Owner’s Obligations. The Owner shall: Not engage any other Principal Certifying Authority after the appointment of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA in accordance with the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislation, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or the Building Contract; or Any matters of non-compliance with the Act on the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges Schedule. In the event that the PCA is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged by the PCA for completing a required inspection and invoiced to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf of the Principal Certifying Authority (the Council) Signature Date ………………………………………….…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
Appears in 4 contracts
Samples: Principal Certifying Authority Service Agreement, Principal Certifying Authority Service Agreement, Principal Certifying Authority Service Agreement
Owner’s Obligations. The Owner shall: Not engage any other Principal Certifying Authority after the appointment of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCA, attached (a) Notwithstanding anything contained herein to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior contrary in Article 4 hereof, the Tenant shall not be obligated to occupying make any repairs to the subject development; Comply with roof, foundation, exterior walls, load-bearing interior walls or any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA in accordance with the terms of the Agreement Variations In the event that: The building works do not commence within twelve structural defects (12collectively, "Structural Repairs") months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates unless said repairs are required to be issued made necessary by the PCA than those listed herein; carelessness, omission, neglect or A requirement improper conduct of the legislationTenant or Tenant's servants, Building Code of Australia employees, invitees or any other regulation requires any aspect of the building works to be varied; or The PCA is licensees. Owner shall perform all Structural Repairs not required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Tenant under this subparagraph 40 (a), Tenant shall notify Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with same. If, within twenty (20) days after such notice Owner fails to complete such repairs (or, if such repairs are of a nature that they cannot reasonably be completed within such twenty (20) day period, Owner fails to commence such repairs within such twenty (20) day period and thereafter diligently prosecute the delay as reasonably determined same to completion), then Tenant may cause such repairs to be made at Owner's reasonable expense. If Owner in good faith disputes its obligation to make any repair, such dispute shall be resolved by arbitration in Bridgeport, Connecticut under the PCA; Must give auspices and rules of the American Arbitration Association. Tenant's right to cure set forth in the previous sentence shall be subject to any such arbitration proceeding.
(b) Owner notice that a variation will shall light the access roads and parking areas during the hours between 7:00 AM and 10:00 PM, (but not after sunrise or before sunset), Monday through Friday, except on holidays. Tenant shall be necessary within 7 days responsible for lighting Tenant's entrances and loading areas.
(c) Owner shall clean and remove snow and ice from the date access roads and parking areas (or, if the removal of ice is not reasonably possible, sand the same) except that Tenant shall remove snow and ice at Tenant's entrances and on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate timeany paved way solely for Tenant's use, or Fails on any steps or xxxxxx or platforms leading to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or the Building Contract; or Any matters of non-compliance with the Act on the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges Schedule. In the event that the PCA is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged by the PCA for completing a required inspection and invoiced to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf of the Principal Certifying Authority (the Council) Signature Date …………………………………………Tenant's premises.…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
Appears in 3 contracts
Samples: Lease Modification Agreement, Lease Modification Agreement (Teavana Holdings Inc), Lease Modification Agreement (Teavana Holdings Inc)
Owner’s Obligations. A. The Owner shall: Not engage agrees not to evict or commence any other Principal Certifying Authority after eviction proceeding against any tenant(s) of any Qualifying Dwelling Unit in the appointment Building, except for cause and subject to all legal requirements and procedures for any such eviction and/or proceeding. As further described in the PPM (Sub sections 4.02.02 through 4.03) this restriction is in force for a period of not less than two years where the cost of heat is paid by the Household, and not less than five years where the cost of heat is included in the rent. The time periods begin to run as of the PCA. Breach Certification Date.
B. The Owner agrees that the rents for Qualifying Dwelling Units, as set forth in Section XV, shall not be increased because of the weatherization improvements paid for by WAP Funds.
C. The Owner agrees that the terms, promises, and obligations of this condition will entitle Agreement shall supersede and be superior to any inconsistent provision of any oral or written lease or other agreement affecting the PCA rents collected for the Qualifying Dwelling Units listed in Section XV.
D. The Owner agrees that Xxxxxxxx Units identified in Section XV which are designated as vacant- eligible as of the Effective date of this Agreement shall be rented to recover any costs or occupied by a Qualifying Household within 180 days of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure the Certification date.
E. The Owner affirms that the site building is available not presently being offered for sale and further agrees to notify the PCA Subgrantee not less than 30 calendar days prior to carry out the sale or purchase or conversion of building. Owner agrees to obtain, in writing, the purchaser's consent to assume the Owner's obligations under this Agreement at least 10 business days prior to the closing of any sale. If consent is not obtained, Owner agrees to pay the Subgrantee the full cost of the weatherization Work Scope. The requirement in this section ends when the restrictions described in section III (A) end, or such earlier date that this Agreement is terminated.
F. The Owner agrees to complete all critical stage inspections and any other inspections work identified in Exhibit B of this Agreement as the PCA considers appropriateresponsibility of the Owner. These All work completed by the Owner as part of required owner investment shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA completed in accordance with HCR standards and procedures. The Subgrantee has no obligation to begin its work until the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate Owner’s work is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislation, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then the PCA: May vary the contract done to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”)Subgrantee's satisfaction. If the PCA terminates the Agreement then the PCA is entitled Owner fails to payment of termination moneycomplete, or cause to be completed, the amount of which shall be work to the amount outstanding at the time of termination. If the PCA terminates the AgreementSubgrantee's satisfaction, the PCA Subgrantee may complete the work or cause it to be completed. Any expenses incurred by the Subgrantee in completing work that is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, responsibility shall be paid by the Owner must indemnify to the PCA for any liabilitiesSubgrantee.
G. The Owner agrees to maintain all the Weatherization Materials, including but not limited to professional liability and public liabilitynew heating systems, of whatsoever nature that emanate from: The need to terminate installed or necessary under this Agreement or the Building Contract; or Any matters of non-compliance in a manner consistent with the Act on the optimum performance, save for normal wear and tear, and in conformance with all relevant codes regarding maintenance. The Owner agrees to enroll appropriate building personnel in a building maintenance course approved by Subgrantee as part of the Owner investment requirement listed in Exhibit B of this agreement.
H. In the event windows will be replaced, repaired or any modified, the Owner agrees to be responsible for the removal and reinstallation (or installation where none exist and are required by code) of all child guards, security gates, or other contractors Dispute Resolution Any dispute items attached to or installed in windows so that the installation of whatever nature to do with this Agreement prime windows may proceed in an unimpeded manner. Such work must be referred to a court of competent jurisdiction. Fees in accordance with all applicable codes.
I. The Agreement price will be claimed Owner affirms that the building has not previously received weatherization assistance under any program administered by the PCA and is due and payable by the Owner upon lodgement NYS Weatherization Assistance Program after September 30, 1994. Failure to Council disclose such previous weatherization shall be a default of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges ScheduleAgreement. In the event that of such default the PCA Owner shall pay the Subgrantee the full cost of weatherization work under this Agreement.
J. The Owner agrees to provide the Subgrantee fuel consumption data for this building for two years of total energy consumption (electrical and heating fuel) immediately following the completion of the work in this Agreement. This data shall be supplied to the Subgrantee as soon as practicable after it is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged received by the PCA Owner. In situations where the tenant is responsible for completing a required inspection and invoiced paying for fuel costs, the Subgrantee will collect fuel consumption data directly from the tenant.
K. The Owner agrees to provide documentation of lead hazard clearance test results to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim Subgrantee for any work done by or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf of the Principal Certifying Authority (the Council) Signature Date …………………………………………Owner that is subject to local, State, or Federal lead hazard control laws, codes, ordinances, or rules.…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
L. The Owner agrees to comply with all applicable codes, ordinances, laws, and rules, including local lead hazard control and other health and safety laws, and to follow any recommendations or directives received from HCR or Subgrantee regarding hazards or safety.
