Amended ADLS Terms
–
–
2. Indicative layout: An indicative layout wil be developed to test the viability of the 1.6Ha site
and characteristics
. This indicative layout wil help refine the overal
concept to the specific site and may result in a variation to key features such as density,
.
3. A Planning Assessment (based upon
and constraints for the 1.6Ha site as wel as the whole 9.4Ha site.
4. Programming and procurement:
the procurement of external
required.
5. Design Review:
can tailor in-house
-
tested outcomes for items 1 and 2 of the proposed deliverables.
an external review. For the scope proposed it is consider appropriate that
UPD TIMEFRAME:
4 - 6 weeks to complete items 1, 2, 3, 4 above pen
sufficient data or direction upon the district plan,
three waters esp. storm water.
NEXT STEPS
expectations for involvement.
C
.
Complete GAP analysis with Council files.
Establish project structure
roles and responsibilities
for project deliverables
.
Identify any resources or consultants required to support the development of the
masterplan and yield assessments.
isk -
ectations for development
Notes.
1.
master planning wil incorporate but not be limited to design methodologies described by
the NZ Urban Design Protocol (The Seven C’s),
design guides for architecture and
landscape, and wil utilise where necessary specific skil s internal to
Crime Prevention
Though Environmental Design.
2.
comes per Minutes of Project Partner meeting held Thursday 21 April 2022 as fol ows: Note some
of these are beyond the scope and influence of
oposed Urban Planning and Design
Services.
Ngati Rangi.
a.
Whanau transformation; create enduring communities.
b.
Homes fit for family growing up together – opportunity for al residents to be part of connected
community.
c.
Look to future – 1000-year plan; understand past to build community with stories – enable
connection to the area.
d.
Improve labour market model – currently based on seasonal work and low annual income.
Ruapehu District Council.
a.
Affordable Worker Housing – mixed ownership models; affordable rentals.
b.
Social Housing that meets MSD criteria.
c.
Regeneration Fund to enable ongoing housing initiatives.
d.
Resourcing – costs of consultants and funding for infrastructure.
e.
.
a. Mix of three types of housing including Protected Rental Housing, Affordable Housing, and
Social/Public Housing.
b. Learn what demand is from the project.
c. Master Plan for the whole site.
d. New Governance Model – fit for purpose – looking for it to be repeatable elsewhere.
Form 18
Encumbrance instrument
(Section 100 Land Transfer Act 2017)
Land registration district
Record of Title (unique identifier)
Al /part Area/description of part
[Super Lot title]
[Al /part]
[if part insert Lot and DP]
Encumbrancer
Surname(s) must be underlined.
Ruapehu District Council
Encumbrancee
Surname(s) must be underlined.
Ruapehu District Council
Estate or interest to be encumbered
Insert, eg, fee simple, leasehold in lease number, etc.
Fee simple
Encumbrance memorandum number
N/A
Nature of security
State whether sum of money, annuity, or rentcharge, and amount.
$350.00 (three hundred and fifty dol ars) per day (plus GST) (subject to clause 3)
Operative clause
The Encumbrancer encumbers for the benefit of the Encumbrancee the land in the above record
of title(s) (“the Land”) with the above sum of money to be raised and paid in accordance with the
terms set out in the [above encumbrance memorandum] Annexure Schedule(s) and so as to
incorporate in this encumbrance the terms and other provisions set out in the [above
encumbrance memorandum] Annexure Schedule(s) for the better securing to the Encumbrancee
the payment(s) secured by this encumbrance, and compliance by the Encumbrancer with the
terms of this encumbrance.
Terms
.
1 Length of term 50 years
2 Payment date(s) See Annexure Schedule 1
3 Rate(s) of interest See Annexure Schedule 1
4 Event(s) in which the sum, annuity, or rentcharge becomes payable See Annexure
Schedule 1
5 Event(s) in which the sum, annuity, or rentcharge ceases to be payable See Annexure
Schedule 1
Covenants and conditions
See Annexure Schedule 1
Modifications of statutory provisions
N/A
Annexure Schedule 1
Insert instrument type
Encumbrance
BACKGROUND
A
The Encumbrancer, including its successors and assigns, is the registered owner of the Land.
