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Agreement Part 3
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 3.
| 1. OBLIGATIONS AFTER DISPOSAL OF WHOLE OR PART |
| 1.2 Subject to Clause 6.5 below the Developer and the Estate shall cease to have any obligation or liability under the terms of this Deed in relation to the Site or any part thereof once it shall have parted with all its interest in the Site (other than easements the sub-soil of highways and rights of a like nature) or that part thereof but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest. |
| 1.2 The Club shall cease to have any obligation or liability under the terms of this Deed in relation to the Blundell Park Site or any part thereof once it shall have parted with all its interest in the Blundell Park Site (other than easements and rights of a like nature) or that part thereof but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest. |
| 1.2 If the Club, the Developer or the Estate dispose of their interests in the Site or the Blundell Park Site or any part thereof the Club, the Developer or the Estate shall within 28 days of such disposal give written notice of the name and address of their successor to the Council together with sufficient details of the land included in the disposal to allow their identification |
| 1.2 The Director will at the Club's, the Developer's or the Estate's cost within 14 days of the receipt of a request for a certificate ascertain which (if any) of the restrictions and provisions included in any of the obligations in this Deed continue to have effect and apply to the Site or the Blundell Park Site as a whole or to any specified part and shall forthwith issue the Certificate |
| 1.2 It is agreed that the Estate shall (save for its obligations under Paragraph 4 of Schedule 1 to this Deed) cease to have any obligation or liability whatsoever under the terms of this Deed once it shall have parted with all of its interest in both the Stadium Site and the Retail Site (other than easements the sub-soil of highways and rights of a like nature) but without prejudice to liability for any subsisting breach of covenant prior to parting with such interests |
| 2. REASONABLENESS |
| Where by this Deed any approval or consent or direction or request or authority or agreement or certification or action or expression of satisfaction is required to be given or made or reached or taken by any of the Parties any such approval consent direction request authority agreement certification or action shall not be unreasonable or unreasonably withheld or delayed |
| 3. ARBITRATION |
| .2 Any dispute or difference of any kind whatsoever arising between the Parties hereto out of or in connection with this Deed (including, without limitation, any question regarding its existence, validity or termination) shall be referred to arbitration before a single arbitrator (the "arbitrator). |
| 3.2 The Parties shall jointly appoint the arbitrator not later than 28 days after service of a request in writing by either party to do so. |
| 3.2 If the Parties are unable to agree within 28 days as to the appointment of such arbitrator then the arbitrator shall be appointed on the application of either of the Parties as follows: |
| 3.3.1 if such difference or question relates to the rights and liabilities of either party or to the terms or conditions to be embodied in any deed or document appertaining thereto it shall be referred to a solicitor or barrister notified by or on behalf of the President for the time being of the Law Society; or |
| 3.3.2 if such difference or question relates to the green transport plan or sustainable transport measures highway works engineering demolition building or construction works it shall be referred to a Chartered Civil Engineer notified by or on behalf of the President for the time being of the Institution of Civil Engineers; or |
| 3.3.3 if such difference or question relates to the value of any interest in property it shall be referred to a chartered surveyor agreed upon by the Parties but in default of agreement appointed at the request of either party by or on behalf of the President for the time being of the Royal Institution of Chartered Surveyors; or |
| 3.3.4 if such difference or question relates to planning and related matters it shall be referred to a Chartered Town Planner agreed upon by the Parties but in default of agreement by or on behalf of the President for the time being of the Royal Town Planning Institute. |
| 3.2 In the event of a reference to arbitration the Parties agree to: |
| 3.4.1 prosecute any such reference expeditiously; and |
| 3.4.2 do all things or take all steps reasonably necessary in order to enable the arbitrator to deliver any award (interim, final or otherwise) as soon as reasonably practicable. |
| 3.2 The arbitrator will have the power to consolidate proceedings or hold concurrent proceedings and to order on a provisional basis any relief which he would have power to grant on a final award. |
| 3.2 The award shall be in writing signed by the arbitrator and shall be finalised within 14 days of the hearing. |
| 3.2 The award shall be final and binding both on the Parties and on any persons claiming through or under them and judgment upon the award may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of the award and an order of enforcement as the case may be. |
| 3.2 Unless this Deed has already been terminated, each of the Parties shall in every case continue to comply with its obligations under this Deed regardless of the nature of the dispute and notwithstanding the referral of the dispute for resolution pursuant to this Clause 8 (but without prejudice to the rights and obligations of the Parties in relation to the termination of the Deed). |
| 4. NOTICES |
| 4.2 Any notice to be given hereunder shall be in writing and shall either be delivered personally or sent by first class pre-paid post. The addresses for service on the Club, the Developer and the Estate and the Council shall be those stated in this Deed or such other address in England for service as the party to be served may have previously notified in writing |
| 4.2 Each notice served in accordance with sub-clause 9.1 hereof shall be deemed to have been given or made and delivered if by delivery when left at the relevant address or if by letter 48 hours after posting |
| 5. VAT |
| 5.2 All consideration given in accordance with the terms of this Deed shall be inclusive of any VAT properly payable. |
| 6. GENERAL |
| 6.2 The headings appearing in this Deed are for ease of reference only and shall not affect the construction of this Deed |
| 6.2 References to the singular include the plural |
| 6.2 For the avoidance of doubt the provisions of this Deed (other than those contained in this sub-clause) shall not have any effect until this document has been dated |
| 6.2 Any covenant in this Deed by which the relevant party is not to do an act shall be construed as if it were a covenant not to do or permit or suffer to be done such act |
| 6.2 Any covenant contained herein whereby the relevant party is not to omit to do an act or thing shall be construed as if it were a covenant not to omit or permit or suffer to be omitted such act |
| 6.2 References to statutes by-laws regulations orders and delegated legislation shall include any statute by-law regulation order or delegated legislation re-enacting or made pursuant to the same |
| 6.2 The Developer shall pay to the Council its reasonable costs with regard to the preparation and completion of this Deed |
| 6.2 References to the Club, the Developer and the Estate include references to their successors in title as owners of or persons having an interest in the Site or the Blundell Park Site or any part thereof and this Deed shall bind such successors in title of the Site or the Blundell Park Site or any part thereof |
| 6.2 Obligations requiring the exercise of reasonable endeavours shall not impose a duty to take any action or non-action which would significantly increase the cost of carrying out the relevant operation or works or which would significantly lengthen the programme for carrying out the relevant operations or works provided that this provision shall have no application to the obligation in paragraph 1.24 of Schedule 1 to this Deed |
| 7. LOCAL CHARGES AND COUNCIL FUNCTIONS |
| 12.1 This Deed shall be entered as a Local Land Charge and registered at the Local Land Charges Registry for the purposes of the Local Land Charges Act 1975 provided that if the Planning Permission expires unimplemented, or is set aside or revoked, or if all obligations under this agreement have been discharged then the said entry in the register will be removed |
| 7.2 Nothing in this Deed shall prejudice or affect the rights powers duties and obligations of the Council in the exercise by it of its statutory functions |
| 8. THIRD PARTY RIGHTS |
| The parties hereto do not intend that any term of this Deed shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Deed. |
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