ࡱ> ruopqm NCbjbjjojo 7`bb99 ::8 lf?fN N "p p p %%%>>>>>>>$@Cr ?%V%"x%^%% ?::p p  ?+++%:8p p >F+%>++7|rO8p B6LX&+8>6?0f?=8D)$D$O8DO8<%%+%%%%% ? ?*6%%%f?%%%%D%%%%%%%%% B : DATE 20XX WREXHAM COUNTY BOROUGH COUNCIL - to - [XXX] ___________________ LEASE ___________________ of Mobile Building Garth County Primary School, Garth Road, Garth, Llangollen, Wrexham LL20 7UY Linda Roberts Chief Officer Governance and Customer Wrexham County Borough Council Guildhall Wrexham LL11 1AY Ref: ECW/WCBC-047885 PRESCRIBED CLAUSES LR1. Date of lease LR2. Title number(s) LR2.1 Landlords title number(s) CYM468540 LR2.2 Other title numbers LR3. Parties to this lease Give full names, addresses and companys registered number, if any, of each of the parties. For Scottish companies use a SC prefix and for limited liability partnerships use an OC prefix. For foreign companies give territory in which incorporated.Landlord Wrexham County Borough Council, Guildhall, Wrexham, LL11 1AY Tenant [XXX] c/o [XXX] Other parties None LR4. Property Insert a full description of the land being leased or Refer to the clause, schedule or paragraph of a schedule in this lease in which the land being leased is more fully described. Where there is a letting of part of a registered title, a plan must be attached to this lease and any floor levels must be specified. In the case of a conflict between this clause and the remainder of this lease then, for the purposes of registration, this clause shall prevail. Please refer to definition of the Premises in clause 1.1 of this Lease LR5. Prescribed statements etc. If this lease includes a statement falling within LR5.1, insert under that sub-clause the relevant statement or refer to the clause, schedule or paragraph of a schedule in this lease which contains the statement. In LR5.2, omit or delete those Acts which do not apply to this lease. LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act 1993) of the Land Registration Rules 2003. None LR5.2 This lease is made under, or by reference to, provisions of: NoneLR6. Term for which the Property is leased Include only the appropriate statement (duly completed) from the three options. NOTE: The information you provide, or refer to, here will be used as part of the particulars to identify the lease under rule 6 of the Land Registration Rules 2003. Please refer to definition of the Contractual Term in clause 1.1 of this Lease LR7. Premium Specify the total premium, inclusive of any VAT where payable. NilLR8. Prohibitions or restrictions on disposing of this lease Include whichever of the two statements is appropriate. Do not set out here the wording of the provision. This lease contains a provision that prohibits or restricts dispositions.LR9. Rights of acquisition etc. Insert the relevant provisions in the sub-clauses or refer to the clause, schedule or paragraph of a schedule in this lease which contains the provisions.LR9.1 Tenants 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 Tenants covenant to (or offer to) surrender this lease None LR9.3 Landlords 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 Insert the relevant provisions or refer to the clause, schedule or paragraph of a schedule in this lease which contains the provisions. NoneLR11. Easements Refer here only to the clause, schedule or paragraph of a schedule in this lease which sets out the easements.LR11.1 Easements granted by this lease for the benefit of the Property Please see Part I of Schedule 1 of this Lease LR11.2 Easements granted or reserved by this lease over the Property for the benefit of other property Please see Part 2 of Schedule 1 of this Lease LR12. Estate rentcharge burdening the Property Refer here only to the clause, schedule or paragraph of a schedule in this lease which sets out the rentcharge. NoneLR13. Application for standard form of restriction Set out the full text of the standard form of restriction and the title against which it is to be entered. If you wish to apply for more than one standard form of restriction use this clause to apply for each of them, tell us who is applying against which title and set out the full text of the restriction you are applying for. Standard forms of restriction are set out in Schedule 4 to the Land Registration Rules 2003. NoneLR14. Declaration of trust where there is more than one person comprising the Tenant If the Tenant is one person, omit or delete all the alternative statements. If the Tenant is more than one person, complete this clause by omitting or deleting all inapplicable alternative statements. THIS LEASE is made the XX day of XX 20XX BETWEEN:- 1 WREXHAM COUNTY BOROUGH COUNCIL of The Guildhall, Wrexham in the County Borough of Wrexham, LL11 1AY (hereinafter called the Landlord which expression shall include the person from time to time entitled to the reversion expectant on the term hereby granted) and [XXX] acting by its Trustees for the time being namely [XXX] c/o [ADDRESS] (Chairperson), and [XXX] c/o [ADDRESS] (Treasurer) (hereinafter called the Tenant which expression shall include the person from time to time entitled to the term hereby granted) NOW THIS DEED WITNESSES as follows:- 1 DEFINITIONS AND INTERPRETATION In this Lease:- 1.1 The following expressions have unless the context otherwise requires the following meanings: 1954 Act means the Landlord and Tenant Act 1954 1995 Act means the Landlord and Tenant (Covenants) Act 1995 Access Path means the shared access path shown coloured brown on the Plan Adjoining Land means the open land adjoining the Property forming part of the School Premises Building means the portable building now erected and any other building or buildings at any time erected on the whole or any part of the land comprised in the Premises Conduits means sewers drains pipes wires cables and other conduits including any associated manholes inspection chambers fixings louvres cowls and other covers Contractual Term means the period commencing on the XX day of XX and ending on the XX day of XX [10 years] subject to clause 7 Estate means the Landlords land and buildings at Garth County Primary School, Garth Road, Garth, Llangollen, Wrexham LL20 7UY Estate Roads means all roads provided by the Landlord on the Estate serving the Premises in common with other premises on the Estate Initial Rent 4,300.00(Four thousand three hundred Pounds) per annum Insurance Rent means the sums which the Landlord shall from time to time pay by way of premium for insuring the Premises in accordance with its obligations under the terms of this Lease Insured Risks means the risk of loss damage or destruction by fire lightning storm tempest flood explosion earthquake (fire and shock) impact by vehicles and aircraft and articles dropped therefrom riot civil commotion malicious damage bursting or overflowing of water tanks apparatus or pipes (together with such other insurable risks as the Landlord may from time to time specify) Interest means interest during the period from the date on which payment is due to the date of payment both before and after any judgment at the Interest Rate then prevailing Interest Rate means 4% per annum above the base lending rate from time to time of Barclays Bank Plc. or in the event that such base lending rate ceases to exist such other rate of interest as is most clearly comparable with such base lending rate as may be reasonably determined by the Landlord Landlords Fixtures & means those items goods and chattels belonging to the Fittings Landlord and situate on or in the Premises and those which are listed in the attached Schedule 5 Permitted Use means use for the wrap around provision of the Childcare Offer and other ancillary uses serving the children (aged 3-12 years) attending Dee Valley Federation schools or those living in the local area both during the educational term time and during school holidays and in accordance with the terms and conditions of CIW Plan means the plan annexed hereto reference 17/30/2 Planning Acts means the Town and Country Planning Act 1990 the Planning and Listed Buildings and Conservation Areas Act 1990 the Planning (Hazardous Substances) Act 1990 the Planning (Consequential Provisions) Act 1990 and all other legislation from time to time in force in relation to matters of town and country planning Premises means the mobile building and external area comprising approximately XX square metres located within the grounds of the School Premises shown edged red on the Plan Reinstatement Value means the full cost of rebuilding or reinstating the whole or any part of the Building together with all architects surveyors engineers and other professional fees and expenses the cost of shoring up debris removal demolition site clearance and any works required by legislation and other incidental expenses in connection with rebuilding or reinstatement due allowance being made for increases in costs fees and expenses during the period from the date of damage or destruction until the date of completion of such rebuilding or reinstatement Rent means the Initial Rent and the rent ascertained in accordance with Schedule 2 (and such expression does not include the Insurance Rent but the expression Rents includes the Rent and the Insurance Rent) Review Date(s) means the XX day of XX 20XX and XX day of XX 20XX Services means foul and surface water sewerage and drainage gas electricity steam fuel water telephonic and electrical impulses or other signals and any other services required for the beneficial use of the Premises or the Adjoining Land Surveyor means the Landlords Strategic Assets Lead or such other person or firm appointed by the Landlord in his place School Premises means the premises known as Garth County Primary School, Garth Road, Garth, Llangollen, Wrexham LL20 7UY and shown edged blue on the Plan Tenants Fixtures means the plant and machinery and all other fixtures and fittings situate on or in the Premises at any time during the currency of this Lease belonging to the Tenant Term means the