Council Minutes - Section D: Common Seal - 29 January 2013

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DEECD Capital Funding Agreement - Leopold Community and Children's Centre

Summary

1. The Department of Education and Early Childhood Development (DEECD) has committed funding of $1.5 million towards the construction of an Integrated Children’s Centre in Leopold.

2. At the Ordinary Council Meeting on 25 September 2012, Council resolved to note the DEECD commitment of funds.

3. Council has previously received two reports regarding the Leopold Community Hub (12 April 2011 and 26 August 2008).

4. DEECD requires a Capital Funding Agreement to be signed and sealed by Council in order to provide the capital funding for the project.

Cr Ansett moved, Cr Macdonald seconded -

That Council delegates to the Chief Executive Officer and Mayor, to sign and seal the DEECD Capital Funding Agreement (two copies), for the Leopold Community and Children’s Centre.

Carried.

Cr Ansett moved, Cr Macdonald seconded –

That the following documents be signed and sealed by Council.

Carried.

1. Transfer of Land: Greater Geelong City Council to Stephen Temple for Part of 90 Keera Street, Geelong

2. Section 173 Agreement between Greater Geelong City Council and Toni Lee Lukauskas for 100 Dare Street, Ocean Grove

3. Section 173 Agreement between Greater Geelong City Council and Steward James McKenzie for 29 Central Road, Clifton Springs

4. Section 173 Agreement between Greater Geelong City Council and Urban Land Developments Pty Ltd for 37 Princess Street, Drysdale

5. Section 173 Agreement between Greater Geelong City Council and Geelong Contructions Pty Ltd for 26-28 Marsh Court, Drysdale

6. Section 173 Agreement between Greater Geelong City Council and Ionel Julian Mierla for 12 Warren Street, Thomson

7. Section 173 Agreement between Greater Geelong City Council and Tavis Peter Holman Myers and Caroline Anna Myers for 26 Torquay Road, Belmont

8. Section 173 Agreement between Greater Geelong City Council and Simon Michael McAuliffe for 25 Hannah Court, Lovely Banks

9. Section 173 Agreement between Greater Geelong City Council and Rita Posterino for 11-13 Bond Street, Newtown

10. Section 173 Agreement between Greater Geelong City Council and Vincent Peter Demaio and Josephine Demaio for 72 Wilsons Road, Newcomb

11. Section 173 Agreement between Greater Geelong City Council and 54 Percy St Pty Ltd for 54 Percy Street, Newtown

12. Section 173 Agreement between Greater Geelong City Council and Brian and Silvana Kenwood for 3 Fellows Road, Point Lonsdale

13. Section 173 Agreement between Greater Geelong City Council and Melinda Mary Lee for 195 Merrawarp Road, Ceres

14. Section 173 Agreement between Greater Geelong City Council and Greg Raymond Jones and Lisa Joy Jones for 31 Pleasant Street, Newtown

15. Section 173 Agreement between Greater Geelong City Council and Neetibroota and Manu Khurana for 3 Victoria Street, North Geelong

1. Transfer of Land: Greater Geelong City Council to Stephen Temple for Part of 90 Keera Street, Geelong

Summary

Council has entered into a Contract for the sale of part of Council’s land located at 90 Keera Street, Geelong (Land).

The Land has been sold to an adjoining property owner located at 82 Keera Street, Geelong. 

A Contract of Sale was signed by Jeff Wall, General Manager – Corporate Services, under delegated authority from Stephen Griffin dated 2 February, 2012. 

Settlement of the sale of the Land is due to take place in accordance with the terms and conditions of the Contract.  

Council Obligations

As part of the conveyancing process, Council must sign and seal a Transfer of Land instrument to convey the Land to the purchaser once the purchaser has effected settlement of the purchase transaction.

Cr Ansett moved, Cr Macdonald seconded -

That Council delegates to the Chief Executive Officer and Mayor, to sign and seal the DEECD Capital Funding Agreement (two copies), for the Leopold Community and Children’s Centre.

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2. Section 173 Agreement between Greater Geelong City Council and Toni Lee Lukauskas for 100 Dare Street, Ocean Grove

Officer's Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 2 of Planning Permit No. 326/2010 issued on 06 January 2011 which allowed the construction of a second dwelling and subdivision of land into two lots.

