Number 453                                                                                                     Army form K 1290

 

Memorandum of agreement made the 20th day of June 1906 between them Major-General in charge of administration Southern Command on behalf of his Majesty's principal Secretary of State for the war department (herein after called the said Secretary of State which expression were ever herein after used shall include his successors in office where the context so requires or admits) of the one part, and do Dartmouth Amateur swimming club of Dartmouth (here and after her called the tenant which expression we ever hear after use shall include his successors, administrators, and assigns, where a context so requires or admits) of the other part. Witnesseth that the tenant having applied to the said Secretary of State for permission to retain on the war department property at Dartmouth Castle the encroachments more particularly described in this schedule hereto and said Secretary of State has consented to grant such permission on the terms and in a manner following, to which both parties hereto agree namely

1. The position and direction of the said encroachments shall be fixed, and the works in connection herewith carried out and executed under the supervision and to the entire satisfaction of the Commanding Royal engineer of the district for the time being at the entire cost of the Tennant.

2. The tenant shall pay to the said Secretary of State by way of acknowledgement that such permission exists by leave only of the said Secretary of State and not by any of the right or title whatsoever, the sum of seven shillings and 6p per annum on the first day of January in every year during the continuance of this agreement, without any deduction whatsoever, the first payment of one years rent or acknowledgement to become due and to be payable in advance on the first day at January 1907.

3. The said Secretary of State or any person acting under him or on his behalf or under his direction, shall not be liable for any accident of whatever nature which shall or may occur to the said encroachment or the works in connection therewith, nor shall the tenant be permitted to enter upon the property of the war department to execute any repair theirof that may be necessary without having first obtained the written consent of the said Commanding Royal engineers nor at any time other than that specified in such written consent, and all such repairs shall be executed and on each occasion of execution of repairs the war depart  property shall be restored and made good to the satisfaction of the said commanding that Royal engineer at the entire cost of the tenant.

4. This agreement shall we terminated any time by the State Secretary of State by a note in writing signed by him a, or some agent duly authorised by him in that behalf, and given to the tenant, or sent by post to him at his last known place of abode or business. And immediately upon such notice being so given or sent the permission herein before granted shall be deemed to be withdrawn without payment of any compensation or a refund of rent, or acknowledgement to the tenant, who shall thereupon forthwith proceed, at his own cost, and it is the satisfaction of the said commanding Royal engineer, to remove this said encroachment and the works in connection herewith and to restore the War Department property in connection with the said encroachment to the condition to which it was before the commencement of the said works. And in case the tenant shall neglect or fail within one calendar month from the giving or sending of such a notice to remove the said encroachments and the works in connection therewith and to restore the war department property as aforesaid, the stated Secretary of State may at the expense in all respect of the tenant, removed the said a encroachments and works and restore the said property to its former condition, and all costs and expenses incurred in such removal and restoration shall on demand be paid by the tenant to is said secretary of state.

  As witness &c

 

Witness to the signature of the said

? Cranfords                                                                              W Sheen ?

Captain club                                                                             Honorary Secretary

Dartmouth Amateur swimming club                                           Dartmouth Amateur swimming

 

 

The schedule above is referred to here

 

Eight standards for diving planks. Five attachments for springboard. End of five bearers for bathing house. Concrete path all rocks from bathing house to diving planks.