PE196

This Agreement is made the 6th September One Thousand Nine Hundred and Eighty Eight ????????????????? BETWEEN Redland Aggregates Ltd., (hereinafter called ‘the Owner’ which expression where the context so admits shall include successors in the title) of the one part and Huntingdonshire District Council in the County of Cambridgeshire (hereinafter called Council) of the other part.

1. the Owner . is the estate owner in fee simple of the piece or parcel of land (hereinafter referred to as ‘the land’) described in the Schedule hereto.

2. the Owner and the Council have mutually agreed that. the land shall be managed as a nature reserve (which expression wherever used in this agreement shall have the meaning assigned to it by Section 15 of the National Parks and Access to the Countryside Act, 1949) and for securing that the land shall be so managed the Owner and the Council pursuant to the provisions of Section 21 of the before— mentioned Act have agreed to enter into these presents.
NOW it is hereby agreed and declared by and between the Owner and the Council as follows :-
1. AS from the date hereof the land shall be managed by the Council and their agents in such manner and upon the terms hereinafter contained.
2. THE Owner HEREBY GRANTS unto the Council and all members of their staff and their agents licensees and persons carrying out work on their behalf in respect of the land the following rights and liberties.
(a) To ENTER upon any part of the land with all necessary and reasonable apparatus and equipment.
(b) SUBJECT to prior consultation and agreement with the Owner, and the Nature Conservancy Council under the terms of the Wildlife and Countryside Act, 1981 as (amended).

(1) TO ERECT nesting boxes, observation posts, public hides and all other necessary and reasonable experimental and research installations upon any part of the land with liberty to remove the same upon determination of this Agreement.
(ii) TO ERECT fences, ditches or other means of enclosure upon any part of the land for purposes of scientific study or experiment or nature conservation with liberty to remove the same upon determination of this Agreement.
(iii) TAKE, SEVER, EXCAVATE AND CARRY AWAY such specimens of herbs, twigs, from wild shrubs or such small samples of soil, mineral or rock as may be reasonably required for the purpose of scientific study and not for any other purpose.
(iv) TO CAPTURE and take away such wild animals, birds or insects as may be reasonably required for the purpose of scientific study and not for any other purpose.
(v) TO PLANT any harmless small plant or shrub on the land and to plant any harmless shrub or tree or hedge removing the same if required by the Owner upon determination of this Agreement.
(vi) TO PLACE any harmless animal, bird or insect in reasonable quantity upon any part of the land and to remove the same upon determination of this Agreement.
(vii) TO SHORTEN certain parts of the turf where the same has been left ungrazed or unmown.
(viii)TO ERECT at points to be agreed with the Owner notice boards indicating the extent of the land, its environmental value and the interest of the Council therein.
(ix) TO REMOVE scrub or grassland in such quantities and at such points as may be reasonable, or for scientific purposes.
(x) TO COPPICE OR TRIM any tree or hedge.
(xi) TO REGULARISE public access, by creating a nature trail over a suitable route, and restrict unauthorised public access in other parts of the land.

(xii) TO SEEK agreements with fishing interests and other recreational users of the area to ensure that their activities are not contrary to the conservation objectives of this agreement.
THE Council HEREBY COVENANTS with the Owner as follows:
(a) NOT TO COMMIT or permit any waste on the land.
(b) TO KEEP the Owner indemnified against all actions, claims and demands brought against the Owner arising out of this contract, and by reason of anything done, omitted or suffered by the Council, or their agents, or their licencees, invitees or persons carrying out work on their behalf, in exercise or purported exercise of the rights and liberties hereby granted.
(c) TO REMOVE at its own expense all its apparatus erections, structures and installations at the determination of this Agreement and to restore and make good all damage done thereby.
(d) TO MAINTAIN the visitors centre in good repair and be responsible for the day-to-day running and staffing.
(«) TO MEET ANNUALLY with the Owner and the Nature Conservancy Council and TO PREPARE AND MAINTAIN a management plan, in consultation with the Owner, and the Nature Conservancy Council, to set out the conservation and recreation objectives for the nature reserve, and to take account of any new circumstances which may have arisen.
THE Owner HEREBY COVENANTS with the Council to the
intent that (so far as practicable) such covenants shall bind the land .as follows:-
(a) that the Council observing the covenants and conditions herein contained MAY PEACEABLY HOLD AND ENJOY the said rights and liberties during the continuance of this Agreement without any interruption on the part of the Owner or any person lawfully claiming through under or in trust for the Owner.
(b) to construct a visitors centre by the 31st December, 1988, in accordance with planning consent (H1963.87F drawing PA/1) and TO MAKE

available the visitors centre to the Council for their use as part of the Local Nature Reserve.
(c) that without prejudice to the generality of the foregoing subclause the Owner SHALL NOT without the prior consent of the Council and the Nature Conservancy Council do or cause or allow to be done any of the specified operations likely to damage the special scientific interest of any part of the land or water.

5. THIS AGREEMENT shall expire on the 8 September 2087 but if before that date the Council after consultation with the Owner and after full investigation shall decide that the land has become unsuitable for continued use as a nature reserve the Council shall be at liberty to determine this Agreement upon giving not less than twelve months notice to the Owner.
6.___IN the event of any breach or non-observance of any of the obligations, stipulations or agreements on the part of the Owner herein contained the Council shall be at liberty (but without prejudice to their other remedies) to serve upon the Owner notice in writing determining this Agreement forthwith PROVIDED that in the case of any breach or non-observance which is capable of remedy the Council shall not serve any such notice of determination unless and until they shall have first served upon the Owner a notice requiring the same to be remedied and the Owner shall have failed to remedy the same within a reasonable time.
7. IN the event of a breach or non-observance of any of the obligations, stipulations or agreements on the part of the Council herein contained the Owner shall be at liberty (but without prejudice to any other remedies) to serve upon the Council notice in writing determining this Agreement forthwith PROVIDED that in the case of any breach or non-observance which is capable of remedy the Owner shall not serve notice of determination hereunder unless and until the Owner shall first have served upon, the Council a notice requiring the same to be remedied and the Council shall have failed to remedy the same within a reasonable time.
8. NO compensation shall be payable by either party to the other by reason of the exercise of any power to determine this Agreement.

9. ANY dispute between the Owner and the Council in relation to or arising out of this Agreement or any of the terms hereof (other than a dispute to which the provisions of Section 18 of the National Parks and Access to the Countryside Act, 1949 apply) shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act, 1950 or any statutory modifications or re-enactment thereof for the time being in force.
10. THE Council HEREBY COVENANTS with the Owner that they will manage the land as a nature reserve in the manner hereinbefore stated without expense to the Owner in any way whatsoever and that the Council will submit to the Owner for their consideration an annual management report and (unless the Owner shall otherwise require) will include an acknowledgement of The Owner's ownership of the land and the grant to the Council of the rights and liberties herein contained in all notices, signs publicity advertisements and other literature relating to the nature reserve in such form as the Owner shall approve such approval not to be unreasonably withheld.
THE SCHEDULE above referred to
ALL THAT piece or parcel of land in the parish of Little Paxton in the County of Cambridgeshire comprising 67 acres or thereabouts situate at and known as Little Paxton Pits as the same is for the purpose of identification edged pink on the plan annexed hereto.
EXCEPTING AND RESERVING nevertheless unto the Owner as follows: namely: (a) all mineral rights; (b) all existing rights of way over all road ways, path and tracks on the land; (c) all shooting rights; (d) all fishing rights.

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