HEADS OF AGREEMENT
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*C entre).
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 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 giving 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.
Dated this //,' day of / ,2001
Signed by
BRIAN G KENDRICK
Property Manager for and on behalf of
OFFICE OF TREATY SETTLEMENTS
