Urban Planning Agreement

The purpose of this Agreement is to establish, complete and agree on the execution of the Modification of the POUM, through the agreement between the Parties regarding the aspects outlined below, with the aim of carrying out the implementation of the urbanisation works and allowing the proper functioning of the sector:

(i) Passage through public roads of private sanitation connections.

(ii) Passage through public roads and green areas of the reclaimed water network.

(iii) Use of reclaimed water for public roads and green areas.

(iv) Maintenance of public spaces by UNPASMES.

(v) Pending compensatory measures.

(vi) Independent processing of the current urbanisation projects.

(vii) Irrigation and lighting of the roundabout on the BV-2249 road.

(viii) Medium voltage lines of private photovoltaic installations.

(ix) Autonomous public sewer system.

Any action, measure or environmental management determination provided for in the modification of the POUM relating to private urban licenses or greenhouses must be taken into account for obtaining each necessary license.

These measures agreed upon by the parties regarding the aforementioned aspects are developed in the following stipulations.

The urbanisation project provides for the implementation of an internal sewer network that discharges water into a self-contained and autonomous purification system within the private area.

Due to the particular configuration of the sector, the sewage system for the plots located in the tertiary area (Key 8d) needs to run underground through a public road until it reaches the industrial plots (Key 7g), from where it rises to reach the treatment plant/biofactory, as described in the attached plans as Annex 2 to this Agreement.

By virtue of this Agreement, the City Council, through the granting of the corresponding concession or easement that will be included in the land readjustment project, will authorise the installation of this private sewage network through the public roads in the manner described in the attached plans as Annex 2, without prejudice to the possible inclusion, if applicable, of the layout of the aforementioned pipelines in any planning or management instruments that may be deemed appropriate for this purpose.

UNPASMES will comply with all legally established requirements related to the treatment of the system and the waters and will strictly follow the determinations regarding environmental management provided for in the modification of the POUM.

The maintenance of the aforementioned sewage network will be the responsibility of UNPASMES and of whoever may acquire ownership of the tertiary plots in the future. The City Council will allow access to these public roads for UNPASMES personnel, and/or those technicians contracted by them, to carry out the corresponding installation, repair and/or maintenance tasks of the private sewage network. For these purposes, UNPASMES must request the corresponding licence from the City Council, except in cases of urgent necessity, being able to access and intervene in the areas of the road where they need to act.

On its part, UNPASMES commits to establishing the corresponding easements over the privately owned industrial properties (Key 7g) that are created with the approval of the land readjustment project in order to reflect the layout of the sewage network through these industrial use properties and that future owners thereof respect their situation, integrity, and maintenance tasks by the owner of the dominant estate. The aforementioned easements will form part of the aforementioned land readjustment project, being registered in the Property Registry upon the registration of this.

These easements will confer a right to UNPASMES (or to the individual or legal entity that at any given time holds the ownership of the tertiary plots benefited by this easement) for the purpose of carrying out the corresponding installation, repair, or maintenance tasks of this sewage network. For these purposes, UNPASMES must request the corresponding license from the Town Hall, except in cases of urgent necessity.

The route of the private recycled water network from the wastewater treatment plant (EDAR) of Gelida is reflected in the plans attached to this Agreement as Annex 3.

As can be seen in the aforementioned plans, this network crosses, underground, roads and public green areas to serve the private plots and the agricultural area of La Talaia.

By virtue of this Agreement, the Town Hall, through the granting of the corresponding concession or easement that will be included in the land readjustment project, will authorise the installation of the recycled water network in the manner provided for in the attached plans as Annex 3 to this Agreement, without prejudice to the possible inclusion, if applicable, of the layout of the aforementioned pipelines in any planning or management instruments that may be deemed appropriate for this purpose. Additionally, the City Council commits to allowing access to these roads and public green areas for the staff of UNPASMES and/or those technicians that it hires for the purpose of carrying out the corresponding installation, repair, or maintenance tasks of this regenerated water network. For these purposes, UNPASMES must request the corresponding license from the City Council, unless it concerns circumstances of urgent necessity.

In accordance with the Modification of the POUM, the irrigation and cleaning of the gardening and public green areas of the sector must come from rainwater or regenerated water from the industrial activity stored in the planned extraction basin in the sector.

