Attachment 5 - Deed of Variation to Infrastructure Agreement (22.01.20)

 

 

6.4

6.5

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For the works listed in clauses 6.3.2 a to c inclusive, the amount of contributions shall be
determined in accordance with certified progress claims for the relevant works in
accordance with Clause 6.4.

6.3.7 Applicant not required to construct Walter Hay Drive

For avoidance of doubt, but’ subject to the provisions of clause 6.3.2, it is agreed that the

Applicant is not required to construct any part of Walter Hay Drive, such construction
being the responsibility of the Council.

6.3.8  Pedestrian/bicycle underpass under Walter Hay Drive

The Applicant shall contribute to Council for a pedestrian/bicycle underpass under Walter
Hay Drive. The amount of contribution shall be assessed as 50% of the cost of

constructing the underpass, determined in accordance with certified progress claims for the
relevant works in accordance with Clause 6.4.

The underpass works shall include the structure, headwalls, lighting, drainage and
associated works required by the roadworks contract documentation.

The Applicant shall construct bike paths between the pedestrian/bicycle underpass under
Walter Hay Drive and under Eenie Creek Road to the proposed development within road
Teserve at no cost to the Council to the reasonable satisfaction of the Manager.

Timing for Payment

Any works to be paid for by the Applicant by way of contribution to the Council shall be
the subject of an itemised progress claim certified by the Superintendent appointed by the
Council to administer a contract to be let for Walter Hay Drive Construction and the
relevant works being the subject of the contribution. -

Within 14 days of being advised by the Council in writing that a progress payment has
been certified for works in respect of which the Applicant is required to make a
contribution (including the provision of a copy of the certified progress claim) the
Applicant shall pay to the Council the amount so certified for the relevant works.

Within one month of being advised by the Council in writing of other costs the Applicant

is required to meet pursuant to this Agreement, the Applicant shall pay to the Council the
amount so advised.

Dedication for public road purposes for Walter Hay Drive

The Applicant shall dedicate to the State for the purposes of public road land shown in
Annexure 6 for the proposed Walter Hay Drive at no cost to the Council. The final
boundaries and area required to be dedicated is subject to survey and the Applicant shall

submit for approval and sealing by the Council a Survey Plan excising the area to be
dedicated:

a. within 12 months of the Development Permit taking efféct.in accordance with the
Act; or

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