Lease
Here is the text of the lease, minus trustees' details, which we agreed with Tandridge District Council on 2 August 2002. Achieving it took us four years. Much of that time was spent working to a greatly more complex and unfavourable document than the one below.
Agreeing it was, at the Council's insistence, a condition of our becoming a Local Nature Reserve, which we did soon after, on 12 September 2002.
H M LAND REGISTRY
LAND REGISTRATION ACTS 1925 TO 1997
LEASE OF WHOLE
COUNTY & DISTRICT: SURREY - TANDRIDGE
TITLE NUMBER :
PROPERTY: Bloomer's And Jenner's Fields, Lingfield, Surrey
THIS LEASE is made the 2nd day of August Two Thousand and Two BETWEEN TANDRIDGE DISTRICT COUNCIL of Council Offices Station Road East Oxted Surrey RH8 0BT (hereinafter called “the Council”) which expression shall where the context so admits include the person or persons for the time being entitled to the reversion immediately expectant on the determination of the tenancy hereby created of the one part and [trustees' names] the present Trustees of Lingfield Wildlife Area Association (hereinafter respectively called “the Trustees” and the “Association”) of the other part
WITNESSETH as follows: -
1. IN CONSIDERATION of the Rent and the Trustees' covenants hereinafter reserved and contained the Council HEREBY DEMISES with full Title Guarantee unto the Trustees of the Association ALL THOSE pieces or parcels of land known as Bloomer's Field and Jenner's Field situate at Lingfield in the County of Surrey being part of the land comprised in a Conveyance dated 8th March 1939 made between Wilfred Wathey Walker and Arthur Trowbridge Keeling of the one part and the Council for the Rural District of Godstone of the other part and a Conveyance dated 23rd August 1934 made between Wilfred Wathey Walker and Arthur Trowbridge Keeling and Francis Churchill Still of one part and The Rural District Council for The Rural District of Godstone of the other part as the same are shown for the purpose of identification only edged red on the plan annexed hereto (hereinafter call “the Wildlife Area”) EXCEPT AND RESERVED unto the Council its servants agents invitees and all other persons having the like right (in common with the Association) rights of way both on foot and with maintenance vehicles over the whole of the Wildlife Area the same unto the Trustees for the term of 25 years from the 2nd day of August Two Thousand and Two until the 1st day of August Two Thousand and Twenty Seven (hereinafter called “the Term”) with a option to renew by agreement between the parties to this lease during the last six months of the term YIELDING AND PAYING therefor during the Term the annual rent of one peppercorn if demanded payable on the First day of April in every year
2. The Trustees for themselves and the survivors or survivor of them their heirs and assigns hereby covenant with the Council to observe and perform the provisions and stipulations contained in The Schedule hereto
3. The Council reserves the right to: -
(a) require risk assessments safety precautions or the specific timing of operations if that is within the interests of the wellbeing of the site or the public or of legislation
4. The Council hereby covenants with the Trustees: -
(a) in conjunction with the Trustees to deal with any boundary or other disputes with the neighbouring landowners or occupiers
(b) to maintain and regularly empty all litter bins and dog refuse bins
(c) that the Trustees observing and performing the provisions and stipulations contained in the Schedule hereto shall peaceably hold and enjoy the Wildlife Area during the Term without any interruption by the Council save that of maintenance and modification of the Recreation Ground and Children's Play Area in Jenner's Field or any person rightfully claiming under or in trust for it
(d) to take steps to declare the wildlife area a Local Nature Reserve
5. PROVIDED ALWAYS and it is hereby agreed as follows: -
(a) if the rent hereby reserved or any part thereof shall be unpaid twenty-one days after becoming payable (if demanded) or if any covenant on the Trustees' part herein contained shall not be performed or observed or if the Association for the time being shall become insolvent or being a company enter into liquidation whether compulsorily or voluntarily (save for the purpose of reconstruction) or if the Trustees for the time being shall enter into any arrangement or composition for the benefits of its creditors or of the Association suffer any distress or execution to be levied on its goods then and in any of the said cases it shall be lawful for the Council at any time thereafter to re-enter upon the Wildlife Area or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to the right of action of the Council in respect of any breach of the Trustees' covenants herein contained