Contractual Term 1.2 Words importing the neuter gender only shall include the masculine or feminine gender (as the case may be) and words importing the masculine gender only shall include the feminine gender and words importing the singular number only shall where the context so permits include the plural number and vice-versa 1.3 Where two or more persons constitute a party to this Lease covenants by that party herein contained or implied shall be deemed to be made by those persons jointly and severally 1.4 References to Adjoining Land and Premises as hereinbefore defined shall in the absence of any provision to the contrary include any part or parts thereof 1.5 Any reference to a specific statute regulation order or instrument includes any extension or modification or re-enactment of such statute regulation order or instrument and reference to a statute or statutes shall include any regulations orders or instruments made thereunder 1.6 The headings to the clauses sub-clauses and schedules of this Lease are inserted for ease of reference only and shall not affect the construction of this Lease 1.7 References to any right of the Landlord to have access to the Premises shall be construed as extending to any superior landlord and any mortgagee of the Premises and to all other persons reasonably authorised by the Landlord and any superior landlord or mortgagee (including agents professional advisers contractors workmen and others) 2 DEMISE 2.1 The Landlord hereby demises the Premises to the Tenant together with the rights specified in Part 1 of Schedule 1 (the Rights Granted) but excepting and reserving to the Landlord the rights specified in Part 2 of Schedule 1 (the Rights Reserved) TO HOLD the Premises to the Tenant for the Term yielding and paying to the Landlord: 2.1.1 from the date of this Lease until the day prior to the Review Date, the Initial Rent; 2.1.2 from the Review Date, the rent ascertained in accordance with Schedule 2; SUCH rent to be paid by equal monthly payments in advance on the first day of every calendar month (without any deduction or set off) (the first such payment to be made on the signing hereof being a sum in respect of the period from XX to and including XX 2.2 by way of further rent on demand (without any deduction or set off); 2.2.1 the Insurance Rent payable in accordance with clause 5.4.1.1, and 2.2.2 a contribution towards the repair and maintenance of accessways on the School Premises in accordance with clause 3.1.5 3 TENANTS COVENANTS The Tenant hereby covenants with the Landlord as follows:- 3.1 Rent and Outgoings 3.1.1 To pay the Rents hereby reserved on the days and in the manner specified in this Lease by direct debit to any bank account that the Landlord nominates or in such manner as the Landlord may from time to time reasonably direct in writing 3.1.2 To pay all rates taxes levies duties charges assessments and impositions (hereinafter called taxes) whether of an existing or novel kind now or at any time during the Term levied imposed or charged in respect of the Premises or any part thereof or upon the owner or occupier in respect of the Premises (other than taxes on the income of the Premises received by the Landlord and any taxes payable by the Landlord or any superior landlord in respect of any dealing or deemed dealing with any reversionary interest in this Lease) and a fair proportion (to be decided on by the Landlord) of any such taxes levied imposed or charged on the Premises in common with other property 3.1.3 To pay to the suppliers of and to indemnify the Landlord against all charges for all Services consumed or used at or in the Premises (including all and any standing charges and rents for meters) 3.1.4 To pay the Landlord by way of further rent on demand the Insurance Rent in the manner hereinafter appearing. 3.1.5 To pay a contribution towards the repair and maintenance of paths and accessways on the School Premises and to pay a 50% contribution towards the repair maintenance and renewal of the Access Path 3.1.6 To pay the Landlord by way of further rent on demand for [electricity and] water consumption at the Premises, such charges to be calculated in accordance with the Tenants use as calculated by the sub-meters [located in the School Premises], and such payments to be made quarterly/monthly in arrears 3.2 Repair 3.2.1 To keep and maintain the interior of the Building and the external ramp access area (if any) and any other structures now or at any time during the Term erected on the land comprised in the Premises in good and substantial repair and condition except damage caused by any of the Insured Risks other than where the insurance money is irrecoverable in consequence of any act or default of the Tenant or anyone at the Premises expressly or by implication with the Tenants authority 3.2.2 To maintain, repair and replace (as necessary) the fences and walls on the boundaries of the Premises shown marked with an inward facing T mark on the Plan 3.2.3 To maintain, repair and replace from time to time the Landlords Fixtures and Fittings which may be or become beyond repair at any time during or at the expiration of the Term 3.2.4 To clean the Premises and to keep them in a clean and tidy condition 3.2.5 Not to bring keep store stack or lay on any part of the Premises which may not be built upon or designated by the Landlord for the specific purpose any materials equipment plant crates cartons boxes waste refuse rubbish or any other item which is or might become untidy unclean unsightly or in any way detrimental to the Premises (or the School Premises generally) 3.2.6 Not to cause the Adjoining Land or School Premises to be untidy or in an unclean condition and in particular (but without prejudice to the generality of the foregoing) not to deposit any waste refuse rubbish or other materials on those areas 3.2.7 To return the Premises on expiration of the Term to the Landlord in no better state of repair or condition than it was at the date of this Lease as evidenced by the Schedule of Condition at Schedule 3. 3.2.8 Decoration Every three years of the Contractual Term (and if the Term extends beyond three years in the last year of the Term) to redecorate the interior of the Building in a good and workmanlike manner and with appropriate materials of good quality to the reasonable satisfaction of the Landlord any change in the tints colours and patterns of such decoration to be approved by the Landlord (such approval not to be unreasonably withheld nor delayed) 3.3 Permitted Use 3.3.1 Not to use or permit to be used the Premises or any part of them except for the Permitted Use or such other use as may from time to time be approved by the Landlord in its absolute discretion 3.3.2 Not to leave the Premises continuously unoccupied for more than one month without:- 3.3.2.1 notifying the Landlord; and 3.3.2.2 providing such caretaking and security arrangements as the Landlord shall reasonably require and/or the insurers of the Premises shall require so as to protect the Premises from vandalism theft damage or unlawful occupation 3.3.3 To use the Premises in accordance with the term of Planning Permission [P/INSERT NO.] and any further planning permission obtained in accordance with Schedule 4 3.3.4 The Landlord makes no representation or warranty that the Premises may be used for the Permitted Use and it is the Tenants responsibility to ensure its occupation of the Premises is in accordance with any condition of the Planning Permission 3.3.5 To comply with any statutory requirements required for the use of the Premises in accordance with the Permitted Use 3.4 Alterations etc. 3.4.1 Not to:- 3.4.1.1 commit any waste 3.4.1.2 make any addition to the Premises without the prior written consent of the Landlord (such consent to be at the absolute discretion of and on such terms as the Landlord may deem expedient) 3.4.1.3 unite the Premises with any adjoining premises 3.4.1.4 make any alteration to the Premises save as permitted by the following provisions of this clause 3.4.2 Not to make any internal non-structural alterations to the Building without:- 3.4.2.1 obtaining the prior written consent of the Landlord (such consent not to be unreasonably withheld nor delayed) and in seeking such consent the Tenant shall supply such drawings and specifications and proofs as the Landlord may reasonably require 3.4.2.2 obtaining and complying with all necessary consents of any competent authority providing the Landlord with copies of such consents and paying all charges of any such authority in respect of such consents 3.4.2.3 paying all and any professional fees incurred by the Landlord in considering and/or giving its consent to such alterations 3.4.2.4 entering into such covenants as the Landlord may reasonably require as to the execution and reinstatement of such alterations 3.4.2.5 notifying the insurers of the Premises prior to commencing any works and after completion thereof and paying to the Landlord by way of Insurance Rent any further or additional insurance premium occasioned by such works and in the case of any works of a substantial nature the Landlord may require prior to the commencement of such works the Tenant to provide a bond as assurance that such works as may from time to time be permitted by the Landlord shall be fully completed 3.4.3 To remove any additional buildings additions alterations or improvements made to the Premises at the expiration of the Term if so requested by the Landlord and to make good any part or parts of the Premises which may be damaged by such removal 3.4.4 Not to make connection with any Conduits that serve the Premises otherwise than in accordance with plans and specifications approved by the Landlord (such approval not to be unreasonably withheld nor delayed) subject to consent to make such a connection having previously been obtained from the competent statutory authority undertaker or other supplier of Services 3.4.5 Not to make any alterations or additions