Forrest Place and City Station Development Act 1985

In this Agreement unless the contrary intention appears —

“advise”, “agree”, “apply”, “approve”, “consent”, “demand”, “direct”, “give notice”, “notify”, “request”, or “require”, means advise, reach agreement, apply, approve, consent, demand, direct, give notice, notify, request, or require in writing as the case may be and any inflexion or derivation of any of those words has a corresponding meaning;

“Agreement in Principle” means the Memorandum of Agreement annexed to the Deed;

“AHD” means the Australian Height Datum which is the datum surface derived in accordance with the formula for that datum within the Perth Metropolitan Zone as specified by the Surveyor General of Western Australia and set out in the Australian Height Datum (AHD) National Mapping Council of Australia Special Publication 8 (1979) or in any publication amending or in substitution thereof;

“Architect” means the architect engaged by the City on its own behalf and as agent for the State for the Project, from time to time;

“Armstrong Jones” means Armstrong Jones Management Ltd. of 15 William Street, Perth;

“Australia Post” means the Australian Postal Commission which is a body corporate constituted under the Postal Services Act 1975 of the Commonwealth of Australia;

“Basement Entry and Exit Ramps” whether referred to separately or together means those parts of the Basement Reserve commencing at ground level north of the northern boundary of the Myer W.A. Land descending into the Basement Reserve, and ascending from the Basement Reserve to ground level and terminating north of the northern boundary of the Northwest Corner Land, which ramps provide access to and from the Basement Reserve;

“Basement Plan” means the plan in Item 1 of the First Schedule;

“Basement Reserve” means that part of the Reserved Land comprised in the Basement Plan;

“Carillon Land” means all that land being Portion of each of Perth Town Lots F14 and F15 and being Lot 101 the subject of Diagram 62479 and being the whole of the land comprised in Certificate of Title Volume 1669 Folio 980;

“City Arcade” means City Arcade Pty. Ltd. of 207 Murray Street Perth;

“City Arcade Land” means all that land being portion of each of Perth Town Lots F15 and F16 and being Lot 100 the subject of Diagram 60166 and being the whole of the land comprised in Certificates of Title Volume 1665 Folio 818 and Volume 1583 Folio 980;

“City Station Complex” means the building to be constructed over the Westrail Land within the City Station Reserve as indicated on the Schematics;

“City Station Complex Plan” means the plans in Item 2 of the First Schedule;

“City Station Complex Reserve” means that part of the Reserved Land comprised in the City Station Complex Plan;

“Clause” means a clause of this Agreement;

“Commonwealth Bank” means Commonwealth Banking Corporation a body corporate constituted under the Commonwealth Banks Act 1959 of the Commonwealth of Australia;

“Crown” means the Crown in the right of the State of Western Australia;

“Deed” means the Deed made on 5 December 1984 between the Involved Parties as varied by subsequent deeds made between the Involved Parties;

“Design Drawings” means the drawings plans and data for the Project to be prepared and issued by the Architect prior to 30 November 1985 as varied in accordance with this Agreement which drawings will enable the Parties to proceed with the implementation of the Project;

“Dollars” means the local currency of the Commonwealth of Australia in force at the date of execution of this Agreement;

“DPA” or “Development Plan Agreement” means the agreement the execution of which is contemplated by Clause 4(6), as amended, varied or added to from time to time by the parties thereto;

“Due Date” means 1 February 1986;

“Forrest Place Land” means all that land from Wellington to Murray Street as shown in brown on LTO Plan 4845;

“Ground Level Plan” means the plan in Item 3 of the First Schedule;

“Ground Level Reserve” means that part of the Reserved Land comprised in the Ground Level Plan and includes all escalators and lifts situated on or to be constructed on the land the subject of the Ground Level Reserve in accordance with the Design Drawings;

“Indirect Costs” means the fees costs expenses premiums and charges for the Project incurred:

and

and such other like fees costs expenses premiums and charges for the Project incurred either before or after the execution of this Agreement but does not include the Project Costs;

“Interested Parties” means Commonwealth Bank, Australia Post, Myers W.A., Myer Joint Venture, Armstrong Jones, W.A. Trustees, City Arcade and Westpac;

“Involved Parties” means the State, the City, Australia Post, Commonwealth Bank, Westrail, Myer Properties Ltd, City Arcade, Westpac and Armstrong Jones;

“Minister” means the Minister in the Government of the State for the time being responsible (under whatsoever title) for the administration of the Act to ratify this Agreement and pending the coming into operation of that Act means the Minister for Planning and includes the successors in office of the Minister;

“Myers W.A.” means Myer Properties W.A. Ltd, formerly Boans Ltd.;

“Myer Joint Venture” means the participants from time to time in a joint venture established for the redevelopment of the Myer W.A. Land;

“Myer W.A. Land” means all those pieces of land being —

“Northwest Corner Land” means all that land being portion of each of Perth Town Lots VI3, V14, V15 and V16 and being Lot 100 the subject of Diagram 63404 and being the whole of the land comprised in Certificate of Title Volume 1642 Folio 686 limited however to a depth of 12.19 metres but subject to certain mineral and other reservations as set out in Transfer C536780 which are in addition to those reservations to the Crown already contained in the original grant;

“Padbury Building Land” means all that land being portion of each of Perth Town Lots V10 and V11 and being part of the land on Plan 4845 and being the whole of the land comprised in Certificate of Title Volume 1526 Folio 227;

“Parties” means the parties to this Agreement;

“Project” means the development and redevelopment of the Reserved Land certain roads and land contiguous to the Reserved Land in accordance with the Schematics, the Design Drawings and this Agreement and includes all matters and things necessary for or in any way connected with that development and redevelopment;

“Project Committee” means a Committee comprising the Minister, the Lord Mayor or Deputy Lord Mayor of the City and the Chairman or Acting Chairman of the Metropolitan Region Planning Authority constituted under and for the purposes of this Agreement;

“Project Costs” means the fees costs expenses premiums and charges for the Project and includes the fees costs expenses premiums and charges incurred by the City and the State or either of them in respect of —

whether incurred before or after the execution of this Agreement and includes any escalation provided for in this Agreement and agreed or approved variations to those fees costs expenses premiums and charges but does not include the Indirect Costs;

“Reserved Land” means all that land shown as reserved on the plans in the First Schedule and as may be varied by the Design Drawings;

“Schedule” means a Schedule to this Agreement;

“Schematics” means the plans, drawings and data contained in the Third Schedule;

“Sub-clause” means a Sub-clause of the Clause in which the reference appears;

“this Agreement”, means this Agreement and includes any Schedule to this Agreement;

“Timetable” means the timetable in the Fifth Schedule and includes any variations to the Timetable authorised pursuant to this Agreement;

“Upper Level Plan” means the Plan in Item 4 of the First Schedule;

“Upper Level Reserve” means that part of the Reserved Land comprised in the Upper Level Plan;

“W.A. Trustees” means West Australian Trustees Ltd. of 135 St. George’s Terrace, Perth;

“Westpac” means Westpac Investment Management Pty. Ltd. a company incorporated in New South Wales having its principal office in Western Australia at 109 St. George’s Terrace, Perth;

“West Pedestrian Overpass” means that part of the Reserved Land comprised in the Upper Level Plan which crosses over Wellington Street from the Northwest Corner Land to the Horseshoe Bridge;

“Westrail Land” means the land hatched on the plan in Item 1 of the Sixth Schedule which is vested in the Minister for Railways on behalf of the Crown pursuant to the Government Railways Act 1904;

“Westrail Timetable” means the Timetable in Item 2 of the Sixth Schedule.

Interpretation ²