Appears in 2 contracts
Samples: Owner Agreement, Owner Agreement
Owner’s Obligations. The Owner shall: Not engage any other Principal Certifying Authority after a. To insure the appointment integrity of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that program the Owner can reasonably obtain agrees to enable maintain the PCA to fulfil its statutory and contractual obligations; Pay the PCA Premises in accordance with the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislationa condition satisfactory for occupancy, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed hereinincluding, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability floors, carpets, appliances, air conditioning, heating, hot water, plumbing, electrical wiring, kitchen fixtures, draperies and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or all items specified in the Building Contract“Properties Basic Equipment List”; or Any matters of non-compliance with the Act on the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges ScheduleExhibit D germane. In the event that the PCA Premises, in the Company’s sole judgment, are not acceptable for occupancy, the Company shall have the right to remove the Premises from the program. In the event Premises shall become unacceptable for occupancy, due to insufficient equipment or furnishings, failure of utilities, or other cause materially affecting the quality of a guest’s stay, or if the Condominium Association shall not maintain the common areas surrounding the Premises to a quality standard acceptable to the Company, the Company shall have the right to place the Premises in an “out-of-order” status. The Company shall have no obligation to reserve the Premises while “out-of-order”. The Company agrees to return the Premises to occupancy status as soon as the cause for the “out-of-order” status is corrected and the Company has had the opportunity to confirm such correction. In no event shall the Company be liable for any losses that accrue to Owner because the Premises are placed in “out-of-order” status.
b. Two telephones must be provided for the Premises; one for the living/kitchen area and the other for the master bedroom. Such telephones will be provided by the Company and be an extension from the central switchboard. Monthly fees (as outlined in Exhibit B) shall be at the Owner’s expense until such service has been disconnected. The Owner agrees that the Company’s Accounting Department shall have the right to deduct from Owner’s Net Proceeds all expenses accrued by the Owner for the Premises prior to the disbursement of any revenues.
c. Owners shall be responsible for direct payment of the following items:
1) Electric
2) Water and sewer bills
3) Direct payment of gas propane bills for homes utilizing propane heating systems or having a gas fireplace, Owner is required to carry out maintain a contract that provides for an automatic/scheduled refill of the propane system. In addition to direct payment to service provider, Owners of homes:
i. Agrees to pay charges for trash collection/removal as set forth in Exhibit A.
ii. Agrees to bear any additional inspections or re-inspections expense for whatever reasonpest control service, that have not already been paid for upon lodgement if needed during the term of this applicationagreement. The company recommends monthly pest control service to the Premises, through a professional pest control service, approved by the Company.
iii. Agrees to outside services such as snow removal and/or de-icing of walkways, driveways, and sidewalks (arranged by Company as needed)
iv. Will provide (if equipped) fire wood for wood burning fireplaces (as arranged by Company as needed).
v. Fireplace inspection by professional, cleaning and repairs as needed. Premises fireplace is evaluated as part of the Maintenance agreement and Company will be charged report any concerns to Owner. Failure to maintain such services may result in termination of this Agreement pursuant to Paragraph 7(g). The Owner authorizes the Company, at the same rate or fee as is charged by Company’s discretion, to pay delinquent utility charges for the PCA for completing a required inspection and invoiced to Premises. In the applicant as listed above, being event the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and Company pays these charges on behalf of the Principal Certifying Authority (Owner, a service charge equal to 15% of the Council) Signature Date …………………………………………delinquent charge for the first delinquency occurrence, and 25% of the delinquent charge for all delinquency occurrences thereafter, will be added to the billing. The Owner agrees that the Company’s Accounting Department shall have the right to deduct from Owner’s proceeds all expenses accrued by the Owner for the Premises prior to the disbursement of any revenues.…………………….. … ……………………….. (Authorised Officer
d. For Owner occupancies, the Owner agrees to pay the Company a Departure Cleaning Fee as set forth in Exhibit A attached hereto. Special rates for charging per “rooms used” cannot be honored.
e. For Friend of CootamundraOwner occupancies, Owner agrees to pay a Departure Cleaning Fee as set forth in Exhibit A attached hereto, unless such charges are paid directly to the Company by such Friend of Owner. The Owner will be responsible for any unpaid balance left on a Friend of Owner account.
f. The Company agrees to re-Gundagai Regional Council)pin the properties main lock and any perimeter door lock to the Wintergreen Resort Services master key and the ski locker closet. Re-pinning will occur at the end of the contract period and keys issued to the owner.
g. The Owner agrees to pay a Winter Seasonal Setup Fee as set forth in Exhibit B attached hereto for the services provided by the Company hereunder.
h. The Owner agrees to pay the Company all amounts owed to the Company within 60 days after receiving a statement. Bills that remain unpaid beyond this 60-day period will be subject to finance charges.
Appears in 2 contracts
Samples: Seasonal Transient Occupancy Management Agreement, Seasonal Transient Occupancy Management Agreement
Owner’s Obligations. The Owner shall: • Not engage any other Principal Certifying Authority after the appointment of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; • Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development • Obtain an Occupation Certificate prior to occupying the subject development; • Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; • Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; • Pay the PCA in accordance with the terms of the Agreement Variations In the event that: • The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or • Any part of the building works is re-designed; or • More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or • A requirement of the legislation, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or • The PCA is required to undertake more inspections than those listed herein, or • Is required to issue any notices or orders; then Then the PCA: • May vary the contract to the extent that the PCA will be able to carry out its contractual obligations • May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; • May claim all costs associated with the delay as reasonably determined by the PCA; • Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or the Building Contract; or Any matters of non-compliance with the Act on the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges Schedule. In the event that the PCA is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged by the PCA for completing a required inspection and invoiced to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf of the Principal Certifying Authority (the Council) Signature Date ………………………………………….…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
Appears in 2 contracts
Samples: Principal Certifying Authority Service Agreement, Principal Certifying Authority Service Agreement
Owner’s Obligations. The Owner shall: Not engage any other Principal Certifying Authority after a. To insure the appointment integrity of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that program the Owner can reasonably obtain agrees to enable maintain the PCA to fulfil its statutory and contractual obligations; Pay the PCA Premises in accordance with the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislationa condition satisfactory for occupancy, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed hereinincluding, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability floors, carpets, appliances, air conditioning, heating, hot water, plumbing, electrical wiring, kitchen fixtures, draperies and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or all items specified in the Building Contract“Properties Basic Equipment List”; or Any matters of non-compliance with the Act on the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges ScheduleExhibit D germane. In the event that the PCA Premises, in the Company’s sole judgment, are not acceptable for occupancy, the Company shall have the right to remove the Premises from the program. In the event Premises shall become unacceptable for occupancy, due to insufficient equipment or furnishings, failure of utilities, or other cause materially affecting the quality of a guest’s stay, or if the Condominium Association shall not maintain the common areas surrounding the Premises to a quality standard acceptable to the Company, the Company shall have the right to place the Premises in an “out-of-order” status. The Company shall have no obligation to reserve the Premises while “out-of-order”. The Company agrees to return the Premises to occupancy status as soon as the cause for the “out-of-order” status is corrected and the Company has had the opportunity to confirm such correction. In no event shall the Company be liable for any losses that accrue to Owner because the Premises are placed in “out-of-order” status.
b. Two telephones must be provided for the Premises; one for the living/kitchen area and the other for the master bedroom. Such telephones will be provided by the Company and be an extension from the central switchboard. Monthly fees (as outlined in Exhibit B) and installation costs shall be at the Owner’s expense until such service has been disconnected. The Owner agrees that the Company’s Accounting Department shall have the right to deduct from Owner’s Net Proceeds all expenses accrued by the Owner for the Premises prior to the disbursement of any revenues.
c. Owners shall be responsible for direct payment of the following items:
1) Electric
2) Water and sewer bills
3) Direct payment of gas propane bills for homes and/or other properties utilizing propane heating systems or having a gas fireplace, Owner is required to carry out maintain a contract that provides for an automatic/scheduled refill of the propane system. In addition to direct payment to service provider, Owners of homes:
i. agrees to pay charges for trash collection/removal as set forth in Exhibit A.
