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 5 contracts
Samples: Construction, Construction, Construction
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: Certifying Authority Service Agreement, 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 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: Certifying Authority Service Agreement, 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 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)) Part 10: Lodgement Checklist Applicant Office Use 1. Have you provided: Please tick the box
Appears in 2 contracts
Samples: Construction, Construction
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 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
Samples: Construction
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)) Part 10: Lodgement Checklist Applicant Office Use
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Owner’s Obligations. The Owner shall: Not engage shall be responsible for any other Principal Certifying Authority after structural repairs to the appointment Building, and the exterior walls and roof of the PCABuilding, and for any repairs or maintenance of the Common Areas. Breach of this condition will entitle As used herein, “exterior walls” shall not be deemed to include store front(s), plate glass, including window frames, doors and appurtenances. In addition, 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 Owner shall be detailed in the requirements responsible for any maintenance and repairs to any portion of the PCAPremises and/or the mechanical equipment which maintenance or repairs are covered by any warranty owned by the Owner. The Owner shall be under no obligation to make any repairs, attached alterations, replacements or improvements to and upon the Construction Certificate/Complying Development Obtain an Occupation Certificate prior to occupying Premises or the subject development; Comply with any Notices mechanical equipment or Orders facilities that exclusively serve the PCA issues under the Environmental Planning & Assessment Act 1979; Provide all information Premises except as provided in this Lease. It is further understood and agreed that the Owner can reasonably obtain shall not be required to enable make repairs or perform any maintenance with respect to the PCA to fulfil its statutory and contractual obligations; Pay Building, the PCA in accordance with Premises and/or the terms mechanical equipment or facilities necessitated by the negligence or intentional act of the Agreement Variations In Tenant (or anyone claiming under the event that: Tenant), or by reason of the failure of the Tenant to perform or observe any conditions or agreements contained in this Lease, or caused by alterations, additions or improvements made by the Tenant or anyone claiming under the Tenant. The building works do not commence within twelve (12) months Tenant shall, at the Tenant’s sole cost and expense, repair any and all damage to those portions of the Building, the Premises or the Common Areas to be repaired or maintained by the Owner resulting from the date the Construction Certificate/Complying Development Certificate is issued; acts or Any part omissions of the building works is re-designed; Tenant, the Tenant’s employees, agents, contractors, licensees or More Construction Certificates/Complying Development Certificates and/or Compliance Certificates are invitees. The Owner retains the option of having the Owner’s contractor repair and maintain the sprinkler system, if any, in the Premises at the Tenant’s expense. The Owner shall not in any way be liable to the Tenant for failure to make repairs as herein specifically required to be issued by the PCA than those listed herein; or A requirement of the legislationOwner unless the Tenant has previously notified the Owner, Building Code of Australia or any other regulation requires any aspect in writing, of the building works need for such repairs and the Owner has failed to be varied; or The PCA is required to undertake more inspections than those listed hereincommence and complete said repairs within a reasonable period of time following receipt of the Tenant’s written notification. As used in the preceding sentence, or Is required to issue any notices or orders; then the PCA: May vary the contract to the extent “reasonable period of time” shall mean that the PCA will be able to carry out Owner has commenced 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 investigation of the increase; May claim all costs associated with need for such repairs within ten (10) business days following its receipt of the delay as reasonably written notice of the need therefor from the Tenant and, if such repairs are determined by the PCA; Must give the Owner notice that a variation will to be necessary within 7 days from and the date on which the PCA becomes aware responsibility 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 thereafter diligently commences and completes the PCA same with due allowance being made 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 delays occasioned by the PCA time to obtain design services, governmental approvals and is due permits, if required, the availability of contractor(s) 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 materials 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 …………………………………………weather.…………………….. … ……………………….. (Authorised Officer of Cootamundra-Gundagai Regional Council)
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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)) Part 10: Lodgement Checklist Applicant Office Use 1. Have you provided: Please tick the box
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