AGREEMENTS AND DECLARATIONS. It is hereby agreed and declared as follows: 8.1 References to any party to this Agreement shall include successors in title and assigns to that party and to any deriving title through or under that party and in the case of the Council and Owner the successors to their respective statutory functions; save as provided in respect of the successors in title to the Site or any successor to the relevant statutory functions of the Council or the County Council this Agreement shall not be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Xxx 0000. 8.2 This Agreement is governed by and interpreted in accordance with the Law of England and the parties submit to the exclusive jurisdiction of the Courts of England. 8.3 Any notice or other written communication to be served by one party upon any other pursuant to the terms of this Agreement shall be deemed to have been validly served if delivered by hand or sent by pre-paid first class or recorded delivery post to the party to be served at its address herein specified or such other address as may from time to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication to be given by the Council Owner and/or the County Council shall be deemed valid and effectual if on its face value it is signed on behalf of the Council and/or the County Council by an officer or duly authorised signatory thereof. 8.4 Where any certificate, consent, permission, nomination or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same shall not be unreasonably withheld or delayed and if refused written reasons for the refusal shall be provided. 8.5 No person shall be liable for breach of a covenant contained in this Agreement after it shall have parted with all interest in the Site or that part of the Site in respect of which such breach occurred but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest. 8.6 This Agreement shall not be enforceable against: 8.6.1 any statutory undertaker or other person who acquires any part of the Site or an interest in it for the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public transport services; 8.6.2 the relevant highway authority to whom any part of the Site is disposed of for the purposes of adoption of any roads and/or footpaths and or/cycle ways to be constructed on the Site PROVIDED ALWAYS THAT nothing in this Agreement restricts or is intended to restrict the exercise at any time by the Council or the County Council of any of their statutory functions or discretions in relation to any part of the Site or otherwise. 8.7 If the Planning Permission shall expire before the Commencement Date or shall at any time be quashed, revoked, otherwise withdrawn or it is, without the consent of the Owner, modified by any statutory procedure the provisions of this Agreement shall forthwith determine and cease to have effect (insofar only as they have not already been complied with) and any Local Land Charge registered pursuant to clause 8.9 shall be cancelled as soon as reasonably practicable. 8.8 Nothing in this Agreement shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Agreement. 8.9 This Agreement shall upon completion be registered by the Council as a Local Land Charge. 8.10 If any sum due under this Agreement shall remain unpaid after the same has become due (without prejudice to any other right of the parties to this Agreement) Interest shall be paid thereon by the defaulting party to the other party from the date the sum becomes due to the date of actual receipt of the payment by the receiving party at the rate of 2% above the base lending rate of the Bank of England from time to time. 8.11 Obligations entered into by any party which comprises of more than one person shall be deemed to be joint and several. 8.12 No waiver (whether express or implied) by the Council of any breach or default in performing or observing any of the covenants terms or conditions of this Agreement shall constitute a waiver and no such waiver shall prevent the Council from enforcing any of the said terms or conditions or from acting upon any subsequent breach or default. 8.13 If any provision in this Agreement shall be held to be invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions shall not in any way be deemed thereby to be affected or impaired. 8.14 Nothing in this Agreement shall be construed as granting planning permission or any other approval consent or permission required from the Council in exercise of any other statutory function.
Appears in 3 contracts
Samples: Planning Obligation Agreement, Planning Obligation Agreement, Planning Obligation Agreement
AGREEMENTS AND DECLARATIONS. It is hereby agreed and declared as follows:
8.1 References to any party to this Agreement shall include successors in title and assigns to that party and to any deriving title through or under that party and in the case of the Council and Owner the successors to their respective statutory functions; save as provided in respect of the successors in title to the Site or any successor to the relevant statutory functions of the Council or the County Council this Agreement shall not be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Xxx 0000Act 1999.
8.2 This Agreement is governed by and interpreted in accordance with the Law of England and the parties submit to the exclusive jurisdiction of the Courts of England.
8.3 Any notice or other written communication to be served by one party upon any other pursuant to the terms of this Agreement shall be deemed to have been validly served if delivered by hand or sent by pre-paid first class or recorded delivery post to the party to be served at its address herein specified or such other address as may from time to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication to be given by the Council Owner and/or the County Council shall be deemed valid and effectual if on its face value it is signed on behalf of the Council and/or the County Council by an officer or duly authorised signatory thereof.
8.4 Where any certificate, consent, permission, nomination or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same shall not be unreasonably withheld or delayed and if refused written reasons for the refusal shall be provided.
8.5 No person shall be liable for breach of a covenant contained in this Agreement after it shall have parted with all interest in the Site or that part of the Site in respect of which such breach occurred but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest.
8.6 This Agreement shall not be enforceable against:
8.6.1 any statutory undertaker or other person who acquires any part of the Site or an interest in it for the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public transport services;
8.6.2 the relevant highway authority to whom any part of the Site is disposed of for the purposes of adoption of any roads and/or footpaths and or/cycle ways to be constructed on the Site PROVIDED ALWAYS THAT nothing in this Agreement restricts or is intended to restrict the exercise at any time by the Council or the County Council of any of their statutory functions or discretions in relation to any part of the Site or otherwise.
8.7 If the Planning Permission is not granted or shall expire before the Commencement Date or shall at any time be quashed, revoked, otherwise withdrawn or it is, without the consent of the Owner, modified by any statutory procedure the provisions of this Agreement shall forthwith determine and cease to have effect (insofar only as they have not already been complied with) and any Local Land Charge registered pursuant to clause 8.9 shall be cancelled as soon as reasonably practicable.
8.8 Nothing in this Agreement shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Agreement.
8.9 This Agreement shall upon completion be registered by the Council as a Local Land Charge.
8.10 If any sum due under this Agreement shall remain unpaid after the same has become due (without prejudice to any other right of the parties to this Agreement) Interest shall be paid thereon by the defaulting party to the other party from the date the sum becomes due to the date of actual receipt of the payment by the receiving party at the rate of 2% above the base lending rate of the Bank of England from time to time.
8.11 Obligations entered into by any party which comprises of more than one person shall be deemed to be joint and several.
8.12 No waiver (whether express or implied) by the Council of any breach or default in performing or observing any of the covenants terms or conditions of this Agreement shall constitute a waiver and no such waiver shall prevent the Council from enforcing any of the said terms or conditions or from acting upon any subsequent breach or default.
8.13 If any provision in this Agreement shall be held to be invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions shall not in any way be deemed thereby to be affected or impaired.
8.14 Nothing in this Agreement shall be construed as granting planning permission or any other approval consent or permission required from the Council in exercise of any other statutory function.
Appears in 2 contracts
AGREEMENTS AND DECLARATIONS. It is hereby agreed and declared as follows:
8.1 References to any party to this Agreement shall include successors in title and assigns to that party and to any deriving title through or under that party and in the case of the Council and Owner the successors to their respective statutory functions; save as provided in respect of the successors in title to the Site or any successor to the relevant statutory functions of the Council or the County Council this Agreement shall not be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Xxx 0000.
8.2 This Agreement is governed by and interpreted in accordance with the Law of England and the parties submit to the exclusive jurisdiction of the Courts of England.
