ALDINGBOURNE PARISH COUNCIL
– to –
TRUSTEES of ALDINGBOURNE
SPORTS and RECREATIONAL
CENTRE
(UNCONTROLLED ONLINE COPY)
(MAY CONTAIN OCR/TRANSLATION ERRORS)
Lease
– of –
a Recreational Ground at Westergate
in the Parish of Aldingbourne
in the County of West
Sussex
The Lease and TRUST DEED made on the
Twenty-First day of May One Thousand Nine Hundred and Seventy-Nine BETWEEN the Parish Council of Aldingbourne in the County of West Sussex (hereinafter called the Parish Council) of the one part and HERBERT GORDON HALE COLLINS of Hazledene Nyton Road Aldingbourne Near Chichester in the said County of West Sussex and MURIEL ELIZABETH WHITEHOUSE of 25 Meadow Way Westergate in the County of West Sussex (hereinafter called the Lessees which expression shall where the context so admits include their successors title) of the other part
W H E R E A S the Parish Council is the owner in the fee simple of the land situate at Westergate in the Parish of Aldingbourne aforesaid shown and edged with green on the plan annexed hereto and is empowered to lease the said land for the purposes of recreation ground under the provisions of section 127 of the Local Government Act 1972
NOW THIS DEED WITNESSETH as follows :-
3. THE Lessees hereby covenant with the Parish Council as follows :-
(a) To pay the rent hereby reserved in manner aforesaid without any deduction
(b) To pay all existing and future rates taxes assessments and outgoings both of capital and of a recurring nature payable by law in respect of the demised premises either by the owner or the occupier thereof
(c) To maintain the land hereby demised in good condition and to keep all buildings and other structures thereon or during the said term erected thereon in good and substantial repair and condition without any alteration except such as shall be previously sanctioned in writing by the Parish Council and the keep the roads car parks and drains and the gates walls fences and hedges (if any) and other means of enclosure to the said land in good repair and condition and to yield up the whole of the demised premises in such good repair and condition at the determination of the term hereby granted
(d) Not to erect any building or buildings upon the demised land without the consent in writing of the Parish Council first obtained and also at the expiration of the term hereby granted to remove any building so erected if the Parish Council shall so require and to make good any damage caused by such removal
(e) To obtain all necessary consents and approvals under the Town and County Planning Acts and any Orders or regulations thereunder and the building regulations prior to the erection of any building or buildings on the demised land or in connection with the user of the demised premises or any buildings thereon
(f) To keep insured at all times throughout the term hereby granted in the joint names of the Parish Council and the Lessees all buildings now or hereafter on the demised land from loss or damage by fire and such other risks as the Parish Council shall deem desirable in some Insurance Office to repute to the full replacement value for the time being of the said buildings and to make all payments necessary for the above purposes within seven days after the same shall become due and to produce to the Parish Council on demand the policy of such insurance and the receipt for each such payment and to cause all moneys received by virtue of any such insurance to be forthwith laid out in rebuilding and reinstating the said buildings provided always that if the Lessees shall at any time fail to keep the said buildings insured as aforesaid the Parish Council may do all things necessary to effect or maintain such insurance and any moneys expended by it for that purpose shall be repayable by the Lessees on demand and be recovered forthwith
(g) Not to assign the demised property except to a new trustee or new trustees for the purposes set out in the said Schedule hereto and not to underlet the same nor to part with possession either of the whole or any part thereof
(h) To contribute a fair proportion towards the expense of repairing and maintaining the access way and the parking areas within the said land edged blue on the plan and also any services used and enjoyed by the demised premises in common with other property
4. THE Parish Council hereby covenants with the Lessees that the Lessees paying the rent hereby reserved and performing and observing the several covenants on the Lessees part herein contained shall peaceably hold and enjoy the demised premises during the said term hereby granted without any interruption by the Parish Council or any person or persons rightfully claiming under or in trust for it
5. PROVIDED always and it is hereby agreed and declared that if the rent hereby reserved or any part thereof shall be unpaid for twenty-one days after becoming payable (whether formally demanded or not) or if any covenant on the Lessees part herein contained shall not be performed or observed then and in either of the said cases it shall be lawful for the Parish Council at any time thereafter to re-enter upon the demised property or any part thereof in the name of the whole and thereupon this demise shall absolutely determine without prejudice to the right of action of the Parish Council in respect of any breach of the Lessees covenants herein contained
