LICENCE (SHARING) AGREEMENT (“Agreement”)
For permission to occupy a community building
This Agreement is dated:
1 / The Licensor / [INSERT NAME OF ASSOCIATION] whose registered office is at [INSERT FULL ADDRESS](Industrial and Provident Society number XXXXX: an exempt charity)and which shall include any successors in title to the Licensor.2 / The Sharer / [INSERT NAME OF SHARER](Charity Commission registration number [insert number]) of [INSERT FULL ADDRESS]
3 / Description of the property being shared (“the Property”) / That part of [INSERT FULL ADDRESS OF PROPERTY]shown edged red on the plan attached in the First Schedule to this Agreement [and being the ground floor only].
[INSERT ADDRESS]is part of the property registered with H.M. Land Registry under title number[INSERT TITLE NUMBER].
4 / The Term / This Agreement will take effect on the date of this Agreement and will remain in force until ended in accordance with clause 12 or any other relevant clause within this Agreement.
OR
This Agreement will take effect on the date of this Agreement and will remain in force until (inclusive) or until terminated in accordance with clause 12 or any other relevant clause within this Agreement.
5 / Sharing arrangements
(e.g. which days or hours) / The Sharer shall only use the Property between the following times:
6am-11pm (Friday-Saturday); and
6am-10pm (Sunday-Thursday)
6 / The Charge (if any) / £X per annum.
All sums payable under this Agreement, unless otherwise stated, are exclusive of VAT and any other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums are to be payable in addition to them.
7 / Permitted Use / The Sharer may only use the Property as a community centre providing community facilities in furtherance of its objects as contained in the Sharer's constitution as appears in the Appendix.
Any alternative use of the Property must be agreed by the Licensor in writing in advance.
8 / Background to this Agreement / The Licensor is the owner of the Property and the Sharer is, or represents, a local organisation whose purposes are beneficial to the residents of the area.
This Agreement allows the Sharer to use the Licensor’s Property for the purposes of the Sharer’s organisation, in common with the Licensor and all other sharers, including anyone who the Licensor permits to share the Property at a later date.
The Licensor and the Sharer hereby acknowledge that this Agreement is not a lease and does not give the Sharer exclusive occupation of anything.
The Licensor has the right to refuse usage of the Property by third parties.
9 / Promises by the Licensor / The Licensor hereby agrees:
9.1 / To allow the Sharer to share the Property in accordance with the Sharing Arrangements and the other terms and conditions of this Agreement;
9.2 / To aim to keep the Property in a reasonable state of repair (including all of the contents of the Propertyowned by the Licensor listed in Schedule 3) and also to supply water, gas and electricity (the “Utilities”), but the Licensor will not be liable for any failure to do so; and
9.3 / To insure the Property under its block policy against usual risks, butthis obligation does not extend to anything not belonging to the Licensor. It does not cover the personal property of the Sharer or the personal property of the Sharer’s visitors; and
/ [9.4] / [Subject to the production of VAT invoices or other appropriate evidence of payment, the Licensor shall reimburse the Sharer for all costs reasonably incurred by the Sharer for Utilitiessupplied to the Property during the first year of the Term and for business rates in respect of the Property payable for the period covering the first year of the Term.]
The Licensor shall pay the sums referenced in this Clause 9.4 by such method and at such times as may be agreed between the parties (acting reasonably).]
10 / Promises by the Sharer / The Sharer hereby agrees:
10.1 / To pay the Charge (if any) shown on the front page;
10.2 / To pay for all Utilities it or any third party using the Property pursuant to clause 13.1 use at the Property and a fair proportion (if requested) of any shared Utilities;
10.3 / To pay all present and future business rates payable in respect of the Property and to apply for any applicable rate reliefs;
10.4 / To pay for all services (including internet and telephone costs) it
or any third party using the Property pursuant to clause 13.1 use at the Property and a fair proportion (if requested) of any shared services;
10.5 / So far as reasonably possible, to keep the Property clean and tidy;
10.6 / So far as reasonably possible, to keep any part of the Property which has not been built upon (the “Open Land”) free of weeds and rubbish and to keep all landscaped areas properly cultivated. The Sharer further agrees not to keep or store any property on the Open Land which is or might become untidy, unclean, unsightly or in any way detrimental to the Property or the area generally;
10.7 / To keep in repair and to maintain anycontentsof the Property which are owned by the Sharer. The Sharer further agrees that the inventory contained in Schedule 3 of this Agreement contains an accurate description of the contents of the Property as of the date of this Agreement, whichare owned by the Licensor;
10.8 / Not to make any alterations or additions to the Property or anything within the Property, or move any of the contents of the Property that areownedby the Licensor, without the Licensor’s prior written consent;
10.9 / Not to exhibit upon any exterior part of the Property (including the windows thereof) any permanent fascia, signboard, hoarding, advertisement, fixed pole, sign, flag or placard or any writing of any description, without the Licensor’s prior written consent;
10.10 / To keep to whatever regulations the Licensor makes relating to the use of any equipment, keys, entry systems or alarms either in the Property or in any building or estate it is part of;
10.11 / To ensure that the Property is left locked and secure following any period of use by the Sharer or by any third party using the Property pursuant to clause 13.1;
10.12 / To ensure that the keys to the Property (the “Keys”), including any key-ring attached to the Keys, are not marked or labelled with the name or address of the Property or any other mark or label which could lead a third party to identify that the Keys are keys for the Property;
10.13 / To return the Keys within 48 hours of the expiry of the Term (or the earlier determination of this Agreement by any other means) to:
INSERT ADDRESS
or any other address which the Licensor tells the Sharer in writing has become the correct address to return the Keys to.
