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2 June 2021

 

Dear Councillor,

 

This is to inform you that the meeting of the Resources and Policy Committee will be held via Zoom 7.30pm on Wednesday 9th June 2021, to which you are summoned, for the transaction of the following business.  You can join the Zoom Meeting here

 

https://us02web.zoom.us/j/83247601947?pwd=RWJmMWhLTm9nYXM4VHBSUUs5T05kZz09

 

 

Meeting ID: 832 4760 1947

Passcode: 332837

 

One tap mobile - 02034 815237

 

Yours sincerely,

 

 

 

C. A. Lloyd

Town Clerk

 


 

AGENDA

1.               ELECTION OF CHAIRMAN AND VICE CHAIRMAN

2.               APOLOGIES FOR ABSENCE

            To receive apologies for absence, if any.

3.               QUESTION TIME

The first fifteen minutes of the Meeting will be given over to questions from members of the public on issues relating to the work of the Committee.

4.               DECLARATIONS OF INTERESTS BY MEMBERS

Members are reminded to make any declarations of disclosable pecuniary and/or personal interests that they may have in relation to items on this Agenda.

 

You should declare at this part of the meeting or when it becomes apparent your interest by stating:

 

(a)        the item you have the interest in

(b)        whether it is a disclosable pecuniary interest and the nature of the interest, whereupon you will not participate in the discussion or vote on that matter, unless dispensation has been requested and granted

(c)        whether it is a personal interest and the nature of the interest

 

Members are also reminded of their obligation to report any amendment to their Register of Interests to the Town Clerk as soon as it becomes apparent.

5.               MINUTES

To approve as a correct record the Minutes of the Meetings held on 3rd March 2021 (copy attached).

 

In accordance with Standing Order 12;

 

a.               The draft minutes of a preceding meeting having been served on councillors with the agenda to attend the meeting at which they are due to be approved for accuracy, shall be taken as read.

b.               There shall be no discussion about the draft minutes of the preceding meeting except in relation to their accuracy. A motion to correct an inaccuracy in the draft minutes shall be moved in accordance with standing order 10(a)(i).

c.                The accuracy of draft minutes, including any amendment(s) made to them, shall be confirmed by resolution and shall be signed by the chairman of the meeting and stand as an accurate record of the meeting to which the minutes relate.

d.               If the chairman of the meeting does not consider the minutes to be an accurate record of the meeting to which they relate, they shall sign the minutes and include a paragraph in the following terms or to the same effect:

“The chairman of this meeting does not believe that the minutes of the meeting of the (   ) held on [date] in respect of (   ) were a correct record but their view was not upheld by the meeting and the minutes are confirmed as an accurate record of the proceedings.”

 

6.               INTERNAL AUDIT REPORT 2020/21

To consider the report (Members of the public can email town.clerk@hatfield-herts.gov.uk for a copy)

7.               AGAR 2020/21

To consider the attached report for onward approval by Council on 23rd June 2021 (Members of the public can email town.clerk@hatfield-herts.gov.uk for a copy)

8.               FINANCE MATTERS

To consider the attached Profit & Loss report from the Head of Operations (Members of the public can email town.clerk@hatfield-herts.gov.uk for a copy)

9.               HOWE DELL LEASE

To consider the attached report from the Town Clerk

10.            DRAFT LEASE FOR NEWGATE STREET MANAGEMENT COMMITTEE

To consider the attached report from the Town Clerk

11.            ELECTRICITY SUB STATION – LEASE OF LAND

To consider the attached lease (Members of the public can email town.clerk@hatfield-herts.gov.uk for a copy)

12.            FIXED ASSETS 2020/21

To consider the attached report (available to view on the Council’s website)

13.            REPORT FROM HEAD OF OPERATIONS

To consider the report Repairs and maintenance to Council properties

14.            DATE OF NEXT MEETING

The date of the next scheduled meeting is 28th July 2021.

 

 

Members:        Cllr T. Wiltshire, Cllr C. Juggins, Cllr Bond, Cllr Brennan, Cllr MacKay

 

For Information: All other Members of the Council.

 


AGENDA ITEM 9

HOWE DELL HALL

Howe Dell School have been using Howe Dell Hall for nearly a year now during the pandemic.

 

They have found it extremely useful and have asked if the Council would consider making the arrangement permanent.

 

The School are conscious of the facility being for the Community and will still let it out for Community use and organise a Playscheme every school holiday for ALL local children to attend not just Howe Dell pupils.

 

The hall has greatly assisted the children’s centre and extended services (breakfast club and after school club) at the school and they wish to expand on this as a Community Facility.

 

The Council has still been liable for National Non-Domestic Rates (NNDR) on the Hall of over £3,500 per annum.  Other costs when operational come to £8,700 (with extra Co-Vid Secure costs).  If the school did take on the hall it would be classed as educational premises and be NNDR nil rated but still provide a community facility.

 

With the arrival of a new Head Teacher in September, it would be good if this matter could be settled prior to then, however 6 months’ notice must be given to Herts County Council of our termination of the lease with them.

 

 

Strategic Plan

Provides a Community Facility at nil cost to the Council

Equalities

Site will be suitable for all abilities

Environmental/Sustainability

The hall has many services that reduce environmental impact

Crime & Disorder

N/A

Financial

£3,500 pa saving

Resources (including workforce)

None

Risk Management

School fail to include the Community in hall use in the future,

The Council can request that it is included in any new lease (sub lease)

 

Report by Carrie Lloyd, Town Clerk


 

AGENDA ITEM 10

NEWGATE STREET HALL LEASE

Attached is a copy of a licence set up in the 1960’s to lease the Hall to the Management Committee.

 

This is now not fit for purpose and requires a more formal lease.  An example is attached.

 

Members are requested to agree to negotiations commencing with the Village Hall Committee on new leasing arrangements.

