oria imaged document cover sheet

ORIA Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Victorian Land Registry Services.

Document Type Instrument Document Identification AB305395T

Number of Pages

(excluding this cover sheet)

8

Document Assembled 13/08/2021 08:56

Copyright and disclaimer notice: @ State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LAN DATA® System. None of the State of Victoria, LANDATA®, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

D21/170009

Delivered by LANDATAD, t imestamp 13/08/2021 08:56 Page 1 of 8 (D State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATAD System. None of the State of Victoria, LANDATAG, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information.

W J GILBERT & CO

AB305395T 2 05 200 $ 9 173

ii I liii II I APPLICATION TO REGISTER SECTION 173 AGREEMENT

Planning and Environment Regulations 1998 No, 8

Form 13

Section 181

APPLICATION BY A RESPONSIBLE AUTHORITY FOR THE MAKING OF A RECORDING OF AN AGREEMENT

Planning and Environment Act 1987

Lodged at the Land Registry by: Name: W J GILBERT & CO. Phone: (03) 9523 9655 Address: 221 Glen Huntly Road, Elsternwick, 3185 Ref: John Gilbert Customer Code: 0860U

The Authority having made an agreement referred to in section 181 (1) of the Planning and Environment Act 1987 requires a recording to be made in the Register for the land.

Land: Volume 10315 Folio 046

Authority: Colac Otway Shire Council 2-6 Rae Street, Colac, 3250

Section and Act under which agreement made: Section 173 Planning & Environment Act 1987

A copy of the Agreement is attached to this Application.

Signature for the Authority: I

Name of Officer:

Date:

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great0ceanrdapp1Ic173agr.doc

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Delivered by LANDATAD, timestamp 13/08/2021 08:56 Page 2 of 8

COLAC OTWAY SHIRE COUNCIL ("Council")

- and -

GREAT OCEAN ROAD VILLAGE RESORT PTY LTD (ACN 006 585 557)

("Owner)

D 1 1

595i-2_6 l

SECTION l a AGREEMENT-j

W J Gilbert & Co Lawyers

221 Glen Huntly Road

AB3°5395T

Elsternwick Vic 3186 2110512002 Tel

2 9 i 9955233 965565

Fax 6

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Ref: WJG:nnb

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D21/170009


• " 2 e 2-- THIS AGREEMENT is made p h ' , 0 I AB305395T

27 051 002 5 173

BETWEEN: COLAC OTWAY SIMRE COUNCIL flifi

of 2 - 6 Rae Street, Colac, Victoria

II I I I

A")

AND: GREAT OCEAN ROAD VILLAGE RESORT PTY LTD (ACN 006 585 557) of Level 8, 608 Bourke Street, Melbourne, Victoria ("Owner)

INTRODUCTION

A. The Owner is the registered proprietor of the Subject Land.

B. Council is the Responsible Authority pursuant to the Act for the Planning Scheme.

C. On 16 August 2000 Council issued Planning Permit No. PPN060/2000 and on 21 May 2001 Planning Permit No. PPA/037/2001("the Permits") allowing the Subject Land to be subdivided into thirty lots upon which dwellings and associated car parking spaces are to be constructed (the "Development").

D. The Parties enter into this Agreement: 11 111

(a) to give effect to the requirements of the Permits; and DA 305395 -3-4 •

(b) to achieve and advance the objectives of planning in Victoria and the objectives of the Planning Scheme in respect of the Subject Land.

IT IS AGREED:

1. Definitions

In this Agreement the words and expressions set out in this clause have the following meaning unless the context admits otherwise -

1.1 "Act" means the Planning & Environment Act 1987.

1.2 "Agreement" means this Agreement and any agreement executed by the parties expressed to be supplemental to this Agreement.

1.3 "Endorsed Plan" means the plan endorsed with the stamp of Council from time to time as the plan which forms part of the Permits. A copy of the plan endorsed as at the date of this Agreement is attached to this Agreement and marked with the letter "B".

1.4 "Lot" means a lot on the Endorsed Plan.

1.5 "Owner" means the person registered by the Registrar of Titles as proprietor of an estate in fee simple of the Subject Land or any part of it and a reference to the Owner in this Agreement is also a reference to a Mortgagee In Possession.

