Scope of Developer’s Works. As at the date of this document, the nature and extent of the required Developer’s Works is set out in Annexure A to this document. The parties agree that further design refinement of the Developer’s Works may be necessary, having regard to:
(a) the extent to which the design of the Developer’s Works has been approved by the City;
(b) conditions affecting the Developer’s Works that were not reasonably capable of identification prior to the date of this document;
(c) the extent of any refinement of the design of the Developer’s Works permitted by this clause 3.3(e) of Schedule 3;
(d) any modification to the Development Consent made and approved under section 4.55 of the Act or any other development consent granted that relates to the Developer’s Works; and
(e) the reasonable requirements of the City, including in regard to the Standards.
Scope of Developer’s Works. As at the date of this document, the nature and extent of the required Developer’s Works is set out in those parts of the Public Benefit described as “Onsite Affordable Housing” and “EV Infrastructure” in clause 1 of Schedule 3. The parties agree that further design refinement of the Developer’s Works may be necessary, having regard to:
(a) the extent to which the design of the Developer’s Works has been approved by the City;
(b) conditions affecting the Developer’s Works that were not reasonably capable of identification prior to the date of this document;
(c) the extent of any refinement of the design of the Developer’s Works permitted by this clause 5.1 of Schedule 3;
(d) to the extent the DBP Act applies to the Developer’s Works:
(i) any refinement of the Regulated Designs for the Developer’s Works required to ensure compliance with the DBP Act or DBP Regulation and to enable Design Compliance Declarations to be issued in respect of those Regulated Designs; and
(ii) any refinement of the Regulated Designs for the Developer’s Works required to enable those Regulated Designs to be Construction Issued Regulated Designs and to enable Design Compliance Declarations to be made in respect of those Construction Issued Regulated Designs;
(e) any modification to the Development Consent made and approved under section 4.55 of the Act or any other development consent granted that relates to the Developer’s Works; and
(f) the reasonable requirements of the City, including in regard to the Standards.
Scope of Developer’s Works. (a) The parties agree that:
(i) the design of the Commercial Tower must meet the Minimum Ecologically Sustainable Design Requirements;
(ii) as at the date of this document, the nature and extent of the required Developer’s Works is set out in Annexure A and the Performance Brief; and
(iii) the scope of Developer’s Works includes all stages of design and documentation from Design Competition to completion of works.
(iv) further design refinement of the Developer’s Works will have regard to:
(A) the extent to which the design of the Developer’s Works has been approved by the City;
(B) conditions affecting the Developer’s Works that were not reasonably capable of identification prior to the date of this document;
(C) the Attributed Value of the Developer’s Works;
(D) the outcomes of the design competition for the Development including under clause 4.2;
(E) any modification to the Development Consent made and approved under section 96 of the Act or any other development consent granted that relates to the Developer’s Works; and
(F) the reasonable requirements of the City, including in regard to the Standards.
Scope of Developer’s Works. As at the date of this document, the nature and extent of the required Developer’s Works is set out in Annexure A to this document. The parties agree that further design refinement of the Developer’s Works may be necessary, having regard to:
(a) the extent to which the design of the Developer’s Works has been approved by the City in any Stage 2 DA;
(b) conditions affecting the Developer’s Works that were not reasonably capable of identification prior to the date of this document; and
(c) any modification to the Development Consent made and approved under section 4.55 of the Act or any other development consent granted that relates to the Developer’s Works.
Scope of Developer’s Works. As at the date of this Agreement, the nature and extent of the required Developer's Works is set out in the Project Consent. Council acknowledges that further design refinement of the Developer's Works may be necessary, having regard to:
(a) the extent to which the design of the Developer’s Works has been approved by the Council;
(b) conditions affecting the Developer’s Works that were not reasonably capable of identification prior to the date of this Agreement;
(c) any modification to the Project Consent made and approved under section 4.55 of the Act or any other development consent granted that relates to the Developer’s Works;
(d) the reasonable requirements of the Developer; and
(e) any modifications required by any approved Construction Certificate. The Developer may provide Council with a copy of the further design where this is significantly different from the plans attached. Unless Council objects to the further design within 7 days of receipt, Council is taken to have accepted the further design for the purposes of this Agreement.
Scope of Developer’s Works. As at the date of this document, the nature and extent of the required Developer’s Works is set out in Annexure A to this document. The parties agree that the list of Developer’s Works are outlined generally and are subject to design and planning and might be subject to change as agreed between the Developer and Council, having regard to:
(a) the extent to which the design of the Developer’s Works has been approved by the TfNSW in regards to works listed at point (a) at Annexure A and those works approved by Council as listed (b)-(d) at Annexure A; and
(b) conditions affecting the Developer’s Works that were not reasonably capable of identification prior to the date of this document.