 

Strategic Plan

Retains provision of community facilities for hire

 

Equalities

Hall is suitable for all abilities

Environmental/Sustainability

N/A

Crime & Disorder

N/A

Financial

Peppercorn rent

Resources (including workforce)

Management of contract

Risk Management

This places a much clearer legal position for the Town Council and Hall Management Committee.

 

Report by Carrie Lloyd, Town Clerk


 

DATED                                                                                   2021

(1) HATFIELD TOWN COUNCIL

(2)

LEASE

of

[xxx]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Barker Austin Solicitors

28, Hanbury Street

London E1 6QR

Tel: 020 7377 1933

 

 

 

 


LR1. Date of lease

 

 

LR2. Title number(s)

LR2.1 Landlord’s title number(s)

 

HD590146.

 

 

LR2.2 Other title numbers

 

 

LR3. Parties to this lease

 

 

Landlord

 

Hatfield Town Council

Birchwood Leisure Centre,

Longmead,

Hatfield AL10 0AN

 
Tenant

 

 

LR4. Property

 

 

 

See the definition of "Demised Premises" in paragraph 3 of the Lease Particulars and Clause 1.3 of this lease.

 

 

LR5. Prescribed statements etc.

 

 

 

 

 

None

LR6. Term for which the Property is leased

 

 

 

 

The term as specified in this lease at paragraph 4 of the Lease Particulars

LR7. Premium

 

 

 

None

LR8. Prohibitions or restrictions on disposing of this lease

 

 

 

This lease contains a provision that prohibits or restricts dispositions.

R9. Rights of acquisition etc.

 

 

LR9.1 Tenant’s contractual rights to renew this lease, to acquire the reversion or another lease of the Property, or to acquire an interest in other land

 

None

 

 

LR9.2 Tenant’s covenant to (or offer to) surrender this lease

 

None

 

LR9.3 Landlord’s contractual rights to acquire this lease

 

None

 

LR10. Restrictive covenants given in this lease by the Landlord in respect of land other than the Property

 

 

None

LR11. Easements

 

 

LR11.1 Easements granted by this lease for the benefit of the Property

 

The easements as specified in the First Schedule to the Lease

 

LR11.2 Easements granted or reserved by this lease over the Property for the benefit of other property

 

The easements as specified in the Second

Schedule to the Lease

 

LR12. Estate rentcharge burdening the Property

 

 

None

LR13. Application for standard form of restriction

 

 

 

 

None

LR14. Declaration of trust where there is more than one person comprising the Tenant

 

 

 

None

                                                                                                                                             

 


 

Contents

 

 

Lease Particulars

 

 

1.                              Definitions

 

 

2.                              Interpretation

 

 

3.                                                  Demise and Rents

 

 

4.                                                  Tenant's Covenants

 

 

5.                                                  Landlord's Covenants

 

 

6.                                                  Insurance

 

 

7.                              Provisos

 

 

First Schedule

Rights Granted

Second Schedule

Exceptions and Reservations

Third Schedule

Deeds and documents containing matters to which the Demised Premises are subject

 


 

LEASE PARTICULARS

1.

DATE

 

 

 

 

 

2.

PARTIES

 

 

(a)   Landlord

HATFIELD TOWN COUNCIL

of Birchwood Leisure Centre Longmead, Birchwood, Hatfield Herts AL10 0AN

 

 

 

 

(b)   Tenant

[    ]

 

 

 

3.

DEMISED PREMISES

Means the land forming the land known as Newgate Village Hall as shown edged red on the plan

 

 

 

 

4.

TERM

7 years from [     ] as hereinafter provided

 

 

 

 

5.

PLAN

The Plan attached hereto

 

 

 

 

6.

TERM COMMENCEMENT DATE

[         ]

 

 

 

7.

RENT

[        ]

 

 

 

 

8.

PERMITTED USER

Community Hall

 

 

 

 

9.

PRESCRIBED RATE

Four percent (4%) per annum above Base Rate

 

 

 

 

10.

BASE RATE

 

The Base Rate for the time being of National Westminster Bank Plc., or some other London clearing bank nominated

from time to time by the Landlord or, in the event of Base Rate being abolished such

other reasonable comparable rate of interest as the Landlord shall from time to time determine .

 

 

 

 


 

THIS LEASE is made on the Date stated in the Particulars (as hereinafter defined)

 

BETWEEN the Parties specified in the Particulars.

 

WITNESSETH in consideration of the rents and covenants hereinafter reserved

and contained as follows :-

 

 

1.    DEFINITIONS

 

IN this Lease, unless the context otherwise requires, the following expressions shall have the following meanings: -

 

1.1.  "Adjoining Property" means any land and/or buildings adjoining or neighbouring the Demised Premises, of the Landlord;

 

1.2.  "Conduits" means all sewers, drains, pipes, gullies, gutters, ducts, mains, watercourses, channels, subways, wires, cables, conduits , flues and other conducting media of whatsoever nature;

 

1.3.  “Demised Premises" means the Demised Premises as briefly described in the Particulars and each and every part thereof and all the appurtenances belonging thereto, including:-

 

(a)         all Conduits in, upon, over or under and exclusively serving the same, save those of statutory undertakers;

 

(b)         all Landlords fixtures and fittings now or hereafter in or upon the same including but not limited to all electrical and mechanical plant machinery equipment and apparatus and the water and sanitary apparatus ;

 

(c)         all additions alterations and improvements thereto;

 

1.4.  "Shared Car Parking" means the land coloured green on the Plan;

 

1.5.  "Pedestrian Access" means the land coloured yellow on the Plan;

 

1.6.  "Vehicular Access" means the land coloured brown on the Plan;

 

1.7.  "Access for building repair" means the land coloured yellow and cross­ hatched on the Plan;

 

1.8.  "Common Areas " means the land coloured green, brown and yellow on the Plan

 

1.9.  "Development" means any development as defined in Section 55 of the Town and Country Planning Act 1990;

 

