THE UNIVERSITY OF

NOTRE DAMECIty t

FremantlcAU S T RA II A

MEMORANDUM OF

UNDERSTANDING

BETWEEN

THE UNIVERSITY OF NOTRE DAME AUSTRALIA

AND

THE CITY OF FREMANTLE

MEMORANDUM OF UNDERSTANDING

This Memorandum is made on the II day of 0 eta beY ,2012

Between:

THE UNIVERSITY OF NOTRE DAME AUSTRALIA of 19 Mouat Street,

Fremantle, WA 6160 (UNDA)

and

THE CITY OF FREMANTLE of Town Hall Centre, 8 William Street,

Fremantle WA 6160 (CITY)

1. The purpose of this Memorandum of Understanding (MoU) is to

provide a framework for enabling understanding and co-operation between UNDA and the City.

2. The term of this Memorandum shall be from 1 September 2012 to 31

December 2019 and may be renewed by written agreement between

the Parties.

3. The City recognises that UNDA is a major educational institution

operating in Fremantle.

4. The City recognises the "rate exempt" status of the UNDA, a position

common to all universities in Western Australia.

5. The City acknowledges the additional economic benefit that UNDA

brings to Fremantle through its students and staff, and the attraction of

numerous conferences, seminars, visitors, international students and

social activities to its campus.

6. UNDA recognises the central role of the City in planning for the future of Fremantle and in promoting harmonious development and

relationships between all elements of Fremantle society.

7. UNDA will provide the City, on an annual basis, with an updated version

of its Strategic Plan.

8. UNDA has a 2010 enrolment of 5;952 students, (4,305 equivalent full

time student loads (EFTSLs)). UNDA plans to ’cap’ its enrolment at

about 5,000 EFTSLs.

9. UNDA’s philosophy is to be part of and to interact with the local

community as much as possible. By bringing large numbers of staff, students and visitors to the campus on a daily basis UNDA injects

significant money into the Fremantle economy, and in particular, into

the Fremantle Central Business District (CBD). As an example, UNDA is

responsible for a major contribution to the City’s parking revenue.

10. UNDA wishes to do all that it can to promote alnd contribute to

Fremantle as a city, and as a pleasant and safe living and working environment. In this context, UNDA makes a major contribution to the

security of its campus and environs. UNDA operates a 24-hour per day,

year round uniformed security service, including constant street patrols and police liaison.

11. UNDA has made and will continue to make, a major contribution to the

physical environment of Fremantle by restoring heritage buildings,

developing tree and garden areas, and the general enhancement of the

amenity of its campus and environs.

12. UNDA supports the non-university use of its buildings and facilities. The

campus is used regularly as a venue for conferences, seminars, public

lectures, music festivals, community fund raising events, community

group meetings, community social functions, weddings, etc. Many such

functions are supported on a free of charge basis (after meeting

mandatory costs for cleaning, etc).

13. Since commencement UNDA has concentrated its academic activities

within the area bounded by Little High Street, Phillimore Street, Henry Street and Marine Terrace, an area referred to in the previous MOU as

the UNDA zone.

14. The City encourages UNDA to expand its academic activities to locations

throughout the CBD and expresses the wish that any expansion should

not be immediately adjacent to the area referred to in paragraph 13

above.

15. Within two years of the date of this MOU, UNDA in conjunction with

the City, is to develop a strategy on how it could develop a more diverse

range of commercial activities at ground level on High and Phillimore

Streets.

16. UNDA is committed to street level activation of its buildings. UNDA will

discuss operational constraints related to such activation in respect of

the development of new buildings with the City prior to the submission

of plans.

17. UNDA will continue to restore and modify its facilities. UNDA will act

consistently with the City’s heritage guidelines.

18. The City will undertake to assess any application for a development assessment by UNDA in a timely manner. Should any application be

deemed as urgent by UNDA to meet their teaching tirnetable, the City will undertake to expedite such applications to the extent possible under the requirements of relevant Acts and planning policies.

19. UNDA will:

. endeavour to establish student accommodation throughout Fremantle and adjoining areas;

. retain its existing three halls of residence; and

. continue to maintain a database of local accommodation

providers and a target of at least 50% of its students being accommodated in Fremantle.

20. A Liaison Group, comprising the senior officers of the City and UNDA is

to meet in March, July and November each year to consider matters of

mutual interest arising from the MOU, including the allocation of the

funds referred to in Clause 24 below.

21. UNDA will arrange a tour of inspection of its facilities by the City’s elected members and senior staff in February each year, and include an

allocation of time for an exchange of ideas with the senior staff of the

UNDA.

22. The City and UNDA will keep each other informed of any substantial

actions being proposed which may affect the interests of the other

party. All issues between the City and UNDA are to be discussed openly

to determine common ground and achieve agreement.

23. UNDA and the City wish to engage on mutually beneficial projects,

including but not limited to:

. infrastructure projects in proximity to UNDA owned property;

. joint research projects; and

. social outreach projects.

24. UNDA will contribute up to $75,000 (GST exclusive) per calendar year for mutually beneficial projects subject to each of the City and UNDA

agreeing:

. a list of potential projects; and

. commitment of funds in respect of any project;

as recommended at the Liaison Group meeting in March of each year.

25. UNDA will strongly encourage its students and staff to be active in

community service in Fremantle.

26. UNDA will give priority, on a competitive basis, to the support of

Fremantle businesses in its purchase of goods and services. UNDA will

encourage its staff and students to actively support Fremantle

businesses and will work with the City to achieve this objective.

27. UNDA will undertake to promote a variety of transport options to its

students, including the use of public transport, the Central Area

Transport (CAT) bus and cycling. The City will provide advice, material

and resources to assist in this promotion.

28. The City will give due consideration to the needs of the UNDA students

when reviewing its parking and transport policies.

29. The City acknowledges the importance of safe pedestrian access in the

area of the UNDA campus, and particularly in Mouat Street, and

undertakes to investigate any reported road safety issues and to

undertake timely action as necessary. The City will give special

consideration to the amelioration of traffic hazards which may impact

on student safety during the design and construction of any projects in

the area of the campus.

30. Each of the City and UNDA specifically acknowledges that this MOU is

not legally binding, does not create a partnership or other legal entity

nor does it create any rights in any third party.

SIGNED ON BEHALF OF THE UNIVERSITY OF NOTRE DAME AUSTRALIA by its

authorised representative

Print Name: Ge.(,a HCXJVlvVoVlot

Print Title: V tee..- CCJJ1csUhl (’

SIGN D ON BEHALF OF THE CITY OF FREMANTlE by its authorised representative 1

;&---

Print Title:

GRAEME MACKENZIE

Chief Executive Officer