MINUTE OF AGREEMENT

between
THE ABERDEENSHIRE COUNCIL, incorporated by and acting under the Local Government etc (Scotland) Act, 1994 and having their Principal Offices at Woodhill House, Westburn Road, Aberdeen (who and whose successors are hereinafter referred to as "the Council") OF THE ONE PART

and

STONEHAVEN ARTS AND LEISURE TRUST, a company incorporated under the Companies Acts (company number SC154126) and having its registered office at 50 Allardice Street, Stonehaven (who and whose successors in the Sub-tenant’s interest under the Sub-lease hereinafter mentioned are hereinafter referred to as "the Trust") OF THE OTHER PART

CONSIDERING THAT;
(i) the Council Sub-lease to the Trust in terms of a Sub-lease executed by the parties of even date with their execution of these presents ALL and WHOLE those subjects known as Stonehaven Town Hall, Allardice Street, Stonehaven (hereinafter referred to as "the facility");
(ii)    immediately prior to the date of entry under the Sub Lease (“the commencement date”) the facility was operated by the Council as a community facility for the benefit of the community of Stonehaven and the surrounding area;
(iii) the parties have agreed to enter into this Agreement to provide for the continued use of the facility by groups and organisations during the initial three year period of the Sub-lease;

NOW THEREFORE the Council and the Trust HAVE AGREED and DO HEREBY AGREE as follows:-

1.1 Where the Council have prior to the commencement date entered into a booking arrangement with a user for the use of the facility beyond the commencement date the Trust will permit the use of the facility in accordance with such booking arrangement.

1.2 The Council will provide to the Trust details of any such booking arrangement as is referred to in paragraph 1.1 as soon as reasonably practicable following the commencement date. 
 
2.1 Where during the year ending on the commencement date a regular pattern of  booking the facility by a user on a weekly, monthly, quarterly or termly basis can be demonstrated, the Trust will allow that user to continue to use the facility following the commencement date in accordance with such pattern if the user so wishes and for so long as the pattern remains uninterrupted.

2.2 Where a user continues to use the facility pursuant to paragraph 2.1, The Trust will be entitled to vary the arrangement by cancelling (i) no more than one session per year  where the user uses the facility on no more than eight occasions in a year and (ii) no more than two sessions per year where the user uses the facility on more than eight  occasions in a year; Provided that the Trust will only be entitled to vary an arrangement under this paragraph 2.1 to facilitate the use of the facility for a major event, being an event which takes place on no more than two occasions per year.
    
3.1 The Trust will continue to make the facility available for any major event which has taken place during the year prior to the commencement date including without prejudice to the generality the Stonehaven Folk Festival and the Stonehaven Pantomime. In respect that the precise date of major events may vary from year to year, the Trust will make the facility available in terms of this paragraph on such date or dates as are reasonably equivalent to the date or dates on which the event has taken place on previous occasions having regard to all relevant considerations including without prejudice to the generality, the fact that the event may on previous occasions normally have taken place during a particular weekend or school holiday period.

4.1 Subject always to the terms of the Sub-lease the Trust will be entitled to carry out redecoration and renovation work to the facility provided that (i) such work is carried out in such manner as will cause the least disturbance practicable to regular users of the facility and (ii) the Trust will use its best endeavours to procure suitable alternative accommodation for all regular users of the facility whose use is thereby disturbed at a comparable cost, such cost to be met by the relevant user.
   
5.1 Where any user makes use of the facility pursuant to the foregoing provisions of this Agreement, the Trust will not be entitled to increase the charge levied for that use of the facility by more that twenty per cent in each year following the commencement date using the rate levied by the Council immediately prior to the commencement date as the base rate.

6.1 This Agreement shall operate to regulate the use of the facility during the period of three years following the commencement date only.
      
7.1 The Trust shall take any successor in the interest of sub-tenant under the Sub-lease bound to observe the terms of this Agreement and shall procure that such successor  enters into an Agreement with the Council on the same terms as herein contained in respect of any part of the three year period referred to in paragraph 6.1 remaining at the time such successor succeeds to the interest of sub-tenant.

8.1 In the event that the Trust fails to observe the terms of this Agreement, without prejudice to any other remedies available to the Council it shall be at the option of the Council upon sending written notice by first class recorded delivery post to the Registered Office of the Trust to require the Trust at no cost to the Council to grant a Renunciation of the Sub-lease in favour of the Council. In the event that the Council exercise such option the Trust will without prejudice to the rights of the Council in respect of any antecedent breach of the terms of the Sub-lease or this Agreement, deliver to the Council forthwith a validly executed Renunciation of the Sub-lease the renunciation date falling on the expiry of a period of Twenty-one days following the date of posting the said notice IN WITNESS WHEREOF