This was agreed with Lingfield Parish Council on 18th May 2010.
MANAGEMENT AGREEMENT FOR CF
THIS AGREEMENT is made the 18th May 2010
1. LINGFIELD PARISH COUNCIL of Lingfield Parish Council Office, Lingfield and Dormansland Community Centre, High Street, Lingfield RH7 6AB (the Council)
2. THE COMMITTEE OF THE LINGFIELD WILDLIFE AREA ASSOCIATION of ‘Pippins’, Swissland Hill, Dormans Park, West Sussex, RH19 6AB (the Association)
1. The Council is the freehold owner of land situated at and known as Centenary Fields Lingfield Surrey as shown edged red on the plan annexed (the Land)
2. The Council and the Association have agreed that the Land shall be used and maintained as amenity land with special emphasis on wildlife conservation
in accordance with the statement of philosophy annexed
3 The Council has agreed to enter into this Agreement with the Association in furtherance of that agreement on the terms hereinafter set out.
NOW IT IS HEREBY AGREED as follows
1. The Association agrees and undertakes with the Council that for a period of Seven years from the date of this agreement (unless determined in accordance with Clause 5 hereof ) (the Period) it will maintain the Land in accordance with the terms of this Agreement
2. Subject to due performance of the terms of this Agreement by the Association the Council agrees and undertakes that for the Period it will :-
2.1 pay within thirty days of the same becoming due the costs incurred by the Association in connection with the obligation contained in Clause 4.2
2.2.1 pay to the Association such amount as shall be included in the Council budget for maintenance of the Land (other than matters for which the Council is responsible hereunder) the year 2003/4 and on the First day of May in each subsequent calendar year during the term of this Agreement the sum of £500 or such other sum as shall be agreed between the parties to enable the Association to undertake the general maintenance of the Land.
2.2.2 pay to the Association such sum as shall represent one half of the cost to the Association of effecting Public Liability Insurance as hereinafter provided
2.3 carry out the work required to be undertaken by the provisions of Clause 4.3 at the cost of the Council
3. The Association agrees and undertakes with the Council throughout the Period and any agreed extension of the same :-
3.1 Not to permit or allow to arise any rights of third parties in respect of the Land and to immediately report any infringement of this provision or any encroachment on the Land to the Council
3.2 Not to use the Land or permit the same or any part of the same in any manner as is or shall cause unreasonable annoyance to the Council or to members of the public lawfully on or in the vicinity of the Land or to the owners and occupiers of neighbouring or adjoining land
3.3 Not to restrict or impede or deny public access to the Land except where necessary from time to time for reasons of public safety or maintenance which cannot be carried out without such restriction
3.4 Not to use or permit or suffer the use of the Land or any part thereof for any purpose other than as a nature reserve managed in accordance with a Management Plan to be agreed between the Council and the Association from time to time Save that the same may be used by either party for agreed community events on adequate notice being given by one party to the other
3.5 Not to carry out any works or permit any action which does or may prejudice the safety of persons using or visiting the Land
3.6 Not without the previous written consent of the Council to carry out any change of use of the Land or any activities which would significantly change the existing biodiversity or types of habitat on the Land
4. The Association further agrees and undertakes :-
4.1 To comply with all statutory regulations and requirements made by any local or other competent authority relating to the use of the Land or the management of the same as a Local Nature Reserve
4.2 To arrange adequate third party insurance cover in respect of the activities of the Association on the Land and to produce a copy of such policy and the premium receipt to the Council when requested
4.3 To advise the Council of any work that it is necessary to be carried out from time to time on the trees within or on the boundaries of the Land existing at the date of the purchase of the Land by the Council on 12 April 1995 except those that are the responsibility of Tandridge District Council and to supervise the work carried out and to ensure that the grassed areas of the Land are maintained in accordance with the management plan agreed from time to time under the Stewardship Agreement with the Countryside Agency under the guidance of DEFRA
