Registration of this Agreement. 8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act. 8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act. 8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from: (a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or (b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land. 8.4 As soon as possible and in any event, within 30 business days of entering into this Agreement, the Developer will at its cost arrange and lodge this Agreement for registration upon the title to the Land under s7.6 of the Act and will: (a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3; (b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct; (c) subject to the Council providing to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and (d) take any other necessary action so as to ensure this Agreement can be lodged for registration on the title to the Land. 8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General. 8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General. 8.7 Upon delivery of the Development Contribution in full, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal. 8.8 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants Developers warrant that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants Developers warrant that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business Within 14 days of entering into this AgreementAgreement and prior to the issue of any Construction Certificate that relates to any building work, other than demolition, excavation, piling, shoring and ancillary work for construction purposes including site hoardings and temporary site sheds that relates to works contained in DA-152/2021/B, the Developer Developers will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(c) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the Land.Land prior to the issue of any Construction Certificate that relates to any building work, other than demolition, excavation, piling, shoring and ancillary work for construction purposes including site hoardings and temporary site sheds that relates to works contained in DA-152/2021/B.
8.5 Upon compliance with clause 8.4 by the Developer Developers, the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullContribution, the Developer Developers may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays Developers pay all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution occur upon the date of this Agreement and prior to issue of a Construction Certificate that relates to any building work, other than demolition, excavation, piling, shoring and ancillary work for construction purposes including site hoardings and temporary site sheds that relates to works contained in DA-152/2021/B, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this that in the event the Development Contribution is not paid by the Development Contribution Date or otherwise at the request of Council, the Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 If registration is to be effected pursuant to clause 8.1:
(a) The Developer warrants that they have done it will do everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 (b) Without limiting clause 8.28.2(a), the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(ai) If if this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(bii) If if this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days of entering into this Agreement, the (c) The Developer will at its cost promptly arrange and lodge effect registration of this Agreement for registration under s7.6 of the Act upon the title to the Land under s7.6 of the Act and will:
(ai) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.38.2(b);
(bii) lodge or cause to be lodged the title deed with NSW Land Registry Services and advise Council of the production number;
(iii) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(civ) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(dv) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 (d) Upon compliance with clause 8.4 8.2(c) by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 (e) The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 (f) Upon delivery payment of the Development Contribution in fullContribution, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 8.3 Should payment of the Development Contribution occur upon the date of this Agreement and before the Development Contribution Date, then there will be no obligation to register this Agreement in accordance with this clause.
8.4 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act, including but not limited to any Mortgagee; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days Prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its cost arrange and lodge do all things necessary to ensure registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act at their cost and will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner Developer as Owner of the Land Land, any Mortgagee and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to b e lodged the title deed with NSW Land Registry Services (formerly Land & Property Information NSW) and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW Services for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent as at the date of surrender and prior to any Construction Certificate, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur on the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner Owner of the Land from time to time as if each owner Owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement. 9.1 The Developer represents and warrants that it is the owner of the Site.
8.1 The Parties agree this Agreement is to be registered 9.2 As contemplated by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained agrees to lodge this agreement with the express written consent to the LPI for registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900in the relevant folio of the Register no later than 10 business days after Council provides an executed copy of this agreement to the Developer.
9.3 The Developer, at its own expense, will take all practical steps and otherwise do anything to procure:
a) the consent of each person who who:
(i) has an estate or interest in the Land Site registered under that the Real Property Act; or
(bii) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of or an estate or interest in the LandSite; and
b) the execution of any documents; and
c) the production of the relevant certificates of title; and
d) the lodgement and registration of this agreement, by the Registrar-General in the relevant folio of the Register.
8.4 As soon as possible 9.4 The Developer will provide Council with a copy of the relevant folios of the Register and a copy of the registered dealing referable to this agreement within 10 business days, or other agreed time, of registration of this agreement in any event, within 30 business days of entering into accordance with this Agreement, clause 9.
9.5 Council agrees to do all things reasonably required by the Developer will at its cost arrange to release and lodge discharge this Agreement for registration agreement with respect to any part of the Site upon the title to Developer satisfying all of its obligations under this agreement in respect of that part of the Land Site.
9.6 The Developer acknowledges that Council may, in its absolute discretion, make a notation under s7.6 section 10.7 of the Act and will:
(a) deliver about the agreement on any certificate issued under section 10.7 of the Act relating to the Site. Voluntary Planning Agreement Midcoast Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry ServicesGloucester River Run Pty Ltd & Xxxxx & Xxxxxxx Xxxxxxx 0000 Xxx Xxxxxxxx Xxx Xxxxx, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(c) subject to the Council providing to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration on the title to the Land.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery of the Development Contribution in full, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.Xxxxxxxxxx DRAFT 8 June 2018
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any event, within 30 business days event prior to the issue of entering into this Agreementany Construction Certificate for the Development, the Developer will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW the Council for the registration fees (including XXXX fees) for registration of this Agreement, or deliver funds electronically as Council may direct;
(c) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removalremoval and will promptly provide its consent, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 . The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 . Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) : If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act, including but not limited to the Owners of the land and Mortgagee; or
(b) or If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 . As soon as possible after entering into this Agreement and in any event, within 30 business days event prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its cost arrange and lodge do all things necessary to ensure registration of this Agreement for registration under 7.6 upon the title to the Land under s7.6 of the Act at their cost and will:
(a) : deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
; lodge or cause to be lodged the title deed with NSW Land Registry Services (bformerly Land & Property Information NSW) and advise Council of the production number; provide the Council with a cheque in favour of NSW Land Registry Services, NSW Services for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(c) subject to ; and provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) . and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the Land.
