Dated 4th March 1998
Dartford Road Allotments
Association: Lease
THE DARTFORD BOROUGH COUNCIL (1)
- and -
THE TRUSTEES OF THE DARTFORD ROAD ALLOTMENTS ASSOCIATION (2)
LEASE relating to land at Dartford Road Dartford Kent
THIS LEASE is made the <date>
BETWEEN THE DARTFORD BOROUGH COUNCIL of <address>
(hereinafter called "the Landlord") of the one part and <name and
address 1> <name and address 2> <name and address 3>
<name and address 4> being the present Trustees of THE DARTFORD
ROAD ALLOTMENTS ASSOCIATION (hereinafter called "The Tenant") of the
other part
WITNESSETH as follows:
1. INTERPRETATION
(1) IN this Lease the following expressions shall have the
following meanings:-
Expression Meaning
"the Landlord" The Dartford Borough Council
"the Tenant" the Tenant hereinbefore named or such other person in
whom the term hereby created shall for the time being
be vested and wherever it includes more than one
person the covenants hereinafter contained shall be
deemed to be joint and several
"the demised premises" the land shown for identification purposes
only edged
red on the Plan and more particularly referred to in the
FIRST SCHEDULE hereto
"the Plan" the plan annexed hereto
"the Term" 7 years from the 1st April 1999 but subject to earlier
determination as provided in Clause 5.2 hereof
"the Rent Commencement
Date" 1st April 1999
"the Rent" the sum of Fifty Pounds per annum (£50.00) subject
to
the provisions of Clause 2.2 hereof
(2) Reference in this Lease to any Act of Parliament shall include
any Act or other statutory provision amending or replacing the same
(3) In this Lease the plural shall be deemed and taken to include
the singular and the singular the plural unless the contrary is
expressly provided or unless the same is inconsistent with the
context
2. DEMISE AND RENT RESERVATION
2.1 In consideration of the Rent and the Tenant's Covenants
hereinafter reserved and contained the Landlord HEREBY DEMISES unto
the Tenant the demised premises for the Term TOGETHER WITH the
easements and rights set out in the SECOND SCHEDULE hereto EXCEPTING
AND RESERVING unto the Landlord and others the easements and rights
set out in the THIRD SCHEDULE hereto SUBJECT TO the Tenancy
Agreements set out in the FIFTH SCHEDULE hereto YIELDING AND PAYING
unto the Landlord during the Term yearly and proportionally for any
fraction of a year the Rent as set out hereunder
2.2 The yearly rent of Fifty Pounds (£50.00) or 2% of the
gross rental income receivable by the Tenant in the previous year
whichever is the greater the rent throughout the term being payable
in advance of the execution hereof and on each anniversary of the
Rent Commencement Date
3 TENANT COVENANTS
The Tenant HEREBY COVENANTS with the Landlord as follows:
3.1 To pay the rent at the times and in the manner aforesaid
3.2 To pay interest on any unpaid rent in the event that any
payment of rent shall not have been made to the Landlord within 14
days after the same became due (whether or not formally demanded) in
respect of the period or any part of the period from the date when
the said rent became due until the date when the same is paid at the
rate of 4% per annum above base lending rate for the time being of
Barclays Bank plc calculated on a daily basis
3.3 To pay all existing and future rates water rates taxes
assessments and outgoings whether parliamentary local or otherwise
hereafter charged or imposed upon the owner or occupier by law in
respect of the demised premises
3.4 To use the demised premises for no other purposes other than
as allotment gardens and for associated purposes
3.5 To keep the demised premises clean and tidy and free from
weeds brambles and undergrowth and otherwise to maintain the same in
good condition but so that this covenant shall not impose an
obligation on the Tenant to yield up the demised premises in a better
state or condition than that set out in the Schedule of Conditions
dated 24 February 1992 and Photographs Numbered 1-25 copies whereof
having been supplied to and agreed by the parties hereto prior to the
date hereof
3.6 Not to cause or permit any nuisance or annoyance or obstruct
or encroach on any path or roadway set out by the Council for the use
of the occupiers of the allotment gardens
3.7(i) Not to assign underlet or part with possession of th
demised premises or any part thereof other than (a) the allotment
gardens to individual allotment holders substantially on the terms
contained in the Specimen Form of Letting Agreement set out in the
