Precedent s 38 agreement
Precedent s 38 agreement

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Precedent s 38 agreement
  • Parties
  • Schedule 1The Works
  • Schedule 2Terms and conditions of carrying out the Works

DATE [date]

Parties

  1. 1

    [insert name] of [insert address] (the ‘Council’)

  1. 2

    [insert name] of [insert address] [incorporated in England and Wales with company registration number [insert number]] (the ‘Developer’)

  1. 3

    [[insert name] of [insert address] [incorporated in England and Wales with company registration number [insert number]] (the ‘Mortgagee’)]

  1. 1

    Definitions

  2. 1980 Act

    1. the Highways Act 1980;

    1990 Act

    1. the Town and Country Planning Act 1990;

    1991 Act

    1. the New Roads and Street Works Act 1991;

    [Bond

    1. a bond substantially in the form at Schedule 1 from a bank or other institution first approved in writing by the Council to secure the obligations to carry out and complete the Works;]

    [Charge

    1. the charge appearing at entry [insert entry number] on the charges register of title number [title number] at [insert date of official copy entries];]

    Commencement

    1. the earliest date upon which the Works are commenced and the term ‘Commence’ shall be construed accordingly;

    Completion Certificate

    1. the certificate issued by the Proper Officer under Clause [insert number];

    Development

    1. the development of the Land pursuant to the Permission;

    Drawing

    1. the drawing at Schedule 1 numbered [insert number] and signed by or on behalf of the parties to this Agreement and any