Agreement Part 4

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 4.

PLANNING OBLIGATIONS

1. Obligations binding the Stadium Site

The Club, the Developer and the Estate undertake to the Council so as to bind the Stadium Site to comply with the following restrictions and requirements:

Provision of the Stadium

1.1 They will not use the Stadium for Programmed Football Events until it has been completed as a fully enclosed stadium with a minimum crowd capacity of 12,000 in general accordance with the Stadium Specification or any subsequent detailed or reserved matters approval for design and external appearance

Park and Ride Infrastructure

1.2 They will not use the Stadium until the Park and Ride Infrastructure has been substantially completed and is capable of being used

1.3 They will not use the Stadium until Tthe Park and Ride Infrastructure Lease will behas been granted to the Council forthwith whenfollowing completion of the Park and Ride Infrastructure is substantially completed and capable of being used as a park and ride facilityprovided that unreasonable refusal or delay by the Council in completing the Park and Ride Infrastructure Lease shall not prevent the use of the Stadium

Shuttle Bus Services

1.4 They will not use the Stadium for Programmed Football Events unless they have demonstrated to the satisfaction of the Council that a Satisfactory Shuttle Bus Service Contract has been secured and the service has been registered with the Traffic Commissioners

1.5 They will not use the Stadium at any time for Programmed Football Events unless the Shuttle Bus Service is available, provided that this obligation shall not be enforced by the Council unless it has previously given 28 days notice to anyone having, at the time, an interest in the Stadium Site, which interest has been registered at HM Land Registry

provided that no notice need be given to the Developer if they no longer have an interest in the Stadium Site

Green Transport Plans

1.6 They will:

unless otherwise agreed by the Council, submit for approval by the Council a draft Green Transport Plan within 6 months of the Stadium Contract being let

ensure that the first submitted draft of each Green Transport Plan submitted for approval by the Council complies with such of the principles set out in Part I of Schedule 9 as are commercially practicable and includes such of those measures set out in Part I of Schedule 9 as may from time to time be appropriate

not use the Stadium until a Council approved Green Transport Plan has been implemented

not use the Stadium for a Programmed Football Event unless a Council approved Green Transport Plan is in operation

in consultation with the Council, monitor and review the operation of the Green Transport Plan and from the date of the opening of the Stadium report annually to the Council on the effectiveness of the Green Transport Plan and not make material changes to the Green Transport Plan without the approval of the Council

if the Stadium is built in phases not increase the crowd capacity of the Stadium until a revised Green Transport Plan has been submitted to and approved by the Council

if, in the course of monitoring and reviewing the Green Transport Plan, it becomes apparent that any of the objectives or test criteria referred to in Schedule 9, or the Green Transport Plan itself, are not being met, submit revisions to the Green Transport Plan, aimed at remedying that failure, for approval by the Council

(h) not use the Stadium for any Programmed Football Event until the Advertising Strategy has been submitted to an approved by the Council and implemented

Off-Site Parking Controls

1.7 They will:

pay the Off-Site Car Parking Controls Contribution to the Council within 28 days of a Material Operation commencing on the construction of the Stadium

not use the Stadium until the Off-Site Parking Study has been completed and submitted to the Council

review the operation of the Off-Site Parking Controls in accordance with the principles set out in Part I of Schedule 3 and provide a report to the Council, prepared by an independent third party approved by the Council, in a format compatible with the Off-Site Parking Study and agreed by the Council from time to time

for the first playing season, within 10 days of each match, on a match by match basis for the first five matches and every third match thereafter

within 28 days after the first full playing season, covering the whole of that season.

fund the implementation of any reasonable capital or infrastructure improvements identified by the Joint Working Party and agreed by the Council acting reasonably as being required to mitigate any significant impact of car parking related to the Stadium either on residential amenity or road safety as identified by the measures detailed in Schedule 3 subject always to the costs of implementing any such improvements not exceeding the Transport Mitigation Sum or so much of the Transport Mitigation Sum as at the time remains unexpended or uncommitted and provided that whether or not car parking is related to the Stadium will be determined primarily by comparison of the Off-Site Parking Study and reports under paragraph 1.7(c)

ensure that any report submitted provides adequate information on the operation of the Off Site Parking Controls and such recommendations for improvements (if necessary) as may be appropriate and any information reasonably requested by the Joint Working Party or Liaison Group

will pay the Church Car Park Contribution to the Council forthwith on being provided with evidence that the Church Car Park Criteria have been met

not use the Stadium until arrangements satisfactory to the Council securing the attendance of at least three traffic wardens to enforce the Off-Site Parking Controls have been agreed

indemnify the Council against all the ongoing costs of administering and enforcing the Off-Site Parking Controls, as initially implemented or subsequently revised, including, without prejudice to the generality of the foregoing, the cost of issuing new permits, of towing away vehicles parked in breach of those controls and of securing the attendance of any necessary additional traffic wardens to enforce Off-Site Parking Controls

