Final design of Developer’s Works. (a) Within 3 months of the date of this document (or a later time approved by the City in writing) but prior to the issue of the first Construction Certificate for the Development, the Developer must submit to the City’s Representative for approval:
(i) detailed design drawings of the Developer’s Works that reflect the plans and specifications set out in Annexure A; and
(ii) a detailed costs estimate (certified by a Quantity Surveyor) setting out the estimated cost of the Developer’s Works.
(b) Within 30 Business Days after the City’s Representative has received the detailed design drawings and detailed costs estimate, the City will inform the Developer in writing as to whether the detailed design drawings and costs estimate are approved. If the detailed design drawings or costs estimate are not approved, the City will inform the Developer in writing of what further information or modifications are required and the Developer will have a further 15 Business Days to re-submit the required information, following which the process outlined in this paragraph (b) will apply again.
(c) Regarding the costs estimate, the Developer agrees that the City may:
(i) reject items included within the Quantity Surveyor’s Assessment which are not directly related to the Developer’s Works;
(ii) require substantiation for the costs of items where the amount estimated is considered by the City to be excessive;
(iii) require an adjustment to the costs estimate to reflect a variation to the design required under this clause 4.2 of Schedule 3.
(d) If the Developer:
(i) fails to prepare the detailed design drawings or detailed costs estimate; or
(ii) does not provide further information or modify the detailed design drawings or detailed costs estimate, in accordance with this clause 4.2 of Schedule 3, then the City may exercise its rights under clause 10 of this document in order to carry out the Developer’s Works itself at the cost of the Developer.
(e) The Developer agrees that the value of the Developer’s Works may be adjusted following completion of the process set out in this clause 4.2 of Schedule 3. The Developer acknowledges that the scope of the Developer’s Works will not change or reduce if the costs required to complete those works is greater than the amount estimated at the date of this document.
Final design of Developer’s Works. (a) The Developer or the Landowner must submit the final design of the Xxxxxxxxx’s Works to the City as part of the Development Application.
(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 Development Consent, the approved plans and Construction Certificates issued pursuant to the Development Consent.
(c) The Developer and the Landowner agree that the value of the Developer’s Works may be adjusted following completion of the process set out in this clause 5.2 of Schedule 3. The Developer and the Landowner acknowledges that the scope of the Developer’s Works will not change or reduce if the costs required to complete those works is greater than the amount estimated at the date of this document.
(d) The City does not assume or owe any duty of care to the Developer or the Landowner in reviewing any design drawings submitted to it under clause 5.2(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 or the Landowner will lessen or otherwise affect the Developer’s or Landowner’s obligations under this document or constitute an acknowledgement by the City that the Developer or the Landowner have complied with their obligations under this document.
Final design of Developer’s Works.
(a) Promptly following the issue of the Development Consent, the Developer must submit to the City’s Representative for approval detailed design drawings of the Developer’s Works that reflect the plans and specifications as developed between the parties.
(b) Within 30 Business Days after the City’s Representative has received the detailed design drawings, the City must inform the Developer in writing as to whether the detailed design drawings are approved or not approved.
(c) If the City provides notice under clause 4.2(b) of Schedule 3 that the detailed design drawings are not approved, the City must under that notice inform the Developer in writing as to what further information or modifications to the detailed design drawings are required. The Developer will have a further 20 Business Days after receipt of the written notice outlining the further information or modifications to the detailed design drawings to re-submit said further information or modifications. Following re-submission by the Developer under this clause 4.2(c) of Schedule 3 the process outlined in clauses 4.2(b) to (c) of Schedule 3 will apply again.
(d) If the Developer:
(i) fails to prepare the detailed design drawings; or
(ii) does not provide further information or modify the detailed design drawings, in accordance with this clause 4.2 of Schedule 3, then the City may exercise its rights under clause 10 of this document in order to carry out the Developer’s Works itself at the cost of the Developer.
Final design of Developer’s Works. (a) Within 24 months of the date of Development Consent for development works on the Land (or a later time approved by the Council in writing acting reasonably) but prior to the issue of the First Construction Certificate for the Development, the Developer must submit to the Council’s Representative for approval detailed design drawings of the Developer’s Works that reflect the Developer’s Works set out in Annexure A; and
Final design of Developer’s Works. In paragraph (a): Add a new paragraph (b) as follows: In paragraph (c):
