New Zealand Legislation: Acts

THIS DEED made the 16th day of September 1997

BETWEEN the NEW PLYMOUTH DISTRICT COUNCIL a body corporate duly constituted under the provisions of the Local Government Act 1974 (“the Council”) of the one part

AND the TSB STADIUM TRUST BOARD a duly incorporated society having its registered office at New Plymouth (“the Lessee”) of the other part

WHEREAS

• (a) By Deed of Lease dated 16 March 1994 (“the 1994 Deed”) the Council leased certain land and the TSB Stadium erected thereon to the Lessee (in the 1994 Deed incorrectly called the TSB Stadium Board of Control Incorporated) for a term of 21 years from and inclusive of the 1st day of October 1992 with a right of renewal for a further term of 21 years on the terms therein contained.

• (b) The parties are desirous of amending the 1994 Deed in the manner hereinafter contained.

NOW THE PARTIES HEREBY COVENANT AND AGREE WITH EACH OTHER as follows:

• 1. They acknowledge that the Lessee is incorrectly named in the 1994 Deed and that the correct name is TSB Stadium Trust Board, the Lessee named in these presents and they further acknowledge that the 1994 Deed shall be deemed to have been correctly executed by the Lessee.

• 2. That the land leased pursuant to the 1994 Deed shall be deemed to be the land shown as Lot 3 on Deposited Plan number 19480 and being part of the land comprised and described in Certificate of Title Volume A3 Folio 286 (Taranaki Registry) and all references in the 1994 Deed to “the said land” or “the said site” shall be deemed to be a reference to the said Lot 3, Deposited Plan Number 19480.

• 3. That clause 8 of the 1994 Deed is deleted.

• 4. They acknowledge that the New Plymouth Recreation & Racecourse Reserve Act 1959 and any Act in amendment thereof or substitution therefor confers or will confer on the Taranaki Jockey Club the rights contained in clause 2(1) of the Deed dated the 16th day of September 1997 between the Council and the Taranaki Jockey Club and that the Lessee will not use any of the areas referred to in the said clause 2(1) of that Deed during the days therein specified being 20 days in any year or such greater number of days in any year as shall be approved by resolution of the Council and for not more that two days consecutively.

• 5. That clause 18 of the 1994 Deed is hereby deleted and the following clause substituted therefor:

  18.

  • (a) That the Lessee will at all times during the continuance of the this Agreement or any extension thereof maintain and keep any parts of the said lands laid in lawns or gardens in good order to a high horticultural standard.

  • (b) That the Lessee will keep all other parts of the said land including parking areas and the driveways known as Mason Drive free and clear of all rubbish and in a clean and tidy condition.

  • (c) The Council acknowledges that it will be responsible for all repair and capital maintenance work on the said parking areas and driveway.

• 6. Subject to the amendments herein contained, the provisions of the 1994 Deed are hereby confirmed.

• 7. The Council will promote and use its best endeavours to procure the passing at the next convenient session of Parliament of a Bill with such clauses as may be necessary or advisable to validate the 1994 Deed and this Deed of Variation and to carry the same into effect and to confer the necessary powers and authorities required for this purpose.