Fourth Schedule hereto and (b) the two trading huts and compound
shown coloured pink on the Plan which may be let for nil
consideration to the West Dartford Allotment and Garden Society
(ii) When letting the allotments to give preference firstly to
residents in the locality of the demised premises and secondly to
residents in the Borough of Dartford
3.8 Not to fell or remove trees or take sell or carry away any
mineral gravel sand earth or clay without the prior written consent
of the Landlord
3.9 Subject to Clause 3.5 hereof to keep in good and substantial
repair all buildings on the demised premises and the fences and gates
marked with a "T" on the said plan on the boundaries of the demised
premises
3.10 Not without the Landlord's prior written consent to erect or
allow to be erected any building on the demised premises except one
shed on each allotment garden with a base not exceeding seven feet in
length and five feet in width
3.11 Not to use barbed wire for any fence on the demised premises
3.12 Not without the Landlord's prior written consent to plant or
allow to be planted any trees on the demised premises (except that
this sub-clause shall not prevent the occupant of an allotment garden
from planting domestic fruit bushes thereon)
3.13 Not to deposit or allow other persons to deposit on the
demised premises any refuse or any decaying matter except manure,
compost, vegetable materials or mulches in such quantities as may be
reasonably required for use in cultivation
3.14 Not to keep or permit to be kept any animals or livestock of
any kind on the demised premises
3.15 To keep the pipes standpipes taps and other apparatus for the
water supply to the allotments in good and substantial repair and
condition and in accordance with the requirements of the water
supplier
3.16 To permit any officer or agent of the Landlord with or
without workmen and others to enter into and upon the demises
premises at all reasonable times to examine the state and condition
thereof
3.17 To effect a policy of insurance in an insurance office to be
approved in writing by the Landlord in respect of the demised
premises or anything erected or being or growing thereon or any
person lawfully using same in a sum not less than $1,000,000 for any
one accident which policy of insurance shall be endorsed as required
by the Landlord and in particular be extended especially to indemnify
the Landlord in respect of any liability the Landlord may incur fro
death or injury or damage to property sustained by any third party as
a result of the use of the demised premises or any access thereto by
the Tenant and the Tenant shall produce to the Landlord on request
such policy of insurance and the current premium receipt at no cost
3.18 To provide to the Landlord no later than the First day of May
in each year a certificate signed by the Tenant's auditors stating
the amount of the gross rental income receivable by the Tenant from
the letting of individual plots over the twelve months ending the
Thirty-first day of March of that year and to pay to the Landlord any
additional rent due in accordance with Clause 2.2 hereof
3.19 At the expiration or sooner determination of the term to
yield up to the Landlord the demised premises in accordance with the
covenants herein contained in such a condition as is required by such
covenants
3.20 To obtain any necessary permission in accordance with the
Town and Country Planning Act 190 for development permitted under
Clause 3.10 hereof
3.21 Within seven days of receipt of the same to give full
particulars to the Landlord of any notice direction or order or
proposal for a notice direction or order made given or issued to the
Tenant by any government department or local or public authority and
if so required by the Landlord to produce and supply copies of the
same to the Landlord AND without delay to take all necessary steps to
comply with the same AND ALSO at the request and cost of the Landlord
(except that where it is the responsibility of the Tenant the costs
shall be borne by the Tenant) to make or join with the Landlord in
making such objections or representations relating to the same as the
Landlord shall reasonably require
3.22 Within a period of three months of the date hereof to pay the
Landlord's reasonable and proper costs and disbursements of and
incidental to the preparation and completion of this Lease and a
Counterpart thereof amounting to One hundred and fifty pounds