(b) if any dispute or question whatsoever shall arise between the parties hereto with respect to the construction or effect of this Lease or any clause or thing herein contained or the rights duties or liabilities of either party under this Lease or otherwise in connection with the Wildlife Area (except where the provisions hereof give an absolute discretion to the Council) the dispute or question shall be determined by a single arbitrator in accordance with the Arbitration Act 1996 or any statutory enactment in that behalf for the time being in force
(c) in this Lease where the context so admits the words importing the singular number only shall include the plural number and vice versa the words importing the masculine gender only shall include the feminine and neuter genders and where there are two or more persons included in the expressions “the Council” and “the Trustees” covenants expressed to be made by either of them shall be deemed to be made by such persons jointly and severally
(d) Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962 shall apply to all Notices to be served hereunder PROVIDED THAT any Notice served hereunder shall be in writing and if served on the Council shall be deemed to be sufficiently served if addressed to the Assistant Chief Executive (Legal) of the Council, Council Offices Station Road East, Oxted Surrey RH8 0BT and if served on the Trustees shall be deemed to be sufficiently served if sent by recorded delivery to the Trustees at their addresses or respective address if more than one person is included in the expression “the Trustees”
6. FOR the avoidance of doubt the Trustees hereby acknowledge: -
(a) that any consent given by the Council pursuant to the requirements and provisions of this Lease shall not constitute any consent which may be required to be given by the Council in its capacity as a Local Authority whether in relation to planning or other matters
(b) nothing therein contained or implied shall prejudice or affect the rights powers duties and obligations of the Council in the exercise of its functions as a Local Authority and the rights powers and obligations of the Council under all public and private statutes Byelaws orders and regulations may be as fully and effectually exercised in relation to the Wildlife Area as if the Council was not the owner thereof and as if this Lease had not been executed by it
7. THE TRUSTEES hereby acknowledge that in entering into this Lease the Council neither makes nor offers any warranty as to the condition or suitability of the Wildlife Area or any part thereof for the use thereof for any of the purposes hereinbefore mentioned
8. IT IS HEREBY certified that there was no Agreement for Lease to which this Lease gives effect
9. THE TRUSTEES hereby covenant with the Council to pay any stamp duty payable on this Lease and the Counterpart thereof
10. IT IS HEREBY CERTIFIED that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration other than rent exceeds Sixty Thousand Pounds (£60,000)
THE SCHEDULE above referred to
OBLIGATIONS OF THE TRUSTEES
1. To pay the reserved rent at the times and in the manner aforesaid
2. Not assign or underlet or part with the possession of the Wildlife Area or any part thereof except for the purpose of vesting the term created by this Lease in the Trustees for the time being of the Association
3. Not to use the Wildlife Area or any part thereof in such a manner as to be or to cause unreasonable annoyance or disturbance to the Council or to the public lawfully on or in the vicinity thereof or to the owners or occupiers of neighbouring or adjoining land
4. To permit the Council its servants and agents to enter upon the Wildlife Area at all reasonable times for the purpose of inspecting the state and condition thereof, the carrying out of emergency maintenance work needed to make the area safe after consulting with the Trustees' nominated representative, for maintenance and modification to the Recreation Ground and Children's Play Area in Jenner's Field, and for all other reasonable purposes provided no interference to the Trustees' use of the Wildlife Area is caused thereby
5. To submit a copy of the Annual Accounts of the Association to the Council as soon as such accounts have been prepared audited and approved by the Association at its Annual General Meeting
6. To submit a copy of the current Constitution of the Association and any future amendment thereto to the Council for approval in writing such approval not to be unreasonably withheld the Council reserves the right to require alterations thereto or refuse consent to any alterations of the same if in the opinion of the Council these affect the terms or intentions of this Lease
