You are a trainee solicitor in the Legal Department
You are a trainee canvasser in the Legal Department of North Willington District Council in Lincolnshire. The Council ‘s reference is The District Council Offices, Main Street, Sleaford, Lincolnshire NG31 7FL.
The Council owns a little prefabricated edifice adjacent to a public auto park ( which it besides owns ) in the town of Tamborough. The edifice is known as the Pavilion and is situated in Park Road, Tamborough, Lincolnshire NG25 5FL. Entree to the Pavilion is obtained straight from the public auto park. The edifice has no lavatory installations but there are public lavatories following door to the Pavilion.
The Pavilion has been used for a figure of different activities in the past and late Jane Baxter approached the Estate Department of the Council to see if it would be willing to let her to utilize it. Jane is a qualified physical preparation teacher who has late taken voluntary redundancy. She is now retraining for a new calling in leisure industry direction.
To assist with the support of her retraining programme, she has set up a slimming and fittingness nine known as “ Slim Gym ” . She holds hebdomadal Sessionss for her members in which she gives them advice on developing a healthy life style, followed normally by some light aerobic-style exercisings. She has been keeping these Sessionss in her place but the increasing popularity of the nine means that she now needs premises which can suit all those desiring to go to. She would wish to run twice-weekly Sessionss for members at The Pavilion, ab initio for a short period of around four months. After that, she will make up one’s mind whether or non to go on with her nine. Much will depend on the demands of her retraining programme which may intend she will non hold the clip to go on – at least non on the same graduated table.
Your supervisor attended a meeting with a co-worker from the Council ‘s Estate Department yesterday. Jane was besides at that place and Document 1 is a note of that meeting.
Draft an understanding on behalf of the Council for blessing.
This LICENCE is made the of BETWEEN NORTH WILLINGTON DISTRICT COUNCIL ( hereinafter called ‘The Council’ ) and JANE BAXTER OF Montgomery Road, Sleaford, Lincolnshire NG34 8YU ( hereinafter called ‘The Licensee’ ) .
WHEREBY IT IS AGREED as follows:
- In consideration of the amount of ?160 ( plus V.A.T. ) per month ( herein called the ‘basic fee’ ) by the Licensee to the Council, which is collectible in progress on the 1stof each month, the Council hereby grants unto the Licensee the sole right of usage of that portion of the Pavilion of Park Road, Tamborough ( hereinafter called ‘the land’ ) as is identified on the program attached in the Schedule hereto, every Tuesday and Thursday between the hours of 11:00 and 13:30, for the continuance of this understanding merely and for the intent of keeping meetings of her slimming and fittingness nine, ‘Slim Gym’ .
- The term of this understanding shall get down on 5ThursdayJune 2007 and shall end on the 27ThursdaySeptember 2007, at which point this understanding will discontinue to run.
- This papers and its fond regards should be deemed to represent the lone binding understanding between The Council and The Licensee in regard of The Land, to the exclusion of all other written or verbal representations, statements, apprehensions, dialogues, or proposals.
- The Licensee’s first payment of the basic fee is due on the 1stJune and must be accompanied by a sedimentation of ?500 transferred from the Licensee to the Council. This sedimentation is to be taken as security for the observation of Jane ‘s duties under this understanding and will be returnable 28 yearss after this understanding comes to an terminal. If there are any outstanding sums owing by the Licensee to the Council, these will be deducted by the Council from the sedimentation.
- Should the Licensee require the usage of the land beyond the hours stipulated in subdivision 1 of this understanding, she should reach the Council and request permission of the same. The determination of whether or non to allow such permission to the Licensee, and besides the footings of this permission, shall be provided at the exclusive discretion of the Council.
- Where permission has been granted to the Licensee by the Council to go on her meetings beyond the hours stipulated in subdivision 1 of this understanding, the Licensee must adhere to the footings of this permission and will be charged, extra to the basic fee, ?5 ( plus V.A.T. ) for each hr ( or portion hr ) permitted.
- Payment for any extra hr ( s ) will be paid by the Licensee to the Council in arrears on the 1stof the following month. If, in the concluding month of this understanding, the Licensee has been granted permission by the Council to utilize the land beyond the hours stipulated in subdivision 1 of this understanding, so payment for the extra hours permitted during this month will be collectible within 28 yearss of the expiration of this understanding.
- The Licensee hereby agrees with the Council as follows:
- After each meeting session, to guarantee that the land is left in the same province of tidiness and cleanliness as it was prior to each session ;
- If the folding chairs, which are stacked in the corner of the land, are used by the Licensee during any session, these will be returned to their stacked place at the terminal of that session ;
- If the electronic lighting system is used by the Licensee during any session, it will be turned off at the terminal of each session ;
- Apart from a portable music participant, the Licensee will non convey any other electronic equipment onto the land, unless written permission to make so has foremost been obtained from the Council, at their exclusive discretion ;
- Apart from portable exercising mats, the Licensee will non convey any other exercising equipment onto the land, unless written permission to make so has foremost been obtained from the Council, at their exclusive discretion ;
- The Licensee will obtain public liability insurance for at least ?3 million lbs, and agrees to indemnify the Council for any claims for loss or harm howsoever originating during the hours stipulated in subdivision 1 ( and besides during any extra hours for which permission to utilize the land has been granted to the Licensee by the Council ) ;
- The Licensee agrees to detect all ordinances which the Council makes and notifies to her sing the usage of the land, and ;
- The Licensee understands that the footings of this understanding operatein personamand are non-transferable to any 3rd party.
- The Council hereby agrees with the Licensee as follows:
- The Council will be entirely responsible for the payment of any rates or other outgoings ( including electricity ) relating to the land during the period covered by the understanding ;
- The Council will guarantee that the Licensee is able to entree the land during the hours stipulated in subdivision 1 of this understanding ( and besides during any extra hours for which permission to utilize the land has been granted to the Licensee by the Council ) ;
- The Council will stay entirely responsible for guaranting that the entry doors to the land are locked after the Licensee has finished utilizing it and will indemnify the Licensee for any claims originating for loss or harm as a consequence of a failure to follow with this contractual term, and ;
- It will be the duty of the Council to advise the Licensee of any alterations which are made to the ordinances which the Council has made sing the usage of the land.
- If either party breaches any footings of this understanding, so the other party will be entitled to end this license understanding instantly and retain/demand any outstanding monies owed which will be collectible within 28 yearss of expiration.
THE SCHEDULE before referred to all that piece or package of land situated at the Pavilion of Park Road, Tamborough as the same is for the intent of placing merely delineated on the program annexed hereto and thereon edged ruddy.
On behalf of the Council