Buildings Agreement

PDF copy of the agreement - BuildingsAgreement.pdf

There is an agreement between EUSA and the university which gives us this fine theatre. It basically reads that the University will keep us weather tight and legal and cannot shift us unless they can provide an alternative venue equivalent in location, amenities, space and access. They want to shift us but haven’t got anywhere to put us.

The agreement was lost for a number of years, but several copys were found May 2008. A version has been copied here.

The Interesting parts include section 'NINTH' of the agreement between the university and EUSA (the part about Termination Provisions and finding us equivalent accommodation). The third part, the agreement between EUSA and EUTC and is also of interest.

The three parts of the Agreement can be found below:

Agreement between The University Court of the University of Edinburgh and EUSA

NOTES:

• 12 and 19 August 1976
• Someone skipped item 7... This is not my fault, nae, it's the fault of someone waaay back in 1976.

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AGREEMENT

between

THE UNIVERSITY COURT OF THE UNIVERSITY OF EDINBURGH, incorporated under the Universities (Scotland) Acts (hereinafter called "the University", which expression shall include all persons deriving title from them where the context so requires or admits)

OF THE FIRST PART

and

THE EDINBURGH UNIVERSITY STUDENTS' ASSOCIATION formed with effect from First July 1973 by the Association of

(a) The Edinburgh University Union, otherwise know as Teviot Row Union, (founded 1889 and until 1972 being exclusively a Men's Union)

(b) The Edinburgh University Chambers Street Union, formed in 1971 on the admission of men to the Edinburgh University Women's Union (founded 1905)

(c) The Students Representative Council of the University of Edinburgh (founded 1884)

and constituted under Laws approved by the University from time to time (hereinafter referred to as "the Association" which expression shall include all persons deriving title from them where the context so requires or admits)

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CONSIDERING that the University are owners of the buildings occupied by the Association and known as (1) Teviot Row House (which formerly belonged to Edinburgh University Union, having been built for them by the said Students' Representative Council, but was pursuant to the Agreement between Edinburgh University Union of the First Part, the University of Edinburgh of the Second Part, and Sir John Livingston Sommerville and others as Trustees therein mentioned of the Third Part dated Eleventh October and subsequent dates all in the year Nineteen hundred and sixty one, transferred to the University's ownership), and (2) Chambers Street Union who had formerly occupied premises from 1905 to 1920 an the corner of Bristo Street and Lothian Street and from 1920 to 1964 had occupied university property at 52-54 George Square);

FURTHER CONSIDERING that the University is in course of developing a complex of buildings as a Student Centre of which Phases I and III have been completed and other Phases have still to be commenced;

FURTHER CONSIDERING that certain accommodation has been provided for the Association in Phase III and that in then circumstances it has been deemed desirable to specify the terms and conditions governing the Association's use of said buildings occoupied or to be occupied by it;

NOW THEREFORE, and without prejudice to such subsequent Agreement or Agreements as may be made between the University and the Association in respect of accomodation to be provided for the Association in future Phases of the Student Centre, IT IS AGREED as follows:

FIRST
Buildings to be occupied

The Association will occupy and be responsible for the management of the following buildings, the ownership of which will remain vested in the University:

(a) Teviot Row House

(b) Chambers Street House

(c) The Student Centre, excluding the University Health Centre, the Chaplaincy Centre, the University Settlement, teh Royal Medical Society premises, the Bank of Scotland Office, the Travel Office and the Catering areas in Phase I, said Caterng areas consisting of kitchen and ancillary areas on the ground floor; the refectory, servery, dish washing area and offices on the first floor; and the coffee lounge, servery and coffee service counter on the second floor,

all of which are hereinafter called 'the subjects'.

SECOND
Normal use of Buildings

THIRD
Use in Vacations

The University will be entitled at any time (including term time) to apply to the Association for the use of the subjects in which, however, the requirements of the Association will always take priority.

FOURTH
Restricted use of concourse in Student Centre

The concourse in the Student Centre is designed only for user circulation and will not be used by the University or by the Association for any other purpose, including a meeting or assembly of any kind.