8.5 Land prior to the issue of any Construction Certificate. Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 . The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 . Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent as at the date of surrender and prior to any Construction Certificate, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 . Should payment of the Development Contribution or surrender of the Development Consent occur on the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause. Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner owners of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business Within 14 days of entering into this AgreementAgreement and in any event prior to the issue of any Construction Certificate for the Development, the Developer will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) produce or cause to be produced the title deed with NSW Land Registry Services and advise Council of the production number or provide a copy of the CoRD Holder Consent as may be applicable;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(de) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any event, within 30 business event no later than 14 days of entering after the entry into this AgreementAgreement and prior to the issue of any Construction Certificate for the Development which permits building works other than demolition, excavation, piling, shoring and ancillary work for construction purposes including site hoardings and temporary site sheds that relates to works contained in DA- 304/2022/A, the Developer will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 of the Act upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW the Council for the registration fees (including XXXX fees) for registration of this Agreement, or deliver funds electronically as Council may direct;
(c) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 93H of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 93H of the Act.
8.3 Council will use its best endeavours to, within 5 business days of receipt, execute and return to the Developer any/all forms required by Land and Property Information NSW for the purpose of registering the Agreement.
8.4 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon 8.5 Prior to the issue of a Construction Certificate that relates to any building work, other than demolition, excavation, piling, shoring and associated works including any above ground structural support for retained heritage buildings, as possible contained in DA-585/2015/A and in any event, within 30 business days of entering into this AgreementDA- 585/2015/B, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under s93H of the Act upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to be lodged the title deed with LPI and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services& Property Information, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration on the title is provided to the LandCouncil in registrable form.
8.5 8.6 Upon compliance with clause 8.4 and 8.5 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 8.7 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 8.8 Upon delivery payment of the Development Contribution or surrender of the Development Consent as modified as at the date of surrender and prior to any Construction Certificate, that relates to any building work, other than demolition, excavation, piling, shoring and associated works including any above ground structural support for retained heritage buildings, as contained in full, DA-585/2015/A and DA-585/2015/B the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 8.9 Should payment of the Development Contribution or surrender of the Development Consent as modified occur on or before the date of this Agreement and prior to issue of a Construction Certificate that relates to any building work, other than demolition, excavation, piling, shoring and associated works including any above ground structural support for retained heritage buildings, as contained in DA-585/2015/A and DA- 585/2015/B, then there will be no obligation to register this Agreement in accordance with this clause.
8.10 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-Registrar General as provided for in section 7.6 Section 93H of the Act.
8.2 The Developer warrants that they have done it will do everything necessary to enable this Agreement to be registered under section 7.6 Section 93H of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained it will obtain the express written consent to the registration of this Agreement under section 7.6 Section 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in Prior to the issue of any event, within 30 business days of entering into this AgreementConstruction Certificate, the Developer will at its cost arrange and lodge this Agreement for registration upon the title to the Land under s7.6 of the Act and willarrange:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to lodged the title deed with LPI and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services& Property Information, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of a Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur on or before the date of this Agreement and prior to issue of any Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is Developer further covenants with the Council:
(a) that prior to be registered by the Registrar-General issue of any Construction Certificate for the Development, or within such further time as provided for in section 7.6 of the Act.
8.2 The Developer warrants that parties hereto agree, they have done everything shall do all things reasonably necessary to enable this Agreement to be registered under section 7.6 of obtain the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days of entering into this Agreement, the Developer will at its cost arrange and lodge this Agreement for registration upon over the title to the Land under s7.6 pursuant to section 93H of the Act and will:
(a) deliver to from all persons who have an interest in the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3Land;
(b) provide that forthwith after receiving the Council with a cheque consents specified in favour subclause (a) hereof they shall cause this Planning Agreement to be registered on the title of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may directLand;
(c) subject to the Council providing to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of that if this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Planning Agreement can be lodged for registration is not registered on the title to the Land., and if the Developer should propose to sell the Land or any part thereof then it shall:
8.5 Upon compliance (i) within seven (7) days of listing the Land or any part thereof for sale, either through an agent or privately, notify the Council of such intention;
(ii) as a condition of any sale, require that the incoming purchaser enter into with clause 8.4 Council a like agreement to this present Agreement in which substantially the same covenants as set out herein shall apply;
(iii) within seven (7) days of exchange of contracts for the sale, notify the Council of the sale and provide the Council with a copy of the contract;
(iv) within twenty one (21) days of receipt from the Council of a replacement agreement between the Council and the purchaser substantially in the form of this Agreement, have it executed by the Developer purchaser and return it to the Council will promptly lodge the Registration Application with the Registrar General.Council;
8.6 The Parties will co-operate with each other to ensure (v) that the if this Agreement is not registered by the Registrar General.
8.7 Upon delivery of the Development Contribution in full, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from on the title to the Land. The Council will not withhold its consent to such removal, provided and if the Developer pays all reasonable costsshould propose otherwise than by sale to transfer or assign its interest in the Land or any part thereof to a transferee or assignee, expenses and fees of then it shall before effecting such assignment or transfer have the incoming transferee or assignee enter into an agreement with the Council relating substantially in the form of this Planning Agreement insofar as concerns the interest assigned or transferred and shall provide same to such removalthe Council.
8.8 Upon 8.2 The Developer further covenants and agrees with the Council that pending the registration of this Planning Agreement by on the Registrar General, this Agreement is binding on, and is enforceable against the owner title of the Land from time as required by clause 8.1, the Council shall be entitled to time as if each owner for register a caveat at Land & Property Information over the time being had entered into title to the Land to protect its interest therein pursuant to this Planning Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business Within 14 days of entering into this AgreementAgreement and in any event prior to the issue of any Construction Certificate for the Development, the Developer will at its their cost arrange and lodge effect registration of this Agreement for registration under section 7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW the Council for the registration fees (including XXXX fees) for registration of this Agreement, or deliver funds electronically as Council may direct;
(c) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement. (a) The Developer agrees to procure the registration of this agreement under the Real Property Act 1900 (NSW) in the relevant folios of the Register for the Land in accordance with section 7.6 of the Act, excluding:
8.1 i. any current and proposed Residential Lots, including but not limited to the lots shaded 0704 & DA20 0200 on the plan at Annexure H; and
ii. part of the Land which, at the date of this agreement, was located in Lot 2 VPA on Lot 2 on the Plan showing the Land at Annexure A.
