LIBRARY – DOCUMENT ARCHIVE
• Agreements up to 2008
INDEX
The table below provides links to files recording agreements – such as leases, licences or commercial contracts – made (or intended to be made) between the Charity and other parties.
Those agreements that are currently in force and legally binding upon the Charity are indicated by their row’s first cell being highlighted in green. The fourth cell in each row states the term for which the agreement was intended to be effective, or simply ‘nil’ if the agreement was merely draft or unratified.
TYPE
DATED
DESCRIPTION
TERM
LINK
Licence
23-04-2008
Licence drawn up between the Managing Trustees and Surrey County Council specifying the terms and conditions intended to govern the Howard of Effingham School‘s use of the Charity’s facilities. It was intended to be effective from 1 September 2007 for a term of five years. The Licence was not legally satisfactory because its wording failed to cover adequately the possibility of the Charity’s particular signatories ceasing to be Trustees before the end of the Licence term.
2007-2012
link Ø
Memorandum
15-01-2007
Memorandum drawn up between the Charity’s Committee of Management and Little People’s Nursery (of Effingham) specifying the terms and conditions intended to govern the latter organisation’s use of the Charities’s facilities. It was intended to be effective from 1 January 2007 until such time as either party determined it. The Memorandum failed to be legally binding on the two (unincorporated) parties because inadequacies in its wording and signing caused it only to establish an agreement between the signatories as two private individuals.
2007-
link Ø
Agreement
01-07-2005
Agreement between the Trust’s Committee of Management and Effingham & Leatherhead Rugby Football Club as to the terms and conditions intended to govern the latter organisation’s use of the Trust’s facilities. It was intended to be effective from 1 July 2005 until such time as either party determined it. The Agreement failed to be legally binding on the two (unincorporated) parties because inadequacies in its wording and signing caused it only to establish an agreement between the signatories as two private individuals.
2005-
link Ø
Licence
17-07-2003
Counterpart of Licence granted by Effingham Parish Council (as Landlord) to the Mount Green Housing Association Limited granting access by the latter party and its tenants (in particular those residing at Howard Court in Browns Lane) by foot onto the KGV playing fields for recreational and other reasonable purposes. It was intended to be effective from 17 July 2003 until such time as either party determined it. The Licence failed to be legally binding because its wording did not articulate the basis on which those signing it were authorised to do so.
2003-
link Ø
Memorandum
07-1996
Memorandum setting out the joint understanding of the Charity’s Committee of Management, Effingham Parish Council (as Custodian Trustee) and Effingham Playing Fields Association Limited as to the purpose and operation of the latter organisation on the Charity’s premises. It became known as “The Tripartite Agreement” and was intended to be effective from 1 January 1996. It was not signed by any party nor was it designed or intended to be, so was of no legal significance. The file begins with a single-page letter from Peter Grobel (Parish Council Chairman) to “John”, most probably John R. Bond who at that time was the CoM’s Communications Secretary.
1996
link Ø
Memorandum
17-03-1987
Memorandum specifying the terms and conditions under which Effingham Rugby Football Club would use the facilities of the Charity with the agreement of the Committee of Management. It was required to be effective from 1 May 1986. The intended term was indefinite but with provisions for termination by either party and for review each November. The Memorandum failed to be legally binding on the two (unincorporated) parties because inadequacies in its wording and signing caused it only to establish an agreement between the signatories as two private individuals.
1986-
link Ø
Licence
19-10-1973
Licence granted by Effingham Parish Council (as Trustee) to the Effingham Parochial Church Council allowing use of a small piece of land on the KGV playing fields adjacent to St. Lawrence churchyard for the purpose of disposing of green waste. The Licence specified a term of one year with automatic annual renewal unless terminated by either party.
1973-
link Ø
Correspondence re draft leases
1967-70
Correspondence relating to the draft Lease for Effingham Playing Fields Association Ltd intended to take effect in 1969, from which it is clear that it was never ratified.
nil
link Ø
Draft Lease
1969
Draft of Lease (both Original and Counterpart) drawn up between Effingham Parish Council (Lessor) and Effingham Playing Fields Association Limited (Lessee). It was undated save for specifying the year as 1969. It had been authorised by the Secretary of State for Education and Science but was not subsequently dated, signed or executed by the parties.
nil
link Ø
Order
17-07-1968
Order by the Secretary of State for Education and Science that Effingham Parish Council (as Trustee) might within one year sell to Surrey County Council as Highways Authority a small piece of land (0.07 acres) opposite Effingham Junction Station held by the Charity. This strip of pavement in front of a bus shelter had been been given to Effingham Parish Council by Robert Reitmeyer Calburn at the same time as he had also conveyed to EPC part of the Common for use as a cricket field.
