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.