(1), the Developer has: (a) Sought sought a change to an environmental planning instrument No (b) Made, or proposes to make, a Development Application Application. Yes (c) Entered 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 6 and Schedule 3 5 Dispute Resolution – (Section 7.4(3)(f)) See clause 9 23 clause 24 Enforcement of this Agreement – (Section 7.4(3)(g)) See clause 8 clauses 19 - 22 Registration of the Agreement – (Section 7.6) Yes, see clause 10 25 Schedule 2: The Land The Land Lot 2 in DP 547700 Xxx 0 XX 0000 (known xxxxx as 00X Xxxxxx 00 - 00 Xxxxxxx Xxxxxx, Xxxxxx XXX 2020), Lot 8 in DP 939729 (known as 0 Xxxx Xxxxxx, Mascot NSW 2020) and Lot 9 in DP 939729 (known as 0 Xxxx Xxxxxx, Mascot NSW 2020Xxxxxxxx.) Schedule 3: Development Contribution Contributions Part A: Land Dedications Column 1 Column 2 Column 3 Column 4 Item Public Purpose Benefit Contribution Value (1) Timing Monetary Contribution Monetary Contribution for public purposes relating A A1 Dedication of land to open space and/ or recreation the Council free of cost of the Dedicated Land comprising a stratum lot in the Mascot Station Precinct1area 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. $5,800,000.00 28 days from NA Prior to the Date issue of Operation of this Agreement. If the Monetary Contribution is not paid to Council within 28 days as required by this Agreement, the interest provided for in clause 6.3 will be applicable. For the avoidance of doubt, in the event that the Monetary Contribution is not paid within 28 days as required by this Agreement, no any Occupation Certificate in relation to the Development Consent can 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 issued until such time as the Monetary Contribution is paid dedicated to Council in accordance with Item A1 of this Schedule 3, with the works to comprise a suitable pedestrian footpath and written certification of payment from Council provided. 1 A plan showing Mascot Station Precinct is contained at page 90 of Bayside Council (former City of Botany Bay) s 7.11 Development Contributions Plan 2916 Amendment 1 effective 19 June 2018 Appendix (Explanatory Note) Environmental Planning and Assessment Regulation 2021 (clause 205) Explanatory Note: Proposed Planning Agreement Under section 7.4 landscaping on either side of the Environmental Planning and Assessment Act 1979pedestrian footpath. $NA Prior to the issue of any Occupation Certificate in relation to the Development.

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 Executed as an Agreement at Rockdale date: 2022 2018 Executed on behalf of Bayside Council ABN 80 690 785 443 by its authorised delegate pursuant to section 377 of the Local Government Act 1993 in the presence ofBranch 003: _ General Manager (sign) Witness (sign) Xxxxxxxx Xxxxxxx Name of General Manager (print) Witness – Name/Position (print) Executed on behalf of Sydney Eastern City Planning Panel c/- Planning Panels Secretariat, 000 Xxxx Xxxxxx, Xxxxxx XXX 0000 in the presence ofby Xxxxx Xxxxxxxx Xxxxxxx: _ Chairperson Xxxxx Xxxxxxxx Xxxxxxxx (sign) Panel Member Witness (sign) Xxxx Xxxxxx Name of General Manager Xxxxx Xxxxxxxx Xxxxxxxx (print) Panel MemberWitness – Name/Position (print) Executed by Iglu No. 211 Pty Ltd ACN 632 562 657 in accordance with section 127(1) of theCorporations Act 2001 (Cth) by: Signature of Director Full name (print) Signature of Company Secretary Full name (print) Schedule 1: (Section 7.4 Requirements) Provision of the Act This Agreement Under section 7.4(1), the Developer has: (a) Sought sought a change to an environmental planning instrument No (b) Made, or proposes to make, a Development Application Application. Yes (c) Entered 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 6 and Schedule 3 5 Dispute Resolution – (Section 7.4(3)(f)) See clause 9 23 clause 24 Enforcement of this Agreement – (Section 7.4(3)(g)) See clause 8 clauses 19 - 22 Registration of the Agreement – (Section 7.6) Yes, see clause 10 25 Schedule 2: The Land The Land Lot 2 in 1 DP 547700 3560 (known as 00X Xxxxxx 00 - 00 Xxxxxxx Xxxxxx, Xxxxxx XXX 2020), Lot 8 in DP 939729 (known as 0 Xxxx Xxxxxx, Mascot NSW 2020) and Lot 9 in DP 939729 (known as 0 Xxxx Xxxxxx, Mascot NSW 2020Xxxxxxxx.) Schedule 3: Development Contribution Contributions Part A: Land Dedications Column 1 Column 2 Column 3 Column 4 Item Public Purpose Benefit Contribution Value (1) Timing Monetary Contribution Monetary Contribution for public purposes relating A A1 Dedication of land