The purpose of the Agreement is to register on title that unless otherwise approved in writing by the Responsible Authority, prior to the issue of a Statement of Compliance:

All development to be in accordance with the endorsed plans forming part of Planning Permit 326/2010 (or any amendment to that permit) or any subsequent Planning Permit.

This Agreement has been prepared by one of Council’s panel solicitors.

Owner's Oblications

The owner agrees that following registration of the plan of subdivision approved by the Subdivision Permit any development of the Subject Land must accord with the endorsed plans forming part of the Development Permit (or any amendment to the Development Plan) or any subsequent planning permit issued by Council.

The owner further agrees to facilitate the Council making application to the Registrar of Titles and do all things necessary to record this agreement in the registrar on the Certificate of Title to the Subject Land in accordance with Section 181 of the Act and pay all cost of preparation and execution of the agreement and entry of the memorandum on the Certificate of Title to the Subject Land.

Council Obligations

Nil.

3. Section 173 Agreement between Greater Geelong City Council and Steward James McKenzie for 29 Central Road, Clifton Springs

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 18 (b) of Planning Permit No. 818/2009/A issued on 22 January 2010 which allowed the construction of two dwellings and a two lot subdivision.

The purpose of the Agreement is to ensure the land is developed in accordance with the plans endorsed under PP 818/2009A    Before Statement of Compliance is issued for the subdivision, application must be made to the Registrar of Titles to register the Section 173 Agreement on Title to the land under Section 181 of the Act.

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner's Oblications

To develop the land in accordance with the plans endorsed under PP818/2009A.

Council Obligations

Nil

4. Section 173 Agreement between Greater Geelong City Council and Urban Land Developments Pty Ltd for 37 Princess Street, Drysdale

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 25  of Planning Permit No. 466/2011/A issued on 24 October 2011 which allowed Staged Multi Lot Subdivision & Removal of Easements - E-1 (TP17298P), E1 & E2 (PC356099E) & E1 (PS337795B)

The purpose of the Agreement is to comply with condition 25 of the planning permit which states that:

"Prior to the issuing of Statement of Compliance, details of how the temporary pedestrian link shown on the approved Development Plan will be provided, including details of the trigger for the provision and details of how the link will be physically defined on site, must be submitted to and approved in writing by the Responsible Authority. The temporary pedestrian link must be provided in accordance with the approved details, and must be retained as a pedestrian link with unobstructed public access until such time as the pedestrian connection to Mortimer Street to the north-west of the area covered by DPO24 (as shown in the Urban Design Masterplan in the approved Development Plan) has been provided, to the satisfaction of the Responsible Authority."

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner’s Obligations

The Owner covenants, agrees and acknowledges that it will do the following to the satisfaction of the Responsible Authority:

1. In the absence of the provision of the Permanent Pedestrian Link, the Owner will, prior to the issue of a statement of compliance in respect of the first stage of the subdivision allowed under the Planning Permit, submit plans for endorsement by the Responsible Authority:

1. depicting the detailed design of the Temporary Pedestrian Link ; and

2. confirming the anticipated timeframe for the delivery of the approved Temporary Pedestrian Link works;

2. Establish the Temporary Pedestrian Link in accordance with the plan(s) endorsed pursuant to clause a) of this Agreement immediately upon registration of the first stage of the subdivision allowed under the Planning Permit.

3. Maintain the Temporary Pedestrian Link in a form to the satisfaction of the Responsible Authority, until such time as the Responsible Authority assumes responsibility for the Temporary Pedestrian Link in accordance with clause 6(3) of this Agreement.

4. Provide clear unobstructed public access over the Temporary Pedestrian Link subject to the provisions of this Agreement.

Further obligations of the Owner

The Owner further warrants and agrees that:

Notice and registration

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

Property rights affecting Temporary Pedestrian Link

The Owner will use its best endeavours to ensure that there are no mortgages, liens, charges or other encumbrances or leases or any rights inherent in any person other than the Owner affecting the Temporary Pedestrian Link not disclosed by the usual searches or notified to the Responsible Authority.

Mortgagee to be bound

The Owner covenants to obtain the consent of any mortgagee to be bound by the covenants in this Agreement if the mortgagee becomes Mortgagee in possession of the Land.