(b) The Parties agree Developer, at its own expense, must:
i. procure the lodgement of this Agreement is to be registered agreement with the Registrar-General as soon as reasonably practicable after this agreement comes into operation, but in any event, no later than 10 Business Days after that date;
ii. procure the registration of this agreement by the Registrar-General as provided for in section 7.6 the relevant folios of the Act.Register for the Land (subject to cl 8.2(a)) as soon as reasonably practicable after this agreement is lodged for registration; and
8.2 The Developer warrants iii. provide documentary evidence that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 agreement has been completed to Council within 5 Business Days of receiving confirmation that the Act from:registration has occurred.
(ac) If The Developer warrants that, as at the date of this Agreement relates to land under agreement, it has obtained the Real Property Act 1900, consent of each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who 1900 (NSW) (excluding owners of any lot which is part of the Land shaded DA19 0704 & DA20 0200 on Annexure H) or is seized or in possessed of an estate or interest in the LandLand to the registration of this agreement on title.
8.4 As soon as possible and in any event(d) The Developer, within 30 business days of entering into this Agreement, the Developer will at its cost arrange own expense will, promptly after the execution of this agreement, take all practical steps, and lodge otherwise do anything that the Council reasonably requires to procure:
i. An acceptance of the terms of this Agreement for registration upon the title agreement and an acknowledgement in writing from any existing mortgagee in relation to the Land under s7.6 of that the Act and will:
(a) deliver mortgagee will adhere to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(c) subject to the Council providing to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically agreement if it takes possession of the Land as Council may directmortgagee in possession,
ii. The execution of any documents; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration on the title to the Land.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 iii. The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery production of the Development Contribution in fullrelevant duplicate certificates of title or electronic equivalents, to enable the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Upon registration of this Agreement by agreement in accordance with clause 8.2ii.
(e) Council agrees to do all things necessary to allow the Registrar General, Developer to procure the registration of this Agreement is binding on, and is enforceable against agreement under the owner Real Property Act 1900 (NSW) in the relevant folios of the Land from time to time as if each owner Register for the time being had entered into this AgreementLand in accordance with section 7.6 of the Act.
Appears in 1 contract
Samples: Voluntary Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is Developer covenants with Council:
(a) that prior to be registered by the Registrar-General issue of any Construction Certificate for the Development, or within such further time as provided for in section 7.6 of the Act.
8.2 The Developer warrants that parties hereto agree, they have done everything shall do all things reasonably necessary to enable this Agreement to be registered under section 7.6 of obtain the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days of entering into this Agreement, the Developer will at its cost arrange and lodge this Agreement for registration upon over the title to the Land under s7.6 pursuant to Section 7.6 of the Act and will:
(a) deliver to from all persons who have an interest in the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3Land;
(b) provide that forthwith after receiving the Council with a cheque consents specified in favour subclause (a) hereof they shall cause this Agreement to be registered on the title of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may directLand;
(c) subject to the Council providing to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure that if this Agreement can be lodged for registration is not registered on the title to the Land., and if the Developer should propose to sell the Land or any part thereof then it shall:
8.5 Upon compliance (i) within seven days of listing the Land or any part thereof for sale, either through an agent or privately, notify Council of such intention;
(ii) as a condition of any sale, require that the incoming purchaser enter into with clause 8.4 Council a like agreement to this present Agreement in which substantially the same covenants as set out herein shall apply;
(iii) within seven days of exchange of contracts, notify Council of the sale and provide Council with a copy of the contract;
(iv) within 21 days of receipt from Council of a replacement agreement between Council and the purchaser substantially in the form of this Agreement, have it executed by the Developer the Council will promptly lodge the Registration Application with the Registrar General.purchaser and return it to Council;
8.6 The Parties will co-operate with each other to ensure (v) that the if this Agreement is not registered by the Registrar General.
8.7 Upon delivery of the Development Contribution in full, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from on the title to the Land. The Council will not withhold its consent to such removal, provided and if the Developer pays all reasonable costsshould propose otherwise than by sale to transfer or assign its interest in the Land or any part thereof to a transferee or assignee, expenses then it shall before effecting such assignment or transfer have the incoming transferee or assignee enter into an agreement with Council substantially in the form of this Agreement insofar as concerns the interest assigned or transferred and fees of the Council relating shall provide same to such removalCouncil.
8.8 Upon 8.2 The Developer further covenants and agrees with Council that pending the registration of this Agreement by on the Registrar General, this Agreement is binding on, and is enforceable against the owner title of the Land from time as permitted by clause 8.1, Council shall be entitled to time as if each owner for register a caveat at Land and Property Management Authority over the time being had entered into title to the Land to protect its interest therein pursuant to this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-Registrar General as provided for in section 7.6 93H of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 93H of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days Prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under s93H upon the title to the Land under s7.6 and as soon as possible following execution of the Act and willthis Agreement:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to be lodged the title deed with LPI and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services& Property Information, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of a Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur on or before the date of this Agreement, then there will be no obligation to register this Agreement in accordance with this clause.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is Owner/Developer further covenants with the Council:
(a) that prior to be registered by the Registrar-General issue of any Construction Certificate for the Development, or within such further time as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything parties hereto agree, it shall do all things reasonably necessary to enable this Agreement to be registered under section 7.6 of obtain the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under over the title to the Land pursuant to section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person from all persons who has have an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days of entering into this Agreement, the Developer will at its cost arrange and lodge this Agreement for registration upon the title to the Land under s7.6 of the Act and will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide that forthwith after receiving the Council with a cheque consents specified in favour subclause (a) hereof it shall cause this Agreement to be registered on the title of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may directLand;
(c) subject to the Council providing to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure that if this Agreement can be lodged for registration is not registered on the title to the Land., and if the Owner/Developer should propose to sell the Land or any part thereof then it shall:
8.5 Upon compliance (i) within seven (7) days of listing the Land or any part thereof for sale, either through an agent or privately, notify the Council of such intention;
(ii) as a condition of any sale, require that the incoming purchaser enter into with clause 8.4 Council a like agreement to this present Agreement in which substantially the same covenants as set out herein shall apply;
(iii) within seven (7) days of exchange of contracts for the sale, notify the Council of the sale and provide the Council with a copy of the contract;
(iv) within twenty one (21) days of receipt from the Council of a replacement agreement between the Council and the purchaser substantially in the form of this Agreement, have it executed by the Developer purchaser and return it to the Council will promptly lodge the Registration Application with the Registrar General.Council;
8.6 The Parties will co-operate with each other to ensure (d) that the if this Agreement is not registered by the Registrar General.
