Common use of Dealing by the Developer Clause in Contracts

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer and the Landowner must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer, the Landowner and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer and the Landowner may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Landowner may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan, and the certificates of title to the Affordable Housing Dwellings upon registration of the strata plan; and (iii) the Developer and the Landowner must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer, the Landowner and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer and the Landowner must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 4 contracts

Sources: Planning Agreement, Planning Agreement, Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer and the Landowner must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) without the City, the Developer, the Landowner Developer and the third party the subject of the Dealing first entering into a deed of consent to the Dealing on terms acceptable to the CityCity (acting reasonably), pursuant to which the third party the subject of the Dealing agrees to comply with this document. (b) On and from registration of this document in accordance with clause 9: (i) the Developer and the Landowner may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Landowner Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan, and the certificates of title to the Affordable Housing Dwellings plan upon registration of the strata plan; and (iii) the Developer and the Landowner must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the CityCity (not to be unreasonably withheld); and (B) the City, the Developer, the Landowner Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the CityCity (acting reasonably) whereby the incoming owner agrees to comply with this document. (c) The On provision of an itemised invoice by the City, the Developer and the Landowner must pay the City’s reasonable costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 4 contracts

Sources: Voluntary Planning Agreement, Planning Agreement, Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer and the Landowner must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer, the Landowner and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer and the Landowner may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Landowner may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan, and the certificates of title to the Affordable Housing Dwellings upon registration of the strata plan; and (iii) the Developer and the Landowner must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer, the Landowner and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer and the Landowner must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer and the Landowner must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) the City, the Developer, the Landowner Developer and the third party the subject of the Dealing entering into a deed of consent and novation to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer and the Landowner may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Landowner Developer may register a plan of stratum subdivision, and the City consents to this document remaining registered on the certificates of title for each stratum lot created; (iii) the Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan, and the certificates of title to the Affordable Housing Dwellings plan upon registration of the strata plan; and (iiiiv) the Developer and the Landowner must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the City; and (B) the City, the Developer, the Landowner Developer and the third party the subject of the Dealing entering into a deed of consent and novation to the Dealing on terms acceptable to the City. (c) The Developer and the Landowner must pay the City’s reasonable costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer and the Landowner must not Deal with this document or the Land without: (i) the prior written consent of the City; and (ii) without the City, the Developer, the Landowner Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer and the Landowner may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (with or without subdivision) to a purchaser of the Land; (ii) the Landowner Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan, and the certificates of title to the Affordable Housing Dwellings plan upon registration of the strata plan; and; (iii) the Developer and may Deal with this document to a third party without the Landowner consent of the City as a result of the sale of part of the Land following strata subdivision to purchaser/s of part of the Land; and (iv) the Developer must not otherwise Deal with this document to a third party (that is not a purchaser of the whole or any part of the Land without: (ALand) the prior written consent of the City; and (B) without the City, the Developer, the Landowner Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer and the Landowner must pay the City’s costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2.

Appears in 1 contract

Sources: Planning Agreement

Dealing by the Developer. (a) Prior to registration of this document in accordance with clause 9, the Developer and the Landowner must not Deal with this document or the Land without: (i) the prior written consent of the CityCity (such consent not to be unreasonably withheld); and (ii) the City, the Developer, the Landowner Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (b) On and from registration of this document in accordance with clause 9: (i) the Developer and the Landowner may Deal with this document without the consent of the City only as a result of the sale of the whole of the Land (without subdivision) to a purchaser of the Land; (ii) the Landowner Developer may register a plan of strata subdivision, and the City consents to this document remaining registered only on the certificate of title to the common property of the strata plan, and the certificates of title to the Affordable Housing Dwellings plan upon registration of the strata plan; and (iii) the Developer and the Landowner must not otherwise Deal with this document to a third party that is not a purchaser of the whole or any part of the Land without: (A) the prior written consent of the CityCity (such consent not to be unreasonably withheld); and (B) the City, the Developer, the Landowner Developer and the third party the subject of the Dealing entering into a deed of consent to the Dealing on terms acceptable to the City. (c) The Developer and the Landowner must pay the City’s reasonable costs and expenses relating to any consent or documentation required due to the operation of this clause 13.2. (d) If a third party is acquiring an interest in the Land as a purchaser of one or more strata lots in a strata scheme (whether or not the relevant strata scheme has been registered at NSW Land Registry Services), then the Developer is not required to comply with 13.2(a) and 13.2(b)(iii).

Appears in 1 contract

Sources: Planning Agreement