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

                              (b)      the amount stated in a Notice given by the Council to the Applicant representing the difference
                                       between the costs actually incurred by the Council or its Agents in performing and fulfilling the
                                       Applicant's Development Obligation, and any amount received by the Council under clause 5.4.

                     5.6      Application of an amount received by the Council

                              The Council may apply a Security obtained pursuant to clause 5.4 or money received by the Council
                              under clause 5.5 for any of the following:

                              (a)      Reimbursing itself for all costs of and incidental to the enforcement of the Applicant's
                                       Development Obligations;

                              (b)      the performance and fulfilment of the Applicant's Development Obligation, whether fulfilled by
                                       Council or its Agents;

                              (c)      payment of the cost of its Agents;

                              (d)      the carrying out of development to mitigate the effect of the Applicant's failure to perform and
                                       fulfil a Development Obligation, whether by Council or its Agents;

                              (e)      reimbursing the Council for a claim, cost or damage suffered by the Council as a result of the
                                       Applicant's failure to perform and fulfil the obligation;

                              (0       a cost incurred by the Council in exercising a right for the Applicant's failure to perform and fulfil
                                       the Development Obligation.

                            5.7     Council is relieved of its obligations for the period of the Applicant's default

                            The Council is, for the period the Applicant has failed to perform and fulfil a Development Obligation of the
                            Applicant, under no obligation to perform or fulfil the following:

                              (a)      a Development Obligation of the Council;

                              (b)      give a consent or express the Council's satisfaction for a matter or take an action for a matter
                                       requiring the Council's consent or the expression of the Council's satisfaction.

                     6.       RIGHT OF ACCESS

                     6.1      Access to land by Council or its Agents

                              The Applicant is to, upon the receipt of a Notice given by the Council to the Applicant which states that
                              access is requested to land of which the Applicant is the Owner or which is under the control of the
                              Applicant, permit the Council and / or its Agents to have access to the land for the following:

                              (a)      examining, inspecting, testing and monitoring the Works;

                              (b)      determining whether a Development Obligation has been performed and fulfilled;

                              (c)      making good a breach of a Development Obligation;

                              (d)      the performance and fulfilment of a Development Obligation;

                              (e)      enforcement of a Development Obligation;

                              (f)      the exercise by the Council of a right.




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