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Agreement

This Agreement is made the day of 1 April 2012
between Teynham Parish Council whose office is at 51 Honeyball Walk, Teynham, Kent, ME9 9TN. (The Parish Council),
and
Teynham Sports Association whose registered address is at 55 Tufton Road, Rainham, Gillingham, Kent, ME8 7LE. (The Association)

Definitions

1.0 "The Parish Council" means Teynham Parish Council.
1.1 “The Committee” means the Car Park and Playing Fields Committee of The Parish Council
1.2 “The Association” means the Teynham Sports Association
1.3 "The playing field" means the land shown edged red on the attached plan and includes all present and future buildings, equipment, fixtures and fittings

Background

Land at Frognal Lane Teynham Kent known as Frognal Lane Playing Field and shown edged in red on the attached plan (the playing field) is in the ownership of Trenport Investments Limited of 20 St James Street, London SW1A 1ES. Teynham Parish Council (The Parish Council) is the tenant of the playing field under a tenancy agreement made on 30 September 2011.

By the resolution dated 31 January 2012 The Parish Council agrees that it shall undertake the operation and management of the playing field.

By the resolution dated 21 February 2012 The Parish Council has set up the Car Park and
Playing Fields Committee (The Committee).

The Committee and The Association have agreed that there should be some further delegation of the management of the facilities on the playing field to The Association and The Parish Council has assented.

It is agreed by the parties to this Deed:

Appointment of Manager

2.0 The Parish Council agrees to appoint The Association to be Manager and to carry out the duties in 2.1 to 2.8:

2.1 To maintain the playing field in good order and condition as they are now except as set out in 5.0 and 5.1.

2.2 To exercise all reasonable control over the operation of the playing field.

2.3 To operate a booking system for the playing pitches and facilities.

2.4 To set and collect all fees due for the use of playing pitches and facilities.

2.5 To ensure that equal opportunity is offered to existing clubs, any new clubs and members of the public to use playing pitches and facilities.

2.6 To ensure that members of the public have access to the playing field, unless closure for any reason has been previously authorised in writing by The Committee.

2.7 To ensure compliance with applicable requirements of the Fire Authority or other statutory body.

2.8 To ensure that all accounts for the provision of electricity, water and sewerage services are regularly paid and, in addition, to meet all other incurred debts save those under 5.0, 5.1 and 5.2 below.

Obligations of Manager

The Association shall:

3.0 Have in place prudent financial controls and annually, before 29th September, produce accounts, audited by a qualified person for the 12 months ending 30th June, showing all receipts and payments by The Association to prove their solvency to The Committee.

3.1 Have in place a programme to actively encourage new clubs and organisations to use and hire the playing field, thus maximising its use.

3.2 Ensure that the security and safety of the playing field is maintained.

3.3 Ensure that reasonable steps to prevent damage to the playing field and/or nuisance or damage to neighbouring properties from the use of the playing field.

3.4 Submit all complaints received to The Committee whose decision on the action to be taken shall be final.

3.5 Co-operate in all respects with The Committee, their contractors and employees.

Restrictions of Managers powers

The Association shall not:

4.0 Permit any alterations to the playing field without the prior written consent of The Committee.

4.1 Permit the sale of alcoholic liquor without the appropriate licence, nor permit any breach of the Licensing Acts.

4.2 Permit the use of any structure on the playing field as a dwelling.

4.3 Without the prior consent of The Committee permit the playing field to be used for any purpose other than sport and recreation for authorised clubs and members of the public.

Obligations of the Parish Council

The Parish Council through The Committee shall:

5.0 Maintain all fences, hedges, whether boundary or internal and trees on the playing field.

5.1 Cut the grass on the playing field on not less than 16 occasions during the year at times they consider appropriate.

5.2 Ensure that there is adequate insurance to cover public liability and fire, malicious damage and all other usual perils to property.

5.3 Co-operate in all respects with The Association, their contractors and employees.

Financial

6.0 In consideration of the obligations undertaken by The Association, The Parish Council agrees to pay to The Association on the signing of the agreement the sum of £10.

6.1 Any excess monies such as not future budgeted expenditure or that in excess of prudent reserve or accrued for a specific purpose is to be paid to the Parish Council.

General

7.0 Two members of The Association shall be nominated to attend meetings of The Committee with the right to speak at any time during the meeting but not to vote.

7.1 One member of The Committee shall be nominated to attend meetings of The Association with the right to speak at any time during the meeting but not to vote.

7.2 This Agreement shall be automatically terminated if The Association ceases operating or becomes insolvent.

7.3 The Committee shall give written notice to The Association requiring them to remedy any breach of this Agreement within a period of eight weeks.

7.4 If the requirements of written notice in 7.3 are not met The Committee shall give The Association a period of four weeks’ notice of termination of this Agreement.

7.5 Any dispute under this Agreement between the parties shall be determined by the Secretary of the Kent Association of Local Councils, or other acceptable and appropriate body, whose decision shall be final and binding.

Length of Agreement

8.0 This agreement shall be for the period 1st April 2012 and ending on, and including
31st May 2016.

8.1 This agreement is personal to The Association and shall not be assigned.

8.2 The Parish Council, due to the terms of their tenancy agreement is unable to commit itself to renew or extend this agreement for any further period beyond the date in 8.0.

8.3 In the event of The Council’s tenancy agreement being terminated or changed it shall endeavour to give The Association reasonable notice having regard to the affected clubs and organisations having to make alternative arrangements

Indemnity

9.0 The Association shall indemnify The Parish Council against all claims arising out of the use of the playing field agreed by them.

In witness The Parish Council and The Association have executed this agreement as a Deed.

Signed as a Deed and delivered by:

Being two members of The Parish Council

……………………………………..

……………………………………..

In the presence of:

…………………………….

Being the (The Chairman and Secretary) respectively of The Association
and authorised to sign

……………………………………

……………………………………

 

In the presence of:

………………………………