Mr Simms presented a general update on negotiations with Yanchep Beach Joint Venture at the November 12 meeting, saying he had aimed to provide a final report then, ahead of the November 17 deadline set two months ago.
‘That has not been achievable,’ he said.
‘Both parties are working diligently and together to achieve a draft deed of agreement.
‘Given that the issues outstanding are minimal, the expectation for the deed of agreement to be ready for presentation to council in December 2013 is currently realistic.’
In his report, Mr Simms outlined meetings and communications with the developer, and issues that were still being negotiated.
He said YBJV’s lawyers Ashurst Australia raised eight points of difference between the parties on October 15, including time allowed before the termination of the agreement if the amendment that prescribes a developer contributions scheme was not gazetted.
Other issues related to design costs and YBJV’s reimbursement of the agreement fell through, costs of soil treatment and sand excavation, separating the costs of one and two ovals, costs of reconfiguring Marmion Avenue and the road leading to the future city centre, interest on construction costs, and appointing a valuer.
Mr Simms said the City provided its lawyers, Squire Sanders, with instructions on those points of difference on October 29.
‘Two points are matters beyond administration’s authority and will need to be referred to council,’ he said.
‘Three points were agreed to by administration as being able to be reworded to concede to YBJV’s request.
‘Three points were not conceded by the City and the City has sought reconsideration by YBJV.’
Mr Simms said the response was sent to Ashurst on November 1 and acknowledged a few days later, but as of November 8, Squire Sanders had not received a final response.
At the council meeting, Cr Bob Smithson said it was pleasing to see the matter proceeding, with fewer issues each time it came to the council.
‘It has obviously not been a simple path thus far,’ Cr Smithson said.