Site 6, Oxley Park, Milton Keynes Excerpts from:
Lease for the construction and sale of dwellings upon land at Oxley Park Site 6 Milton Keynes Dated 12th April 2006
Between Commission for the New Towns (Commission) George Wimpey South Midlands Ltd (Developer)
Definitions Development means the erection and completion on the Land of all buildings, erections, structures, Highways, drainage, infrastructure and other works in accordance with the Approved Plans, including site preparation and the demolition of any existing buildings to provide for the erection of the number of Dwellings specified in the Particulars.
Section 12 – Developer’s further covenants The Developer further covenants with the Commission as follows: 12.5
Not to use the Land other than for the Development.
12.11 Not to do anything on the Land which may be or become a nuisance or annoyance or cause damage or inconvenience to the Commission or to the owners or occupiers of any adjoining or neighbouring land or cause or give rise to the significant possibility of significant harm to the health of living organisms and other interference with the ecological systems of which they form part or cause pollution of ground or surface water PROVIDED THAT the Commission hereby confirms for the avoidance of doubt that the proper construction of the Development in accordance with this Lease shall not constitute a breach of this clause.
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Schedule 2 – Developer’s convenants and other provisions relating to the Development 2
Boundary fences (Paragraphs require appropriate boundary fences before undertaking construction activities on the Land)
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Site Access
3.1
Access to the Land for construction traffic and any other vehicles must be via the Site Access and no other roadway and the Developer must ensure that anyone driving to the Land is aware of this.
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Temporary vehicle parking
4.3
The Developer must not part or permit or suffer to be parked construction plant vehicles and private vehicles on highways and highway verges except with the express consent in writing of the Commission.
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Commission’s rights to view etc and remedy breaches
9.2
Within one month of the Commission notifying the Developer of any breach of the Developer’s covenants under this Lease (or sooner if reasonably required to by the Commission) to remedy the same AND if the Developer shall default in doing so it will be lawful for the Commission to enter the Land to remedy any such breach and all proper and reasonable costs and expenses thereby incurred shall be paid by the Developer to the Commission on demand as debt due to the Commission.
14
Protection of highways
14.1
The Developer must
14.2
(a)
not deposit any building or other materials within two metres of any Highway;
(b)
comply with all reasonable instructions of the local highway authority and the police given to any congestion of, or hazard to, traffic and in any event arrange for the delivery and removal of all materials to and from the Land with as little inconvenience to pedestrians and traffic as possible;
(c)
at all times to protect all Highways against damage by vehicles employed in connection with the Development and forthwith make good any such damage at the expense of the Developer in the event that the perpetuator of such damage does not maintain or repair the same;
(d)
at all times keep all Highways free from mud, dirt, debris and other deleterious matter to the satisfaction of the Commission and ensure that all vehicles leaving the Land are clean and properly loaded;
(e)
to provide in any contract for the carrying out of the Development or any part or parts thereof a provision requiring the contractor under such contract to comply with the terms of paragraphs 14.1 (a) (b) (c) and (d).
If the Developer fails to carry out any work necessary for compliance with the provisions of this paragraph 14 within 10 Working Days of having received 2
written notification of such default the Commission may undertake the same and the Developer must forthwith on demand repay to the Commission the proper cost of so doing which cost shall be recoverable by the Commission from the Developer as a liquidated debt. 15
Maintenance of Highways The Developer must maintain all Highways constructed by the Developer until adoption by the highway authority or transferred to the Management Company.
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Maintenance until completion
19.1
Until completion of the Development, the Developer must keep and maintain the Land and all parts of the Developer in a neat and tidy condition so far as may be reasonable and prevent so far as may be reasonably practicable any matters or things which may be unnecessarily unsightly or offensive visually or otherwise.
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Wheel Wash The Developer shall provide a wheel wash facility from the date hereof until completion of the Development for all construction traffic on exit from the Land and shall procure that all contractors are aware of and comply with the requirement to use such facility each time they exit the Land.
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