Common use of Public Access and Easements Clause in Contracts

Public Access and Easements. (a) The Landowner will, at no cost to Council, register the Public Easement against the relevant title to the Land. (b) The obligation to register the Public Easement required by clause 6.2(a) will be taken to have been satisfied when a copy of a Certificate of Title issued by NSW Land Registry Services showing the Public Easement burdening the relevant Land is provided to Council. (c) The Public Easement required by clause 6.2(a) must be registered on the relevant title of the Land prior to the issue of the first Occupation Certificate for the Development or any part of the Development. (d) The parties agree and acknowledge that the Public Easement required by clause 6.2(a) will serve the public purpose of enhancing accessibility within the Parramatta CBD and public transport facilities. (e) The Landowner acknowledges and agrees that: (i) no buildings or structures are to be erected on the Easement Land, other than structures approved by Council (acting reasonably) for the purposes of enhancing or embellishing the public domain area on the Easement Land and other than temporary structures during construction of the Development; (ii) Council may require, under any Development Consent, works to construct a public domain area, erect structures or enhance the Easement Land to meet Council’s reasonable standards and specifications for public domain areas; (iii) the Landowner will not object to a requirement to carry out works in accordance with clause 6.2(e)(ii), or appeal the imposition of any condition of Development Consent requiring those works; and (iv) the obligations under this clause 6.2 are relevant considerations for the Council or any other consent authority when determining a Development Application or Modification Application relating to the Land and that a failure to comply with those obligations or any inconsistency with the requirements in those clauses may constitute a reason for refusal of such a Development Application or Modification Application.

Public Access and Easements. (a) The Landowner Developer will, at no cost to Council, register the Public Easement against the relevant title to the Land. (b) The obligation to register the Public Easement required by clause 6.2(a) will be taken to have been satisfied when a copy of a Certificate of Title issued by NSW Land Registry Services showing the Public Easement burdening the relevant Land is provided to Council. (c) The Public Easement required by clause 6.2(a) must be registered on the relevant title those parts of the Land prior to comprising the issue of the first Occupation Certificate for the Development or any part of the Development. (d) The parties agree and acknowledge that the Public Easement required by clause 6.2(a) will serve the public purpose of enhancing accessibility within the Parramatta CBD and public transport facilities. (e) The Landowner acknowledges and agrees thatSite: (i) no buildings a covenant prohibiting any building or structures are to be erected on the Easement Landstructures, including pillars, other than structures approved by the Council (acting reasonably) for the purposes of enhancing or embellishing the public domain area areas and as contemplated in the Development, to be constructed on the Easement Site, which covenant is to be limited in height and depth as appropriate for a pedestrian accessway as determined by Council (acting reasonably) and having regard to: (A) the overhang contemplated in the Reference Design; and (B) the outcome of any relevant design excellence competition and development application process; and (ii) an easement in gross in favour of the Council permitting public access and generally in accordance with the Easement Terms burdening the Easement Site. The Easement Site is to be limited in height and depth as appropriate for a pedestrian accessway as determined by Council (acting reasonably) and having regard to: (A) the overhang contemplated in the Reference Design; and (B) the outcome of any relevant design excellence competition and development application process. (b) Any requirement to register an easement, covenant or other instrument against the title to the Land and other than temporary structures during construction will be satisfied when the Developer provides to the Council a copy of the relevant title search showing the registration of the instrument. (c) The covenant required under clause 8.4(a)(i) must be registered prior to the issue of a Construction Certificate for the Development. (d) The easement required under clause 8.4(a)(ii) must be registered prior to the issue of an Occupation Certificate for any building on the Land forming part of the Development. (e) The parties agree that the proposed covenant and easement under this clause will serve the following public purposes: (i) to increase the amount of and improve existing public open space areas in the vicinity of the Land; (ii) Council may require, under any Development Consent, works to construct a improve pedestrian circulation and the amenity of the public domain area, erect structures or enhance in the Easement Land to meet Council’s reasonable standards and specifications for public domain areas;vicinity of the Land. (iiif) the Landowner will not object to a requirement to carry out works in accordance with clause 6.2(e)(ii), or appeal the imposition of any condition of Development Consent requiring those works; and (iv) The Developer agrees and acknowledges that the obligations under this clause 6.2 8.4 are relevant considerations for the Council or any other consent authority when determining a Development Application or Modification Application relating to the Land and that a failure to comply with those obligations or any inconsistency with the requirements in those clauses may constitute a reason for refusal of such a Development Application or Modification Application.

