COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, June 09, 2008
HEADED ITEM NO. 9 (h)
The Council at its Meeting held on the 9th September, 2002 Minute No.C/0451/02 approved the disposal of 19.6 acres or thereabouts to Takeda Pharma Ireland Ltd for the purpose of developing a Pharmaceutical Facility at Grange Castle Business Park. The company has now completed it’s development and commissioning of the plant and is now in production.
Takeda is now expanding its global operations and has recently acquired significant companies in the Biotechnology and Pharmaceutical Sector. Takeda has requested that the Council dispose of a further 19 acre site south of their existing facility to enable them to develop and expand their existing operations in Ireland.
I recommend that the Council dispose of by way of 999 year lease of a site of approximately 19 acres or thereabouts as shaded blue on Drawing No. 02_028D_171, at Grange Castle Business Park, Clondalkin, Dublin 22 to Takeda Pharma Ireland Limited (or another company within the Takeda group of companies) for the purposes of developing a pharmaceutical facility in accordance with Section 211 of the Local Government (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 which are to be incorporated into the proposed Lease,
1. Vendor:
South Dublin County Council, County Hall, Town Centre, Tallaght, Dublin 24.
2. Purchaser:
Takeda Pharma Ireland Limited (or another company within the Takeda group of companies), Grange Castle Business Park, Dublin 22, Ireland.
3. Property:
The site area being disposed of has an area of about 19 acres or thereabouts and is as shown shaded blue on Drawing No. 02_028D_171. The Council will prepare an accurate disposal drawing and the site area will be computed and the total purchase price assessed at the rate per acre outlined in the terms hereunder. The precise area shall be agreed between the Vendor and the Purchaser prior to the signing of contracts.
The Council shall grant a 999 year Lease of the subject lands subject to the reservation of a 10m service wayleave area in favour of the Council and it’s nominees on the eastern boundary as shown in yellow on Drawing No. 02_028D_171.
The Council shall retain the right of way over the existing temporary haul road, shown shaded in orange on Drawing No. 02_028D_171 in favour of the Council and it’s nominees until 31st December, 2009 or such longer period as may be required and agreed between parties.
4. Purchase Price:
(i) The purchase price to be paid by the Purchaser to the Vendor shall be calculated at €600,000 (six hundred thousand euros) per acre (exclusive of planning levies and the Grange Castle Business Park Arts Levy) and proportionally for any part of an acre.
The exact area is subject to survey and mapping and the Vendor and the Purchaser shall agree the precise boundaries of the subject property and the area comprised within these boundaries.
(ii) The Purchaser will be liable for the payment of a service charge in respect of any area of undeveloped land in accordance with the Scheme Lease for the Park.
(iii) The disposal and payment in full of the consideration is to be completed no later than the 31st December, 2008.
10% of the consideration shall be payable on signing of the contract relating to the disposal.
90% being the balance shall be payable on completion of the disposal which shall be within 3 months of the signing of the contract or 31st December, 2008 whichever shall be the earlier.
5. Special Conditions
(i) The purchaser to maintain and secure their undeveloped land in a meadow/lawn type condition on an ongoing basis.
(ii) No temporary development whatsoever including storage, temporary accommodation, parking etc shall take place on the subject lands without the prior written consent of the Council. However, South Dublin County Council acknowledges the probable need (subject to planning) for the use of these subject lands on a temporary basis to facilitate expansion on the purchasers existing site.
(iii) The Takeda site at Grange Castle Business Park must not exceed the ‘COMAH SEVESO LOWER TIER’ threshold.
(iv) The purchaser and the vendor agree to review their mutual plans for the Business Park and site every 2 years.
(v) An option clause is to be included in the legal agreement which will allow South Dublin County Council after 10 years to buy back the land at the purchase price plus 3% compound interest per annum in the event that the lands are not developed within the 10 years from the date of the completion of the sale. Any extension of this period to be agreed between the parties.
(vi) The Councils solicitor shall draw up the necessary legal documents and the proposed lease shall include similar terms and conditions as are contained the previous Master Lease.
6. Contract
(i) No contract shall exist or be deemed to exist unless and until agreed contractual documentation has been formally exchanged between the parties, incorporating the above terms and such further provisions as are recommended by the respective legal and professional advisers and agreed by the Vendor and Purchaser, subject to the necessary statutory approvals and consents being obtained and the relevant deposit paid and accepted.
(ii) Each Party shall be responsible for its own respective legal and other fees.
The lands being disposed of form part of the lands acquired from Mervyn Eager, in 1999 and from Mary Blaney, in 1997 for future development purposes.
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J. Horan
County Manager