CALLAN PARK LAND USE PLAN - APPENDICES

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2 ...J...J UJ (/ (/ «I CALLAN PARK LAND USE PLAN - APPENDICES APPENDIX H: MEMORANDUM OF UNDERSTANDING

3 Dated: 28 J tma e NON~BINDING MEMORANDUM OF UNDERSTANDING Between Minister Administering the Callan Park (Special Provisions Act (Minister and The University of Sydney (University and Sydney Harbour Foreshore Authority (Foreshore Authority

4 NON-BINDING MEMORANDUM OF UNDERSTANDING 2'2:.::r~.e... THIS NON-BINDING MEMORANDUM OF UNDERSTANDING is made the dayof 2007 Between MINISTER ADMINISTERING THE CALLAN PARK (SPECIAL PROVISIONS ACT 2002 ofparliament House, Sydney, New South Wales (Minister And THE UNIVERSITY OF SYDNEY of (University And' SYDNEY HARBOUR FORESHORE AUTHORITY oflevel 6, 66 Harrington Street, The Rocks, New South Wales (Foreshore Authority BACKGROUND A. The Minister administers Callan Park under the Act. B. The University seeks to expand its current activities on the Callan Park site and the Minister agrees to consider and explore the potential for this within the context ofthe Callan Park Act C. The Minister wishes to appoint Foreshore Authority to undertake the preparation ofa Masterplan for CallanPark. D. The parties have agreed to continue negotiations on the basis ofthe principles setout in this non-binding memorandum ofunderstanding in relation to Callan Parkand the preparation ofa Masterplan. E. The parties recognise CallanPark is a State asset ofcommunitylheiitage/cultnrai and naturallandscape/foreshore open space significance. THE PARTIES AGREE AS FOLLOWS: 1. Definitions and InterpretatIon 1.1 In this non-binding memorandum of understanding, unless the context otherwise requires: (a Act means the Callan Park (Special Provisions Act 2002.

5 (b (c (d Callan Park means the land at Rozelle comprised in Lot 1, Deposited Plan , including all structures that are fixtures onthat land. Masterplan means a masterplan forcallan Park within the meaning ofsepp 56. The University ofsydney shall include a controlled entity thereof. 2. Term This non-binding memorandum of understanding will continue until the earlier of five years from the date of this non-binding memorandum ofunderstanding or the date it is terminated by any ofthe parties inwriting.. 3. The Act and Callan Park 3.1 The parties acknowledge the provisions ofthe Act. 3.2 The parties acknowledge that Callan Park is currently owned by the Health AdministrationCorporation, and thatsuchownership may betransferred to the Sydney Harbour Foreshore Authority. 3.3 The parties acknowledge that the University currently leases from the Health Administration Corporation the buildings at Callan Park known as the "Kirkbride Block" pursuant to lease which commenced January 1997 for a term of 99 years and see merit in the incorporation ofthese bnildings into amore substantial and coherent campus. 3.4 The parties acknowledge that there are other parts of Callan Park which are currently leased or on tenancies: (a (b (c (d (e (f NSW Ambulance headquarters and training facility; Ministry oftbe Arts (NSW Writer's Centre; The Sydney College ofthe Arts (University ofsydney; Commonwealth Veterans Care Group; Child Care Centre; Other non-government organisations. 3.5 The parties will seek advice from the Health Administration Corporation with respect to the remaining tenancies.. 4. Proposed Lease to University 4.1 Subject to agreement being reached with the University, the Minister would use reasonable endeavours to procure the grant of a 99 year lease to the University of a substantial and coherent part of Callan Park, at nominal rent and for use for higher education purposes, in accordance with The University ofsydney Act 1989 and the

6 State Environmental Planning Policy No 56-Sydney HarbourForeshores andtrib... Page 16 of 16 CII clauses pp pages Sees sections Div Division Reg Regulation Subdiv Subdivision Divs Divisions Regs Regulations Subdivs Subdivisions GG Government Gazette Rep repealed Subst substituted Ins inserted Sch Schedule Table of amending instruments State_Environmental Planning Policy No 56-SydneyJ:I?rboULFore"~hores and Tribut'!I~~ published in Gazette No 125 of , p 6510 and amended in Gazette No 39 of , P 2604 and as follows: State Environ.wental Planning Puliey Nu_@ Exempt and C.Qmplying DevelQ.pm.\;.Ot (GG No 32 of , P 1616 State Environmental Planning Policy No 56-Sydney Harbour Foreshures and Tributaries (Amendment No 2 (GG No 49 of , P 3391 State Environmental Planning Policy No 56-Sydney Harbour Foreshores and Tributaries (Amendment No 4 (GG No 34 of , P512 State Environmental Planning Policy No 56-S-ydney Harbour Foreshores and Tributaries (Amendment No 5(GG No 184 of , p 9541 State Environmental Planning Policy No 56-s.ydney Harbour Foreshores and Tributaries (Amendment No 6 (GG No 46 of , P 895 Table of amendments C13 CI4 Cll5,7 Cl8 C19 CliO Cl11 Cl13 Cl14 Part4A (ell 15A 15C Cl18 CII Schs 1,2 Sch3 Am ; Am Am Am Am Subst Am ; Subst Am ; Am Am Am Ins Subst Am Am ; ; ; Ins Am I998+FIRST /10/2007

