COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, February 11, 2008
HEADED ITEM NO. H8(b)
Proposed Grant of Lease of 8 underground car spaces at Basement Level - 3, Block A, Tallaght Cross East, Tallaght, Dublin 24 to the Commissioners of Public Works in Ireland (Department of Education and Science)
The Council at its meeting held on the 10th November, 2003 Minute No. C-1098-03 resolved to dispose by way of a 20 year Lease of (part) of ground floor and 1st Floor Offices in the County Hall, Town Centre, Tallaght, Dublin 24 to the Commissioners of Public Works on behalf of the Department of Education and Science. The terms of disposal provided “inter alia” :-
“On completion of construction of the lands immediately adjacent County Hall, where disposal was approved by the Council and under the terms of which car parking spaces were to be made available to the Council, the Council shall terminate the Licence Agreement with the Square Management Company for car parking (14 spaces) and shall offer 14 car spaces in the new Development at the full open market value to the Lessee under a separate lease agreement. This Lease will include an Arbitration clause in the event of disagreement between the parties as to the rental value. In the interim, the Council will grant a licence to the Lessee to use 14 designated car parking spaces in the Square multi-storey car park at a rate to be agreed between the Council and the Management of the Square Shopping Centre. “
The Council’s Valuer was requested to enter into negotiations with the Commissioner of Public Works in Ireland in respect of the allocation of car spaces in Basement Level – 3,Block A, Tallaght Cross East, Tallaght ,Dublin 24 to the Department of Education and Science .It is proposed in accordance with Section 211 of the Planning and Development Act,2000 and subject to the provisions of Section 183 of the Local Government Act,2001 that the Council grant a Lease to the Commissioners of Public Works in Ireland of 8 underground Car Spaces for staff use only in Basement Level -3,Block A, Tallaght Cross East, Tallaght, Dublin 24 subject to the following terms and conditions as recommended by the Council’s Valuer:-
1. That the demise shall comprise 8 underground car spaces, for staff use only, reserved in one block at Basement Level –3, Block A., Tallaght Cross East, Tallaght Dublin 24. Access to the car spaces shall be available at all times but via a card operated barrier system or equivalent system. The location of the spaces to be determined by the Council. Each authorised user must display a valid parking permit clearly indicating that the vehicle is authorised to park in the designated area.
It will be a matter for the Lessee in conjunction with the Management Company to ensure control of unauthorised car parking in the allocated spaces. A formal lease map shall be prepared and included with the lease.
2. That the Lease shall be co-terminus with the existing Lease between the parties at the County Hall extension, Town Centre, Tallaght, Dublin 24, and shall include many similar terms to those in the existing Lease.
3. That the initial rent, payable from the date of commencement of use of the car spaces (which will become the date of commencement of the Lease as executed), shall be in the sum of €24,000 (twenty four thousand euro) per annum. There is no V.A.T. payable on this rent. The rent shall be payable quarterly in advance by electronic transfer to the Council’s nominated bank account.
4. That the rent payable shall be reviewed at five yearly intervals from the date of commencement of the Lease on the basis of the full open market yearly rental value of the car spaces at the relevant times or the passing rent, whichever is the greater.
5. That the Lessee shall be liable to pay a service charge in respect of the 8 underground car spaces which will be billed annually in arrears based on an apportionment of any charges and costs incurred by the Council in the operation and usage of the Basement Level -3, Block A, Tallaght Cross East car park.
6. That the Council’s Law Agent shall prepare a draft Lease and at his discretion shall include any terms and conditions he deems necessary in the circumstances.
7. That each party shall be responsible for their own fees in this matter.
8. That the proposal is subject to the necessary approvals and consents being obtained.
9. That no agreement enforceable by law is created or intended to be created until and exchange of Contract has taken place.
The Car Spaces being disposed of are being acquired from Keenbury Properties Ltd by way of a long Lease.
J. Horan,
County Manager.