ANNEX TO STADIUM LEASE

MEMORANDUM OF AGREEMENT between HORSFALL COMMUNITY STADIUM CIC and ATHLETIC CLUB

Definitions: “The Stadium” is Horsfall Community Stadium CIC which manages and operates the stadium facilities on behalf of Bradford (Park Avenue) FC as leaseholder from the of Bradford Metropolitan District Council. Horsfall Community Stadium is a subsidiary of The Horsfall Community Trust. “The Club” is Bradford Airedale Athletic Club, its members, including social and second-claim members, and those that the club authorises as bona fide members. “Anchor Users” are The Club, Bradford (Park Avenue) Football Club and West Bowling Amateur Rugby League Club. “Athletics Facilities” comprise the full track and run-off areas, all field event areas, and all associated equipment, for which see Schedule 1.

“Club Facilities” comprise agreed indoor social meeting areas and changing, toilet, and showering facilities, available at scheduled training times, a suitable location for club notices, information and memorabilia, and suitable on-site car and cycle parking. It includes all athletics equipment owned by the club or maintained on behalf of The Stadium by The Club. The “Events Partner” is an organisation appointed by The Club to organise relevant events that contribute to the maintenance and development of the Athletics Facilities.

“Public Hours” are designated periods each weekday when the Athletics Facilities are open to the general public, on payment of a fee to The Stadium. “Reserved Time(s)” are Tuesday and Thursday evenings, 6pm to 9pm, and Sunday mornings, 8am to 1pm, year-round.

“The Term” is the duration of the lease held by The Stadium.

WHEREAS both Parties wish to maintain and develop the Athletics Facilities and maximise the use of said facilities for the benefit of the community Both parties hereby mutually AGREE on this first day of May 2021 as follows:

1. The Facilities: A. The facilities at The Stadium for athletes (including walkers, runners, triathletes, and all sports that can benefit from the facilities) shall provide training opportunities for all athletics disciplines (“Athletics Facilities”) and related facilities to permit the hosting of club training sessions, races, or public events (“Club Facilities”). B. The Club is the exclusive partner and designated Anchor Club for athletics and athletics-related disciplines at The Stadium for The Term, subject to satisfactory conduct, membership levels and financial contributions by The Club. i. The Stadium recognises The Club as principal advisor on the upkeep, safe use and development of the Athletics Facilities. The Club may recommend external specialists to The Stadium for the upkeep and development of the Athletics Facilities. ii. Both parties shall collaborate to maximise the use of the Athletics Facilities. C. At the date of signing this agreement it is recognised that facilities for high jump, javelin, and hammer are not available, and those for pole vault and steeplechase require remedial work to be functional. The parties aim to restore all these discipline facilities as soon as finance permits. D. In addition, The Stadium shall restore the shot and discus circle and throwing area to its state prior to the laying of the artificial pitch in summer 2020 and shall restore those parts of the track damaged during the laying of the pitch. Any future damage to the Athletics Facilities caused by building works shall be restored by contractors at no expense to The Club or The Stadium. E. Both parties aspire to building, as planning permissions and funds permit, a jogging route of approx. 1000m and a throwing circle, run-up, and landing area for javelin and hammer in the upper fields adjacent to The Stadium. F. The Stadium shall ensure that the Athletics Facilities are kept in the best possible condition. In particular, it shall ensure that:

i. All users of The Stadium cross the track in one or two clearly designated points, where necessary over a temporary surface, following agreed etiquette, and with due consideration to the users of the Athletics Facilities. ii. Spectators at major events do not impact negatively on any of the Athletics Facilities.

iii. Absolutely no vehicular access is allowed onto the track, except by prior agreement with The Club. iv. No equipment, barriers, or other objects shall be placed on or near to the track or impinge on the use of the Athletics Facilities, except by prior agreement with The Club. v. During Reserved Times and Public Hours, the Athletics Facilities shall in all respects be safe for its users. In particular no players, spectators, equipment, or balls shall cross the track so as to endanger the safety of the users of the Athletics Facilities. Provision shall be made for individuals or pitch users to access the pitch (e.g., at changeover times) and The Club shall advise The Stadium on good and safe practice for this to take place.

