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Annex to Stadium Lease

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Annex to Stadium Lease ANNEX TO STADIUM LEASE MEMORANDUM OF AGREEMENT between HORSFALL COMMUNITY STADIUM CIC and BRADFORD AIREDALE 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 City 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.
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