8.7 Upon delivery of the Development Contribution in full, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from on the title to the Land. The Council will not withhold , and if the Owner/Developer should propose otherwise than by sale to transfer or assign its consent interest in the Land or any part thereof to a transferee or assignee, then it shall before effecting such removal, provided assignment or transfer have the Developer pays all reasonable costs, expenses and fees of incoming transferee or assignee enter into an agreement with the Council relating substantially in the form of this Agreement insofar as concerns the interest assigned or transferred and shall provide same to such removalthe Council.
8.8 Upon 8.2 The Owner/Developer further covenants and agrees with the Council that pending the registration of this Agreement by on the Registrar General, this Agreement is binding on, and is enforceable against the owner title of the Land from time as required by clause 8.1, the Council shall be entitled to time as if each owner for register a caveat at Land & Property Information over the time being had entered into title to the Land to protect its interest therein pursuant to this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 93H of the Act.
8.2 The Developer warrants that they have it has done everything necessary at the date of entering into this agreement to enable this Agreement to be registered under section 7.6 93H of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any eventevent prior to the issue of a Construction Certificate that relates to any building work, within 30 business days of entering into other than demolition, excavation, piling, shoring and ancillary works for construction purposes including site hoardings and temporary site sheds relating to this AgreementDevelopment Consent, the Developer will at its cost arrange and lodge do all things necessary to ensure registration of this Agreement for registration under s93H upon the title to the Land under s7.6 of at their cost and as soon as possible. To this end, the Act and Developer will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(c) subject to the Council providing to the Developer a tax invoice for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(dc) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon receipt of the Registration Application, provided such application is in order Council is to execute the document and return to the Developer within 14 days.
8.6 Upon compliance with clause 8.4 and execution of the Registration Application by the Council, the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 8.7 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 8.8 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent as at the date of surrender and prior to any Construction Certificate, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal. Council will act promptly in response to any request to remove the dealing and within 14 days of such a request being submitted in writing.
8.8 8.9 Should payment of the Development Contribution or surrender of the Development Consent occur on the date of this Agreement or within 7 days of its execution and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause.
8.10 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 9.1 The Parties agree this Agreement Deed is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 9.2 The Developer warrants that they have done everything necessary to enable this Agreement Deed to be registered under section 7.6 of the Act.
8.3 9.3 Without limiting clause 8.29.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement Deed under section 7.6 of the Act from:
(a) If this Agreement Deed relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement Deed relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible 9.4 Upon entering into this Deed and in any event, within 30 business days event prior to the issue of entering into this Agreementthe first Construction Certificate for the Development, the Developer will at its their cost arrange and lodge effect registration of this Agreement for registration Deed under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.39.3;
(b) produce or cause to be produced the title deed with NSW Land Registry Services and advise Council of the production number or provide a copy of the CoRD Holder Consent as may be applicable;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW Services for the registration fees for registration of this AgreementDeed, or deliver funds electronically as Council may direct;
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Deed and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may directDeed; and
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration Deed is registered on the title to the LandLand prior to the issue of the first Construction Certificate for the Development.
8.5 9.5 Upon compliance with clause 8.4 9.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 9.6 The Parties will co-operate with each other to ensure that the Agreement this Deed is registered by the Registrar General.
8.7 9.7 Upon full delivery of the Development Contribution in fullContributions and fulfillment of the Developers obligations under this Deed, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement Deed from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 9.8 Upon registration of this Agreement Deed by the Registrar General, this Agreement Deed is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this AgreementDeed.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-Registrar General as provided for in section 7.6 Section 93H of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 Section 93H of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 Section 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in Prior to the issue of any event, within 30 business days of entering into this AgreementOccupation Certificate, the Developer will at its cost arrange and lodge this Agreement for registration upon the title to the Land under s7.6 of the Act and willarrange:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to lodged the title deed with LPI and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services& Property Information, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of an Occupation Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur on or before the date of this Agreement and prior to issue of any Occupation Certificate, then there will be no obligation to register this Agreement in accordance with this clause.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 (a) The Developer Parties agree to procure the registration of this Agreement is to be registered by agreement under the Registrar-General as provided Real Property Xxx 0000 (NSW) in the relevant folios of the Register for Xxx 00 XX 00000000 and the common property of SP8700 in accordance with section 7.6 of the Act.
8.2 (b) The Developer warrants Parties, at their own expense, must:
(i) procure the lodgement of this agreement with the Registrar-General as soon as reasonably practicable after this agreement comes into operation, but in any event, no later than 10 Business Days after that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.date;
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to (ii) procure the registration of this Agreement under section 7.6 agreement by the Registrar-General in the relevant folios of the Act fromRegister for Xxx 00 XX 00000000 and the common property of SP8700 as soon as reasonably practicable after this agreement is lodged for registration; and
(iii) provide documentary evidence that the registration of this agreement has been completed to Council within 5 Business Days of receiving confirmation that the registration has occurred.