1.10  "Insured Risks" means fire storm tempest flood earthquake lightning explosion impact aircraft (other than hostile aircraft) and other aerial devices and articles dropped therefrom riot civil commotion and malicious damage bursting or overflowing of water tanks apparatus or pipes and such other risks as the Landlord may in its absolute discretion from time to time determine subject  to such exclusions excesses and limitations as may be imposed by the insurers;

 

1.11  “Landlord" means the party named as 'Landlord' in the Particulars, and includes the person for the time being entitled to the reversion immediately expectant on the determination of the Term;

 

1.12  "this Lease" means this Lease and any document which is made supplemental hereto, or which is entered into pursuant to or in accordance with the terms hereof;

 

1.13  "Particulars" means the description and terms appearing on the preceding pages headed 'Lease Particulars' which comprise part of this Lease;

 

1.14  "Planning Acts" means the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Listed Buildings Act 1990, the Planning (Hazardous Substances) Act 1990, the Planning (Consequential Provisions) Act 1990 and the Planning and Compensation Act 1991, and includes any other applicable town and country planning legislation;

 

1.15  "Tenant" means the party named as 'Tenant' in the Particulars;

 

1.16  "Term" means the term of years stated in the Particulars;

 

1.17  "Utilities" means water, soil, steam, air, electricity, radio, television, telegraphic, telephone, telecommunications and other services and supplies of whatsoever  nature'

 

 

2.    INTERPRETATION

 

UNLESS there is something in the subject or context inconsistent therewith:-

 

2.1    words importing persons shall include firms,  companies  and corporations and vice versa;

 

2.2    any covenant by the Tenant not to do any act or thing shall include an obligation not to permit or suffer such act or thing to be done;

 

2.3    any obligation by a party comprising more than one person or body corporate is joint and several

 

2.4    references to any right of the Landlord to have access to or entry upon the Demised Premises shall be construed as extending to all persons authorised by the Landlord, including agents, professional advisers, contractors, workmen and others;

 

2.5    any reference to a statute (whether specifically named or not) shall , include any amendment or re-enactment of such statute for the time being  in  force and  all  instruments, orders, notices,  regulations, directions, bye-laws, permissions and plans for the time being made, issued or given thereunder or deriving validity therefrom;

 

2.6    the titles or headings appearing in this Lease are for reference only and shall not affect its construction;

 

2.7    any reference to a clause or schedule shall mean a clause or schedule of this Lease

 

 

3.    DEMISE AND RENTS

 

THE Landlord HEREBY DEMISES unto the Tenant the Demised Premises TOGETHER WITH THE RIGHTS AND EASEMENTS (if any) specified in the  First Schedule  BUT EXCEPT AND  RESERVING the rights and easements specified in the Second Schedule SUBJECT TO all rights, easements, quasi-easements, privileges, covenants, restrictions and stipulations of whatsoever nature  affecting  the Demised Premises including the matters contained or referred to in the Deeds and documents listed in the Third Schedule TO HOLD the Demised Premises unto the Tenant from and including the Term Commencement Date for the Term YIELDING AND PAYING unto the Landlord during the Term

 

(a)          the Rent, and

 

(b)          all sums from time to time demanded pursuant to Clause 4 of this Lease

 

 

4.    TENANT'S COVENANTS

 

THE Tenant HEREBY COVENANTS with the Landlord as follows:-

 

4.1  Rents

 

To pay to the Landlord all sums arising and due under Clause 3 of this Lease the Rent to be paid to the Landlord if demanded.

 

4.2  Interest on arrears

 

Without prejudice to any other right, remedy or power herein contained or otherwise available to the Landlord, if any sum payable to the Landlord by the Tenant under this Lease shall remain unpaid for fourteen days after the date when payment was due, to pay interest thereon at the Prescribed Rate from and including the date on which payment was due to the date of payment to the Landlord (both before and after any judgement)

 

4.3  Outgoings

 

(a) To pay and indemnify the Landlord against all existing and future rates, taxes , duties, charges, assessments , impositions and outgoings whatsoever (whether parliamentary, parochial, local or of any other description and whether or not of a non-recurring nature or of a wholly novel character) which now are or may at any time during the Term be charged, levied, assessed or imposed upon or payable in respect of the Demised Premises (excluding any tax payable by the Landlord occasioned by any disposition of or dealing with the reversion of this Lease)

 

(b) To indemnify the Landlord against any loss to the Landlord of void rating relief which may be applicable to the Demised Premises by reason of the Demised Premises being vacant after the end of the Term (or any earlier determination thereof) on the ground that such relief has already been allowed to the Tenant;

 

(c) To pay all charges for electricity, gas and water consumed at the Demised Premises including any connection and hiring charges and meter rents and to perform and observe all present and future regulations and requirements of the electricity, gas and water supply authorities or boards in respect of the supply and consumption of electricity, gas and water on the Demised Premises and to keep the Landlord indemnified against any breach thereof;

 

(d) To pay all charges for cleaning maintenance and security undertaken by the Landlord at the Demised Premises;

 

(e) To pay and indemnify the Landlord against all other outgoings associated with the Tenant's use of the Demised Premises including all fees to the Performing Rights Society and for the possession of the necessary licenses for Music and Dancing, Licenses for the sale of liquor and any other legal obligations necessary for the functioning of the Premises for its cultural and social activities ;

 

4.4  Repairs and Maintenance

 

(a) To repair and keep in good and substantial repair and condition the internal parts of the Demised Premises and when necessary to replace any of the Landlord's fixtures and fittings which may be or become beyond repair with new ones which are similar in type and quality

 

(b) To keep all parts of the Demised Premises which are not built upon  in a good and clean condition, adequately surfaced and reasonably free of weeds , and all landscaped  areas properly cultivated and maintained, and all trees (if any) preserved;

 

4.5  To repair maintain and keep in good condition all fences marked with a "T" along the boundaries of the Demised Premises;

 

4.6  To repair at its own expense to the Landlord's reasonable satisfaction any damage caused to the structural parts of the Demised Premises as a result of any actions or neglect on the part of the Tenant or its workmen contractors or agents or anyone authorised by the Tenant;

