Developer’s Works. The Developer’s Works will include the following elements to be delivered in accordance with the document:
Developer’s Works. Not used.
Developer’s Works. The following descriptions are not exhaustive and should be read in accordance with the Performance Brief. The parties acknowledge and agree that the Performance Brief provides the minimum standards the Developer is required to achieve in relation to the Developer’s Works. Where there is an inconsistency between this annexure and the Performance Brief, the Performance Brief prevails. The parties agreed that the Developer’s Works may be subject to shared facilities in the future. Any such shared facilities and shared costs associated with the facilities, will be subject to City’s consideration and agreement. The following works must be constructed to the Standards and in accordance with this Agreement:
Developer’s Works. (a) The parties acknowledge and agree that at the date of this document:
(i) the final use and configuration of the Developer’s Works has not been determined; and
(ii) the Attributed Value for the Developer’s Works for the purposes of calculating an appropriate Guarantee amount cannot be determined.
(b) The parties agree to engage an independent quantity surveyor to determine the Attributed Value of the Developer’s Works following completion of the process set out in this clause 4.2 of Schedule 3, having regard to the final design and use of the Developer’s Works (QS Review).
(c) At the completion of the QS Review the parties agree to determine:
(i) the Monetary Contribution; and
(ii) the Guarantee Amount, on the basis of the completed QS Review.
Developer’s Works. The parties acknowledge and agree the Developer is not required to perform works to the public domain in satisfaction of this Agreement.
Developer’s Works. The Developer’s Works comprise the following elements to be delivered in accordance with this document:
(a) construct within the Transfer Land a paved, continuous accessible path of travel for a public laneway;
(b) the laneway must be constructed to the City’s technical specifications and embellished in accordance with the City Streets Code;
(c) the laneway must integrate the adjoining existing and new footpaths that will be upgraded as part of the Development Consent; and
(d) the Developer must submit an interim site auditor report or site audit statement to the City for approval after the remediation has been completed, and prior to the construction of the Developer’s Works,
Developer’s Works. Additional specifications General
Developer’s Works. The Developer’s Works will include the following elements to be delivered in accordance with the document:
(a) Provision of a minimum 1.5 metre wide footpath widening to the full length of the Development frontage to Ferry Lane (“Footpath”), as required by Condition 15 of development consent D/2017/582 (as amended), and as shown in the indicative location on the Additional Plan.
(b) Installation of a pedestrian ramp crossing Ferry Lane at Avon Street.
(c) The Footpath and Pedestrian Ramp must be constructed to the City’s technical specifications and embellished in accordance with the City Streets Code, specifically that the footpath widening will be insitu concrete. The Footpath must integrate the adjoining existing and new footpaths that will be upgraded as part of the Development Consent.
(d) Installation of street trees (100L size at 7m centres) along the length of Ferry Lane including the installation of structural soil.
(e) Relocation or adjustment of existing utility services (including light poles) as needed to meet the new footway levels and access requirements
Developer’s Works. The parties acknowledge and agree the Developer will perform works to the public domain on Council Land as set out in this Schedule in satisfaction of this Agreement.
Developer’s Works. 6.1 Final design
(a) The Developer must submit the final design of the Developer’s Works to the City as part of the Development Application for that part of the Development that contains the Affordable Housing Building.
(b) The parties agree that the review and approval of the final design of the Developer’s Works, including ensuring its compliance with this document, will occur as part of the Development Application and Development Consent process under the Act. The final design will therefore be a design which is reflected in the applicable Development Consent, the approved plans and Construction Certificates issued pursuant to the applicable Development Consent.
(c) If the Affordable Housing Building is subject to a competitive design process, the City agrees to the inclusion of provisions in the approved Design Excellence Strategy that describes the purpose and objectives of the Affordable Housing Building to inform the competitive design process.
(d) The City does not assume or owe any duty of care to the Developer in reviewing any design drawings submitted to it under clause 6.1(a) of Schedule 3 or for any errors, omissions or non-compliance with this document.
(e) No participation by the City in the development of, the review of, or comments on any design drawings submitted by the Developer will lessen or otherwise affect the Developer’s obligations under this document or constitute an acknowledgement by the City that the Developer have complied with their obligations under this document.