2. Access: A. The Club shall advise The Stadium on safe use and accessibility of the Athletics Facilities. i. Both parties shall strive to make The Stadium a welcoming and accessible amenity for all. ii. The Club’s Welfare Officer shall contribute to and support the welfare and safeguarding policies of The Stadium. iii. All users of The Stadium shall abide by The Stadium’s Users’ Code of Conduct and a Track Etiquette supplied by The Club. iv. The Club shall work with the Operations Manager of The Stadium to agree roles and responsibilities during Reserved Times. The Club shall provide the Operations Manager a track management guidance document on safe maintenance of the Athletics Facilities. B. The Club is the primary user of the stadium on Tuesday and Thursday evenings, 6pm to 9pm, and on Sunday mornings, 8am to 1pm (“Reserved Times” for which see further Annex 1 below). Notwithstanding, The Stadium may hire out facilities other than the Athletics Facilities at these times provided that this is not to the detriment of The Club’s use during these periods. C. Athletes registered through The Club and activities duly organised under the auspices of The Club are covered under the terms of insurance offered to registered clubs and athletes by the sport’s National Governing Body being, at the date of signature, UK Athletics.

i. The Club bears no responsibility for insurance other than that covered under the terms of that offered by the National Governing Body, for which see Annex 2 below. For the avoidance of doubt, at the date of signing, this does not cover Personal Accident insurance. D. Where a major event is scheduled for the times above, such that the Athletics Facilities cannot be used, The Stadium shall notify The Club providing at least eight days’ notice.

i. No more than twelve sessions in a calendar year shall be forfeited in this way by The Club.

E. The Athletics Facilities shall be open to public users and those who are not members of The Club at designated times. One two-hour session (“Public Hours”) shall normally be designated each weekday for public use and notified on The Stadium’s website, public notices, and booking system. F. The Stadium shall be entitled to hire out The Athletics Facilities to other groups or clubs provided that the Reserved Times are retained and Public Hours are retained wherever possible.

3. Fees: A. Members or those authorised as bona fide members of The Club only are permitted to use the Athletics Facilities and Club Facilities during the Reserved Times. Such members shall pay no fee to The Stadium. Instead: i. The Club shall undertake regular cleaning of the Athletics Facilities, in liaison with the maintenance officer of The Stadium, at its own cost and under its own direction, sufficient to maintain the Athletics Facilities in satisfactory condition for users. ii. The Club shall provide The Stadium a list each quarter of all members, associate members, and others to whom The Club grants access during the Reserved Times. The Stadium may, at its discretion, provide access passes and other benefits to these members. From 1 April 2024 The Club shall pay each quarter The Stadium a fee of £750 for the exclusive use of the Athletics Facilities during the Reserved Times. From 1 April 2022 this will be reduced to £450 per quarter, and from 1 April 2023 to £600 per quarter. Prior to 1 April 2022 the fee shall be £300 (or pro rata) for those quarters when the Athletics Facilities are open. The Stadium understands that part of the annual registration fee of all members, including social and associate members of The Club, individually worth at least £15 yearly, shall contribute towards the quarterly fees payable by The Club to The Stadium. iii. From 1 April 2022 The Club shall make an annual contribution towards a Sinking Fund towards the long-term replacement of the Athletics Facilities. This will be deemed its Anchor Use fee. The Stadium undertakes to provide The Club under this Anchor User status: 1) The Athletics Facilities during the Reserved Times and Public Hours as specified in this Agreement. 2) An athletics-related person, agreeable to The Club and The Stadium, on the Board of Directors of The Stadium, subject to a qualified person being available and meeting the mutually agreed requirements of recruitment to Board membership. Like with all Directors, any appointment of a Director is for the role-holder to act in the whole interests of The Stadium with collective responsibility, but with a secondary responsibility for athletics. 3) Changing rooms, toilets, social meeting space, safe space for personal belongings during the Reserved Times, except by prior agreement. 4) A suitable meeting location for The Club where club notices and memorabilia may be displayed. iv. Members of The Club are entitled to use the Athletics Facilities during Public Hours without paying any further fee. B. The general public and members of other clubs (but not The Club) may use the Athletics Facilities during Public Hours but shall pay the Public Hours fee to The Stadium. i. From 1 May 2021 this shall be £3.50 per person per session and half-price for concessionary users, including documented full-time students. ii. The sessional fee may be altered by The Stadium, having taken advice from The Club. iii. Such users are entitled instead to become a social or associate member of The Club, subject to Club rules. The Stadium shall encourage regular public users of the benefits of membership of The Club. The annual fee is subject to clause 3.A.ii above. C. The Stadium may hire out The Athletics Facilities to schools, clubs, or groups at its own initiative and discretion. The Club shall advise The Stadium so that it can do so safely. D. Within the fee charged to public users or for group bookings The Stadium may at its own discretion make available changing, toilet, or other facilities. E. All proceeds from the fees collected above shall be identified by The Stadium in its accounts as Fees from the Hire of Athletics Facilities. Such fees shall be used as follows: i. Towards general upkeep of the track and field event areas, other than that covered by clause 3.A.i above, at the expense of The Stadium but the satisfactory completion whereof to be signed off by The Club. ii. Towards the fixed costs of running The Stadium. iii. Surplus net earnings shall be set aside in a Sinking Fund to contribute to the refurbish- ment of the life-expired track and the upkeep and replacement of field event facilities. F. All parties shall encourage users to meet in the café, lounge, and other social areas in order to maximise the purchase of on-site food and refreshments. These purchases are intended to help the general financial viability of The Stadium.