FIFTH
University's Obligations

The university hereby bind and oblige themselves

(1) To pay all rates, taxes, charges, duties, assessments, outgoings and impositions whatsoever, parliamentary, parochial, local or otherwise, which shall be payable in respect of the subjects or any part thereof, but that only for so long as the University may be supported by way of Treasury Grant or other State resources covering rates and other charges on its heritable property

(2) To keep the whole subjects wind and water tight and generally execute all external maintenance work; and more particularly,but without prejudice to the generality, to repair and maintain in sound condition and renew and reinstate where necessary the roofs, exterior and load-bearing walls, entrances and exits, and such internal passages and stairways as are common to the subjects and those excepted premises specified in Clause First (c) hereof, and also such fittings and fixtures in the whole subjects as shall be necessary to enable the Association properly to ocupy and enjoy the subject, including particulary, but without prejudice to the generality, the gutters, rhones, sewers, drains, soil, water and other pipes, water tanks and electricity wires, connections and transmitter scommon to and serving the subjects, provided that the University shall only be bound to carry out such repairs and maintenance as arise from normal usage and fair wear and tear.

(3) to maintain the external grounds pertaining to said subjects.

(4) To provide adequate equiptment and facitilies for the disposal of refuse from the subjects.

(5) To insure and keep insured the said subjects and all erections and fixtures therein and thereon belonging to them against fire and such risks as the University may from time to time to determine the full value thereof.

SIXTH
Association's Obligations

EIGHTH
Revocation of prior Agreements

NINTH
Termination Provisions

TENTH

The provisions of this Agreement relating to Chambers Street House will be subject to review when the University is able to offer the Association acceptable alternative accomodation in a later Phase of the Student Centre, and in either case if mutually agreed a supplementary Agreement will be executed modifying the relative provisions contained herein.

ELEVENTH
Evacuation of Subjects

In the event of termination of termination of this Agreement in terms of Clause Tenth hereof the Association will peaceably surrender up to the University the subjecs, all well and substantially repaired, painted and decorated in accordance with the obligations herein contained.

TWELFTH
Arbitration Provision

Supplementary Agreement Between The University Court of the University of Edinburgh and EUSA

Coming Soon

Agreement between EUSA and EUTC

AGREEMENT between EDINBURGH UNIVERSITY STUDENTS' ASSOCIATION (hereinafter referred to as "the Association" which expression shall include all personsderiving title from them where the context so requires or admits) OF THE FIRST PART

and

EDINBURGH UNIVERSITY THEATRE COMPANY (hereinafter referred to as "the Theatre Company" which expression shall include all persons deriving title form them where the context so requires or admits) OF THE SECOND PART

CONSIDERING that the Association has recognised the Theatre Company as a Society of Edinburgh University;

FURTHER CONSIDERING that the Theatre Company occupies Association premises in the Bedlam Theatre (formerly know as the Old Chaplaincy Centre) on Forrest Road, Edinburgh, in terms of an Occupany Agreement between the Association and the Theatre Company;

FURTHER CONSIDERING that the Association and the Theatre Company have agreed terms whereby the finances of the Theatre company shall be integrated wit those of the Association in order to provide greater support for the Theatre Company activities from the Association, it is now therefore agreed as follows:

FIRST

Theatre Company Status

(i) The Theatre Company shall continue to be a recognised Society with respect to annual registration with Societies Centre, and answerable to Societies Council Laws and Bye-Laws.

(ii) Decisions concerning productions, administration and use of the Bedlam Theatre and other internal policy matters shall remain the perogative of the Theatre Company.

(iii) The Theatre Company shall enjoy a special relationship with the Association as regards financial and staffing support, as detailed hereinafter.

SECOND

Financial Arrangements

(i) The Assets and Liabilities of the Theatre Company will be integrated with those of the Association as at 1st August 1987.

(ii) The Association will be responsible for the preparation and audit of the Theatre Company's annual accounts, and the preparation of monthly interim accounts for the purposes of reporting to the Theatre Company

(iii) The financial year of the Theatre Company will continue to run concurrently with that of the Association, ending on 31st July.

(iv) Budget preparation will take place in September or early October on a consultative basis between the President and Business Manager of the Theatre Company and the financial fficers of the Association, The proposed budget will then be submitted to the Theatre Company Exetutive Committee for approval, and the approved budget will then be transmitted to the Finance Committee of the Association as part of the Association's overall budget for financial approval.

