Summary of Objectives, Nature and Effect of the Draft Planning Agreement Sample Clauses

Summary of Objectives, Nature and Effect of the Draft Planning Agreement. The objective of the Planning Agreement is to record the terms of the offer made by the Developer and its obligation to provide public benefits in connection with the display of the advertisements in accordance with clause 13(3) of State Environmental Planning Policy No. 64 — Advertising and Signage and the Depart of Planning and Environment 'Transport Corridor Outdoor Advertising and Signage Guidelines'. The Planning Agreement provides that the Developer is to make monetary contributions to Council calculated by reference to the digital display area used for the display of advertisements and the like at a rate of $555 per square metre. If development consent is granted to the Development Application, the Planning Agreement requires payment of the first monetary contribution within 28 days of issue of the occupation certificate, as follows: The above monetary contribution for the Development Application are to be paid for the balance of the time that the relevant development consent is effective and operational (15 years unless decreased) and the Digital Signage is operated or used by the Developer, adjusted in accordance with the Consumer Price Index. The money received by Council is to be applied towards the public purpose of public benefit works in relation to transport and traffic matters of a public nature, including but not limited to public transport, transport safety, transport amenity improvements, pedestrian safety, improving traffic safety (road, rail, bicycle and pedestrian), providing or improving public transport services, improving or providing public amenity with or adjacent to roads, school safety infrastructure and programs, or other community benefits relating to transport, traffic and pedestrian matters.
Sample 1
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Summary of Objectives, Nature and Effect of the Draft Planning Agreement. The Planning Agreement provides for registration of an easement in gross (site link) a minimum of 3m wide for public access between Pacific Highway and Post Office Lane and the dedication to the Council and at no cost to the Council of a 2m wide strip of the Land to widen Post Office Lane and associated footpath works. The Local Centres Development Control Plan (Pymble Xxxxx Xxxxxx Xxxxxxxx X0 Xxxxxxxxx Xxxxxx and Pacific Highway Commercial Area) precinct plan provides for the dedication of a two metre setback to Post Office Lane for the provision of footpaths at this site and other adjoining sites towards Post Office Street. The easement in gross will provide additional pedestrian access from Pacific Highway and Post Office Lane to improve access to and around the local centre. The widening of Post Office Lane will provide better access and facilitate the activation of Post Office Lane to become a street with active uses including small retail facilities, cafes or corner stores to meet the needs of employees and residents in the precinct and adjacent local areas. The Planning Agreement requires the Developer to comply with certain requirements including registration of the Planning Agreement on the title of the Land, provision of a bank guarantee prior to any construction certificate issuing for the development and the easement in gross to be registered, the dedication to Council to be finalised and works completed prior to an occupation certificate or subdivision certificate being issued for the development. The Agreement does not exclude the application of sections 94, 94A or 94EF of the Act to the Development and the Development Contribution under this Planning Agreement is not to be taken into consideration in determining any development contribution under s94 of the Act. The Agreement contains a number of standard provisions including in relation to dispute resolution and enforcement.
Sample 1
Summary of Objectives, Nature and Effect of the Draft Planning Agreement. The Developer has made an irrevocable offer to the Council to enter into the Planning Agreement in connection with the Development. It is anticipated by Council that the Development will have an impact on the local public roads leading to and from the subject land due to additional vehicle movements. The objective of the Planning Agreement is to facilitate the delivery of the Developer’s contributions towards upgrading and maintaining relevant public roads which is not otherwise provided for in Council’s existing s94 Contribution Plan. To achieve these objectives, the Planning Agreement requires the Developer to make contributions for each additional lot with a dwelling entitlement created in each stage of the subdivision. The Developer will make the following contributions (all of which will be indexed): a) Contributions of $3,000 are to be made for each additional lot with a dwelling entitlement created in each stage, on the basis that there are two original lots. Such payments shall be made to Council by cheque, direct deposit or other method as agreed by both parties. The value of the contributions shall increase annually on 1 July, in accordance with any variations to the All Groups Consumer Price Index (CPI) for Sydney, as published by the Australian Bureau of Statistics. Note that the value of contribution will not decrease should there be a decrease in such CPI. The Developer is required to register the Planning Agreement on the title of any residual lots following staged development in accordance with the development consent.
Sample 1
Summary of Objectives, Nature and Effect of the Draft Planning Agreement. The objective of the Draft Planning Agreement is to:  Enable the Minister to secure land to be conserved by dedication at no cost to the Minister or to Council;  Enable a mechanism for the Developer to provide a contribution to the Minister towards the ongoing management of the Biodiversity Offset Land;  Indemnify Council against any costs associated with the transfer, conservation or ongoing management of the Offset Lands;  Permit the Developer in consultation with Council to proceed to masterplan and create the new town of Brimbin. The Draft Planning Agreement:  Facilitates further development of the urban release area which the Planning Agreement applies to;  Enables the conservation of ecologically sensitive lands within the urban release area;  Provides a mechanism for the Developer to pay a contribution towards the ongoing management of the Offset Land;  Provides an opportunity for the public to participate in the planning process through the exhibition of this Planning Agreement, and for Council and the Minister to then consider those public submissions.
Sample 1
Summary of Objectives, Nature and Effect of the Draft Planning Agreement. The Planning Agreement will assist Council in achieving its objectives by providing funds which will enable Council to provide material public benefits to the local and broader community. Those objectives relate to infrastructure upgrades, affordable housing, improvements to playgrounds, parks and reserves as well as improving public open space, particularly for public recreation purposes. The Agreement is a contractual relationship between Council and the Developer whereby the Developer is to pay monetary contributions and dedicate affordable housing and is a Planning Agreement under subsection 2 of Division 6 of Part 4 of the Act. The Agreement requires the Developer to comply with certain requirements including to pay to Council a monetary contribution in the total amount of $3,200,000 and to dedicate 25 apartments from the future development of the Land for the purposes of affordable housing. The Agreement does not exclude the application of Section 94A and the Development Contributions under the Agreement are not to be taken into account in determining the development contribution under s94A being a 1% fixed levy. However, if the s94A contribution percentage increases at any time and if a Special Infrastructure Contribution under section 94EF is imposed at any time then those additional contributions will be taken into account in reducing the amount of the Development Contributions under the Agreement. The Agreement contains a number of machinery provisions including in relation to dispute resolution and enforcement. Without limitation, but particularly in relation to enforcement, the Development Contributions (including the monetary contributions and dedication of affordable housing) are to be provided to Council prior to the issue of any Occupation Certificate in respect of a development consent for the Development of the Land based on the Planning Proposal.
Sample 1