8.3 7.1 Any notice or other written communication to be served by one party upon any other pursuant to the terms of this Agreement shall be deemed to have been validly served if delivered by hand or sent by pre-paid first class or recorded delivery post to the party to be served at its address herein specified or such other address as may from time to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication to be given by the Council Owner and/or the County Council shall be deemed valid and effectual if on its face value it is signed on behalf of the Council and/or the County Council by an officer or duly authorised signatory thereof.
8.4 Where any certificate, consent, permission, nomination or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same shall not be unreasonably withheld or delayed and if refused written reasons for the refusal shall be provided.
8.5 7.2 No person shall be liable for breach of a covenant contained in this Agreement after it shall have parted with all interest in the Site or that part of the Site in respect of which such breach occurred but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest.
8.6 This Agreement shall not be enforceable against:
8.6.1 any statutory undertaker or other person who acquires any part of the Site or an interest in it for the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public transport services;
8.6.2 the relevant highway authority to whom any part of the Site is disposed of for the purposes of adoption of any roads and/or footpaths and or/cycle ways to be constructed on the Site PROVIDED ALWAYS THAT nothing in this Agreement restricts or is intended to restrict the exercise at any time by the Council or the County Council of any of their statutory functions or discretions in relation to any part of the Site or otherwise.
8.7 7.3 If the Planning Permission shall expire before the Commencement Date or shall at any time be quashed, revoked, otherwise withdrawn or it is, without the consent of the Owner, modified by any statutory procedure revoked the provisions of this Agreement shall forthwith determine and (subject to already having taken effect in accordance with clause 7.11) cease to have effect (insofar only as they have not already been complied with) and any Local Land Charge registered pursuant to clause 8.9 shall be cancelled as soon as reasonably practicableeffect.
8.8 7.4 Nothing in this Agreement shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this AgreementAgreement save for any further subsequent reserved matters permission to the Planning Permission (if relevant).
8.9 7.5 This Agreement shall upon completion be registered by the Council as a Local Land Charge.
8.10 If 7.6 The Council will upon the written request of the Owner at any sum due time after the obligations of the Owner under this Agreement have been fulfilled issue written confirmation thereof and cancel all related entries in the register of Local Land Charges.
7.7 The Owner will supply to the Council within two weeks of the Council’s written request to do so such information as the Council may reasonably require for monitoring purposes in order to determine whether the restrictions and obligations of this Agreement are being observed
7.8 Save as provided in respect of the successors in title to the Site or any successor to the relevant statutory functions of the Council this Agreement shall remain unpaid after not be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Xxx 0000.
7.9 Where any certificate, consent, permission or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same has become due (shall not be unreasonably withheld and shall be given without prejudice unreasonable delay and shall either be granted or written reasons given for refusal.
7.10 The Owner agrees to any other right pay the Council’s reasonable legal costs, charges and disbursements incurred in connection with the preparation and negotiation of this agreement and all necessary post completion tasks
7.11 Except for the provisions of clause 7.10 and paragraphs 1.5 and 2.1 of the parties to First Schedule) (which shall come into effect from the date of this Agreement) Interest shall be paid thereon by the defaulting party to the other party from the date the sum becomes due to the date of actual receipt of the payment by the receiving party at the rate of 2% above the base lending rate of the Bank of England from time to time.
8.11 Obligations entered into by any party which comprises of more than one person shall be deemed to be joint and several.
8.12 No waiver (whether express or implied) by the Council of any breach or default in performing or observing any of the covenants terms or conditions of this Agreement shall constitute a waiver and no such waiver shall prevent the Council from enforcing any of the said terms or conditions or from acting upon any subsequent breach or default.
8.13 If any provision all obligations contained in this Agreement shall be held come into effect and bind the Site and the relevant party from the Commencement Date
1. HIGHWAY WORKS CONTRIBUTION Not to be invalid illegal or unenforceable Commence Development until the validity legality and enforceability Highway Contribution has been paid to the Council.
1. The Council covenants with the Owner:
1.1 to pay the Highway Contribution into a separately identified cost centre as soon as reasonably practicable;
1.2 Not to use any part of the remaining provisions shall not in any way be deemed thereby to be affected Highway Works Contribution other than for the Highway Works (whether by the Council or impairedanother party).
8.14 Nothing in this Agreement shall be construed as granting planning permission 1.3 If the Highway Works Contribution has not been spent or any other approval consent or permission required from committed for expenditure by the Council in exercise within 2 years following the date of receipt of the Highway Works Contribution, the Council shall refund to the Owner any other statutory functionpart of the Highway Works Contribution which has not been spent or committed for expenditure, together with any accrued interest.
1.4 Upon request, to account to the Owner for all of the Highway Works Contribution spent by the Council
Appears in 1 contract
Samples: Planning Obligation
AGREEMENTS AND DECLARATIONS. It is hereby agreed The parties to this licence agree and declared as followsdeclare that:
8.1 References to any party to this Agreement shall include successors in title and assigns to that party and to any deriving title through or under that party and 5.1 the licence granted by clause 3 is conditional on the Tenant complying with clause 4.1
5.2 in the case event of any breach of the Council and Owner covenants by the successors Tenant herein contained prior to their respective statutory functions; save as provided in respect the completion of the successors in title to Works then the Site or any successor to the relevant statutory functions of the Council or the County Council this Agreement licence granted by clause 3 shall not be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Xxx 0000.
8.2 This Agreement is governed by and interpreted in accordance with the Law of England and the parties submit to the exclusive jurisdiction of the Courts of England.
8.3 Any notice or other written communication to be served by one party upon any other pursuant to the terms of this Agreement shall be deemed cease to have been validly served if delivered by hand or sent by pre-paid first class or recorded delivery post to the party to be served at its address herein specified or such other address as may from time to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication to be given by the Council Owner and/or the County Council shall be deemed valid and effectual if on its face value it is signed on behalf of the Council and/or the County Council by an officer or duly authorised signatory thereof.
8.4 Where any certificate, consent, permission, nomination or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same shall not be unreasonably withheld or delayed and if refused written reasons for the refusal shall be provided.
8.5 No person shall be liable for breach of a covenant contained in this Agreement after it shall have parted with all interest in the Site or that part of the Site in respect of which such breach occurred effect but without prejudice to liability for any subsisting breach of covenant prior rights which shall have accrued to parting with such interest.the Landlord against the Tenant
8.6 This Agreement 5.3 this licence shall not be enforceable against:release or in any way lessen the liability of the Tenant and Surety to the Landlord under the tenant covenants of the Lease or the liability of any other party to the Landlord under those covenants which shall apply to the Premises in their altered state after completion of the Works
8.6.1 5.4 any statutory undertaker diminution in the rental value of the Premises caused by the Works or other person who acquires any part of them or the Site or an interest obligations in it this licence shall be disregarded for the purposes of any rent review under the supply Lease
5.5 the right of electricity, gas, water, drainage, telecommunication services re-entry contained in the Lease shall be exercisable as well on any breach of any covenant in this licence as on the happening of any event which gives rise to such right under the terms of the Lease
5.6 this licence is restricted to the particular alterations and Works hereby authorised and shall not authorise any further or public transport services;other variation from the covenants and conditions contained in the Lease which shall otherwise remain in full force and effect
8.6.2 5.7 this licence and any approval instruction or supervision given or carried out hereunder are granted given or carried out without any liability on the relevant highway authority to whom any part of the Site is disposed of Landlord or its professional advisers or employees and imply no responsibility for the purposes of adoption of any roads and/or footpaths Works their design or execution and or/cycle ways to be constructed on the Site PROVIDED ALWAYS THAT nothing in granting this Agreement restricts licence no waiver variation or is intended to restrict the exercise at any time by the Council or the County Council of any of their statutory functions or discretions in relation to any part of the Site or otherwise.
