AN AGREEMENT

Made the 1st March 2007
Between (1) THE NEWTON ABBOT TOWN COUNCIL of

The Town Hall, Great Western House, 9 Devon Square, Newton Abbot, Devon
("The Council")
And (2) THE NEWTON ABBOT AND DISTRICT COOPERATIVE
ALLOTMENT ASSOCIATION LIMITED

Reg. No. 4480485

Whose registered office is situated at
77 Aller Brake Road, Newton Abbot, Devon, TQ12 4NL
("The Tenant")

Whereby

1) The Council agrees to let and the Tenant agrees to take for a term of 5 years from 29th September 2006 all those parcels or pieces of land described in the first Schedule hereto ("the Allotments") at an annual rental payable in advance every September as follows:­

In respect of the Allotments at Decoy, Bradley and Coach Road:

Suggested rents to be discussed: September 2005 - £250.45, September 2006 - £274.05, September 2007 - £294.70, September 2008 - £324.20, September 2009 - £353.70, September 2010 - £383.20

This equates to - 2005 0.93 per half plot, 2006 £1.00 per half plot, 2007 £1.10 per half plot, 2008 £1.20 per half plot, 2009 £1.30 per half plot, 2010 £1.40 per half plot. £2.51 at the end of 5 years

In respect of the Allotments at Blake's and Cooke's Fields, the sum of £300 per annum. (This is subject to review by the Landowner).

Factoring in a £25 per field, per year rent increase from Mr Rew the total rents would increase thus: 2005- £300, 2006 - £350, 2007 - £400, 2008 - £450, 2009 £500, 2010 - £550, an increase of 45.45%.

These increases would increase the overall rents for all fields to: 2005 - £550.45, 2006 - £624.05, 2007 - £694.70, 2008 -£774.20, 2009 - £853.70, 2010 - £933.20, an increase of 41.01% overall.

The annual sum payable, will be certified by the Council's Town Clerk, whose certificate shall be final and binding. The annual sums to be payable within 28 days of the presentation of the Council Clerk's certificate being presented at the registered office of the Tenant, for an amount in accordance with his agreement.

2) The Tenant agrees with the Council as follows:

2.1) The Allotments shall not be used for any purpose other than the purpose of allotments within the meaning of Section 22 of the Allotments Act 1922 and the Allotments Act 1925.

2.2) The Allotments shall be maintained in a proper state of cultivation and fertility and in good condition, with good weed control at all times. All pathways or cart trucks included therein or abutting thereon shall be kept reasonably free from weeds.

2.3) No nuisance or annoyance shall be caused or permitted to the occupier of any Allotment land belonging to or rented by the Council and no obstruction or encroachment shall be caused or permitted on any path or roadway set out by the Council for the use of the occupiers of the Allotments.

2.4) No timber or other trees upon the Allotments shall be cut and no mineral, gravel, sand earth or clay shall be taken or carried away therefrom without consent of the Council. Dead trees may only be removed following consultation with the Council and boundary hedges to be pruned annually.

2.5) The Tenant shall be responsible for the complete day-to-day running of the Allotments and shall let the individual plots to the members of the Tenant Association but shall maintain a list of potential Allotment holders and shall let any vacant plot in list order at the earliest opportunity.

2.6) The Tenant shall maintain an up to date list of the names and addresses of the Allotment holders. This register will include details of the rent payment made by the Allotment holder and be available for inspection by the Council at any reasonable time on request.

2.7) The Tenant shall have authority and responsibility for
the giving of notice to Allotment holders for non­- cultivation, non-payment of rent, or other causes of concern to the Tenant, e.g. nuisance or theft.

2.8) The Tenant shall be responsible for the collection of individual rents from the Allotment holders.

3.0) Any officer or agent of the Council shall be entitled at any time when so directed by the Council to enter and inspect the Allotments.

4.0) This Agreement may be determined:

4.1) By either the Council of the Tenant giving to the other 12 months notice in writing expiring on or before the 29th September in any year.

4.2) By re-entry by the Council at any tune after giving 3 months previous notice in writing to the Tenant on account of the land being required:

4.3) For any purpose (not being the use of the same for agriculture) for which they have been appropriated under any Statutory Provision.

4.4) For building, mining or any other industrial purpose or for roads or sewers necessary in connection with any of these purposes.

4.5) By re-entry by the Council at any time after giving one months previous notice in writing to the Tenant:

4.6) If the rent or any part of it remains unpaid for not less than 28 days after written certification of the amount and date due has been delivered to the Tenant by the Council's Clerk or duly authorised Finance Officer.

4.7) If it appears to the Council that the Tenant not less than 3 months after the commencement of the Agreement have duly not observed the conditions contained therein.

5.0) Any notice required by the Council to the Tenant may be given by sending a written notice from the Clerk of the Council (or any other authorised officer of the Council for the time being) by Registered Post or Recorded Delivery Service. Or by affixing the same in some conspicuous manner on any one of the Allotments comprised in the Agreement and any notice required given by the Tenant to the Council shall be sufficiently given if signed by the Secretary of the Allotments Association and sent by pre-paid post letter to the Clerk of the Council.

6.0) The Tenant paying the rent hereby reserved and observing and performing the conditions on its part herein contained may peaceably hold and enjoy the allotments during the term hereby created without interruption from the Council.

7.0) The Council will be responsible for any major repair, replacement and maintenance of all boundary fenced and hedges shown edged in red on the site plan attached hereto.

8.0) The Council will be responsible for the (major) repair and maintenance of all driveways, gates and cart tracks.

9.0) The Council will pay for the repair, maintenance and replacement of the water supply services (including toilet facilities, where provided) which are situated beneath the level of the surface of the Allotments up to the point where they are connected to the mains water supply.

10.0) The Council will in the event of an undetected water leak pay the assessed cost of the leakage in the water bill for that quarter, in the event of the Water Company's policy not allowing the cost to be borne by the Water Company.

11.0) The Tenant will be responsible for the payment of water consumed, except as shown in 9.0 above

11.1) The Tenant will be responsible for the provision of adequate Public Employers Liability Insurance

For details of any sub-letting and condition between NADCAA and all individual Plot Holders see Part II

More rules...

Articles of Association

Memorandum of Association

Tenancy Agreement between the Association and the Members

Beekeepers Agreement