to the electrical installations of the Premises save in accordance with the standards and codes of practice laid down by the Institute of Electrical Engineers and the regulations of the authority supplying electricity to the Premises 3.5 Aerials, Signs and Advertisements 3.5.1 Not to erect any pole mast or wire (whether in connection with telegraphic telephonic radio or television communication or otherwise) upon the Premises 3.5.2 Not to affix to or exhibit on the outside of the Building or to or through any window of the Building nor display anywhere on the Premises any placard sign notice fascia board or advertisement except a sign of a type and specification as shall be approved by the Landlord (such consent not to be unreasonably withheld nor delayed) stating the Tenants name and details of the business carried on by it at the Premises 3.6 Statutory Obligations 3.6.1 At the Tenants own expense to execute all works and provide and maintain all arrangements upon or in respect of the Premises or the use to which the Premises are being put that are required in order to comply with the requirements of all and any legislation regardless of whether such requirements are imposed on the Landlord the Tenant or such other occupier of the Premises for the time being 3.6.2 Not to do in or near the Premises any act or thing by reason of which the Landlord may under all or any legislation incur have imposed upon it or become liable to pay any penalty damages compensation costs charges or expenses 3.6.3 Without prejudice to the generality of the above to comply in all respects with the provisions of all or any legislation or any other obligation imposed by law or by any bye-laws applicable to the Premises or the use for the time being carried on there 3.6.4 To indemnify and keep the Landlord fully and effectively indemnified against all damage or damages losses cost expenses actions proceedings claims demands or liabilities which may be brought or made against the Landlord as a consequence of any failure by the Tenant to comply with all requirements of all and any legislation as to the condition of the Premises and the user and the activities carried on at the Premises and any works or alterations executed or required to be executed on the Premises 3.7 Construction (Design and Management) Regulations 3.7.1 Without prejudice to the generality of clause 3.6.1, the Tenant must comply with the provisions of the Construction (Design and Management) Regulations 2015 (the CDM Regulations), be the only client, as defined in the provisions of the CDM Regulations, fulfil, in relation to all and any works, all the obligations of the client as set out in or reasonably to be inferred from the CDM Regulations, and make a declaration to that effect to the Health and Safety Executive in accordance with the Approved Code of Practice published from time to time by the Health and Safety Executive in relation to the CDM Regulations and the provisions of clause 5.4.1.4 are to have effect in any circumstances to which these obligations apply 3.7.2 At the end of the Term, the Tenant must forthwith deliver to the Landlord any and all Health and Safety files relating to the Premises in accordance with the CDM Regulations 3.8 The Regulatory Reform (Fire Safety) Order 2005 (the Order) as amended To comply with the requirements and the duties imposed by the Order as to fire safety at the Premises. In particular, the Tenant must:- 3.8.1 provide the Landlord with a written risk assessment for the Premises complying with the requirements of Article 9 of the Order within 14 days of completion of this Lease 3.8.2 keep the assessment up-to-date in compliance with Article 9 of the Order and provide the Landlord with a copy of any changes to it 3.8.3 provide a written copy of the current risk assessment to the Landlord not later than 14 days from the date of an inspection (noticed by the Landlord to the Tenant) by the Landlord of the Common Parts for the purposes of a review of the risk assessment of the Common Parts, the Landlord carrying out such review as often as it shall reasonably consider necessary in order to comply with Article 9(3) of the Order. 3.9 Access of Landlord and Notice to Repair 3.9.1 To permit the Landlord:- 3.9.1.1 to enter upon the Premises or any part thereof for the purposes of ascertaining that the covenants and conditions of this Lease have been observed and performed; and 3.9.1.2 to view (and to open up floors and other parts of the Premises where such opening up is required to view) the state of repair and condition of the Premises; and 3.9.1.3 to give to the Tenant (or leave on the Premises) a notice specifying any repairs cleaning maintenance or decoration that the Tenant has failed to execute in breach of the covenants and conditions of this Lease and to request the Tenant to execute such works (including the making good of any such opening-up) and specifying a reasonable time in which such works are to be carried out provided that any such opening-up shall be made good by and at the cost of the Landlord where such opening-up reveals no breaches of the covenants and conditions of this Lease 3.9.2 To carry out such works of repair cleansing maintenance and decoration with all due diligence and within the time specified in such notice 3.9.3 If within the time specified in such notice the Tenant shall not have commenced and be proceeding diligently with the execution of the work referred to in such notice or shall fail to complete the work by the expiry of the time specified in the notice for completing the work the Tenant shall permit the Landlord to enter onto the Premises to execute such work as may be necessary to comply with the notice and to pay to the Landlord the cost of so doing and all expenses incurred by the Landlord (including all and any professional fees) and such cost shall become a debt payable by the Tenant to the Landlord as rent 3.10 Alienation 3.10.1 Not to hold on trust or as agent for any other person or (save pursuant to a transaction permitted by and effected in accordance with the provisions of this Lease) assign transfer underlet charge mortgage or otherwise part with the possession of the whole or any part of the Premises or permit another to occupy the whole or any part of the Premises 3.10.2 Not to assign transfer mortgage charge or underlet the whole or any part of the Premises 3.10.3 Not to part with possession with the whole or part of the Premises without the prior written consent of the Landlord and approval from the Headteacher and/or the Board of Governors of Garth County Primary School by way of licence executed as a deed such consent not to be unreasonably withheld nor delayed to any permitted occupation of the Premises by another organisation in accordance with the following provisions 3.10.4 In relation to any permitted parting with possession:- 3.10.4.1 the Tenant will only be permitted to allow another party to occupy part or the whole of the Premises by way of a licence and subject to the conditions that:- (a) any licence will be to an organisation providing services of a community nature to the children (aged 0-12 years) of the local community, and (b) any licence will be for a period not exceeding 48 hours in any one case 3.10.5 To pay such costs as may reasonably be incurred by the Landlord in granting any licence in the pursuance of clause 3.10.3 herein 3.10.6 Within 28 days of any licence or other devolution relating to the Premises to produce for registration with the Landlords Chief Officer Governance and Customer such deed or document or certified copy of it and to pay the Landlords reasonable legal charges for the registration of every such document such changes not being less than 75.00 (seventy five pounds) together with any registration fee payable to any superior Landlord. 3.11 Nuisance 3.11.1 Not to do nor allow to remain upon the Premises anything which may be or become or cause a nuisance annoyance disturbance inconvenience injury or damage to the Landlord its tenants the owners or occupiers of adjacent or neighbouring premises including the School Premises 3.11.2 Not to use the Premises for a sale by auction or for any dangerous noxious or offensive trade business manufacture or occupation nor for any illegal or immoral act or purpose 3.11.3 Not to use the Premises as sleeping accommodation or for residential purposes nor keep any animal fish reptile or bird anywhere on the Premises 3.11.4 Not to install or keep in or upon the Premises any machinery apparatus or equipment the use or operation of which will cause noise or vibration which can be heard or felt by the Landlord its tenants the owners or occupiers of adjacent or neighbouring premises or which may cause structural damage to any adjacent or neighbouring premises 3.12 Landlords Costs 3.12.1 To pay to the Landlord on an indemnity basis all costs fees charges disbursements and expenses (including without prejudice to the generality of the foregoing legal and surveyors charges) incurred by the Landlord in relation or incidental to:- 3.12.1.1 every application made by the Tenant for a consent or licence required by the provisions of this Lease whether such consent or licence is granted or refused or proffered subject to any qualification or condition or whether the application is withdrawn 3.12.1.2 the preparation of a notice under the Law of Property Act 1925 Section 146 or incurred by or in contemplation of proceedings under Sections 146 or 147 of that Act notwithstanding that forfeiture is avoided 3.12.1.3 the recovery or attempted recovery of arrears of Rents or other sums due from the Tenant 3.12.1.4 any steps taken in contemplation of or in connection with the preparation and service of a schedule of dilapidations during or after the expiration of the Term 3.13 The Planning Acts 3.13.1 Not to commit any breach of planning control (such term to be construed as it is used in the Planning Acts) and to comply with the provisions and requirements