6. THE Lessees shall pay the legal costs of the Parish Council of and incidental to the preparation and granting of this Lease including the stamp duty on the Counterpart as well as the Lease
IN WITNESS whereof two members of the Parish Council pursuant to a resolution of the Parish Council passed on the day of on Thousand Nine Hundred and Seventy-Nine and the Lessees the parties hereto have hereunto set their hands and seals the day and year first before written
THE SCHEDULE above referred to
FIRST PART – TRUSTS
1. THE Lessees shall apply as soon as possible to the Charity Commissioners through the Secretary of State for Education and Science for an Order of the Charity Commissioners for England and Wales vesting the trust property hereby demised in the Official Custodian for Charities and upon such Order being made the Lessees shall cease to be the Trustees of the Trust Property and the Charity shall thereafter be administered and managed by the members for the time being of the Committee of Management hereinafter mentioned as the Trustees thereof
2. THE Property hereby demised (herein called “the Trust Property”) shall be held upon trust for a Sports and Recreational Centre for the Benefit of the inhabitants as a whole of the Parish of Aldingbourne in the County of West Sussex in such manner as the Committee of Management shall from time to time think fit
3. THE general management and control of the Trust Property and the arrangements for its use shall be vested in the said Committee of Management (hereinafter called “the Committee”) which shall arrange for the Lessees to be provided with sufficient funds to meet all such expenditure in connection with the Trust Property as the Lessees may be liable for an which shall be constituted as follows :-
(a) nine elected members of the Committee of whom two shall be young persons under eighteen years of age shall be elected at the Annual General Meeting to be held as in this Deed provided for a term of office commencing at the end of the Annual General Meeting at which they are elected and expiring at the end of the Annual General Meeting in the following year
(b) seventeen representative members of the Committee shall be appointed by such appointing organizations as are set out in the Second part of this Schedule being one member for each appointing organization and their names shall be notified by each appointing organization to the Secretary of the Committee They shall except in the case of such members appointed to fill casual vacancies be appointed before the Annual General Meeting in any year for a term of office commencing at the end of the Annual General Meeting in the following year
(c) the committee shall have power to co-opt not more than to members to hold office until the end of the Annual General Meeting in the following year
(d) Any competent member of the Committee may be reappointed or re-elected
4. THE Committee at their first meeting in each year after the Annual General Meeting shall elect one of their number to be a Chairman of their meetings and may elect one of their number to be a Vice-Chairman. The Chairman and Vice-Chairman shall continue in office until their successors are respectively elected. If the Chairman is absent from any meeting the Vice-Chairman (if any) shall preside otherwise the Members present shall before any other business is transacted choose one of their number to preside at that meeting
5. THERE shall be an Annual General Meeting to be convened by the Committee on the month of April in each year the first of such meetings (herein called the first General Meeting) to be convened in the year 1980 by twenty-one days notice to be affixed to some conspicuous place or places in the said Parish of the inhabitants of the age of eighteen years or upwards of eithert sex for the purpose of receiving the Report and Accounts of the Committee and for accepting resignations of members of the Committee and for the purpose of electing members under Clause 3 hereof and for taking such action as it may decide under Clause 8 hereof provided nevertheless that if any year on Annual General Meeting shall not be convened and held in the month of April the Annual General Meeting for that year shall be held as soon as practicable after the month of April
6. THE Committee shall have power of Resolution of the Committee passed at a meeting at which not less than two-thirds of tall the members of the Committee vote in favour of the resolution to allow any existing organization in the said Parish not mentioned in the Second part of this Schedule and any other organization which may hereafter be formed in the said Parish having aims of recreational character consistent with those upon which the Trust Property is held hereunder to appoint an additional member of the Committee in the same manner as if such organization had been mentioned in the Second Part of this Schedule and for this purpose the total number of members of the Committee as provided for in Clause 3 hereof may be increased