B
The Encumbrancer intends to sel the Land in accordance with the terms of the agreement for sale
and development between Ruapehu District Council as vendor and Housing New Zealand Build
Limited as purchaser (hereinafter referred to as the "purchaser") [dated - parties to add date]
("Development Agreement").
C
The terms of the Development Agreement require that the Land wil be developed as residential
homes.
D
The Encumbrancer has agreed to encumber the Land to secure compliance by the Encumbrancer with
the terms of the Development Agreement.
TERMS
1
Capitalised terms used where not otherwise defined have the meanings attributed to them in
the Development Agreement
2
The Term commences on the date the Encumbrancer registers a transfer of the Land to the
purchaser pursuant to the Development Agreement.
3
The Encumbrancer encumbers the Land for the benefit of the Encumbrancee during the Term
with a daily rentcharge as described on the front page of this instrument to be paid, subject to
clause 4, if demanded by the Encumbrancee.
4
The Encumbrancee may demand payment of the rentcharge at any time during the Term, but
only in respect of each day during the Term that the Encumbrancer is in breach of the terms of
this Encumbrance. If, on any day during the Term, there is no subsisting breach of the terms of
this Encumbrance, the Encumbrancer is not required to pay the rentcharge for that day.
5
The rent charge secures the due performance of the obligations under this instrument
throughout the Term. The terms of this instrument are to operate for the whole of the Term,
and the Encumbrancer shal not be entitled to a discharge of this instrument during the Term
(other than in accordance with clauses 12 and 13), whether by payment of the total amount
secured by this instrument or otherwise.
6
The rentcharge payable wil be adjusted annual y by reference to the Consumer Price Index (Al
Groups) published by the Statistics New Zealand (or any successor organisation).
COVENANTS
7
The Encumbrancer wil undertake the development and sale of the Land in accordance with the
terms of the Development Agreement including (but without limitation):
(a)
in respect of each Home that is contemplated to be constructed under the
Development Agreement, ensuring that the plans, designs and specifications of such
Homes comply at al times with Design Review Panel approval, the Development
Framework and the terms of the Development Agreement in al respects;
(b)
the requirement (if any) of the Encumbrancer to obtain separate records of title for
each of the Lots to be created pursuant to the Development Agreement; and
(c)
the requirement (if any) for the Encumbrancer to pay to the Encumbrancee any
payments due under the Development Agreement.
8
Failure to comply with this covenant shal result in the Encumbrancee or its successor taking
whatever remedial action necessary at the expense of the Encumbrancer to remedy default
under this clause.
9
The Encumbrancee may assign their powers of approval rights of enforcement in respect of the
covenants in this instrument to any suitably qualified and experienced person, persons or
organisations. The decision of such person, persons or organisation shal be binding on the
Encumbrancer as if made by the Encumbrancee.
10
If there is any breach or non-observation of the covenants the Encumbrancer wil upon written
demand being made by the Encumbrancee, or any person appointed by the Encumbrancee
pursuant to clause 9 above:
(a)
pay the person making such demand as liquidated damages the rentcharge described
on the front page of this instrument per breach for every day that such breach of
non-observation continues;
(b)
at the cost of the Encumbrancer, remove or cause to be removed from the Land any
structure, material building, erection that does not comply with these covenants; and
(c)
at the cost of the Encumbrancer, replace any structure, material building, erection
that does not comply with these covenants.
11
The remedies in clause 9 are without prejudice to:
(a)
any other liability which the Encumbrancer may have to any person having the
benefit of these covenants; and
(b)
the remedies specified in the Development Agreement.
12
Provided there is no subsisting breach or non-observance of these covenants or the terms of the
Development Agreement, the Encumbrancer is entitled to a discharge of this Encumbrance on
the date the Land has been developed in accordance with the Development Agreement and a
code compliance certificate has issued in respect of each Home on the Land.
13
Provided there is no subsisting breach or non-observance of these covenants or the terms of the
Development Agreement, the Encumbrancer is entitled to a partial discharge of this
Encumbrance at the request of the Encumbrancer:
(a) in respect of any title on which one or more Homes have been built, promptly fol owing the
issue of code compliance certificates in respect of al of the Homes on that title; or
(b) relating to any part of the Land required to vest as road or reserve on the date that the
subdivision for the vesting is to be registered.