of the Planning Acts that affect the Premises whether as to the Permitted Use or otherwise and to indemnify (both during or following the expiration of the Term) and keep the Landlord indemnified against all liability whatsoever including all costs and expenses in respect of any contravention hereof 3.13.2 Subject to Schedule 4, at the expense of the Tenant to obtain all planning permissions and to serve all such notices as may be required for the carrying out of any operations or user on the Premises which may constitute Development (pursuant to the Town and Country Planning Act 1990) provided that no application for planning permission shall be made without the previous written consent of the Landlord (such consent not to be unreasonably withheld nor delayed) 3.13.3 Subject only to any statutory direction to the contrary to pay and satisfy any charge or levy that may subsequently be imposed under the Planning Acts in respect of the carrying out or maintenance of any such operations or the commencement or continuance of any such user 3.13.4 Notwithstanding any consent which may be granted by the Landlord under this Lease not to carry out or make any alteration or addition to the Premises or any change of use until:- 3.13.4.1 all necessary notices under the Planning Acts have been served and copies produced to the Landlord and 3.13.4.2 all necessary permissions under the Planning Acts have been obtained and produced to the Landlord 3.13.4.3 the Landlord has acknowledged that every necessary planning permission is acceptable to it (such acknowledgement not to be unreasonably withheld nor delayed) the Landlord being entitled to refuse to acknowledge its acceptance of a 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 Landlords interest in the Premises whether during or following the expiration of the Term 3.13.5 Unless the Landlord shall otherwise direct to carry out and complete before the expiration of the Term:- 3.13.5.1 any works stipulated to be carried out to the Premises by a date subsequent to such expiration as a condition of any planning permission granted for any Development begun before the expiration of the Term and 3.13.5.2 any Development begun upon the Premises in respect of which the Landlord shall or may be or may become liable for any charge or levy under the Planning Acts 3.13.6 In any case where a planning permission is granted subject to conditions and if the Landlord reasonably so requires to provide security for the compliance with such conditions and not to implement the planning permission until such security has been provided 3.13.7 Subject to Schedule 4, if reasonably required by the Landlord but at the cost of the Tenant to appeal against any refusal of planning permission or the imposition of any conditions on a planning permission relating to the Premises following an application by the Tenant for planning permission 3.14 Information 3.14.1 If called upon so to do to produce to the Landlord all plans documents and other evidence as the Landlord may reasonably require in order to satisfy it that the provisions of this Lease have been complied with 3.14.2 If called upon so to do to furnish to the Landlord or any person acting as a third party determining the Rent in default of agreement between the parties under any provisions for rent review contained in this Lease such information as may reasonably be requested in writing in relation to any pending or intended step under the 1954 Act or the implementation of any provisions for rent review 3.15 Indemnities To be responsible for and to keep the Landlord fully indemnified against all damage damages losses costs expenses demands proceedings claims and liabilities made against or suffered or incurred by the Landlord arising directly or indirectly out of:- 3.15.1 an act omission or negligence of the Tenant or any person at the Premises expressly or impliedly with the Tenants authority or 3.15.2 any breach or non-observance by the Tenant of the covenants conditions or other provisions of this Lease or any of the matters to which this demise is subject 3.16 Reletting Boards To permit the Landlord at any time during the last six months of the Contractual Term and at any time thereafter (or sooner if the Rents or any part of them shall be in arrear and unpaid for any longer than 28 days) to enter upon the Premises and affix and retain anywhere upon the Premises a notice for reletting the Premises and during such period to permit persons with the written authority of the Landlord or its agent at reasonable times of the day to view the Premises 3.17 Encroachments 3.17.1 Not to stop up darken or obstruct any windows or light belonging to the Building 3.17.2 To take all steps to prevent any new window light opening doorway path passage conduit or other encroachment or easement being made or acquired in against out of or upon the Premises and to notify the Landlord immediately if any such encroachment shall be made or acquired (or attempted to be made or acquired) and at the request of the Landlord to adopt such means as shall be necessary to prevent such encroachment of the acquisition of any such easement 3.18 Yield Up At the expiration of the Term:- 3.18.1 to yield up the Premises in repair and in accordance with the provisions of this Lease and 3.18.2 to give up all keys of the Premises to the Landlord and 3.18.3 to remove all signs erected by the Tenant in upon or near the Premises and immediately to make good any damage caused by such removal 3.19 Interest on Arrears 3.19.1 If the Tenant shall fail to pay the Rents or any other sum due under the provisions of this Lease within 14 days of the date due whether formally demanded or not the Tenant shall pay to the Landlord Interest on the Rents or such other sum from the date when they were due to the date on which they are paid any such Interest shall be deemed to be rent due to the Landlord 3.19.2 Nothing in the preceding clause shall entitle the Tenant to withhold or delay any payment of the Rents or any other sum due under the provisions of this Lease after the date upon which they fall due or in any way prejudice affect or derogate from the rights of the Landlord in relation to such non-payment including (but without prejudice to the generality of the above) under the proviso for re-entry contained in this Lease 3.20 Statutory Notices To give full particulars to the Landlord of any notice direction order or proposal for the Premises made given or issued to the Tenant by any local or public authority within five days of receipt and if so required by the Landlord to produce it to the Landlord and without delay to take all necessary steps to comply with such notice direction or order 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 notice direction order or proposal as the Landlord shall deem expedient 3.21 Keyholders To ensure that at all times during the Term the Landlord and the Headteacher of Garth County Primary School has written notice of the name, home address and home telephone number of all keyholders of the Premises 3.22 Sale of Reversion To permit upon reasonable notice at any time during the Term prospective purchasers of or agents instructed in connection with the sale of the Landlords reversion or of any other interest superior to the Term to view the Premises without interruption provided they are authorised in writing by the Landlord or its agents 3.23 Defective Premises To give notice to the Landlord of any defect in the Premises which might give rise to an obligation on the Landlord to do or refrain from doing any act or thing in order to comply with the provisions of this Lease or the duty of care imposed on the Landlord pursuant to the Defective Premises Act 1972 or otherwise and at all times to display and maintain notices which the Landlord may from time to time reasonably require to be displayed at the Premises 3.24 Landlords Rights To permit the Landlord at all times during the Term to exercise without interruption or interference any of the rights granted to it by virtue of the provisions of this Lease 3.25 Consent to the Landlords Release The Tenant must not unreasonably withhold consent to a request made by the Landlord under Section 8 of the 1995 Act for a release from all or any of the Landlord covenants of this Lease 3.26 Security 3.26.1 To ensure that all outside doors and windows in the Premises are kept locked when the Premises are not in use and to comply with any reasonable requirements of the Landlord to prevent unauthorised access 3.26.2 To comply with all reasonable requests made by the Landlord and/or the Headteacher and/or the Board of Governors of the Garth County Primary School concerning issues of site security, safety of children and others at the Premises and School Premises, the route and times of access and any other similar matter of site management. The Tenant accepts the statutory right of Garth County Primary Schools Board of Governors to prohibit specified persons from accessing School Premises and the Premises 3.27 Electrical Equipment To carry out annual testing of portable electrical equipment in the Premises 3.28 Fire Detection System 3.28.1 To [install and] maintain fire detection equipment which is [compatible and] linked to the fire detection system in the School Premises 3.28.2 To allow the Landlord to have access to the Premises for the annual maintenance checks it carries out as part of the School Premises fire detection system annual checks 3.29 Waste Management To arrange a waste management contract for the removal of trade waste from the Premises 4 LANDLORDS COVENANTS The Landlord hereby covenants with the Tenant as follows:- 4.1 Quiet Enjoyment To permit the Tenant peaceably and quietly to hold and enjoy the Premises without any interruption or disturbance from or by the Landlord or any person claiming under or in trust for the Landlord 4.2 Repair 4.2.1 To keep and maintain the exterior and structure of the Building excluding the external ramp