ii. agrees to provide monthly pest control service to the Premises, through a professional pest control service, approved by the Company. Upon request, the Owner shall provide evidence of such pest control service to the Company.
iii. iii. agrees to outside services such as snow removal and/or de-icing of walkways, driveways, and sidewalks (arranged by Company as needed)
iv. agrees to exterior routine maintenance of grass and weed trimming, debris removal, fall clean-up (arranged by Company as needed)
v. will provide (if equipped) fire wood for wood burning fireplaces (as arranged by Company as needed).
vi. agrees to have the fireplace inspected and cleaned annually. Owner will be provided with a list of any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement repairs necessary. Failure to maintain such services may result in termination of this applicationAgreement addressed in Paragraph 6. The Owner authorizes the Company, will be charged at the same rate or fee as is charged by Company’s discretion, to pay delinquent utility charges for the PCA for completing a required inspection and invoiced to Premises. In the applicant as listed above, being event the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and Company pays these charges on behalf of the Principal Certifying Authority Owner, a service charge equal to 15% of the delinquent charge for the first delinquency occurrence, and 25% of the delinquent charge for all delinquency occurrences thereafter, will be added to the billing. The Owner agrees that the Company’s Accounting Department shall have the right to deduct from Owner’s proceeds all expenses accrued by the Owner for the Premises prior to the disbursement of any revenues.
d. The Owner is required to have an Annual Cleaning of the Premises performed by Wintergreen Housekeeping Department or an approved sub-contractor at Owner’s expense. In addition, all dry cleaning requirements must be met and itemized receipts provided. Annual Cleanings that are not performed by Wintergreen Housekeeping must be scheduled and coordinated through the Director of Housekeeping. At the completion of Annual Cleanings performed by the Owner or an approved sub-contractor, an inspection must be pre-arranged by contacting the Director of Housekeeping. Owner will be responsible for correcting any portion of the Annual Cleaning not approved by Wintergreen Housekeeping. The Company reserves the right to place a unit in “out of order” status until the unit passes inspection (another inspection will need to be scheduled after any required corrective action). Cost for Annual Cleanings performed by Wintergreen Housekeeping Department will be determined at the Councilbeginning of each year. NOTE: Annual cleaning does not include window washing. Window washing is a contracted service and may be conducted on an “as-needed” basis throughout the year. Window washing includes interior and exterior cleaning.
e. For Owner occupancies, the Owner agrees to pay the Company a Departure Cleaning Fee as set forth in Exhibit A attached hereto. Special rates for charging per “rooms used” cannot be honored.
f. For Friend of Owner occupancies, Owner agrees to pay a Departure Cleaning Fee as set forth in Exhibit A attached hereto, unless such charges are paid directly to the Company by such Friend of Owner. The Owner will be responsible for any unpaid balance left on a Friend of Owner account.
g. The Company agrees to install an electronic lock system at Owner’s cost (paragraph 10 below). VING lock installation may require installation of new door to accommodate lock. New door will be at Owner’s expense.
h. The Owner of any property joining or rejoining the program agrees to pay the following fees:
i) Signature Date …………………………………………The Set-Up Fee (one- time fee) as set forth in Exhibit A attached hereto.…………………….. … ……………………….. (Authorised Officer of Cootamundra
ii) Any Annual Cleaning Fee or Departure Cleaning charge required by the Company.
iii) Annual maintenance fee for preventative maintenance functions as stated in Exhibit C.
i. The Owner agrees to pay the Company all amounts owed to the Company within 60 days after receiving a statement. Bills that remain unpaid beyond this 60-Gundagai Regional Council)day period will be subject to finance charges.
Appears in 2 contracts
Samples: Transient Occupancy Management Agreement, Transient Occupancy Management Agreement
Owner’s Obligations. The Owner shall: • Not engage any other Principal Certifying Authority after the appointment of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; • Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development • Obtain an Occupation Certificate prior to occupying the subject development; • Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; • Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; • Pay the PCA in accordance with the terms of the Agreement Variations In the event that: • The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or • Any part of the building works is re-designed; or • More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or • A requirement of the legislation, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or • The PCA is required to undertake more inspections than those listed herein, or • Is required to issue any notices or orders; then the PCA: • May vary the contract to the extent that the PCA will be able to carry out its contractual obligations • May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; • May claim all costs associated with the delay as reasonably determined by the PCA; • Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: • Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; • Fails to give notice of commencement at the appropriate time, or • Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or • Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or • Breaches the Agreement in any respect; or • Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA • May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. • If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability and public liability, of whatsoever nature that emanate from: • The need to terminate this Agreement or the Building Contract; or • Any matters of non-compliance with the Act on the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges Schedule. In the event that the PCA is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged by the PCA for completing a required inspection and invoiced to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf of the Principal Certifying Authority (the Council) Signature Date ………………………………………….…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
Appears in 2 contracts
Samples: Principal Certifying Authority Service Agreement, Principal Certifying Authority Service Agreement
Owner’s Obligations. The Owner shall: Not engage any other Principal Certifying Authority after the appointment of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA in accordance with the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislation, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then Then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then Then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or the Building Contract; or Any matters of non-compliance with the Act on the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges Schedule. In the event that the PCA is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged by the PCA for completing a required inspection and invoiced to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf of the Principal Certifying Authority (the Council) Signature Date ………………………………………….…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
Appears in 1 contract
Owner’s Obligations. The Owner shall: Not engage any other Principal Certifying Authority after a. To insure the appointment integrity of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that program the Owner can reasonably obtain agrees to enable maintain the PCA to fulfil its statutory and contractual obligations; Pay the PCA Premises in accordance with the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislationa condition satisfactory for occupancy, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed hereinincluding, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability floors, carpets, appliances, air conditioning, heating, hot water, plumbing, electrical wiring, kitchen fixtures, draperies and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or all items specified in the Building Contract“Properties Basic Equipment List”; or Any matters of non-compliance with the Act on the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges ScheduleExhibit D germane. In the event that the PCA Premises, in the Company’s sole judgment, are not acceptable for occupancy, the Company shall have the right to remove the Premises from the program. In the event Premises shall become unacceptable for occupancy, due to insufficient equipment or furnishings, failure of utilities, or other cause materially affecting the quality of a guest’s stay, or if the Condominium Association shall not maintain the common areas surrounding the Premises to a quality standard acceptable to the Company, the Company shall have the right to place the Premises in an “out-of-order” status. The Company shall have no obligation to reserve the Premises while “out-of-order”. The Company agrees to return the Premises to occupancy status as soon as the cause for the “out-of-order” status is corrected and the Company has had the opportunity to confirm such correction. In no event shall the Company be liable for any losses that accrue to Owner because the Premises are placed in “out-of-order” status.
b. Two telephones must be provided for the Premises; one for the living/kitchen area and the other for the master bedroom. Such telephones will be provided by the Company and be an extension from the central switchboard. Monthly fees (as outlined in Exhibit B) and installation costs shall be at the Owner’s expense until such service has been disconnected. The Owner agrees that the Company’s Accounting Department shall have the right to deduct from Owner’s Net Proceeds all expenses accrued by the Owner for the Premises prior to the disbursement of any revenues.
c. Owners shall be responsible for direct payment of the following items:
1) Electric
2) Water and sewer bills
3) Direct payment of gas propane bills for homes and/or other properties utilizing propane heating systems or having a gas fireplace, Owner is required to carry out maintain a contract that provides for an automatic/scheduled refill of the propane system. In addition to direct payment to service provider, Owners of homes:
i. agrees to pay charges for trash collection/removal as set forth in Exhibit A.
ii. agrees to provide monthly pest control service to the Premises, through a professional pest control service, approved by the Company. Upon request, the Owner shall provide evidence of such pest control service to the Company.