ENCUMBRANCEE CONSENT
14
The Encumbrancee consents to the registration of any of the fol owing instruments executed by
the Encumbrancer in respect of the Land or any part of the Land, but without prejudice to the
Encumbrancee's rights under this instrument:
(a)
the creation, variation or surrender of an easement (section 108, 110 and 112 Land
Transfer Act 2017);
(b)
a variation of a mortgage instrument (section 101 and 102 Land Transfer Act 2017);
(c)
the deposit of a plan of subdivision in respect of the Land that does not result in this
instrument ceasing to have effect in respect of al or any part of the Land (except
where that land is to vest as road or reserve).
This consent is deemed to be the consent of the mortgagee (which term includes the
Encumbrancee) as specified in the Land Transfer Act 2017, to the registration of a particular
instrument specified in sub-paragraphs (a), (b) and (c) of the paragraph above. A certifyinq
practitioner may certify that the Encumbrancee has consented to the registration of any
instrument described in this clause 14 and that the certifying practitioner holds that consent. If
it is determined that written consent is required from the Encumbrancee (rather than deemed
consent under this clause 14) then the Encumbrancee shal as soon as practical at the request of
the Encumbrancer, give that written consent.
15
Notwithstanding the provisions of the Land Transfer Act 2017, the Encumbrancer must not
register a transfer instrument against the title to the Land (or any part of the Land) without first
acquiring the consent of the Encumbrancee. The Encumbrance wil provide consent where the
transfer:
(a)
wil not breach the terms of the Development Agreement; or
(b)
is to a party to whom the Development Agreement is simultaneously lawful y
assigned.
IMPLIED TERMS
16
The Encumbrancee wil be entitled to al of the rights, powers, remedies and implied covenants
given to encumbrancees pursuant to the Land Transfer Act 2017 and the Property Law Act 2007.
GENERAL
17
This instrument is binding on al transferees, tenants, lessees, mortgagees, chargeholders of any
estate or interest in the Land and their respective successors in title and assigns. Where this
instrument binds or benefits a party, it shal bind or benefit that party jointly and several y.
18
The Encumbrancer wil :
(a)
pay al legal costs and disbursements incurred in the enforcement of this instrument,
in respect of any consents sought by the Encumbrancer from the Encumbrancee to
the registration of any instrument, in respect of the provision of any partial or ful
discharge of this instrument, and in respect of the performance and observance by
the Encumbrancer of this instrument including legal costs on a solicitor/client basis;
and
(b)
otherwise indemnify the Encumbrancee against any claims, loss and expense incurred
by the Encumbrancee as a consequence of the Encumbrancer failing to comply with
the terms of this instrument.
19
The Encumbrancer shal only be liable under this instrument for any breach of this instrument
by the Encumbrancer occurring while that Encumbrancer is the registered owner of the Land.
20
No delay or failure by the Encumbrancee to enforce performance of any term of this instrument
and no indulgence granted to the Encumbrancer by the Encumbrancee shal prejudice the rights
of the Encumbrancee to enforce any of the terms of this instrument.
21
The rights and obligations of the Encumbrancee under this instrument may be transferred by
the Encumbrancee.
22
If any person chal enges the enforceability of this instrument, or for any reason this instrument
is required to be discharged or removed from the record of title(s) of the Land, while the
obligations under this instrument are, or would be, on the face of the wording of this
instrument stil required to be performed or observed, then the Encumbrancer agrees to accept,
execute, deliver, and register against the record of title(s) of the Land (if applicable) any
documents, and to do al other things, as are reasonably required by the Encumbrancee to
secure the due performance and observance of the obligations expressed to operate under this
instrument on the face of the wording of this instrument.
23
Notwithstanding anything to the contrary in this Encumbrance Instrument:
a) The Encumbrancee or Encumbrancer, if the Ruapehu District Council or its local government
successor, must comply with its duties and exercise the rights conferred on it by the Local
Government Act 2002, the Resource Management Act 1991, and any other enactment; and
b) Nothing in this Encumbrance Instrument shal be taken as preventing the Encumbrancee or
Encumbrancer, if the Ruapehu District Council or its local government successor, from
exercising its regulatory functions.
