Archived decisions

      DATED 2006

EASTLEIGH BOROUGH COUNCIL

and

HAMPSHIRE COUNTY COUNCIL

MANAGEMENT AGREEMENT

relating to Bursledon Windmill

Windmill Lane Bursledon Hampshire

                P C B Robertson

                Chief Executive

                Hampshire County Council

                The Castle

                Winchester SO23 8UJ

R22/C/6

May 2006

5L150497

THIS AGREEMENT is made the day of 2006 BETWEEN EASTLEIGH BOROUGH COUNCIL of Civic Offices Leigh Road Eastleigh in Hampshire (hereinafter called "the Borough Council") of the first part and HAMPSHIRE COUNTY COUNCIL of The Castle Winchester in Hampshire (hereinafter called "the County Council") of the second part

WHEREAS:

(a) This Agreement is supplemental to an Agreement ("the Principal Agreement")

    dated the 28th day of February 1986 made between the Borough Council of the one part and the County Council of the other part relating to the provision of a museum at Eastleigh and the management thereof by a joint committee comprising representatives of the Borough Council and the County Council ("the Committee")

(b) By a Lease ("the Lease") dated 15th March 2000 made between Hampshire Buildings Preservation Trust Limited ("the Trust") of the one part and the County Council of the other part the Trust demised unto the County Council the land and premises known as Bursledon Windmill Windmill Lane Bursledon Hampshire as more particularly described in the Lease ("the Windmill") for the term of 25 years from the 1st day of April 1990 at the rent reserved by and subject to the covenants on the part of the tenant and conditions contained in the Lease

(c) The parties hereto have agreed that during the existence of both the Principal Agreement and the Lease the management of the Windmill shall de dealt with in the manner and in accordance with the provisions hereinafter contained

NOW THIS AGREEMENT WITNESSETH as follows:

1. DURING the existence of both the Principal Agreement and the Lease the management of the Windmill shall be undertaken in the manner hereinafter appearing

2. (a) FOR the purpose of considering and dealing with any

      matters relating to the management of the Windmill only the Committee shall comprise two representatives appointed by the Borough Council two by the County Council and two by the Trust ("the Windmill Committee")

    (b) THE two members of the Windmill Committee appointed by the Trust for the purpose of aforesaid shall be entitled to attend and vote in respect of matters relating to the Windmill at meetings of the Windmill Committee

    (c) THE provisions of sub-clauses (b) (c) and (d) of Clause 2 of the Principal Agreement shall apply to the appointment of the two representatives of the Trust the two representatives of the Borough Council and the two representatives of the County Council to the Windmill Committee

    (d) THE provisions of sub-clauses (i) (j) and (k) of Clause 2 of the Principal Agreement shall apply in respect of policy day to day operation staff and accounts of the Windmill so far as the same are appropriate to the Windmill and such matters shall include ensuring compliance with the provisions of the Lease

    (e) CLAUSES 5 and 6 of the Principal Agreement shall apply in respect of capital expenditure and revenue expenditure in respect of the Windmill

3. THIS Agreement shall terminate upon the expiration or sooner determination of the Principal Agreement or the Lease

IN WITNESS whereof the parties hereto have executed this document as a Deed delivered the day and year first before written

THE COMMON SEAL of EASTLEIGH )

BOROUGH COUNCIL was hereunto )

affixed in the presence of:

          Borough Solicitor

THE COMMON SEAL of HAMPSHIRE )

COUNTY COUNCIL was hereunto )

affixed in the presence of:

          Authorised Signatory