1.6 "Planning Scheme" means the Colac Otway Planning Scheme and any other planning scheme which applies to the Subject Land.

1.7 "Subject Land" means the land situated at and known as Crown Allotment 17 Section 3A, Parish of Krambruk, 2 - 18 Old Coach Road, Skenes Creek, Victoria and being the land referred to in Certificate of Title Volume 10315 Folio 046.

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I. 1.8 "Mortgagee" means the person registered or entitled from time to time to be

registered by the Registrar of Titles as Mortgagee of the Subject Land or any part of it.

2. Interpretation

2.1 The singular includes the plural and vice versa.

2.2 A reference to a gender includes a reference to a firm, corporation or other corporate body and that person's successors in law.

2.3 If a party consists of more than one person this Agreement binds them jointly and each of them severally.

2.4 A reference to an Act, Regulation or the Planning Scheme includes any Acts, Regulations or Amendments amending, consolidating or replacing the Act, Regulation or Planning Scheme.

2.5 The introductory clauses to this Agreement are and will be deemed to form part of this Agreement

2.6 Headings and Footnotes are only for reference.

Agreement Under Section 173 of the Act

Council and the Owner agree that without limiting or restricting their respective powers to enter into this Agreement and, insofar as it can be so treated, this Agreement is made pursuant to Section 173 of the Act.

Effect of Agreement

4.1 Except as otherwise provided in this Agreement, this Agreement commences from the date it is signed by all the parties.

4.2 The obligations of the Owner under this Agreement, will take effect as separate and several covenants which are annexed to and run at law and equity with the Subject Land.

Owner's Warranties

Without limiting the operation or effect which this Agreement has, the Owner warrants that apart from the Owner and any mortgagee, no other person has any interest either legal or equitable, in the Subject Land which may be affected by this Agreement.

6. Successors In Title

Without limiting the operation or effect which this Agreement has, the Owner must ensure that, until such time as a memorandum of this Agreement is registered on the title to the Subject Land, successors in title must be required to:

6.1 give effect to and do all acts and sign all documents which will require those successors to give effect to this Agreement; and

6.2 execute a deed agreeing to be bound by the terms of this Agreement.

11 11

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AB305395:T 73 71 III01 111111111 111 I It

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I .7 . Specific Covenants of Owner

The Owner covenants and agrees that -

7.1 the development of the Lots indicated on the Endorsed Plan shall be in accordance with the Permits or any amendment to the Permits approved by the Responsible Authority;

7.2 it shall construct a waste water treatment plant on the Subject Land in accordance with the requirements specified in the Permits; and

7.3 if the sewering of Skenes Creek does not progress or if the Owner does not complete the Development then the land upon which the treatment plant referred to in Clause 7.2 is located together with its disposal fields shall become common property under the control of the registered owner(s) of the relevant Lot(s).

8. Further Covenants of Owner

The Owner further covenants and agrees that - D 305395 -5-1

1 1

8.1 Council Access

The Owner will allow Council and its employees, contractors or agents (at any reasonable time) to enter the Subject Land to assess compliance with this Agreement.

8.2 Non-Compliance

8.2.1 In the event the Owner has not complied with this Agreement within fourteen days after service of a notice from Council specifying such non-compliance, the Owner will allow Council and its employees, contractors or agents to enter the Subject Land and rectify such non-compliance

8.2.2 In the event Council exercises its powers to rectify the non-compliance, the Owner will pay to Council on demand, its reasonable costs and expenses incurred as a result of the non-compliance which are and until paid will be a charge on the Subject Land.

8.2.3 The Owner will accept a certificate signed by the Chief Executive Officer of Council as proof of the costs and expenses incurred by Council to rectify the Owner's non-compliance with this Agreement.

8.3 Notice and Registration

The Owner will bring this Agreement to the attention of all prospective purchasers, mortgagees, transferees and assigns.