1968
link Ø
Draft Lease
01-10-1966
Draft of Counterpart of Lease drawn up between the KGV Committee of Management (as the purported but inappropriate Lessor) and Effingham Playing Fields Association Limited (Lessee). The Counterpart was signed by the Lessee. However, it was invalid for several reasons; consequently it had not gained the necessary authorisation by the Secretary of State for Education and Science, who confirmed this position to Effingham Parish Council (the appropriate Lessor) in a letter dated 30 March 1967.
nil
link Ø
Request for Lease
07-02-1964
Extract from a letter sent by the KGV Committee of Management to the Eastwick Park Cricket Club explaining why the latter’s request for a lease on the playing fields could not be granted, being incompatible with the objects of the Charity.
1964
link Ø
Deed
07-11-1960
Deed of Grant from Effingham Parish Council (as Landlord) to The South Eastern Electricity Board permitting the latter to construct and thereafter maintain an underground electricity cable crossing the KGV playing fields. The earlier 1954 Lease was hereby commuted into a right of access for a fee of £10.
1960
link Ø
Lease
07-11-1960
Typed transcription of the above Counterpart of Lease granted by Effingham Parish Council (as Trustee and Landlord) to Effingham Cricket Club giving them use (for a nominal annual rent) of the ‘Calburn Cricket Field’ at Effingham Common. The Counterpart was signed in 1960 but made effective from 1 January 1957, for a period of 21 years.
1957-1978
link Ø
Lease
07-11-1960
Counterpart of Lease granted by Effingham Parish Council (as Trustee and Landlord) to Effingham Cricket Club giving them use (for a nominal annual rent) of the ‘Calburn Cricket Field’ at Effingham Common. The Counterpart was signed in 1960 but made effective from 1 January 1957, for a period of 21 years.
1957-1978
link Ø
Deed
21-11-1958
Counterpart of Deed of Grant from Effingham Parish Council (as Landlord) to Surrey County Council permitting the latter to construct and thereafter maintain a sewer crossing the KGV playing fields. The Deed was dated on the same day as the preceding highways agreement.
1958
link Ø
Agreement
21-11-1958
Agreement made between Effingham Parish Council and Surrey County Council whereby the former (as Trustee and Landlord) would dedicate 1.23 acres of the KGV playing fields bordering the Guildford Road and Browns Lane to the use of the public for highways improvements, granting SCC unfettered access and use of that land.
1958
link Ø
Deed
07-08-1957
Deed of Release granted by Effingham Parish Council (as Trustee) to Frederick Arthur Oak (builder) releasing to him the benefit of covenants over a plot of land near to the KGV playing fields that had been put in place in 1933 when that plot had been conveyed to Noel Rodney Salwey Docker by the trustees of the Pauling estate. Oak paid £100 to EPC to be released from the covenants.
1957
link Ø
Correspondence re Deed of Release
1956-57
Correspondence relating to the preparation of the above Deed of Release granted in 1957 by Effingham Parish Council to Frederick Arthur Oak.
1956-57
link Ø
Lease
01-10-1954
Lease granted by Effingham Parish Council (as Trustee and Landlord) to The South Eastern Electricity Board giving them use of a small parcel of land in the south-eastern corner of the KGV playing fields for the siting of an electricity transformer substation, for a period of 99 years with effect from 24 June 1954. It seems that the original document has been lost – the scan here is of a certified true copy made in February 2005.
1954-2053
link Ø
Order
01-04-1954
Order by the Minister of Education that Effingham Parish Council (as Trustee) might dedicate to the use of the public two small strips of land (being parts of the KGV playing fields bordering the Guildford Road and Browns Lane) for the purpose of enabling highway improvements.
Note – a hand-written note on the document states that this order was not effected but was superseded by a new order by the Minister of Education for the same intended purpose; this new order was dated 11 June 1958.
nil
link Ø
Agreement
03-10-1947
Agreement in 1947 by which Effingham Parish Council (as Trustee) granted to farmer Ernest Arthur Killick the right to graze cattle on part of the KGV playing fields, namely on the same area as they had granted to him by a tenancy agreement in 1942 but now excluding the football field.
1947
link Ø