2017-11-13 General Committee Agenda

Page 36 of 64

6.2    Notice of Commencement of Use

         The Applicant shall provide the Council with 90 calendars days notice prior to commencing the
         use approved by the Development Permit to ensure that the Council is able to take
         appropriate measures with respect to traffic control as may be required.

 %       CONTINGENCY COSTS

         The Applicant and the Council agree that in the event that the cost of the Frontage Works
         exceeds the sum of $146,492.10, the Applicant shall be responsible for such excess up to an
         amount of $17,106.79.

 8       RELOCATION OF SERVICES

 8.1     Acknowledgement
         The parties acknowledge that the Frontage Works do not include an amount for the cost of
         relocation of or modification to existing Telstra services as shown on the drawing in Schedule
         2B hereto.

 8.2     Payment for Telstra Works
         It is agreed that such works are in addition to the Frontage Works in Schedule 3 and shall be
         undertaken by the Council but shall be paid for by the Applicant.
 8.3.    Other Services

         The Council shall meet the cost of relocation of other services as part of the Council
         Roadworks.

9.       BONDS
 9.1     Provision of Bank Guarantees

        The Applicant shall provide the following Bank Guarantees to the Council on settlement:
        (a)     A Bank Guarantee for the amount of $17,106.79 in respect of the Frontage Works to
                secure to the Council the obligation of the Applicant under clause 7.
        (b)     A Bank Guarantee for the amount of $50,000 in respect of the Telstra Works to secure
                to the Council the obligation of the Applicant under clause 8.2.
                Such Bank Guarantees to provide for payment by the bank of the amount or any part
                or parts of the amount to the Council upon the bank receiving an unconditional
                written demand from the Council accompanied by the Bank Guarantee, without
                reference to the Applicant and despite any notice given to the bank by the Applicant
                not to pay the Council any amount payable under the Guarantee and without any
                obligation on the bank to enquire as to the performance or non-performance of the
                provisions of this Deed by the Applicant or the correctness or validity of any demand
                made by the Council pursuant to the Bank Guarantee.

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