Construction of Developers Works. Insurance From commencement of the Developer’s Works until expiration of the Defects Liability Period, the Developer must effect and maintain (or cause to be effected and maintained under one or more policies of insurance and without requiring any risk to be double insured) the following insurances held with an insurer licensed by the Australian Prudential Regulation Authority or holding an investment grade rating from Standard & Poors, Xxxxx’x or Fitch: worker's compensation insurance or registrations as required by Laws; public liability insurance written on an occurrence basis with a limit of indemnity of not less than $20,000,000 covering all aspects of the Developer’s Works; construction works insurance in relation to the Developer’s Works; and motor vehicle third party cover with a limit of indemnity of not less than $20 million for each and every occurrence. The Developer must submit a copy of all certificates of insurance to Council: prior to commencing construction of the Developer’s Works; and promptly following a written request by Council, provided that such a request is not made more than twice in any 12 month period. Approvals and consents The Developer must, at its cost, obtain all relevant approvals and consents for the Developer’s Works, whether from Council or from any other relevant Government Agency, including any necessary road opening permits. Before commencing the Developer’s Works, the Developer must give to Council copies of all approvals and consents for the Developer’s Works, other than the Development Consent. Construction work The Developer must, at its cost: carry out and complete the Developer’s Works in accordance with all approvals and consents relating to the Developer’s Works, including any approval given by Council under this Planning Agreement; ensure that all Developer’s Works are constructed in a good and workmanlike manner, in accordance with the plans approved under this Planning Agreement so that the Developer’s Works are structurally sound, fit for purpose and suitable for their intended use; ensure that the Developer’s Works are Complete by the due date specified in Item 1 of Schedule 3 and promptly after becoming aware advise Council’s Representative of any significant delays in completing the Developer’s Works or delays that may impact the delivery of the Public Benefits by the due date specified in Item 1 of Schedule 3; and comply with all reasonable directions of Council in respect to construction of the Developer’s Works. Inspections by Council Council, as a party to this Planning Agreement and not in its role as a Government Agency, may: inspect the Developer’s Works during the course of construction at reasonable times and on reasonable notice; and notify the Developer’s Representative of any material or significant defect, error or omission relating to the construction or installation of the Developer’s Works identified during or as the result of an inspection. Any failure by Council to identify a Defect, error or omission will not be construed as amounting to an acceptance by Council of the Defect, error or omission. Australian Standards The following list of Australian Standards are included for information purposes only, and as a guide to the relevant standards for the general nature of the work identified as Developer’s Works in this Planning Agreement. Council makes no representation or warranty as to the currency of the standards identified, or their application on the final design of the Developer’s Works. The Developer must make its own enquiries regarding whether any standard has been replaced or supplemented. Relevant Australian Standards – Verge Works, Through site links AS 1725 Geotechnical Site investigations AS 4455 Masonry Units and segmental pavers AS 4678 Earth Retaining Structures AS 3600 Concrete Structures AS 2876 Concrete xxxxx and channels AS 1158 Road Lighting AS 1743 Road signs AS 4282 Control of the Obtrusive Effects of Outdoor lighting AS 3500.3 Plumbing and Drainage AS 3700 Masonry Structures AS 2890 Parking Facilities AS 1428 Design for Access and Mobility AS 4454 Composts, soil conditioners and mulches WSA 05-2013 Relevant Australian Standards – Roads (including pedestrian areas) AS 1725 Geotechnical Site investigations AS 4455 Masonry Units and segmental pavers AS 4678 Earth Retaining Structures AS 3600 Concrete Structures AS 2876 Concrete xxxxx and channels AS 1158 Road Lighting AS 4282 Control of the Obtrusive Effects of Outdoor lighting AS 1428 Design for Access and Mobility AS 3500.3 Plumbing and Drainage AS 3700 Masonry Structures AS 2890 Parking Facilities AS 1742 Manual of uniform traffic control devices AS 1743 Road Signs EXECUTED as a deed. Signed, sealed and delivered for INNER WEST COUNCIL (ABN 19 488 017 987) by its duly authorised officer, in the presence of: Signature of officer Signature of witness Name of officer Authorised delegate pursuant to section 377 of the Local Government Xxx 0000 Name of witness 0-00 Xxxxxxxxx Xxxxxx, Xxxxxxxxxx XXX 0000 Position of officer Address of witness EXECUTED by Xxxxxx Development Pty Ltd ABN 44 638 578 588 in accordance with s127(1) of the Corporations Xxx 0000 (Cth): Signature of director Signature of director/secretary Name Name EXECUTED by E&R Property Pty Ltd ACN 610 778 648 in accordance with s127(1) of the Corporations Xxx 0000 (Cth): Signature of director Signature of director/secretary Name Name
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Samples: Planning Agreement
