All
Attached is a copy of the lease document which John Eaton proposed in 2013,
together with an older lease document to which the new lease refers (please
note a map has wrongly been attached to the back of this older lease
document the map should be with another set of documents relating to the
owned land). Both documents were made available by John Reynolds over the
weekend of 26/27 January 2019. It is my understanding that the proposed
lease would replicate that of 2013.
Without any knowledge of legal documents such as these I do note a number of
errors such as
1. The trustees are noted as being of the City of Bradford Scout
Council, which they are not as it does not exist.
2. The new lease appears to address the two District Executives
(Trustees) as a single body, Bradford North and Bradford South Scout
Council.
3. There is no get out clause (disposal of lease), we are committed
to the period of the lease.
4. Whilst we have to maintain the site to a good standard the landlord
may access the site to remove trees without any requirement to return the
land, fence or similar to a reasonable state, making us liable for any
damage his contractors may cause.
Items 1 and 2 can easily be put right and would no doubt be picked up by our
solicitor should we appoint one to confirm the lease. Items 3 and 4 may be
require more learned input.
It is noted that Mr Eaton is now asking for an annual rent of £2000,
reviewed after 4 and 7 years. The e-mail from Mark Stageman defines what
information he requires from the committee and Executives before he
approaches Mr Eaton to complete the lease negotiations. You may wish to
comment on the inflation figure on rent used by Mark in arriving at the
annual payment he proposes to seek.
I would be obliged if you could let me have any comments as quickly as
possible so that we can drive this issue a little further.
Best Regards
Ian Lund
31 Moore Avenue | Wibsey | Bradford BD6 3HJ
Tel 01274 780681 | Mobile 07914092035
Attachment:
DOC300119-30012019165322.pdf
Description: Adobe PDF document
Attachment:
Blackhills 1962 lease.pdf
Description: Adobe PDF document
--- Begin Message ---Hi Ian,
- From: "Mark Stageman" <markstageman@xxxxxxxxxx>
- To: "ian lund" <iel@xxxxxxxxxxxxxxxx>
- Date: Tue, 29 Jan 2019 15:44:04 -0000
Thank you for your note.
No problem at all - of course, in line with the constitutional arrangements for
the Association, the finalised lease would be reviewed by both the BMC and the
Executive Committees before final approval - signed by the two District Chairs
accordingly.
Once the final draft is constructed, I will be sent to the relevant parties.
As previous, I am more than happy to approach John Eaton re: re-factoring of
annual rental payments. However, in terms of process, I do think it would
only be courteous to John, to appraise him of any other concerns at the same
time as our “ask” concerning the annual payment. I would not wish to write on
the subject of monies only to write at a later stage with a series of other
concerns. Given John’s other business commitments and his kind offer of
continued use of his land, i do wish to be as fair to him as possible re:
timeliness and productive use of his time.
To prevent that situation occurring, as Chair of the BMC, can you please gather
any concerns from the relevant parties and let me have them as a consolidated
view. Once, I have that view, I will write to John so he is fully appraised
and able to consider our “ask” accordingly.
I note John Reynolds has kindly sent a copy of the draft lease to facilitate
this process. Thank you John.
re: process of review for the lease - I’ve copied Alison and David into this
note to help you gather any concerns from the respective Executive Committee.
Once we have the view, please let me know and I will approach John accordingly
as I have previously agreed.
In the interim, I will contact the agreed solicitor and gather a view on costs
that are likely to be incurred going forward. I will also ask them for a
preliminary view re: any concerns the draft contract may pose going forward.
I am sure you will agree that this approach not only makes sense but is also
thoughtful of the time commitments of those involved.
My thanks in advance.
With Kind Regards,
Mark.
On 28 Jan 2019, at 17:08, ian lund <iel@xxxxxxxxxxxxxxxx> wrote:
Mark
Thank you for the information. Before you “finalise” on the lease we (the BMC)
need to have sight of it and be able to comment. It is probable that both
District Execs will also need to comment as they are in the end the lease
holders. Has the lease been seen by a solicitor acting for Blackhills (in
whatever guise)?
On a related topic, do you know who holds the copy of the Agricultural Tenancy
Agreement with Keith Downs? I have looked through the limited accounts that I
have access to and cannot find any income from this tenancy. The agreement
will presumably give a clue as to whether there should be one.
Best Regards
Ian Lund
31 Moore Avenue | Wibsey | Bradford BD6 3HJ
Tel 01274 780681 | Mobile 07914092035
From: Mark Stageman [mailto:markstageman@xxxxxxxxxx] ;
Sent: 28 January 2019 16:08
To: ian lund
Cc: John Reynolds; Alison Walton; Linda Malloy; Dave Rollins District Chair
Bradford North
Subject: Re: BLACKHILLS LEASE
Hi Ian,
I hope this note finds you and Brenda well.
My sincerest apology for any delay in responding to your note. Sadly, it has
been an intensely busy period with many priorities elsewhere in the County.
Hence, the delay.
However, I hope this note is timely so you are able to provide your respective
update tomorrow evening.
My intention was to write to John Eaton early in the New Year but other events
have had to take precedence over the last few weeks. Particularly, those
those that involve the welfare of our young people and adults volunteers.
In all likelihood, I will write to John at the weekend seeking the option to go
to finalise on a 10 year lease..
My note will ask John to consider a consistent payment schedule over the 10
year period (no rent increases in the intervening period). Of course, to
offset any financial loss to John, I will suggest a fair increase in years 4 &
7 and that into an agreed annual payment. As you may be aware, the current
position John has proposed is an annual rent payment of £2k (with the option
for the aforementioned rent increases).
In my request, I will assume a rent increase of 10% in years 4 & 7. This would
result in an annual rent payment of £2226. By all means, feel free to check
my numbers (age may have slowed me down a little :-)
As an approach, I will explain to John that our intention is to simplify the
arrangement given our work is volunteer led - negating the need to go through
any protracted discussion during the lease period. Without doubt, it will bring
some degree of consistency to the work of the BMC, so the efforts of our
volunteers can be focused on our young people and the development of Scouting
rather than dealing with contractual matters.
No problem at all, if others wish to take on the task of writing to John if
time is of the essence. Sadly, as I am sure you know, my priorities do often
have to be elsewhere. I am sure you and the committee will understand.
I hope this helps.
Once again, my sincerest apologies for the delay in responding to your original
note.
With Kindest Regards,
Mark.
On 13 Jan 2019, at 18:50, ian lund <iel@xxxxxxxxxxxxxxxx> wrote:
Mark
Can you give me an update on your dealings with Eaton’s over the lease on
Blackhills please. I’d like to have something to report at the next BMC on
29th Jan.
Best Regards
Ian Lund
31 Moore Avenue | Wibsey | Bradford BD6 3HJ
Tel 01274 780681 | Mobile 07914092035
--- End Message ---
