COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, May 12, 2008
HEADED ITEM NO. 10 (d)
RE: Lease of Telecommunications Ducts at Grange Castle Business Park AHP Manufacturing B.V. T/A Wyeth Medica Grange Castle, Grange Castle Business Park, Clondalkin, Dublin 22.
The Council in its capacity as Developer of Grange Castle Business Park and having regard to the principles of good estate management in the interests of the Park as a whole has provided a range of infrastructural services to service and facilitate clients locating in the Park.
Among the essential services provided are Telecommunications Ducts provided and installed around the park serving potential sites. I recommend that the Council grant a lease to AHP Manufacturing B.V. T/A Wyeth Medica Grange Castle, Grange Castle Business Park, Clondalkin, Dublin 22 in respect of underground telecommunications Duct No. 7 at Grange Castle Business Park – Phase 1, for the purpose of providing telecommunications within the Park 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 subject to the following terms and conditions:-
1. To use Duct No. 7 for the transmission and reception of telecommunications signals in digital data and impulse signals and for no other purpose what so ever.
2. The ducts measuring 3,600 metres or thereabouts in Phase I comprise of two way ducting including all chambers, manholes, junctions chambers and covers but excluding surrounding soil or the surface, except where the cover of a chamber or junction chamber is on and includes the surface.
3. The Lease in respect of Phase 1 shall be for a term of 999 years subject to payment of a Capital Premium of €194,400. (i.e. 3,600 metres at €54 per metres).
4. The rent reserved in the Lease shall be €1 per annum reviewable every 5 years by reference to the Consumer Price Index.
5. Any breach in the terms of the Lease not remedied within 60 days of the service of notice or in the event of the liquidation or receivership of the Company the Council shall be entitled to terminate the Lease by written notice.
6. The Lessee shall obtain the prior written consent of the Council, which consent shall not be unreasonably withheld, for the purpose of repairing, renewing, maintaining, inspecting or replacing the ducts.
7. Reinstatement works shall be carried out in accordance with the guidelines for opening, backfilling and reinstatement of trenches in public roads as published by the Department of the Environment and Local Government in, April 2002 or as amended from time to time.
8. The Council reserves the right, at its expense, to alter or vary the route of the duct or any part thereof, for the purpose of facilitating any present or future development of the Park.
9. The Lessee shall furnish on demand:-
(i) A statement listing any alterations and/or additions to the services in the ducts.
(ii) Copy of current licence for the use of the Ducts/Services provided through them from the Minister for Communications, Marine and National Resources or other regulatory authority and satisfactory evidence that all fees have been paid up to date.
(iii) Furnish annually site maps and as built drawings detailing new extensions to the existing infrastructure including drop connection routes.
10. The Council shall ensure that all parts of the Ducts including the chambers, manholes and covers are permanently and securely covered with covers of sufficient design and strength to withstand the weight of such vehicular, pedestrian and other traffic that may be reasonably expected to pass over them.
11. The Lessee shall not assign, transfer, mortgage or share the possession or occupation of the ducts or any part thereof without the prior written consent of the Council, which consent shall not be unreasonably withheld.
12. The Lessee may assign the Ducts to any Wyeth Medica Group Company provided the Council is furnished with a certified copy of such assignment.
13. To keep the ducts insured with a reputable insurer against loss or damage in a sum sufficient to cover the full cost of reinstating the ducts including Architects fees, site clearance costs, allowances for cost and price inflation, VAT, stamp duties and all other incidental expenses in connection with the rebuilding of the ducts.
14. To indemnify and keep indemnified the Council against all and any expenses, costs, claims, demands, damages and other liabilities, in respect of any claim made directly or indirectly out of the occupation of the Council’s lands or the failure by the Lessee to comply with its obligations. The minimum limit of indemnity required is €6.5m for any single event.
15. At all times during the occupation of the Council’s lands the Lessee shall comply with all statutory requirements and enactments and execute at its own expense any works or arrangements that may be required.
16. Each party shall be responsible for its own legal costs in this matter.
17. The Lease Agreement shall contain such other terms and conditions as are deemed appropriate by the County Solicitor in Leases of this nature.
The lands to be disposed of form part of lands acquired for future development from Millmount Estates in 1975, Alfred Beattie in 1997, Thomas J. Beattie in 1978 and Bernard Murphy in 1980. The lands were acquired for various purposes i.e. housing, industrial development, open space and future development.
J. Horan,
County Manager.