Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ... Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
“Outgoings”“the Parties”“the Peabody Property”“the Peabody SaleAgreement”“PlanningApplication”“the Plans”means any outgoings of annual or periodic naturerecurring nature reasonably and properly paid by theCouncil for which the Council has become liable inrespect of any Third Party Interests or New Rightsacquired by the Council after the date of acquisitionpursuant to the CPO until the date the same is transferredto the Developer or the termination of this Agreement,including, but not limited to, but not limited to insurance,rates, rent, repairs and works to secure any premisesprovided that the Council shall not undertake and repairsor works of improvement without the approval of theDeveloper or in the case of emergency when it is legallyobliged to do someans the parties to this Agreement and their successorsin title and permitted assigns and references to “Party”shall be construed accordinglymeans all that freehold property situate at and known as52a Goldhawk Road, London W12 8DH and registered atthe Land Registry with title absolute under title numberNGL671333means the conditional sale agreement dated 9 th September2011 and made between (1) The Governors of thePeabody Trust and (2) Orion Shepherds Bush (no.3)Limited, under which Orion Shepherds Bush (no.3)Limited agrees to buy the Peabody Property from Peabodysubject first to The Governors of the Peabody Trustobtaining the Section 172 Consent and The Governors ofthe Peabody Trust Peabody being able to provide vacantpossession but otherwise subject to its provisionsmeans the planning application made by or on behalf ofOSB under the 1990 Act to carry out the Development inrelation to the Site and numbered 2011/02930/OUTmeans the plans numbered 1, 2, 3, 4, and 5 respectivelyannexed in Schedule 4 and a reference to a numbered planshall be construed accordingly“thePermission”Planningmeans the planning permission granted on 30 th March2012 or any other planning permission granted pursuant toany planning application or applications submitted by oron behalf of the Developer in accordance with the OptionAgreement to carry out all or any part of the Developmentand as may be subsequently amended or varied oncesubmitted and references to “Planning Application” shallbe construed accordinglyL1.040-CPO-CPOIA.v2.212Page 95
“Prescribed Rate”“President”“Purchase Notice”“the ReferencingAgent”“Referencing Exercise”means the simple rate of interest two (2) per cent perannum above the base rate from time-to-time of BarclaysBank plcmeans the president or such other proper officer for thebeing of The Law Society or the Royal Institution ofChartered Surveyors or other relevant body, as is relevantto the Disputemeans a valid notice served under the provisions ofsection 137 of the 1990 Actmeans the person appointed by the Developer, pursuant toparagraph 1 of Schedule 7, to carry out the ReferencingExercise and the Compensation Assessmentmeans the body of work to be carried out by theReferencing Agent to enable the schedules for the CPO tobe prepared, including its confirmation, including(without limitation):(a) identifying and listing (without limitation) all owners,lessees, tenants, occupiers, mortgagees and any other thirdparty having any interest or rights in, on, over, and underany Third Party Land;(b) preparing any plans that may be necessary;(c) checking whether any land falls within the one of thecategories contained in Part III of the 1981 Act;(d) checking and (if relevant) identifying any buildingswhich are listed, of list quality, subject to a buildingpreservation notice or within a conservation area; and(e) reviewing the body of work and making suggestions“Request”“Section 106Agreement”means a properly made request for information made tothe Council as described in section 8 of the 2000 Actand/or Regulation 5 of the 2004 Regulations (asapplicable) and a reference to “Requested” shall beconstrued accordinglymeans the agreement dated 30 th March 2012 and madebetween (1) The Mayor and Burgesses of the LondonBorough of Hammersmith and Fulham (2) BroadwayHomelessness and Support (3) The Governors of thePeabody Trust (4) Orion Shepherds Bush Limited (5)Orion Shepherds Bush (no.2) Limited (6) OrionL1.040-CPO-CPOIA.v2.213Page 96
- Page 50 and 51: units and sets out a fully committe
- Page 52 and 53: structure for OSBL to acquire a con
- Page 54 and 55: egeneration site. These interests a
- Page 56 and 57: such indemnity agreement to be back
- Page 58 and 59: all interests. Many of the premises
- Page 60 and 61: 4.2 The indemnity agreement (see Ap
- Page 62 and 63: enforce such laws as it deems neces
- Page 64 and 65: ead and taken into account in reach
- Page 66 and 67: Appendix ALONDON BOROUGH OF HAMMERS
- Page 68 and 69: interests by agreement but it is cl
- Page 70 and 71: • Former Spring Grove Laundry sit
- Page 72 and 73: 4.9 There is an identified need in
- Page 74 and 75: 5.7 The Mayor of London has support
- Page 76 and 77: development of small shops, market
- Page 78 and 79: Council.9-20 Shepherds Bush Market.