iii. agrees to outside services such as snow removal and/or de-icing of walkways, driveways, and sidewalks (arranged by Company as needed)
iv. agrees to exterior routine maintenance of grass and weed trimming, debris removal, fall clean-up (arranged by Company as needed)
v. will provide (if equipped) fire wood for wood burning fireplaces (as arranged by Company as needed).
vi. agrees to have the fireplace inspected and cleaned annually. Owner will be provided with a list of any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement repairs necessary. Failure to maintain such services may result in termination of this applicationAgreement addressed in Paragraph 6. The Owner authorizes the Company, will be charged at the same rate or fee as is charged by Company’s discretion, to pay delinquent utility charges for the PCA for completing a required inspection and invoiced to Premises. In the applicant as listed above, being event the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and Company pays these charges on behalf of the Principal Certifying Authority Owner, a service charge equal to 15% of the delinquent charge for the first delinquency occurrence, and 25% of the delinquent charge for all delinquency occurrences thereafter, will be added to the billing. The Owner agrees that the Company’s Accounting Department shall have the right to deduct from Owner’s proceeds all expenses accrued by the Owner for the Premises prior to the disbursement of any revenues.
d. The Owner is required to have an Annual Cleaning of the Premises performed by Wintergreen Housekeeping Department or an approved sub-contractor at Owner’s expense. In addition, all dry cleaning requirements must be met and itemized receipts provided. Annual Cleanings that are not performed by Wintergreen Housekeeping must be scheduled and coordinated through the Director of Housekeeping. At the completion of Annual Cleanings performed by the Owner or an approved sub-contractor, an inspection must be pre-arranged by contacting the Director of Housekeeping. Owner will be responsible for correcting any portion of the Annual Cleaning not approved by Wintergreen Housekeeping. The Company reserves the right to place a unit in “out of order” status until the unit passes inspection (another inspection will need to be scheduled after any required corrective action). Cost for Annual Cleanings performed by Wintergreen Housekeeping Department will be determined at the Councilbeginning of each year. NOTE: Annual cleaning does not include window washing. Window washing is a contracted service and may be conducted on an “as-needed” basis throughout the year. Window washing includes interior and exterior cleaning.
e. For Owner occupancies, the Owner agrees to pay the Company a Departure Cleaning Fee as set forth in Exhibit A attached hereto. Special rates for charging per “rooms used” cannot be honored.
f. For Friend of Owner occupancies, Owner agrees to pay a Departure Cleaning Fee as set forth in Exhibit A attached hereto, unless such charges are paid directly to the Company by such Friend of Owner. The Owner will be responsible for any unpaid balance left on a Friend of Owner account.
g. The Company agrees to install an electronic lock system at Owner’s cost (paragraph 10 below). VING lock installation may require installation of new door to accommodate lock. New door will be at Owner’s expense.
h. The Owner of any property joining or rejoining the program agrees to pay the following fees:
i) Signature Date …………………………………………The Set-Up Fee (one- time fee) as set forth in Exhibit A attached hereto.…………………….. … ……………………….. (Authorised Officer of Cootamundra
ii) Any Annual Cleaning Fee or Departure Cleaning charge required by the Company.
iii) Annual maintenance fee for preventative maintenance functions as stated in Exhibit C.
i. The Owner agrees to pay the Company all amounts owed to the Company within 60 days after receiving a statement. Bills that remain unpaid beyond this 60-Gundagai Regional Council)day period will be subject to finance charges.
Appears in 1 contract
Owner’s Obligations. The Owner shall: Not engage (a) Notwithstanding anything contained herein to the contrary in Article 4 hereof, the Tenant shall not be obligated to make any other Principal Certifying Authority after repairs to the appointment roof, foundation, all exterior utility lines, exterior walls, load-bearing interior walls, common areas, parking and loading dock areas, repairs mandated by law or any structural defects not caused by Tenant's particular use of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCApremises (collectively, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA in accordance with the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12"Structural Repairs") months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates unless said repairs are required to be issued made necessary by the PCA than those listed herein; omission, negligence or A requirement misconduct of the legislationTenant or Tenant's servants, Building Code of Australia employees, invitees or any other regulation requires any aspect of the building works to be varied; or The PCA is licensees. Owner shall perform at its expense all Structural Repairs not required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way Tenant under this subparagraph 40 (a). Tenant shall notify Owner of Notice the same. If, within twenty (20) days after such notice Owner fails to complete such repairs (or, if such repairs are of a nature that they cannot reasonably be completed within such twenty (20) day period, Owner fails to commence such repairs within such twenty (20) day period and thereafter diligently prosecute the same to completion), then Tenant may cause such repairs to be made at Owner's reasonable expense. If Owner in good faith disputes its obligation to make any repair, such dispute shall be resolved by arbitration in Bridgeport, Connecticut under the auspices and rules of the American Arbitration Association. Tenant's right to cure set forth in the previous sentence shall be subject to any such arbitration proceeding.
(b) Owner shall clean and remove snow and ice (or, if the removal of ice is not reasonably possible, salt and sand the same) except that Tenant shall remove snow and ice at Tenant's entrances and on any walkways solely for Tenant's pedestrian use, or on any steps or stooxx xx platforms leading to Tenant's premises.
(c) Owner shall not be obligated to remove snow from areas in the vicinity of Tenant's entrances or loading areas which were obstructed by a parked vehicle at the time Owner's snow removal equipment was servicing the area. Owner shall not be obligated to institute snow plowing unless the accumulation exceeds one (1) inch.
(d) Owner shall not be required, unless otherwise agreed to in writing, to furnish any service during hours other than those set forth in this Lease.
(e) Owner shall maintain at its expense the access roads and parking areas in good order and repair. Tenant shall perform, at its expense, any necessary repairs and maintenance with respect to the loading dock serving the demised premises.
(f) Owner stating the reason/s for the increase shall comply, at its expense, with those laws, ordinances, rules and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate timeregulations (collectively, or Fails to pay any money owing "Laws and Ordinances") applicable to the PCA after thirty (30) days of that money becoming payable; building or Has an execution levied against itthe use and occupancy thereof, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of which Laws and Ordinances neither Tenant nor any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion other occupant of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination is obligated to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or the Building Contract; or Any matters of non-compliance with the Act on the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges Schedule. In the event that the PCA is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged by the PCA for completing a required inspection and invoiced to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf of the Principal Certifying Authority (the Council) Signature Date …………………………………………comply with.…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
Appears in 1 contract
Samples: Lease Agreement (Thermo Vision Corp)
Owner’s Obligations. The Owner shall: Not engage any other Principal Certifying Authority after 2.01 Upon no less than 60 days of receiving written notice from the appointment Director, Calgary Approvals Coordination stating that either Usual Urban Services will be provided to the Lands or that they are currently available to the Lands, or such longer period of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed time specified in the requirements of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA in accordance with the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislation, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspectionnotice, the Owner must indemnify shall at its sole cost and expense:
(a) grant to the PCA for any liabilitiesCity all utility rights of way across and under the Lands deemed necessary by the Director, Calgary Approvals Coordination in his sole and unfettered discretion, by executing a Utility Right of Way Agreement;
(b) pay to the City, in a form satisfactory to the Director, Calgary Approvals Coordination, an amount representing the payment of all costs normally payable to the City by an owner developing land in the City of Calgary, including but not limited to professional liability acreage assessments and public liabilityinspection fees, at the rates in effect as of whatsoever nature the date of payment, all as determined by the Director, Calgary Approvals Coordination, in his sole and unfettered discretion;
(c) commence and complete the installation and connection of the Owner’s sewer and water facilities to the Underground Utilities.
2.02 The Owner agrees that emanate from: all construction referred to in paragraph 2.01(c) shall be undertaken and completed in a good and workmanlike manner and in accordance with all federal or provincial laws, municipal bylaws, policies, rules, or regulations then in effect and shall be completed with due and reasonable diligence by the Owner.
2.03 The need Owner agrees that if any work done by him or required to terminate be done by him by this Agreement or is to be undertaken on lands owned by the Building Contract; or Any matters City, prior to commencing any such work, the Owner shall apply for and execute an Indemnification Agreement.
