DATED
DAY OF
2014
THIRD PARTY PROPERTY TRANSFER
DEED
BETWEEN
[INSERT NAME OF APPLICANT]
(“Applicant”)
-AND-
[INSERT NAME OF VENDOR]
(“Vendor”)
[This document is a DRAFT provided only for the purposes of furthering negotiations between the parties.
No party will be legally bound unless and until this document is executed by the parties and any actions
taken in anticipation of such formal execution is at the risk of the person taking them.]
CROWN SOLICITOR
Level 9, 45 Pirie Street, Adelaide SA 5000
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TABLE OF CONTENTS
1.
DEFINED TERMS ....................................................................................................... 1
2.
SALE OF PROPERTY ................................................................................................ 2
3.
INDEMNITY ................................................................................................................ 2
4.
NOTICES .................................................................................................................... 2
5.
MISCELLANEOUS ..................................................................................................... 2
SCHEDULE 1
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DEED dated
day of
PARTIES:
THE PARTY SPECIFIED IN ITEM 1 OF SCHEDULE 1 (“Applicant”)
AND
THE PARTY SPECIFIED IN ITEM 2 OF SCHEDULE 1 (“Vendor”).
RECITALS:
A.
The Applicant has applied for grant funding under the South Australian River Murray
Sustainability Irrigation Industry Improvement Program (3IP).
B.
The Vendor is the sole owner of the Property.
C.
A key element of the Applicant’s grant funding application involves the Applicant’s
proposed purchase of the Property from the Vendor.
D.
The Applicant’s grant funding application will not be considered by the funding
provider without a commitment from the Vendor that it will proceed with the transfer of
the Property to the Applicant in the manner envisaged in the Applicant’s grant funding
application.
E.
The Vendor irrevocably agrees to proceed with the transfer of the Property to the
Applicant in the manner envisaged in the Applicant’s grant funding application, and in
accordance with the terms and conditions of this Deed, if the Applicant’s grant funding
application is successful.
IT IS AGREED:
1.
DEFINED TERMS
1.1
In this Deed:
Application means the Applicant’s application for grant funding described in
the Recitals.
Property means the land and/or water access entitlement described in
Schedule 1.
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1.2
2.
The parties agree that the matters referred to in the Recitals are true and
correct in every material particular and that the Recitals shall form part of this
Deed.
SALE OF PROPERTY
The Vendor irrevocably agrees that upon receipt of written notice from the Applicant
informing the Vendor that the Application has been successful and requesting that the
Property be transferred to the Applicant, the Vendor will:
3.
4.
2.1
where the Property consists of land, enter into an unconditional contract to
transfer ownership of the Property to the Applicant, as purchaser of an estate
in fee simple, free from encumbrance, for the price and on the further terms
set out in Schedule 1;
2.2
where the Property consists of a water access entitlement, transfer the water
access entitlement to the Applicant, free from encumbrance, for the price and
on the further terms set out in Schedule 1; and
2.3
promptly do whatever is necessary to give effect to the transfers of the
Property to the Applicant in accordance with this Deed.
INDEMNITY
3.1
The Vendor indemnifies, and undertakes to keep indemnified, the Applicant
from and against any costs, losses, damages, expenses (including legal
expenses), liabilities or other outgoings of whatever kind suffered or incurred
by the Applicant arising out of or in respect of any breach by the Vendor of any
of the provisions of this Deed.
3.2
This clause will survive termination of this Deed.
NOTICES
A notice, or other communication under this Deed must be in writing, signed by or on
behalf of the person giving it, addressed to the person to whom it is to be given and:
4.1
delivered; or
4.2
sent by pre-paid mail;
to that person's address.
5.
MISCELLANEOUS
5.1
Entire understanding
This Deed contains the entire understanding between the parties as to the
subject matter of this Deed. All prior agreements and understanding between
the parties in relation to the subject matter of this Deed are superseded.
5.2
Amendment
This Deed may only be varied or replaced by a document executed by the
parties.
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5.3
Waiver and exercise of rights
No party waives its rights under this Deed unless it does so in writing.
5.4
Rights cumulative
Except as expressly stated otherwise in this Deed, the rights of a party under
this Deed are cumulative and are in addition to any other rights of that party.
EXECUTED AS A DEED
[If the Applicant and Vendor are persons the following signature clauses must be used]
SIGNED by the APPLICANT in the
presence of witness named below:
_______________________________
_______________________________
Name of Applicant (print)
Name of witness (print)
_______________________________
_______________________________
Signature of Applicant
Signature of witness
_______________________________
_______________________________
Date
Date
SIGNED by the VENDOR in the
presence of the witness named below
_______________________________
_______________________________
Name of Vendor (print)
Name of witness (print)
_______________________________
_______________________________
Signature of Vendor
Signature of witness
______________________________
_______________________________
Date
Date
[If the Applicant or Vendor is a company the following signature clauses must be used]
EXECUTED by .[insert name].Pty Ltd in
accordance with Section 127 of the
Corporations Act 2001:
_______________________________
_______________________________
Name of Director (print)
Name of Director/Secretary (print)
_______________________________
_______________________________
Signature of Director
Signature of Director/Secretary
_______________________________
_______________________________
Date
Date
CSO 136747
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Page 1 of 2
SCHEDULE 1
ITEM 1
ITEM 2
ITEM 3
Applicant
Name:
[*?*]
ABN:
[*?*]
Address:
[*?*]
Vendor
Name:
[*?*]
ABN:
[*?*]
Address:
[*?*]
Property
[*?*]
[Note: Insert Certificate of Title details of land]
[*?*]
[Note: Insert 'Water Entitlement' or 'Water Licence'] [insert
identifying number and/or description of water entitlement or
water licence)]
ITEM 4
Further Transfer Terms
Property
Price: [*?*]
Settlement Date: within [*?*] calendar days of the written notification
given by the Applicant to the Vendor pursuant to clause 2 of this
Deed.
Other terms: [*?*]
The contract for the sale of the Property will be based on the Contract
for the Sale and Purchase of the Land in the standard form issued by
the Law Society of South Australia.
Water Access Entitlement
Price: [*?*]
Class of Water: [*?*]
Settlement Date: within [*?*] calendar days of the written notification
given by the Applicant to the Vendor pursuant to clause 2.1 of this
Deed.
Other terms: [*?*]
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