10.14 / Not to make a copy of the Keys (or permit anyone else to do so) without the Licensor's prior written consent;
10.15 / Not without the Licensor’s prior written consent, to allow anyone else to use the Keys (except for use by authorised third parties under clause 13.1);
10.16 / To report any loss of the Keys without unreasonable delay to the Community Assets Team at Affinity Sutton by calling [insert number]or by e-mailing [insert email]. The Sharer agrees to pay to the Licensor the cost of any replacement keys to the Property, which are required as a result of loss by the Sharer of the Keys;
10.17 / Immediately prior to commencing each and every activity at the Property, to complete a pre-activity safety inspection checklist in the form set out in Schedule 2 (which shall be retained by the Sharer for at least 5 years following the end of the activity) and to ensure that all risks identified on that checklist have been removed prior to commencing the activity;
10.18 / To share the Property in a reasonable way with the Licensor and with anybody else, or any other organisation, the Licensor allows to share in addition to the Sharer, and not cause any nuisance to anyone else lawfully in the Property or in its vicinity;
10.19 / Not to carry on, or permit to be carried on, on any part of the Property any offensive, noisy or dangerous trade, business, occupation or other use, nor to permit the Property to be used as a factory or place of manufacture or for sleeping or living accommodation or for any illegal or immoral purpose so as to cause nuisance, annoyance or inconvenience to the Licensor or the neighbourhood;
10.20 / To take reasonable care that the Property and anything in the Property or any larger building it is part of, either inside or out, is not damaged by the Sharer or by anybody the Sharer has allowed on or into the Property. If anything is damaged by such a person, the Sharer agrees to pay to the Licensor the cost of the repairs;
10.21 / Not to do or permit to be done upon the Property anything that would invalidate or prejudicially affect any insurance of the Property or which may lead to payment of any policy moneys being refused in whole or in part or cause an increased or extra premium to be paid;
10.22 / Not to obstruct access to any part of the Property;
10.23 / Not to sing, play music, play a musical instrument or use any television, radio or any other similar equipment at the Property except between the hours of:
Sun-Thurs – 9am-9pm
Fri-Sat – 9am-10.30pm.
10.24 / At all times, to allow the Licensor’s staff and contractors to have access to any part of the Property, but the Licensor will try not to unreasonably interfere with any use of the Property by the Sharer (including use by authorised third parties under clause 13.1), the Sharer’s privacy or the confidentiality of the Sharer’s records;
10.25 / Not to use the Property as a postal address for the Sharer (save for the receipt of notices served in connection with this Agreement), unless the Licensor agrees in writing in advance;
10.26 / Not to bring to or keep at the Property any animals (except guide dogs), articles whose possession is prohibited by law, or highly inflammable, dangerous or explosive substances (which includes paraffin and bottled gas of all kinds), unless the Licensor agrees in writing in advance;
10.27 / Not to sell, consume, bring onto or keep at the Property any drugs or any illegal substances and to use its best endeavours to prevent any other person from doing the same; Not to sell, consume, bring onto or keep at the Property any alcohol unless the Licensor agrees in writing in advance. The Sharer agrees to use its best endeavoursto prevent any other person from doing the same;
10.28 / Not to smokeon the Property or to permit anyone else to smoke on the Property (including electronic cigarettes);
10.29 / To comply with all laws, regulations and similar requirements affecting its use of the Property (for example, relating to the health and safety of, or provision of facilities to, people working at the Property);
10.30 / In advance and at the Sharer’s own expense, to obtain any licences or other permissions required in connection with the Sharer’s use of the Property or use by authorised third parties under clause 13, including (without limitation) licences for the following activities (as applicable):
-Playing music (Performing Right Society and PPL);
-Showing films (Motion Picture Licensing Corporation);
-Royalty fees for performance of plays; or
-Making recordings of musical or literary works (Mechanical Copyright Protection Society).