2.04 The Owner agrees that it shall be solely responsible for the payment of nonall costs of constructing, repairing, operating, and maintaining all Underground Utilities and Surface Improvements which relate to the Development, which costs may include, but are not limited to, those relating to site utility service connections and any driveways from the adjacent public carriageway.
2.05 The Owner agrees that it shall, at its sole cost and expense, control on-compliance with the Act site storm water on the part Lands to ensure that such water does not flood or create a ponding or erosion problem on adjacent lands and shall do so by employing On-Site Storm Water Management Techniques.
2.06 The Owner agrees that it shall not:
(a) alter, re-direct, block or otherwise affect the natural drainage pattern, including storm water flow rates and volumes, on or adjacent to the Lands; or
(b) fill or alter the existing grades on or adjacent to the Lands without the written consent of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature Director, Calgary Approvals Coordination, such decision to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed made by the PCA Director, Calgary Approvals Coordination in his sole and is due unfettered discretion.
2.07 The Owner agrees it shall be jointly and payable by severally liable for the Owner upon lodgement to Council of obligations under this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges Schedule. In the event that the PCA is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged by the PCA for completing a required inspection and invoiced to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf of the Principal Certifying Authority (the Council) Signature Date …………………………………………Agreement.…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
Appears in 1 contract
Samples: Deferred Services Agreement
Owner’s Obligations. The Owner shall: Not engage any other Principal Certifying Authority after a. To insure the appointment integrity of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that program the Owner can reasonably obtain agrees to enable maintain the PCA to fulfil its statutory and contractual obligations; Pay the PCA Premises in accordance with the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislationa condition satisfactory for occupancy, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed hereinincluding, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability floors, carpets, appliances, air conditioning, heating, hot water, plumbing, electrical wiring, kitchen fixtures, draperies and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or all items specified in the Building Contract“Properties Basic Equipment List”; or Any matters of non-compliance with the Act on the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges ScheduleExhibit D germane. In the event that the PCA Premises, in the Company’s sole judgment, are not acceptable for occupancy, the Company shall have the right to remove the Premises from the program. In the event Premises shall become unacceptable for occupancy, due to insufficient equipment or furnishings, failure of utilities, or other cause materially affecting the quality of a guest’s stay, or if the Condominium Association shall not maintain the common areas surrounding the Premises to a quality standard acceptable to the Company, the Company shall have the right to place the Premises in an “out-of-order” status. The Company shall have no obligation to reserve the Premises while “out-of-order”. The Company agrees to return the Premises to occupancy status as soon as the cause for the “out-of-order” status is corrected and the Company has had the opportunity to confirm such correction. In no event shall the Company be liable for any losses that accrue to Owner because the Premises are placed in “out-of-order” status.
b. Two telephones must be provided for the Premises; one for the living/kitchen area and the other for the master bedroom. Such telephones will be provided by the Company and be an extension from the central switchboard. Monthly fees (as outlined in Exhibit B) and installation costs shall be at the Owner’s expense until such service has been disconnected. The Owner agrees that the Company’s Accounting Department shall have the right to deduct from Owner’s Net Proceeds all expenses accrued by the Owner for the Premises prior to the disbursement of any revenues.
c. Owners shall be responsible for direct payment of the following items:
1) Electric
2) Water and sewer bills
3) Direct payment of gas propane bills for homes and/or other properties utilizing propane heating systems or having a gas fireplace, Owner is required to carry out maintain a contract that provides for an automatic/scheduled refill of the propane system. In addition to direct payment to service provider, Owners of homes:
i. agrees to pay charges for trash collection/removal as set forth in Exhibit A.
ii. agrees to provide monthly pest control service to the Premises, through a professional pest control service, approved by the Company. Upon request, the Owner shall provide evidence of such pest control service to the Company.
iii. iii. agrees to outside services such as snow removal and/or de-icing of walkways, driveways, and sidewalks (arranged by Company as needed)
iv. agrees to exterior routine maintenance of grass and weed trimming, debris removal, fall clean-up (arranged by Company as needed)
v. will provide (if equipped) fire wood for wood burning fireplaces (as arranged by Company as needed).
vi. agrees to have the fireplace inspected and cleaned annually. Owner will be provided with a list of any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement repairs necessary. Failure to maintain such services may result in termination of this applicationAgreement addressed in Paragraph 6. The Owner authorizes the Company, will be charged at the same rate or fee as is charged by Company’s discretion, to pay delinquent utility charges for the PCA for completing a required inspection and invoiced to Premises. In the applicant as listed above, being event the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and Company pays these charges on behalf of the Principal Certifying Authority (Owner, a service charge equal to 15% of the Council) Signature Date …………………………………………delinquent charge for the first delinquency occurrence, and 25% of the delinquent charge for all delinquency occurrences thereafter, will be added to the billing. The Owner agrees that the Company’s Accounting Department shall have the right to deduct from Owner’s proceeds all expenses accrued by the Owner for the Premises prior to the disbursement of any revenues.…………………….. … ……………………….. (Authorised Officer
d. For Owner occupancies, the Owner agrees to pay the Company a Departure Cleaning Fee as set forth in Exhibit A attached hereto. Special rates for charging per “rooms used” cannot be honored.
e. For Friend of CootamundraOwner occupancies, Owner agrees to pay a Departure Cleaning Fee as set forth in Exhibit A attached hereto, unless such charges are paid directly to the Company by such Friend of Owner. The Owner will be responsible for any unpaid balance left on a Friend of Owner account.
f. The Company agrees to re-Gundagai Regional Council)pin the properties main lock and any perimeter door lock to the Wintergreen Resort Services master key and the ski locker closet. Re-pinning will occur at the end of the contract period and keys issued to the owner.
g. The Owner agrees to pay a Winter Seasonal Setup Fee as set forth in Exhibit B attached hereto for the services provided by the Company hereunder.
h. The Owner agrees to pay the Company all amounts owed to the Company within 60 days after receiving a statement. Bills that remain unpaid beyond this 60-day period will be subject to finance charges.
Appears in 1 contract
Owner’s Obligations. 2.2.1 The Owner shall: Not engage any other Principal Certifying Authority after shall pay the appointment of DBO Contractor pursuant to the PCA. Breach terms of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCAAgreement, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA in accordance with the terms provisions of the Agreement Variations In the event that: Article 13 and Article 14, respectively.
2.2.2 The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislation, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspectionprovide, at the Owner’s expense, prior commencing not later than the Notice to termination Proceed, full and unrestricted access and egress for the DBO Contractor to determine the state of the development. As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or the Building Contract; or Any matters of non-compliance Facility Lands in accordance with the Act on Technical Requirements.
2.2.3 The Owner’s obligations with respect to obtaining Authorizations are set forth in the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this applicationEarly Works Agreement. The fee Owner shall obtain those government authorizations listed in the Early Works Agreement for completing a required inspection or for an Occupation Certificate (interim or final) which it is designated as per the current Council Fees responsible and Charges Schedule. In in the event that the PCA is Owner determines to proceed with any part of the Work in the absence of any such authorization, the Owner shall be responsible to the DBO Contractor for its reasonable costs, if any, arising therefrom. The Owner shall promptly deliver to the DBO Contractor copies of all such governmental authorizations which are the Owner’s responsibility. The Owner shall give all notices and pay all fees required to carry out be given or paid to any additional inspections or re-inspections governmental authority in relation to the governmental authorizations which are the Owner’s responsibility. The Owner shall use reasonable efforts to assist the DBO Contractor in its efforts to obtain the Authorizations for whatever reasonwhich the DBO Contractor is designated as responsible under this Agreement.
2.2.4 The Owner shall provide the DBO Contractor with sufficient fuel to conduct the Commissioning Work and the Acceptance Test Work.
