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Agreement Part 8

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 8.


Appendix A

Modal Split Targets - Football Stadium

Scenario: Average Home Gate
By Car: 1,300 spaces @ 3 persons per vehicle
3,900
Drop-off:  
280
By Shuttle Bus: Overall total by shuttle bus
3,151
   
By Other Buses Inc Specials: Say,
200
   
By Coach: Space for 70 coaches
  Assume 55% of spaces utilised
  Assume 75% occupancy
  70 x 0.55 = 38
  38 x (50 x 0.75 = 37.5, say 37
1,406
By Train:  
180
By Other Modes (inc walk, cycle and taxi): Say 1,500 walking, 45 by cycle and 100 by taxi
1,645
   
  TOTAL:
10,762

Normal Game (1,300 spaces) Occupancy          
  Units Journey Frequency 12.30pm - 1.00pm 1.00pm - 2.00pm 2.00pm - 3.00pm
Town Centre 10 10 Mins 2Mins   25%
375
75%
1125
Nuns Corner 6 12 Mins 5 mins   25%
150
75%
450
Cleethorpes 4 15 mins 7.5 mins   25%
100
75%
300
Scartho 4 15 mins 7.5 mins   25%
100
75%
300
Humberstone 5 25 mins 12 mins   25%
63
75%
188
         
Total
788
Total
2363

Scenario:
Sellout Home Gate
     
By Car: 1,300 spaces @ 3.7 persons per vehicle
4,810
Drop Off  
500
By Shuttle Bus Overall total by shuttle bus
5,513
Other buses inc Specials Approx
700
By Coach - 75 Spaces Available @ 100% occupancy
3,750
By Train  
1,250
By Other Modes (inc. walk, cycle and taxi): Say 3,250 walking, 100 by cycle and 150 by taxi
3,500
  Total
20,113

Sell Out Game (1,300 spaces) Occupancy
  Units Journey Frequency 12.30pm - 1.00pm 1.00pm - 2.00pm 2.00pm - 3.00pm
Town Centre 8 10 mins 2 mins 10%
150
75%
1125
90%
1350
Nuns Corner 6 12 mins 5 mins 10%
60
75%
450
90%
540
Cleethorpes 2 15 mins 71/2 mins 10%
40
75%
300
90%
360
Scartho 2 15 mins 71/2 mins 10%
40
75%
300
90%
360
Humberston 2 25 mins 12 mins 10%
25
75%
188
90%
225
         
315
 
2363
 
2835

Monitoring of Transportation Issues

The monitoring section will cover three main themes:

traffic flow
off-site car parking
public transport

Traffic Flow
It is proposed that certain criteria will be set down that will define when action is considered necessary under this heading. Under each point, problems will be recognised as occurring and requiring action if they have been identified on more than an agreed number of occasions over a period of time. Whilst the Developers does not anticipate such events arising, the following monitoring criteria tests are suggested.

Key test criteria:

Queues should not extend back to the slip roads to the A180(T) junction
Queues should not extend back to the B1210 junction
Queues should not extend back to the A1136 at the time of kick-off

Methods for improvement and responsibility:

Primarily, this will focus on enhanced management within the development site. Typically, this might mean more stewards, revised strategy for parking distribution, enhanced signage, better circulation (use of one-way aisles, roadmarkings etc)
Better external highway signage [The Football Club]
Localised highway improvements if minor geometrical defects are detected [The Developer]
A review of the car park utilisation level to ensure it is optimised. This review might extend to alterations in the pricing strategy, if this is required [The Football Club]

Off Site Parking

The primary areas of concern will be the protection of residential amenity and the avoidance of road safety problems.

Key test criteria:

No parking on primary route network
No parking on junctions in hazardous positions
No increase of 5% or more in the level of on street parking identified in the Off-Site Parking Study on the day of any Programmed Football Event unless it can be shown that such increase is not attributable to that Programmed Football Event
Problems arising from increased on street parking (as identified by the Council the Joint Working Party and the Liaison Group) on streets within 2 miles of the Stadium and which are attributable to Programmed Football Events
Assessment of the on-site car park to check that full utilisation is achieved and that parking is not being needlessly displace from within the development.

