Agreement Part 5

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 5.

1.18 Subject to the Council providing an appropriate site and obtaining any necessary consents for the installation of the CCTV System, they will not use the Stadium for any Programmed Football Event until the CCTV Contribution has been paid to the Council

Litter Collection

1.19 They will not use the Stadium until a scheme for litter clearance after each Programmed Football Event on the routes shown coloured brown on Plan 3 has been agreed with the Council and they shall implement that agreed scheme or any variation agreed by the Council at their own expense

Wybers Wood & Willows Bus Service

1.20 Prior to the use of the Stadium for the first Programmed Football Event they will submit for the approval of the Council the proposed area of service the routes that will be followed the proposed frequencies and the proposals for monitoring levels of patronage of the WWW Bus Service

1.21 Subject to paragraph 1.22 they will not use the Stadium for any Programmed Football Events unless the WWW Bus Service has been secured to the satisfaction of the Council to be operated in accordance with the approved details

1.22 At all times in consultation with the Council they will alter amend and improve the routes followed by the WWW Bus Service in order to maximise the level of passenger usage provided always that no alterations amendments or improvements shall be made other than with either the agreement of the Council or in accordance with any monitoring information that reasonably demonstrates that alterations amendments or improvements to the routes will increase levels of passenger usage

1.23 If at any time they are able to demonstrate to the satisfaction of the Council that the level of patronage of the WWW Bus Service has fallen below 30 percent over the course of any given football season such percentage being measured by the number of passengers carried compared to the total carrying capacity of the buses being used to provide the WWW Bus Service carrying passengers either to or from a Programmed Football Event (and excluding any trips not carrying passengers) then the WWW Bus Service may be discontinued and paragraph 1.20 will no longer apply

1.24 If at any time following the discontinuance of the WWW Bus Service as a consequence of either changed local circumstances or the circumstances of the Club the Council and the Liaison Group are able to demonstrate that the WWW Bus Service would be reasonably likely to achieve levels of patronage of over 40% over the course of a given football season then on joint notice from the Council and the Joint Working Party the Club will use reasonable endeavours to procure a recommenced WWW Bus Service provided that this obligation shall cease absolutely on a date seven years from the first Programmed Football Event

The Learning Centre

1.25 Prior to the use of the Stadium for any Programmed Football Event they will construct the Learning Centre

1.26 At the request of the Council they will grant a licence to the Council for the use by itself or its nominee of the Learning Centre on terms which shall include:

(a) hours of operation which do not conflict with the use of the Stadium;

(b) hours of operation which do not materially increase the cost of operating the Stadium;

(c) for the reimbursement by the Council on demand of all reasonable and proper revenue costs directly associated with the operation of the Learning Centre including any costs relating to the provision of information technology and computer equipment;

(d) for the Council to procure that adequate insurance including third party and public liability insurance;

(e) a limitation on the use of the Learning Centre for educational purposes;

(f) for the termination of the licence in the event of any material breach or any material period of non use or any failure of the working party to provide appropriate guidance for the operation of the Learning Centre or on redevelopment of the Stadium.

The Liaison Group

1.27 They will not commence any Material Operation relating to the development of the Stadium until they have publicised the existence of the Liaison Group in accordance with a scheme submitted to the Council and revised (if necessary) to take account of all reasonable comments made by the Council

1.28 As soon as reasonably practicable after the first Material Operation they will arrange an initial meeting of the Liaison Group relating to the development of the Stadium and will issue invitations to the Council and those other members of the local community who have expressed an interest in being a member of the Liaison Group and who appear to be suitably qualified for participating constructively in the Liaison Group and they will not use the Stadium unless such a meeting has taken place provided that if such a meeting does not take place through reasons beyond their reasonable control this shall not prevent the use of the Stadium

1.29 They will make facilities available for all meetings of the Liaison Group

1.30 They will arrange for the production and circulation of minutes of all meetings of the Liaison Group

The Joint Working Party

1.31 They will fund the implementation of any reasonable further improvements identified by the Joint Working Party and agreed by the Council acting reasonably as being required to mitigate the transport effects of the use of the Stadium or to assist the objectives of the Green Transport Plan 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 that time shall remain unexpended or uncommitted

Local Employment Preference

1.32 They will use reasonable endeavours to maximise the numbers of Local People and Local Businesses employed in the construction and operation of the Stadium and will report to the Council forthwith on the letting of the Stadium Contract and within 3 months of the first Material Operation relating to the development of the Stadium and and within 3 months of the Stadium being brought into use and thereafter at the Council's request the measures that have been undertaken to comply with this obligation which report will as far as practicable detail:

(a) the approaches that have been made to local employment agencies to secure applications for employment opportunities from Local People;

(b) the roadshows and liaison with local business groups and local contractor groups that has taken place;

(c) the approaches that have been made to local chambers of commerce and other similar organisations to secure tenders for work opportunities from Local Businesses;

(d) the local newspapers and other media in which employment and contracting opportunities have been advertised;

(e) where contracts have been let the measures that have been taken to ensure that any work was sub contracted to Local People and Local Businesses;

(f) the numbers of Local People and the Local Businesses who have been employed over the previous 12 month period as absolute numbers and where appropriate as a percentage of the total numbers of employees and businesses employed;

(g) target levels for the forthcoming 12 month period for the percentage of Local People and Local Businesses employed.