8.7 If the Planning Permission shall expire before the Commencement Date or shall at any time be quashed, revoked, otherwise withdrawn or it is, without the consent of the Owner, modified by any statutory procedure the provisions of this Agreement shall forthwith determine and cease to have effect (insofar only as they have not already been complied with) and any Local Land Charge registered pursuant to clause 8.9 shall be cancelled as soon as reasonably practicable.
8.8 Nothing in this Agreement shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Agreement.
8.9 This Agreement shall upon completion be registered by the Council as a Local Land Charge.
8.10 If any sum due under this Agreement shall remain unpaid after the same has become due (without prejudice to any other right of the parties to this Agreement) Interest shall be paid thereon by the defaulting party to the other party from the date the sum becomes due to the date of actual receipt of the payment by the receiving party at the rate of 2% above the base lending rate of the Bank of England from time to time.
8.11 Obligations entered into by any party which comprises of more than one person shall be deemed to be joint and several.
8.12 No waiver alteration (whether express or implied) by the Council of any breach or default in performing or observing any of the tenant covenants terms or conditions of this Agreement shall constitute a waiver and no such waiver shall prevent the Council from enforcing any of the said terms Lease is given or conditions or from acting upon any subsequent breach or default.
8.13 If any provision in this Agreement shall may be held to be invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions shall not in any way be deemed thereby to be affected or impaired.
8.14 Nothing in this Agreement shall be construed as granting planning permission or any other approval consent or permission required from the Council in exercise of any other statutory function.implied
Appears in 1 contract
AGREEMENTS AND DECLARATIONS. It 8.1 The obligations contained in this Deed shall take effect only upon the Implementation Date (save where expressly stated to the contrary in this Deed) and in the event that the Permission is hereby agreed not implemented and declared as follows:expires the obligations contained in this Deed shall absolutely cease and determine without further obligation upon the Owners or their successors in title.
8.1 References to any party to 8.2 The obligations contained in this Agreement Deed shall include absolutely cease and determine without further obligation upon the Owners or their successors in title and assigns to that party and to any deriving title through or under that party and in if the case of the Council and Owner the successors to their respective statutory functions; save as provided in respect of the successors in title to the Site or any successor to the relevant statutory functions of the Council or the County Council this Agreement shall not be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Xxx 0000.
8.2 This Agreement Permission is governed by and interpreted in accordance with the Law of England and the parties submit to the exclusive jurisdiction of the Courts of England.
8.3 Any notice or other written communication to be served by one party upon any other pursuant to the terms of this Agreement shall be deemed to have been validly served if delivered by hand or sent by pre-paid first class or recorded delivery post to the party to be served at its address herein specified or such other address as may from time to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication to be given by the Council Owner and/or the County Council shall be deemed valid and effectual if on its face value it is signed on behalf of the Council and/or the County Council by an officer or duly authorised signatory thereof.
8.4 Where any certificaterevoked, consent, permission, nomination or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same shall not be unreasonably withheld or delayed and if refused written reasons for the refusal shall be provided.
8.5 No person shall be liable for breach of a covenant contained in this Agreement after it shall have parted with all interest in the Site or that part of the Site in respect of which such breach occurred but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest.
8.6 This Agreement shall not be enforceable against:
8.6.1 any statutory undertaker or other person who acquires any part of the Site or an interest in it for the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public transport services;
8.6.2 the relevant highway authority to whom any part of the Site is disposed of for the purposes of adoption of any roads and/or footpaths and or/cycle ways to be constructed on the Site PROVIDED ALWAYS THAT nothing in this Agreement restricts or is intended to restrict the exercise at any time by the Council or the County Council of any of their statutory functions or discretions in relation to any part of the Site or otherwise.
8.7 If the Planning Permission shall expire before the Commencement Date or shall at any time be quashed, revoked, otherwise withdrawn or it is, is modified without the consent of the Owner, modified by any statutory procedure Owners expires or if a separate planning permission is subsequently granted and implemented which is incompatible with the provisions of this Agreement shall forthwith determine and cease to have effect (insofar only as they have not already been complied with) and any Local Land Charge registered pursuant to clause 8.9 shall be cancelled as soon as reasonably practicablePermission.
8.8 8.3 Nothing in this Agreement Deed shall prohibit or limit the right to develop any part of the Site Land in accordance with a any planning permission (save for the Permission.
8.4 The obligations under this Deed shall not be enforceable against:-
8.4.1 persons who purchase or take leases of the Housing Units other than in respect of restrictions on the Planning Permissionuse of the Affordable Housing Units or where specified in this Deed (or their successors in title chargees mortgagees or receivers) granted (whether nor;
8.4.2 any statutory undertaker/utility provider which acquires any part of the Land or not on appeal) after an interest in it for the date purposes of this Agreementits statutory function.
8.9 8.5 This Agreement shall upon completion be registered by the Council as Deed constitutes a Local Land Charge.
8.10 If any sum due under this Agreement shall remain unpaid after the same has become due (without prejudice to any other right of the parties to this Agreement) Interest Charge and shall be paid thereon by registered as such provided that UDC will upon the defaulting party to the other party from the date the sum becomes due to the date happening of actual receipt of the payment by the receiving party at the rate of 2% above the base lending rate of the Bank of England from time to time.
8.11 Obligations entered into by any party which comprises of more than one person shall be deemed to be joint and several.
8.12 No waiver (whether express or implied) by the Council of any breach or default in performing or observing any of the covenants terms eventualities referred to in Clauses 8.1 and 8.2 procure the removal of any entry made on the Local Land Charges Register (subject to the payment of UDC’s reasonable and proper costs) in respect of or conditions related to this Deed.
8.6 No variation to this Deed shall be effective unless made by deed, and for the avoidance of doubt the consent, seal, signature, execution or approval of the purchaser tenant or residential occupier of any Housing Unit or their mortgagees shall not be required to vary any part of this Agreement shall constitute a waiver and no such waiver shall prevent the Council from enforcing any of the said terms or conditions or from acting upon any subsequent breach or defaultDeed.
8.13 If any provision in this Agreement shall be held to be invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions shall not in any way be deemed thereby to be affected or impaired.
8.14 Nothing in this Agreement shall be construed as granting planning permission or any other approval consent or permission required from the Council in exercise of any other statutory function.
Appears in 1 contract
Samples: Section 106 Agreement
AGREEMENTS AND DECLARATIONS. It is hereby agreed and declared as follows:
8.1 References to any party to this Agreement shall include successors in title and assigns to that party and to any deriving title through or under that party and in the case of the Council and Owner the successors to their respective statutory functions; save as provided in respect of the successors in title to the Site or any successor to the relevant statutory functions of the Council or the County Council this Agreement shall not be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Xxx 0000.
8.2 This Agreement is governed by and interpreted in accordance with the Law of England and the parties submit to the exclusive jurisdiction of the Courts of England.