- Page 80 and 81: Traders’ Association, individual
- Page 82 and 83: 8. Human Rights8.1 The Human Rights
- Page 84 and 85: acceptable relocation arrangements
- Page 86 and 87: AnnexDraft form of Undertaking to b
- Page 88 and 89: Appendix BDated:Between:(1) The May
- Page 90 and 91: This Agreement is made this • day
- Page 92 and 93: 4.2 Nothing in this Agreement or im
- Page 94 and 95: Schedule 1Definitions and Interpret
- Page 96 and 97: or land adjoining the CPO Lands, or
- Page 98 and 99: (d) a receiver or manager is appoin
- Page 102 and 103: Shepherds Bush (no.3) Limited and (
- Page 104 and 105: (h) preparing the map or maps to ac
- Page 106 and 107: 2.16.1 provide to the Party being c
- Page 108 and 109: espect of all or any part of the CP
- Page 110 and 111: Schedule 4The Developer’s Obligat
- Page 112 and 113: 4.4 to consult with the Council in
- Page 114 and 115: Developer shall procure a Surety in
- Page 116 and 117: 1.8 to give the Developer not less
- Page 118 and 119: 2.4.4 appoint Leading Counsel and j
- Page 120 and 121: 5 Appeal5.1 If the Secretary of Sta
- Page 122 and 123: Schedule 6Exit ConsequencesPart A:
- Page 124 and 125: Part D: Where the Developer asserts
- Page 126 and 127: 5.3 It is agreed that:5.3.1 the Exp
- Page 128 and 129: 4.3 No waiver of any provision of t
- Page 130 and 131: 10.3.3 where (and to the extent tha
- Page 132 and 133: acting by:DirectorDirector/Secretar
- Page 134 and 135: Appendix DEquality Impact Analysis
- Page 136 and 137: On conclusion of the construction w
- Page 138 and 139: It is identified that the market pr
- Page 140 and 141: During the construction works, ther
- Page 142 and 143: 1. The developer will maintain acce
- Page 144 and 145: Market. This will protect the avail
- Page 146 and 147: compensated in accordance with the
- Page 148 and 149: women. It would also be likely that
“Prescribed Rate”“President”“Purchase Notice”“the ReferencingAgent”“Referencing Exercise”means the simple rate of interest two (2) per cent perannum above the base rate from time-to-time of BarclaysBank plcmeans the president or such other proper officer for thebeing of The Law Society or the Royal Institution ofChartered Surveyors or other relevant body, as is relevantto the Disputemeans a valid notice served under the provisions ofsection 137 of the 1990 Actmeans the person appointed by the Developer, pursuant toparagraph 1 of Schedule 7, to carry out the ReferencingExercise and the Compensation Assessmentmeans the body of work to be carried out by theReferencing Agent to enable the schedules for the CPO tobe prepared, including its confirmation, including(without limitation):(a) identifying and listing (without limitation) all owners,lessees, tenants, occupiers, mortgagees and any other thirdparty having any interest or rights in, on, over, and underany Third Party Land;(b) preparing any plans that may be necessary;(c) checking whether any land falls within the one of thecategories contained in Part III of the 1981 Act;(d) checking and (if relevant) identifying any buildingswhich are listed, of list quality, subject to a buildingpreservation notice or within a conservation area; and(e) reviewing the body of work and making suggestions“Request”“Section <strong>10</strong>6Agreement”means a properly made request for information made tothe Council as described in section 8 of the 2000 Actand/or Regulation 5 of the 2004 Regulations (asapplicable) and a reference to “Requested” shall beconstrued accordinglymeans the agreement dated 30 th March <strong>2012</strong> and madebetween (1) The Mayor and Burgesses of the LondonBorough of Hammersmith and Fulham (2) BroadwayHomelessness and Support (3) The Governors of thePeabody Trust (4) Orion Shepherds Bush Limited (5)Orion Shepherds Bush (no.2) Limited (6) OrionL1.040-CPO-CPOIA.v2.213Page 96
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