(c) The Developer Parties at their own expense will take all practical steps, and otherwise do anything that the Council reasonably requires to procure:
(ai) If this Agreement relates to land under the Real Property Act 1900, consent of each person who who:
(A) has an estate or interest in Xxx 00 XX 00000000 and the Land common property of SP8700 registered under that Actthe Real Property Xxx 0000 (NSW); or
(bB) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in Xxx 00 XX 00000000 and the Landcommon property of SP8700,
(ii) an acceptance of the terms of this agreement and an acknowledgement in writing from any existing mortgagee in relation to the Land that each will consent to the registration of this agreement and be bound by and adhere to the provisions of this agreement as owner of the Land or as mortgagee in possession, as the case may be, in accordance with section 7.6 of the Act,
(iii) the execution of any documents; and
(iv) the production of the relevant duplicate certificates of title or electronic equivalent, to enable the registration of this agreement in accordance with this clause 8.2.
8.4 As soon as possible and in any event, within 30 business days (d) The Lot 10 Owner consents to the registration of entering into this Agreement, agreement against the Developer will at its cost arrange and lodge title to Xxx 00 XX 00000000.
(e) The SP8700 Owners consent to the registration of this Agreement for registration upon agreement against the title to the Land under s7.6 common property of SP8700 and warrant that, as at the Act and will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration date of this Agreementagreement, or deliver funds electronically as Council may direct;
(c) subject the SP8700 Owners have resolved to the Council providing enter into this agreement and consent to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration on agreement being registered against the title to the Landcommon property of SP8700.
8.5 Upon compliance with clause 8.4 by (f) If the Developer strata scheme SP8700 is terminated, this agreement must remain registered on the Council will promptly lodge title created on termination and, if this agreement is removed from the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery of the Development Contribution in fullRegister, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title Parties agree to the Land. The Council will not withhold its consent take all action without delay to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removalhave this agreement registered.
8.8 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Voluntary Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any event, within 30 business days event prior to the issue of entering into this Agreementany Construction Certificate for the Development, the Developer will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) produce or cause to be produced the title deed with NSW Land Registry Services and advise Council of the production number or provide a copy of the CoRD Holder Consent as may be applicable;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(de) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 93H of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 93H of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days Prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under s93H upon the title to the Land under s7.6 and as soon as possible following execution of the Act and willthis Agreement:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to lodged the title deed with LPI and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services& Property Information, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of a Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur on or before the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is Developer further covenants with the Council:
(a) that prior to be registered by the Registrar-General issue of any Construction Certificate for the Development, or within such further time as provided for in section 7.6 of the Act.
8.2 The Developer warrants that parties hereto agree, they have done everything shall do all things reasonably necessary to enable this Agreement to be registered under section 7.6 of obtain the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Planning Agreement under over the title to the Land pursuant to section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person from all persons who has have an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days of entering into this Agreement, the Developer will at its cost arrange and lodge this Agreement for registration upon the title to the Land under s7.6 of the Act and will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide that forthwith after receiving the Council with a cheque consents specified in favour subclause (a) hereof they shall cause this Planning Agreement to be registered on the title of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may directLand;
(c) subject to the Council providing to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure that if this Agreement can be lodged for registration is not registered on the title to the Land., and if the Developer should propose to sell the Land or any part thereof then it shall:
8.5 Upon compliance (i) within seven (7) days of listing the Land or any part thereof for sale, either through an agent or privately, notify the Council of such intention;
(ii) as a condition of any sale, require that the incoming purchaser enter into with clause 8.4 the Council a like agreement to this present Planning Agreement in which substantially the same covenants as set out herein shall apply;
(iii) within seven (7) days of exchange of contracts for the sale, notify the Council of the sale and provide the Council with a copy of the contract;
(iv) within twenty one (21) days of receipt from the Council of a replacement agreement between the Council and the purchaser substantially in the form of this Planning Agreement, have it executed by the Developer purchaser and return it to the Council will promptly lodge the Registration Application with the Registrar General.Council;
8.6 The Parties will co-operate with each other to ensure (v) that the if this Planning Agreement is not registered by the Registrar General.
8.7 Upon delivery of the Development Contribution in full, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from on the title to the Land. The Council will not withhold its consent to such removal, provided and if the Developer pays all reasonable costsshould propose otherwise than by sale to transfer or assign its interest in the Land or any part thereof to a transferee or assignee, expenses and fees of then it shall before effecting such assignment or transfer have the incoming transferee or assignee enter into an agreement with the Council relating substantially in the form of this Planning Agreement insofar as concerns the interest assigned or transferred and shall provide same to such removalthe Council.