 

4.7  Decorations

 

To keep the interior and exterior of the Demised Premises in a good state of decoration and where necessary to prepare treat and decorate in a good and workmanlike manner from time to time those parts of the Demised Premises in need of decoration in such colours and materials as the Landlord may reasonably require;

 

4.8  To carry out at its own cost and to the Landlord's satisfaction all electrical works required at the Demised Premises to meet all Health and Safety standards and requirements;

 

4.9  Plant and machinery

 

To keep all plant, machinery, apparatus and equipment in the Demised Premises in good condition;

 

 

 

4.10 Cleaning

 

To keep the Demised Premises in a clean and tidy condition AND at least once in every month properly to clean both sides of all windows and window frames and all other glass in the Demised Premises;

 

4.11 Site Security

 

To keep the Demised Premises secure at all times and take all necessary steps to ensure that the Demised Premises and all chattels located on or within them are as far as reasonably possible fully protected from unlawful entry theft or damage

 

4.12 Areas in Common

 

To pay and contribute on demand to the Landlord a due proportion (to be fairly and properly determined by the Landlord according to user and the length of the Tenant's occupation of the Demised Premises) to the costs of the maintenance and repair of the areas on the Plan coloured brown, green and yellow together with a due proportion of the running costs of any services in the common areas including, but not limited to, lighting and services serving the same and fencing

 

4.13 Common facilities

 

[To pay and contribute on demand to the Landlord a fair and due proportion (the percentage apportionment based on the current area of the Community Hall as a percentage of the total area of the New Howe Dell development amounting to 5.09%) of the costs, charges, fees and expenses properly expended or incurred by the Landlord in repairing, maintaining, cleansing and lighting, as the case may be, any Conduits or other facilities and easements whatsoever which may belong to, or be capable of being used in common by the Demised Premises and any Adjoining Property and not otherwise dealt with under the terms of this Lease]

 

4.14   Rights of entry by Landlord

 

To permit the Landlord and all persons authorised by it with all necessary materials and appliances at all reasonable times upon reasonable prior notice (except in cases of emergency) to enter and remain upon the Demised Premises for any of the following purposes :-

 

(a)   to view and examine the state and condition of the Demised Premises and to take schedules or inventories of the Landlord's fixtures;

 

(b)   to exercise any of the rights excepted and reserved by this Lease;

 

(c)   for any other purpose connected with the interest of the Landlord in the Demised Premises, including, but not limited to, valuing or disposing of any interest of the Landlord;

 

4.15 To comply with notices

 

Whenever the Landlord shall give written notice to the Tenant of any defects, wants of repair or breaches of covenant,  the  Tenant  shall within sixty (60) days of such notice, or sooner if requisite, make good and remedy the breach of covenant to the reasonable satisfaction of the Landlord and if the Tenant shall fail within twenty-one (21) days of such notice, or as soon as reasonably possible in the case of emergency, to commence  and then diligently and expeditiously to continue to comply with such notice, the Landlord may enter the Demised Premises and carry out or cause to be carried out all or any of the works referred to in such notice and all costs and expenses thereby incurred shall be paid by the Tenant to the Landlord on demand and, in default of payment, shall be recoverable as rent  in arrear

 

4.16 Dangerous materials and use of machinery

 

(a) Not to keep in the Demised Premises any article or thing which is or might  become dangerous, offensive,  combustible,  inflammable, (other than as approved by the Landlord) radio-active or explosive or which might increase the risk of fire or explosion

 

(b) Not to keep or operate in the Demised Premises any machinery which shall be unduly noisy or cause unusual vibration or which is likely to annoy or disturb the owners and occupiers of the Adjoining Property;

 

(c) Not to keep or store on the Demised Premises any hazardous or noxious materials and substances

 

4.17 Overloading floors and services

 

(a) Not to overload the floors of the Demised Premises or suspend any excessive weight from the roofs, ceilings, walls, stanchions  or structure of the Demised Premises and not to overload the Utilities in or servicing the Demised Premises;

 

(b) Not to do anything which may subject the Demised Premises to any  strain  beyond  that  which  they  are  designed to  bear with due margin for safety, and to pay to the Landlord on demand all costs reasonably incurred by the Landlord in obtaining the opinion of a qualified structural engineer as to whether the structure of the Demised Premises is being or is about to be overloaded;

 

 

4.18 Conduits

 

Not to discharge into any Conduits any oil or grease or any noxious or deleterious effluent or substance whatsoever which may cause an obstruction or might be or become a source of danger , or which might injure the Conduits or the drainage system of the Demised Premises or the Adjoining Property

 

4.19 Disposal of refuse

 

Not to deposit on any part of the Demised Premises any trade empties , rubbish or refuse of any kind, other than in proper receptacles and not to burn any rubbish or refuse on the Demised Premises

 

4.20 Obstruction of common areas

 

Not to obstruct nor damage any road, path, forecourt or other area over which the Tenant may have rights of access

 

4.21 User

 

(a) Not to use the Demised Premises or any part thereof except for the Permitted User;

 

(b) Not to leave the Demised Premises continuously unoccupied for more than thirty (30) days without notifying the Landlord and providing such caretaking or security arrangements as the Landlord shall reasonably require in order to protect the Demised Premises from vandalism, theft or unlawful occupation;

 

(c)   To ensure that, at all times , the Landlord has written notice of the name, home address and home telephone number of at least two keyholders of the Demised Premises;

 

(d)   Not to apply for, or to allow any person to apply for, a licence to sell alcoholic beverages from the Demised Premises for consumption either on or off of the Demised Premises.