Form 26
Covenant Instrument to note land covenant
(Section 116(1)(a) & (b) Land Transfer Act 2017)
Covenantor
Ruapehu District Council
Covenantee
Ruapehu District Council
Grant of Covenant
The Covenantor, being the registered owner of the burdened land(s) set out in Schedule A, grants
to the Covenantee in gross the covenant(s) set out in Schedule A, with the rights and powers or
provisions set out in the Annexure Schedule(s).
Schedule A
Purpose of covenant
Shown (plan
Burdened Land
In gross
reference)
(Record of Title)
No objections
N/A
WN24D/752
Ruapehu District
Council (in gross)
Annexure Schedule A - Covenant rights and powers (including terms, covenants and conditions)
Page 1 of 2 Pages
Covenant
BACKGROUND
A
The Covenantee is designing and directing a development of land in accordance with a
master plan to create an integrated urban community and which development incorporates
the Burdened Land (“Teitei Drive Development”).
B
The Covenantor intends to sel the Burdened Land for development by a third party as part of
the Teitei Drive Development.
C
The Covenantor has agreed to covenant to the Covenantee in the manner set out in this
instrument.
COVENANTS
No Objection
1
The Covenantor wil al ow the Covenantee to undertake the Teitei Drive Development
(whether personal y or otherwise) without undue interference, objection, opposition or
restraint.
2
The Covenantor wil not:
2.1
make nor support any objection to or submission opposing any application for
resource consent, or for district or regional plan changes or any other authorisation
facilitating the Teitei Drive Development;
2.2
take issue against or cause any delay to any such application, district or regional plan
change or other authorisation;
2.3
bring any submission, application, appeal or proceedings that is designed or
intended to limit, prohibit or restrict the carrying on by the Covenantee of any lawful
activity forming part of the Teitei Drive Development;
2.4
support, finance or contribute to the cost of any such submission, application,
appeal or proceedings;
2.5
encourage or assist any party to undertake any of the actions which the Covenantor
has agreed not to undertake and wil not procure any other party to do so; and
Type text here
2.6
object (and waives any right to do so) to methods employed by the Covenantee in an
endeavor to sel other lots forming part of the Teitei Drive Development provided
such methods do not cause unreasonable interference with the Covenantor’s
development and sale of the Burdened Land.
General
3
The obligations in clause 2 apply notwithstanding that the Teitei Drive Development (or any
part of it) may be undertaken, not by the Covenantee personal y, but by third parties in
accordance with the design and direction of the Covenantee.
4
Where the Covenantor commits a breach of any provision of this covenant, the Covenantee
may serve a written notice on the Covenantor specifying the breach and requiring the breach
to be remedied within a specified period, such period to be not less than fourteen days from
the date of the Covenantee’s notice. If the Covenanter fails to remedy the breach at the end
of the specified period, the Covenantee shal be entitled to take such action as is necessary
and expedient to enforce compliance with this covenant.
5
The Covenantee is entitled to recover as a debt due from a defaulting Covenantor al costs
(including solicitors costs) incurred by the Covenantee in securing or attempting to secure
compliance with this covenant by the defaulting Covenantor and the Covenantor wil
indemnify the Covenantee from al proceedings, costs, claims, and demands in respect of any
breach by the Covenantor.
6
This covenant binds the Covenantor's successors in title so that the contemporaneously with
the acquisition of any interest in the Burdened Land al such successors in title must comply
with the covenants given by the Covenantor contained in this instrument.
7
The Covenantee may assign the benefit of this covenant to any other person having overal
responsibility for the design and implementation of the Teitei Drive Development.
8
Notwithstanding anything to the contrary in this Covenant Instrument:
(a)
The Covenantor or Covenatee, if the Ruapehu District Council or its local
government successor, must comply with its duties and exercise the rights
conferred on it by the Local Government Act 2002, the Resource Management Act
1991, and any other enactment; and
(b)
Nothing in this Covenant Instrument shal be taken as preventing the Covenantor
or Covenatee, if the Ruapehu District Council or its local government successor,
from exercising its regulatory functions.
