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THIS LEASE
is dated the day of 2005.
A.
Particulars
The Landlord:
Fenland District Council, Fenland Hall,
March, Cambridgeshire, PE15 8NQ
The Tenant: whose
registered office is situate at
The Property:
Office No. South Fens Business Centre Chatteris,
Cambridgeshire as shown edged red on the
attached Building Plan
The Building:
The Building which the Property is situated
being known as South Fens Business Centre,
Chatteris, Cambridgeshire as shown edged
blue on the attached Site Plan
The Site: The
Site within which the Building is situated
being known as South Fens Business Centre,
Chatteris, Cambridgeshire as shown edged
green on the attached Site Plan
The Term: Three
years from the First of
Rent: ? ( Pounds)
per annum plus VAT payable by standing order
direct to the Landlords bank account in
advance on the first day of each month
Common Parts:
Those parts of the Building used by the
Landlord and other occupiers of the Building
Rights Granted:
(a) Pedestrian
rights over the pathways and vehicular and
pedestrian rights of way over the driveways
serving the Building to gain access to and
egress from the Building together with the
right to park on the car park serving the
Building together with the right for visitors
of the Tenant in common with visitors to
other Tenant? occupying the Building to
park in so much of the said car park (if
any) as the Landlord shall designate for
visitors from time to time, so long as there
is space to do so; (b)
Use in common with other users of the Building
the pipes wires and cables providing services
to the Property (c)
Use in common with other users of the Building
the reception foyer, kitchen, toilets, stairs,
lift, meeting areas (subject to availability
and appropriate charges) and such corridors
in the Building as are necessary to gain
direct access to and egress from the Property;
(d) Use of the
Landlord? fixtures and fittings in the
property (if any)
Rights Reserved:
(a) To the Landlord
and other users of the Building use of any
service pipes wires and cables crossing
the Property; (b)
To the Landlord the right to enter the Property
to inspect and repair the Property, the
Building or any adjoining premises or the
service pipes, wires and cables after giving
to the Tenant reasonable notice (except
in an emergency when no notice is needed).
(c) To the Landlord
the right to regulate (if necessary) the
parking arrangements of Tenants and visitors
in the use of the car park
B. LEASE
The Landlord lets and the Tenant accepts
the Property for the Term for the Rent and
on the following covenants:
Payments: (a)
The Tenant will pay to the Landlord the
rent without making any deduction; (b)
The rent and any other sums payable shall
be subject to value added tax; (c)
The Tenant will be responsible for all other
outgoings relating exclusively to the Property
and not included in the Schedule; (d)
The Tenant shall pay a deposit to the Landlord
of a sum equal to two month? rent (excluding
VAT) upon signing this Lease
Repair (a) The
Landlord will keep the structure and exterior
and common parts of the Building including
external doors and windows together with
service pipes wires cables serving the Property
in a state of repair (b)
The Tenant will keep the Property internally
in a good state of repair and decoration
(c) The Tenant
shall not make any alterations or addition
to the Property without first obtaining
the Landlord? consent in writing; (d)
The Tenant shall repair any damage caused
to the Property by the Tenant arising out
of its use of the Property; (e)
The Tenant shall reimburse the Landlord
on demand any monies incurred which arise
from call out charges, or any extra costs
which are attributable to accidents, lack
of diligence or lack of security arrangements
caused by the Tenant or any of its employees
or agents in relation to the communal security
system (CCTV).
Use: The property
shall be used for use as an office within
Class B1 as defined in the Town and Country
Planning (Use Classes) Order 1995 as amended
and no other use whatsoever will be permitted
and in exercising such use the following
restrictions must be observed:- (a)
The Tenant must comply with all statutory
requirements relating to the Property or
its use and regulations from time to time
determined by the Landlord; (b)
Heavy machinery must not be fixed to the
Property and the floors and roof must not
be overloaded; (c)
The Tenant shall be responsible for maintaining
the security of the Property;
Transfer: The
Tenant shall not assign, underlet, share
or part with possession of the Property
or any part thereof.
Indemnity: The
Tenant shall indemnify the Landlord against
any actions claims costs demands or liability
whatsoever arising out of the Tenant? use
of the Property.
