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

                    3.       WORKS TO BE COMPLETED BY APPLICANT

                    3.1      Completion of Works

                             The Applicant must undertake the Works identified in Schedule 2 of this document within the timeframe/s
                             stipulated in this document, at no cost to Council,

                    3.2      Standard of Completion

                             The Works must be completed by the Applicant to the satisfaction of Council, acting reasonably, and in
                             accordance with all applicable development approvals, standards, good industry practice and Planning
                             Scheme requirements.

                    3.3      Development approval for Works

                             The Applicant is responsible for obtaining any development approval/s as may be required to undertake
                             the Works in accordance with the Act, prior to commencement of the Works.

                    3.4      Timeframe for completion of Works

                             Unless stated to the contrary in this document, the Works must be completed to the satisfaction of Council
                             within 18 months from the commencement of the use the subject of the Development Approval.

                    3.5      Infrastructure charges

                             There is no offset, refund or reduction in infrastructure charges payable in respect of the Subject Site as
                             a consequence of completion of the Works by the Applicant.

                    4.       SECURITY

                    4.1      Provision of a Security

                             In consideration for the Council entering into this document, and to secure completion of the Works as
                             identified in Schedule 2 by the Applicant, the Applicant must provide Security to the Council within 30
                             Calendar Days of the date of the Development Approval, or as otherwise advised by or on behalf of the
                             Chief Executive Officer in writing.

                    4.2      Amount of Security

                             The Security payable by the Applicant is identified in Item 9 of Schedule 1, and must be no less
                             than 1.5 times the cost of the Works (estimated by a licenced quantity surveyor), as agreed by
                             the Chief Executive Officer.

                    4.3      Form of a Security

                             The Applicant is to provide to the Council a Security which is in the following form:

                             (a)       money;

                             (b)       a banker's undertaking which satisfies the following:

                                       (i)      is in favour of the Council or an entity stated in a Notice given by the Council to the
                                                Applicant;

                                       (ii)     is given by a financial institution consented to by the Council;



                                                                              8


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