02.10.2014 Views

o_1937aahn31ruc1bt9ajr12u811a.pdf

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

8<br />

2. RESERVATION<br />

2.1 The Developer hereby agrees to forthwith implement:<br />

(a)<br />

(b)<br />

(c)<br />

the Reservation;<br />

the Option;<br />

the Project<br />

and any other activities contemplated by this Agreement on and from the<br />

Commencement Date.<br />

2.2 In consideration for the Reservation, the Option and the covenants and<br />

obligations of the Developer pursuant to this Agreement, the Lot Holder<br />

agrees to do the following:<br />

(a)<br />

(b)<br />

pay the Reservation Fee;<br />

do all things and sign all documents as may be reasonably required<br />

of it by the Developer to carry out the Project.<br />

2.3 In consideration for the Lot Holder paying the Reservation Fee and agreeing<br />

to the covenants and obligations contained in this Agreement, the<br />

Developer agrees to do the following:<br />

(a)<br />

use its best endeavours to develop the Property in<br />

accordance with the Concept Plan; (b)incur the Project<br />

Expenses associated with the Project;<br />

(c)<br />

(d)<br />

carry out any other act, service or thing reasonably required to<br />

carry out the Project; and<br />

grant the Option to purchase the Property to the Lot Holder.<br />

2.4 The Developer shall use its best endeavours and do all acts and execute all<br />

such documentation to:<br />

(a) obtain all necessary Planning and Development Approvals as<br />

soon as is practicable following the Commencement Date.<br />

2.5 The parties acknowledge and agree that if any Development Approvals are<br />

refused, or granted on conditions not acceptable to the Developer (and in<br />

this regard the Developer agrees not to unreasonably maintain that the<br />

Development Approvals are granted on terms and conditions not<br />

acceptable to it) the Developer may, in its absolute discretion:<br />

(a)<br />

(b)<br />

make application to the Victorian Civil and Administrative Tribunal<br />

(Planning List of the Administrative Division) against such refusal or<br />

unacceptable conditions and use its best endeavours in pursuing<br />

such application;<br />

make such variations to the Concept Plan or Plan of Subdivision or<br />

any other relevant documentation so as to obtain the necessary<br />

Planning and Development Approvals;

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!