Methods for Improvement:

Increased road signage [The Developer]
Revised on-street parking regulation orders [The Developer]
Provision of enhanced parking enforcement including vehicle towing [The Football Club]
Liaison with resident groups to ensure adequate regulation of controlled parking zone
Extension of controlled parking zone
Review on-site parking pricing and management policy [The Football Club]

Public Transport

A significant package of bus enhancements is proposed to support the development. However, it is recognised that some variations and refinements will be necessary to reflect customer preferences once the system is in operation.

Key test criteria:

No residual queues of passengers waiting at pick-up points when services stop running at kick-off time
No serious delays for passengers waiting to catch shuttle services prior to matches (30 minutes or more)
No adverse reaction from passengers to waiting times at the end of matches
No residue of supporters remaining within the development when services stop running after games.

Methods for Improvement:

Review the allocation of service destinations to most efficiently serve the customer catchment [The Football Club/Stagecoach]
Initiation of travel working party to examine where enhancements might be required on bus routes to/from the development [The Football Club]
Travel survey of supporter's habits and home destinations to improve efficiency of bus services [The Football Club]
Diversion of existing regular routes to serve the development on match days, cost to be borne by GTFC [The Football Club/Stagecoach]

Joint Working Party

To best meet the objectives of the monitoring task, it is proposed that a joint working party be set up. This will be convened prior to the development opening and sit at regular intervals thereafter to manage the monitoring process. Membership might involve additional parties, as required and identified by core members, but the following will be invited to form the core membership:

NELC
HA
GTFC
Stagecoach Grimsby Cleethorpes
Police
Chiltern
Hackney Carriage Association
Members of the Local Community

SCHEDULE 10
WOAD LANE LINK SPECIFICATION

Wearing Course: 20mm in dense macadam, 6mm aggregate
Base Course: 50mm in dense macadam, 20mm aggregate
Sub-Base: 150mm Type 1 DOT Spec.
To be contained within a "concreted in" curb line

SCHEDULE 11
PART A: THE CONTRIBUTIONS BOND
THE BOND AGREEMENT


Dated this day of 2002

(1) GRIMSBY TOWN FOOTBALL CLUB PLC

(2) CHILTERN INVESTMENT PROPERTIES LTD

(3) SIR RICHARD SUTTON'S SETTLED ESTATES

(4) NORTH EAST LINCOLNSHIRE BOROUGH COUNCIL

(5) [ ] BANK plc


BOND AGREEMENT
relating to obligations pursuant to
an agreement under section 106 of the
Town and Country Planning Act 1990
and dated 2002


BY THIS BOND

(1) GRIMSBY TOWN FOOTBALL CLUB PLC ("the Club") of Blundell Park, Cleethorpes, North East Lincolnshire DN35 7PY
(2) CHILTERN INVESTMENT PROPERTIES LTD ("the Developer") whose registered office is at 2b Lower Dagnall Street St Albans Hertfordshire AL3 4PA
(3) SIR RICHARD SUTTON'S SETTLED ESTATES ("the Estate") whose registered office is at 14 Bolton Street, Piccadilly, London W1J 8BF
(4) [Name of ] BANK plc ("the Bank") of [ ]
are bound to
(5) NORTH EAST LINCOLNSHIRE BOROUGH COUNCIL ("the Council") of the Municipal Offices
Town Hall Square Grimsby North East Lincolnshire DN 31 1HU

to the extent of the Bonded Sum as defined in the Agreement referred to hereinafter. To avoid doubt this Bond is the "Contributions Bond" referred to in the Agreement referred to hereinafter and the maximum bond liability hereunder shall be £120,000 Sealed with our seals this day of 2002

