COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, May 12, 2008
HEADED ITEM NO. 10(e)
Proposed lease of premises comprising of crèche facility at Brookfield Community and Youth Centre to The Shanty Educational Project Ltd
The Council recently constructed a development at the junction of Brookfield Road and Cheeverstown Road comprising of Brookfield Community & Youth Centre and a crèche facility.
It is proposed to grant a lease of that portion of the above premises, comprising of the crèche element, as shown outlined in red on Drawing No. LA/07/08 to The Shanty Educational Project Ltd,, An Cosán, Kiltalown Village Centre, Fortunestown Road, Jobstown, Tallaght, Dublin 24 who will operate the facility as Fledglings Childcare, 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. That the premises to be leased is that portion of the premises at Brookfield Community and Youth Centre comprising the Crèche element including defined internal and external areas and adjoining courtyard as more particularly delineated in red on the Drawing No. LA/07/08.
2. The Lease to be for a term of 30 years.
3. That the property shall be used solely for community purposes, more specifically for a community based childcare centre and all associated and ancillary services and to be operated in compliance with any present or future regulations relating to childcare provision and good practice. In the event of it ceasing to be used for such purposes, it shall revert free of charge to the Council or at the Council’s absolute discretion, the full open market yearly rental value of the site and buildings shall apply, as determined by the Council’s Valuer.
4. The rent, exclusive of rates and all other outgoings for which the Lessee is responsible shall be in the sum of €43,500 (forty three thousand five hundred euro) per annum and the rent shall be revised on the basis of the full open market rental at the end of every fifth year.
Notwithstanding the rent so reserved, the rent payable as long as the property is used for community purposes and no other purpose, shall be abated to €200.00(Two hundred euro) per annum exclusive of all outgoings with a provision for five yearly rent reviews, as determined by the Council’s Valuer.
5. That the Lessee shall not sell, assign, sub-let, sub-divide, alienate or part with the possession of the subject property without the prior written consent of the Council. The Council shall receive early notice of the parties to and the terms of any proposed sub-letting or assignment or of any proposed suspension or termination of the Lessee’s activities at the property.
6. That the Lessee shall indemnify the Council in the sum of €6.4million (six million four hundred thousand euro)or such other sums as may be stipulated by the Council from time to time in respect of any claims for injury or damage to any person or property through the use of the premises or through the activities carried out thereon.
7. That the Lessee shall insure and keep insured the property and every part thereof in a sum equivalent to the full replacement value, at all times in the joint names of the Council and the Lessee against loss or damage by fire or other cause in an established insurance office to be approved by the Council and to pay all premiums or such sum of money necessary for that purpose and within 7 days after the same has become payable to produce to the Council the policy or policies of such insurance and the receipt for every such payment. In the event of loss or damage by fire or other cause, the Lessee is obliged to reinstate the property and every part thereof to its original state.
8. That in the event that the Lessee provides an outdoor child play area within the demised area, then the Lessee must undertake to provide adequate fencing security and this area must also be adequately insured in the above mentioned insurance policy.
9. That the Lessee shall at all times maintain the property in such Condition that it shall be an amenity to the neighbourhood and a place of pleasant resort and not to allow it to be used so as to be a nuisance to persons resorting to it or to owners or occupiers of surrounding properties or members of the public. In particular, they shall not allow undue noise or commotion to emanate from the building at any time during it’s opening hours.
10. That the Lessee shall keep the premises in a good state of repair and carry out all necessary maintenance on the building both internal and external. An authorised official of the Council shall be entitled to enter onto the property at any time to view the state and condition of the building and if necessary to prepare a schedule of dilapidations to be carried out by the Lessee within a reasonable period of time as stated by the Council.
11. That the Lessee shall at all times maintain proper order in or about the premises.
12. That the Lessee shall not carry out any alteration or development of the property or erect any structure or make any excavation without the prior written consent of the Council, such consent not to be unreasonably withheld.
13. That any signage proposed by the Lessee shall be in accordance with specifications of the Council’s Planning Department (who shall have due regard to the interests of the Childcare Provider) and shall be agreed with the Council in advance.
14. That the Lessee shall not use the property or any part thereof as a residence.
15. That the sale, manufacture or consumption of intoxicating liquor shall not be permitted in or about the premises.
16. That the Lessee shall comply at all times with the requirements of all present and future waste Management and Litter Pollution legislation.
17. That the Lessee shall be prohibited from erecting any mast, tower or aerial on the premises.
18. That the applicant shall endeavour to make adequate provision forthe use of the property by other childcare related organisations or groups in the area at reasonable times and rates subject to it being used in a proper manner and subject to availability. Furthermore that any organisations or groups that may be given use of the property should ensure that they are adequately insured with their own policy of insurance for any such events organised therein.
19. In the context of any future redesign or redevelopment of the adjoining lands, that the Council shall have the absolute right for no consideration to resume possession of the lands and any buildings erected on it and to relocate the lessees temporarily or permanently to an equivalent building in the locality.
20. That the Council shall retain a right to wayleaves for no consideration, through any lands included in the lease or any related areas, or lands to which it holds title, for any of its statutory purposes subject to the appropriate re-instatement of any lands so affected.
21. That the County Solicitor shall draft the necessary legal Agreement and may include further terms and conditions as are deemed appropriate including an appropriate arbitration clause in order to protect the Council’s interest in this case. In the case of disputes concerning valuation issues in the Agreement the arbitration clause shall refer to the appointment of a Chartered Valuation Surveyor to act as arbitrator. This person to be appointed by agreement between the parties or in default of agreement to be appointed by the President of the Society of Chartered Surveyors in the Republic of Ireland. The costs of any arbitration to be borne equally by the parties.
22. That each party shall be responsible for its own legal and other costs in this matter.
23. No agreement enforceable at law is created or intended to be created until exchange of contracts has taken place.
The lands to be disposed of form part of lands acquired from Dublin City Council in 1997 in accordance with the Scheme of Transfer of Lands under the Local Government (Dublin) Act 1993.
J. Horan
County Manager