Responsible Authority’s costs to be paid

The Owner must pay immediately on demand the reasonable costs of the Responsible Authority of and incidental to the preparation, execution, registration and enforcement of this Agreement.  The Owner agrees that those costs are and remain a charge on the Land until paid. Such costs payable by the Owner shall include the costs and disbursements associated with the registration of the Agreement on the titles to the Land and removal therefrom.  

Responsible Authority access

The Owner agrees to allow the Responsible Authority to enter the Land at any reasonable time to assess compliance with this Agreement following two (2) days written notice to the Owner.

Recording of Agreement

The Owner will do all that is necessary to enable the Responsible Authority to make an application to the Registrar of Titles to make a recording of this Agreement on the Certificate of Title to the Land in accordance with Section 181 of the Act immediately upon commencement of the Agreement, including the signing of any further agreement, acknowledgment or other document.

Successors in Title

Until such time as this Agreement is registered on the certificate of title to the Land, the Owner shall ensure that successors in title will give effect to this Agreement, and do all acts and sign all documents which will require those successors to give effect to this Agreement, including executing a deed agreeing to be bound by the terms of this Agreement.

Further assurance

The parties agree that:

1. they must do or cause to be done all things that are reasonably necessary to give  effect to this Agreement; and

2. this Agreement is not intended to dedicate the Temporary Pedestrian Link as a “road” for the public.

Council Obligations

The Responsible Authority agrees:

1. the Owner will, at is discretion and with 48 hours prior written notice to the Responsible Authority, be entitled to block access to the Temporary Pedestrian Link for a 24 hour period once every 12 months.

2. that upon the Responsible Authority becoming responsible for the maintenance of the Temporary Pedestrian Link in accordance with clause 6(3) of this Agreement, it will indemnify and keep indemnified the Owner (and/or its Related Entities) in relation to all costs, expenses, losses or damages that it may sustain, incur, suffer or become liable for or in respect of any suit, action, proceeding, judgement or claim brought by any person arising from the grant of public access along the Temporary Pedestrian Link or otherwise referable to the matters set out in this Agreement (including any breach of this Agreement)which are directly related to the negligent acts, errors or omissions of the Responsible Authority, provided that the Owner is covered by appropriate third party liability insurance.

3. that upon the issue of a statement of compliance for the final stage of subdivision permitted under the Planning Permit, or four years after the date of this Agreement (which ever is the earlier), it must maintain the Temporary Pedestrian Link in a suitable condition until the Temporary Pedestrian Link is closed (the Term) to avoid or mitigate any losses or damages that may be referable to Clause (2) above.

4. that the Temporary Pedestrian Link will be closed by the Owner once the Permanent Pedestrian Link is opened to the public.

5. that neither the Responsible Authority (or any other third party) will be entitled to claim that the Temporary Pedestrian Link constitutes a “public highway” or a “road” for the public nor will any other property rights accrue.

5. Section 173 Agreement between Greater Geelong City Council and Geelong Contructions Pty Ltd for 26-28 Marsh Court, Drysdale

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 13b) of Planning Permit No. 1227/2010 issued on 26 October 2011 which allowed the construction of nine dwellings and a nine lot subdivision.

The purpose of the Agreement is to ensure that the development is constructed in accordance with the endorsed plans.

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner's Obligations

The Owner’s obligation is that they must construct the development in accordance with the endorsed plans forming part of planning permit 1227/2010 (or any amendment to that permit) or any subsequent planning permit.

Council Obligations

Nil

6. Section 173 Agreement between Greater Geelong City Council and Ionel Julian Mierla for 12 Warren Street, Thomson

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 13 of Planning Permit No. 627/2012  issued on 14 August 2012  which allowed Construction of Second Dwelling and Two (2) Lot Subdivision.

The purpose of the Agreement provides for all development to be in accordance with the endorsed plans forming part of Planning Permit 627/2012  (or any amendment to that permit) or any subsequent Planning Permit for the abovementioned site.  Before construction commences on site for the dwelling, application must be made to the Registrar of Titles to register the Section 173 Agreement on Title to the land under Section 181 of the Act.

