Carrying out of Work. 16.1 Without limiting any other provision of this Deed, any work that is required to be carried out by the Developer under this Deed is to be carried out in accordance with any design or specification specified or approved by the Council, any relevant Approval and any other applicable law.
16.2 The Developer, at its own cost, is to comply with any reasonable direction given to it by the Council to prepare or modify a design or specification relating to a Work that the Developer is required to carry out under this Deed.
Carrying out of Work. 15.1 A Development Contribution comprising the carrying out of Work is made for the purposes of this Agreement on Works Completion.
15.2 Except as otherwise specifically provided by this Agreement, any Work that is required to be carried out by the Developer under this Agreement is to be carried out in accordance with:
15.2.1 any relevant Development Consent,
15.2.2 any relevant policies and specifications of the Council existing at the time such a consent is granted,
15.2.3 any other applicable law, and
15.2.4 otherwise to the reasonable satisfaction of the Council.
15.3 The Developer is to comply with any direction given to it by the Council, acting reasonably, to prepare or modify a design or specification relating to a Work that the Developer is required to carry out under this Agreement.
Carrying out of Work. 14 Works Provisions
Carrying out of Work. 1. Construction of bioretention basin Drainage Developer is to carry out and complete a bioretention basin on the land identified as proposed lot 36 in Sheet 1 of the Plan of Proposed Subdivision. The Work is to be carried out generally as shown on Drawing No. PS01-C100, Revision C, dated 30 January 2018, Project No. P1605690 prepared by Marten and Associates and in accordance with the Development Consent to the Development and the provisions in this Deed to the extent they are not inconsistent with the Development Consent. Work to be completed before the issuing of the first Subdivision Certificate for the Development (Clause 49) Under s7.4 of the Environmental Planning and Assessment Xxx 0000 0000 (Council) Xxxxx Xxxxxx ABN 17 808 495 753 of 00 Xxxxxxxxxx Xxxxxx Xxxxxxx XXX 0000 (Developer) This draft Planning Agreement applies to Lot 7 DP16911 otherwise known as 00 Xxxxxxxxxx Xxxxxx, Xxxxxxx and any lot created by the subdivision or consolidation of that lot.
Carrying out of Work. 11.1 Subject to clause 6.9, the Developer is to carry out and deliver the Work at the time and in the manner set out in Schedule 1.
11.2 Any Work that is required to be carried out by the Developer under this Agreement is to be carried out in accordance with any relevant Development Consent and any other applicable law.
11.3 The Landscaping Works are to be carried out in accordance with the Landscape and Open Space Strategy.
11.4 The Parties may, by agreement in writing, determine part of a Work to be a Phase at any time prior to the commencement of physical works relating to that Work.
11.5 The Parties agree that the Phase Value is to be determined by:
11.5.1 the agreement in writing of the Parties; or
11.5.2 failing agreement, the amount determined by a suitably qualified quantity surveyor appointed by the Parties.
11.6 The Parties agree and acknowledge that any determination of value made by that quantity surveyor is relevant only for the purposes of determining the Phase Value, and does not affect the Contribution Value of a particular Work.
11.7 When the Developer considers that a Phase is complete, the Developer must provide the Council with verification of the completion of the Phase from a suitably qualified quantity surveyor.
Carrying out of Work. 16.1 The Parties acknowledge that the Council agrees to the Specifications.
16.2 Without limiting any other provision of this Deed, any Work that is required to be carried out by the Developer under this Deed is to be carried out in accordance with the Specifications (except to the extent that the Specifications or the Work are amended in accordance with a Development Consent or any applicable Law), any relevant Development Consent, any relevant Approval and any other applicable Law.
16.3 The Developer is to comply with any reasonable direction given to it by the Council to prepare or modify a design or specification relating to a Work that the Developer is required to carry out under this Deed except where:
16.3.1 any such modification is in relation to the Council Facility Development or the Council Carpark Development after the issuing of the Construction Certificate for that Development, but not including any modification required by any Authority other than the Council or modification to ensure the Work complies with the relevant legal standards;
16.3.2 any such modification would require a modification to the Development Consent.
Carrying out of Work. 5.1 Manner of the carrying out of Work
(a) Without limiting any other provision of this Agreement, any Work that is required to be carried out by the Developer under this Agreement is to be carried out and completed in accordance with the Detailed Design, any relevant Approval and any other applicable law.
(b) As soon as reasonably practicable after execution of this Agreement, the Developer agrees to provide to Council a program which identifies the proposed timing for the carrying out of all Work that is required to be carried out by the Developer under this Agreement. The Developer will ensure that such program is updated and provided to Council regularly.
Carrying out of Work. 9.1 Manner of the carrying out of Work
(a) The Developer is to obtain all necessary Approvals to enable Work to be carried out in accordance with, and to the extent set out in the Stage 1 Delivery Plan.
(b) Without limiting any other provision of this Agreement and subject to clause 9.1(c), any Work that is required to be carried out by the Developer under this Agreement is to be carried out and completed in accordance with the approved Detailed Design of the Work approved under clause 4.3, any relevant Approval and any other applicable law, whether or not the actual costs of completing the Work exceeds the Contribution Value.
(c) The parties agree that the Developer is not required to carry out or complete any Work or activities under or in connection with Development Deliverables items 22 and 24 of Schedule 1 that would result in the Contribution Value for that relevant item to be exceeded, without the prior written agreement of the parties.
9.2 The Council may give reasonable directions
(a) Subject to clause 9.1(c), the Developer, at its own cost, is to comply with any reasonable direction (having regard to the Contribution Value) given to it by the Council to prepare or modify a design or specification relating to a Work that the Developer is required to carry out under this Agreement.
(b) To the extent that a modified design or specification under clause 9.2(a), 9.3 or 9.5 requires a modification to a Development Consent, the carrying out of the Work in connection with the modified design or specification must not occur until the relevant modification to the Development Consent is obtained.
Carrying out of Work. 9.1 Manner of the carrying out of Work
(a) The Developer is to obtain all necessary Approvals to enable Work to be carried out.
(b) Without limiting any other provision of this Agreement, any Work that is required to be carried out by the Developer under this Agreement is to be carried out and completed in accordance with the approved detailed design of the Work approved under clause 4.3, any relevant Approval and any other applicable law, whether or not the actual costs of completing the Work exceeds the Maximum Value.
9.2 The Council may give reasonable directions
(a) The Developer, at its own cost, is to comply with any reasonable direction (having regard to the Maximum Value and other relevant factors) given to it by the Council | version to be submitted to Council at meeting on 20 March 2017 - Draft recommended for exhibition 4985-1#2562 (also incs minor change to Map at Sheet 7) this vsn 4985-1#3004 and #3005 for pdf 11 to prepare or modify a design or specification relating to a Work that the Developer is required to carry out under this Agreement.
(b) Clause 9.2(a) only applies to item 8 of the Table to the extent that it would not place the Developer in breach of any agreement, licence or approval it has with or from RMS. To this end, the Developer must use reasonable endeavours to ensure that nothing in any agreement prevents Council from giving a reasonable direction and must, within 7 days of entering into any agreement with, or receiving a licence or approval from, RMS, provide Council with a copy of the agreement, licence or approval.
Carrying out of Work a) Without limiting any other provision of this document, any Work that is required to be carried out by the Developer under this document must be carried out in accordance with any design or specification specified or approved by the Council in accordance with clause 5, any relevant approval and any other applicable law.
b) The Developer, at its own cost, must obtain any approvals necessary for the carrying out of the Work and must comply with any reasonable direction given to it by the Council to prepare or modify a design or specification relating to a Work that the Developer is required to carry out under this document.