 

4.22 Nuisance

 

Not to do anything in or about the Demised Premises which may be or become a nuisance, or which may cause damage, annoyance, inconvenience or disturbance to the Landlord or the owners, tenants or occupiers of the Adjoining Property, or which  may be injurious to the value, tone, amenity or character of the Demised Premises

 

4.23 Alterations

 

(a) Not to make any alterations or additions to the Demised Premises to any of the Conduits serving it without the prior written consent of the Landlord which may be refused or made subject to such conditions as the Landlord in its absolute discretion shall deem fit

 

(b) without prejudice to the generality of the aforegoing clause the Landlord may, as a condition of giving any such consent, require the Tenant to enter into such covenants as the Landlord shall require, regarding the execution of any such works and the reinstatement of the Demised Premises at the end or sooner determination of the Term

 

4.24 Signs and advertisements

 

Not to erect or display on the exterior of the Demised Premises or in the windows thereof so as to be visible from the  exterior,  any  pole, flag, aerial , advertisement, poster, notice or other sign or thing whatsoever, without obtaining the prior written consent of the Landlord to the size, style and the position thereof and the materials to be used , such consent not to be unreasonably withheld in the case of a sign advertising the use of the Demised Premises as a Community Hall

 

4.25 Alienation

 

Not to assign, underlet or charge the whole or any part or parts of the Demised Premises nor to part with possession or share the occupation of the whole or any part or parts of the Demised Premises or permit any person to occupy the same  save that the Tenant is permitted to allow members of the public, community and voluntary organisations to use the Demised Premises on a daily basis, the general form of agreement for use to be agreed with the Landlord

 

4.26 Pollution

 

Not to discharge into any Conduits or into the ground any fluid or substance of a poisonous or noxious nature or of a kind calculated to pollute the water of any stream or river or any Adjoining Property and not to do anything that causes the waters of any stream or river or the ground water  of any Adjoining Property to be polluted or the composition of them to be so changed as to render the Landlord liable to any action or proceedings by any person

 

4.27  Landlord's costs

 

To pay and  indemnify the Landlord against all reasonable costs, fees, charges, disbursements and expenses properly incurred  by  the Landlord, including , but not limited to, those payable to solicitors, counsel, architects, surveyors and bailiffs:-

 

(a) in relation to or in reasonable contemplation of the preparation and service of a notice under Section 146 of the Law of Property Act 1925 and of any proceedings under Section 146 or 147 of that Act ( whether or not any right of re-entry or forfeiture  has been waived by the Landlord or a notice served under section 146 is complied with by the Tenant or the Tenant has been relieved under the provisions of the Act and notwithstanding forfeiture is avoided otherwise than by relief granted by the Court) ;

 

(b) in relation to or in contemplation of the preparation and service of all notices and schedules relating to wants of repair, whether served during or after the expiration of the Term ( but relating in all cases only to such wants of repair that accrued not later than the expiration or sooner determination of the Term);

 

(c) in connection with the recovery or attempted recovery of arrears of rent or other sums due from the Tenant, or in procuring the remedying of the breach of any covenant by the Tenant;

 

(d) in relation to any application for consent required or made necessary by this Lease (such costs to include reasonable surveyors' fees and expenses) whether or not the same is granted (except in cases where the Landlord is obliged not to unreasonably withhold its consent and the withholding of its consent is held to be unreasonable), or whether the application be withdrawn

 

4.28 Statutory  requirements

 

(a) At the Tenant's own expense, to comply in all respects with the provisions of the Defective Premises Act 1972 and the Health and Safety at Work etc. Act 1974 and every other statute or regulation now in force or which may hereafter be in force and any other obligations imposed by law relating to the Demised Premises or the user thereof

 

(b) To execute all works and provide and maintain all arrangements upon or in respect of the Demised Premises or the user thereof, which are directed or required (whether by the Landlord, tenant or occupier) by any statute now in force or which may hereafter be in force or by any government department, the Environment Agency local or other competent authority or duly authorised officer or court of competent jurisdiction acting under or in pursuance of any statute and to indemnify and keep the Landlord .indemnified against all costs, charges, fees and expenses of or incidental to the execution of any works or the provision or maintenance of any arrangements so directed or required;

 

(c) Not to do or omit to be done in or near the Demised Premises, any act or thing by reason of which the Landlord may,  under any statute , incur or have imposed upon it or become liable to pay any penalty, damages, compensation, costs, charges or expenses

 

4.29 Planning Acts

 

(a) To comply with the provisions and requirements of the Planning Acts and of any planning permissions relating to or affecting the Demised Premises and to indemnify and keep the Landlord indemnified against all actions, proceedings, claims, demands, losses, costs, expenses, damages and liability whatsoever in respect of any non-compliance;

 

(b) Not to make any application for planning permission in respect of the Demised Premises save as mentioned in sub-clause 4.28(a) and then only with the Landlord's consent

 

(c) At the expense of the Tenant, to obtain , and if appropriate, to renew all planning permissions and any other consents and to serve all necessary notices required for the carrying out by the Tenant of any operations or the commencement or continuance of any use on the Demised Premises which may constitute Development;

 

(d) To pay and satisfy any charge or levy imposed under the Planning Acts in respect of any Development by the Tenant on the Demised Premises;

 

(e) Not to implement any planning permission before it has been produced to and approved in writing by the Landlord, such approval not to be unreasonably withheld Provided That the Landlord may refuse to approve such planning permission on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, in the reasonable opinion of the Landlord, be or be likely to be prejudicial to the Landlord's interest in the Demised Premises or in any Adjoining Property, whether during or following the expiration or sooner determination of the Term;

 

4.30 Statutory notices

 

Within fourteen (14) days of receipt of the same (or sooner if requisite having regard to the requirements of the notice or order in question or the time limits stated therein) to produce to the Landlord a true copy and any further particulars required by the Landlord of any notice or order or proposal for the same given to the Tenant and relevant to the Demised Premises or the occupier thereof by any government department or local or public authority, and, without delay, to take all necessary steps to comply with the notice or order so far as the same is the responsibility of the Tenant, and, at the request of the Landlord but at the cost of the Tenant, to make or join with the Landlord in making such objection or representation against or in respect of any such notice, order or proposal as the Landlord shall deem expedient

 

 

 

4.31 Fire precautions and equipment

 

