Infrastructure Agreement (23689 DA) - Executed 18/7/2011 (Peet No.90 - Greenwood Grove) · 132004.240018

3.3

3.4

4.2

(c) provide the bond, insurance bond, or trading bank guarantee
referred to in item 8.6 of schedule 1 in a form satisfactory to the
Council

Compliance of Council
In consideration of the owner entering into this agreement and providing the

bond, insurance bond or bank guarantee referred to in clause 3.2(c) hereof,
the Council shall:-

(a) do all things which by this agreement it has undertaken to do and

(b) upon satisfaction of the conditions of the Approval other than
conditions 65.1.2 and 65.1.3 seal the survey plan/s for Stage 3 of
the Approval.

Time for compliance

The owner shall complete the works specified in Schedule 1 item 8 to the
satisfaction of the Council by the due date.

DEFAULT BY OWNER

Rights of the Council on default

If the owner fails to duly perform and fulfill its obligations under clause 3.2
with respect to the completion of the external road works by the due date, the
Council may call upon the cash bond, insurance bond or trading bank
guarantee for the whole of the amount thereby secured to carry out the
external road works.

Prior to Council exercising its rights under clause 4.1.1, Council must give the
owner a Notice particularising the external road works which have not been
completed to its satisfaction (“the Notice”), The Notice must allow the owner
60 days in which to remedy such default.

Should such works not be completed to the Council's satisfaction within the
time specified in clause 4.1.2, the Council shall be entitled to call upon the
cash bond, insurance bond or bank guarantee without further reference to the
owner.

Application of money

The Council may, acting reasonably, apply any sum recovered or received by
it pursuant to Clause 4.1 (rights of the Council on default) as far as the sum
may extend to or towards all or any one or more of the following:

(a) Completing the external road works; and

(b) reimbursing itself for any costs including administrative and legal costs
reasonably incurred as a result of the default of the owner.

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