access areas (if any) in good and substantial repair and condition and decoration excepting damage caused by any of the Insured Risks where the insurance money is irrecoverable in consequence of any act or default of the Tenant or anyone at the Premises expressly or by implication with the Tenants authority 4.2.2 To maintain and repair the exterior and structure of the Premises excluding the external ramp access areas (if any) 4.2.3 To decorate the exterior of the Premises (including doors, windows and frames but excluding the external ramp access areas (if any)) 4.3 Planning Permission Requirements To comply with the planning permission requirements in accordance with the provision of Schedule 4 5 INSURANCE 5.1 Landlords Insurance Covenants Insurance shall be effected by the Landlord for the Premises and Landlords Fixtures (but not Tenants Fixtures nor any goods or property of the Tenant):- 5.1.1 in such substantial and reputable insurance office or with such underwriters and through such agency as the Landlord may from time to time in its absolute discretion decide 5.1.2 for the following sums:- 5.1.2.1 such sum as the Landlord shall from time to time be advised as being the full cost of rebuilding and reinstatement including architects surveyors and other professional fees such fees as may be payable upon any applications for planning permission or other permits or consents that may be required in relation to the rebuilding or reinstatement of the Premises the cost of debris removal demolition site clearance any works that may be required by statute and incidental expenses and 5.1.2.2 the loss of Rent payable under this Lease from time to time (having regard to any review of rent which may become due under this Lease) for such period (if any) as the Landlord may from time to time deem to be necessary for the purposes of the planning and carrying out of the rebuilding or reinstatement 5.1.3 against damage or destruction by the Insured Risks to the extent that such insurance may ordinarily be arranged for properties such as the Premises with an insurer of repute and subject to such excesses exclusions or limitations as the insurer may require 5.2 Suspension of Rent 5.2.1 If and whenever during the Term:- 5.2.1.1 the Premises or any part thereof or the Estate Roads shall be destroyed or damaged by any of the Insured Risks so as to render the Premises unfit for occupation or use by the Tenant; and 5.2.1.2 payment of the insurance money is not refused in whole or in part by reason of any act or default of the Tenant or anyone at the Premises expressly or by implication with the Tenants authority; and 5.2.1.3 the Tenant shall have duly complied with its obligations to pay the Rents the Rent or a fair and just proportion thereof according to the nature and extent of the damage sustained shall as from the date of such destruction or damage until the Premises or the means of access or egress shall have been rebuilt or reinstated or otherwise made fit for occupation and use be suspended and cease to be payable and any dispute as to the extent proportion or period of such suspension shall be determined by way of process of arbitration as set out in clause 8 hereof 5.2.2 If the Premises shall be damaged or destroyed by any peril so as to be unfit for occupation and use by the Tenant and if at the expiry of two years after the date of such damage or destruction it shall become apparent that it will be impossible or impracticable to reinstate the Premises in accordance with the provisions of this Lease before the expiry of the third year after the date of such damage or destruction then the Landlord shall be entitled to determine this Lease at the expiry of the third year after the date of such damage or destruction or at any time thereafter by giving not less than one months nor more than one years notice in writing to the Tenant and upon the expiry of such notice this Lease shall thereupon cease and determine but without prejudice to any right of action against the other which shall have accrued prior to such termination and in that event any monies payable under the policy of insurance hereinbefore referred to shall belong to the Landlord absolutely 5.3 Reinstatement and Termination in the event of failure to Reinstate 5.3.1 If and whenever during the Term:- 5.3.1.1 the Premises or any part of them are damaged or destroyed by any of the Insured Risks; and 5.3.1.2 the payment of the insurance money is not refused in whole or in part by reason of any act or default of the Tenant or anyone at the Premises expressly or by implication with the Tenants authority the Landlord shall use its best endeavours to obtain all planning permissions or other permits and consents that may be required under the Planning Acts or other statues (if any) to enable the Landlord to rebuild and reinstate (the Permissions) 5.3.2 Subject to the provisions of clauses 5.3.3 and 5.3.4 hereof the Landlord shall as soon as the Permissions have been obtained or immediately where no Permissions are required apply all money received in respect of such insurance (except sums in respect of loss of Rent) in rebuilding or reinstating the Premises so destroyed or damaged 5.3.3 For the purposes of this clause the expression Supervening Events means:- 5.3.3.1 the Landlord has failed despite using its best endeavours to obtain the Permissions 5.3.3.2 any of the Permissions have been granted subject to a lawful condition with which in all the circumstances it would be unreasonable to expect the Landlord to comply 5.3.3.3 some defect or deficiency in the site upon which the rebuilding or reinstatement is to take place would mean that the same could only be undertaken at a cost that would be unreasonable in all the circumstances 5.3.3.4 the Landlord is unable to obtain access to the site for the purposes of rebuilding or reinstating 5.3.3.5 the rebuilding or reinstating is prevented by war, act of God, Government action, strike, lock-out or 5.3.3.6 any other circumstances beyond the control of the Landlord 5.3.4 The Landlord shall not be liable to rebuild or reinstate the Premises if and for so long as such rebuilding or reinstating is prevented by the Supervening Events or any of them 5.3.5 If upon the expiry of three years commencing on the date of the damage or destruction the Premises have not been rebuilt or reinstated so far as to be fit for the Tenants occupation and use either party may by notice served at any time within six months of the expiry of such period invoke the provisions of clause 5.3.6 hereof 5.3.6 Upon service of a notice in accordance with clause 5.3.5 above:- 5.3.6.1 the Term will absolutely cease but without prejudice to any rights or remedies that may have accrued to either party against the other including any right that the Tenant might have against the Landlord for a breach of the Landlords covenants set out in clause 5.3.1 and 5.3.2 hereof 5.3.6.2 all money received in respect of the insurance effected by the Landlord pursuant to this clause shall belong to the Landlord 5.4 Tenants Insurance Covenants 5.4.1 The Tenant covenants with the Landlord as follows:- 5.4.1.1 to pay the Insurance Rent on the date of this Lease for the period from and including the date of this Lease to the day before the next policy renewal date and subsequently the Tenant shall pay the Insurance Rent within 14 days of written demand 5.4.1.2 to comply with all the requirements and recommendations of the insurers 5.4.1.3 not to do or omit anything that could cause any policy of insurance on or in relation to the Premises to become void or voidable wholly or in part (unless the Tenant shall have previously notified the Landlord and have agreed to pay the increased premium) anything by which additional insurance premiums may become payable 5.4.1.4 to keep the Premises supplied with such fire fighting equipment as the insurers and the Landlord may reasonably require and to maintain such equipment to its satisfaction and in efficient working order and at least once in every six months to cause any sprinkler system and other fire fighting equipment to be inspected by a competent person 5.4.1.5 not to store or bring onto the Premises any article substance or liquid of a specially combustible inflammable or explosive nature and to comply with the requirements and recommendations of the fire authority and the reasonable requirements of the Landlord as to fire precautions relating to the Premises 5.4.1.6 not to obstruct the access to any fire equipment or the means of escape from the Premises nor to lock any fire door while the Premises are occupied 5.4.1.7 to give notice to the Landlord immediately upon the happening of any event which might affect any insurance policy on or relating to the Premises or upon the happening of any event against which the Landlord may have insured in accordance with the provisions of this Lease 5.4.1.8 immediately to inform the Landlord in writing of any conviction judgment or finding of any court or tribunal relating to the Tenant (or any director other officer or major shareholder of the Tenant) for such a nature as to be likely to affect the decision of any insurer or underwriter to grant or to continue any such insurance 5.4.1.9 if at any time the Tenant shall be entitled to the benefit of any insurance on the Premises (which is not effected or maintained in pursuance of any obligation contained in this Lease) to apply all money received by virtue of such insurance in making good the loss or damage in respect of which such money shall have been received 5.4.1.10 if and whenever during the Term the Premises or any part of them are damaged or destroyed by an Insured Risk and the insurance money under the policy of insurance effected by the Landlord pursuant to its obligations contained in this Lease is by reason of any act or default of the Tenant or anyone at the Premises expressly or by implication with the Tenants authority wholly or partially irrecoverable immediately