Ballyliffin Golf Club
Golden Jubilee Commerative Booklet 1947 - 1997
Memorandum of Agreement made the ----- day of ----- One Thousand Nine Hundred and Seventy between ELLEN GRANT of Ardnascalan Ballyliffin in the County of Donegal Widow EDWARD GRANT of Ballyliffin aforesaid Contractor DENIS DOHERTY of Ardagh Ballyliffin aforesaid Farmer GEORGE MCLAUGHLIN of Rasheeny Ballyliffin aforesaid farmer PATRICK GRANT of Ballymacmoriarty aforesaid Farmer WILLIAM TOLAND and JOHN DOHERTY (H) of Ballymacmoriarty aforesaid Farmer (all hereinafter called the Vendors) of the One Part and CLEMENT SWEENY of Ballyliffin, Clonmany aforesaid National Teacher acting IN TRUST for and on behalf of the BALLYLIFFIN GOLF CLUB (hereinafter called the Purchaser) of the Other Part WHEREAS by Agreement made the 7th day of October 1968 between the Vendors and the Purchaser the Vendors agreed to sell to the Purchasers their respective undivided shares as Tenants in Common and Beneficial Owners of part of the lands of Ballymacmoriarty therein described and more particularly set out in the Schedule thereto for the respective sums in the said Schedule subject as therein recited AND WHEREAS the Vendors have made the necessary Application to the Irish Land Commission for their Consent to the sub-division of their respective Holdings or Folics described in the said Schedule for the purpose of legally implementing the said Agreement dated the 7th of October 1968 and the said Application is at present under consideration by the Irish Land Commission AND WHEREAS the Vendors' Solicitor has submitted to the Purchaser's Solicitor a satisfactory preliminary abstract of title to the Vendors' said respective undivided shares of the said parts of the said lands of Ballymacmoriarty set out in the said Schedule contained in said recited Agreement of the 7th day of October 1968 AND WHEREAS the Ballyliffin Golf Club desired to start work on the laying down of a new Golf Course and the erection of a Temporary Club House on those parts of the said lands of Ballymacmoriarty comprising the said respective undivided shares of the Vendors therein and for that purpose have requested the Vendors' permission to enter upon their aforesaid parts of the said lands the subject matter of the herein before recited Agreement of the 7th day of October 1968 AND WHEREAS the Vendors have agreed WITH the Purchaser acting in trust for and on behalf of the said Ballyliffin Golf Club to allow him and the members of the Ballyliffin Golf Club their servants agents and Licences to enter upon their said parts of the said lands for the aforesaid purposes subject to the following conditions:-
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:-
1. The Vendors hereby agree to allow the Purchaser and the members of the Ballyliffin Golf Club his and their servants agents and licences to enter upon their said parts of the said lands of Ballymacmoriarty the subject matter of the herein before recited Agreement of the 7th day of October 1968 for the aforesaid purposes upon payment by the Purchaser to each o(the Vendors of the respective sums set out in the Schedules hereto on the signing of this Agreement subject to the aforesaid Consent of the Irish Land Commission (in writing) to the aforesaid sub-divisions.
2. The Purchaser hereby convenants and agrees with the Vendors that in consideration of their so consenting as set out in the paragraph hereof he will pay on the signing hereof to each Vendor the respective sums mentione in the said Schedule on account of the balance of Purchase Money due to each Vendor. The Vendors hereby acknowledge the receipt from the Purchaser of the respective sums set out in the said Schedule.
3. They (the Vendors} hereby agree with the Purchaser that immediately after the Land Commission gay their said final Consent (in writing} to the aforesaid sub-division the sale of their said parts of the aforesaid lands of Ballymacmoriarty shall be finally completed and the Vendors shall be paid the respective balances o Purchase Money due to each of them. The Vendors hereby further agree with the Purchaser the they will sig all necessary documents of assurance or transfer confirming a good and proper title of their said respectiy undivided shares in the said lands of Ballymacmoriarty.