| LANDLORD | KNIGHT FRANK on behalf of OFFICE OF TREATY SETTLEMENTS |
| TENANT | COLLIS JOHN BLAKE as Convener for Levin Adventure Park, a non profit organisation to be formed |
| PROPERTY | OXFORD STREET, LEVIN |
| PROPERTY DESCRIPTION | Former Levin Primary School Site 93-113 Oxford Street, Levin 3.2767 hectares more or less being Pt Section 28 Levin suburban C/T 46C/835 Wellington Land Registry (excluding land leased to the Horowhenua District Council as a Visitors Inforrnation Centre). |
| RENT REVIEWS | Rent reviews will be held every 5 years from commencement date. |
| RENT | 55,000 (plus GST per annum) payable 6 monthly in advance by automatic payment. |
| TERM | Ten years commencing 22/2/2001 subject to the clauses below. |
| RIGHT OF RENEWAL | A right of renewal exists for a further term of ten years subject to the clauses below. |
| SUBLEASING | The landlord will not unreasonably withhold any request from the Tenant to sublease all or part of the property. |
| RATES | Tenant responsibility for annual rates to be invoiced annually to the tenant by the landlord. |
| USE | For purposes beneficial to the community with an emphasis on youth. |
| UTILITIES | The Tenant is responsible for all outgoings, being maintenance of grounds, rubbish removal and other utilities or services including the protection of the Oak trees on site, these are to be maintained in a husband like manner. |
| RESOURCE MANAGEMENT ACT | The Tenant is responsible for Resource Management Compliance in accordance with its intended use. |
| MAINTENANCE | The Tenant shall provide for the future maintenance of the fences. |
| INDEMNITY | The tenant shall indemnify the Landlord against all damage or loss resulting from any act or omission on part of the Tenant or Tenant's employees or contractors. The Tenant shall recompense the Landlord for all expenses incurred by the Landlord in making good any damage to the property resulting from any such act or omission.. The tenant shall be liable to indemnify only to the extent that the Landlord is not fully indemnified under any policy of insurance. |
| PUBLIC IDEMNITY INSURANCE | The Tenant is responsible to keep current an insurance policy to cover public risk. |
| ACCESS | The owner or their representative will have access to inspect the property by Riving 24 hours notice. |
| ARBITRATION | In case any dispute or difference shall arise between the parties touching the construction of this Agreement or as to any matter or thing arising hereunder, such dispute or difference, if not otherwise provided for by any of the foregoing provisions shall be referred to the Arbitration of a single Arbitrator in case the parties can agree on one and otherwise to two Arbitrators, one appointed by each of the parties or to their Umpire (such Umpire to be appointed by the Arbitrators before proceeding to the reference) and in either case in accordance in all respects with the provisions contained in the Arbitration Act 1908 or any statutory modification or re-enactment thereof for the time being in force. |
AND it is hereby declared as follows:
1. In the event of a breach of any of the conditions of this agreement, or in the event of the whole or any portion of the said land being required for sale or other purpose this agreement may be determined at any time by the Landlord, in respect of the whole or any portion of the land upon the Landlord giving to the Tenant not less than one calender month's notice in writing of its intention so to determine this agreement.
2. Upon the expiration or soon determination of the agreement, either as to the whole or any part of the said land, the tenant shall not be entitled to compensation for any improvement affected by it and shall within six months if required by the Landlord to do so shall remove all buildings, enclosures, fencing or other improvements effected or purchased by it.
Should this agreement be determined pursuant to this clause the tenant acknowledges to the fullest extent permitted by law that is shall have no claim for any loss harm or damage it may thereby suffer and notwithstanding any rule of law on equity to the contrary hereby waves and released the Landlord from all and any liability in respect of any such determination.