Agreement

Between St Wenn Parish Council And St Wenn School Regarding The Construction And Use Of A  (MUGA) – This Agreement is made on 29th July 2025.

Between

St Wenn Parish Council, whose principal address is Tolcarne, Trebarwith Road, Delabole, PL33 9DB (hereinafter referred to as “the Council”).

St Wenn School, a school organised and existing under the laws of England and Wales, with its registered address at St Wenn, Bodmin, Cornwall, PL30 5PS (hereinafter referred to as “the School”).

Recitals

  • The Council is the legal owner of the land located at Car Park, St Wenn [approximately Latitude: 50.44910 | Longitude: -4.86167] (“the Land”).
  • The School wishes to construct and use a Multi-Use Games Area (MUGA) on a portion of the Land for educational and recreational purposes.
  • The Council agrees to permit the School to construct and use the MUGA on the Land, subject to the terms and conditions set out in this Agreement.

1. Permission To Use The Land

1.1 The Council grants the School a non-exclusive, revocable licence to use the Land for the construction and use of a Multi-Use Games Area (MUGA), subject to the terms of this Agreement.

2. Ownership

2.1 The Council retains full legal ownership of the Land at all times.

2.2 Any structures or improvements (including the MUGA) erected by the School on the Land shall remain the property of the School unless otherwise agreed in writing.

3. Construction

3.1 The School shall be solely responsible for all costs associated with the design, planning, construction, and installation of the MUGA.

3.2 The School shall obtain all necessary planning permissions, consents, and approvals prior to the commencement of construction.

4. Insurance

4.1 The School shall be responsible for arranging and maintaining comprehensive public liability and buildings insurance in respect of the MUGA for the duration of this Agreement.

4.2 The School shall provide the Council with copies of valid insurance certificates upon request.

5. Maintenance And Upkeep

5.1 The School shall be solely responsible for the ongoing maintenance, repair, and general upkeep of the MUGA.

5.2 The facility must be maintained in a safe, clean, and useable condition at all times.

5.3 Any damage or deterioration must be promptly addressed by the School at its own expense.

5.4 The School shall not make any material alterations, additions, or amendments to the MUGA without obtaining the prior written approval of the Council and ensuring compliance with any associated planning or regulatory requirements.

6. Use And Access

6.1 The School shall have exclusive use of the MUGA during normal school hours and for after-school activities as required, during the official term times as published annually by the School.

6.2 Outside of these hours and times, the Parish Council may permit access to parishioners or members of the public, subject to the Council’s prior approval and any conditions it may impose.

6.3 The School shall ensure appropriate signage is in place to indicate hours of permitted use and any health and safety guidelines or restrictions.

6.4 The Council shall ensure any use granted outside of School hours does not interfere with or damage the facility and retains the right to refuse or revoke access at its discretion.

7. Liability And Insurance

7.1 The School shall remain responsible for insurance and liability coverage for all use of the MUGA during school hours and all school-organised activities.

7.2 For non-school use (i.e., when the MUGA is made available to parishioners or the public outside of school-supervised times), the Parish Council shall not be liable for any injury, loss, or damage arising from such use.

7.3 Users of the MUGA during community access periods do so at their own risk, and the Council may require such users to obtain or provide evidence of appropriate public liability insurance where organised events or group activities are proposed.

7.4 The Council may restrict or prohibit use if it reasonably believes that there is a risk to health, safety, or the condition of the facility.

8. Duration And Termination

8.1 This Agreement shall commence on the date above and shall continue unless terminated by either party upon six (6) months’ written notice.

8.2 The Council reserves the right to terminate the Agreement with immediate effect if the School fails to comply with the terms set out herein and does not remedy the breach within 30 days of written notice.

9. Restoration Of The Land

9.1 Upon termination of this Agreement, the School shall, if so requested by the Council, remove the MUGA and reinstate the Land to its original condition, to the reasonable satisfaction of the Council.

10. Governing Law

10.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

Signatories

Signed by the authorised representatives of the parties:

Signed for and on behalf of St Wenn Parish Council
Name: Mr S J Brain
Position: Vice Chair
Date: 29-07-2025

Signed for and on behalf of St Wenn School
Name: R J Roberts
Position: Premises Manager
Date: 29th July 2025