8.3 Any notice or other written communication to be served by one party upon any other pursuant to the terms of this Agreement shall be deemed to have been validly served if delivered by hand or sent by pre-paid first class or recorded delivery post to the party to be served at its address herein specified or such other address as may from time to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication to be given by the Council Owner and/or the County Council shall be deemed valid and effectual if on its face value it is signed on behalf of the Council and/or the County Council by an officer or duly authorised signatory thereof.
8.4 Where any certificate, consent, permission, nomination or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same shall not be unreasonably withheld or delayed and if refused written reasons for the refusal shall be provided.
8.5 8.2 No person shall be liable for breach of a covenant contained in this Agreement after it shall have parted with all interest in the Site or that part of the Site in respect of which such breach occurred but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest.
8.6 This Agreement shall not be enforceable against:
8.6.1 any statutory undertaker or other person who acquires any part of the Site or an interest in it for the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public transport services;
8.6.2 the relevant highway authority to whom any part of the Site is disposed of for the purposes of adoption of any roads and/or footpaths and or/cycle ways to be constructed on the Site PROVIDED ALWAYS THAT nothing in this Agreement restricts or is intended to restrict the exercise at any time by the Council or the County Council of any of their statutory functions or discretions in relation to any part of the Site or otherwise.
8.7 8.3 If the Planning Permission shall expire before the Commencement Date or shall at any time be quashed, revoked, otherwise withdrawn or it is, without the consent of the Owner, modified by any statutory procedure revoked the provisions of this Agreement shall forthwith determine and cease to have effect (insofar only as they have not already been complied with) and any Local Land Charge registered pursuant to clause 8.9 shall be cancelled as soon as reasonably practicable.effect
8.8 8.4 Nothing in this Agreement shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Agreement.Agreement save for any subsequent reserved matters permission
8.9 8.5 Each Disposal of the Affordable Unit shall include a restriction in the following terms: “No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered without a certificate signed by the Director of Corporate and Legal Services (or other officer authorised for the time being by the Council) of Eden District Council, of Xxxx Xxxx, Xxxxxxx, Xxxxxxx, XX00 0XX that the provisions of [specify clause, paragraph or other particulars from transfer of Affordable Unit] have been complied with”
8.6 This Agreement shall upon completion be registered by the Council as a Local Land Charge.Charge against the Affordable Units
8.10 If 8.7 The Council will upon the written request of the Owner/ Registered Provider [delete as appropriate] at any sum due time after the obligations of the Owner under this Agreement shall remain unpaid after have been fulfilled issue written confirmation thereof and cancel all related entries in the same has become due (without prejudice register of Local Land Charges
8.8 The Owner/ Registered Provider [delete as appropriate] will supply to any other right the Council within two weeks of the parties Council‟s written request to do so such information as the Council may reasonably require for monitoring purposes in order to determine whether the restrictions and obligations of this Agreement) Interest shall be paid thereon by Agreement are being observed
8.9 Save as provided in respect of the defaulting party successors in title to the other party from the date the sum becomes due Site or any successor to the date of actual receipt relevant statutory functions of the payment Council this Agreement shall not be enforceable by any third party pursuant to the receiving party at the rate Contracts (Rights of 2% above the base lending rate of the Bank of England from time Third Parties) Xxx 0000
8.10 Where any certificate, consent, permission or other approval is to time.
8.11 Obligations entered into be given by any party which comprises or any person on behalf of more than one person any party hereto under this Agreement the decision of the same shall not be unreasonably withheld and shall be deemed to given without unreasonable delay and shall either be joint and several.granted or written reasons given for refusal
8.11 [For the avoidance of doubt, in the event that [Shared Ownership Unit/ Rented Unit] is purchased outright by the current owner the provisions of paragraphs […] shall no longer apply]
8.12 No waiver (whether express or implied) by The Owner agrees to pay the Council of any breach or default Council‟s reasonable legal costs, charges and disbursements incurred in performing or observing any of connection with the covenants terms or conditions preparation of this Agreement shall constitute a waiver agreement and no such waiver shall prevent registration at the Council from enforcing any of the said terms or conditions or from acting upon any subsequent breach or defaultLand Registry.
8.13 If any provision in this Agreement shall be held to be invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions shall not in any way be deemed thereby to be affected or impaired.
8.14 Nothing in this Agreement shall be construed as granting planning permission or any other approval consent or permission required from the Council in exercise of any other statutory function.
Appears in 1 contract
Samples: Planning Obligation Agreement
AGREEMENTS AND DECLARATIONS. It 7.1 The Owner consents to the making of this Agreement and acknowledges that its interest in the Site shall henceforth be bound by it
7.2 This Agreement is hereby agreed registrable as a Local Land Charge for the purposes of the Local Land Charges Act 1975 and declared shall be registered as follows:such by the Council
8.1 References 7.3 The parties agree that nothing in this Agreement constitutes an obligation to grant planning permission
7.4 Nothing in this Agreement grants planning permission or any party other approval consent or permission required from the Council in the exercise of any other statutory function
7.5 Nothing in the Agreement xxxxxxx or restricts the exercise by the Council of any of their powers
7.6 The obligations contained in this Agreement are planning obligations for the purpose of Section 106 of the Act
7.7 This Agreement constitutes a Deed
7.8 This Agreement is enforceable by the Council
7.9 No person shall be liable for breach of the obligations contained in this Agreement after they shall have parted with all interests in the Site or the part in respect of which such breach occurs but without prejudice for any subsisting breach or obligation prior to parting with such interest
7.10 The parties to this Agreement shall include successors in title and assigns to do not intend that party and to any deriving title through or under that party and in the case of the Council and Owner the successors to their respective statutory functions; save as provided in respect of the successors in title to the Site or any successor to the relevant statutory functions of the Council or the County Council this Agreement shall not its terms will be enforceable by any third party pursuant to virtue of the Contracts (Rights of Third Parties) Xxx 0000.
8.2 This Agreement is governed 0000 by and interpreted in accordance with the Law of England and the parties submit to the exclusive jurisdiction of the Courts of England.
8.3 Any notice or other written communication to be served by one party upon any other pursuant to the terms of this Agreement shall be deemed to have been validly served if delivered by hand or sent by pre-paid first class or recorded delivery post to the person not a party to be served at its address herein specified or such other address as may from time to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication to be given by the Council Owner and/or the County Council shall be deemed valid and effectual if on its face value it is signed on behalf of the Council and/or the County Council by an officer or duly authorised signatory thereof.it
8.4 Where any certificate, consent, permission, nomination or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same shall not be unreasonably withheld or delayed and if refused written reasons for the refusal shall be provided.
8.5 No person shall be liable for breach of a covenant contained in this Agreement after it shall have parted with all interest in the Site or that part of the Site in respect of which such breach occurred but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest.
8.6 This Agreement shall not be enforceable against:
8.6.1 any statutory undertaker or other person who acquires any part of the Site or an interest in it for the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public transport services;
8.6.2 the relevant highway authority to whom any part of the Site is disposed of for the purposes of adoption of any roads and/or footpaths and or/cycle ways to be constructed on the Site PROVIDED ALWAYS THAT nothing in this Agreement restricts or is intended to restrict the exercise at any time by the Council or the County Council of any of their statutory functions or discretions in relation to any part of the Site or otherwise.