4.4 To ensure that all contractors employed by the Association are adequately insured and carry out the work required in a workmanlike manner and in accordance with any management plan agreed between the parties
4.5 To ensure that all paths within the Land are in a safe condition and free from obstruction and holes
4.6 To submit a copy of the Constitution of the Association as at the date hereof to the Council and not to amend the objects of the Association as shown in that constitution without the prior written agreement of the Council
4.7.1 To submit a copy of the Accounts of the Association to the Council following their adoption by the Annual General Meeting of the Association together with a written Report on the management of the Land during February of each year to be presented to the Annual Parish Assembly
4.7.2 To indicate in such Accounts the amounts paid to the Association by the Council in each year and the sums expended from such money and in the event of a dissolution of the Association to pay to the Council in priority to any other distribution (apart from normal creditors for value) the amount of any surplus of such funds
4.8 To inform the Council if grants or other funding is available to the Association for any of the matters for which the Council has agreed to reimburse the Association
5.0 It is hereby agreed between the parties as follows :-
5.1 In the event that any of the agreements and undertakings entered into by the Association shall not be complied with after 28 days written notice of the same shall have been given to the Association the Council has the right to terminate this Agreement at the expiration of such notice
5.2 If the Council shall fail to make payment of the amounts agreed to be paid in Clause 2 hereof the Association shall be entitled within 30 days of such failure to pay to terminate this Agreement by giving to the Council 14 days written notice of termination PROVIDED that the Association shall not be entitled to terminate this Agreement only by virtue of the Council being unable to employ competent contractors to undertake such work
5.3 If the Association shall wish to terminate this Agreement at any time and shall give to the Council not less than six months written notice this Agreement shall determine at the expiry of such notice
5.4 On the expiration of written notice as provided in Clauses 5.1, 5.2 and 5.3 this Agreement shall determine and be of no further force and effect but without prejudice to any rights or remedies that may have accrued
5.5 The liability of the Association and its members shall for all purposes be limited to the realisable value of the Association's assets and no personal liability shall attach to any member of the Association except to the extent of any fraud or dishonesty by them
Schedule to Management Agreement
This schedule attaches to and forms part of the Management Agreement between Lingfield Parish Council (the Council) and Lingfield Wildlife Area Association (LWAA), dated 14 April 2003.
In creating Centenary Fields nature reserve, Lingfield Parish Council has exercised a philosophy that emphasises amenity value as well as conservation considerations. This includes the use of introduced and cultivated species of plants (trees, herbs, etc.), furniture and signs, and particular mowing regimes. LWAA will maintain this philosophy in perpetuity.
In addition to meeting its obligations in Section 4.3 of the Management Agreement, LWAA shall extend, modify or re-seed the grassed areas of the reserve as it sees fit, in a manner consistent with the general approach described above and in accordance with its Stewardship Agreement with the Countryside Agency.
In addition to meeting its obligations in Section 4.3 of the Management Agreement, LWAA shall carry out any necessary work on immature trees planted since 12 April 1995 on the reserve and shall be responsible for planting such new trees as is consistent with the general approach described above and in accordance with its Stewardship Agreement with the Countryside Agency.
LWAA shall arrange to:
1. Cut or trim all hedges on the land as often as it sees fit. It will not do so when birds are nesting, except where agreed with the Council.
2. Remove from the site or burn at the earliest opportunity all arisings from this and other work on the hedges, except where agreed with the Council.
3. Replace with suitable native species any damaged plants that create gaps in the hedges.
LWAA shall arrange to:
1. Cut back grass and plant growth on the banks of drainage ditches as it sees fit.
2. Remove all gathered silt where it is liable to cause unwanted blocking of ditches.
3. Remove any unwanted debris blocking the flow of water in ditches.
Where LWAA deems it worthwhile, it will encourage or arrange for a slow water flow or puddling in ditches, to the benefit of wildlife.