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 ...
Part D: Where the Developer asserts that Council is in material breach of itsobligations under this Agreement and the Council either gives notice accepting thatassertion or the Developer has referred the question to the Expert and the Expert hasdetermined that question in favour of the Developer1 The Council shall not be required to, nor shall, take any further action in relation tothe pursuance or implementation of the CPO and shall take all reasonable stepsavailable to minimise and mitigate the Developer’s liability under this Agreement.2 The Developer’s obligations under this Agreement shall cease.3 The Council shall (where called upon to do so) pay to the Developer the amountwhich represents:3.1.1 The CPO Costs (subject to Part D paragraph 4) paid by the Developer to theCouncil under this Agreement; and3.1.2 Any and all costs which the Developer incurred in pursuing the Developmentand/or paid under the Land Agreements and/or incurred in acquiring CPO Landand/or Interests, including the costs of acquisition, as well as SDLT, or which aredirectly related to supporting the Council in relation to the CPO either prior to or afterthe date of this Agreement. The sum that the Council is to pay for the transfer of landshall be the higher of market value and the price the Developer paid.3.1.3 In addition to the above sums the Council will pay to the Developer the sumwhich will secure the Developer a return on costs of ten (10) per cent. after takingaccount of any amount by which the Market Value of any land acquired by theDeveloper exceeds the price paid for it.4 If the Council has title to any CPO Land and/or CPO Interests in respect of which theDeveloper has paid the acquisition costs the Council shall (if called upon to do so) thetransfer that interest to the Developer or as it directs for the sum of £1.5 Alternative to Part D paragraph 4, if it so chooses, the Developer may (on behalf ofitself and any other third party to whom CPO Interests have been transferred to orheld by (if such third party agrees for the Developer to make such request) call uponthe Council to acquire such CPO Interests from the Developer and/or such third partyfor the higher of the then market value and the purchase price of such interests.6 Completion by the Council of any acquisitions to be made by it under Part Dparagraph 5 shall take place the later of twenty (20) Working Days after the serviceany notice served under Part D paragraph 5 and ten (10) Working Days after (wherethere is a Dispute over the price to be paid) the purchase price to be paid isDetermined.L1.040-CPO-CPOIA.v2.236Page 119
Schedule 7Dispute ResolutionEach relevant Party shall comply with their respective obligations in this Schedule1 ConsultationIf any Dispute arises then those Parties involved in the Dispute will consult in goodfaith in an attempt to resolve the same.2 DisputesAny Dispute shall be referred to the Expert.3 Appointment of Expert3.1 If a Dispute arises then the Expert shall, unless the Dispute is settled, be appointed byagreement between the Disputing Parties. If agreement on the identity or the expertiserequired of the Expert cannot be reached within ten (10) Working Days of agreementbeing sought, then either Disputing Party may apply to the President for him tonominate an Expert.3.2 If an Expert at any time shall die or become incapable of acting or decline to act thenany Disputing Party may apply to the President to discharge the Expert and appointanother Expert.4 CostsThe fees and expenses of the Expert including the cost of his appointment shall unlessawarded otherwise be borne equally by the Disputing Parties who shall bear their owncosts provided that if one Party shall pay more than its due share it may recoup thebalance from the other Disputing Party as a liquidated debt.5 Procedure5.1 After his appointment the Expert shall afford the Disputing Parties an opportunitywithin a reasonable period to make written representations to him and also anopportunity to make counter-representations on any representations made to him byhim by the other Disputing Party but will not be fettered or in any way limited bysuch representations and will be entitled to rely on his own judgment and opinion.5.2 If the Expert or any Disputing Party considers it appropriate to do so they may requesta formal hearing take place and if that occurs then the Expert may issue directions asto how such a hearing may take place.L1.040-CPO-CPOIA.v2.237Page 120
- 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 100 and 101: “Outgoings”“the Parties”“
- 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 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
- Page 150 and 151: Page 145Issue identifiedDisruption
- Page 152 and 153: Agenda Item 9London Borough of Hamm
- Page 154 and 155: 1. BACKGROUND1.1. The flooding scru
- Page 156 and 157: 7. COMMENTS OF THE EXECUTIVE DIRECT
- Page 158 and 159: Appendix 1Hammersmith & Fulham Coun
- Page 160 and 161: undertake which has an emphasis on
- Page 162 and 163: Suggested Executive Decision: APPRO
- Page 164 and 165: ContentsForeword………………
- Page 166 and 167: Members of the Task GroupCouncillor
- Page 168 and 169: The Task Group has put forward 20 r
- Page 170 and 171: Recommendation Six: Rainwater Reten
- Page 172 and 173: It is likely that external resource
Schedule 7Dispute ResolutionEach relevant Party shall comply with their respective obligations in this Schedule1 ConsultationIf any Dispute arises then those Parties involved in the Dispute will consult in goodfaith in an attempt to resolve the same.2 DisputesAny Dispute shall be referred to the Expert.3 Appointment of Expert3.1 If a Dispute arises then the Expert shall, unless the Dispute is settled, be appointed byagreement between the Disputing Parties. If agreement on the identity or the expertiserequired of the Expert cannot be reached within ten (<strong>10</strong>) Working Days of agreementbeing sought, then either Disputing Party may apply to the President for him tonominate an Expert.3.2 If an Expert at any time shall die or become incapable of acting or decline to act thenany Disputing Party may apply to the President to discharge the Expert and appointanother Expert.4 CostsThe fees and expenses of the Expert including the cost of his appointment shall unlessawarded otherwise be borne equally by the Disputing Parties who shall bear their owncosts provided that if one Party shall pay more than its due share it may recoup thebalance from the other Disputing Party as a liquidated debt.5 Procedure5.1 After his appointment the Expert shall afford the Disputing Parties an opportunitywithin a reasonable period to make written representations to him and also anopportunity to make counter-representations on any representations made to him byhim by the other Disputing Party but will not be fettered or in any way limited bysuch representations and will be entitled to rely on his own judgment and opinion.5.2 If the Expert or any Disputing Party considers it appropriate to do so they may requesta formal hearing take place and if that occurs then the Expert may issue directions asto how such a hearing may take place.L1.040-CPO-CPOIA.v2.237Page 120
Change language