7. To submit a management plan for the Wildlife Area for approval by the Council and to update as necessary, such approval not to be unreasonably withheld
8. Not unreasonably to impede or deny public access unless previously approved by the Council
9. Not to charge members of the public any admission fee for entering the Wildlife Area except on days when special events are held as agreed with the Council
10. Not to use or permit or suffer the use of the Wildlife Area [except the Recreation Ground and Children's Play Area in Jenner's Field] or any part thereof for any purposes other than as a wildlife area managed in accordance with and within the scope of the management plan and in accordance with the reasonable requirements of the Council and generally to keep the Wildlife Area in a reasonably good condition appropriate to its purpose
11. Not to permit the encroachment of travellers and to take all reasonable steps to prevent trespass by any unauthorised persons and to permit the Council to take and pursue such proceedings in its own name as it sees fit against any trespassers including squatters occupying the Wildlife Area without the Trustees' consent or permitted by the Trustees so to occupy the Wildlife Area in breach of the Trustees' covenants herein
12. To observe and comply with all statutory requirements or any requirements made by any local or other competent authority
Maintenance
13 All maintenance to be undertaken in accordance with the Trustees' management plan
14. The Council will pay the sum of £460 per annum each April [the said payment will increase in proportion to the retail price index annually] as a contribution towards maintenance work undertaken by the Trustees
15. The Council will maintain the Recreation Ground and Children's Play Area hatched in green on the plan annexed hereto
Indemnity
16. The liability of the Trustees in respect of the Trustees' obligations shall in the case of any breach be limited in amount to the realisable value of the Associations Assets and no personal liability shall attach to any of the Trustees except to the extent of any fraud or dishonesty by them or by any of them and nothing contained in the Lease shall entitle the Council to pursue exercise or enforce any right or remedy in respect of any breach against the personal estate property or effects or assets of any of the Trustees or against any assets which are not the Associations Assets provided always this limitation shall not apply in the case of any Trustee to the extent of any fraud or dishonesty on the part of such Trustee in relation to the Lease and/or any of the Associations Assets wrongly appropriated by him or her
17. To keep the Council at all times fully and effectually indemnified against all or any claims, actions, proceedings, costs, damages, expenses, demands and liabilities of whatsoever nature in respect of any injury (including injury resulting in death) caused to any person or damage to or loss of any property (including any property of the Council) arising out of the use of the Wildlife Area for the purposes hereinbefore mentioned whether by accident or by reason of any negligence or any act or omission of the Trustees, its visitors or invitees or of any other person and to effect a public liability insurance policy in that behalf for at least five million pounds (£5,000,000) in respect of each and any such injury or damage as aforesaid and to produce to the Council such policy of insurance or a copy thereof upon each and every renewal thereof (leaving a copy thereof with the Council if requested to do so )and the receipt of the last premium
18. To deliver up the Wildlife Area on the determination of the term hereby granted with vacant possession in a clean and tidy condition consistent with the Trustees' covenants herein contained
19. Contract (Rights of Third Parties) Act 1999
Subject to any rights which may accrue to any successor in title to the Council and/or the Trustees to the reversion immediately expectant on determination of the lease [in the case of the Council] and to the residue of the term of years granted by the lease [in the case of the Trustees] no provision of this lease shall or may be construed as creating any rights enforceable by a third party and all third party rights as may be implied by law or deemed to be enforceable by the Contracts (Rights of Third Parties) Act 1999 or any statute amending or replacing the said Acts are hereby excluded to the fullest extent permitted by law from this lease
IN WITNESS whereof the Common Seal of the Council has hereunto been affixed and the Trustees have hereunto executed this document as a Deed the day and year first before written
THE COMMON SEAL of
TANDRIDGE DISTRICT COUNCIL
was hereunto affixed in the presence of: [etc., etc.]