4. Events: A. The Stadium and The Club shall work together to offer a wide number of events using or based on the Athletics and Club Facilities at The Stadium. Such events may include, but not be limited to, cross-country, trail, road, or track races, field-event activities, fun runs, walks, cycle criteriums, duathlons or triathlons, or training courses. B. The Club shall designate a separate, arms-length partner (“Events Partner”) to organise commercial events using the Athletics Facilities on behalf of The Club and The Stadium. Proceeds shall be allocated on an agreed basis exclusively to the Sinking Fund described above.

C. The Club itself is not responsible for making contributions to the Sinking Fund other than as specified in 3.A.iii above.

D. The Events Partner shall be permitted to use The Club’s Sunday morning Reserved Time without charge provided it is making a satisfactory contribution to the Sinking Fund and further voluntary contributions to the development of The Athletics Facilities where its revenues allow. At other times, use of facilities at The Stadium shall be at a preferential rate applicable to Anchor Users. Dates for events shall be agreed with Anchor Users and The Stadium to prevent avoidable clashes. E. In addition to the Sunday morning Reserved Time, the Events Partner shall be permitted to use up to fifteen further slots a year where it is the sole user of The Stadium Dates for events shall be agreed with Anchor Users and The Stadium to prevent avoidable clashes.

5. Periodic Review and Termination: A. Each two years, both parties shall evaluate the working and viability of this Agreement. A review shall take place twelve months before each term, the first starting on 1 December 2021. B. The Agreement may be modified by mutual agreement after each review, with amendments to the Agreement made in a new annex, signed by both parties. C. Both parties may mutually terminate this Agreement. One party may terminate the Agreement during the twelve-month review period, providing that at least six months’ notice of termination is provided to the other party. 6. Concluding Clauses: A. This Agreement contains the entire understanding of the parties with respect to the matters contained herein. There are no oral understandings, terms, or conditions, and no party has relied upon any representation, express or implied, not contained in this Agreement. B. This Agreement may not be amended in any respect whatsoever, nor may any provision hereof be waived by any party, except by a further agreement, in writing, fully executed by each of the parties. C. This Agreement shall be binding upon and inure to the benefit of the parties and to their respective heirs, personal representatives, successors and assigns, executors and/or administrators.

D. Any notice, demand, offer, or other written instrument (“Notice”) required or permitted to be given shall be in writing signed by the party giving such Notice and shall be hand delivered or sent by Certified or Registered Mail, Return Receipt Requested, to the parties at the addresses as set forth in this Agreement. E. This agreement, and any dispute, controversy, proceedings, or claim of whatever nature arising out of or in any way relating to this agreement or its formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with English law.