(a) To comply with the requirements and recommendations  of the fire authority, the insurers of the Demised Premises and the Landlord in relation to fire precautions affecting the Demised Premises;

 

(b) To keep the Demised Premises supplied and equipped with such fire fighting and extinguishing appliances as shall be required by any statute, the fire authority or the insurers of the Demised Premises or as shall be reasonably required by the . Landlord and  such  appliances shall be open to inspection and shall be maintained to the reasonable satisfaction of the Landlord;

 

(c) Not to obstruct the access to or means of working any fire fighting and extinguishing appliances or the means of escape from the Demised Premises in case of fire or other emergency

 

4.32 Defective premises

 

Forthwith upon becoming aware of the same, to give written notice to the Landlord of any defect in the Demised Premises which might give rise to an obligation on the Landlord to do or refrain from doing any act or thing so as to comply with the duty of care imposed on the Landlord pursuant to the Defective Premises Act 1972, and to display and maintain in the Demised Premises all notices which the Landlord may, from time to time, reasonably require to be displayed in relation thereto

 

4.33 Encroachments and easements

 

Not to stop up, darken or obstruct any of the windows or lights belonging to the Demised Premises and not to permit any new window, light, opening, doorway, passage, Conduit or other encroachment or easement to be made or acquired into, upon or over the Demised Premises or any part thereof, and in case any  person shall attempt to make or acquire any encroachment or easement whatsoever, to give written notice thereof to the Landlord immediately the same shall come to the notice of the Tenant, and, at the request of the Landlord but at the cost of the Tenant, to adopt such means as may be reasonably required by the Landlord for preventing any such encroachment or the acquisition of any such easement

 

4.34 Reletting notices

 

To permit the Landlord at all reasonable times during the last six (6) months of the Term to enter upon the Demised Premises and affix and retain without interference upon any suitable parts of the Demised Premises (but not so as materially to affect the access of light and air to the Demised Premises) notices for reletting or selling the same and not to remove or obscure the said notices and to permit all persons with the written authority of the Landlord to view the Demised Premises at all reasonable hours in the daytime , upon prior appointment having been made

 

4.35 Indemnity

 

To keep the Landlord fully indemnified from and against all actions, proceedings, claims, demands, losses, costs, expenses, damages and liability arising in any way directly or indirectly out of any act, omission or negligence of the Tenant or any persons in the Demised Premises expressly or impliedly with the Tenant's authority or any breach of the Tenant's covenants and the conditions and other provisions contained in this Lease

 

4.36 Taxation

 

Notwithstanding anything contained in this Lease, not to do on or in relation to the Demised Premises or any part thereof or in relation to any interest of the Tenant therein any act or thing (other than the payment of the rents reserved by this Lease) which shall render the Landlord liable for any tax, levy, charge or other fiscal imposition of whatsoever nature, and not to dispose of or deal with this Lease in such a way that the Landlord shall be or become liable for any such tax, levy, charge or fiscal imposition

 

 

4.37 Value Added Tax

 

Where by virtue of any of the provisions of this Lease the Tenant is required to pay, repay or reimburse to the Landlord or any person or persons any rents, premium, cost, fee, charge, insurance premium, expense or other sum or amount whatsoever in respect of the supply of any goods and/or services by the Landlord or any other person or persons the Tenant shall also be required in addition to pay or (as the case may be) keep the Landlord indemnified against:-

 

(a) The amount of any Value Added Tax which may be chargeable in respect of such supply to the Tenant;

 

(b) The amount of Value Added Tax chargeable on any other person (or chargeable on the Landlord in the case of supplies which the Landlord is deemed to make to itself) in respect of supplies the cost of which is included in the calculation of the sums which the Tenant is required to pay, repay or reimburse to the Landlord, save to the extent that such Value Added Tax is recoverable by the Landlord by virtue of the supply by the Landlord of any goods and/or services in respect of this Lease being subject to Value Added Tax;

 

and, in default of payment, the same shall be recoverable as rent in arrear

 

 

 

 

4.38 Yield up

 

(a) Immediately prior to the expiration or sooner determination of the Term, at the cost of the Tenant:-

 

(i)    to replace any of the Landlord's fixtures and fittings which shall be missing, broken, damaged or destroyed after today's date (fair wear and tear excepted), with ones of similar kind and quality to those there at the date of this Lease or (at the option of the Landlord) to pay to the Landlord the cost of replacing any of the same;

 

(ii)   to remove from the Demised Premises any moulding, sign, writing or painting of the name or business of the Tenant or occupiers and all tenant's fixtures , fittings, furniture and effects and to make good, to the reasonable satisfaction of the Landlord, all damage caused by such removal;

 

(iii)   if so required by the Landlord, but not otherwise, to remove and make good all alterations or additions made to the Demised Premises during the Term and well and substantially to reinstate the Demised Premises in such manner as the Landlord shall direct to its reasonable satisfaction;

 

(b)   At the expiration or sooner determination of the Term, quietly to yield up the Demised Premises to the Landlord in a state of repair in accordance with the covenants by the Tenant contained in this Lease and the Schedule of Conditions

 

 

5.    LANDLORD'S  COVENANTS

 

Quiet enjoyment

 

THE Landlord HEREBY COVENANTS with the Tenant that the Tenant paying the rents reserved by this Lease and performing and observing the covenants on the part of the Tenant herein contained shall and may peaceably hold and enjoy the Demised Premises during the Term without any interruption by the Landlord or any person lawfully claiming through, under, or in trust for it;

 

Repairs and Maintenance

 

To repair and keep in good and substantial repair and condition the external parts of the Demised Premises

 

6.    INSURANCE

 

6.1  Tenant to Insure

 

The Landlord shall insure and keep insured in either the joint names of the Landlord and the Tenant, or in the name of the Landlord with the Tenant named on the policy, with some publicly quoted insurance company or with Lloyds' Underwriters as approved by the Landlord:

 

(a) the Demised Premises subject to such exclusions excesses and limitations as may be imposed by the insurers in the full reinstatement cost of the Demised Premise as reasonably specified by the Landlord against loss or damage by the Insured Risks including architects' surveyors' and other professional fees (and value added tax thereon) and expenses incidental thereto the cost of shoring up demolition and site clearance and similar expenses;

 

(b) property owner’s liability for pollution caused by non-gradual means and such other insurances as the Landlord may from time to time reasonably deem necessary to effect

 

(c) public liability insurance to a minimum value of Ten Million Pounds  (£10,000,000)

 

6.2  Landlord to produce evidence of insurance

 

At the request of the Tenant the Landlord shall produce to the Tenant a copy of the policy of such insurance and a copy of the receipt for the last premium.

