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.
Appears in 6 contracts
Samples: Planning Agreement, Planning Agreement, Planning Agreement
Final design of Developer’s Works. (a) Within 3 months of With the date of this document (or a later time approved by the City in writing) but prior to the issue lodgement of the first Construction Certificate development application for the DevelopmentDevelopment (other than for site establishment, demolition and early works such as hoarding, bulk excavation and alteration of in-ground services), 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 AAnnexures D and F; 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 approvedapproved (acting reasonably). 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 5.2 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 5.2 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 5.2 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.
Appears in 3 contracts
Samples: Planning Agreement, Planning Agreement, Planning Agreement
Final design of Developer’s Works. (a) Within 3 months of the date that the City accepts, or is taken to have accepted, the design of this document the Public Benefit components of the Developer’s Works under clause 4.2 (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 60 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 5 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 5 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 5 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.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Final design of Developer’s Works. (a) Within 3 months of the date of this document the submission of a Development Application (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.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
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 30.
(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 30, 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 30. 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.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
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.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.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
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.setting
(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;Assessment
(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.
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
Final design of Developer’s Works. (a) Within 3 six 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 3.2 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 3.2 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 3.2 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.
Appears in 1 contract
Samples: Planning Agreement
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 Aitem 3 of clause 1 of Schedule 3; 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 2.2 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 2.2 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 2.2 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.
Appears in 1 contract
Samples: Planning Agreement
Final design of Developer’s Works.
(a) Within 3 months of On or before the date of this document on which the Developer lodges its stage 2 development application for the Development for assessment by the consent authority (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 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.
Appears in 1 contract
Samples: Planning Agreement
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 At least 1 month prior to the issue of application for the first Construction Certificate for the Development, the Developer must submit to the CityCouncil’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) and 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 CityCouncil’s Representative has received the detailed design drawings and detailed costs estimate, the City Council 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 Council 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 Council 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 Council to be excessive;
(iii) ; require an adjustment to the costs estimate to reflect a variation to the design required under this clause 4.2 2.2 of Schedule 3.
(d) . If the Developer:
(i) : fails to prepare the detailed design drawings or detailed costs estimate; or
(ii) or does not provide further information or modify the detailed design drawings or detailed costs estimate, in accordance with this clause 4.2 2.2 of Schedule 3, then the City Council may exercise its rights under clause 10 of this document Planning Agreement 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 2.2 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 documentPlanning Agreement. Following approval of the detailed design drawings by Council in accordance with clause 2.2 of Schedule 3, the Developer must promptly: prepare construction design drawings that comply with the detailed design drawings; and provide Council with a copy of the construction design drawings. Council, acting reasonably, may by written notice to the Developer at any time, approve, vary or direct the Developer to vary the construction design drawings so that the Developer’s Works reflect: the Standards; a departure or discrepancy from the plans approved under clause 2.2 of Schedule 3; or any other standard or specification for materials or methodology for carrying out works that is adopted by Council from time to time, provided that any direction given under this clause 2.3(b)(iii) of Schedule 3 does not significantly increase: the cost of that element of the Developer’s Works; or the complexity of implementation of the Developer’s Works that may lead to a significant delay in the completion of the Developer’s Works. Within 20 Business Days of receiving a notice from Council under clause 2.3(b) of Schedule 3, the Developer must: to the extent practicable, use reasonable endeavours to comply with the notice given by Council; or if the Developer determines that the notice given by Council is unreasonable or impracticable, notify a dispute in accordance with clause 11 of this Planning Agreement. If the Developer does not provide any response during the 20 Business Days after receiving a notice from Council under clause 2.3(b) of Schedule 3, it is deemed that the Developer accepts the notice given by Council and will take all steps required to comply with the notice. Council does not assume or owe any duty of care to the Developer in reviewing any design drawings submitted to it under this clause 2f Schedule 3 or for any errors, omissions or non-compliance with this Planning Agreement. No participation by Council 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 Planning Agreement or constitute an acknowledgement by Council that the Developer has complied with its obligations under this Planning Agreement.