8.8 Upon 8.2 The Developer further covenants and agrees with the Council that pending the registration of this Agreement by on the Registrar General, this Agreement is binding on, and is enforceable against the owner title of the Land from time as required by clause 8.1, the Council shall be entitled to time as if each owner for register a caveat at Land & Property Information over the time being had entered into title to the Land to protect its interest therein pursuant to this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any event, within 30 business days event prior to the issue of entering into this Agreementan Occupation Certificate, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to be lodged the title deed with NSW Land Registry Services and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW Services for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Occupation Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullContribution, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution occur upon the date of this Agreement and prior to issue of an Occupation Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any event, within 30 business days event prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to b e lodged the title deed with NSW Land Registry Services and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-Registrar General as provided for in section 7.6 93H of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 93H of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days Prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under s93H upon the title to the Land under s7.6 and as soon as possible following execution of the Act and willthis Agreement:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to lodged the title deed with LPI and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services& Property Information, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of a Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur on or before the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 93H of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 93H of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any event, within 30 business days event prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under s93H upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to b e lodged the title deed with NSW Land Registry Services (formerly Land and Property Information NSW) and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW Services for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent as at the date of surrender and prior to any Construction Certificate, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur on the date of this Agreement or prior registration, then there will be no obligation to register this Agreement in accordance with this clause.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done it will do everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any event, within 30 business days event prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its cost arrange and lodge do all things necessary to ensure registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and at their cost will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to b e lodged the title deed with NSW Land Registry Services and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW Services for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants and Owner warrant that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants and Owner warrant that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If if this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If if this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible practicable after entering into this Agreement and in any event, within 30 business days event prior to the issue of entering into a Construction Certificate for works above ground level (current at the date of this Agreement), the Developer and Owner will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as practicable will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Owner and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to b e lodged the title deed with NSW Land Registry Services and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon Simultaneously with the delivery of the Development Contribution in fullaccordance with clause 5 and Schedule 2, the Developer may request Council must provide a duly executed LRS Request form (or, if required by the LRS, separate Request forms in writing that Council apply respect of each lot in the Development) in registrable form for the removal of the dealing created by registration of the this Agreement from the title tile to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is Proprietor and the Developer each further covenant with the Council:
(a) that prior to be registered by the Registrar-General issue of any Construction Certificate for the Development, or within such further time as provided for in section 7.6 of the Act.
8.2 The Developer warrants that parties hereto agree, they have done everything shall do all things reasonably necessary to enable this Agreement to be registered under section 7.6 of obtain the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under over the title to the Land pursuant to section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person from all persons who has have an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days of entering into this Agreement, the Developer will at its cost arrange and lodge this Agreement for registration upon the title to the Land under s7.6 of the Act and will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide that forthwith after receiving the Council with a cheque consents specified in favour subclause (a) hereof they shall cause this Agreement to be registered on the title of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may directLand;
(c) subject to the Council providing to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure that if this Agreement can be lodged for registration is not registered on the title to the Land., and if the Proprietor should propose to sell the Land or any part thereof then it shall:
8.5 Upon compliance (i) within seven (7) days of listing the Land or any part thereof for sale, either through an agent or privately, notify the Council of such intention;
(ii) as a condition of any sale, require that the incoming purchaser enter into with clause 8.4 Council a like agreement to this present Agreement in which substantially the same covenants as set out herein shall apply;
(iii) within seven (7) days of exchange of contracts, notify the Council of the sale and provide the Council with a copy of the contract;
(iv) within twenty one (21) days of receipt from the Council of a replacement agreement between the Council and the purchaser substantially in the form of this Agreement, have it executed by the Developer purchaser and return it to the Council will promptly lodge the Registration Application with the Registrar General.Council;
8.6 The Parties will co-operate with each other to ensure (v) that the if this Agreement is not registered by the Registrar General.
8.7 Upon delivery of the Development Contribution in full, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from on the title to the Land. , and if the Proprietor should propose otherwise than by sale to transfer or assign its interest in the Land or any part thereof to a transferee or assignee, then it shall before effecting such assignment or transfer have the incoming transferee or assignee enter into an agreement with the Council substantially in the form of this Agreement insofar as concerns the interest assigned or transferred and shall provide same to the Council.
8.2 The Council will not withhold its consent to such removal, provided Proprietor and the Developer pays all reasonable costs, expenses further covenant and fees of agree with the Council relating to such removal.
8.8 Upon that pending the registration of this Agreement by on the Registrar General, this Agreement is binding on, and is enforceable against the owner title of the Land from time as required by clause 8.1, the Council shall be entitled to time as if each owner for register a caveat at Land & Property Management Authority over the time being had entered into title to the Land to protect its interest therein pursuant to this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-Registrar General as provided for in section 7.6 93H of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 93H of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days of after entering into this Agreement, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under s93H upon the title to the Land under s7.6 and as soon as possible following execution of the Act and willthis Agreement:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to lodged the title Agreement with LPI and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services& Property Information, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of a Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Modified Development Consent occur on or before the date of this Agreement, then there will be no obligation to register this Agreement in accordance with this clause.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-Registrar General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in Prior to the issue of any event, within 30 business days of entering into this AgreementConstruction Certificate, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under 7.6 upon the title to the Land under s7.6 and as soon as possible following execution of the Act and willthis Agreement:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to be lodged the title deed with NSW Land Registry Services and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW Services for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(de) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur on or before the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done it will do everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any eventevent prior to the issue of any Construction Certificate for the Development that relates to any building work, within 30 business days of entering into this Agreementother than demolition, excavation, piling, shoring and ancillary works for construction purposes including site hoardings and temporary site sheds that relates to works contained in DA-187/2020, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) produce or cause to be produced the title deed with NSW Land Registry Services and advise Council of the production number or provide a copy of the CoRD Holder Consent as may be applicable;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW Services for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate for the Development that relates to any building work, other than demolition, excavation, piling, shoring and ancillary works for construction purposes including site hoardings and temporary site sheds that relates to works contained in DA-187/2020.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of any Construction Certificate for the Development, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business Within 14 days of entering into this AgreementAgreement and in any event prior to the issue of any Construction Certificate that relates to any building work, other than demolition, excavation, piling, shoring and ancillary works for construction purposes including site hoardings and temporary site sheds that relates to works contained in DA-210/2023, the Developer will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this AgreementNSW, or deliver funds electronically as Council may direct, for registration fees for registration of this Agreement;
(c) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council, or deliver funds electronically as Council may direct, for its Council’s reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate that relates to any building work, other than demolition, excavation, piling, shoring and ancillary works for construction purposes including site hoardings and temporary site sheds that relates to works contained in DA-210/2023.
8.5 Upon compliance with clause 8.4 by the Developer Developer, the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullContribution, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 (a) The Developer Parties agree to procure the registration of this Agreement is to be registered by agreement under the Registrar-General as provided Real Property Act 1900 (NSW) in the relevant folios of the Register for Lot 10 DP 10979449 and the common property of SP8700 in accordance with section 7.6 of the Act.