10.31 / To ensure that all required checks have been undertaken on staff providing services to the community;
10.32 / To ensure that all staff have the required qualifications necessary to supervise the programmes and activities intended to be delivered within the Property;
10.33 / To carry reasonable insurance cover against any risk associated with any use of or event at the Property (including without limitation, public liability and employers’ liability insurance) and provide proof of that cover to the Licensor (on request);
10.34 / To ensure that any third party who uses the Property in accordance with clause 13.1 has reasonable insurance cover against any risk associated with any use of or event at the Property;
10.35 / To pay to the Licensor the cost of any claim brought against the Licensor by any third party which relates to the Sharer’s use of the Property (for example, if someone is injured by the Sharer’s carelessness or an adjacent property is flooded), or a fair proportion of it if the Sharer is not entirely responsible;
10.36 / To collect and provide to the Licensor, all management information (including copies of annual accounts relating to the Sharer's use and hire of the Property),licences, policies and key performance indicators that the Licensor reasonably requires to assess the use of the Property, [the income received and how this has been applied in accordance with clause 10.39 below], the safety of users and its wider benefit to the local community (including, without limitation, the name and contact details for any third parties who regularly use the Property);
10.37 / To ensure that the maximum capacity for the Property (and any room within it) are not exceeded as a result of the Sharer’s use of the Property. The Licensor’s fire risk assessment for the Property states that the maximum capacity for the Property is 95 people and unless otherwise agreed in writing that figure shall be treated as the maximum capacity for the Property for the purposes of this Agreement.
10.38 / That the door-entry passcode/keysafe passcode(the “Code”), which has been provided to the Sharer by the Licensor, is confidential information. The Sharer further agrees:
10.38.1 that the Code must only be used by the Sharer (including its employees) or third parties hiring the Property pursuant to clause 12.1;
10.38.2not to pass the Code to, or otherwise make the Code available to, any third party (save for third parties hiring the Property pursuant to clause 12.1);
10.38.3to store every record of the Code securely so that it cannot be accessed by any third party (save for third parties hiring the Property pursuant to clause 12.1); and
10.38.4to destroy every record of the Code held by the Sharer as soon as reasonably practicable following the end of the Term (or the earlier determination of this Agreement).
11 / 10.39
11.1
11.2
11.3
11.4
11.5 / Utility Payments / [To apply all income received by the Sharer from the use and hire of the Property pursuant to clause 13.1 for the provision of services at the Property in accordance with this Agreement (including incidental costs such as insurance and staff costs) or for the incorporation of the Sharer or otherwise for charitable purposes such charitable purposes to be agreed with the Licensor (acting reasonably).]
In this Agreement the term “Utility Payment” shall mean one or all of the following four payments which shall be payable by the Licensor in accordance with this clause 11, each payment being an estimate of the costs which the Sharer will incur for:
11.1.1 Utilities supplied to the Property during the three months from and including the date of each payment; and
11.1.2business rates in respect of the Property payable for the period covering the three months from and including the date of each payment.
The Licensor agrees to pay the Sharer the Utility Payments on thefollowing dates during the Term:
Payment 1: The date of this Agreement.
Payment 2:The date three months from the date of this Agreement.
Payment 3:The date six months from the date of this Agreement.
Payment 4:The date nine months from the date of this Agreement.
The four Utility Payments shall be £500 each.
Four months after the date each Utility Payment is made, the Sharer shall determine and certify the amount by which that Utility Payment shall have exceeded or fallen short of the actual expenditure incurred by the Sharer for:
11.4.1 Utilities supplied to the Property during the three months from and including the date of that payment; and
11.4.2business rates in respect of the Property payable for the period covering the three months from and including the date of that payment
and the Sharer shall supply the Licensor with a copy of the certificate and the Sharer shall pay to the Licensor or as the case may be the Licensor shall pay to the Sharer forthwith upon receipt of the certificate the excess or the deficiency.
The Sharer shall provide copies of all relevant supporting documentation to the Licensor to illustrate how the certificates referred to in clause 11.4 were prepared and the Sharer shall respond fully and promptly to any reasonable enquiries of the Licensor regarding such documentation.
11 / Planning permission / The Licensor does not guarantee that the Sharer’s intended use of the Property is in accordance with Town and Country Planning legislation and the Sharer is encouraged to undertake its own enquiries with the Local Planning Authority prior to commencing use.