As can be seen in the attached plans as Annex 3 to this Agreement, the aforementioned extraction basin will be integrated into private plots, therefore UNPASMES will provide service to the City Council for the irrigation and maintenance of these public areas once the conservation period of the urbanization works referred to in the subsequent fifth clause has elapsed.

The irrigation service for public spaces will be free of charge. UNPASMES will obtain the corresponding authorization from the Catalan Water Agency (“ACA”) that may be applicable and will document quarterly the quality of the water used in the public domain, which must comply with the legally established parameters.

As established in Article 33 of the Modification of the POUM and the fourth final provision of Legislative Decree 1/2010, of 3 August, which approves the consolidated text of the Urban Planning Law of Catalonia, the developer of the Can Juncoses area will be obliged to maintain the works and urbanisation installations executed from the reception of the works by the City Council and during the validity of the Agreement.

The maintenance obligation will cover the areas of the urbanisation project of the Can Juncoses sector. The tasks include cleaning and repairing damage and wear caused by normal use and the passage of time, excluding those caused by vandalism. They are incorporated as Annex 4 the management plans of the urbanisation project of the Can Joncoses sector.

The maintenance of the areas of the BV-2249 road and the extra-sectoral works will be executed and assumed by the competent Public Administration from the reception of the works, without prejudice to the legal guarantees that may be applicable regarding the works carried out.

The Modification of the POUM, in its Articles 91 and 92, establishes the following immediate and short-term compensatory measures:

(i) Immediate compensatory measures within the area, which include the following:

• a. The generation of wildlife attraction points at water points in Can Font and Can Mata, accompanied by the management of the agricultural spaces managed around them, with sufficient dimension to recreate hunting areas, equivalent to the current ones of the booted eagle.

• b. The construction of water points and vegetation around these spaces, and even the release of prey, with the aim of attracting the Bonelli's eagle to these stable and untransformed areas.

The Parties agree that these measures must be implemented and operational prior to the granting by the City Council of the first occupation licence for any building within the scope of the POUM Modification. To this end, the corresponding project detailing these measures must be submitted to the Environmental Monitoring Commission of the City Council so that this body validates the implementation of these compensatory measures, it being understood that they are considered valid and approved if it has not expressed a contrary opinion within one month.

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(ii) Immediate compensatory measures outside the scope:

The POUM Modification provides for agreements for the stewardship and/or acquisition of land in the Serra de l’Ordal, up to an area equivalent to the occupied area (around 25 hectares), which must be managed as scrubland, fallow land or dryland woody crops with the aim of serving as habitat for the Bonelli's eagle.

The Parties agree that the implementation of this measure will be conditional on the commencement of the construction works for the technical greenhouses exceeding 3 hectares (not exceeding 7.5 hectares) and that, in turn, in accordance with the Modification of the POUM, will require the prior implementation and consolidation of the compensatory measures defined in the corresponding Pilot Plan. According to the Modification of the POUM, this Pilot Plan must be approved by the Fauna and Flora Service of the General Subdirectorate of Biodiversity and Natural Environment of the Government of Catalonia. Therefore, until the construction works for these greenhouses begin, it will not be necessary to carry out the compensatory measure indicated in this section (ii).

Once this compensatory measure is implemented, the project documentation will be submitted to the Environmental Monitoring Commission, and it will be this body that validates its implementation, understanding that it considers it valid and approves it if it has not expressed a contrary opinion within one month.

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(iii) Finally, the Modification of the POUM provides for a short-term compensatory measure (within the sector), the recovery of former cultivated areas incorporated into agricultural management that allow for rotational fallows within the agricultural matrix of an area of 10 hectares, avoiding any action close to the Artiga stream in the short term.

The Parties agree that this measure must be implemented and operational prior to the granting by the City Council of the first occupation licence for any building within the scope of the POUM Modification. To this end, the corresponding project must be submitted to the Environmental Monitoring Commission of the City Council so that this body can validate the implementation of these compensatory measures, understanding that it considers them valid and approves them if it has not expressed a contrary opinion within one month.

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All compensatory measures must comply with the determinations of the Strategic Environmental Study regarding the object and timetable. The Environmental Monitoring Commission of the City Council will carry out the control and monitoring of their implementation.