Liability: (a)
The Landlord will accept no liability whatsoever
for any loss of whatever nature in the event
of any of the services being unavailable
to the Tenant at any time but in the event
of the services being unavailable the Landlord
will use its reasonable endeavours to secure
reconnection or continuation thereof; (b)
The Tenant shall insure all items it brings
onto the Property and the Landlord shall
have no liability in respect of damage to,
loss or theft of such items (c)
NO-ONE has any liability as landlord under
this lease for anything done or not done
after parting with all interest in the Property
Insurance Risk:
The Tenant shall not do or omit to do anything
in consequence of which the rights of the
Landlord under any policy of insurance in
respect of the Property and/or the Building
or any adjoining or neighbouring premises
which would or might be prejudicially affected
subject to the Landlord providing the Tenant
with the details of the policy of insurance
Inspection: The
Tenant shall permit the Landlord its Agents
or servants or any other person authorised
by the Landlord from time to time to enter
into and inspect the Property for the purposes
of ascertaining whether all or any of the
provisions of this Lease are being faithfully
observed and performed.
Determination:
The Tenant may determine this Lease by giving
the Landlord 2 month? prior written notice
(a) On determination
of this Lease for whatever reason the Tenant
shall vacate the Property and leave the
Property in a good state of repair and decoration
(b) On determination
of this Lease for whatever reason the Landlord
shall return to the Tenant any deposit held
by the Tenant provided that all monies due
have been paid to the Landlord all obligations
under this Lease have been met and the Property
has been left in a good state of repair
and condition in accordance with the attached
Schedule of Condition
Re-entry PROVIDED always
and it is HEREBY AGREED AND DECLARED as
follows: If the basic rent hereby
reserved or any part thereof shall remain
unpaid for twenty one days after becoming
payable (whether formally demanded or not)
or if any covenant on the Tenant's part
herein contained shall not be performed
or observed or if the Tenant shall be wound
up whether voluntarily (save for the purpose
of reconstruction or amalgamation) or compulsorily
or if the Tenant for the time being not
being a corporation shall have a receiving
order in bankruptcy made against any or
both of them or if the Tenant shall enter
into any arrangement or composition for
the benefit of its creditors or suffer any
distress or execution to be levied upon
its goods then and in any such case it shall
be lawful for the Landlord at any time thereafter
to re-enter upon the Property or any part
thereof in the name of the whole and thereupon
this demise shall absolutely determine but
without prejudice to the right of action
of the Landlord in respect of any antecedent
breach of the Tenant? covenants herein
contained AND no acceptance of or demand
for rent by the Landlord after knowledge
by the Landlord of any breach of any of
the Tenant? covenants herein contained
shall operate as a waiver of any breach
or of the Landlord? right of re-entry but
such breach shall be treated as a continuing
breach for so long as it subsists.
Service of Notices:
Any consent determination or notice in writing
Notices required to be given by the Landlord
may be given as the Landlord may elect and
any notice be sufficiently served if handed
to the landlord's Valuation and Estates
Officer (or other appointed person) personally
or sent by pre-paid post addressed to him
at his office address and any notice on
the Tenant shall be sufficiently served
if left or sent by pre-paid post to it at
the property.
Landlord's duties:
as Local Authority Nothing herein contained
or implied shall prejudice or affect the
Landlord? rights powers and duties in the
exercise of its functions as a Local Authority
which may be as fully and effectually exercised
in relation to the Property as if it was
not the owner of the Property and this Lease
had not been executed by it.
Arbitration:
Any disputes between the Landlord and the
Tenant as to their respective rights or
duties or as to any other thing arising
out of the subject matter of this Lease
shall be referred in accordance with the
provisions of the Arbitration Act 1996 or
any statutory modification or re-enactment
thereof for the time being in force to the
determination of a person named on the application
of either party by the President for the
time being of the Royal Institution of Chartered
Surveyors London
Marginal Notes:
THE marginal notes hereto shall not affect
the construction of this Agreement
Third Parties:
THE parties declare pursuant to the Contract
(Rights of Third Parties) Act 1999 that
no one other than the parties named above
shall have or acquire any rights under or
in respect of this contract except with
the express agreement of the parties recorded
in writing
SCHEDULE
Obligations and Services provided by the
Landlord
Rates payable on the Common Parts of the
Building.
Provision of reception facilities
Repair and maintenance of the exterior and
structure including external doors and windows
and common parts of the Building
Insurance of the Building
Cleaning and caretaking of the Common Parts
of the Building and Site
Refuse collection services
Water rates
Heating lighting and power
Annual costs of providing fire protection
systems
Provision and maintenance of Closed Circuit
Television System (CCTV)
Maintaining the door security system to
the Building and the entrance gate to the
site with the co operation of all occupiers
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