COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, July 13, 2009
HEADED ITEM NO. 8(f)
Development Department,
County Hall,
Town Centre,
Tallaght, Dublin 24.
2nd July, 2009
TO: EACH MEMBER OF SOUTH DUBLIN COUNTY COUNCIL
LD 1019 Re: Proposed lease of site at Ballyowen Park, Lucan to South Dublin Football League Limited for provision of all weather facility.
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The Council at its meeting held on 13/9/2005 approved the lease of a site at Ballyowen Park to South Dublin Football League Limited for the construction of a Clubhouse. This facility is now in place and the Lessee has been in discussions with the Council in relation to the leasing of an adjoining site to facilitate the provision of an all weather pitch.
It is accordingly recommended that the Council grant a building licence and lease to the South Dublin Football League Limited in respect of the area at Ballyowen Park as shown outlined in red on attached Drawing No. PLS 1139-15 for the purpose of provision of an all weather facility, subject to the following terms and conditions as recommended by the Council’s Chief Valuer:
1. That the applicant or their contractor (to be approved by the Council) shall be granted a building licence to enter and construct an all weather playing pitch on the area outlined in red on the attached Drawing No.PLS 1139-15, a right of way over part of Ballyowen Park as shown shaded in yellow for the purpose of accessing the site, a compound site of part of Ballyowen Park if necessary and access to other parts of Ballyowen Park that is necessary for the purpose of realigning the footpath and for connecting to services and for any other works in connection with constructing an all weather football pitch on the area shown outlined in red on Drawing No. PLS 1139-15.
Full details regarding the extent of the right of way, access to other parts of Ballyowen Park and the compound site shall be determined by and shall be at the sole discretion of the Council and will only be for the duration of the building licence agreement. The building licence will also be subject to the following terms and conditions:
a) That the Council’s Law Agent will forward the building licence to the applicant following the issuing of the necessary consents of South Dublin County Council. The building licence must be returned executed within 21 days of its issue.
b) In the event of the building licence not being executed within the specified time period or on the specified dates then South Dublin County Council shall be entitled at its absolute discretion to rescind the agreement.
c) The development shall be constructed in accordance with the planning permission granted as per planning reference no. SD08A/0325.
d) This licence shall not be transferable.
e) The applicant shall on the signing of the building licence enter on the subject licensed area within 12 weeks for a period of not greater than 16 months and build the said all weather football pitch for which planning permission has been obtained as per planning reference no. SD08A/0325.
f) During the building period and pending the grant of the 25 year licence as per term no. 2 the applicant will arrange to insure the property against fire and all other insurable risks with an Approved Insurance Company and pay all necessary premiums.
g) The applicant shall also arrange to indemnify South Dublin County Council against any claim for compensation which might/may be made by any party arising out of building works being carried out. The minimum limit of indemnity required is in the sum of €6.4 million (six million four hundred thousand euro).
h) That the Licensee shall submit a copy of a contract entered into with a contractor for the carrying out of the works and in particular a Form of Indemnity or Guarantee against defects arising in the approved development for a specified period , for the information of the Council, prior to the grant of the Licence.
i) The applicant shall undertake only to use the licensed area for the purpose of constructing the all weather pitch and associated works for which Planning Permission has been obtained as per planning application reference No. SD08A/0325.
j) South Dublin County Council reserves the right to re-enter on the licensed area and resume possession thereof should the applicant fail to commence and complete the works within the specified period.
k) If the construction programme has not commenced within the specified time period then South Dublin County Council at its absolute discretion shall have the right to terminate the contract.
l) All planning costs, site preparation, development and associated costs incurred in the delivery of the entire completed development shall be borne by the applicant. Adequate fencing and/or security systems must be put in place along the entire boundaries of the licensed area for the duration of the development.
m) The applicant shall provide a suitable guarantee to the Council to ensure that the proposed development is completed within the agreed time frame. The guarantee may take the form of a financial funding contract or performance bonds.
n) The applicant shall reinstate and realign any footpaths affected by the construction of the subject all weather pitch to the satisfaction of the Council. The applicant will also reinstate the areas over which they had a right of way and access to (including the site compound) over part of Ballyowen Park . That the applicant shall provide the Council with a bond which shall be returned on the completion of the reinstatement works.
o) That the above proposal is subject to satisfactory proof of title and that the applicant has the necessary funding to construct the subject football pitch and associated works.
p) The licence will contain terms and conditions deemed relevant to the proposed agreement by the Council’s Law Agent.