in every such case (at the option of the Landlord) either:- 5.4.1.10.1 to rebuild and reinstate at its own expense the Premises or the part destroyed or damaged to the reasonable satisfaction and at the direction of the Landlord the Tenant being allowed towards the expenses of so doing upon such rebuilding and reinstatement being completed the amount (if any) actually received in respect of such destruction or damage under any such insurance policy or 5.4.1.10.2 to pay to the Landlord on demand with Interest the amount of such insurance money so irrecoverable in which event the provisions of clauses 5.2 (Suspension of Rent) shall apply and 5.3 (Reinstatement and Termination in the event of failure to reinstate) above shall apply 6 PROVISOS 6.1 Re-entry If and whenever during the Term:- 6.1.1 the Rents (or any of them or any part of them) under this Lease are outstanding for 14 days after becoming due whether formally demanded or not or 6.1.2 there is a breach by the Tenant of any covenant, condition or other term of this Lease or any document expressed to be supplemental to this Lease or 6.1.3 an individual Tenant becomes bankrupt or 6.1.4 a company Tenant:- 6.1.4.1 enters into liquidation whether compulsory or voluntary (but not if the liquidation is for amalgamation or reconstruction of a solvent company) or 6.1.4.2 has a receiver appointed or 6.1.4.3 a company Tenant incorporated outside the United Kingdom is subject to any event or proceeding analogous to those referred to in sub-clauses 6.1.4.1 or 6.1.4.2 or 6.1.5 the Tenant enters into an arrangement for the benefit of its creditors or 6.1.6 the Tenant has any distress or execution levied on its goods at the Premises the Landlord may re-enter the Premises (or any part of them in the name of the whole) at any time (and even if any previous right of re-entry has been waived) and then the Term will absolutely cease but without prejudice to any rights or remedies which may have accrued to the Landlord against the Tenant in respect of any breach of covenant or other term of this Lease (including the breach in respect of which the re-entry is made) 6.2 Exclusion of Use Warranty Nothing in this Lease or in any consent granted by the Landlord under this Lease shall imply or warrant that the Premises may lawfully be used under the Planning Acts for the purpose authorised in this Lease (or any purpose subsequently authorised) 6.3 Entire Understanding This Lease embodies the entire understanding of the parties relating to the Premises and to all matters dealt with by any of the provisions of this Lease 6.4 Representations The Tenant irrevocably and unconditionally waives any right it may have to claim damages for any misrepresentation whether or not contained in this Lease or for breach of any warranty not contained in this Lease unless such misrepresentation or warranty was made fraudulently 6.5 Exercise of Rights as a Local Authority Nothing done by the Landlord in the proper exercise of its rights, powers, duties and obligations in exercise of its functions as a local authority is to place it in breach of any obligation undertaken by the Landlord with the Tenant under this Lease 6.6 Exclusion of Third Party Rights Nothing in this Lease is intended to confer any benefit on any person who is not a party to it 6.7 Rights and Easements The operation of the Law of Property Act 1925 Section 62 is excluded from this Lease. The only rights granted to the Tenant are those expressly set out in this Lease and the Tenant is not to be entitled to any other rights affecting any adjoining property of the Landlord 6.8 Effect of Waiver Each of the Tenants covenants is to remain in full force both at law and in equity even if the Landlord has waived or released that covenant, or waived or released any similar covenant affecting any adjoining property of the Landlord 6.9 Licences etc. under hand Whilst the Landlord is a local authority all licences consents approvals and notices required to be given by the Landlord shall be sufficiently given if given under the hand of a duly authorised officer of the Landlord (except where expressly required in this Lease to be made by deed) 6.10 Tenants Property If after the Tenant has vacated the Premises on the expiry of the Term any property of the Tenant remains in or on the Premises and the Tenant fails to remove it within 7 days after being requested in writing by the Landlord to do so or if after using its best endeavours the Landlord is unable to make such a request to the Tenant within 14 days from the first attempt so made by the Landlord:- 6.10.1 the Landlord may as the agent of the Tenant sell such property and the Tenant will indemnify the Landlord against any liability incurred by it to any third party whose property shall have been sold by the Landlord in the mistaken belief held in good faith (which shall be presumed unless the contrary be proved) that such property belonged to the Tenant 6.10.2 if the Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the Tenant shall claim them within six months of the date upon which the Tenant vacated the Premises 6.10.3 the Tenant shall indemnify the Landlord against any damage occasioned to the Premises and any actions claims proceedings costs expenses and demands made against the Landlord caused by or related to the presence of the property in or on the Premises 6.11 Compensation on Vacating Any statutory right of the Tenant to claim compensation from the Landlord on vacating the Premises shall be excluded to the extent that the law allows 6.12 Service of Notices The provisions of the Law of Property Act 1925 Section 196 as amended by the Recorded Delivery Service Act 1962 shall apply to the giving and service of all notices and documents under or in connection with the Lease except that Section 196 shall be deemed to be amended as follows:- 6.12.1 the final words of Section 196(4) ... and that service ... be delivered shall be deleted and there shall be substituted ... and that service shall be deemed to be made on the second Working Day after the registered letter has been posted. Working Day meaning any day from Monday to Friday (inclusive) other than Christmas Day Good Friday and any statutory bank or public holiday 6.12.2 any notice or document shall also be sufficiently served on a party if served on legal representatives who have acted for that party in relation to this Lease or the Premises at any time within the year preceding the service of the notice or document 7 EARLY TERMINATION Should the Tenant wish to determine the Lease at any time during the Term, or because of a change in legislation in England and Wales which prevents the Tenant from being able to use the Premises in accordance with the Permitted Use, the Tenant may serve not less than one months written notice of that wish to the Landlord, and up to the time of determination pays the Rents and all other payments due under this Lease and is not materially in breach of the covenants contained in this Lease, then on the expiry of the notice, the Term is to cease and determine immediately, but without prejudice to any rights or remedies that may have accrued. 8 ARBITRATION If any dispute or question whatsoever shall arise between the Parties with respect to the construction or effect of the rights duties or obligations of the parties under this Lease or as to any other matters in any way arising out of or connected with this Lease (except where the same relate to forfeiture of this Lease or relief from forfeiture or where the means of resolving such dispute is expressly referred to in this Lease) the matter in dispute shall be determined by a single arbitrator appointed by agreement between the parties or in default of agreement either the Landlord or the Tenant may within 14 days of serving notice on the other of its intention so to do apply to the President for the time being of the Royal Institution of Chartered Surveyors the duly appointed deputy of the President or any person authorised by the President to make appointments on his behalf in accordance with the Arbitration Acts 1950 to 1996 and all fees costs and expenses arising out of any arbitration proceedings shall be paid as directed by the arbitrator 9 EXCLUSION OF SECTIONS 24 TO 28 OF THE 1954 ACT 9.1 The parties confirm that 9.1.1 The Landlord served a notice on the Tenant dated 20XX as required by Section 38A (3) (a) of the 1954 Act and which applies to the tenancy created by this Lease, a copy of which is annexed to this Lease, and 9.1.2 (name) .. of the Tenant who was duly authorised by the Tenant to do so made a declaration dated 20XX. in accordance with the requirements of Section 38A(3)(b) of the 1954 Act a copy of which declaration is annexed to this Lease 10 REGISTRATION AND CLOSURE OF THE REGISTERED TITLE 10.1 The Tenant shall promptly following completion of this Lease apply to register it (or procure that the relevant person so applies). The Tenant shall (or shall procure that) any requisitions raised by Land Registry in connection with an application to register the Lease are dealt with promptly and properly. 