1
Construction of Oral Health Facility on School Site
Terms of Approval
pursuant to clause 2.20 of the Deed of Lease dated…….. (‘the Lease’)
Dated this day of
[NAME] SCHOOL BOARD OF TRUSTEESas Lessor under the Lease (‘the Lessor’)and the Secretary for Education (“the Secretary”) hereby consents to the [NAME] DISTRICT HEALTH BOARD]as Lessee under the Lease (‘the Lessee’) carrying out theconstruction works specified in the plans, specifications and documentationattached as Schedule B (‘the Works’) on the Land (see the Lease) on the following terms:
Consents
- The Lessee shall at its own cost obtain all necessary consents and approvals from any applicable authority in respect of the Works.
- The Lessor will, at the request and at the cost of the Lessee, do such acts, matters and things as may be reasonably requested by the Lessee in order to assist it to procure the necessary consents and approvals pursuant to clause 1 above.
- The Lessee acknowledges and agrees that in carrying out the Works it has:
a.Relied on its own judgment as to the suitability of the Land for the Works, and its ability to carry out the Works; and
b.Informed itself of all requirements of the applicable authorities in relation to the Works generally, including (without limitation) any measures that are requiredto protect the environment from any adverse effect or damage arising from the erection of the Works.
Performance of Works
4.On receipt of all necessary consents and approvals the Lessee shall complete the Works on the site at Schedule A to this approval (“the Site”):
a.Diligently and in a good, proper and workmanlike manner;
b.Strictly in accordance with these terms of approval and with the plans, specifications and documentation at Schedule B to this approval (failure to do so constituting a default under the Lease); and
c.Using materials and goods which are fit for their intended purpose.
5.The Lessee must:
a.Perform the Works, including access by contractors and their vehicles, so as to minimise disruption or inconvenience to the Lessor, including (without limitation) complying with such reasonable restrictions as may be imposed from time to time by the Lessor on the areas and hours within which the Works may be performed on the Site;
- Keep the Site clean and tidy, having regard to the fact that construction work is ongoing;
c.Ensure that construction vehicles parking is permitted in accordance with the Lease, or as otherwise agreed between the Lessee and the Lessor; and
d.Ensure that the Lessee's contractor (‘the Contractor’) complies with any reasonable request by theLessor in relation to the temporary fencing off of the Site to secure the Site against unauthorised entry.
Costs
6.The Lessee shall:
a.Pay any reasonable consultants fees incurred by the Lessor relating to any such approval of the Works;
b.Pay any application fees or other reasonable fees and expenses incurred by the Lessor in relation to any approval relating to such Works; and
c.Pay any such amounts direct to the relevant consultant or applicable authority, or reimburse same to the Lessor if so directed, and in any event pay such amounts on or prior to the due date for payment.
Insurance
7.The Lessee or the Contractor shall prior to commencing the Works effect the following insurances:
a.A Contract Works Policy in respect of the Works to the full value of the Works for the time being, and covering the Lessee, the Lessor and the Contractor;
b.Professional Indemnity insurance for liability of the Contractor or any consultant by reason of professional negligence in the design of the Works;
c.The Lessee shall ensure that the insurances specified above are maintained at all times until one year after a code compliance certificate is issued for the Works;
d.The insurances specified above shall where possible be effected in the joint names of the Lessee, the Lessee's Contractors, and the Lessor but in any event shall be effected to cover their respective rights and interests to the extent possible at law; and
e.The Lessee must in any event supply to the Lessor prior to commencement of any activities or work on the Site:
i.Copies of the certificates of currency and insurance cover notes for the insurances specified above; and
ii.Full particulars of any exclusions or restrictions or conditions applicable to the relevant policies of insurance.
Environment, Health and Safety Requirements
8.Without limiting clause 2.9 of the Lease, the Lessee must comply with all applicable occupational health and safety laws and all applicable codes of practice, including the Ministry of Education Health and Safety Code of Practice for State Schools, standards and the recommendations or instructions of manufacturers/suppliers.
