Nat-Trust-Council-Agreement-re-C...

THE NATIONAL TRUST AND LYMPSTONE PARISH COUNCIL
AGREEMENT
relating to
CLIFF FIELD
THIS DEED is made the 10 th day of May One Thousand Nine Hundred and Forty Three
BETWEEN THE NATIONAL TRUST FOR PLACES OF HISTORIC INTEREST OR NATURAL
BEAUTY incorporated by the National Trust Act 1907, of 7 Buckingham Palace Gardens,
Westminster in the County of London (hereinafter called “The National Trust”) of the one part and
THE LYMPSTONE PARISH COUNCIL (hereinafter called “the Council” of the other part).
WHEREAS the National Trust are seised in fee simple of the land known as Cliff Field and Avenue
Field situate at Lympstone in the County of Devon, numbered 56, 57 and 58 on the Ordinance
Survey Map for Devon 1933 Edition Sheets XCIII 9 and by admeasurement 6 acres 2 roods and 3
perches or thereabouts and more particularly delineated on the plan annexed hereto and thereon
shown by the colour pink.
AND WHEREAS it has been agreed between the parties hereto that the said hereditaments shall be
placed under the management and control of the Council subject to the provisions hereinafter
contained.
NOW THIS DEED WITNESSETH that in pursuance of the said Agreement and in consideration of
the premises, IT IS HEREBY AGREED AND DECLARED by and between the parties hereto and
The National Trust as to the covenants and agreement hereinafter contained on their part do hereby
COVENANT and AGREE with the Council and the Council as to the covenants and agreements
hereinafter contained on their part to COVENANT and AGREE with the National Trust in the
manner following that is to say:
1. The said hereditaments shall subject to the provisions of this Agreement be managed and
controlled by the Council at the expense of the Council who shall be responsible for the payment of
all outgoings in respect thereof.
2. The National Trust and the Council shall co-operate in maintaining the said hereditaments
for the benefit of the Nation and shall resist all encroachments on the said hereditaments and all acts
tending to injuriously affect the said hereditaments or prevent them continuing for such benefits.
3. For the attainment of the objects aforesaid the National Trust shall report to the Council and
the Council to the National Trust forthwith any encroachment or attempted encroachment on the
said hereditaments or any proposal by Bill in Parliament or otherwise which seems likely to
injuriously affect the said hereditaments.
4. Except in cases of emergency all questions which may arise from time to time in relation to
the said hereditaments shall in the first instance be referred to the Council either for action or
consideration and report as the case may be and the Council shall from time to time observe and
comply with any reasonable and proper directions relating to the management of the said
hereditaments which may be given to them by the Executive Committee of the National Trust.
5. The Council shall be entitled to exercise in the name and on behalf of the National Trust all
powers and authorities which can lawfully be exercised from time to time by the National Trust for
the prevention of nuisances and the preservation of order on the said hereditaments to protect the
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natural beauty of the said hereditaments and generally for the management thereof for the
enjoyment of the public PROVIDED that the Council shall not without the consent of the National
Trust (to be expressed by a resolution of the Executive Committee of the said Trust)
(a)
(b)
(c)
erect any building or other structure or make any enclosure on the said hereditaments or do
authorise or assent to any act by which the natural aspect of the said hereditaments or any
distinctive natural feature thereof shall be altered or injuriously affected or
create or authorise or assent to any act which may tend to create any legal right or interest in
over or relating to the said hereditaments
incur any pecuniary liability on behalf of the National Trust.
6. The Council may receive rents subscriptions and donations and may apply the same in the
payment of any outgoings and in defraying the expenses of managing the said hereditaments which
may include the salary of the Clerk in connection with such management.
7. The Council shall each year make a report to the National Trust of their proceedings during
the past year in relation to the said hereditaments and the said report accompanied by a full
statement of the receipts and expenditure of the Council (if any) in relation to the management of
the said hereditaments during the year.
8. The National Trust and the Council may by agreement under seal or by resolution passed
both by the Executive Committee of the National Trust and by the Council cancel or vary the
provisions of this Agreement or any of them.
9 The National Trust hereby undertake to indemnify the Council against all proceedings
claims expenses and liabilities which may be taken or made against or incurred by the Council by
reason of any person falling over the cliff forming the eastern boundary of the said hereditaments
except such fall be due to the fault or negligence of the Council.
10. This Agreement shall be determinable at any time after the Twelfth day of July One
Thousand Nine Hundred and Forty Three by six months previous notice in writing given by either
party to the other.
IN WITNESS whereof the National Trust have caused their Common Seal to be hereunto
affixed and the Chairman and the Members of the Council have hereunto set their hands.
SIGNED AND SEALED
on behalf of the Lympstone
Parish Council
Signed Lewis Hide (Chairman)
Signed Leonard Piatt (Vice-Chairman)
Signed N.H. Mallet
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