8.7 7.11 If the Planning Permission shall expire before the Commencement Date or shall at any time be is quashed, revoked, revoked or otherwise withdrawn or it isexpires within the meaning of Section 91, 92 and 93 of the Act or is revoked or modified in accordance with Section 97 to 100 inclusive of the Act without the consent of the OwnerOwner or is successfully challenged by a third party or otherwise, modified by any statutory procedure the provisions of this Agreement shall forthwith determine and cease to have effect (insofar only as they have not already been complied with) and any Local Land Charge registered pursuant to clause 8.9 shall be cancelled as soon as reasonably practicable.effect
8.8 7.12 Nothing in this Agreement shall prohibit or limit the right to develop any part of the Site in accordance with a any planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Agreement.
8.9 This Agreement shall upon completion be registered by 7.13 In the Council as a Local Land Charge.
8.10 If any sum due under this Agreement shall remain unpaid after the same has become due (without prejudice to any other right of the parties to this Agreement) Interest shall be paid thereon by the defaulting party to the other party from the date the sum becomes due to the date of actual receipt of the payment by the receiving party at the rate of 2% above the base lending rate of the Bank of England from time to time.
8.11 Obligations entered into by any party which comprises of more than one person shall be deemed to be joint and several.
8.12 No waiver (whether express or implied) by the Council of any breach or default in performing or observing event that any of the covenants terms or conditions provisions of this Agreement are unenforceable this shall constitute a waiver and no such waiver shall prevent not affect the Council from enforcing any of the said terms or conditions or from acting upon any subsequent breach or default.
8.13 If any provision in this Agreement shall be held to be invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions shall not in any way be deemed thereby to be affected or impaired.hereof
8.14 Nothing in 7.14 Any variation of this Agreement shall be construed as granting planning permission or any other approval consent or permission required from agreed between the parties and the Council in exercise writing shall not vitiate the remainder of this Agreement which shall remain in full force and effect subject to the amendment or amendments so agreed
7.15 Where any other statutory function.consent or approval is required under the terms of this Agreement, such consent or approval shall not be unreasonably withheld or delayed
Appears in 1 contract
Samples: Section 106 Agreement
AGREEMENTS AND DECLARATIONS. It is hereby agreed and declared as followsthat:
8.1 References 7.1 The Owner consents to any party to the making of this Agreement shall include successors in title and assigns to acknowledges that party and to any deriving title through or under that party and his interest in the case Site shall henceforth be bound by it until either:-
i) the owner ceases to occupy the site or;
ii) the owner dies or;
iii) in the event of the Council and Owner owner’s death the successors owner’s wife Xxx Xxxxx Xxxxx continues to their respective statutory functions; save as provided in respect of the successors in title to occupy the Site or any successor to whichever period is the relevant statutory functions of the Council or the County Council this Agreement shall not be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Xxx 0000.longer
8.2 7.2 This Agreement is governed by and interpreted in accordance with registrable as a Local Land Charge for the Law of England and the parties submit to the exclusive jurisdiction purposes of the Courts of England.Local Land Charges Act 1975
8.3 Any notice or other written communication to be served by one party upon any other pursuant to the terms of this Agreement shall be deemed to have been validly served if delivered by hand or sent by pre-paid first class or recorded delivery post to the party to be served at its address herein specified or such other address as may from time to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication to be given by the Council Owner and/or the County Council shall be deemed valid and effectual if on its face value it is signed on behalf of the Council and/or the County Council by an officer or duly authorised signatory thereof.
8.4 Where any certificate, consent, permission, nomination or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same shall not be unreasonably withheld or delayed and if refused written reasons for the refusal shall be provided.
8.5 7.3 No person shall be liable for breach of a covenant contained in this Agreement after it he shall have parted with all interest in the Site or that the part of the Site in respect of which such breach occurred occurs, but without prejudice to any liability for any subsisting breach at the date of covenant prior to parting with such interest.
8.6 This Agreement shall not be enforceable against:
8.6.1 any statutory undertaker or other person who acquires any part of the Site or an interest in it for the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public transport services;
8.6.2 the relevant highway authority to whom any part of the Site is disposed of for the purposes of adoption of any roads and/or footpaths and or/cycle ways to be constructed on the Site PROVIDED ALWAYS THAT nothing in this Agreement restricts or is intended to restrict the exercise at any time by the Council or the County Council of any of their statutory functions or discretions in relation to any part of the Site or otherwise.
8.7 If the Planning Permission shall expire before the Commencement Date or shall at any time be quashed, revoked, otherwise withdrawn or it is, without the consent of the Owner, modified by any statutory procedure the provisions of this Agreement shall forthwith determine and cease to have effect (insofar only as they have not already been complied with) and any Local Land Charge registered pursuant to clause 8.9 shall be cancelled as soon as reasonably practicable.
8.8 7.4 Nothing in this Agreement shall prohibit or limit the right to develop any part of the Site in accordance with a any planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Agreement.
8.9 This Agreement shall upon completion be registered by 7.5 In the Council as a Local Land Charge.
8.10 If any sum due under this Agreement shall remain unpaid after the same has become due (without prejudice to any other right of the parties to this Agreement) Interest shall be paid thereon by the defaulting party to the other party from the date the sum becomes due to the date of actual receipt of the payment by the receiving party at the rate of 2% above the base lending rate of the Bank of England from time to time.
8.11 Obligations entered into by any party which comprises of more than one person shall be deemed to be joint and several.
8.12 No waiver (whether express or implied) by the Council of any breach or default in performing or observing event that any of the covenants terms or conditions provisions of this Agreement are unenforceable this shall constitute a waiver and no such waiver shall prevent not affect the Council from enforcing any of the said terms or conditions or from acting upon any subsequent breach or default.
8.13 If any provision in this Agreement shall be held to be invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions hereof
7.6 Any variation of this Agreement agreed between the Owner and the Council in writing shall not vitiate the remainder of this Agreement which shall remain in full force and effect subject to the amendment or amendments so agreed
7.7 Where any way consent or approval is required under the terms of this Agreement, such consent or approval shall not be deemed thereby unreasonably withheld or delayed
7.8 The parties to this Agreement do not intend that any of its terms will be affected or impaired.enforceable by virtue of the Contracts (Rights of Third Parties) Xxx 0000 by any person not a party to it
8.14 Nothing 7.9 The covenants and obligations on the part of the Owner contained in this Agreement shall only be construed as granting planning permission enforceable in respect of land which is either under the control or any other approval consent or permission required from within the Council in exercise ownership of any other statutory function.the Owner
Appears in 1 contract
Samples: Section 106 Agreement
AGREEMENTS AND DECLARATIONS. It is hereby agreed and declared as followsthat:
8.1 References 7.1 The Owner consents to any party to the making of this Agreement shall include successors in title and assigns to acknowledges that party and to any deriving title through or under that party and its interest in the case of the Council and Owner the successors to their respective statutory functions; save as provided in respect of the successors in title to the Site or any successor to the relevant statutory functions of the Council or the County Council this Agreement shall not henceforth be enforceable bound by any third party pursuant to the Contracts (Rights of Third Parties) Xxx 0000.it
8.2 7.2 This Agreement is governed by and interpreted in accordance with registrable as a Local Land Charge for the Law of England and the parties submit to the exclusive jurisdiction purposes of the Courts of England.Local Land Charges Act 1975
8.3 Any notice or other written communication to be served by one party upon any other pursuant to the terms of this Agreement shall be deemed to have been validly served if delivered by hand or sent by pre-paid first class or recorded delivery post to the party to be served at its address herein specified or such other address as may from time to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication to be given by the Council Owner and/or the County Council shall be deemed valid and effectual if on its face value it is signed on behalf of the Council and/or the County Council by an officer or duly authorised signatory thereof.