(£150) plus Value Added Tax
4. LANDLORD'S COVENANTS
The Landlord HEREBY COVENANTS with the Tenant that the Tenant
paying the rents hereby reserved and observing and performing the
covenants conditions and agreements on the part of the Tenant herein
contained shall and may quietly hold and enjoy the demised premises
during the term without any interruption by the Landlord
5. PROVIDED ALWAYS THAT and it is hereby agreed as follows:
5.1 If any rents reserved shall be unpaid for twenty-one days
after becoming due whether the same shall be lawfully demanded or not
or any Tenant's covenants shall not have been observed or performed
then and in any of the said cases and at any time thereforth it shall
be lawful for the Landlord of its authorised agent to re-enter into
or upon the demised premises or any part thereof in the name of the
whole and thereupon this demise shall absolutely determine but
without prejudice to any right of action or remedy of either party
against the other in respect of any of the covenants hereinbefore
contained
5.2 This lease may be determined
5.2.1 By either party giving to the other not less than twelve
months' previous notice in writing expiring on the Thirty- first day
of March or the Thirtieth day of September in any year
5.2.2 By the Landlord giving to the Tenant not less than twelve
months previous notice in writing on account of the demised premises
being required for any purpose for which they have been properly and
legally appropriate (sic) under any statutory provision
5.3 Any notice required under this Lease shall be sent to the
Secretary of the Tenant at <address> or to other such address
as the Tenant shall in writing notify the Landlord that it requires
such notice to be sent and any notice to the Landlord shall be duly
served if sent to the Assistant Chief Executive for the time being at
the Civic Centre aforesaid and the same shall be deemed to be
received at the expiration of two working days after posting and the
provisions of Section 196 of the Law of Property Act 1925 as amended
by the Recorded Delivery Service Act 1962 shall apply thereto
6. This is a new tenancy for the purposes of the Landlord and
Tenants (Covenants) Act 1995
7. It is hereby certified that there is no Agreement for Lease to
which this Lease gives effect
IN WITNESS whereof the parties hereto have executed this document
as a deed the day and year first before written
FIRST SCHEDULE hereinbefore referred to
ALL THAT piece or parcel of land lying to the south of Dartford
Road Dartford Kent having an area of 6.66 acres or thereabouts
SECOND SCHEDULE hereinbefore referred to (Rights granted to the
Tenant)
1. A right of way (insofar as the Landlord can legally grant the
same) for the Tenant its servants employees and visitors (in common
with the Landlord and all others from time to time entitled thereto)
to pass and repass with or without vehicles over the access road
shown coloured brown on the plan annexed hereto
THIRD SCHEDULE hereinbefore referred to (Exceptions and
Reservations in favour of the Landlord
1. A right of uninterrupted passage of water soil drainage gas
electricity and telephone lines through the sewer pipes drains cables
wires or other conducting media for the time being belonging to or
running through or under the demised premises or any land or premises
over which the Tenant enjoys rights hereunder or any adjoining or
neighbouring premises of the Landlord AND the right to enter upon the
demised premises or other land aforesaid at all reasonable times of
the day upon two working-days notice to the Tenant (except in cases
of emergency) for the purpose of making connections thereto or to
inspect cleanse repair and renew the same making good as reasonably
practicable any damage thereby caused to the demised premises
2. All rights and easements privileges in the nature of easements
or quasi-easements now existing in or over the demised premises for
the benefit of the demised premises or any adjoining or neighbouring
premises of the Landlord (if any) and any exceptions and reservations
to which the Landlord's title is subject
FOURTH SCHEDULE hereinbefore referred to (Specimen Form of Letting
Agreement) <DRAA rental agreement>
FIFTH SCHEDULE hereinbefore referred to <List of current
tenancies including Plot Number, Size in Rods, Name and Address of
Tenant, Date of Commencement of Tenancy and whether Approval Given
for the Erection of a Shed
<Common Seal Affixed>