Liaison
9.The Lessee shall liaise regularly with the Lessor on the progress of the Works.
Lessee's Consultants/Contractors
- If required in writing by the Lessor, the Lessee must require the Contractors employees and contractors staff working at the Site to undergo a police vet in accordance with section 78CA of the Education Act.
Services Shutdown
- The Lessee must obtain the approval of the Lessor in writing at least 5 working days prior to any shutdown of services required to facilitate the Works, and such Works must be carried out at a time reasonably convenient to the Lessor.
Additional Certification
- Upon completion of the Worksthe Lesseemust deliver to the Lessor:
- Final certification from any applicable authority allowing occupation of the Facility; and
- A certificate (attached as Schedule C) from the Lessee’s project manager/consultant verifying that the Works comply with all laws, requirements of the applicable authorities and Ministry of Education ministry Design requirements. in the Property Management Handbook.
- Within three months of practical completion of the Works, the Lessee must provide to the Lessor at its own expense:
- Copies of all code compliance certificates or other approvals issued or required for the purposes of the Building Act 2004; and
- ‘As built’ and ‘as laid out’ plans of the Facility and, if applicable, integrated with the existing building plans and services drawings.
- For the purposes of this clausepractical completion is that stage in the execution of the Works when the Works are complete except for minor omissions and defects.
Temporary Services and Facilities
- The Lessee shallbe responsible for arrangingany temporary services or facilities required by the contractor not provided for pursuant to the Lease.
No Waiver
- No waiver or failure to act by the Lessor in respect of any breach by the Lessee of any covenant or agreement contained or implied in this licence shall operate as a waiver of the same breach on any subsequent occasion or as a waiver of any other covenant or agreement contained or implied in this licence.
Resolution of Disputes
- Any dispute regarding theseTerms of Approval shall be a dispute to be resolved in accordance with the Lease.
Further Conditions:
- [insert further terms that may be relevant to the specific site.]
THE COMMON SEAL of)
[] SCHOOL BOARD OF TRUSTEES )
was hereunto affixed in the presence of:)
Chair Signature / Full Name (please print)Trustee's Signature (being a member of the Board duly authorised to execute this agreement). / Full Name (please print)
Trustee's Signature (being a member of the Board duly authorised to execute this agreement). / Full Name (please print)
CONSENT
The Secretary for Educationconsents to the Works.
SIGNED for and on behalf of)
HER MAJESTY THE QUEEN by)
)
acting pursuant to a delegation given by the)
Secretary for Education in the presence of:)______
Witness signature
Witness name
Witness occupation
Witness address
SCHEDULE A
Site
SCHEDULE B
Plans and Specifications of Works
SCHEDULE C
Certification of Works
To be forwarded to the Lessor at the completion of the Works
To the board of trustees of [School name]
Completion certification
I certify that, in my opinion, based on reasonable grounds, the design and completed Works have been prepared and undertaken in accordance with all laws and the requirements of applicable authorities and in accordance with the relevant ministry design requirements in the Property Management Handbook.
Where the Project Manager/Consultant/Designer contracted to oversee the Works is a limited liability company, I understand that this certificate is signed on behalf of the company only. The signatory does not accept any personal liability for its contents. The Lessor and the Ministry of Education agree that any claim arising out of or in connection with this certificate in contract, tort or otherwise may only be pursued against the company and not against the signatory personally. This certification is not to be construed as a guarantee.
(All consultants contracted to provide services are hereby required to sign below)
1. As a suitably qualified professional authorised to certify work, signed for and on behalf of
[Name of Project Manager/Consultant/Designer/Company]______
Nature of work completed ______
Signature of authorised person ______Date ______
2. As a suitably qualified professional authorised to certify work, signed for and on behalf of
[Name of Project Manager/Consultant/Designer/Company]______
Nature of work completed ______
Signature of authorised person ______Date ______
3. As a suitably qualified professional authorised to certify work, signed for and on behalf of
[Name of Project Manager/Consultant/Designer/Company]______
Nature of work completed ______
Signature of authorised person ______Date ______