(v) Any surplus on the budgeted net expenses of the Theatre Company will be added to the accumulated funds of the Theatre Company account within the Association's account, and any deficits will be deducted from the Theatre Company's accumulated funds.

THIRD

Bank Account

(i) The Association will establish an EUSA Theatre Company Account on 1st August 1987.

(ii) The existing Theatre Company bank accounts will be closed when all transactions related to the period up to and including 31st July 1987 have been completed.

(iii) The cheque signatories of the EUSA Theatre Company Account in the first instance will be the Theatre Company Business Manager and the Association Treasurer, with the President of the Theatre Company as an alternative signatory to the Business Manager, and the Permanent Secretary of the Association as an alternative signatory to the Association Treasurer. The Fringe Administrator of the Theatre Company will also Be an Authorised cheque signatory as an alternative to the Business Manager of the Theatre Company for the period from 1st June to 30th September of each year.

(iv) The Theatre Company will retain full responsibility for the generation of all will retain full responsibility for the generation of all cheques. Should any cheques. Should any cheque raise a query by the Treasurer which can't be satisfactorily answered by the Business Manager, the matter shall be referred to the next meeting of the Theatre Company Executive Committee for resolution.

(v) The Theatre Company Account will participate in the set-off agreement enjoyed by the Association with the Bank of Scotland.

(vi) Bank charges and overdraft interest will be an Association expense.

FOURTH

Authority Systems

(i) Once the budget has been approved the authority for day to day administration of the finances of the Theatre Company will be delegated by the Association Finance Committee to the Theatre Company, as determined by the Theatre Company's Constitution.

(ii) Should financial difficulties arise in respect of the Theatre Company which either cannot be or are not being resolved b the Theatre Company Executive Committee, the Business Manager will bring the matter to the attention of the Association Finance Committee for resolution.

FIFTH

Capital Purchases and Major Projects

(i) Capital purchases for the Theatre Company will be funded from the Association's cash reserves, and will be depreciated thereafter over a number of years reflecting the expected lifetime of the assets involved. This annual depreciation charge will be an expense within the Theatre Company accounts.

(ii) The Theatre Company shall be entitled to apply to the Association Finance Committee for funding in respect of major projects. In ths respect the Association shall incorporate within the Theatre Company's annual budget on amount to be agreed each year to be transferred to the Association's reserve fund set up for major projects.

SIXTH

Staffing

(i) The Association will provide staffing support for the Theatre Company as agreed between the Theatre company and the Association, including details of duties to be performed by such staff.

(ii) The President of the Theatre Company will be involved in the selection of such staff as may be appointed.

(iii) Any such staff as may be appointed shall be within the normal Association staff supervisory structure, but day to day activities will normally be under the direction of the Presentation and Business manager of the Theatre Company.

SEVENTH

Review

All of the terms of this Agreement may be reviewed at any General Meeting of the Theatre Company, and at any time by the Association Finance Committee.

EIGHT

Arbitration Provision

In the event of the Association and the Theatre Company failing to agree on the interpretation of this Agreement or any part thereof, or failing to agree on any matters arising out of this agreement, the matter in dispute shall be referred to an independent Arbitor mutially appointed, or failing agreement, and Arbitor to be nominated by the Dean of the Faculty of Advocates. IN WITNESS WHEREOF these presents consisting of this and three preceeding pages are executed as follows:- They are subscribed for and on behalf of the Association by David Michael George Duncan and Charles Willard Fishburne, both together at Edinburgh on Seventeen June, Nineteen hundred and Eighty Seven before these witnesses Hazel Margaret Blair, Secretary, Twelve Hailes Grove, Kingsknowe, Edinburgh and Marion Swan Matheson, Secretary, One Hundred and Twenty Four Nicolson Street, Edinburgh; and they are subscribed by Edinburgh University Theatre Company (the Company's signature being adhibited by David Pounder, the President thereof) and by the said David Pounder and by Kristen M. Durward, Business Manager, all together at Edinburgh on Seventeen June Nineteen hundred and Eighty seven.

(Signed) Hazel Blair, Marion S. Matheson, David M.G. Duncann, Charles W Fishburne, David Pounder, Kirsten M. Durward