to open space and/ or recreation the Council free of cost of the Dedicated Land comprising a stratum lot in the Mascot Station Precinct1area 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. $5,800,000.00 28 days from NA Prior to the Date issue of Operation of this Agreement. If the Monetary Contribution is not paid to Council within 28 days as required by this Agreement, the interest provided for in clause 6.3 will be applicable. For the avoidance of doubt, in the event that the Monetary Contribution is not paid within 28 days as required by this Agreement, no any Occupation Certificate in relation to the Development Consent can 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 issued until such time as the Monetary Contribution is paid dedicated to Council in accordance with Item A1 of this Schedule 3, with the works to comprise a suitable pedestrian footpath and written certification of payment from Council provided. 1 A plan showing Mascot Station Precinct is contained at page 90 of Bayside Council (former City of Botany Bay) s 7.11 Development Contributions Plan 2916 Amendment 1 effective 19 June 2018 Appendix (Explanatory Note) Environmental Planning and Assessment Regulation 2021 (clause 205) Explanatory Note: Proposed Planning Agreement Under section 7.4 landscaping on either side of the Environmental Planning and Assessment Act 1979pedestrian footpath. $NA Prior to the issue of any Occupation Certificate in relation to the Development.

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 Agreement. Execution Executed as an Agreement date: 2022 Executed on behalf of Bayside Council ABN 80 690 785 443 by its authorised delegate pursuant to section 377 of the Local Government Act 1993 in the presence of: _ Acting General Manager (sign) Witness (sign) Xxxxxxxx Xxxxx Xxxxxx Xxxxxxx Xxxxxxx / Executive Assistant Name of Acting General Manager (print) 000 Xxxxxxx Xxxxxxx Xxxxxxxx XXX Witness – Name/Position (print) Address Executed on behalf of Sydney Eastern City Planning Panel c/- Planning Panels Secretariat, 000 Xxxx Xxxxxx, Xxxxxx XXX 0000 in the presence of: _ Signed electronically on1 September 2022 at 11.32am. I certify that my electronic signature was affixed by me, or at my direction, on the date and time specified. Chairperson (sign) Panel Member (sign) Xxxx Xxxxxx Signed electronically on 30 August 2022 at 3.45pm. I certify that my electronic signature was affixed by me, or at my direction, on the date and time specified. Xxx Xxxxxxx, Alternate State Member Name of General Manager Chairperson (print) Panel MemberMember – Name/Position (print) Executed by Iglu No. 211 Pty Ltd ACN 632 562 657 in accordance with section 127(1) of theCorporations Act 2001 (Cth) by: Signature of Director Full name (print) Signature of Company Secretary Director Full name (print) 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 6 and Schedule 3 Dispute Resolution – (Section 7.4(3)(f)) See clause 9 Enforcement of this Agreement – (Section 7.4(3)(g)) See clause 8 Registration of the Agreement – (Section 7.6) Yes, see clause 10 Schedule 2: The Land The Land Lot 2 in DP 547700 (known as 00X Xxxxxx Xxxxxx, Xxxxxx XXX 2020), Lot 8 in DP 939729 (known as 0 Xxxx Xxxxxx, Mascot NSW 2020) and Lot 9 in DP 939729 (known as 0 Xxxx Xxxxxx, Mascot NSW 2020) Schedule 3: Development Contribution Column 1 Column 2 Column 3 Column 4 Item Public Purpose Contribution Value Timing Monetary Contribution Monetary Contribution for public purposes relating to open space and/ or recreation in the Mascot Station Precinct1. $5,800,000.00 28 days from the Date of Operation of this Agreement. If the Monetary Contribution is not paid to Council within 28 days as required by this Agreement, the interest provided for in clause 6.3 will be applicable. For the avoidance of doubt, in the event that the Monetary Contribution is not paid within 28 days as required by this Agreement, no Occupation Certificate in relation to the Development Consent can be issued until such time as the Monetary Contribution is paid to Council and written certification of payment from Council provided. 1 A plan showing Mascot Station Precinct is contained at page 90 of Bayside Council (former City of Botany Bay) s 7.11 Development Contributions Plan 2916 Amendment 1 effective 19 June 2018 Appendix (Explanatory Note) Environmental Planning and Assessment Regulation 2021 (clause 205) Explanatory Note: Proposed Planning Agreement Under section 7.4 of the Environmental Planning and Assessment Act 1979