1.33 They will use reasonable endeavours to ensure that a minimum of 50% of all employees employed in the construction and operation of the Stadium are Local People

1.34 They will use reasonable endeavours to ensure that a minimum of 50% of all contractors employed in the construction and operation of the Stadium are Local Businesses

2. Obligations binding the Blundell Park Site

2.1 The Club undertakes to the Council so as to bind the freehold of the Blundell Park Site:

(a) not to commence development of more than 30% of the residential units on the Blundell Park Site until the Blundell Park Affordable Housing has been secured to the satisfaction of the Council.

(b) not to demolish the existing Blundell Park stadium until the Stadium is available for use

(a) that it will ensure that any redevelopment of the Blundell Park Site incorporates a suitable element of Public Art which shall have been first agreed in advance with the Council (such agreement not to have been unreasonably withheld) and in the event that the Club and the Council (both acting reasonably) fail to agree on the Public Art proposed by the Club, the Club shall on the date on which the first Material Operation is commenced at the Blundell Park Site pay £10,000 (TEN THOUSAND POUNDS) to the Council to be used by the Council for the provision of Public Art at the Blundell Park Site

3. Obligations binding the Retail Site

The Developer and the Estate undertakes to the Council so as to bind the freehold of the Retail Site as follows:

3.1 no Material Operation relating to the construction of the Retail Units shall commence until:

(a) subject to paragraph 3.2 arrangements have been made to the satisfaction of the Council for the phased payment of four million pounds £4,000,000 to the Club for the construction of the Stadium

(b) evidence has been provided to the Council that the Stadium Site has been or is contracted to be transferred to the Club

(c) evidence has been provided to the Council that the Stadium Contract has been let

3.2 it is agreed and declared that the figure of £4,000,000 may include both money and moneys worth or works in kind but shall exclude the cost of any infrastructure required to serve the Retail Units and the Stadium Site

3.3 the Retail Units shall not be open for trade until:

(a) the Retail Site Infrastructure has been completed

(b) the Bus Service Contribution Schedule has been agreed with the Council and security to the satisfaction of the Council has been provided to guarantee future payments of the Bus Service Contribution in accordance with the agreed Bus Service Contribution Schedule

(c) a scheme for the management of the Retail Car Park has been submitted to and approved by the Council, such scheme to set out the measures that will be taken and controls that will be used to ensure that the Retail Car Park is used as a short term shoppers car park

(d) work has commenced on the Stadium Site pursuant to the Stadium Contract

(e) a Council approved Green Transport Plan for the retail development in accordance with the principles set out in Part III of Schedule 9 has been implemented

3.4 They will pay the Bus Service Contribution in accordance with the Bus Service Contribution Schedule.

3.5 They will use reasonable endeavours to maximise the numbers of Local People and Local Businesses employed in the construction and operation of the Retail Units and will report to the Council on an annual basis on the anniversaries of the first Material Operation relating to the development of the Retail Units the measures that have been undertaken to comply with this obligation which report will as far as practicable detail:

(a) the approaches that have been made to local employment agencies to secure applications for employment opportunities from Local People;

(b) the roadshows and liaison with local business groups and local contractor groups that has taken place;

(c) the approaches that have been made to local chambers of commerce and other similar organisations to secure tenders for work opportunities from Local Businesses;

(d) the local newspapers and other media in which employment and contracting opportunities have been advertised;

(e) where contracts have been let the measures that have been taken to ensure that any work was sub contracted to Local People and Local Businesses;

(f) the numbers of Local People and the Local Businesses who have been employed over the previous 12 month period as absolute numbers and where appropriate as a percentage of the total numbers of employees and businesses employed;

(g) target levels for the forthcoming 12 month period for the percentage of Local People and Local Businesses employed.

3.6 They will use reasonable endeavours to ensure that a minimum of 50% of all employees employed in the construction and operation of the Retail Units are Local People

3.7 They will use reasonable endeavours to ensure that a minimum of 50% of all contractors employed in the construction and operation of the Retail Units are Local Businesses

4. Buffer Zone

4.1 The Estate undertakes to the Council so as to bind the freehold of the Buffer Zone Land that no development shall be permitted [for a period of 50 years] to take place within the Buffer Zone Land other than

4.1.1 uses associated with its ongoing use for agricultural purposes and/or recreational uses and which retain it as open space; and

4.1.2 development directly associated with the implementation of the Planning Permission provided that this shall not prohibit the construction of any building in the Buffer Zone where any such building is reasonably required for use in connection with the Training Pitches.

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