Woad Lane Link

1.8 They will:

(a) subject always to the Council having obtained the Woad Lane Link Necessary Consents having been obtained, construct the Woad Lane Link in accordance with the Woad Lane Link Specification and subject to Clause 12.2, the Council will use all reasonable endeavours to assist in securing those consents

dedicate the Woad Lane Link as a public highway pursuant to Section 38 of the Highways Act 1980 on the issue of the Maintenance Certificate and thereafter maintain the Woad Lane Link for a period of 12 monthsand thereafter maintain the Woad Lane Link for a period of 12 months

(b) not use the Stadium for any Programmed Football Event until the issue of the Maintenance Certificate unless they have failed to obtain the Woad Lane Link Necessary Consents having used all reasonable endeavours to obtain those consents including appealing where appropriate

Off Site Amenity Controls

1.9 They will not use the Stadium for any Programmed Football Event unless they have provided Off-Site Stewarding in a manner agreed with the Council from time to time, such agreement to include:

(c) the number of stewards;

(d) the locations of Off-Site Stewarding which shall include provision for stewards at the junction of Ferndown Meadowbank, the footpath between Cromwell Road and Station Road and at the railway level crossing

(e) the times when the stewards should be in place

(f) the stewards' duties; and

(g) the appropriate level of police involvement

(h) subject to paragraph 1.9 (g), an indication of the extent to which they will underwrite the cost of the appropriate level of police involvement in connection with all Programmed Football Events

(i) measures to secure the attendance of a minimum of 50 police officers at the first four Programmed Football Events provided that the maximum liability under this provision shall be £10,000

Marketing Strategy

1.10 They will not use the Stadium for any Programmed Football Event until the Marketing Strategy has been submitted to and approved by the Council and thereafter they will not use the Stadium for any Programmed Football Event without implementing that approved Marketing Strategy or any Council approved variation

Bonds

1.11 They will procure from a bank or similar financial institution approved by the Council:

(i) the Contributions Bond prior to the Retail Units opening for trade; and

(ii) the Transport Mitigation Bond prior to the first Programmed Football Event.

provided that there shall be no requirement for any Party without an interest in the Retail Site or the Stadium Site (as the case may be) to be a party to the relevant bond

Training Pitches

1.12 They will not use the Stadium for any Programmed Football Event until the Training Pitches are available for use in accordance with paragraph 1.13 unless the Council has refused to grant any necessary planning consent for the Training Pitches

1.13

(j) The Council may from time to time (but not more often than 12 times in any year) after the first Programmed Football Event require the Club to make any or all of the Training Pitches available for use for such matches as the Council shall specify including (but not limited to) schools matches and local cup finals

(k) The Council shall give to the Club not less than 14 days written notice of such requirement and the Club shall comply unless the Training Pitch or Pitches concerned are reasonably required for use by the Club or are otherwise booked

(l) Where the Club makes any of the Training Pitches available for use by third parties at the request of the Council under this paragraph they shall do so on terms which shall be no more onerous than those imposed by the Council on publicly owned football pitches which it operates

(m) At the same time as making the Training Pitches available under this paragraph the Club shall make available

Changing and toilet facilities

Goal posts goal nets and corner flags

Car parking

Great Coates Monitoring Arrangements

1.14 Prior to any Programmed Football Event they will agree the Great Coates Match Day Monitoring Arrangements with the Council

1.15 At their own expense they will implement or procure the implementation of the agreed Great Coates Match Day Monitoring Arrangements prior to any Programmed Football Event

1.16 They will submit to the Council the Great Coates Match Day Monitoring Reports in the agreed format on the following programme:

1.16.1 for the first playing season within 10 days of each match, on a match by match basis for the first five matches and every third match thereafter;

1.16.2 within 28 days of the end of the first full playing season, covering the whole of that season; and

1.16.3 if they fail to comply with any requirement of clause 1.16.1 or 1.16.2 the Council may by notice require them to provide Great Coates Match Day Monitoring Reports in respect of reasonable alternative matches such notice to be served on the Club; and

1.16.4 if they fail to comply with any notice served under clause 1.16.3 they will not use the Stadium for any Programmed Football Event until that failure has been remedied to the reasonable satisfaction of the Council

1.17 Subject to the Council securing any nNecessary cConsents they will implement at their own expense any measures identified in the Great Coates Match Day Monitoring Reports provided always that the cumulative cost of implementing and maintaining any such measures shall not exceed £20,000 and if they fail to comply with any notice from the Council requiring implementation of any such measures within a reasonable time they will not use the Stadium for any Programmed Football Event until that failure has been remedied to the reasonable satisfaction of the Council

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