Forrest Place and City Station Development Act 1985

within 21 days after demand by Westrail which demand shall only be made for an item of cost after that cost has been incurred by Westrail. Any such demand shall be accompanied by the invoices rendered to Westrail for those goods or that work and any demand for the cost of work carried out by Westrail or for goods manufactured by Westrail shall be accompanied by Westrail’s own invoice.

12. (5) To compensate Westrail for the loss of its right to the future use of the air space the subject of the City Station Reserve, the City shall pay Westrail —

(b) fourteen equal annual payments of ONE HUNDRED AND THIRTY NINE THOUSAND TWO HUNDRED AND EIGHTY DOLLARS ($139,280.00) due and payable on each anniversary of the date referred to in paragraph (a) of this Sub-clause.

12. (6) Indirect Costs shall be payable by the City and the State in equal proportions.

12. (7) The State shall pay each part of its proportion of the Project Costs and the Indirect Costs to the City within twenty‑one days after each demand being made by the City.

12. (8) If any payment to be made by any of the Parties pursuant to this Clause is not made within the time specified interest shall be payable from the date of demand until the date of payment, by the Party liable to make such payment to the Party that made demand, at the daily rate payable by the City on overdraft accounts of that amount as specified by the Commonwealth Trading Bank at the rate applicable on the date of demand.

12. (9) The Parties acknowledge that the Commonwealth Government has contributed TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) to the Project indexed from the date of allocation and the City undertakes that such funds and any interest earned thereon shall be expended on or towards the Project.

12. (10) During the implementation of the Project the City shall not, without the prior approval of the State, agree to any variation of any contract entered into by the City in the implementation of the Project where the variation will increase the existing contribution of the State to that part of the Project which is subject to the variation by an amount in excess of 2%, but notwithstanding the foregoing, any variation which affects or involves an alteration to the Design Drawings, whether or not the variation involves any increase or decrease to the State’s contribution to the Project Costs or Indirect Costs shall be first approved by the State. If the State does not approve a variation within 10 days of the City submitting the variation to the State, the variation shall be referred to the Project Committee for its approval.

12. (11) Project Costs shall be subject to escalation in accordance with the Rawlinson Australian Construction Hand Book Price Index as published by Rawlhouse Publishing Pty. Ltd. or such index as may be published in substitution for it from time to time.

12. (12) Project Costs shall be verified and adjusted in line with quantities and normal cost variations.

CARE CONTROL AND MANAGEMENT

13. (1) Subject to Clause 10(2) upon completion of the Project the City shall care for control and manage the Reserved Land.

13. (2) The City shall maintain the buildings and developments on the Reserved Land in a safe and structurally sound state of repair and shall use its best endeavours to ensure that all works and maintenance to be carried out on the Reserved Land will be done in a workmanlike manner.

13. (3) The City shall keep the Reserved Land clean and free from rubbish.

13. (4) The City shall pay the cost of repairs, lighting and power for the Reserved Land other than those costs for which Westrail is liable pursuant to this Agreement.

13. (5) The City may levy charges for the use of the service depot storage areas and other facilities located in the Basement Reserve.

INSURANCE