8.4 Further Actions

8.4.1 The Owner will do all things necessary, including signing any further agreements, undertakings, covenants and consents, approvals or other documents necessary for the purpose of ensuring that the Owner carries out the Owner's covenants under this Agreement and to enable Council to enforce the performance by the Owner of such covenants and undertakings; and - AB305395T

2 0512002 $59 173

1111 II Il/il till! II

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8.4.2 The Owner will consent to Council making application to the Registrar of Titles to make a recording of this Agreement in the Register on the Certificate of Title of the Subject Land in accordance with Section 181 of the Act and do all things necessary to enable Council to do so including signing any further agreement, acknowledgement or document or procuring the consent to this Agreement of any mortgagee or caveator to enable the recording to be made in the Register under that Section.

8.6 Indemnity

The Owner will indemnify and keep indemnified Council, its employees, contractors and agents from and against all costs, expenses, losses or damages whatsoever which they or any of them may sustain incur or suffer or be or become liable for or in respect of any suit action proceeding judgment or claim brought by any person whatsoever arising from or referable to this Agreement or any non-compliance with this Agreement.

9. General

9.1 Notices D 305395 -6-9 '

A notice or other communication required or permitted to be served by a party on another party must be in writing and may be served:

9.1.1 by delivering it personally to that party;

9.1.2 by sending it by prepaid post addressed to that party at the address set out in this Agreement or subsequently notified to each party from time to time; or

9.1.3 by sending it by facsimile provided that a communication sent by facsimile must be confirmed immediately in writing by the sending party by hand delivery or prepaid post.

9.2 A Notice or other Communication is Deemed Served

9.2.1 if delivered, on the next following business day;

9.2.2 if posted, on the expiration of two business days after the date of posting; or 9.2.3 if sent by facsimile, on the next following business day unless the receiving party has requested re-transmission before the end of that business day.

9.3 No Waiver

Any time or other indulgence granted by Council to the Owner or any variation of the terms and conditions of this Agreement or any judgment or order obtained by Council against the Owner will not in any way amount to a waiver of any of the rights or remedies of Council in relation to the terms of this Agreement.

9.4 Severability

If a court, arbitrator, tribunal or other competent authority determines that a word, phrase, sentence, paragraph or clause of this Agreement is unenforceable, illegal or void then it must be severed and the other provisions of this Agreement will remain operative.

AB305395T 2 051 2 9 173

Ill 11111 JUl11 1111 Jill

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THE COMMON SEAL of the COLAC OTWAY SHIRE COUNCIL was hereto affixed i n accor ance with its Local Law

No. LV

Councillor

oritee___J Councilor

Thie f Executive Officer

AB305395T 21IO12OO2 S59 13

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Delivered by LANDATA® bmesianyi 13,08/2021 08 56 Page 8 of 8

9.5 No Fettering of Council's Powers

It is acknowledged and agreed that this Agreement does not fetter or restrict the power or discretion of Council to make any decision or impose any requirements or conditions in connection with the granting of any planning approval or certification of any plans of subdivision applicable to the Subject Land or relating to any use or development of the Subject Land.

10. Ending of Agreement

10.1 This Agreement ends upon the earlier of:

10.1.1 the date upon which the Owner has complied with all the obligations imposed on the Owner under this Agreement; or

10.1.2 the date upon which sewerage is connected to the Subject Land.

10.2 As soon as reasonably practicable after the Agreement has ended, Council will, at the request and at the cost of the Owner make application to the Registrar of Titles under Section 183(2) of the Act to cancel the recording of this Agreement on the register.

Executed by the parties on the date set out at the commencement of this Agreement

As a Record the parties have executed this Agreement

Si or and on of the Colac Otway Shire C ô u n i l pursuant to Instrument of Delegation ls&te4to the position Chief Executive Officer by resoIut&rcf,pouncil on the day of

Ful e (Please Print)

The common seal of Great Ocean Road Village ) Resort Pty Ltd ACN 006 585 557 was affixed in the) presence of duly authorised persons:

Director...

Full Name . . . . . . ... . ...... ...

g.f.cfs. ate-7- Address

- 7 ( 6 / / ° 4 / / 5 — Bea cA S r . 7-7.e\i/ Director/Secretary

Full Name

..... .......

AB305395T 1710512 002 $59 173

I I

D21/170009

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