Appears in 1 contract
Samples: Planning Agreement
Final design of Developer’s Works. (a) Within 3 months 10 Business Days 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) approval 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.A.
(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 10 Business Days to re-re- submit the required information, following which the process outlined in this paragraph (b) will apply again.
(c) Regarding Following completion of the costs estimateprocess set out in paragraph (b), the Developer agrees that parties agree to jointly refer the City maydetailed design drawings to Altus Group, a jointly appointed Quantity Surveyor, for a Quantity Surveyor’s Assessment. The costs of the Quantity Surveyor to review the detailed design drawings will be borne by the Developer. The parties agree that:
(i) reject items included within the cost estimate of the Quantity Surveyor’s Assessment which are not directly related to Surveyor will be the updated Attributed Value of the Developer’s Works;'s Works under this document; and
(ii) require substantiation for either party may take steps to adjust the costs Guarantee Amount in accordance with clause 10.3 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 3document.
(d) If the Developer:
(i) fails to prepare the detailed design drawings or detailed costs estimatedrawings; or
(ii) does not provide further information or modify the detailed design drawings or detailed costs estimatedrawings, 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 30. 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.
Appears in 1 contract
Samples: Planning Agreement
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.setting
(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;Assessment
(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 3.2 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 3.2 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 3.2 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.
Appears in 1 contract
Samples: Planning Agreement
Final design of Developer’s Works.
(a) Within 3 months of the date that the City accepts, or is taken to have accepted, the design of this document the Public Benefit components of the Developer’s Works under clause 4.2 (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 60 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 5 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 5 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 5 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.
Appears in 1 contract
Samples: Planning Agreement
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 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;
(ii) to the extent the DBP Act or the DBP Regulation apply to the Developer’s Works, the Regulated Designs and the Design Compliance Declarations for those Regulated Designs; and
(iiiii) 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 5.2 of Schedule 3.
(d) If the Developer:
(i) fails to prepare the detailed design drawings or detailed costs estimate;
(ii) fails to provide the Regulated Designs and Design Compliance Declarations referred to in clause 5.2(a)(ii) of Schedule 3 (if applicable); or
(iiiii) does not provide further information or modify the detailed design drawings or detailed costs estimate, in accordance with this clause 4.2 5.2 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 5.2 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.
Appears in 1 contract
Samples: Planning Agreement
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 3.2 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 3.2 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 3.2 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.
Appears in 1 contract
Samples: Planning Agreement
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;
(ii) to the extent the DBP Act or the DBP Regulation apply to the Developer’s Works, the Regulated Designs and the Design Compliance Declarations for those Regulated Designs; and
(iiiii) 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 30.
(d) If the Developer:
(i) fails to prepare the detailed design drawings or detailed costs estimate;
(ii) fails to provide the Regulated Designs and Design Compliance Declarations referred to in clause 4.2(a)(ii) of Schedule 3 (if applicable); or
(iiiii) does not provide further information or modify the detailed design drawings or detailed costs estimate, in accordance with this clause 4.2 of Schedule 30, 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 30. 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.
Appears in 1 contract
Samples: Planning Agreement
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 3.2 of Schedule 30.
(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 3.2 of Schedule 30, 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 3.2 of Schedule 30. 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.
Appears in 1 contract
Samples: Planning Agreement
Final design of Developer’s Works. (a) Within No later than 3 months prior to the lodging of a Development Application for the date of this document Development (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. , by reference to the plans and specifications set out in Annexure
A. 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.
Appears in 1 contract
Samples: Planning Agreement
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.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 3.2 of Schedule 330.
(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 3.2 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 3.2 of Schedule 330. 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.
Appears in 1 contract
Samples: Planning Agreement
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 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; andthe
(ii) a detailed costs estimate (certified by a Quantity Surveyor) setting out the estimated cost of the Developer’s Works.setting
(b) Within 30 20 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 acting reasonably may:
(i) reject items included within the Quantity Surveyor’s Assessment which are not directly related to the Developer’s Works;Assessment
(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.
Appears in 1 contract
Samples: Planning Agreement