Legal Heritage Permit

LEGAL HERITAGE PERMIT

This Legal Heritage Permit ("Permit") is issued by Permit Authority Name: represented by Authorized Representative: whose office address is Authority Address: and is issued to Applicant Name: of Applicant Address: concerning the heritage property located at Property Address: identified by Heritage Reference Number: . Date of Application:

Recitals

WHEREAS, the property identified above is listed or designated under applicable heritage conservation legislation and is subject to controls intended to preserve its historic, architectural, cultural, or archaeological values;

WHEREAS, the Applicant has applied to the Permit Authority for authorization to undertake works, alterations or other activities affecting the heritage fabric, including but not limited to repair, restoration, demolition, excavation or new construction;

WHEREAS, the Permit Authority has assessed the application and supporting documents and is prepared to grant a Permit subject to the terms, conditions and limitations set forth herein.

NOW THEREFORE, in consideration of the mutual covenants and agreements contained in this Permit, the Authority and Applicant agree as follows:

1. Definitions

In this Permit, unless the context otherwise requires: "Authority" means the Permit Authority named above; "Applicant" means the person or entity to whom this Permit is issued; "Works" means the activities specifically authorized by this Permit as described in Section 2; "Conservation Standards" means the policies and standards applicable to preservation, repair and restoration of heritage properties as adopted by the Authority.

2. Permit Grant and Scope

2.1. Subject to the terms and conditions of this Permit, the Authority hereby authorizes the Applicant to undertake the Works described as:

2.2. The authorization is limited to the drawings, specifications and methodology submitted with the application and noted as Submitted Plan Reference: . Any material deviation requires prior written approval from the Authority.

3. Conditions of Permit

3.1. The Applicant shall carry out the Works in accordance with accepted Conservation Standards and use materials, techniques and contractors skilled in heritage conservation. All interventions must be reversible where reasonably practicable.

3.2. The Applicant shall obtain and maintain any building permits, approvals, licences or consents required by other agencies. Compliance with such requirements is a condition precedent to the continued validity of this Permit.

3.3. The Applicant shall ensure that an archaeologist is retained to monitor any ground-disturbing Works where archaeological potential exists. In the event of discovery of archaeological material, the Applicant must immediately cease affected Works and notify the Authority and follow any direction given.

4. Plans, Inspections and Approvals

4.1. The Applicant shall submit final working drawings and specifications to the Authority for review prior to commencement. No Works shall commence until written confirmation of approval of such documents has been issued by the Authority.

4.2. The Applicant shall permit the Authority, its agents and inspectors reasonable access to the property during normal business hours and at other reasonable times to inspect progress and compliance with this Permit.

5. Duration and Expiry

5.1. This Permit is effective on Effective Date: and will expire on Expiration Date: unless extended in writing by the Authority.

6. Fees, Bonds and Security

6.1. The Applicant shall pay the Permit Fee in the amount of Fee Amount: and provide performance security or a bond in the amount of Bond Amount: if required by the Authority.

7. Insurance, Liability and Indemnity

7.1. The Applicant shall maintain comprehensive general liability insurance with limits acceptable to the Authority and shall deliver proof of such insurance prior to commencement of Works.

7.2. The Applicant shall indemnify, defend and hold harmless the Authority, its officers, employees and agents from and against all claims, liabilities, losses, damages and expenses arising from the Applicant's performance of the Works, except to the extent caused by the gross negligence or wilful misconduct of the Authority.

8. Maintenance and Record-Keeping

8.1. The Applicant shall maintain the heritage attributes affected by the Works in good repair and shall keep records, reports and photographic documentation of the Works and make them available to the Authority upon request.

9. Suspension, Revocation and Penalties

9.1. The Authority may suspend or revoke this Permit where the Applicant fails to comply with any condition of this Permit, where the Works cause imminent danger to public safety, or where new information demonstrates a material adverse impact on heritage values.

9.2. The Applicant acknowledges that contravention of this Permit may result in enforcement, restorative orders, fines or other remedies permitted by law.

10. Amendments and Waiver

10.1. Any amendment to this Permit must be in writing and signed by an authorized representative of the Authority. No waiver by the Authority of any provision or breach of this Permit shall be effective unless made in writing.

11. Notices

12. Record of Works and Post-Completion

Governing Law; Entire Agreement; Severability

This Permit shall be governed by and construed in accordance with the laws of the jurisdiction in which the property is located. This Permit constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. If any provision of this Permit is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Counterparts

This Permit may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

Acknowledgements

The Applicant acknowledges receipt of this Permit and agrees to comply with all terms, conditions and limitations contained herein.

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