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>