Signed and dated in two originals, of which one is received by each of the parties:

1 May 2021 1 May 2021 Chris Hainsworth Robert Clunas of 387 Huddersfield Road, Salterhebble, Halifax, HX3 9LJ 112 Park Road, Bradford BD12 0DJ Chairman, Bradford Airedale AC Chair, Horsfall Community Stadium C. I. C On behalf of The Club On behalf of The Stadium. ANNEX 1: PROPOSED ATHLETICS HOURS AT HORSFALL

Mon Tue Wed Thu Fri Sat Sun 8am 9 PUBLIC SESSIONS RESERVED 10 £3.50 full / £1.75 concessions, payable at café CLUB SLOT 11 & EVENTS 12 BLOCK BOOKINGS (esp. schools) – reserved online and paid direct to HCS; 1pm responsibility of HCS Commercial Manager 2 3 4 8 to 25s* 8 to 25s* 5 6 RESERVED RESERVED 7 CLUB SLOT CLUB SLOT 8 9 to 10pm

ANNEX 2: INSURANCE COVERAGE FOR ATHLETICS PROVIDED BY THE NATIONAL GOVERNING BODY Coverage is provided by UK Athletics, at the date of signing this agreement, for the following: 1. for registered clubs: www.uka.org.uk/wp-content/uploads/2020/08/Clubs-Feb-2020.pdf 2. concerning primary public/products liabilitywww.uka.org.uk/wp-content/uploads/2020/11/TWIMC- Public-and-Products-Liability-2020.pdf 3. public liability insurance against accidental injury to another person or loss or damage to a building by a registered athlete during an athletics activity: www.uka.org.uk/wp- content/uploads/2020/08/Athletes-Jul-2019.pdf a. as above, for qualified coaches and leaders: www.uka.org.uk/wp- content/uploads/2020/08/Coaches-Leaders-Jul-2019.pdf b. as above, for team managers: www.uka.org.uk/wp-content/uploads/2020/08/Team- Managers-Jul-2019-1.pdf c. as above, for technical officials: www.uka.org.uk/wp-content/uploads/2020/08/Technical- Officials-Jul-2019.pdf

d. as above, for Events Organisers: www.uka.org.uk/wp-content/uploads/2020/11/Event- Organisers-Promoters-2020.pdf

Further insurance coverage or enquiries about any aspect of the insurance coverage is provided by email at [email protected]. Alternatively, information can be accessed via the local support officer from Athletics: www.englandathletics.org/clubs-and-facilities/club-support-services/insurance/.

SCHEDULE 1—Athletics Equipment at The Stadium Inventory of equipment for use as part of the Equipment held at The Stadium and owned by or in Athletics Facilities and owned by The Stadium, from use of The Club stock count of 11 August 2020

4 high jump stands (£200 per pair) 1. All memorabilia and club materials held in the Pavilion at 1 May 2021 2 high jump bars (£65 each)

2 practice high jump bars (£15 each) 2. All club kit (e.g., vests) stored in containers

3 high jump mats (£1,500 set) 3. All athletics equipment stored in the main container that is used weekly by The Club and 1 high jump spike cover (£500) not listed opposite 7 full senior starting blocks (£100 each)

27 assorted hammers (£35 each)

6 blue chairs (used for timekeepers)

22 assorted Javelins (£40 each)

1 wooden pole vault practice pole (£25)

1 fibreglass pole vault practice pole (£60)

1 large red transport trolley (£400)

10 relay batons (£20)

14 assorted discuses (£30 each)

5 kids training discuses (£10 each)

1 large reel of rope (for marking off competition areas)

34 boundary spikes (marking competition areas) (£7 each)

18 training hurdles (£45 each)

14 junior hurdles (£40 each)

2 full rakes (£30 each)

1 rake head

2 lifting handles for jump pit (£20)

1 lap counter/bell (£400)

SHED 2

1 competition hurdles transporter (£1000)

70 competition hurdles (£85 each)

1 small steps (starters steps) (£350)

1 large steps (track officials’ steps) (£1500)

1 hammer cage netting (£400)

1 cuff for discus/hammer circle (£400)

4 Steeplechase barriers (£800 each)

SHED 3 (RED shed)

33 assorted shots (£35 each) 2 x 7.26kg hammers (£50 each)

2 x 4kg hammers (£45 each)

6 discuses (£30 each)

3 implement stands

1 pole vault stand (£2500)