Access Licence (Preliminary and Infrastructure)
Land at Teitei Drive, Ohakune
HOUSING NEW ZEALAND BUILD LIMITED
RUAPEHU DISTRICT COUNCIL
ACCESS LICENCE (PRELIMINARY AND INFRASTRUCTURE) LAND AT TEITEI DRIVE, OHAKUNE
Date:
PARTIES
HOUSING NEW ZEALAND BUILD LIMITED
RUAPEHU DISTRICT COUNCIL
BACKGROUND
A
Under the Agreement the Licensor agreed to sel and the Licensee agreed to purchase and develop
the Super Lot at Teitei Drive, Ohakune.
B
The Licensor has agreed to grant the Licencee a licence to access the Licensed Land for the purpose
of undertaking the Preliminary and Infrastructure Works and the Licensee has agreed to take such a
licence.
C
The Licensor and the Licensee have agreed to enter into this Licence recording the agreement
reached between them for access to the Licensed Land.
This Licence
Specific Terms and General Terms.
SIGNATURES
SIGNED on behalf of
HOUSING NEW ZEALAND BUILD LIMITED
by its authorised signatory as the Licensee
in the presence of:
Signature of witness
Authorised signatory
Ful name (please print)
Occupation
City/town of residence
GENERAL TERMS
1
Grant of Licence
1.1
In consideration of the Licence Fee, the Licensor grants the Licensee a non-exclusive licence to
access the Licensed Land for the purposes of undertaking the Preliminary and Infrastructure Works
in accordance with the terms of the Agreement.
1.2
The Licence is granted for the period from the Licence Commencement Date until the Licence Expiry
Date.
1.3
The Licensee is deemed to have control and direction of the Licensed Land from the Licence
Commencement Date until the Licence Expiry Date.
2
Covenants by the Licensee
2.1
The Licensee wil at al times during the term of this Licence:
(a)
comply with al terms of the Agreement;
(b)
use the Licensed Land only for the purposes of undertaking the Preliminary and
Infrastructure Works;
(c)
comply with al regulatory requirements including Health and Safety Legislation and the
provisions set out further in clause 3;
(d)
consult, co-operate and coordinate their activities with any other persons having lawful
access to the Licensed Land;
(e)
take al reasonable steps to limit their carbon footprint in undertaking the Preliminary and
Infrastructure Works and comply with any applicable requirement of the Ministry of
;
(f)
if so requested, provide the Licensor with such evidence or information as it reasonably
requires to verify satisfactory performance of the Licensee obligations under this clause 2;
(g)
keep the Licensed Land in a clean and tidy state and free of any accumulation of rubbish and
lawful y and properly
Act 1991) from the Licensed
Land (whether or not those activities are a breach of this Licence);
(h)
remove any trespasser from the Licensed Land and any employee, contractor, agent, invitee
or visitor of the Licensee who fails to comply with the terms of this Licence; and
(i)
if required by the Licensor, promptly and at the cost of the Licensee, make good any loss or
damage to the
or the property of any third party arising from the
Licensee's activities pursuant to the Licence;
2.2
If any machinery is to be used in completing the Preliminary and Infrastructure Works, the Licensee
wil :
(a)
maintain al machinery employed in good and safe working condition;
(b)
comply with al certification and other legal requirements in relation to any machinery or
equipment used on the Licensed Land and to comply with al applicable legislation in relation
to its undertaking of the Preliminary and Infrastructure Works;
(c)
operate any machinery and equipment and to undertake the Preliminary and Infrastructure
Works in a proper and workmanlike manner in accordance with industry standards and
practices; and
(d)
take reasonable care not to damage any buildings, fences, gates or other structures on the
Licensed Land.
3
Compliance with Laws and Health and Safety
3.1
In undertaking the Preliminary and Infrastructure Works and otherwise complying with the its
obligations under this Licence, the Licencee wil at al times (and at its cost) comply strictly with and
take al practicable steps to ensure compliance by its invitees with the requirements of al relevant
Laws, including (without limitation) the Building Act 2004, the Resource Management Act 1991, the
Health and Safety at Work Act 2015, the Immigration Act 2009 and the Employment Relations Act
2000 (al as amended or updated from time to time).