8.4 Where any certificate, consent, permission, nomination or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same shall not be unreasonably withheld or delayed and if refused written reasons for the refusal shall be provided.
8.5 7.3 No person shall be liable for breach of a covenant contained in this Agreement after it he shall have parted with all interest in the Site or that the part of the Site in respect of which such breach occurred occurs, but without prejudice to any liability for any subsisting breach at the date of covenant prior to parting with such interest.
8.6 This Agreement shall not be enforceable against:
8.6.1 any statutory undertaker or other person who acquires any part of the Site or an interest in it for the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public transport services;
8.6.2 the relevant highway authority to whom any part of the Site is disposed of for the purposes of adoption of any roads and/or footpaths and or/cycle ways to be constructed on the Site PROVIDED ALWAYS THAT nothing in this Agreement restricts or is intended to restrict the exercise at any time by the Council or the County Council of any of their statutory functions or discretions in relation to any part of the Site or otherwise.
8.7 7.4 If the Planning Permission shall expire before the Commencement Date or shall at any time be is quashed, revoked, revoked or otherwise withdrawn or it isexpires within the meaning of section 91, 92 and 93 of the Act or is revoked or modified in accordance with section 97 to 100 inclusive of the Act without the consent of the OwnerOwner or is successfully challenged by a third party or otherwise, modified by any statutory procedure the provisions of this Agreement shall forthwith determine and cease to have effect (insofar only as they have not already been complied with) and any Local Land Charge registered pursuant to clause 8.9 shall be cancelled as soon as reasonably practicable.effect
8.8 7.5 Nothing in this Agreement shall prohibit or limit the right to develop any part of the Site in accordance with a any planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Agreement.
8.9 This Agreement shall upon completion be registered by 7.6 In the Council as a Local Land Charge.
8.10 If any sum due under this Agreement shall remain unpaid after the same has become due (without prejudice to any other right of the parties to this Agreement) Interest shall be paid thereon by the defaulting party to the other party from the date the sum becomes due to the date of actual receipt of the payment by the receiving party at the rate of 2% above the base lending rate of the Bank of England from time to time.
8.11 Obligations entered into by any party which comprises of more than one person shall be deemed to be joint and several.
8.12 No waiver (whether express or implied) by the Council of any breach or default in performing or observing event that any of the covenants terms or conditions provisions of this Agreement are unenforceable this shall constitute a waiver and no such waiver shall prevent not affect the Council from enforcing any of the said terms or conditions or from acting upon any subsequent breach or default.
8.13 If any provision in this Agreement shall be held to be invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions hereof
7.7 Any variation of this Agreement agreed between the Owner and the Council in writing shall not vitiate the remainder of this Agreement which shall remain in full force and effect subject to the amendment or amendments so agreed
7.8 Where any way consent or approval is required under the terms of this Agreement, such consent or approval shall not be deemed thereby to be affected unreasonably withheld or impaired.delayed
8.14 Nothing 7.9 The covenants on the part of the Owner contained in this Agreement shall not be construed as granting planning permission enforceable against individual purchasers of dwelling units forming part of the Development or against statutory undertakers in relation to any other approval consent parts of the Site acquired by them for electricity sub-stations, gas governor stations or permission required from pumping stations
7.10 The parties to this Agreement do not intend that any of its terms will be enforceable by virtue of the Council Contracts (Rights of Third Parties) Act 1999 by any person not a party to it
7.11 The covenants and obligations on the part of the Owner contained in exercise this Agreement shall only be enforceable in respect of any other statutory function.land which is either under the control or within the ownership of the Owner
Appears in 1 contract
Samples: Deed of Agreement
AGREEMENTS AND DECLARATIONS. It The parties agree and declare
3.1. save for clause 7.1.2 and 7.2.2, this Agreement is hereby agreed conditional and declared shall only have effect upon the later of
3.1.1. the date upon which the Planning Permission has been issued subject only to the conditions in the form of the draft annexed or such other conditions notified by the Owner to the Council as follows:being accepted for the purposes of this Agreement; and
8.1 References 3.1.2. the date of Commencement of Development ;
3.2. if the Planning Permission is revoked or otherwise withdrawn or (without the consent of the Owner) is modified by any statutory procedure or expires before the Commencement of Development then the obligations of the Owner under this agreement shall henceforth cease to have effect and the Council and the County Council will, if so requested by the Owner, forthwith repay the monies respectively paid to them (other than the Council’s and the County Council’s legal costs as provided for in clause 7.1.2 and 7.2.2) insofar as they have not been expended in accordance with this Agreement at the date of the Owner’s request;
3.3. no person shall be liable for any party breach of the covenants restrictions or obligations contained in this agreement after he has parted with his interest in the Site or the part of it which is the subject of this Agreement but without prejudice to his liability for any subsisting breach of covenants prior to parting with such interest;
3.4. no owner of an electricity sub-station and / or gas governor site and / or pumping station or other service supply installation and, except for the purposes of paragraphs 4 and 5 of the Schedule, no owner of an interest in any part of the Site who occupies that part as their dwelling, is to be treated as a person deriving title from the Owner for the purposes of Section 106(3) of the Act;
3.5. nothing contained or implied in this Agreement shall include successors in title prejudice or affect the Council’s rights, powers duties and assigns to that party and to any deriving title through or under that party and obligations in the case exercise of its functions as a local authority and the rights, powers, duties and obligations of the Council under all public and Owner the successors to their respective statutory functions; save private statutes bylaws, orders and regulations may be as provided fully and effectually exercised in respect of the successors in title relation to the Site or any successor to the relevant statutory functions of land adjoining or adjacent thereto as if the Council or were not a party to this Agreement;
3.6. this deed is a local land charge and shall be registered as such;
3.7. the County Council parties declare that except as provided for in clauses 3.3 and 3.4 it is not the intention of any of them that the terms of this Agreement shall not can be enforceable enforced by any a third party pursuant to as defined in the Contracts (Rights of Third Parties) Xxx 0000.;
8.2 This Agreement is governed by 3.8. for the purposes of
3.8.1. clauses 5.2 and interpreted in accordance with the Law of England and the parties submit 6 below, reference to “repay to the exclusive jurisdiction Owner” is to be interpreted as to repay to the person who made payment of the Courts relevant contribution and
3.8.2. paragraph 1 of England.
8.3 Any notice or other written communication the Schedule, reference to approval of the Owner is to be served by one party upon any other pursuant interpreted as reference to the terms approval of this Agreement shall be deemed to have been validly served if delivered by hand the person who made payment of the Toucan Crossing Contribution or sent by pre-paid first class or recorded delivery post in each case the nominee of that person, notified in writing to the party relevant council, and is not otherwise to be served at its address herein specified or such other address as may from time include that person’s successors in title to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication the Site nor successors in title to be given by the Council Owner and/or Owner;
3.9. the Council, the County Council shall be deemed valid and effectual if on its face value it is signed on behalf of the Council and/or the County Council by an officer or duly authorised signatory thereof.