7 Masterplan including, without limitation, for learning and teaching, research, student campus accommodation, broader community education, student participation in extra culticular activities, social development and cultural and sporting activities. 4.2 The University aclmowledges that a proposed lease would reserve rights to the public for pedestrian access through Callan Park on terms similar to the terms of public access through the University's Camperdown campus. 4.3 The parties aclmowledge the University has a requirement that expansion of its activities must create a coherent campus environment. 4.4 The University would agree to permit Leichhardt Council to have use by Council or the public ofthe playing fields within Callan Park for organised sports, subject always to the University's reasonable requirements for use ofthe playing fields and.provided that Leichhardt Council would accept responsibility for costs of any improvements required by it such as lighting, change rooms and security and for ensuring public liability insurance is obtained and for an equitable contribution to the maintenance of the playing fields and any such improvements. 4.5 The University would agree to negotiate with Leichhardt Council' for construction of multi-purpose sportingfields includingsyntheticfinishes. 4.6 The parties aclmowledge that the proposed lease must: (a (b (c (d recognise and clearly articulate the University's right to use and develop the site in accordance with The University afsydney Act 1989 an.d the Callan Park Act 2002; recognise and clearly articulate the University's right to sublease or licence discrete sites and buildings for uses associated with the University's educational use. Any such sublease, or licence, issued by the University for commercial uses that are not an integral part of the University's principle educational activities may be subject to:commercial terms; agree and clearly articulate any commitments to protect the indigenous values of the site, in particular along the sho,reline to Iron Cove; the natural and cultural landscape and the cultural heritage values ofthe site; agree and clearly articulate a commitment to public access to foreshore open space at all times, 4.7 The parties aclmowledge that the proposed lease would con:tain performance specifications for occupation (including floorspace to be occupied for higher education purposes within an agreed period oftime and maintenance ofcallan Park.

8 ,'. _.., , 5. Masterplan 5.1 The Minister will appoint the Foreshore Authority to prepare a Masterplanfor Callan Park as Soon as practicable after the date of this Deed. Foreshore Authority will consult withthe University in preparing the Master plan. ' e parties acknowledge that in preparing the Masterplan, there win need to be an extensive consultation process involving, but not limited to, the University ofsydney; Leicbhardt Council; the Central and South West Sydney Area Health Service; the Department of Health; the NSW Ambulance Service; various non-government organisations with long to mediunl term tenancy aspirations; the Department of Planning including the Heritage Office; the member for Balmain and various community representatives covering a range ofcommunity interests. 5.3 In preparing a Masterplan for Callan Park, Foreshore Authority willhave regard to the following: (a (b (c (d (e existing leases ofparts ofcallan Park; the dedication offoreshore open space for public access at all times; encouragement ofcommunity access to Canan Park generally; preservation ofthe heritage significance ofcailanparkand the buildings, other structures and gardens situated in Callan Park; and' use ofthe site for higher education purposes. 5.4 In undertaking the preparation of a Masterplan for Callan Park, Foreshore AutIiority will at its cost and in consultation with the University undertake eachofthe following:, (a a building condition audit of all buildings and other structures situated within CallanPark - other than those currently leased to the University; and (b an audit ofpublic infrastructure andpublicopen space within CaIlan Park. 6. Legal Costs Each party will pay its own legal costs in relation to this non-binding' memorandum of understanding. 7. Governing law This non-binding memorandum of understanding will be governed by and construed in accordance withthelaws ofthe State ofnew SouthWales. 8. Counterpa~ This non-binding memorandum of understanding may consist of one or more counterpart. copies. All counterparts of this non-binding. memorandum of understanding when taken together constitute the one docunleht.

9 9. Press Release 9.1 The parties agree: (a To consult on the manner and timingof the public release oftlris MOU and/or details ofany negotiations between the parties. 9,4 For the purposes of this non-binding memorandum of understanding, the relevant parties for contact are as follows: (a (b (c for the Minister: [Insert contact] LEA1'JNs GoPP II\c; Telephone: (02 q ~2.8 A,(J(p Facsimile: (02 q '2-2-i? 4/ ti 1~1.\.l.e.G-offl~.stll~roy.;Vl...\I5..feA.f\S\..L.300.au for the University:..pr~fessor /VIr l3:::>6 J6-h'c..- ChilLf O~c-..-n:j ~'=r ff bel'~~ Telephone: (02 935"1 ;:Ll-:{.-=t \/t'<:.1<...- C--LA...-.~ Facsimile: (02 903~ 0;2CO bk:.e:..t-\:<.-@tas.j.aq. ~et...t _",,- """- for Foreshore Authority: Diana Talty, Executive Director, Major Projects Telephone: ( Facsimile: ( talty@shfa.nsw.gov.au

10 Executed as a Deed. SIGNED for and on behalfof [MINISTER] by its authorised delegate in the presence of: Print Name SIGNED for and on behalf ofthe UNIVERSITY OF SYDNEY by its authorised delegate in the presence of: Witne~k PrintNarne SIGNED for and on behalfofsydney HARBOUR FORESHORE AUTHORITY by its authorised delegate in the presence of: Authorised Delegate 'f?citl K PrintNarne -J~~ Au Dosed Delegate 6iWIN BROWN PrintName '"S"ilQ:rtl<'- Witness t;'1! l1e J-revtWs Print Name. Authorised Delegate ~~.G 6\.' ~. LJ1.1'J(. PrintNarne