2.2.5 The Owner shall provide temporary power, that have not already been paid for upon lodgement of this applicationpotable water, will be charged natural gas and service connections to the property line at the same rate northeast corner of the Facility Lands. The DBO Contractor shall be responsible for the cost of all temporary power and potable water used or fee as is charged consumed by the PCA for completing a required inspection and invoiced DBO Contractor in performing the Construction Work.
2.2.6 The Owner reserves the right to the applicant as listed above, being the person/company having the benefit award separate contracts in connection with other parts of the consent upon Project to other contractors or to perform that work with the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by own forces, provided that any claim for reasonable compensation for the owner substantiated impact on the DBO Contractor’s time and cost for performance of the landWork shall be determined in accordance with subsection 15.1. If more than one ownerIn that event, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner Owner agrees to cooperate with the DBO Contractor in respect of coordination and to ensure that any other contractors and the land to which this application relates, I/We consent to this application Owner’s own forces comply with the DBO Contractor’s Occupational Health and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf of the Principal Certifying Authority (the Council) Signature Date …………………………………………Safety Plan in accordance with subsection 9.1.5.…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
Appears in 1 contract
Samples: Project Agreement
Owner’s Obligations. The Owner shall: Not engage any other Principal Certifying Authority after the appointment of the PCA. Breach of this condition will entitle the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure that the site is available for the PCA to carry out all critical stage inspections and any other inspections the PCA considers appropriate. These shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA in accordance with the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislation, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, the Owner must indemnify the PCA for any liabilities, including but not limited to professional liability and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or the Building Contract; or Any matters of non-compliance with the Act on the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges Schedule. In the event that the PCA is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged by the PCA for completing a required inspection and invoiced to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Owner’s Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf of the Principal Certifying Authority (the Council) Signature Date ………………………………………….…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
Appears in 1 contract
Owner’s Obligations. A. The Owner shall: Not engage any other Principal Certifying Authority after the appointment Agrees to contribute 25% of the PCAtotal cost of weatherization to the subgrantee performing the work.
C. The Owner agrees that the rents for eligible dwelling units, as set forth in Exhibit A, shall not be increased for a period of one year, solely due to the weatherization improvements paid for by owner investment funds and Weatherization Assistance Program Funds (10 CFR Part 440, Sec. Breach 440.22).
D. The Owner agrees that the terms, promises and obligations of this condition will entitle Agreement shall supersede and be superior to any inconsistent provision of any oral or written lease or other agreement affecting the PCA rents collected for the eligible dwelling units listed in Exhibit A.
E. The Owner agrees that dwelling units identified in Exhibit A which are designated as vacant-eligible as of the effective date of this Agreement, shall be rented to recover any costs or occupied by an DOE WAP income eligible household within 180 days of whatsoever nature expended along with any profits the certification date. The Owner further agrees to submit, or cause to have submitted to the Subgrantee, written proof of that would have emanated from this contract; Ensure household's eligibility, prior to lease or occupancy of such vacant "Eligible Dwelling Unit".
F. The Owner hereby swears or affirms that the site premises is available not presently being offered for sale and further agrees to notify the PCA Subgrantee 30 calendar days prior to carry out all critical stage inspections and the sale or purchase or conversion of premises. At least 10 business days prior to the closing, the Owner agrees to obtain, in writing, the purchaser's consent to assume the Owner's obligations under this Agreement.
G. The Owner hereby swears or affirms that the premises have not previously received weatherization assistance under any other inspections program administered by the PCA considers appropriateWV Weatherization Assistance Program after September 30, 1994. These Failure to disclose such previous weatherization shall be detailed in the requirements a breach of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA in accordance with the terms of the Agreement Variations this Agreement. In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislation, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to breach the Owner stating shall pay the reason/s for Subgrantee the increase and the amount full cost of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the weatherization work under this Agreement.
H. The Owner notice hereby affirms that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of undertakings that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding involve properties greater than forty five years old at the time of termination. If the PCA terminates the Agreement, the PCA is entitled signing of this agreement are subject to carry out an inspection, at the Owner’s expense, prior to termination to determine the state review under Section 106 of the development. As from National Historic Preservation Act, 16 U.S.C 470f (NHPA) and its implementing regulations at 36 CFR part 800 and include rehabilitation, energy efficiency retrofits, renewables, and weatherization (undertakings) and agrees to work with the date Subgrantee to fulfill the stipulations of final inspectionSection 106 compliance in accordance with 36 CFR 800.2 (c)(4) as fully described in Attachment D of this contract, which represents the Letter of Agreement between the West Virginia State Historic Preservation Office (SHPO) and the Governor’s Office of Economic Opportunity (GOEO) Weatherization Program.
I. The Owner must indemnify affirms and agrees that wages paid to the PCA for any liabilities, including but not limited Subgrantee and/or its subcontractors are to professional liability and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or the Building Contract; or Any matters of non-be paid in compliance with the Xxxxx-Xxxxx Act and relevant DOL regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). The Owner agrees to pay laborers and mechanics working on stimulus funded projects at local prevailing wage rates as determined by the U.S. Department of Labor (“DOL”) under the Xxxxx- Xxxxx Act and to provide weekly certified payrolls as fully described in Attachment C of this contract.
J. Owner affirms and agrees that all renovations are to be performed by documented EPA Certified Renovators and in full accordance with the Environmental Protection Subgrantee’s work practice standards outlined in 40 CFR Section §745.85 and the associated recordkeeping requirements in §745.86(b)(6) and (b)(7) in target housing or child-occupied facilities as fully described in Attachment E of this contract. On HUD Housings Projects owner agrees to provide a Certificate of Lead-Based Paint Compliance to Subgrantee prior to any work beginning.
K. Owner agrees, in instances where tenant does not pay for energy directly, to provide in significant detail how the benefits of weatherization work will accrue primarily to low-income tenants as required by 10 CFR 440.22(b)(3)(i). The documentation must be part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA job documentation and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges Schedule. In the event that the PCA is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged by the PCA for completing a required inspection and invoiced to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by both parties.
L. Owner insures that the Subgrantee Agency will have access to all dwelling units and common areas to be weatherized upon seven days notice of a director or secretary date certain by the Subgrantee.
M. Owner insures that Subgrantee Agency will have access to post work inspect all weatherization installed measures upon completion of Dwelling Unit(s).
N. Owner shall provide Subgrantee Agency with fuel consumption data for building(s) for one year of total energy consumption data (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application electrical and execution of the Principal Certifying Service Agreement as outlined above (if applicableheating fuel). I also give consent If tenant is responsible for authorised Council officers paying fuel costs, owner shall provide the Subgrantee Agency with releases to enter obtain energy usage data directly from the land utility.
O. Owner agrees to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representativemaintain all installed weatherization materials, you must state the nature of your legal authority including new heating systems in a manner consistent with optimum performance, save for normal wear and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for tear and on behalf of the Principal Certifying Authority (the Council) Signature Date …………………………………………in conformance with all relevant codes regarding maintenance.…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
Appears in 1 contract
Samples: Multi Family Owner Agreement
Owner’s Obligations. The Without prejudice to the Owner’s obligations defined by other provisions under the Contract Documents, the Owner shall: Not engage any other Principal Certifying Authority after undertakes the appointment following further obligations.
a) Owner shall promptly inform the Contractor about all laws, regulations, rules and/or instructions applicable to the performance of the PCAWorks and provide the correct references in such regard.
b) Owner hereby expressly acknowledges that, for the purpose of the proper performance of the Contractor’s obligation under the Contract Documents, the Owner’s cooperation with the Contractor is essential. Breach of this condition will entitle Accordingly, Owner undertakes to give all the PCA to recover any costs of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure reasonable cooperation that the site is available for Contractor may require during the PCA perfomance of its activity under the Contract Documents .