8.4 Where any certificate, consent, permission, nomination or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same shall not be unreasonably withheld or delayed and if refused written reasons persons against whom for the refusal shall be provided.
8.5 No person shall be liable for breach of a covenant contained in this Agreement after it shall have parted with all interest in time being the Site or that covenants on the part of the Site in respect Owner are enforceable may agree, by exchange of which such breach occurred but without prejudice correspondence referring to liability for any subsisting breach of covenant prior to parting with such interest.
8.6 This Agreement shall not be enforceable against:
8.6.1 any statutory undertaker or other person who acquires any part of the Site or an interest in it for the purposes of the supply of electricitythis clause, gas, water, drainage, telecommunication services or public transport services;
8.6.2 the relevant highway authority to whom any part of the Site is disposed of for the purposes of adoption of any roads and/or footpaths and or/cycle ways to be constructed on the Site PROVIDED ALWAYS THAT nothing in this Agreement restricts or is intended to restrict the exercise at any time by the Council or the County Council of any of their statutory functions or discretions in relation to any part of the Site or otherwise.
8.7 If the Planning Permission shall expire before the Commencement Date or shall at any time be quashed, revoked, otherwise withdrawn or it is, without the consent of the Owner, modified by any statutory procedure the provisions of this Agreement shall forthwith determine and cease to have effect (insofar only as they have not already been complied with) and any Local Land Charge registered pursuant to clause 8.9 shall be cancelled as soon as reasonably practicable.
8.8 Nothing in this Agreement shall prohibit or limit the right to develop any part of the Site in accordance with that a planning permission (other than the Planning Permission) granted (whether or not on appeal) after for the date development of this Agreement.
8.9 This Agreement shall upon completion be registered the Site in substantially the same manner as authorised by the Council as a Local Land Charge.
8.10 If any sum due under this Agreement shall remain unpaid after Planning Permission will be substituted for the same has become due (without prejudice to any other right of Planning Permission in the parties to this Agreement) Interest shall be paid thereon by the defaulting party to the other party from the date the sum becomes due to the date of actual receipt of the payment by the receiving party at the rate of 2% above the base lending rate of the Bank of England from time to time.
8.11 Obligations entered into by any party which comprises of more than one person shall be deemed to be joint and several.
8.12 No waiver (whether express or implied) by the Council of any breach or default in performing or observing any of the covenants terms or conditions interpretation of this Agreement shall constitute a waiver and no such waiver shall prevent or the Council from enforcing any terms of the said terms or conditions or from acting upon any subsequent breach or default.
8.13 If any provision in this Agreement shall be held applied to be invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions shall not in any way be deemed thereby to be affected or impaired.
8.14 Nothing in this Agreement shall be construed as granting that planning permission or any other approval consent or permission required from as well as to the Council in exercise of any other statutory functionPlanning Permission.
Appears in 1 contract
Samples: Section 106 Agreement
AGREEMENTS AND DECLARATIONS. It is hereby agreed 6.1 The covenants, restrictions and declared as follows:
8.1 References requirements imposed upon the Owners by this Deed create planning obligations pursuant to any party to this Agreement shall include successors in title and assigns to that party and to any deriving title through or under that party and in the case Section 106 of the Council Act and Owner the successors to their respective statutory functions; save are enforceable as provided in respect of the successors in title to the Site or any successor to the relevant statutory functions of the Council or the County Council within this Agreement shall not be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Xxx 0000.
8.2 This Agreement is governed by and interpreted in accordance with the Law of England and the parties submit to the exclusive jurisdiction of the Courts of England.
8.3 Any notice or other written communication to be served by one party upon any other pursuant to the terms of this Agreement shall be deemed to have been validly served if delivered by hand or sent by pre-paid first class or recorded delivery post to the party to be served at its address herein specified or such other address as may from time to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication to be given by the Council Owner and/or the County Council shall be deemed valid and effectual if on its face value it is signed on behalf of the Council and/or the County Council by an officer or duly authorised signatory thereof.
8.4 Where any certificate, consent, permission, nomination or other approval is to be given by any party or any person on behalf of any party hereto under this Agreement the decision of the same shall not be unreasonably withheld or delayed and if refused written reasons for the refusal shall be provided.
8.5 No person shall be liable for breach of a covenant contained in this Agreement after it shall have parted with all interest in the Site or that part of the Site in respect of which such breach occurred but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest.
8.6 This Agreement shall not be enforceable against:
8.6.1 any statutory undertaker or other person who acquires any part of the Site or an interest in it for the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public transport services;
8.6.2 the relevant highway authority to whom any part of the Site is disposed of for the purposes of adoption of any roads and/or footpaths and or/cycle ways to be constructed on the Site PROVIDED ALWAYS THAT nothing in this Agreement restricts or is intended to restrict the exercise at any time by the Council or the County Council of any of their statutory functions or discretions in relation to any part of the Site or otherwise.
8.7 If the Planning Permission shall expire before the Commencement Date or shall at any time be quashed, revoked, otherwise withdrawn or it is, without the consent of the Owner, modified by any statutory procedure the provisions of this Agreement shall forthwith determine and cease to have effect (insofar only as they have not already been complied with) and any Local Land Charge registered pursuant to clause 8.9 shall be cancelled as soon as reasonably practicable.
8.8 Nothing in this Agreement shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Agreement.
8.9 This Agreement shall upon completion be registered Deed by the Council as a Local Land Chargelocal planning authority against the Owners.
8.10 If any sum due under this Agreement shall remain unpaid after the same has become due (without prejudice to any other right of the parties to this Agreement) Interest shall be paid thereon by the defaulting party to the other party from the date the sum becomes due to the date of actual receipt of the payment by the receiving party at the rate of 2% above the base lending rate of the Bank of England from time to time.
8.11 Obligations entered into by any party which comprises of more than one person shall be deemed to be joint and several.
8.12 6.2 No waiver (whether express or implied) by the Council of any breach or default in performing or observing any of the covenants terms or conditions of this Agreement Deed shall constitute a waiver and no such waiver shall of any subsequent breach or default thereof or prevent the Council from enforcing any of the said terms or conditions or from acting upon any such subsequent breach or default.
8.13 6.3 If any provision in this Agreement Deed shall be held to be invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions shall not in any way be deemed thereby to be affected or impaired.
8.14 Nothing 6.4 No person shall be liable for any breach of the covenants conditions or restrictions contained in this Agreement Deed after he shall have parted with all of his interest in the Site or the relevant part of the Site in respect of which such breach occurs (but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest or any breach affecting the Site as a whole when part of the Site is retained)
6.5 This Deed shall cease to have effect if:-
6.5.1 the Planning Permission is quashed revoked or otherwise withdrawn or is revoked or modified without the consent of the Owners, is successfully challenged by a third party; or;
6.5.2 the Planning Permission shall expire prior to the Commencement Date.
6.6 This Deed is a local land charge for the purposes of the Local Land Charges Act 1975 and may be registered as such by the Council.
6.7 It is not intended that any person(s) who but for the provisions of the Contract (Rights of Third Parties) Act 1999 would not acquire any interest hereunder should do so by virtue of such Act.