WHEREAS by an Agreement dated the day of 2002 and made between (1) the Club (2) the Developer (3) the Estate and (4) the Council (the "Agreement") the Club the Developer and the Estate contracted with the Council to execute and perform certain obligations therein mentioned in the manner and by the time therein specified and subject to such terms provisions and stipulations as appear in the Agreement
NOW THE CONDITION of the above written bond is such that if the Club the Developer and the Estate or their successors or assigns shall well and truly perform their obligations in the Agreement or if on failure by the Club the Developer and the Estate so to do the Bank shall satisfy and discharge the liability to make the contributions secured by the Agreement up to the amount of the Bonded Sum then the above written bond shall be void but otherwise it shall be and remain in full force and the giving by the Council of any extension of time for the performing of the Agreement or anything therein mentioned or contained and on the part of the Club the Developer and the Estate to be performed or fulfilled or any other forgiveness or forbearance on the part of the Council to the Club the Developer and the Estate or their successors or assigns shall not in any way release the Bank from the Bank's liability under the above written Bond.
PROVIDED ALWAYS that this Bond is executed by the Bank upon the following express conditions which shall be conditions precedent to the right of the Council to recover against the Bank under the above written bond:
Any failure by the Club the Developer and the Estate well and truly to perform their obligations in the Agreement shall not give the Council the right to recover against the Bank unless the Council has notified the Bank of the failure by letter sent by registered post or recorded delivery service giving at least ten working days to the Bank to make the failure good.
This Bond shall be discharged on a date five years from the first Programmed Football Event.




PART B: THE TRANSPORT MITIGATION BOND
THE BOND AGREEMENT


Dated this day of 2002

(1) GRIMSBY TOWN FOOTBALL CLUB PLC

(2) CHILTERN INVESTMENT PROPERTIES LTD

(3) SIR RICHARD SUTTON'S SETTLED ESTATES

(4) NORTH EAST LINCOLNSHIRE BOROUGH COUNCIL

(5) [ ] BANK plc


BOND AGREEMENT
relating to obligations pursuant to
an agreement under section 106 of the
Town and Country Planning Act 1990
and dated 2002


BY THIS BOND

(1) GRIMSBY TOWN FOOTBALL CLUB PLC ("the Club") of Blundell Park, Cleethorpes, North East Lincolnshire DN35 7PY
(2) CHILTERN INVESTMENT PROPERTIES LTD ("the Developer") whose registered office is at 2b Lower Dagnall Street St Albans Hertfordshire AL3 4PA
(3) SIR RICHARD SUTTON'S SETTLED ESTATES ("the Estate") whose registered office is at 14 Bolton Street, Piccadilly, London W1J 8BF
(4) [Name of ] BANK plc ("the Bank") of [ ]
are bound to
(5) NORTH EAST LINCOLNSHIRE BOROUGH COUNCIL ("the Council") of the Municipal Offices Town Hall Square Grimsby North East Lincolnshire DN 31 1HU
to the extent of the Bonded Sum as defined in the Agreement referred to hereinafter. To avoid doubt this Bond is the "Transport Mitigation Bond" referred to in the Agreement referred to hereinafter and the maximum bond liability hereunder shall be £70,000
Sealed with our seals this day of 2002

WHEREAS by an Agreement dated the day of 2002 and made between (1) the Club (2) the Developer (3) the Estate and (4) the Council (the "Agreement") the Club the Developer and the Estate contracted with the Council to execute and perform certain obligations therein mentioned in the manner and by the time therein specified and subject to such terms provisions and stipulations as appear in the Agreement


NOW THE CONDITION of the above written bond is such that if the Club the Developer and the Estate or their successors or assigns shall well and truly perform their obligations in the Agreement or if on failure by the Club the Developer and the Estate so to do the Bank shall satisfy and discharge the liability to make the contributions secured by the Agreement up to the amount of the Bonded Sum then the above written bond shall be void but otherwise it shall be and remain in full force and the giving by the Council of any extension of time for the performing of the Agreement or anything therein mentioned or contained and on the part of the Club the Developer and the Estate to be performed or fulfilled or any other forgiveness or forbearance on the part of the Council to the Club the Developer and the Estate or their successors or assigns shall not in any way release the Bank from the Bank's liability under the above written Bond.