7. A causal vacancy arising from the death or resignation or removal of an appointed member of the Committee shall be filled by the organization by which such member shall have been appointed and the person so appointed shall reture at the time when the vacating member would have retired. In the event of a vacancy arising through the death resignation or removal of a member of the Committee elected by the Annual General Meeting the Committee shall have the power to fill such vacancy until the next Annual General Meeting. All members shall retire annually at the Annual General Meeting
8. IF any organization entitled to appoint a member of the Committee ceases to exist or fails to make an appointment in manner of aforesaid before the Annual General Meeting in any year the Annual General Meeting shall decide in what way if at all the vacancy shall be filled
9. THE proceedings of the Committee shall not be invalidated by any vacancy among its members or by any defeat in the appointment or qualification of any member
10. THE Committee may from time to time make and alter Rules for the conduct of its business and for the summoning conduct and recording in a Minute Book of its meetings and in particular with reference to :-
(a) The terms and conditions upon which the Trust Property may be used for recreation and the sum (if any) to be paid for such use
(b) The appointment of an Auditor Treasurer and such other unpaid officers as it may consider necessary and the fixing of their respective terms of office
(c) The engagement and dismissal of such paid officers and servants for the Trust Property as it may consider necessary
(d) The number of members who shall form a quorum at its meetings provided that the number of members who shall form a quorum shall never be less that a third of the total number of members of the Committee
11. ALL payments in respect of the use of the Trust Property and all donations for the benefit thereof shall be paid into a Trust account at the Trustee Savings Bank at Chichester West Sussex or at such other Bank as shall from time to time be substituted by the Committee any such substitution to be endorsed upon this Trust Deed with a copy of the resolution relating thereto
12. THE moneys standing to the credit of the said account shall be applied as the Committee shall decide in maintaining repairing and insuring the Trust Property and the buildings and effects thereon and in paying rent rates taxes salaries wages and other outgoings and in providing equipment and means of recreation and otherwise for the maintenance and improvement o fthe Trust Property and in meeting the Lessees liailities and obligations under this Lease
13. THE Committee may upon the vote of a majority of its members and with the consent of the Secretary of State for Education and Science from time to time by mortgage or otherwise obtain such advances on the security of the Trust Property or any part thereof as may be required for maintaining extending or improving the same or any part thereof or erecting any building thereon or for the work carried on thereon and may continue or repay in whole or in part and from time to time any existing mortgage or charge on the said property
14. IF the Committee by a majority decides at any time during the term of this Lease that on the ground of expense or otherwise it is necessary or advisable to discontinue the use of the Trust Property in whole or in part for the purposes hereinbefore indicated it shall call a Meeting of the inhabitants of the age of eighteen years or upwards of the said Parish of which Meeting not less than Twenty-one days notice (stating the terms of the Resolution that will be proposed thereof) shall be posted in a conspicuous place or places on the Trust Property and advertised in a newspaper circulating in the said Parish and if such decision shall be confirmed by a majority of such inhabitants present at such Meeting and voting the Committee may with the consent of the Secretary of State for Education and Science and subject to such conditions as the Secretary of State may impose
15. IF any Rules under the power in that behalf hereinbefore contained are inconsistent with the provisions of these presents the latter thall prevail
SECOND PART
| ORGANISATIONS: | CLUBS: |
| 1. Aldingbourne Women’s Institute | 14. Bowling |
| 2. Westergate Women’s Institute | 15. Cricket |
| 3. Aldingbourne Village Hall Council | 16. Football (Senior) |
| 4. Methodist Youth Club | 17. Football (Junior) |
| 5. Parochial Church Council | 18. Rifle |
| 6. Scouts and Cubs | 19. Stoolball |
| 7. Guides and Brownies | 20. Tennis |
| 8. Aldinbourne Parent Teachers Assoc. | 21. 200 Club |
| 9. Parish Council | |
| 10. Westergate Youth Club | |
| 11. Westergate Parents Association | |
| 12. Aldingbourne Darby & Joan Club | |
| 13. Aldingbourne Mens Social Club |
