Local Government Failure
DRAFT HEADS OF TERMS
SUMMERWAY JUNIOR LAWN TENNIS CLUB
Premises: The land and buildings off Pinhoe Road, Exeter as shown edged red on the annexed plan together with a pedestrian right of way along the pathway shown shaded brown on the plan.
Parties: Devon County Council, County Hall, Topsham Road, Exeter, EX2 4QQ (Landlord).
The Trustees of the Summerway Junior Lawn Tennis Club (Tenant) – names to be confirmed.
Term: 25-years. Commencement date to be agreed.
Break Clauses:
(i) The Landlord to be able to determine the Lease on giving six months notice in writing in the event that the cost of maintaining the tennis courts becomes excessively onerous (in the opinion of the Landlord)
(ii) The Tenant to be able to determine the Lease on giving six months notice in writing provided that it shall have substantively observed the terms and conditions of the Lease.
(ii) The Tenant to be able to determine the Lease on giving six months notice in writing provided that it shall have substantively observed the terms and conditions of the Lease.
Rent: £590 per annum exclusive of rates and V.A.T. payable quarterly in advance on the usual quarter day. The rate of interest on late payment to be 5% over Bank Base Rate.
Rent Review: Three yearly intervals on the anniversary of the commencement date. Revised rent to be calculated in accordance with changes in the RPI over the intervening period.
Repair: Tenant to be responsible for the repair and decoration of the Premises, including all boundary fences.
Alienation: Dealing not permitted, except for assignment of the whole to a party carrying out the same functions as the Tenant for which Landlord’s consent must be obtained, not to be unreasonably withheld or delayed. Provisions will be made for the proper notification of changes in the Trustees.
Alterations: Landlord’s consent to be obtained, not to be unreasonably withheld or delayed.
User: Junior Lawn Tennis Club facility for members aged between 8 and 18. The Club’s constitution and membership conditions to be agreed with the Landlord and set out in the Lease. Change of Use not permitted.
Insurance: The Premises will be insured by the Landlord under its block insurance policy. The premium shall be recharged to the Tenant by way of additional rent.
Landlord and Tenant Act 1954: The Lease shall be contracted out of the Act.
Landlord’s Right to Use the Premises: The Landlord shall be entitled to use the Premises free of charge on 12 pre-notified occasions in each year for community purposes. The Landlord shall ensure that the premises are left clean and tidy after any such use.
Tenant’s Right to Use The Tennis Courts: The Tenant shall be entitled to exclusive use of the Tennis Courts shown edged blue on the plan at times to be agreed between the Landlord and Tenant and subject to annual review dependent upon the developing pattern of use, etc. At the commencement of the Lease the exclusive periods shall be as follows:-
01 April to 30 September inclusive:
Monday to Thursday 3.00 pm to dusk:
Saturday and Sunday 9.00 am to 2.00 pm:
On four pre-notified occasions in each year full Saturday use from 9.00 am to dusk:
Saturday and Sunday 9.00 am to 2.00 pm:
On four pre-
The Tenant will be responsible for clearing the Courts for play and will be entitled to erect its own equipment (nets, etc) during these periods. At all other times the Courts will be available for public use.
A charge shall be made for such use in the amount of £250 per annum to be reviewed on the same basis as the rent.
Works to be Carried Out Prior to Grant of the Lease:
(i) The Landlord will repair the existing fence around three sides of the Tennis Courts as necessary; install a new gate into the Courts; and erect a sign outlining the conditions of use of the Tennis Courts and the times for the Club’s exclusive use.
(ii) The Tenant will erect a new security fence with gates around the premises to a specification to be agreed by the Landlord.
(ii) The Tenant will erect a new security fence with gates around the premises to a specification to be agreed by the Landlord.
Fees: Each party will be responsible for its own fees and costs in agreeing and preparing the Lease.
Side Letter With Regard to Gates and Access: The Landlord will provide a side letter under which it will agree to provide the Trustees with:-
(i) A key to any access bollard erected at the entrance from Pinhoe Road so that limited vehicular access (i.e. for disabled members and service vehicles) can be gained to the premises;
(ii) The right to padlock the new gate from the park to the Tennis Courts to permit the Courts to be secured during the Club’s exclusive use period.
Both such privileges can be withdrawn without notice by the Landlord if they are abused.
(ii) The right to padlock the new gate from the park to the Tennis Courts to permit the Courts to be secured during the Club’s exclusive use period.
Both such privileges can be withdrawn without notice by the Landlord if they are abused.
These are the draft Heads of Terms presented to members of the Club Committee by Ian Cowe, Leisure Manager of Exeter City Council, at a meeting in the Summerway Junior Lawn Tennis Club’s clubhouse on Thursday, 23rd November, 2006.
The Proposed New Lease
The Extra Burden which Local Government is asking
the Club to bear by these proposed Heads of Terms