Public Access and Easements. (a) The Landowner Developer Parties will, at no cost to Council, register the Public Easement against the relevant title to the Land. (b) The obligation to register the Public Easement required by clause 6.2(a) will be taken to have been satisfied when : a copy of a Certificate of Title issued by NSW Land Registry Services showing the Public Easement burdening the relevant Land is provided to Council. (c) The Public Easement required by clause 6.2(a) must be registered on the relevant title of the Land prior to the issue of the first Occupation Certificate for the Development covenant prohibiting any building or any part of the Development. (d) The parties agree and acknowledge that the Public Easement required by clause 6.2(a) will serve the public purpose of enhancing accessibility within the Parramatta CBD and public transport facilities. (e) The Landowner acknowledges and agrees that: (i) no buildings or structures are to be erected on the Easement Landstructures, including pillars, other than structures approved by the Council (acting reasonably) for the purposes of enhancing or embellishing the public domain area areas, to be constructed on the Setback Area; and an easement in gross burdening that part of the Land on which the Setback Area is located in favour of the Council to permit public access to the Setback Area generally in accordance with the Easement Terms. (b) Any requirement to register an easement, covenant or other instrument on the title to the Land and other than temporary structures during construction will be satisfied when the Developer Parties provide to the Council a copy of the relevant title search showing the registration of the instrument. (c) Any covenant required under clause 6.2(a)(i) must be registered prior to the issue of the first Construction Certificate for any building on the Land forming part of the Development;. (iid) Any easement required under clause 6.2(a)(ii) must be registered prior to the issue of an Occupation Certificate for any building on the Land forming part of the Development. (e) The parties agree that the proposed covenant and easement under this clause will serve the public purposes of improving pedestrian circulation and amenity in the vicinity of the Land. (f) The Developer Parties agree and acknowledge that: Council may require, under any Development Consent, the person with the benefit of the Development Consent to conduct works to construct a public domain area, to erect structures or enhance the Easement Land Setback Area to meet Council’s reasonable standards and specifications for public domain areas; (iii) ; and the Landowner will not object to a requirement to carry out works in accordance with clause 6.2(e)(ii6.2(f)(i), or appeal the imposition of any condition of Development Consent requiring those works; and (iv) and the obligations under this clause 6.2 are relevant considerations for the Council or any other consent authority when determining a Development Application or Modification Application relating to the Land and that a failure to comply with those obligations or any inconsistency with the requirements in those clauses may constitute a reason for refusal of such a Development Application or Modification Application. (g) The Council will not unnecessarily disrupt the design of the Development and will work with the Developer Parties in good faith to agree on a design for the Setback Area that has regard to the aesthetics of the Development, provided that the design is consistent with Council’s standards and specifications for public domain areas. 7 Application of s 7.11, s 7.12 and s 7.24 of the Act (a) This agreement does not exclude the application of section 7.11 of the Act to the Development. (b) This agreement does not exclude the application of section 7.12 of the Act to the Development. (c) This agreement does not exclude the application of section 7.24 of the Act to the Development.

Public Access and Easements. (a) The Landowner will, at no cost to Council, register the Public Easement against the relevant title to the Land. (b) The obligation to register the Public Easement required by clause 6.2(a) will be taken to have been satisfied when a copy of a Certificate of Title issued by NSW Land Registry Services showing the Public Easement burdening the relevant Land is provided to Council. (c) The Public Easement required by clause 6.2(a) must be registered on the relevant title of the Land prior to the issue of the first Occupation Certificate for the Development or any part of the Development. (d) The parties agree and acknowledge that the Public Easement required by clause 6.2(a) will serve the public purpose of enhancing accessibility within the Parramatta CBD and public transport facilities. (e) The Landowner acknowledges and agrees that: (i) no buildings a covenant prohibiting any building or structures are to be erected on the Easement Landstructures, including pillars, other than structures approved by the Council (acting reasonably) for the purposes of enhancing or embellishing the public domain area on the Easement Land and other than areas or temporary structures during required for the construction of the Development that will be removed prior to the issue of an Occupation Certificate for any part of the Development;, to be constructed on the Setback Area; and (ii) an easement in gross burdening that part of the Land on which the Setback Area is located in favour of the Council permitting public access to the Setback Area and generally in accordance with the Easement Terms. (b) Any requirement to register an easement, covenant or other instrument against the title to the Land will be satisfied when the Landowner provides to the Council a copy of the relevant title search showing the registration of the instrument. (c) Any covenant required under clause 6.2(a) must be registered prior to the issue of the first Construction Certificate for any building on the Land forming part of the Development. (d) Any easement, required under clause 6.2(a) must be registered prior to the issue of an Occupation Certificate for any building on the Land forming part of the Development. (e) The parties agree that the proposed covenant and easement under this clause will serve the public purposes of improving pedestrian circulation and amenity in the vicinity of the Land. (f) The Landowner agrees and acknowledges that: (i) Council may require, under any Development Consent, works to construct a public domain area, erect structures or enhance the Easement Land Setback Area to meet Council’s reasonable standards and specifications for public domain areas;; and (iiiii) the Landowner will not object to a requirement to carry out works in accordance with clause 6.2(e)(ii6.2(f)(i), or appeal the imposition of any condition of Development Consent requiring those works; and (iviii) the obligations under this clause 6.2 are relevant considerations for the Council or any other consent authority when determining a Development Application or Modification Application relating to the Land and that a failure to comply with those obligations or any inconsistency with the requirements in those clauses may constitute a reason for refusal of such a Development Application or Modification Application.