Owner's Obligations

The owner of the land must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority which provides for all development to be in accordance with the endorsed plans forming part of Planning Permit 627/2012  (or any amendment to that permit) or any subsequent Planning Permit. The owner must pay the costs of preparation, execution and registration of the agreement and the agreement must be registered on the newly created title/s. The Section 173 Agreement may be ended by the Responsible Authority at the written request of the owner and at no cost to Council.

Council Obligations

Nil

7. Section 173 Agreement between Greater Geelong City Council and Tavis Peter Holman Myers and Caroline Anna Myers for 26 Torquay Road, Belmont

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 15 of Planning Permit No. 1466/2011 issued on 3 May 2012 which allowed construction of a second dwelling and a two (2) lot subdivision.

The purpose of the Agreement is to ensure the lots are developed in accordance with plan endorsed under Planning Permit No. 1466/2011.

This Agreement has been prepared by Council’s solicitors.

Owner's Obligations

The Owner covenants, agrees and acknowledges with the Council that all development on the Subject Land must be in accordance with the endorsed plans forming part of the Planning Permit, or any subsequent planning permit issued by the Council relating to the Subject Land.

Council Obligations

Nil

8. Section 173 Agreement between Greater Geelong City Council and Simon Michael McAuliffe for 25 Hannah Court, Lovely Banks

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 2 of Planning Permit No. 1082/2012 issued on 2 November 2012 which allowed the use and development of a replacement dwelling on a Rural allotment.

The purpose of the Agreement is to register the existing dwelling on site to be converted to a non-habitable outbuilding within three (3) months of the occupation of the new dwelling hereby permitted.  Before construction commences on site for the dwelling, application must be made to the Registrar of Titles to register the Section 173 Agreement on Title to the land under Section 181 of the Act.

This Agreement has been prepared by one of Council’s panel solicitors.

Owner's Obligations

The Owner covenants, acknowledges and agrees with the Responsible Authority that he will:

"3.

1. Convert the existing dwelling into a Non-habitable Outbuilding within 3 months of the issue of an occupancy permit under the Building Act 1993 for the dwelling to be developed on the Land in accordance with the permit; and

2. Provide a floor plan and photographic evidence the toe Responsible Authority to demonstrate that the Dwelling has been converted to a Non-habitable Outbuilding in accordance with 3(i) of this Agreement within 21 days of such conversion, to the satisfaction of the Responsible Authority."

Council Obligations

Nil

9. Section 173 Agreement between Greater Geelong City Council and Rita Posterino for 11-13 Bond Street, Newtown

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 12 of Planning Permit No. 192/2011 issued on 12 July 2011 which allowed the construction of a second double storey dwelling and garage to the existing dwelling.

The purpose of the Agreement is to register that in the event of any operational difficulties with the pump system to be installed on site it is the responsibility of the land owner to rectify these difficulties. Any pump system is to be replaced by gravity discharge if and when available.  Prior to the commencement of development, application must be made to the Registrar of Titles to register the Section 173 Agreement on Title to the land under Section 181 of the Act.

This Agreement has been prepared by one of Council’s panel solicitors.

Owner's Obligations

Prior to the commencement of developmentthe land owner must enter an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987. All costs associated with setting up the agreement must be borne by the land owner. The agreement is to be registered on title and run with the land, and is to provide to the satisfaction of the Responsible Authority:

1. In the event of any operational difficulties with the pump system, it is the Responsibility of the land owner to rectify these difficulties;

2. Any pump system is to be replaced by gravity discharge if and when available, and if directed by the Responsible Authority, at the land owner’s full cost.

Council Obligations

Nil

10. Section 173 Agreement between Greater Geelong City Council and Vincent Peter Demaio and Josephine Demaio for 72 Wilsons Road, Newcomb

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 12 of Planning Permit No. 712/2012 issued on 13 August 2012 which allowed a second dwelling and two (2) lot subdivision.

The purpose of the Agreement is to provide for all development to be in accordance with the endorsed plans forming part of Planning Permit 712/2012 (or any amendment to that permit) or any subsequent Planning Permit. The owner of the land must enter into this agreement prior to the issue of Statement of Compliance for the subdivision of the land.

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner's Obligations

The Owners covenant, acknowledge and agree with the Responsible Authority that all of the development on the land will be in accordance with the endorsed plans forming part of the Permit, or any amendment to that permit or any subsequent permit issued by the Responsible Authority.

