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

1.1       The transfer shall be in accordance with the Law Society's Standard Conditions of Sale (4^th Edition) "Standard Conditions" in so far as they are not inconsistent with the terms of this Agreement

1.2       Standard Conditions 2. l , 2.2, 2.3, 4.3, 4.4.2, 5.1 . l, 5.1.2, 52 and 6. I shall not apply to the transfer

1.3       The Transferor granting all reasonable easements and rights to allow the development and use of the land for the purposes specified in this Agreement.

The Transferor making such reservations of rights as are reasonable in favour of the remainder of the development including but not limited to the right to lay new services and build even if the passage of light and air to the land transferred is affected.

1.5       The inclusion of a nuisance clause providing that the shall not suffer or permit to be done any act or thing which may be or become a nuisance to the owners or occupiers of the remainder of the Development.

1.6       No unduly restrictive or burdensome covenant or clause being Imposed upon the transferee in addition to the provisions contained in this Schedule

1.7       The land will be transferred subject to:

a)         all local land charges, whether or not registered before the date of this agreement, and all matters capable of registration as local land charges whether or not actually registered;

b)         all notices served and orders, demands, proposals or requirements made by any local or any public authority after the date of this agreement;

c)         all actual or proposed orders, directions, notices, charges, restrictions, conditions, agreements and other matters arising under any statute affecting the Development;

d)         all rights of way, drainage, watercourses., light or other easements, or quasi or reputed easements, and rights of adjoining owners affecting the Development, and all liability to repair or covenants to repair roads, pavements, paths, ways, passages, sewers, drains, gutters, fences, and other like matters, without obligation on the vendor to provide evidence of the creation of or to define or apportion any such liability; and any interests overriding the title to the land

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!