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BROADLAND DISTRICT COUNCIL l and

GRAYS OF LIMITED

AGREEMENT I Relatingto:- ResidentialDevelopment StationRoad Reedham

t_ Steele& Co 2The NorwichBusiness Park I Whiting Road L_ NorwichNR46DJ

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I I THIS AGREEMENT datedlt 9pte",tocr2000is made BETWEEN DISTRICT COUNCIL of Thorpe Lodge I Yarmouth Road Thorpe St Andrew Norwich ("the Council") (1) and GRAY'S OF NORWICH LIMITED ("Gray's") a company registeredin with number 3398766 of Unit 1, Beech Avenue, ,Norwich, Norfolk, NR8 6HW (2)

WHEREAS:- 1. The obligations imposed by this agreementare planning obligations pursuantto section106 of the Town and Country PlanningAct 1990("the 1990Act") 2. The Council is the local planning authority by whom theseobligations are enforceable 3. Grays is the registeredproprietor with absolutetitle of freehold land ("the Land") at Station Road ReedhamNorfolk as the sameis registeredat HM Land Registry under Title Number NK 229006 and shown for the purpose of identification only edgedred upon the plan annexed("the Plan") 4. The Council has grantedoutline planning consentunder reference 96.0212 for residential developmenton the land. 5. The Council has grantedplanning consentunder reference99.0004 in respectof somematters reserved for subsequentapproval by the previously recited outline planning consent. 6. The Parties hereto have agreedto enter into this agreementin pursuanceof Condition 13 of the previously recited outline planning consentand the Council's Planning Policy Note Number 4.

NOW THIS DEED is madepursuant to s106of the 1990Act and is a planning obligation for the purposesof that section enforceableby the Council and WITNESSES as follows:- 1. The commencementof the Developmentby the carrying out of a material operation as defined by section 56 of the 1990 Act (but not including any operation relating to the demolition of any existing buildings or clearanceof the Land) ("the CommencementDate") 2. Gray's hereby agreesdeclares and covenantsfor itself and its successorsin title with the Council to carry out the obligations and responsibilities specified in the First schedule

\\Steelepdc\data\PublicSector\RuddockM\RAM\RAM.docs\Grays Reedham.doc a J. The Council hereby agreesdeclares and covenantswith Gray's to carry out the obligationsand responsibilitiesspecified in the SecondSchedule. 4. The expression"Grays" and "the Council" shall include their respectivesuccessors in title and assignsand where appropriatethe plural shall include the singular and vice versa 5. No person should be liable for any breach of the covenantsrestrictions or obligations containedin this agreementoccurring after he has parted with his interest in the Land or the part of the Land in respectof which the breach occurs Provided that the reservationof any rights or the inclusion of any covenantsor restrictions over the Land in any transfer shall not constitute an interest for the purposesof this clause 6. This agreementis a local land chargeand shall be registeredas such

The First Schedule Obligations 0f Grays

1. On the occupation of the fifteenth dwelling constructedon the land to pay to the Council a sum calculatedin accordancewith the provisions of this Schedule forthwith. 2. In respectof each child bed spaceprovided in each of the fifteen dwellings the sum payable shall be the product of Two hundred and eighty five pounds ninety pence (f285.90) and a percentageequivalent to the percentageincrease or reduction (if any) shown by the All Items Price Index maintained and published by the Department for National Statisticsor such method of calculating inflation in retail prices as may replace such index since the l't day of April 1999 to the last date immediately preceding such payment on which that Index is published. 3. In each dwelling any bedroom in excessof the first bedroom shall be deemedto provide a child bed spaceso that the number of child bed spacesin that dwelling shall be the number of bedroomsless one. 4. On completion of the final dwelling constructedon the land which shall be deemed to occur upon handover of the dwelling to Grays by the contractor who constructs the dwelling to pay to the Council a sum calculatedin accordancewith the provisions of Clauses2,3 and4 of this schedulein respectof the properties for which a payment has not been made in respectof play equipment.

\\St€elepdc\data\PublicSector\RuddockM\RAM\RAM.docs\Grays Reedham.doc ., The SecondSchedule Obligations of the Council

I. To use the monies paid to it by Grays only for the purpose of providing or enhancing the provision of play facilities/recreationalprovision including the provision or enhancementof equipment on a play areain Reedham.

2. Any of the monies not used for that purposeby the expiry of the fifth year from the date of the payment by Gray's shall then be retumed to Gray's with interest within two months of the expiry of that period of five years.

J. lnterest on the money to be returned to Gray's shall be calculated at a rate equivalent to the Basic Rate of Barclays Bank plc from time to time and compoundedwith annual rests in respectof the period of five years from the date of that payment by Gray's only.

IN WITNESS whereof Gray's has executedand delivered this document as a Deed and the Council has hereunto affixed its common sealthe dav and year first before written

Executed as a Deed on of GRAYS by frttrt?,r-" A"GrCtt, Dr(E-:6rC in thepresence of:-

\{,,* 5\6\Ab€. \\il- \+16a.a D€qyTer-\ = THE COMMON SEAL of BROADLAND '/^. :) DISTRICT COUNCIL washereunto 9tbu affixed in the presenceof:-

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