 

6.3  Destruction of the Demised Premises

 

If the Demised Premises or any part thereof are destroyed or damaged subject to the Tenant obtaining any necessary planning permission and all other necessary licences approvals and consents in respect of which the Tenant shall use its reasonable endeavours to obtain the Tenant shall commence to rebuild and reinstate the premises so destroyed or damaged as the same were prior to any such destruction or damage and the insurance monies shall be expended for that purpose.  The Landlord shall make up any such deficiency out of its own monies;

 

6.4  Insurance becoming void

 

The Tenant shall not do or omit to do anything that could cause any policy of insurance in respect of or covering the Demised Premises or any Adjoining Property owned by the Landlord to become void or voidable wholly or in part

 

6.5  Requirements of insurers

 

The Tenant shall at all times comply with all the requirements of the insurers

 

6.6  Insurance Monies

 

If this Lease is determined at any time after the Demised Premises (or any part thereof) have been destroyed or damaged by any of the Insured Risks but prior to the reinstatement or rebuilding of the Demised Premises (or the relevant part thereof) then the Tenant shall forthwith pay to the Landlord all insurance monies which it has received and the Landlord shall  be entitled to all of the insurance monies then outstanding but unpaid absolutely

 

7.    PROVISOS

 

PROVIDED   ALWAYS   AND    IT   IS   HEREBY   AGREED   AND

DECLARED as follows:-

 

7.1  Forfeiture

 

Without prejudice to any other right, remedy or power herein contained or otherwise available to the Landlord:-

 

(a)   if the rent reserved by the Leases or any part thereof shall be unpaid for fourteen (14) days after becoming payable (whether formally demanded or not); or

 

(b)   if any of the covenants by the Tenant contained in this Lease or in the Services Agreement shall not be performed and observed; or

 

THEN , and in any such case, the Landlord may at any time thereafter re-enter the Demised Premises or any part thereof in the name of the whole and thereupon the Term shall absolutely cease and determine but without prejudice to any rights or remedies which may then have accrued to the Landlord against the Tenant and the Surety in respect of any antecedent breach of any of the covenants contained in this Lease.

 

7.2  No implied easements

 

Nothing herein contained shall impliedly confer upon or grant to the Tenant any easement, right or privilege other than those expressly granted (if any) by this Lease

 

7.3  Exclusion of warranty as to user

 

(a)   Nothing contained in this Lease or in any consent granted by the Landlord under this Lease shall imply or warrant that the Demised Premises may be used under the Planning Acts for the purpose herein authorised or any purpose subsequently authorised and the Tenant hereby acknowledges and admits that the Landlord has not given or made at any time any representation or warranty that any such use is or will be or will remain a permitted use under the Planning Acts;

 

(b)   Notwithstanding that any such use might not be a permitted use under the Planning Acts, the Tenant shall remain fully bound and liable to the Landlord in respect of the obligations undertaken by the Tenant in this Lease without being entitled to any compensation, recompense or relief of any kind whatsoever;

 

7.4  Representation

 

The Tenant acknowledges that this Lease has not been entered into in reliance wholly or partly on any statement or representation made by or on behalf of the Landlord, except any such statement or representation that is expressly set out in this Lease

 

7.5  Covenants relating to adjoining property

 

Nothing contained in or implied by this Lease shall give the Tenant the benefit of or the right to enforce or to prevent the release or modification of any covenant, agreement or condition entered into by any tenant of the Landlord in respect of any property not comprised in this Lease

 

 

 

7.6  Effect of waiver

 

Each of the Tenant's covenants shall remain in full force both at law and in equity notwithstanding that the Landlord shall have waived or released temporarily any such covenant, or waived or released temporarily or permanently, revocably or irrevocably a similar covenant or similar covenants affecting other property belonging to the Landlord

 

7.7  Exclusion of statutory compensation

 

Except where any statutory provision prohibits or modifies the right of the Tenant to compensation being reduced or excluded by agreement, neither the Tenant nor any undertenant (whether immediate or not) shall be entitled, on quitting the Demised Premises or any part thereof to claim any compensation from the Landlord under the Landlord and Tenant Act 1954

 

7.8  Notices

 

(a) Any demand or notice required to be made, given to, or served on the Tenant under this Lease shall be duly and validly made, given or served if addressed to the Tenant and delivered personally, or sent by pre-paid registered or recorded delivery mail, or sent by telex or telegraphic facsimile transmission addressed to The Town Clerk at the Council Offices, Birchwood Leisure Centre, Longmead, Hatfield, Herts AL10 0AN

 

(b) Any notice required to be given to or served on the Landlord shall be duly and validly given or served if sent by pre-paid registered or recorded delivery mail, or sent by telex or telegraphic facsimile transmission addressed to the Landlord and marked for the attention of the [                    ]

 

 

 

7.9  Exclusion of Landlord and Tenant Act 1954

The parties confirm that:

7.9.1       the Landlord served a notice on the Tenant, as required by section 38A(3)(a) of the Landlord and Tenant Act 1954, applying to the tenancy created by this lease, before this lease was entered into (a certified copy of which notice is annexed to this lease);

7.9.2       [         ] who was duly authorised by the Tenant to do so made a statutory declaration dated [                             ] in accordance with the requirements of section 38A(3)(b) of the Landlord and Tenant Act 1954 (a certified copy of which statutory declaration is annexed to this lease); and

7.9.3       there is no agreement for lease to which this lease gives effect.