3.2
The health and safety requirements of the parties as set out in the Agreement are deemed to apply
to this Licence as if they were set out here in ful and the Licencee and the Licensor wil comply with
such requirements.
3.3
The Licensee wil be responsible for health, safety and security for the Preliminary and
Infrastructure Works immediately on the Licence Commencement Date on the basis that the
Licensee wil have control and direction of al health and safety matters in the undertaking of the
Preliminary and Infrastructure Works and the Licensor wil have no liability in respects of the
3.4
The Licensee must, as soon as reasonably practicable, give the Licensor written notice in accordance
with the requirements of the Agreement, if, during the term of the Licence:
(a)
any serious injury or property damage occurs;
(b)
a Government Agency issues a notice, order or fine;
(c)
a Government Agency commences an investigation or prosecution; or
(d)
the Licensee or an employee agent or contractor of the Licensee is required by any legislation
to give a notice or a report to a third party or Government Agency.
3.5
For the purposes of clause 3.4 "Government Agency" means any government or governmental,
administrative, monetary, fiscal or judicial body, department, commission, authority, tribunal,
agency or entity in any part of the world.
3.6
The Licensee must, as soon as practicable after giving such notice, provide the Licensor with a
written report setting out reasonable details of the relevant happenings preceding such notice.
4
Licensor Covenants
4.1
The Licensor wil provide to the Licensee non-exclusive access to the Licensed Land as provided in
clause 1, subject to the provisions contained in clause 5.
4.2
The Licensor is under no obligation to maintain the Licensed Land and the Licensee wil have no
claim against the Licensor for any damage or loss arising in any way from the state of the Licensed
Land.
5
Licensor Access
5.1
The Licensor wil at al times after the Licence Commencement Date be entitled to access the
Licensed Land to carry out any work reasonably necessary for the Development including the
Project.
5.2
The Licensee must minimise any interference with the Licensor and its use of the Licensed Land and
must cooperate and coordinate with the Licensor, in order to integrate the timing of the Preliminary
and Infrastructure Works and any works to be undertaken by the Licensor. The parties must act
reasonably and in good faith in relation to the giving and coordination of that access.
6
Insurance
6.1
The insurance obligations under the Agreement apply and extend to cover the actions and
omissions of the Licensee under this Licence. The Licensee wil , where requested by the Licensor,
provide the Licensor evidence of the currency of the cover set out in this clause.
7
Termination
7.1
Either party may terminate this Licence by giving 15
to the other party,
given in the manner required by the Agreement.
7.2
At the expiry or earlier termination of the Licence the Licensee must:
(a)
vacate the Licensed Land;
(b)
leave the Licensed Land in a clean and tidy state and in a good state of repair having regard
to its condition at the Licence Commencement Date;
(c)
if reasonably required by the Licensor, reinstate the Licensed Land to the condition it was in
at the Licence Commencement Date.
8
No interest in land
8.1
This Licence is contractual only and does not give the Licensee any title or interest in the Licensed
Land.
9
Dispute Resolution
9.1
Al disputes between parties arising under or in relation to this Licence must be determined in
accordance with the dispute resolution provisions contained in the Agreement.
10
Licence not transferable
10.1
This Licence is personal to the Licensee and the Licensee must not al ow access to any part of the
Licensed Land to any party other than as their invitee.
11
Interpretation
11.1
In this Licence, unless the context otherwise requires, al words defined or capitalised shal have the
same meaning as defined in the specific terms of this Licence or otherwise as defined in the
Agreement. In the event of a conflict between the Agreement and this Licence, the License shal
prevail.
12
Costs
12.1
Each party wil pay its own costs of and incidental to the negotiation, preparation and execution of
this Licence.
12.2
Any legal costs (as between solicitor and client) of and incidental to the proper enforcement or
attempted enforcement of
rights, remedies and powers under this Licence shal be paid for
by the party against whom the enforcement action is taken.
13
Electronic signing
13.1
The parties consent to this Licence being in electronic form, and signed by either of them
electronical y and acknowledge that an electronic signature to this Licence is binding and valid.
