Agreement Part 6

By: Bill Osborne
Date: 17/01/2003

THIS agreement contains the conditions the N.E Lincs Council are imposing on the developer and the club in return for planning permission. This is Page 6.

THE COUNCIL'S OBLIGATIONS

1. The Council covenants with the Club, the Developer and the Estate that it will carry out and comply with the following obligations and will:

1.1 use reasonable endeavours to procure the Off-Site Parking Controls and to mitigate the costs of the Off Site Parking Controls.

1.2 use reasonable endeavours to assist in procuring:

(a) The Shuttle Bus Service

(b) The Park and Ride Bus Service

(c) Extensions to bus services 1/2

(d) The Blundell Park Affordable Housing

1.3 subject to the substantial completion of the Park and Ride Infrastructure, accept the Park and Ride Infrastructure Lease

1.4 issue the Maintenance Certificate on the substantial completion of the Woad Lane Link to the satisfaction of the Director

1.5 adopt the Woad Lane Link as a highway maintainable at the public expense from the date of issue of the Final Certificate pursuant to Section 38 of the Highways Act 1980

1.6 ensure that all financial contributions made to the Council under this Deed are used only for the purposes specified and will be repaid if not used or otherwise committed (which expression shall include circumstances where such monies have been paid to a third party) within five years of the date of payment

1.7 only call on the Mitigation Bond or any part of it if:

(a) a prior request for outstanding monies has been made to the Relevant Owner;

(b) the necessary evidence has been provided to the Relevant Owner to demonstrate the need for the works to be funded by the Mitigation Bond;

(c) 28 days notice has been given to the Relevant Owner.

1.8 The Council or its nominee will operate the Learning Centre in accordance with terms of reference agreed with a working party that it will constitute manage and operate (at its own expense) and which shall include the Council the Club the Developer together with such interested members of the local community as the other members of the working party may from time to time agree and which working party shall meet at a frequency agreed between them that no less than [4] times during any period of twelve months

SCHEDULE 3

OFF-SITE PARKING CONTROLS

Part I: Monitoring of Performance of Off-Site Car Parking

Off Site Parking:

1. The primary concerns will be the protection of residential amenity and the avoidance of road safety problems.

2. Key test criteria:

· No parking on primary route network.

· No parking on junctions in hazardous positions.

· No increase of 5% or more in the level of on-street parking on any individual street identified in the Off-Site Parking Study on the day of any Programmed Football Event unless it can be shown that such increase is not attributable to that Programmed Football Event

· Problems arising from increased on street parking (as identified by the Council the Joint Working Party and the Liaison Group) on streets outside of the Off-Site Parking Area and within 2 miles of the Stadium and which are probably attributable to Programmed Football Events

· No unauthorised parking associated with the use of the Stadium within areas covered by controlled parking zone.

· Assessment of the on-site car park to check that best utilisation is achieved and that parking is not being needlessly displaced from within the Stadium Site.

Part II: Off-Site Parking Control Measures

1. The Club shall submit draft Off-Site Car Parking Controls to the Council within 4 (four) weeks of the completion of the Off-Site Parking Study

2. As a minimum the draft Off-Site Parking Controls will include details of the type and location of the signage that it is proposed should be erected to prevent parking in the Off-Site Parking Area

3. The draft Off-Site Parking Controls scheme shall set out the proposed permitting systems for those living working or visiting the Off-Site Parking Area which permitting system shall not require the payment of any fee or charge

4. The Club will revise and amend the submitted draft Off-Site Car Park Controls scheme taking account of any comments made by the Council which scheme shall then be used by the Council as the basis for the expenditure of the Off-Site Parking Controls Contribution

5. As a minimum the Off-Site Parking Controls shall operate for at least two hours before the commencement of and an hour during any Programmed Football Event

6. As a minimum the Off-Site Parking Controls shall include provisions addressing their enforcement including a mechanism for the removal of vehicles parking in breach of the Off-Site Car Parking Controls

SCHEDULE 4

PARK AND RIDE BUS SERVICE

1. The 'Park and Ride' bus service will be any regular service which operates between the development location and other destinations within the Grimsby/Cleethorpes area on an express/limited stop basis.

2. Initially, it is expected that the operation will run at weekends during the tourist season and link the development site with Cleethorpes (Pleasure Island Theme Park) using such route as will be agreed by the bus operator and the Council.

3. In due course, a service might be provided to serve the town centre of Grimsby which would run through the week.

SCHEDULE 5

THE PARK AND RIDE INFRASTRUCTURE LEASE HEADS OF TERMS

This schedule sets out the main terms which will be included in the lease. The lease will contain the following terms:

(a) it will be excluded from the Landlord & Tenant Act 1954;

(b) it will be for a term of 25 years;

(c) it will contain provisions providing servicing and access rights to the property until such time as publicly maintainable services are provided;

(d) the rent will be [nil];

(e) the tenant will pay all outgoings;

(f) interest will be paid on any overdue monies;

(g) the tenant will pay for all services;

(h) the tenant will pay for all repairs and decorations:

(i) the tenant will yield up the property in good condition at the end of the term with vacant possession;

(j) the tenant will permit entry to the property by the landlord for any reasonable purposes;

(k) the tenant will comply with any notice of breach of the tenant's covenants;

(l) the tenant will not place on the property any dangerous materials or machinery (other than buses and equipment reasonably associated with buses);

(m) the tenant will not use the property for any illegal or immoral purpose or for any dangerous, noisy, noxious or offence trade;

(n) the tenant will not use the property other than for parking, bus interchange facilities and ancillary services;

(o) the tenant will not add to or alter the building without specific consent;

(p) the tenant shall not assign, underlet, charge or grant security over the property;

(q) the tenant will pay all landlord's costs in relation to the service of section 146/147 notices under the Law of Property Act 1925;

(r) the tenant will comply with all statutory and planning requirements;

(s) the tenant will indemnify the landlord against all claims, losses, etc arising in connection with the use or occupation of the property;

(t) the tenant will insure the property;

(u) the landlord will permit the quiet enjoyment of the property;

(v) the landlord will give no warranty as to the permitted use;

(w) there will be no right to compensation, in any case, where the tenant adds to or modifies the property;

(x) if, at the end of the term, the tenant leaves goods on the property the Landlord may remove and sell them following notice.

SCHEDULE 7

SHUTTLE BUS SERVICE

To support the operation of the new stadium, a network of shuttle bus services is planned. The primary aim of the service will be to ensure that all bus borne passengers can (if they wish) vacate the Stadium Site within 1 hour of the end of any Programmed Football Event. The number of units that will be operated will provide sufficient capacity to achieve this. Whilst the operation of this system will be refined reviewed and refined as part of the process of reviewing the Green Transport Plan and with the benefit of operational experience, broadly, the opening proposals are as follows:

Number of units: 29

Main pick up nodes: Town Centre

Nuns Corner

Cleethorpes

Scartho*

Humberston*

These will be the terminal points of each shuttle route. As noted above, these are the initials proposed locations. Those route marked * will also feature intermediate pick-up points. For the Scartho route these will be Nunsthorpe and Bradley; for Humberston, New Waltham and Waltham.

The initial allocation of service units is proposed to be as follows:

The period of operation for these services will be broadly (some services might start or finish at different times to reflect their route pattern) two and half-hours before kick-off and then for a similar period after the final whistle.

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