10.2 Within one month of completion of the registration, the Tenant shall send the Landlord official copies of its title. Within one month after the end of the Term (and notwithstanding that the Term has ended), the Tenant shall make an application to close the registered title of this Lease and shall ensure that any requisitions raised by Land Registry in connection with that application are dealt with promptly and properly; the Tenant shall keep the Landlord informed of the progress and completion of its application. IN WITNESS whereof the Landlord has caused its Common Seal to be affixed to this instrument as its deed and the Tenant has executed this instrument as its deed the day and year first before written SCHEDULE 1 Part 1 (Rights Granted) The following rights are granted to the Tenant and all persons expressly or by implication authorised by him, subject to interruption for repair, alteration, rebuilding or replacement, in common with the Landlord and all others having a like right: 1 A right of way to and from the nearest public highway for all reasonable purposes in connection with the Permitted Use with or without motor vehicles over the established roadways/paths within the School Premises, such routes to be agreed with the Headteacher and/or Board of Governors for Garth County Primary School and may be varied at their discretion 2 A right of way on foot only over the Access Path to the Building, subject to the provision that the Access Path shall be repaired, maintained and renewed at the expense in equal proportions of the Tenant and Garth County Primary School PART 2 (Rights Reserved) 1 Passage and running through the Conduits The right to the free and uninterrupted passage and running of all services through any appropriate Conduits and through any structures of a similar use or nature that may at any time be constructed in on over or under the Premises as permitted by paragraph 2. 2 Right to construct conduits The right to construct and to maintain pipes sewers drains mains ducts conduits gutters watercourses wires cables laser optical fibres data or impulse transmission communication on reception systems channels flues and other necessary conducting media for the provision of services or supplies to any adjoining property of the Landlord including any fixings louvers cowls and any other ancillary apparatus making good all damage caused in the exercise of the right. 3 Access 3.1 Access to Inspect The right to enter or in emergency to break into and enter the Premises at any time during the Term at reasonable times and on reasonable notice except in emergency. 3.1.1 to inspect the condition and state of repair of the Premises 3.1.2 to inspect clean connect to remove replace with others alter or execute any works whatever to or in connection with the conduits easements services and supplies referred to in paragraph 1. PASSAGE AND RUNNING THROUGH THE CONDUITS and 2. RIGHT TO CONSTRUCT CONDUITS. 3.1.3 to carry out work of any kind to any adjoining property of the Landlord or any other buildings that cannot conveniently be carried out without access to the Premises 3.1.4 to take schedules or inventories of fixtures and other items to be yielded up at the end of the Term and 3.1.5 to exercise any of the rights granted to and to comply with any obligations imposed on the Landlord in this Lease 3.2 Access on renewal or rent review The right to enter the Premises with the Surveyor and the third party determining the Rent under any provisions for rent review contained in this Lease at convenient hours and on reasonable prior notice to inspect and measure the Premises for all purposes connected with any pending or intended step under the 1954 Act or the implementation of the provisions for rent review. 4 Right to erect new buildings Full right and liberty at any time to build rebuild alter or raise the height of any building on any adjoining property of the Landlord in such manner as the Landlord thinks fit even if doing so obstructs affects or interferes with the amenity of or the access to the Premises or the passage of light and air to the Premises provided that the Premises or their use and occupation are not materially adversely affected. 5 Right of support and shelter The right of support shelter and protection from the Premises for other parts of the Estate in existence at the date hereof SCHEDULE 2 (Rent Review Provisions) 1 Definitions In this Schedule the following expressions have unless the context otherwise requires the following meanings:- 1.1 the Review Date means the Relevant Date specified in clause 1.1 of this Lease 1.2 the Review Period means each successive period of the Term commencing on a Review Date and ending on the day preceding the next following Review Date or (in the case of the Review Period commencing on the date of expiry of the Contractual Term) the relevant Review Period means such of the Review Period as the context so requires 1.3 the Existing Rent means the annual rent payable pursuant to the provisions of clauses 2.1.1, 2.1.2 and 3.1.1 of this Lease during the Term immediately preceding the relevant Review Date 1.4 the Review Rent means in respect of each successive Review Period, the greatest of: 1.4.1 the Rent as increased by the percentage by which the Retail Price Index shall have changed since the beginning of the Term, or the Review Date immediately preceding for which statistics have been published and 1.4.2 the yearly rent at which the Premises might reasonably be expected to be let in the open market on the relevant Review Date as a whole with vacant possession by a willing landlord to a willing tenant without any fine or premium after the expiry of a rent free period of such length as would be negotiated in the open market and for a term equal to the residue then unexpired of the Term or for a term of three years commencing on the relevant Review Date (whichever shall be the longer) but taking into account the Tenants right at the expiration of the Term to the grant of a new tenancy under the provisions of the 1954 Act on the assumption that the Landlord will not oppose such renewal and otherwise upon the same terms and conditions as this Lease (other than the Initial Rent reserved but including the provisions of this Schedule) and on the assumptions (whether or not the same be true) contained in paragraph 2 of this Schedule and disregarding the matters referred to in paragraph 3 of this Schedule 2 Assumptions For the purposes of ascertaining the Review Rent it shall be assumed that:- 2.1 the Tenant has complied with all obligations imposed on it by this Lease or by any other deed or document relating to the Premises (but without prejudice to any rights of the Landlord with regard thereto) 2.2 the Premises comply with all statutory requirements or other regulations and may lawfully be used without any condition restriction or limitation as are available for use within Class B2 of the Town and Country Planning (Use Classes) Order 1987 and all planning permissions requisite consents and licences for such use have been granted and remain in force 2.3 no work has been carried out to or upon the Premises which would diminish the rental value thereof and if the Premises or any part thereof have been destroyed or damaged they have been fully restored to the condition in which they ought to be having regard to the provisions of this Lease 2.4 the Premises are fit and ready for immediate occupation and use and appropriately fitted out for the purposes permitted by this Lease 2.5 the Tenant has already received the full benefit of any financial inducement whether by way of reverse premium concessionary rent free period or otherwise which the Landlord might have offered to a tenant on the grant of such lease as aforesaid 3 Disregards For the purposes of ascertaining the Review Rent the following shall be disregarded:- 3.1 the fact that the Tenant or any permitted sub-tenant has been in occupation of the Premises 3.2 any goodwill attaching to the Premises by reason of the carrying out of the business of the Tenant or any permitted sub-tenant 3.3 any improvement to the Premises carried out at the expense of the Tenant or any permitted sub-tenant with the prior consent of the Landlord (where required) during the Term (or during any period of occupation prior to the Term arising out of an agreement to grant the Term) and completed within a period of twenty-one years preceding the relevant Review Date otherwise than in pursuance of an obligation to the Landlord whether under the provisions of this Lease or any other deed or document 4 Rent Payable The rent payable hereunder during each successive Review Period shall be the greater of (i) the Existing Rent and (ii) such sum as may be determined in accordance with the provisions of this Schedule to be the Review Rent 5 Notice Either the Landlord or the Tenant may at any time on or after any of the relevant Review Dates serve upon the other a notice in writing stating the yearly sum which in the opinion of the Landlord or the Tenant (as the case may be) represents the Review Rent for the relevant Review Period 6 Arbitration Provisions 6.1 If within three months of the service of notice by the Landlord or the Tenant pursuant to paragraph 5 of this Schedule no agreement has been reached on the amount of the Review Rent for the relevant period either the Landlord or the Tenant may at any time thereafter (but not before the relevant Review Date) require the matter to be referred to the decision of an independent chartered surveyor having recent substantial specialist experience in the valuation of premises of similar character and quality to the Premises such independent surveyor to be appointed (subject to the provision of paragraph 10 of this Schedule) in the absence of agreement on the application of either party by the President for the time being of the Royal Institution of Chartered Surveyors the duly appointed deputy of the President or any person authorised by the President to make appointments on his behalf and to act at the election of the Landlord as an arbitrator or as an independent expert (and to act as an arbitrator if the Landlord has not made such election within twenty-one days of receiving a request from the Tenant so to do) 6.2 In the case of an arbitration the determination shall be conducted in accordance with the provisions of the Arbitration Acts for the time being in force 6.3 In the case of the determination of an expert such expert shall not be entitled to require the parties to attend a hearing (whether in person or otherwise) but shall afford each party a reasonable opportunity to submit written representations and to comment in writing once only on any written representations submitted by the other party and shall give a reasoned decision in writing and the costs of reference to such expert (including the costs and expenses of each of the parties) shall be in the award of the expert or failing such award the costs of such expert shall be borne in equal shares by the Landlord and the Tenant and each shall bear their own respective costs and expenses and if the expert shall die or become unwilling or incapable of acting or if he shall not have published his decision within three months after his appointment then he shall be replaced by another expert appointed in accordance with paragraph 6.1 of this Schedule 6.4 PROVIDED ALWAYS that notwithstanding such reference to an arbitrator or expert the Landlord and the Tenant may at any time agree the amount of the Review Rent for the relevant Review Period and such agreement shall be effective as if made prior to the reference to such arbitrator or expert 7 Payment 7.1 If the Review Rent is agreed or determined on or before the relevant Review Date it shall be payable therefrom 7.2 If the Review Rent is not agreed or determined on or before the relevant Review Date the Tenant shall pay to the Landlord:- 7.2.1 monthly in advance on the first day of each calendar month the Existing Rent until such time as the Review Rent is determined as aforesaid and 7.2.2 forthwith upon the Review Rent being determined:- 7.2.2.1 a sum equal to the difference between the aggregate of the payments made under paragraph 7.2.1 above during the period from the relevant Review Date to the date of such determination and the aggregate of the instalments of the Review Rent which would have been payable for the same period had the Review Rent been agreed or determined on or before the relevant Review date and 7.2.2.2 Interest upon such difference payable from the relevant Review Date until the date of payment at the Interest Rate and if not so paid the same shall be recoverable as rent in arrear 8 Memorandum to be Endorsed Upon the agreement or determination of the Review Rent the Landlord and the Tenant shall execute forthwith in duplicate a memorandum under hand to be prepared by the Landlord at the expense of the Tenant recording the amount of the Review Rent from the relevant Review Date for endorsement on or annexation to this Lease and the counterpart thereof 9 Restriction of Review If at any Review Date the Landlord shall be obliged (legally or otherwise) to comply with any Act of Parliament dealing with the control of rent and which shall restrict or modify the right of the Landlord to require the rent to be reviewed in accordance with this Schedule or which shall restrict the right of the Landlord to demand or accept payment of the full amount of the rent payable hereunder then the Landlord shall on each occasion that any such restriction expires or ceases to have effect be entitled (so far as is permitted by law) on giving not less than one months notice in writing to the Tenant to introduce an intermediate review date which shall be the date of expiration of such notice and the rent payable hereunder from such an intermediate review date to the next relevant Review Date or intermediate review date (as the case may be whichever shall first occur) shall be determined in like manner as the rent payable from such relevant Review Date as hereinbefore provided 10 Consolidation of Reviews If pursuant to the provisions of paragraph 6.1 of this Schedule the matter of the Review Rent is referred to the decision of an independent chartered surveyor (whether acting as an expert or arbitrator) and if pursuant to the provisions for review of rent contained in any leases of any other lettable areas (or in any underlease of the Premises) the matter of the Review Rent payable in respect of such other lettable areas (or pursuant to such underlease) either:- 10.1 is at the date of such reference the subject of a similar reference which is then pending or 10.2 following the date of such reference and before the determination of the Review Rent under this Lease becomes the subject of a similar reference then in either case and notwithstanding the provisions of paragraph 6.1 of this Schedule the Landlord may require that the reference pursuant to this Lease and the reference pursuant to the leases of such other lettable areas (or pursuant to any such other underlease) shall be referred to the same independent chartered surveyor to be considered by him at the same time and that the reference or the arbitration proceedings pursuant to this Lease shall be consolidated with the reference or the arbitration proceedings under any such other leases and in that event the Tenant shall consent to such consolidation and shall execute such documents and do such other things as shall be required to give effect thereto SCHEDULE 3 (Photographs of Premises on start of Term) See attached photographs of Premises SCHEDULE 4 (Planning Permission Requirements) 1. Definitions Council means Wrexham County Borough Council Planning Appeal means an appeal by the Landlord against: (a) the refusal of the Council to grant Planning Permission; or (b) the non-determination of the Planning Application; or (c) any one or more conditions attached to the Planning Permission  means the written decision of the Secretary of State on the Planning Appeal Planning Application means an application for Planning Permission Planning Permission means planning permission for the erection and retention of the mobile building at Garth County Primary School, Garth Road, Garth, Llangollen, Wrexham L20 7UY 2. Current Planning Permission 2.1 The Premises is currently subject to planning permission P/[INSERT NO.] 3. Planning Application 3.1 The Landlord shall submit any Planning Application (if any) to the Council. 3.2 The Landlord shall keep the Tenant informed as to the progress of any Planning Application. 3.3 The Landlord may agree to any extension of the statutory period for determination of any Planning Application without the prior written approval of the Tenant (such approval not to be unreasonably withheld or delayed). 3.4 The Tenant shall not do anything which may prejudice or obstruct the progress of any Planning Application or Planning Appeal made pursuant to this Lease. 4. Planning Appeal 4. 1 The Landlord may, but shall not be obliged to, make a Planning Appeal. 4.2 The Tenant shall give all reasonable assistance to the Landlord in pursuing a Planning Appeal, should the Landlord decide to submit a Planning Appeal in accordance with clause 4.1. 5. Notification of Planning Decisions 5.1 The Landlord shall notify the Tenant within 30 working days of the receipt of any planning decision resulting from any Planning Application (whether original, amended or re-submitted) 5.2 The Landlord shall promptly notify the Tenant of any decision it may take in relation to the making, amending or re-submission of a Planning Application or the making of a Planning Appeal. 5.3 The Landlord shall notify the Tenant within 30 working days of the receipt of any Planning Appeal Decision. SCHEDULE 5 Landlords Fixtures and Fittings Item Quantity Status of deliveryWooden Sandbox with Lid1Outdoor Mud Kitchen 1Art Easel 1Push Bike For 21Power Balance Bike1Winther Mini Ben Hur Push Bike - Red1Winther Tricycle With Tray1Green Leaf Pattern Rug1Sand and Water Tray With Stand 1Free Standing Storage Shelf Unit1Fusion Tiered Book Storage Unit1Elements Toddler Play Table1Millhouse Wooden Table plus 4 Sturdy Chairs2Captain's Wooden Armchair8Tidlo Wooden Play Kitchen 5 Piece Set1Tall Lockable Storage Cupboard 1Scandi Antimicrobial Tree Tub Sofa 1Early Years Open Ended House 1Outdoor Wooden Kiosk 1Playscapes Mini Library Zone 1 EXECUTED as a DEED by WREXHAM COUNTY BOROUGH COUNCIL by affixing its COMMON SEAL in the presence of:- __________________________________ Chief Officer Governance and Customer EXECUTED as a DEED by the said [XX] ________________________________ on behalf of [XX] in the presence of: Signature of Witness ________________________________ Name of Witness _________________________________ Address of Witness _________________________________ _________________________________ EXECUTED as a DEED by the said [XX] ________________________________ on behalf of [XX] in the presence of: Signature of Witness ________________________________ Name of Witness _________________________________ Address of Witness _________________________________ _________________________________ SCHEDULE 3 (Photographs of Premises on start of Term)       PAGE  PAGE 6 PLEASE NOTE: This lease is a draft of the proposed lease which, following the conclusion of the Tender exercise, Wrexham County Borough Council and the successful applicant will negotiate and enter into. THIS IS NOT TO BE CONSIDERED THE FINAL FORM OF THE LEASE. 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HH^H`o(........0^`0o(0^`0>*o(.0^`0>*o(..88^8`>*o(... 88^8`>*o( .... `^``>*o( ..... `^``>*o( ...... ^`>*o(....... ^`>*o(........d@G \V0,+Ap |LY]$Zi1S~f_vj @2 & ca 2*tQU&@Y}y `sJGCw;>(V[Hb $GtU] 5- 8[ jb "a2":h"J$Z$[$_'3')*Q.*m*y*+++8+4V+, -z .3'///.00?2H\2f2y+3w35 E5P5b5#n56&6xX6k78 9<59N9Q9y: :cQ<Q[</=\6=>=E?P?%?%Bb>B>kBkB] C?}DEF G/GI,IGL/LQLtM2MeJMiN8OrOtOE&P"/P=PR|R-S+)SCTV3Ul W+XeYb["+[\1\2\E]H]^ _nD_U_&^_d_@`U`Po`#a1aGablb\Tc)zs|99 lwLastOpened04/08/2022 13:50@N;H@UnknownG.[x Times New Roman5Symbol3. .[x Arial7..{$ Calibri5. .[`)TahomaA$BCambria Math"hg+'KGv. +9. +9!4W9W92qHP?I:!xx{mO THIS LEASE is made the day of 1996Ms Jane Elizabeth Cooper Emma Woodward$      Oh+'0 ,P\p     THIS LEASE is made the day of 1996Ms Jane Elizabeth Cooper Normal.dotmEmma Woodward6Microsoft Office Word@D|@VC@pSN@LX+.  ՜.+,0l hp  LWCBC9W9 THIS LEASE is made the day of 1996 Title  !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|}~      !"#$%&'()*+,-./023456789:;=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^`abcdefhijklmnstwRoot Entry F ^6LXv@Data 11Table<EWordDocument 7`SummaryInformation(_DocumentSummaryInformation8gMsoDataStorebB6LXB6LXKSK4MNAJLW==2bB6LXB6LXItem  PropertiesUCompObj r   F Microsoft Word 97-2003 Document MSWordDocWord.Document.89q