c) Owner shall appoint a person in charge of Contract, duly empowered to carry out take any decision relevant to the management of the Contract and duly empowered to represent the Owner, assuring that, during the execution of the Contract, all critical stage inspections and any other inspections the PCA considers appropriate. These Owner’s decisions shall be detailed timely
d) Owner shall give any required approval, decision and validation, within the terms and under the conditions set forth in the requirements of Contract Documents; In case the PCAContract Documents don’t state a specific timeframe, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with such approval, decision and validation shall be given by Owner within a reasonable time, which in any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA in accordance with the terms of the Agreement Variations case shall not be longer than seven (7) calendar days. In the event that: The building works do , within the abovementioned periods, Owner does not commence within twelve (12either issue the required approval/decision/validation or communicate the motivated reasons for the refusal to issue the required approval/decision/validation, such approval/decision/validation shall be deemed as finally and irrevocably issued.
e) months from the date the Construction CertificateOwner shall timelly provide all information and all engineering/Complying Development Certificate is issued; or Any design documents, that shall not form part of the building works is re-designed; Works and that are considered usefull or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to necessary for the execution of the Works, unless the Contract Documents expressly and clearly state that such information and documents shall be issued obtained by the PCA than those listed herein; or A requirement Contractor;
f) Owner shall give Notice to Contractor of all faults found during the performance of the legislationWorks, Building Code of Australia or allowing the Contractor to perform any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variationremedal action. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”). If the PCA terminates the Agreement then the PCA is entitled to payment of termination money, the amount of which shall be the amount outstanding at the time of termination. If the PCA terminates the Agreement, the PCA is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspectionIn addition, the Owner must indemnify shall give Notice to Contractor of any fact and/or circumstance that could affect the PCA for any liabilities, including but not limited to professional liability and public liability, of whatsoever nature that emanate from: The need to terminate this Agreement or the Building Contract; or Any matters of non-compliance with the Act on the part of the Owner or any other contractors Dispute Resolution Any dispute of whatever nature to do with this Agreement must be referred to a court of competent jurisdiction. Fees The Agreement price will be claimed by the PCA and is due and payable by the Owner upon lodgement to Council of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges Schedule. In the event that the PCA is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged by the PCA for completing a required inspection and invoiced to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and proper execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also Works.
g) Owner shall ensure coordination between Contractor and those other contractors or suppliers whose operations could condition the performance of the Works;
h) Owner shall promptly give consent for authorised Council officers written notice to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing Contractor about all information, report, news which may have animpact on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf safety of the Principal Certifying Authority (personnel and the Councilprevention of accidents during the performance of the Works;
i) Signature Date …………………………………………if so required by the Contractor, Owner shall attend the performance of the Works and/or provide the required assistence.…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
Appears in 1 contract
Samples: Standard Terms and Conditions
Owner’s Obligations. A. The Owner shall: Not engage agrees not to evict or commence any other Principal Certifying Authority after eviction proceeding against any tenant(s) of any Qualifying Dwelling Unit in the appointment Building, except for cause and subject to all legal requirements and procedures for any such eviction and/or proceeding. As further described in the PPM (Sub sections 4.02.02 through 4.03) this restriction is in force for a period of not less than two years where the cost of heat is paid by the Household, and not less than five years where the cost of heat is included in the rent. The time periods begin on the Certification Date.
B. For Qualifying Dwelling Units subject to statutorily authorized rent control or rent stabilization, nothing in this agreement prohibits the Owner from receiving approval for standard, periodic, incremental rent increases granted by HCR or the local rent control guidelines board.
C. The Owner agrees that the rents for Qualifying Dwelling Units, as set forth in Exhibit A, shall not be increased because of the PCA. Breach weatherization improvements paid for by WAP Funds.
D. The Owner shall not apply for, nor receive, a major capitol improvement rent increase for any weatherization work completed under this Agreement and detailed in Exhibit B.
E. The Owner agrees that the terms, promises and obligations of this condition will entitle Agreement shall supersede and be superior to any inconsistent provision of any oral or written lease or other agreement affecting the PCA rents collected for the Qualifying Dwelling Units listed in Exhibit A.
F. The Owner agrees that Dwelling Units identified in Exhibit A which are designated as vacant-eligible as of the Effective date of this Agreement, shall be rented to recover any costs or occupied by a Qualifying Household within 180 days of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure the Certification date under a Federal, State, or local program for rehabilitating the building or making similar improvements to the building.
G. The Owner affirms that the site building is available not presently being offered for sale and further agrees to notify the PCA Subgrantee not less than 30 calendar days prior to carry out the sale or purchase or conversion of building. Owner agrees to obtain, in writing, the purchaser's consent to assume the Owner's obligations under this Agreement at least 10 business days prior to the closing of any sale. If consent is not obtained, Owner agrees to pay the Subgrantee the full cost of the weatherization Work Scope. The requirement in this section ends when the restrictions described in section III (A) end, or such earlier date that this Agreement is terminated.
H. The Owner agrees to complete all critical stage inspections and any other inspections work identified in Exhibit C of this Agreement as the PCA considers appropriateresponsibility of the Owner. These All work completed by the Owner as part of required owner investment shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA completed in accordance with HCR standards and procedures. The Subgrantee has no obligation to begin its work until the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate Owner’s work is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislation, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then the PCA: May vary the contract done to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”)Subgrantee's satisfaction. If the PCA terminates the Agreement then the PCA is entitled Owner fails to payment of termination moneycomplete, or cause to be completed, the amount of which shall be work to the amount outstanding at the time of termination. If the PCA terminates the AgreementSubgrantee's satisfaction, the PCA Subgrantee may complete the work or cause it to be completed. Any expenses incurred by the Subgrantee in completing work that is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, responsibility shall be paid by the Owner must indemnify to the PCA for any liabilitiesSubgrantee.
I. The Owner agrees to maintain all the Weatherization Materials, including but not limited to professional liability and public liabilitynew heating systems, of whatsoever nature that emanate from: The need to terminate installed or necessary under this Agreement or the Building Contract; or Any matters of non-compliance in a manner consistent with the Act on the optimum performance, save for normal wear and tear, and in conformance with all relevant codes regarding maintenance. The Owner agrees to enroll appropriate building personnel in a building maintenance course approved by Subgrantee as part of the Owner investment requirement listed in Exhibit C of this agreement.
J. In the event windows will be replaced, repaired or any modified, the Owner agrees to be responsible for the removal and reinstallation (or installation where none exist and are required by code) of all child guards, security gates, or other contractors Dispute Resolution Any dispute items attached to, or installed in, windows so that the installation of whatever nature to do with this Agreement prime windows may proceed in an unimpeded manner. Such work must be referred to a court of competent jurisdiction. Fees in accordance with all applicable codes.
K. The Agreement price will be claimed Owner affirms that the building has not previously received weatherization assistance under any program administered by the PCA and is due and payable by the Owner upon lodgement NYS Weatherization Assistance Program after September 30, 1994. Failure to Council disclose such previous weatherization shall be a default of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges ScheduleAgreement. In the event that of such default the PCA Owner shall pay the Subgrantee the full cost of weatherization work under this Agreement.
L. The Owner agrees to provide the Subgrantee fuel consumption data for this building for two years of total energy consumption (electrical and heating fuel) immediately following the completion of the work in this Agreement. This data shall be supplied to the Subgrantee as soon as practicable after it is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged received by the PCA Owner. In situations where the tenant is responsible for completing a required inspection and invoiced paying for fuel costs, the Subgrantee will collect fuel consumption data directly from the tenant.
M. The Owner agrees to provide documentation of lead hazard clearance test results to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim Subgrantee for any work done by or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf of the Principal Certifying Authority (the Council) Signature Date …………………………………………Owner that is subject to local, State or Federal lead hazard control laws, codes, ordinances or rules.…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
N. The Owner agrees to comply with all applicable codes, ordinances, laws, and rules, including local lead hazard control and other health and safety laws, and to follow any recommendations or directives received from HCR or Subgrantee regarding hazards or safety.