8.2 (b) The Developer warrants Parties, at their own expense, must:
(i) procure the lodgement of this agreement with the Registrar-General as soon as reasonably practicable after this agreement comes into operation, but in any event, no later than 10 Business Days after that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.date;
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to (ii) procure the registration of this Agreement under section 7.6 agreement by the Registrar-General in the relevant folios of the Act fromRegister for Lot 10 DP 10979449 and the common property of SP8700 as soon as reasonably practicable after this agreement is lodged for registration; and
(iii) provide documentary evidence that the registration of this agreement has been completed to Council within 5 Business Days of receiving confirmation that the registration has occurred.
(c) The Developer Parties at their own expense will take all practical steps, and otherwise do anything that the Council reasonably requires to procure:
(ai) If this Agreement relates to land under the Real Property Act 1900, consent of each person who who:
(A) has an estate or interest in Lot 10 DP 10979449 and the Land common property of SP8700 registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who 1900 (NSW); or
(B) is seized or in possessed of an estate or interest in Lot 10 DP 10979449 and the Landcommon property of SP8700,
(ii) an acceptance of the terms of this agreement and an acknowledgement in writing from any existing mortgagee in relation to the Land that each will consent to the registration of this agreement and be bound by and adhere to the provisions of this agreement as owner of the Land or as mortgagee in possession, as the case may be, in accordance with section 7.6 of the Act,
(iii) the execution of any documents; and
(iv) the production of the relevant duplicate certificates of title or electronic equivalent, to enable the registration of this agreement in accordance with this clause 8.2.
8.4 As soon as possible and in any event, within 30 business days (d) The Lot 10 Owner consents to the registration of entering into this Agreement, agreement against the Developer will at its cost arrange and lodge title to Lot 10 DP 10979449.
(e) The SP8700 Owners consent to the registration of this Agreement for registration upon agreement against the title to the Land under s7.6 common property of SP8700 and warrant that, as at the Act and will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration date of this Agreementagreement, or deliver funds electronically as Council may direct;
(c) subject the SP8700 Owners have resolved to the Council providing enter into this agreement and consent to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration on agreement being registered against the title to the Landcommon property of SP8700.
8.5 Upon compliance with clause 8.4 by (f) If the Developer strata scheme SP8700 is terminated, this agreement must remain registered on the Council will promptly lodge title created on termination and, if this agreement is removed from the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery of the Development Contribution in fullRegister, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title Parties agree to the Land. The Council will not withhold its consent take all action without delay to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removalhave this agreement registered.
8.8 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Voluntary Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done it will do everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any event, within 30 business days event prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its cost arrange and lodge do all things necessary to ensure registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and at their cost will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to b e lodged the title deed with NSW Land Registry Services and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW Services for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 93H of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 93H of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any event, within 30 business days event prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under s93H upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to b e lodged the title deed with LPI and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services& Property Information, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent as modified as at the date of surrender and prior to any Construction Certificate, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent as modified occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-Registrar General as provided for in section 7.6 93H of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 93H of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days Prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under s93H upon the title to the Land under s7.6 and as soon as possible following execution of the Act and willthis Agreement:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to lodged the title deed with LPI and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services& Property Information, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of a Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable r e a s onable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur on or before the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-Registrar General as provided for in section 7.6 93H of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 93H of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 93H of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business days Prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under s93H upon the title to the Land under s7.6 and as soon as possible following execution of the Act and willthis Agreement:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to lodged the title deed with LPI and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services& Property Information, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of a Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided that the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur on or before the date of this Agreement, then there will be no obligation to register this Agreement in accordance with this clause.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants Developers warrant that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants Developers warrant that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business Within 14 days of entering into this AgreementAgreement and prior to the issue of any Construction Certificate for the Development, the Developer Developers will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(c) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer Developers the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer Developers may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays Developers pay all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business Within 14 days of entering into this AgreementAgreement and in any event prior to the issue of any Construction Certificate that relates to any building work, other than demolition, excavation, piling, shoring and ancillary works for construction purposes including site hoardings and temporary site sheds that relates to works contained in DA-44/2022/B, the Developer will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this AgreementNSW, or deliver funds electronically as Council may direct, for registration fees for registration of this Agreement;
(c) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council, or deliver funds electronically as Council may direct, for its Council’s reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate that relates to any building work, other than demolition, excavation, piling, shoring and ancillary works for construction purposes including site hoardings and temporary site sheds that relates to works contained in DA-44/2022.
8.5 Upon compliance with clause 8.4 by the Developer Developer, the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullContribution, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business Within 14 days of entering into this AgreementAgreement and in any event prior to the issue of any Construction Certificate, the Developer will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(c) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(d) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement. Unless the Development Contribution is paid in full:
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 93H of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 93H of the Act.
8.3 Without limiting clause 8.2, 8.2 the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 93H of the Act from:
(a) If if this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If if this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized seised or in possessed of an estate or interest in the Land.
8.4 As soon as possible after execution of this Agreement and in any event, within 30 business event no later than 14 days after the date of entering into this Agreement, the Developer will at its cost arrange and lodge effect registration of this Agreement for registration under s93H upon the title to the Land under s7.6 and as soon as possible following execution of the Act and willthis Agreement:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;.
(b) lodge or cause to lodged the title deed with LPI and advise Council of the production number.
(c) provide the Council with a cheque in favour of NSW Land Registry Services& Property Information, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;; and
(cd) subject to provide the Council providing to the Developer a tax invoice cheque in favour of Council for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to o be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and;
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of a Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the terms of this Agreement have been complied with and the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur on or before the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause.
8.9 Upon registration of this Agreement by the Registrar General, General this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.. Unless the Development Contribution is paid in full:
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 28.1 The Parties agree Developer agrees that it will procure the registration of this Agreement is to be registered by under the Registrar-General as provided Real Property Act 1900 (RP Act) in the relevant folios of the register for the Developer’s Land, other than a Final Lot in accordance with section 7.6 of the Act.