The parties agree that the provisions of sections 24 to 28 of the Landlord and Tenant Act 1954 are excluded in relation to the tenancy created by this lease.

 

7.10 The Parties’ Option to determine

 

(a) The Landlord may determine this Lease by giving six months written notice to the Tenant expiring at any time and on the expiration of such notice this Lease shall absolutely cease and determine without compensation becoming payable to the Tenant but without prejudice to any rights and remedies which may then have accrued to the Landlord in respect of any antecedent breach of any of the covenants contained in this Lease

 

(b) The Tenant may determine this Lease by giving six months written notice to the Landlord expiring at any time provided that at the time of service of such notice there is no breach of the tenants covenants in this Lease and on the expiration of the notice this Lease shall absolutely cease and determine but without prejudice to any rights and remedies which may then have accrued to the Landlord in respect of any antecedent breach of any of the covenants contained in this Lease

 

 

IN WITNESS whereof this Deed has been executed by the parties hereto and is intended to be and is hereby delivered on the date first above written

 

FIRST SCHEDULE

  Rights Granted

 

1.  The free and uninterrupted passage and running of the Utilities through the Conduits which are now or may at any time be in under or passing through or over the Adjoining Property and which serve the Demised Premises

 

2.  The right for the Tenant and all persons expressly or by implication authorised by him - in Common with the Landlord -to:

 

(a)   pass and repass on foot along the Pedestrian Access in connection with use of the Community Hall

 

(b)   to pass and repass with or without vehicles on the Vehicular Access in connection with use of the Community Hall

 

(c)   to park motor vehicles in the Shared Car Park area whilst using the Community Hall

 

(d)   to pass and repass with or without vehicles over the area of Access for Building Repair for the purpose of maintaining or repairing the Demised Premises

 

 

 

 

 

SECOND SCHEDULE

Exceptions and Reservations

 

The following rights and easements are excepted and reserved out of the Demised Premises to the Landlord and the tenants and occupiers of the Adjoining Property and all other persons authorised by the Landlord or having the like rights and easements:-

 

1.  The free and uninterrupted passage and running of the Utilities through the Conduits which are now, or may at any time be in, under, or passing through or over the Demised Premises;

 

2.  The right at all times and for all purposes to pass and repass with or without vehicles over and along any accessway within the Demised Premises to gain access to and egress from the Adjoining Property

 

3.  The right, at all reasonable times upon reasonable prior notice, except in cases of emergency, to enter (or, in cases of emergency or after the giving of reasonable notice during the Tenant's absence, to break into and enter any buildings on the Demised Premises) the Demised Premises in order to:-

 

(a)   inspect, cleanse, maintain, repair, connect, remove, lay, renew, relay, replace with others, alter or execute any works whatever to or in connection with the Conduits and any other services;

 

(b)     execute repairs, decorations, alterations and any other works to the Adjoining Property or to do anything whatsoever which the Landlord may do under this Lease;

 

(c)     to carry out any of the matters mentioned in Clause 4.14 PROVIDED THAT the Landlord or the person exercising the foregoing rights shall cause as little inconvenience as possible to the Demised Premises and shall make good, without delay, any damage thereby caused to the Demised Premises;

 

 

4.  The rights of light, air, support, protection and shelter and all other easements and rights now or hereafter belonging to or enjoyed by the Adjoining Property

 

5.  Full right and liberty at any time hereafter to raise the height of, or make any alterations or additions or execute any other works to any buildings on the Adjoining Property, or to erect any new buildings of any height on the Adjoining Property in such a manner as the Landlord or the person exercising the right shall think fit notwithstanding the fact that the same may obstruct, affect or interfere with the amenity of the Demised Premises or the passage of light and air to the Demised Premises but not so that the Tenant's use and occupation thereof is materially affected;

 

6.  The right at all times with or without vehicles to enter upon the Demised Premises to gain access to and to use, inspect, cleanse, maintain, repair, remove, lay, renew, relay, replace, alter or execute any works whatever to the fuel pump storage tanks and associated apparatus

 

7.  The right to allow access to the Demised Premises by third party users provided that such access and use shall not compromise the day to day management of the Demised Premises nor conflict with the activities under the Services Agreement

 

PROVIDED THAT any rights or easements excepted and reserved in this Schedule over anything which is not in being at the date hereof shall be effective only in relation to any such thing which comes into being before the expiry of eighty  (80) years from  the date hereof (which shall be the perpetuity period applicable hereto)

 

 

THIRD SCHEDULE

Deeds and documents containing matters to which the Demised Premises are subject

 

HM Land Registry Title Number HD590146

All matters contained or referred to in the register of the title of the above numbered title

 

 

The Common Seal of                                   )

HATFIELD TOWN COUNCIL                   )

was hereunto affixed in the presence of:- )

(NB No map or plan attached)


 

AGENDA ITEM 13

 

REPAIR & MAINTENANCE OF COUNCIL PROPERTIES

 

 

Boilers-

 

Oxlease house:

 

The most recent Gas Certificate for the boiler has highlighted that the boiler is ‘on its last legs’

The cost for this is going to be approx. £4000 and will need replacing within the next 6 months, if not sooner

 

Birchwood:

 

The first price I have had for this is £7500, I am waiting on 2 more.

 

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Lemsford doors:

 

Both the front and back doors are in need of replacing, they are over 20 years old. I am concerned that with the nursery using the hall, I cannot afford for them to stop working.

 

I am looking at approx. £4000 to have them replaced.

 

Strategic Plan

Keeping our buildings well maintained and compliant

Equalities

N/A

Environmental/Sustainability

Looking at all options for the most environmental option.

Crime & Disorder

N/A

Financial

Listed above

Resources (including workforce)

N/A

Risk Management

Not being well maintained and compliant- our income will be affected due to not being able to hire out.

 

Report by A. Ogilvie, Head of Estates