Provision of Development Contributions. The Developer is to make Development Contributions to the Council in accordance with Schedule 1, any other provision of this Deed relating to the making of Development Contributions and otherwise to the satisfaction of the Council.
Provision of Development Contributions. 9.1 The Developer is to pay the following monetary Development Contributions to the Council indexed from the date this Deed commences until the date of payment in accordance with increases in the CPI:
9.1.1 $551.00 per Dwelling for public library purposes, and
9.1.2 $1,955.00 per Dwelling for public indoor recreation purposes, and
9.1.3 $2,340.00 per Dwelling for active public recreation purposes,
9.2 The contributions payable under clause 9.1 are to be paid before the issuing of the first Construction Certificate for the Development.
9.3 If the Development Consent is modified to allow for additional Dwellings after the issuing of the first Construction Certificate for the Development, the Developer is to pay monetary Development Contributions to the Council for the additional Dwellings not later than 7 days after the Development Consent has been modified.
9.4 The Developer is taken to have paid the monetary Development Contributions to the Council payable under this clause when the Council has received the full amount payable in cash or by unendorsed bank cheque or by the deposit by means of electronic funds transfer of cleared funds into a bank account nominated by the Council.
9.5 The Council is to apply each Development Contribution made by the Developer under this Deed towards the purpose for which it is made and otherwise in accordance with this Deed.
Provision of Development Contributions. 10.1 The Developer is to dedicate the Basin 3 and Channel 1 Land to the Council in accordance with the provisions of this Deed relating to the making of Development Contributions and otherwise to the satisfaction of the Council.
10.2 The Basin 3 and Channel 1 Land Value specified in this Deed in relation to the Basin 3 and Channel 1 Land does not serve to define the extent of the Developer’s obligation to make the Development Contribution.
10.3 The Council is to apply each Development Contribution made by the Developer under this Deed towards the public purpose for which it is made and otherwise in accordance with this Deed.
Provision of Development Contributions. (a) The Parties acknowledge and agree that the Developer’s obligation to make Development Contributions under this Agreement only arises in connection with carrying out the Development.
(b) Subject to the terms and conditions of this Agreement, the Developer must make Development Contributions to Council in accordance with clause 4 and Schedule 3.
(c) Council agrees that the Developer will be entitled to credits as a result of making Development Contributions to Council, in accordance with Schedule 3.
Provision of Development Contributions. The Developer will for the purpose of providing amenities or services to the public at its risk and expense carry out and deliver the Development Contributions in accordance with this Agreement.
Provision of Development Contributions.
9.1 The Developer is to make Development Contributions to the Council in accordance with this Agreement and otherwise to the satisfaction of the Council acting reasonably.
9.2 Schedule 3 has effect in relation to Development Contributions to be made by the Developer under this Agreement.
9.3 A Contribution Value specified in relation to an obligation by the Developer to carry out Work or dedicate Land under this Agreement does not define or limit the extent of the Developer's obligation in that regard.
9.4 If the cost incurred by the Developer to properly perform an obligation to carry out Work or dedicate land is less than a Contribution Value specified in relation to the obligation, the Developer is not required to carry out further Work or dedicate further land or pay money to the Council to make up the difference between the Contribution Value and the cost incurred by the Developer in performing the obligation.
9.5 The Council will use its best endeavours to apply each Development Contribution made by the Developer under this Agreement towards the public purpose for which it is made and otherwise in accordance with this Agreement.
Provision of Development Contributions. The Landowners are to dedicate the Road Land to the Council in accordance with the provisions of this Deed relating to the making of Development Contributions and otherwise to the satisfaction of the Council.
Provision of Development Contributions. The Developer is to pay monetary Development Contributions in the amount of $29,000.00 to the Council in accordance with this Deed to be used and applied by the Council for the provision of recreational public open space and facilities in the vicinity of the Development.
Provision of Development Contributions. (a) The Developer is under no obligation to make the Development Contributions to Council as provided in this Agreement unless and until both of the following matters have occurred in sequence:
(i) the Development Application is approved subject to a condition of Development Consent imposed under section 93I(3) of the Act requiring the Agreement to be entered into; and
(ii) the Agreement is entered into as required by clause 25C(1) of the Regulation.
(b) Council must notify the Developer immediately after Council executes this Agreement and promptly provide the Developer with the Agreement as executed by Council.
(c) The Developer is not to commence or maintain, or cause to be commenced or maintained, any proceedings in the Land and Environment Court involving an appeal against, or questioning the validity of, the Development Consent, or any approval pursuant to section 96 of the Act to modify the Development Consent, only to the extent that it relates to the existence of this Agreement or requires any aspect of this Agreement to be performed according to the terms of this Agreement.
(d) Subject to clause 9, this Agreement will terminate one month after the transfer of the E3 Land to the Council in accordance with schedule 3 of this Agreement.
Provision of Development Contributions. 9.1 The Developer is to make the following Development Contributions to the Council in accordance with this Deed:
(a) dedication of the Dedication Land to the Council free of cost; and
(b) payment to the Council of $207,550.00, indexed in accordance with clause 9.3 as a contribution towards the maintenance and upkeep by the Council of the bio-retention basin and related infrastructure on the Dedication Land.
9.2 The Dedication Land is to be dedicated to Council within 14 days of completion of the Bio-Retention Basin and before any Subdivision Certificate that creates a Final Lot in the Development the subject of a Development Consent to the Subdivision DA is issued.
9.3 The monetary Development Contributions required to be paid by the Developer are to be paid prior to the issuing of the first Subdivision Certificate that creates a Final Lot in the Development the subject of a Development Consent to the Subdivision DA.
9.4 The payment referred to in clause 9.1(b) is to be indexed from the date of this Deed until the date of payment in accordance with CPI.
9.5 The Council will use its best endeavours to apply each Development Contribution made by the Developer under this Deed towards the public purpose for which it is made and otherwise in accordance with this Deed.
10.1 A Development Contribution comprising the dedication of the Dedication Land is made for the purposes of this Deed when:
(a) a deposited plan is registered in the register of plans held with the Registrar General that creates the Dedication Land as a drainage reserve under the Local Government Act 1993 (NSW), or
(b) the Council is given an instrument in registrable form under the Real Property Xxx 0000 that is effective to transfer the title to the Dedication Land to the Council when registered.
10.2 For the purposes of clause 10.1(b):
(a) the Developer is to give the Council, for execution by the Council as transferee, an instrument of transfer under the Real Property Xxx 0000 relating to the Land to be dedicated, and
(b) within 21 days of receiving it from the Developer, the Council is to execute it and return it to the Developer, and
(c) within 7 days of receiving it from the Council (properly executed), the Developer is to lodge it for registration with the Registrar General, and
(d) the Developer is to do all things reasonably necessary to enable it to be registered, and
(e) the Developer is to do all things reasonably necessary to enable the certificate of title for the Land dedicated w...