PROVIDED ALWAYS that this Bond is executed by the Bank upon the following express conditions which shall be conditions precedent to the right of the Council to recover against the Bank under the above written bond:
Any failure by the Club the Developer and the Estate well and truly to perform their obligations in the Agreement shall not give the Council the right to recover against the Bank unless the Council has notified the Bank of the failure by letter sent by registered post or recorded delivery service giving at least ten working days to the Bank to make the failure good.

This Bond shall be discharged in relation to the maximum sum of £20,000 for implementing measures identified in the Great Coates Match Day Monitoring Reports, and the Transport Mitigation Sum, on a date five years after the first Programmed Football Event.

IN WITNESS whereof this Deed has been duly executed


PART C: THE OFF-SITE PARKING CONTROLS BOND
THE BOND AGREEMENT


Dated this day of 2002

(1) GRIMSBY TOWN FOOTBALL CLUB PLC

(2) CHILTERN INVESTMENT PROPERTIES LTD

(3) SIR RICHARD SUTTON'S SETTLED ESTATES

(4) NORTH EAST LINCOLNSHIRE BOROUGH COUNCIL

(5) [ ] BANK plc


BOND AGREEMENT
relating to obligations pursuant to
an agreement under section 106 of the
Town and Country Planning Act 1990
and dated 2002

BY THIS BOND

(1) GRIMSBY TOWN FOOTBALL CLUB PLC ("the Club") of Blundell Park, Cleethorpes, North East Lincolnshire DN35 7PY
(2) CHILTERN INVESTMENT PROPERTIES LTD ("the Developer") whose registered office is at 2b Lower Dagnall Street St Albans Hertfordshire AL3 4PA
(3) SIR RICHARD SUTTON'S SETTLED ESTATES ("the Estate") whose registered office is at 14 Bolton Street, Piccadilly, London W1J 8BF
(4) [Name of ] BANK plc ("the Bank") of [ ]
are bound to
(5) NORTH EAST LINCOLNSHIRE BOROUGH COUNCIL ("the Council") of the Municipal Offices Town Hall Square Grimsby North East Lincolnshire DN 31 1HU
to the extent of the Bonded Sum as defined in the Agreement referred to hereinafter. To avoid doubt this Bond is the "Off-Site Parking Controls Bond" referred to in the Agreement referred to hereinafter and the maximum bond liability hereunder shall be £30,000
Sealed with our seals this day of 2002

WHEREAS by an Agreement dated the day of 2002 and made between (1) the Club (2) the Developer (3) the Estate and (4) the Council (the "Agreement") the Club the Developer and the Estate contracted with the Council to execute and perform certain obligations therein mentioned in the manner and by the time therein specified and subject to such terms provisions and stipulations as appear in the Agreement

NOW THE CONDITION of the above written bond is such that if the Club the Developer and the Estate or their successors or assigns shall well and truly perform their obligations in the Agreement or if on failure by the Club the Developer and the Estate so to do the Bank shall satisfy and discharge the liability to make the contributions secured by the Agreement up to the amount of the Bonded Sum then the above written bond shall be void but otherwise it shall be and remain in full force and the giving by the Council of any extension of time for the performing of the Agreement or anything therein mentioned or contained and on the part of the Club the Developer and the Estate to be performed or fulfilled or any other forgiveness or forbearance on the part of the Council to the Club the Developer and the Estate or their successors or assigns shall not in any way release the Bank from the Bank's liability under the above written Bond.

PROVIDED ALWAYS that this Bond is executed by the Bank upon the following express conditions which shall be conditions precedent to the right of the Council to recover against the Bank under the above written bond:
Any failure by the Club the Developer and the Estate well and truly to perform their obligations in the Agreement shall not give the Council the right to recover against the Bank unless the Council has notified the Bank of the failure by letter sent by registered post or recorded delivery service giving at least ten working days to the Bank to make the failure good.

This Bond shall be discharged on a date three months after the first Programmed Football Event.

IN WITNESS whereof this Deed has been duly executed.

End Of Agreement


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