Lease Book, 1900-1924 - Pumpherston Oil Co. Ltd, part 25
Part 25 of 59, (pages 226-229), building lease, ground at Livingston station, 1908
In works book Comp'd
Building Lease Between Earl of Rosebery and The Pumpherston Oil Company Limited Piece of Ground at Livingston Station
Dated 13th Oct 14th Oct 1908 Reg'd 21st January 1909
. . . It is contracted, agreed and ended between the parties following vizt: The Right Honourable Archibald Philip, Earl of Rosebery, Knight of the Garter and Knight of the Thistle, heir of entail in possession of the entailed lands and estate of Livingston and others of which the subjects hereinafter let from part, of the first part, and The Pumpherston oil Company Limited Incorporated under the companies Acts 1862 to 1880 and 1883 and having their registered office at 135 Buchanan street, Glasgow, of the second part, as follows:- That is to say the said Earl of Rosebery has set and in consideration of the Jack duty and other prestations aftermentioned and in virtue of an act of parliament passed in the tenth year of the reign of His Majesty King George the third Chapter 51 entitled "An act to encourage the improvement of lands, tenants and hereditaments in that part of Great Britain called Scotland held under settlements of strict entail" hereby sets and in tack and assedation lets to the said The Pumpherston oil Company Limited and their assignees all and whole that piece of ground coloured pink on the plan annexed hereto and . . .
Area 1.49 acre
. . . subscribed as relative to these presents extending to one acre and forty nine decimal or one hundredth parts of an acre imperial measure or thereby bounded as follows vizt: On the east by the public road from Bathgate to Livingstone station along which it extends five hundred feet or thereby: On the south and west by planted ground belonging to the first party along which it extends on the south one hundred and thirty feet or thereby and on the west five hundred feet or thereby. And on the north partly by ground held on building lease by The West Calder Co-operative society and partly by ground belonging to the first party along which together it extends one hundred and thirty feet or thereby: Which piece of ground is part of the lands and Estate of Livingston and is situated in the Parish of Livinstone and County of Linlithgow: But reserving always from this lease to the said Earl of Rosebery and his heirs and successors in the said lands the whole coal, shale, ironstone, limestone, freestone, marl clay and other metals, minerals, stones and fossils of every kind under the surface of the ground hereby let with full power and liberty to the said Earl of Rosebery and his foresaids or others having their authority to search for, work, win and carry away the same and that it shall not be in the power of the said Earl or his foresaids to sink pits within the ground hereby let but with power if necessary to lower the surface of the said ground and in the event of any damage being causes to the ground hereby let or to the buildings erected or to be erected thereon or to the water with which the same may be supplied or to the drainage thereof or in any other manner of way by or through the future workings of the said minerals and others or any of them under or near the ground hereby let the amount of such damage shall be ascertained by two arbiters to be mutually appointed by the parties hereto or their successors or by an oversman to be nominated by such arbiters and paid to the lesses or their foresaids by the said Earl of Rosebery or his foresaids and . . .
. . . that for the space of ninety nine years from and after the term of Whitsunday nineteen hundred and eight which is hereby declared to have been the date of the said The Pumpherston oil company's entry to the premises nothwithstanding the date hereof: Which tack with and under the reservations, conditions and provisions before and after written the said Earl of Rosebery binds and obliges himself and his foresaids to warrant to the said The Pumpherston oil Company Limited and their foresaids at all hands and against all mortals as law will: . . .
. . . For which causes and on the other part the said The Pumpherston oil Company Limited bind and oblige themselves and their successors make payment to the said Earl of Rosebery and his heirs, executors or assignees or to his or their Factors or chamberlains of the sum of eleven pounds eighteen shillings and four pence sterling of yearly rent or Jack Duty for the ground hereby let (being at the rate of eight pounds per imperial acre) and that at two terms in the year Whitsunday and Martinmas by equal portions beginning the first terms payment at the term of Martinmas nineteen hundred and eight for the half year proceeding and the next terms payment at Whitsunday thereafter and so forth half yearly and termly during the currency of this lease with a fifth part more of each terms payment of liquidate penalty in case of failure in the punctual payment and the interest of each terms payment of said rent at the rate of five pounds per centrum per annum from the respective terms of payment till paid and they further bind and oblige themselves and their foresaids to pay all public, parochial and local burdens, including poor rates that may be imposed on the said piece of ground or on the buildings to be erected thereon as aftermentioned and also to keep the said buildings regularly insured against loss or damage by fire: And it is hereby declared that the said piece of ground is hereby let solely for the purpose of the erection thereon by the lessees of houses with or without shops and for no other purpose whatever and in particular that no tavern or ale house or house or shop for the sale of exerciseable liquors shall be kept thereon and to this end the said The Pumpherston oil Company Limited and their foresaids bind themselves to erect on the piece of ground hereby let forthwith houses (with or without shops) built of stone and lime as brick and lime and slated with blue slates with necessary offices at a total cost of not less that five hundred pounds sterling and according to plans to be submitted to and approved of by the proprietor or his factor for the time in writing and they shall not be entitled to erect any other buildings on the said piece of ground without the express consent in writing of the proprietor or his factor and any such additional buildings shall be erected in accordance with plans to be submitted to and approved by the proprietor or his factor for the time being: And the said The Pumpherston oil Company Limited bind and oblige themselves and their foresaids to keep the whole buildings to be erected on the piece of ground hereby let in good order and in good tenantable and sufficient repair during the whole currency of this lease renewing and rebuilding the same if necessary as also to enclose the said piece of ground with sufficient fences to the satisfaction of the proprietor or his factor and to maintain the same in good order and repair during the currency hereof: and it is hereby provided that if the said The Pumpherston oil Company Limited or their foresaids shall act in anyway contrary to these presents this lease and all following thereon shall in the landlords option be null and void and all buildings and other erections which may be then on the ground shall revert and belong to the said Earl of Rosebery or his foresaids without any compensation whatever: And without prejudice thereto it is hereby in terms of said act declared that this lease shall be void if one dwelling house at the least not under the value of ten pounds sterling shall not be built within the space of ten year from the date hereof for each one half acre of ground hereby let, that the said houses shall be kept in good tenantable and sufficient repair and that this lease shall be void whenever there shall be a less number of dwelling houses than one of the value aforesaid to each one half acre of ground kept in such repair as a foresaid standing upon the ground hereby leased: And at the termination of this lease the said the Pumpherston oil Company Limited or their foresaids to flit and remove from the said piece of ground without any warning or process of removing but it it provided and declared that they shall leave the whole dwelling houses and declared that they shall leave the whole dwelling houses and offices, fences, drains and other which may be erected on the said piece of ground in terms of the foregoing stipulations (which they shall be bound to have in good order and repair) to the said Earl of Rosebery or his foresaids and that without any compensation being paid therefor: And both parties bind themselves to perform their respective parts of the premises to each other under the penalty of one hundred pounds sterling to be paid by the party failing to the party performing or willing to perform the same and that over and above performance: And they consent to registration hereof for preservation and execution: In Witness Thereof