The modification of the POUM includes the execution of intra and extra sectoral urbanisation works, which makes it necessary to approve two separate urbanisation projects: the urbanisation project for the Can Juncoses sector (the “PU of the Can Juncoses Sector”) and the urbanisation project for the extra sectoral works (the “PU of Extra Sectoral Works”). For these purposes, see the attached plans as Annex 1:

Both Parties agree that the processing of both urbanisation projects must be independent, but simultaneous. In this way, once the PU of the Can Juncoses Sector is approved, the urbanisation works contemplated in it may begin, even if the PU of Extra Sectoral Works has not been approved.

Likewise, simultaneously with the development of the works of the PU of the Can Juncoses Sector, the construction works of the private plots may begin through the granting of the legally required guarantees, in any case adhering to the provisions of articles 39, 40 and 41 of Decree 64/2014, of 13 May, which approves the Regulation on the protection of urban legality.

Notwithstanding the above, the City Council will not grant first occupancy licenses related to the buildings carried out on the private plots until it has received the corresponding works for both urbanisation projects.

For technical reasons that, due to their cost, make an alternative solution impossible, the Parties agree that Access B to the sector (roundabout on road BV-2249 described in the attached plans as Annex 5) must use the water and electricity supplies for the irrigation and lighting of the adjacent plot designated for parking.

The irrigation of the aforementioned roundabout is for implementation and will remain active for a maximum period of 5 years from the receipt of the works by the City Council, unless the Parties agree to extend it for a longer period for justified reasons. Maintenance will be carried out in accordance with the provisions of the fifth stipulation.

The private photovoltaic installations that will be installed on non-urbanisable land in accordance with what is provided for in the Modification of the POUM will be connected to the factory via medium voltage lines, as described in the plans attached to this Agreement as Annex 6. These medium voltage lines will run underground through public roads, as described in the plans.

Given their nature, the installation of the lines will require a specific and independent processing.

By virtue of this Agreement, the City Council, through the granting of the corresponding concession or servitude, will authorise the installation of reserve conduits in the public roads in order to avoid further lifting of the pavement, in the manner described in the attached plans as Annex 6.

The City Council undertakes to allow access to these public roads for the personnel of UNPASMES and/or those technicians that it hires for the purpose of carrying out the corresponding installation tasks of the lines once the corresponding licence has been obtained, their repair or maintenance, having to notify UNPASMES of such circumstances to the competent authority at least 30 days in advance, unless it is a case of urgent necessity.

In addition to the private sewage system that will run through the public roads defined in the second stipulation, the City Council will install an autonomous sewage system with the characteristics that will be defined in the executive project of the equipment itself.

The City Council values the implementation of the system at an amount of €13,000, which will be made effective once the urbanisation project of the Can Joncoses industrial estate is definitively approved.

This Agreement will come into force from its formalisation, taking into account the validity of the Modification of the POUM definitively approved by agreement of the Territorial Commission of Urbanism of Penedès on 12 June 2023.

The duration of this Agreement will be as required for the fulfilment of the obligations mutually agreed upon by the Parties, assumed in the terms set out in this Agreement, unless there is a breach of the agreements by one of the Parties. In this case, the other Party may choose to resolve it upon express prior request in this regard or demand its fulfilment.

In the event that UNPASMES transfers the property referred to in this agreement, the acquirer will subrogate all rights and obligations legally provided for and in the Agreement.

UNPASMES will notify the transfer of the property to the City Council within a maximum period of 30 calendar days from its effectiveness.

This document has an administrative nature, with the express submission of the Parties to the contentious administrative jurisdiction.

In accordance with Article 104 of Legislative Decree 1/2010, of 3 August, which approves the consolidated text of the Urban Planning Law, this Agreement must be submitted to public information for a period of one month, being available for consultation during the public information period, with the possibility of obtaining a copy of it, and will form part of the documentation that integrates the Modification of the POUM.

In accordance with Article 26 of Decree 305/2006, of 18 July, which approves the Regulation of the Urban Planning Law, the agreement of its approval will be published, within the month following its approval, in the Official Bulletin of the Government of Catalonia.