8.2 28.2 The Developer warrants that they have done everything necessary to enable Developer, at its own expense, will promptly after this Agreement comes into operation, take all practical steps, and otherwise do anything that the Council reasonably requires, to be registered under section 7.6 procure:
28.2.1 the consent of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act fromeach person who:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Developer’s Land registered under that the RP Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Developer’s Land.;
8.4 As soon as possible and in 28.2.2 the execution of any event, within 30 business days of entering into this Agreement, documents; and
28.2.3 the Developer will at its cost arrange and lodge this Agreement for registration upon the title to the Land under s7.6 production of the Act and will:
(a) deliver relevant duplicate certificates of title, to enable the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(c) subject to the Council providing to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created Agreement in accordance with clause 28.1, as soon as practicable.
28.3 The Developer, at its own expense, will take all practical steps and otherwise do anything that the provisions Council reasonably requires, as soon as reasonably practicable:
28.3.1 to procure the lodgement of this Agreement, or deliver funds electronically Agreement with the Registrar General as Council may directsoon as reasonably practicable after this Agreement comes into operation but in any event not later than 60 Business Days after that date; and
(d) take any other necessary action so as 28.3.2 to ensure this Agreement can be lodged for registration on procure the title to the Land.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery of the Development Contribution in full, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Upon registration of this Agreement by the Registrar General, either in the relevant folios of the register for the Developer’s Land or in the General Register of Deeds if the Agreement relates to land not under the RP Act.
28.4 The Parties agree that if any plan of subdivision to create Final Lots is lodged with the LRS, the LRS will be directed not to register this Agreement against the folio identifier of the Final Lots being created by that plan.
28.5 Once the Developer has met all of its obligations under this Agreement, the registration of this Agreement against the folio identifier of the Land, or any part of the Land, can be removed, and the Council must do everything reasonably necessary to permit the Developer to have the recording of this Agreement against the folio identifier of the Land or part of the Land removed.
28.6 At any time, the Developer may request that the Council remove the registration of this Agreement from the title to any part of the Developer’s Land that is not a Final Lot, provided that the Council holds the Contributions Security required under clause 24.
29.1 This Agreement may be reviewed or modified by the agreement of the Parties using their best endeavours and acting in good faith.
29.2 The Parties agree to review this Agreement on the first anniversary of the date on which this Agreement is binding onentered into and every three years after that anniversary, and otherwise if either Party is enforceable against the owner of the Land from time to time as if each owner for opinion that any change of circumstance has occurred, or is imminent, that materially affects the time being had entered into operation of this Agreement.
29.3 On each review, other than the review on the first anniversary, the Parties will review the Projected Total Population and dwelling occupancy rates of the Googong Urban Release Area.
29.4 For the purposes of clause 29.2, the relevant changes include (but are not limited to):
29.4.1 any material change to the Development or Indicative Staging Plan,
29.4.2 any change to the LEP that materially affects the Development or part of the Development,
29.4.3 any change to Council’s Residential and Economic Strategy 2031 that materially affects the Development or part of the Development,
29.4.4 any change to or the making of any Environmental Planning Instrument that materially affects the Development or part of the Development, 29.4.5 any change to a law that restricts or prohibits or enables the Council or any other Authority to restrict or prohibit any aspect of the Development,
Appears in 1 contract
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible and in any event, within 30 business Within 14 days of entering into this AgreementAgreement and in any event prior to the issue of any Construction Certificate, the Developer will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) produce or cause to be produced the title deed with NSW Land Registry Services and advise Council of the production number or provide a copy of the CoRD Holder Consent as may be applicable;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(de) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any event, within 30 business days event prior to the issue of entering into this Agreementany Construction Certificate for the Development, the Developer will at its their cost arrange and lodge effect registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and as soon as possible will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3;
(b) produce or cause to be produced the title deed with NSW Land Registry Services and advise Council of the production number or provide a copy of the CoRD Holder Consent as may be applicable;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and
(de) take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement
Registration of this Agreement.
8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act.
8.2 The Developer warrants that they have it has done everything necessary to enable this Agreement to be registered under section 7.6 of the Act.
8.3 Without limiting clause 8.2, the Developer warrants that they have it has obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from:
(a) If this Agreement relates to land under the Real Property Act 1900Xxx 0000, each person who has an estate or interest in the Land registered under that Act; or
(b) If this Agreement relates to land not under the Real Property Act 1900Xxx 0000, each person who is seized or in possessed of an estate or interest in the Land.
8.4 As soon as possible after entering into this Agreement and in any event, within 30 business days event prior to the issue of entering into this Agreementa Construction Certificate, the Developer will at its cost arrange and lodge do all things necessary to ensure registration of this Agreement for registration under s7.6 upon the title to the Land under s7.6 of the Act and at their cost will:
(a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land Developer and any other person the subject of the warranty in clause 8.3;
(b) lodge or cause to b e lodged the title deed with NSW Land Registry Services and advise Council of the production number;
(c) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct;,
(cd) subject to provide the Council providing to with a cheque in favour of the Developer a tax invoice Council for its reasonable costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, Agreement and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and.
(de) and take any other necessary action so as to ensure this Agreement can be lodged for registration is registered on the title to the LandLand prior to the issue of any Construction Certificate.
8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General.
8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General.
8.7 Upon delivery payment of the Development Contribution in fullor surrender of the Development Consent, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal.
8.8 Should payment of the Development Contribution or surrender of the Development Consent occur upon the date of this Agreement and prior to issue of a Construction Certificate, then there will be no obligation to register this Agreement in accordance with this clause nor provide the Bank Guarantee in accordance with clause 9.1.
8.9 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.
Appears in 1 contract
Samples: Planning Agreement