Dated2015
Licence
relating to the area known as []
between
THE CORNWALL COUNCIL
and
[] TOWN/PARISH COUNCIL
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THIS LICENCE is dated 2015
Parties
(1)THE CORNWALL COUNCIL of New County Hall, Treyew Road, Truro TR1 3AY (Licensor).
(2)[ ] TOWN/PARISH COUNCIL of [] (Licensee).
Agreed terms
1.Interpretation
The following definitions and rules of interpretation apply in this licence.
1.1Definitions:
Services: the maintenance of the Site as a grassed open space to include:
- cutting and trimming grass at regular intervals and on at least four occasions between 1 April and 31 October each year;
- trimming hedges;
- regular pruning of trees (if any) within the Site;
- keeping the Site free from invasive weeds and species;
- removing all cuttings, trimmings, weed and other waste material from the Site and disposing of it in accordance with all statutory provisions;
- litter picking the Site as often as reasonably necessary but always prior to grass cutting and disposing of the collected litter in accordance with all statutory provisions;
- disposing of any items removed from the Site in accordance with all statutory provisions;
- maintainingall structures andfurniture located on the Sitein good repair and condition and painted or otherwise treated as and when necessary;
- maintaining ancient monuments located on, in or under the Site in accordance with any prescriptions or restrictions imposed by its status as an ancient monument (if any);
- maintain the pond[s] in good condition, free from harmful algae and sufficiently stocked with plants;
- maintain any water pumps in good repair and condition.
Site: the land at []shown edged red on the plan attached to this licence.
2.Licence
2.1The Licensor permits the Licensee to enter onto the Site to provide the Services from the date of this licence until terminated in accordance with clause 4.
2.2The Licensee acknowledges that:
(a)the Licensee shall enter onto the Site as a licensee and that no relationship of landlord and tenant is created between the Licensor and the Licensee by this licence;
(b)the Licensor retains control and possession of the Site and the Licensee has no right to exclude the Licensor from the Site;
(c)the licence granted by this agreement is personal to the Licensee and is not assignable and the rights given in clause 2 may only be exercised by the Licensee and its employees.
3.Licensee’s covenants
The Licensee agrees and undertakes:
(a)to provide the Services;
(b)to notify the Licensor should the Licensee discover the presence of (or reasonably suspect to be present) Japanese Knotweed on the Site;
(c)to prevent any cuttings, trimmings or weeds to pass onto the public highway;
(d)to dispose of all cutting, trimmings, weeds and litter collected as part of the Services through a commercial waste operator in accordance with all statutory provisions;
(e)not to damage any signposts located on the Site and to notify the Licensor as soon as reasonably practicable following any damage;
(f)not to make any alteration or addition whatsoever to the Site other than as permitted by the Services;
(g)to replace any structures orfurniture that become beyond economical repair;
(h)not to display any advertisement, signboards, nameplate, inscription, flag, banner, placard, poster, signs or notices at the Site [other than those erected at the date of this licence];
(i)not to do or permit to be done on the Site anything which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Licensor or any owner or occupier of neighbouring property;
(j)not to permit the grazing of any animals on the Site;
(k)at its own expense immediately to take out and thereafter to keep in force throughout the term created by this licence an insurance policy for a minimum cover of £5 million in respect of any one accident and/or series of accidents arising out of any one event but otherwise without limitation) against all risks arising in consequence of the user of the Site for the purposes mentioned in this agreement;
(l)at its own expense to comply with all requirements of any local or other statutory authority in relation to the Site including (but without prejudice to the generality of the foregoing) all requirements of the Licensor in its capacity as highway authority;
(m)to indemnify the Licensor and keep the Licensor indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:
(i)this licence;
(ii)any breach of the Licensee's undertakings contained in clause 3; and/or
(iii)the exercise of any rights given in clause 2.
4.Termination
4.1This licence shall end on the earliest of:
(a)the expiry of any notice given by the Licensor to the Licensee at any time of breach of any of the Licensee's obligations contained in clause 3; or
(b)the expiry of not less than two weeks' notice given by the Licensor to the Licensee or by the Licensee to the Licensor.
4.2Termination of this licence shall not affect the rights of either party in connection with any breach of any obligation under this licence which existed at or before the date of termination.
5.Limitation of Licensor's liability
5.1Subject to clause 5.2, the Licensor is not liable for:
(a)the death of, or injury to the Licensee or its employees; or
(b)damage to any property of the Licensee or that of the Licensee's employees; or
(c)any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by Licensee or the Licensee's employees in the exercise or purported exercise of the rights granted by clause 2.
5.2Nothing in clause 5.1 shall limit or exclude the Licensor's liability for:
(a)death or personal injury or damage to property caused by negligence on the part of the Licensor or its employees or agents; or
(b)any matter in respect of which it would be unlawful for the Licensor to exclude or restrict liability.
6.Third party rights
A person who is not a party to this licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this licence.
7.Governing law
This licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
8.Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this licence or its subject matter or formation (including non-contractual disputes or claims).
This licence has been entered into on the date stated at the beginning of it.
Signed on behalf of the Licensor……………………………………………………
by an authorised signatory
Signed on behalf of the Licensee……………………………………………………
by an authorised signatory
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