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    Notice of Intention to Grant an Option to Purchase Land and to Sell Land 544

    Page URL: https://www.wodonga.vic.gov.au/Have-your-say/Past-Consultations/2020/Notice-of-Intention-to-Grant-an-Option-to-Purchase-Land-and-to-Sell-Land-544

    Notice of Intention to Grant an Option to Purchase Land and to Sell Land 544

     /  Have your sayPast Consultations2020Notice of Intention to Grant an Option to Purchase Land and to Sell Land 544

    Notice of Intention to Grant an Option to Purchase Land and to Sell Land 544

    Closed
    14
    Dec

    Wodonga City Council (Council) gives notice under Section 189 of the Local Government Act 1989 (Act) that it intends to grant two options to purchase land, and sell that land, as described below (Proposal).

    The land which is the subject of the Proposal is:

    • the parcels shown hatched on ‘Plan 1’ below, being part of the land contained in certificate of title volume 11607 folio 544 and  549 and having an area of 17.6 hectares (Site One); and
    • the parcel shown hatched on ‘Plan 2’ below, being the whole of the land contained in certificate of title volume 11607 folio 545 and having an area of 42.1 hectares (Site Two).

    Plan 1

    Plan 2

    1. Option to purchase Site One

    The proposal is that Council grant an option to purchase Site One to Derwent Industries Pty Ltd ACN 096 997 152 and/or nominee (Purchaser) on the following terms:-

    1.1 the option will be exercisable at any time prior to December 31, 2021, provided the Purchaser has made an application for a planning permit to use Site One for a foundry and steel manufacturing and storage facility (Site One Permit), within 6 months after the date of the option for Site One;

    1.2 a purchase price of $5 per square metre plus GST;

    1.3 payment of a deposit of 10% of the price on exchange of the contract of sale for Site One (Site One Contract);

    1.4 the sale of Site One will be conditional on:
         1.4.1 Council procuring registration of a plan of subdivision to create Site One as a separate parcel (Site One Subdivision Plan);
         1.4.2 discontinuance of the road forming part of Site One, subject to Council’s compliance with its statutory obligations, and Council resolving to sell it to the Purchaser; and
         1.4.3 the Purchaser procuring the Site One Permit;

    1.5 settlement of the Site One Contract to be due on the date which is 30 days after the later of:
         1.5.1 the date of the Site One Contract;
         1.5.2 the date of registration of the Site One Subdivision Plan;
         1.5.3 the date on which Council resolves to discontinue and sell the road forming part of Site One; and
         1.5.4 the date on which the Site One Permit is granted; and

    1.6 the Purchaser will be required to enter into an agreement with Council pursuant to section 173 of the Planning and Environment Act 1987 in respect of Site One, which requires the Purchaser to commence and practically complete its development of Site One in accordance with the Site One Permit within specified timeframes.

    2. Option to purchase Site Two
    The Proposal is that Council grant an option to purchase Site Two to the Purchaser on the following terms:-

    2.1 the option will be exercisable at any time between the date of settlement of the Site One Contract and December 31, 2023, provided that:
         2.1.1 the Purchaser has made an application for a planning permit to use Site Two for a foundry and steel manufacturing and storage facility (Site Two Permit), by no later than June 30, 2023; and
         2.1.2 the Purchaser shall not be entitled to exercise the option if the option for Site One expires or is terminated, or if the Site One Contract is terminated for any reason;

    2.2 a purchase price of $5 per square metre plus GST;

    2.3 payment of a deposit of 10% of the price on exchange of the contract of sale for Site Two (Site Two Contract);

    2.4 the sale of Site Two will be conditional on:
         2.4.1 Council procuring registration of a plan of subdivision to create Site Two as a separate parcel (Site Two Subdivision Plan); and
         2.4.2 the Purchaser procuring the Site Two Permit;

    2.5 settlement of the Site Two Contract to be due on the date which is 30 days after the later of:
         2.5.1 the date of the Site Two Contract;
         2.5.2 the date of registration of the Site Two Subdivision Plan; and
         2.5.3 the date on which the Site Two Permit is granted; and

    2.6 the Purchaser will be required to enter into an agreement with Council pursuant to section 173 of the Planning and Environment Act 1987 in respect of Site Two, which requires the Purchaser to commence and practically complete its development of Site Two in accordance with the Site Two Permit within specified timeframes.

    A person may make a submission on the proposal.

    Any person proposing to make a submission under section 223 of the Act must do so by 5pm on Wednesday, December 14, 2020.

    All submissions will be considered in accordance with section 223 of the Act.

    Submissions should be addressed to the Chief Executive Officer, and can be delivered to Council’s Office at 104 Hovell St, Wodonga or posted to the following address:

    Chief Executive Officer
    Wodonga City Council
    PO Box 923
    WODONGA VIC 3689

    Any person requesting to be heard in support of his or her submission is entitled to be heard before Council (or a Committee established by Council for this purpose) or be represented by a person acting on his or her behalf, and will be notified of the time and date of the hearing.

    Mark Dixon
    Chief Executive Officer
    Wodonga City Council

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