COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 11, 2008

HEADED ITEM NO. 14

 

LD 1261 Re:    Approval to registration of charge by the Minister for Arts, Sport and Tourism in respect of changing room facility  at Corkagh Park - premises occupied by MAAN Group Ltd.

REPORT:

The Council’s Parks Department has provided a changing room facility in Corkagh Park to facilitate a number of football clubs in the area. A number of clubs came together to form a Company known as MAAN Group Ltd for the purpose of managing the facility.

The Minister for Arts Sport and Tourism approved grant aid in the sum of €300,000.00 towards the cost of constructing the facility. A condition of the payment of the grant monies requires the Council as owner of the premises to enter into a Grant Agreement and a Deed of Covenant and Charge with the Minister for Arts, Sport and Tourism to continue to use the facility for community/sporting purposes for a specified period of up to fifteen years and in the event of it failing to do so, to repay all or part of the grant on a reducing scale.  This Deed of Covenant and Charge is to be registered as a burden against the Council’s title to enable the draw down of grant monies in the sum of €300,000 (Three Hundred Thousand Euro).  The Council holds registered title to part of the site only, as shown hatched in red  on Indicative Drawing PLS 1639-01a, and is pursuing registration of title to the remaining area. However in order to draw down the grant  monies due at this stage it is proposed to register the charge against the portion of the site, to which the Council holds registered title.

 In accordance with Section 66 of the Local Government Act, 2001 the Council may approve the granting of any ‘financial assistance whether by grants, loans, guarantees or other financial aid, lands or other structures etc’ for matters of this nature, such approval to be by way of resolution of the Council. The above definition would include accepting a charge against Council property in respect of funds provided by other parties for facilities constructed thereon.

 Accordingly it is recommended that the Council adopt the following resolution:

 “That subject to the provisions of Section 66 of the Local Government Act, 2001,  the Council enter into a  Deed of Covenant and Charge with the Minister for Arts, Sport and Tourism, which is for the absolute sole purpose of securing the approved state grant funding of €300,000, to continue the use of  the facility, comprising of a changing room facility at Corkagh Park occupied by the MAAN Group Ltd as shown hatched in red on Indicative Drawing PLS 1639-01a , for community/sporting purposes for a specified period of up to fifteen years and in the event of it failing to do so, to repay all or part of the grant monies on a reducing scale. This Deed of Covenant and Charge is to be registered as a burden against the Council’s title”.