6.8 the covenants on the part of the Owners shall not be enforceable against:
6.8.1 owners, occupiers or tenants of the Dwellings or their mortgagees and/or those deriving title under them
6.8.2 any statutory undertakers, service companies or other entities to whom any part of the Site may be transferred, let or otherwise disposed of for the provision of service media, electricity substations, pumping stations, gas governor stations or similar matters.
6.8.3 the relevant highway authority to whom any part of the Site is transferred or dedicated for the purposes of adoption of any roads and/or footpaths and/or cycle ways to be constructed on the Site or
6.8.4 any management company to whom any part of the Site is disposed and upon which Xxxxxxxxx will not be constructed save to the extent such provisions relate to the management and maintenance of any Open Space
6.9 Any notice or other communication given or made in accordance with this Deed by the Owners shall be construed in writing and may unless otherwise specifically provided for in this Deed (in addition to any other effective mode of service) be sent by recorded delivery or registered post to the Head of Planning and Development at the address of the Council shown on the first page of this Deed or at such other address as granting may from time to time have been notified to the sender in writing as being the address for service of the relevant Party for the purposes of this Deed
6.10 Nothing prohibits the right of the Owners to use any part of the Site in accordance with a planning permission other than relating to the Development granted after the date of this Deed and whether or any other approval consent or permission required from the Council in exercise of any other statutory functionnot granted after a planning appeal.
Appears in 1 contract
AGREEMENTS AND DECLARATIONS. It is hereby agreed 4.1. The parties agree and declared as followsdeclare that:
8.1 References to any party to 4.1.1. the provisions of this Agreement shall include successors in title and assigns to that party and to any deriving title through or under that party and in the case of the Council and Owner the successors to their respective statutory functions; save as provided in respect of the successors in title to the Site or any successor to the relevant statutory functions of the Council or the County Council this Agreement Deed shall not be enforceable by any third party pursuant to under the Contracts (Rights of Third Parties) Xxx 0000.
8.2 This Agreement 4.1.2. The covenants given in this Deed shall cease to have effect if
4.1.2.1. the Planning Permission is governed by and interpreted in accordance with quashed revoked or otherwise withdrawn at any time; or
4.1.2.2. the Law of England and the parties submit Planning Permission expires prior to the exclusive jurisdiction Commencement of Development; or
4.1.2.3. the Planning Permission is modified by any statutory procedure without the consent of the Courts of England.Owner
8.3 Any notice or other written communication to be served by one party upon any other pursuant to the terms of 4.1.3. this Agreement Deed shall be deemed to have been validly served if delivered registrable as a land charge by hand or sent by pre-paid first class or recorded delivery post to the party to be served at its address herein specified or such other address as may from time to time be notified for this purpose by notice served under this Agreement and any such notice or other written communication to be given by the Council Owner and/or the County Council shall be deemed valid and effectual if on its face value it is signed on behalf of the Council and/or the County Council by an officer or duly authorised signatory thereof.as local planning authority
8.4 Where any certificate, consent, permission, nomination or other approval is to be given by any party or any person on behalf 4.1.4. Following the performance and satisfaction of any party hereto under this Agreement the decision all of the same obligations contained in this Deed the Council and/or County Council shall not be unreasonably withheld at the Owners expense effect the cancellation of all relevant entries made in the Register of Local Land Charges in respect of this Deed
4.1.5. no person or delayed and if refused written reasons for the refusal shall be provided.
8.5 No person party shall be liable for a breach of a covenant the restrictions and obligations contained in this Agreement Deed after it shall have that person or party has parted with all of his interest in the Site or that the part of the Site in respect of which such the breach occurred occurs but without prejudice to any liability for any subsisting breach of covenant committed prior to parting with such interest.parting
8.6 This Agreement shall not be enforceable against:
8.6.1 4.1.6. the Developer agrees to give the Council immediate written notice of any statutory undertaker or other person who acquires any part change in ownership of its interest in the Site or an interest in it for occurring before all the purposes of the supply of electricity, gas, water, drainage, telecommunication services or public transport services;obligations under this Deed have been discharged
8.6.2 the relevant highway authority to whom any part of the Site is disposed of for the purposes of adoption of any roads and/or footpaths and or/cycle ways to be constructed on the Site PROVIDED ALWAYS THAT 4.1.7. nothing in this Agreement restricts or is intended to restrict the exercise at any time by the Council or the County Council of any of their statutory functions or discretions in relation to any part of the Site or otherwise.
8.7 If the Planning Permission shall expire before the Commencement Date or shall at any time be quashed, revoked, otherwise withdrawn or it is, without the consent of the Owner, modified by any statutory procedure the provisions of this Agreement shall forthwith determine and cease to have effect (insofar only as they have not already been complied with) and any Local Land Charge registered pursuant to clause 8.9 shall be cancelled as soon as reasonably practicable.
8.8 Nothing in this Agreement Deed shall prohibit or limit the right to develop any part of the Site in accordance with a planning permission (other than the Planning Permission) granted (whether or not on appeal) after the date of this Agreement.Deed
8.9 This Agreement 4.1.8. nothing contained in this Deed shall upon completion be registered by prejudice or affect the rights powers duties and obligations of the Council and/or County Council in the exercise of its functions as local authority and its rights powers duties and obligations under all public and private statutes byelaws and regulations may be as fully and effectually exercised as if the Council and/or County Council were not a Local Land Charge.
8.10 If any sum due under this Agreement shall remain unpaid after the same has become due (without prejudice to any other right of the parties party to this Agreement) Interest shall be paid thereon by the defaulting party to the other party from the date the sum becomes due to the date of actual receipt of the payment by the receiving party at the rate of 2% above the base lending rate of the Bank of England from time to time.Deed
8.11 Obligations entered into by 4.1.9. if any party which comprises of more than one person shall be deemed to be joint and several.
8.12 No waiver (whether express or implied) by the Council of any breach or default in performing or observing any of the covenants terms or conditions severable provision of this Agreement shall constitute a waiver and no such waiver shall prevent the Council from enforcing any of the said terms or conditions or from acting upon any subsequent breach or default.
8.13 If any provision in this Agreement Deed shall be held to be invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions shall not in any way be deemed thereby to be affected or impaired.
8.14 Nothing 4.1.10. no waiver unless in writing by the Council of any breach or default by the Developer in performing or observing any of the terms and conditions of this Deed shall constitute a continuing waiver and no such waiver shall prevent the Council from enforcing any of the said terms or conditions or from acting upon any subsequent breach
4.1.11. the obligations in this Agreement Deed shall not be construed as granting planning permission enforceable against a statutory undertaker after the transfer of the statutory apparatus and any land upon or in which the statutory apparatus is situated by the Developer to that statutory undertaker nor enforceable against any other highway authority which may be responsible for any public highway maintainable at the public expense
4.1.12. where the agreement approval consent or permission expression of satisfaction is required by the Owner from the Council under the terms of this Deed such agreement approval consent or expression of satisfaction shall not be unreasonably withheld or delayed
4.1.13. any notices requests demands or other written communications pursuant to this Deed shall be deemed to have been properly served if sent by recorded delivery to the principal address or registered office (as appropriate) of the relevant party
4.1.14. if any payment due under this Deed is paid late Interest will be payable from the date payment is due until the date payment is made
4.1.15. any sum referred to in exercise of any other statutory function.this Deed shall be increased by an amount equivalent to the increase in the Index from the date hereof until the date on which such that sum is payable
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Samples: Planning Agreement