Related to Summary of Objectives, Nature and Effect of the Draft Planning Agreement

  • Procedure and Effect of Termination In the event of the termination of this Agreement and the abandonment of the transactions contemplated hereby pursuant to Section 7.1 hereof, written notice thereof shall forthwith be given by the parties so terminating to the other party and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned, without further action by Seller, on the one hand, or Buyer and Parent, on the other hand. If this Agreement is terminated pursuant to Section 7.1 hereof: (a) Each party shall redeliver all documents, work papers and other materials of the other parties relating to the transactions contemplated hereby, whether obtained before or after the execution hereof, to the party furnishing the same, and all confidential information received by any party hereto with respect to the other party shall be treated in accordance with the Confidentiality Agreement and Section 5.2(c) hereof; (b) All filings, applications and other submissions made pursuant hereto shall, at the option of Seller, and to the extent practicable, be withdrawn from the agency or other person to which made; and (c) Each party's right of termination under Section 7.1 is in addition to any other rights it may have under this Agreement or otherwise, and the exercise of a right of termination will not be an election of remedies. If this Agreement is terminated pursuant to Section 7.1, all further obligations of the parties under this Agreement will terminate, except that the obligations in Section 5.5 and 9 will survive; provided, however, that if this Agreement is terminated by a party because of the breach of the Agreement by the other party or because one or more of the conditions to the terminating party's obligations under this Agreement is not satisfied as a result of the other party's failure to comply with its obligations under this Agreement, the terminating party's right to pursue all legal remedies, including the remedies set forth in Article VIII hereof, will survive such termination unimpaired.

  • Effective Date and Term of Agreement This Agreement is effective and binding on the Company and Employee as of the date hereof; provided, however, that, subject to Section 2(d), the provisions of Sections 3 and 4 shall become operative only upon the Change in Control Date.

  • Nature and Purpose of Processing The Parties will Process Shared Personal Data only as necessary to perform under and pursuant to the Applicable Agreements, and subject to this Data Processing Addendum, including as further instructed by Data Subjects.

  • Inconsistencies with Other Documents; Independent Effect of Covenants (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control; provided that, other than for purposes of Article XI, any provision of the other Loan Documents which imposes additional burdens on any Borrower or its Subsidiaries or further restricts the rights of such Borrower or its Subsidiaries or gives the Administrative Agent or any Lender additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect. (b) Each Borrower expressly acknowledges and agrees that each covenant contained in Article VIII, IX, or X hereof shall be given independent effect. Accordingly, no Borrower shall engage in any transaction or other act otherwise permitted under any covenant contained in Article VIII, IX, or X if, before or after giving effect to such transaction or act, such Borrower shall or would be in breach of any other covenant contained in Article VIII, IX, or X.

  • Implementation of Agreement Each Party must promptly execute all documents and do all such acts and things as is necessary or desirable to implement and give full effect to the provisions of this Agreement.

  • Full Force and Effect of Agreement Except as hereby specifically amended, modified or supplemented, the Credit Agreement and all other Loan Documents are hereby confirmed and ratified in all respects and shall be and remain in full force and effect according to their respective terms.

  • Independent Effect of Covenants The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IX, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII or IX.

  • Review of Agreement Each party acknowledges that it has had time to review this agreement and, as desired, consult with counsel. In the interpretation of this agreement, no adverse presumption shall be made against any party on the basis that it has prepared, or participated in the preparation of, this agreement.

  • Performance of Services in Accordance with Regulatory Requirements; Furnishing of Books and Records In performing the services set forth in this Agreement, the Manager: A. shall conform with the 1940 Act and all rules and regulations thereunder, with all other applicable federal, state and foreign laws and regulations, with any applicable procedures adopted by the Trust’s Board of Trustees, and with the provisions of the Trust’s Registration Statement filed on Form N-1A as supplemented or amended from time to time; B. will make available to the Trust, promptly upon request, any of the Fund’s books and records as are maintained under this Agreement, and will furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the Manager’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations.

  • Operation of Agreement This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.

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