THE SECTION 106 AGREEMENT,.

THE FIRST SCHEDULE, TRANSFER OF OPEN SPACE AREA/S

            1.         GENERAL

The following provisions shall apply to all transfers of On Site Open Space Areas pursuant to this Agreement.

(Sects. 1.1 TO 1.7 are procedural, not copied - below are the covenants that must be observed).

1.8       An indemnity from the transferee to observe and perform the covenants affecting the title to the land as at the date of the Transfer will be included in the Transfer

1.9       The following restrictive covenants will be included in the Transfer for the benefit of the Owners retained land

a)         restriction preventing use for any purpose other than public open space

b)        not to be used för a trade or business

c)         not to be used for residential purposes

d)        to keep land in good repair and condition

e)         not to obstruct public highway

f)         to keep and properly maintain the boundaries in good repair and condition

g)        to properly keep and maintain any landscaping

h)        to keep and maintain the land in a clean and tidy condition

i)          not to cause or permit any nuisance on the land

j)          on any transfer of the land or any part thereof to procure that any transferee shall simultaneously enter into a direct covenant with the owner/developer or the whole or relevant parts of the retained land to observe and perform these covenants

not to erect any buildings or other erections except equipment ancillary to the purpose for which the land is transferred.

Note: Section 1.6 would apply to any such covenant or clause in the Transfer Deed.

The Directors have said they would not consider acquiring the land until the roads have been adopted by the RCC – good, otherwise we might be liable under Sect/1.7 d!