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Owner’s Obligations. A. The Owner shall: Not engage agrees not to evict or commence any other Principal Certifying Authority after eviction proceeding against any tenant(s) of any Qualifying Dwelling Unit in the appointment Building, except for cause and subject to all legal requirements and procedures for any such eviction and/or proceeding. As further described in the PPM (Sub sections 4.02.02 through 4.03) this restriction is in force for a period of not less than two years where the cost of heat is paid by the Household, and not less than five years where the cost of heat is included in the rent. The time periods begin on the Certification Date.
B. For Qualifying Dwelling Units subject to statutorily authorized rent control or rent stabilization, nothing in this agreement prohibits the Owner from receiving approval for standard, periodic, incremental rent increases granted by HCR or the local rent control guidelines board.
C. The Owner agrees that the rents for Qualifying Dwelling Units, as set forth in Exhibit B, shall not be increased because of the PCA. Breach weatherization improvements paid for by WAP Funds.
D. The Owner shall not apply for, nor receive, a major capitol improvement rent increase for any weatherization work completed under this Agreement and detailed in Exhibit A.
E. The Owner agrees that the terms, promises and obligations of this condition will entitle Agreement shall supersede and be superior to any inconsistent provision of any oral or written lease or other agreement affecting the PCA rents collected for the Qualifying Dwelling Units listed in Exhibit B.
F. The Owner agrees that Xxxxxxxx Units identified in Exhibit B which are designated as vacant-eligible as of the Effective date of this Agreement, shall be rented to recover any costs or occupied by a Qualifying Household within 180 days of whatsoever nature expended along with any profits that would have emanated from this contract; Ensure the Certification date under a Federal, State, or local program for rehabilitating the building or making similar improvements to the building.
G. The Owner affirms that the site building is available not presently being offered for sale and further agrees to notify the PCA Subgrantee not less than 30 calendar days prior to carry out the sale or purchase or conversion of building. Owner agrees to obtain, in writing, the purchaser's consent to assume the Owner's obligations under this Agreement at least 10 business days prior to the closing of any sale. If consent is not obtained, Owner agrees to pay the Subgrantee the full cost of the weatherization Work Scope. The requirement in this section ends when the restrictions described in section III (A) end, or such earlier date that this Agreement is terminated.
X. The Owner agrees to complete all critical stage inspections and any other inspections work identified in Exhibit C of this Agreement as the PCA considers appropriateresponsibility of the Owner. These All work completed by the Owner as part of required owner investment shall be detailed in the requirements of the PCA, attached to the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying the subject development; Comply with any Notices or Orders that the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information that the Owner can reasonably obtain to enable the PCA to fulfil its statutory and contractual obligations; Pay the PCA completed in accordance with HCR standards and procedures. The Subgrantee has no obligation to begin its work until the terms of the Agreement Variations In the event that: The building works do not commence within twelve (12) months from the date the Construction Certificate/Complying Development Certificate Owner’s work is issued; or Any part of the building works is re-designed; or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are required to be issued by the PCA than those listed herein; or A requirement of the legislation, Building Code of Australia or any other regulation requires any aspect of the building works to be varied; or The PCA is required to undertake more inspections than those listed herein, or Is required to issue any notices or orders; then the PCA: May vary the contract done to the extent that the PCA will be able to carry out its contractual obligations May increase the contract price, such increase to be made by way of Notice to the Owner stating the reason/s for the increase and the amount of the increase; May claim all costs associated with the delay as reasonably determined by the PCA; Must give the Owner notice that a variation will be necessary within 7 days from the date on which the PCA becomes aware of the variation. Termination If the Owner: Permits building works to commence without the issuing of a Construction Certificate/Complying Development Certificate; Fails to give notice of commencement at the appropriate time, or Fails to pay any money owing to the PCA after thirty (30) days of that money becoming payable; or Has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or attempts to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or Breaches the Agreement in any respect; or Does not permit the PCA to issue the Occupation Certificate within 60 days from the date of completion of the building works; or then the PCA May terminate the Agreement by sending a written Notice of Termination to the Client stipulating the breach (“the Notice of Termination”)Subgrantee's satisfaction. If the PCA terminates the Agreement then the PCA is entitled Owner fails to payment of termination moneycomplete, or cause to be completed, the amount of which shall be work to the amount outstanding at the time of termination. If the PCA terminates the AgreementSubgrantee's satisfaction, the PCA Subgrantee may complete the work or cause it to be completed. Any expenses incurred by the Subgrantee in completing work that is entitled to carry out an inspection, at the Owner’s expense, prior to termination to determine the state of the development. As from the date of final inspection, responsibility shall be paid by the Owner must indemnify to the PCA for any liabilitiesSubgrantee.
I. The Owner agrees to maintain all the Weatherization Materials, including but not limited to professional liability and public liabilitynew heating systems, of whatsoever nature that emanate from: The need to terminate installed or necessary under this Agreement or the Building Contract; or Any matters of non-compliance in a manner consistent with the Act on the optimum performance, save for normal wear and tear, and in conformance with all relevant codes regarding maintenance. The Owner agrees to enroll appropriate building personnel in a building maintenance course approved by Subgrantee as part of the Owner investment requirement listed in Exhibit C of this agreement.
J. In the event windows will be replaced, repaired or any modified, the Owner agrees to be responsible for the removal and reinstallation (or installation where none exist and are required by code) of all child guards, security gates, or other contractors Dispute Resolution Any dispute items attached to, or installed in, windows so that the installation of whatever nature to do with this Agreement prime windows may proceed in an unimpeded manner. Such work must be referred to a court of competent jurisdiction. Fees in accordance with all applicable codes.
K. The Agreement price will be claimed Owner affirms that the building has not previously received weatherization assistance under any program administered by the PCA and is due and payable by the Owner upon lodgement NYS Weatherization Assistance Program after September 30, 1994. Failure to Council disclose such previous weatherization shall be a default of this application. The fee for completing a required inspection or for an Occupation Certificate (interim or final) is as per the current Council Fees and Charges ScheduleAgreement. In the event that of such default the PCA Owner shall pay the Subgrantee the full cost of weatherization work under this Agreement.
L. The Owner agrees to provide the Subgrantee fuel consumption data for this building for two years of total energy consumption (electrical and heating fuel) immediately following the completion of the work in this Agreement. This data shall be supplied to the Subgrantee as soon as practicable after it is required to carry out any additional inspections or re-inspections for whatever reason, that have not already been paid for upon lodgement of this application, will be charged at the same rate or fee as is charged received by the PCA Owner. In situations where the tenant is responsible for completing a required inspection and invoiced paying for fuel costs, the Subgrantee will collect fuel consumption data directly from the tenant.
M. The Owner agrees to provide documentation of lead hazard clearance test results to the applicant as listed above, being the person/company having the benefit of the consent upon the issuing of an Occupation Certificate (interim Subgrantee for any work done by or final). Part 8: Owners Signatures and Execution of PCA Service Agreement 1. Owner’s consent Must be completed by the owner of the land. If more than one owner, every owner must sign. If the owner is a company or owners; association, must be signed by a director or secretary (or authorised delegate) under common seal. As owner of the land to which this application relates, I/We consent to this application and execution of the Principal Certifying Service Agreement as outlined above (if applicable). I also give consent for authorised Council officers to enter the land to carry out inspections: Signature Date Capacity* 1. …………………………………………. …………………….. ………………………….. 2. …………………………………………. ……………………. ………………………….. 3. …………………………………………. ……………………. ………………………….. 4. …………………………………………. ……………………. ………………………….. *If signing on the owner’s behalf as the owner’s legal representative, you must state the nature of your legal authority and attach documentary evidence (eg, power of attorney, executor, trustee, company director). Part 9: Signature of Principal Certifying Authority. (office use only) Signed for and on behalf of the Principal Certifying Authority (the Council) Signature Date …………………………………………Owner that is subject to local, State or Federal lead hazard control laws, codes, ordinances or rules.…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
N. The Owner agrees to comply with all applicable codes, ordinances, laws, and rules, including local lead hazard control and other health and safety laws, and to follow any recommendations or directives received from HCR or Subgrantee regarding hazards or safety.
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