2021-08-16 GC Agenda - Item 7 - Attachment 3 - MCU20-0072 - Deed of Agreement

                                       (A)      enforcement costs;

                                       (B)      the cost of Council officers, employees, Agents, servants, contractors, subcontractors,
                                                lawyers or other third parties which are engaged to enable existing Council officers,
                                                employees, servants, Agents, contractors and subcontractors to deal with the default;

                                       (C)      the Council's management time spent dealing with the default;

                                       (D)      costs of providing and maintaining infrastructure or services where required during a
                                                period of default;

                                       (E)      the Council's charges for supervision;

                                       (F)      interest;

                                       (G)      administration costs;

                                       (H)      legal costs on a full indemnity basis or a solicitor and own client basis, whichever is the
                                                higher;

                                       (I)      overheads;

                                       (J)      a reasonable contingency;

                             (iv)      a reasonable period within which the Development Obligation is to be performed and fulfilled by
                                       the Applicant.

                    5.3      Enforcement, Performance and Fulfilment of a Development Obligation

                             (a)       The Council may, at its sole discretion, elect to enforce and / or perform and fulfil a Development
                                       Obligation of the Applicant that has not been performed and fulfilled by the Applicant, in the
                                       following circumstances:

                                       (i)      the Applicant has not complied with a Notice given by the Council to the Applicant under
                                                clause 5.2,

                             (b)       The Council may, at its sole discretion, retain Agents to exercise its rights and entitlements
                                       under clause 5.3, or to discharge its Development Obligations under this document.

                    5.4       Recourse to a Security

                              (a)      The Council may have recourse to a Security only in the following circumstances:

                                       0)       the Applicant has not complied with a Notice given by the Council to the Applicant under
                                                clause 5.2 in respect of the matter to which the Security relates, within the timeframe
                                                stated in the Notice.

                              (b)      The Council may convert a Security into money if the Security does not consist of money,
                                       if paragraph (a) applies.

                    5.5       Recovery of an amount as a liquidated debt

                             The Council may recover from the Applicant as a liquidated debt the following amounts:

                              (a)      the amount stated in a Notice given by the Council to the Applicant under clause 5.2 if the
                                       Applicant has not complied with the Notice; and



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Document Set ID: 21573773
Version: 1, Version Date: 30/07/2021