Burton Bradstock Parish Council

5^th January 2011

Burton Bradstock Library

Progress report

The Draft Lease & Community Use Agreement

Following the last PC meeting progress has improved. On 21 December the PC’s solicitor emailed DCC accepting their latest drafting of the lease and requesting copies for signature.

The Community Use Agreement, which is essentially the protocol for operating the Premises while DCC still requires them to provide library services, has not changed.

In summary the changes achieved are:

1.    Amendments to clause 3.9.1 clarifying that we can hire out the whole of the library while it is not wanted for library services. 

2.    Amendments to clause 3.9.3 that permit the PC to sub-let the Premises once the Community Use Agreement has terminated, i.e. they have ceased to be used for library services.  The PC would have to agree the terms of any sublease with DCC, but the principle of sub-letting is now accepted in the drafting. 

The drafting is still unsatisfactory in that:

·      The risks identified in the Chairman’s report to the special PC meeting on 29 July 2010 remain. At that meeting the PC decided to accept and manage these risks.

·      There is a drafting ambiguity in that while the PC is permitted to sub-let once the Community Use Agreement has terminated, the sub-tenant must enter into the Community Use Agreement with DCC. Discussions with our solicitor indicate that it would take some time to iron out this detail, which should be capable of satisfactory resolution if/ when the circumstances arise.

In addition DCC has agreed in principle that the PC can sublet to the Friends (form of sublease to be agreed with the Friends and DCC), and subject to the Friends signing the Community Use Agreement.  As the Friends do not necessarily want a sublease at the moment, this is just an option that could be considered if the Friends’ application for charitable rate relief is unsuccessful (see below). 

I shall put the draft lease and Community Use Agreement as above in my tray in the Reading Room should members wish to read it. Please do not remove these drafts from the Reading Room and return them to my tray after use.

Liaison with the Friends

Under the terms of the draft joint use agreement approved by the PC at its December meeting, the Friends’ ability to claim rate relief is not as clear cut as if they were the PC’s tenant. At the time of drafting the Friends’ application for charitable rate relief is under consideration by WDDC and any update on the position will be reported orally to the Council at its meeting. Currently the rates are some £950 per annum.

Recommendation:

That the Council agrees to enter into the lease and community use agreement as amended.

 

Councillor Graham Moody

Burton Bradstock Parish Council

29 November 2010