Council Obligations

Nil

11. Section 173 Agreement between Greater Geelong City Council and 54 Percy St Pty Ltd for 54 Percy Street, Newtown

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 4 of Planning Permit No. 1248/2011 issued on 14 February 2012 which allowed the subdivision of the land into 24 lots.

The purpose of the Agreement is to provide for all development to be in accordance with the endorsed plans forming part of the Planning Permit 1510/2010 (or any amendment to that permit) or any subsequent Planning Permit. Prior to the issue of Statement of Compliance, application must be made to the Registrar of Titles to register the Section 173 Agreement on Title to the land under Section 181 of the Act.

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner's Obligations

To only develop the Subject Land in accordance with the endorsed plans forming part of the Development permit or any amendment to the Development Permit or any subsequent planning permit issued by the Council.

Council Obligations

Nil

12. Section 173 Agreement between Greater Geelong City Council and Brian and Silvana Kenwood for 3 Fellows Road, Point Lonsdale

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Planning Permit No. 1600/2011 issued on 11 May 2012 which allowed the construction of two (2) dwellings and subdivision of the land into two (2) lots.

Owner's Obligations

The agreement must set out the following matters:

1. The building envelope and defendable space envelope to achieve the Bushfire Attack Level approved under this permit.

2. Vegetation management requirements and arrangements suitable to implement and maintain the defendable space approved under this permit.

3. The access and water supply requirements approved under this permit.

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Council Obligations

Nil

13. Section 173 Agreement between Greater Geelong City Council and Melinda Mary Lee for 195 Merrawarp Road, Ceres

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 2 of Planning Permit No. 558/2012 issued on 22 June 2012 which allowed the construction of a replacement dwelling on a rural allotment.

The purpose of the Agreement is to register the existing dwelling on site to be wholly removed or demolished within three (3) months of the occupancy of the new dwelling hereby permitted on the abovementioned site. 

Before construction commences on site for the dwelling, application must be made to the Registrar of Titles to register the Section 173 Agreement on Title to the land under Section 181 of the Act.

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner's Obligations

1. That within three (3) months of issue of an occupancy permit under the Building Act 1993 for the Replacement Dwelling the existing dwelling situated on the Subject Land as at the date of commencement of this Agreement will be removed from the Subject Land or demolished to the satisfaction of the Council;

2. To bring this Agreement to the attention of any mortgagee of the Subject Land and any assignee, transferee, lessor or licensee of the Subject Land;

3. To carry out and comply with the requirements of all statutory authorities and comply with all statutes, regulations, local laws and planning controls in relation to the Subject Land; and

4. To take all necessary steps to comply with the obligations of each and every clause in this Agreement.

Council Obligations

Nil

14. Section 173 Agreement between Greater Geelong City Council and Greg Raymond Jones and Lisa Joy Jones for 31 Pleasant Street, Newtown

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was the requirement by Council for consent to construct a dwelling on land liable to flooding.

The purpose of the Agreement is to register obligations relating to the construction of a dwelling on land liable to flooding

This Agreement has been peer reviewed by one of Council’s panel solicitors.

Owner's Obligations

The owner is to accept full risk and responsibility for any flood related damage and is to indemnify the Greater Geelong Council, its Officers and Agents from any claims resulting from flooding.

Council Obligations

Nil

15. Section 173 Agreement between Greater Geelong City Council and Neetibroota and Manu Khurana for 3 Victoria Street, North Geelong

Officers’ Comments

This Agreement pursuant to Section 173 of the Planning and Environment Act 1987 was required by Condition 4 of Planning Permit No. 791/2012 issued on 19 July 2012 which allowed the subdivision of land in to two allotments.

The purpose of the Agreement is to provide for all development of the land to be in accordance with the endorsed plans forming part of Planning Permit 1210/2011 (or any amendment to that permit) or any subsequent Planning Permit.

This Agreement has been prepared by one of Council’s panel solicitors.

Owner's Obligations

The Owner covenants, acknowledges and agrees with the Responsible Authority that all development on the Land shall be in accordance with the endorsed plans forming part of the Development Permit (or any amendment to the Permit) or any subsequent planning permit issued by the Responsible Authority.

Council Obligations

Nil

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