2. That on satisfactory completion of the works, the Council shall grant the applicant a lease of the area shown outlined in red on the attached Drawing No PLS 1139-15 or thereabouts together with a right of way for access and maintenance purposes over the area shown shaded in yellow on the Drawing subject to the applicant complying fully with term no. 1. The extent and details of the right of way(s) and wayleave(s) which shall only be for the duration of the lease shall be determined at the sole discretion of the Council. The lease shall be subject to the following terms and conditions:
a) That the lease shall be for a period of 25 years. The period of the lease can be extended at the sole discretion of the Council.
b) That the rent shall be in the sum of €40,000 (forty thousand euro) exclusive of all outgoings and shall be subject to review at the end of every fifth year to the annual open market rent which shall be determined by a Chartered Valuation Surveyor appointed by the Council or on the basis of the increase (if any) in the Consumer Price Index or the passing rent, whichever is greater. Notwithstanding the rent so reserved, the rent payable shall be abated to €250 (two hundred and fifty euro) as long as the property is used for the purposes as per term no. 2(c). The abated rent shall be reviewed at the end of every fifth year on the basis of the increase in the consumer price index.
c) That the leased area shall be used solely by the applicant for non-profit making community/sporting purposes. The sport(s) permitted to be agreed with the Council. In the event of it ceasing to be used for such purposes it shall revert free of charge to the Council or to the open market yearly rent as determined by the Council’s Valuer.
d) That the applicant shall at all times ensure the leased area and the area over which they are granted a right of way for the purpose of access and maintenance of the leased area are kept in such condition that it shall be an amenity to the neighbourhood and a place of pleasant resort and shall not allow it to be used so to be a nuisance to persons resorting to it or to owners or occupiers of surrounding houses or members of the public. In particular, they shall not allow undue noise or commotion to emanate from the building at any time during its opening hours.
e) That the applicant shall keep the leased area and access thereto in a good state of repair and carry out all necessary maintenance and repairs.
f) An authorised Council Official shall be permitted to enter onto the leased area at any time and view the state and condition of the property and if necessary prepare a schedule of dilapidations and the necessary works (if any) shall be carried out by the lessee within a reasonable period of time as stated by the Council.
g) That the applicant shall indemnify the Council in the sum of €6.4million (six million four hundred thousand euro )or such other sum 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 leased area
h) That the applicant shall insure and keep insured the leased area in a sum equivalent to the full replacement value, at all times in the joint names of the Council and the applicant 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 licensee is obliged to reinstate the leased area and every part thereof to its original state.
i) That the applicant shall at all times maintain proper order and conduct on the leased area and shall exclude therefrom any person or child whose conduct is not proper, orderly and decent.
j) That any signage if permitted shall be subject to Council approval and shall be in accordance with the specifications of the Council.
k) That the applicant shall be prohibited from erecting any mast, tower, aerial or hoarding on the leased area.
l) That the applicant shall not carry out any alteration or development of the leased area or erect any structure or make any excavation without the prior written consent of the Council.
m) That the sale, manufacture or consumption of intoxicating liquor shall not be permitted in or about the licensed area.
n) That the applicant shall agree and show to the Council a schedule of the times for use of the facilities prior to the date of the commencement of the lease. This schedule will include the type of sport to be allowed to use the facility at any specified time. In the event of disagreement regarding the use of the facilities subsequent to this agreement the matter shall be referred to arbitration for determination.
o) The applicant shall at the direction of the Council make adequate provision for the use of the leased area by other organisations and schools in the area at reasonable times and free of charge or at a fee to be agreed with the Council subject to it being used in a proper manner and subject to availability. Any entity, organisations and schools that may be given use of the leased area must ensure that they are adequately insured with their own policy of insurance for any such events organised therein, that the applicant’s insurance should not be affected by any event which they have not directly organised or are not directly involved with.
p) That if the leased area is not utilised to its full extent at any time the Council at its discretion shall be entitled to allow other sporting organisations to use the facilities on either a temporary basis or for the duration of the term of the lease.
q) That if the applicant allows any sport on the leased area they shall take particular care that all such games are of a safe nature and so conducted as to ensure that no avoidable danger is caused to participants, spectators and other persons or to any property and that any equipment used for such games are safe and in good order for the purpose for which same are used.
r) That the applicant shall comply at all times with the requirements of all present and future Waste Management and Litter Pollution legislation.
s) That the applicant shall not sell, assign, grant any sub interests, sub-divide, alienate or part with the possession of the subject licensed area without the prior written consent of the Council.
t) That the applicant shall be responsible for the payment of all outgoings including rates, charges, fees, electricity bills etc. that may become due on the leased area during the period of the lease.
u) That in the event of the Applicant failing to comply with any of the terms, conditions, warranties, covenants or the obligations and stipulations herein contained or becoming dissolved or going into liquidation, the Council may revoke this Agreement by giving the applicant notice in writing to that effect or unless otherwise stated in such Notice, this agreement shall cease immediately upon such Notice having been given.
v) 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.
w) 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 leased area and to relocate the applicant temporarily or permanently to an equivalent facility in the locality.
x) That the Lease shall include any amendments and/or other conditions as are deemed appropriate by the Council’s Law Agent for Agreements of this nature.
3. That the applicant will pay the Council’s legal fees incurred in the grant of the lease which shall be agreed with the Council’s Law Agent at a later date and a valuers fee of €1,500 (one thousand five hundred euro).
4. The applicant shall be responsible for the payment of any V.A.T or other taxes due to the creation of the lease.
5. That the above proposal is subject to satisfactory proof of title.
6. That the above proposal is subject to the necessary consents and approvals being obtained.
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