COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 14, 2009

HEADED ITEM NO. 7(g)

Development Department,

County Hall,

Town Centre,

Tallaght, Dublin 24.

                                                                                                  

4^th September, 2009

TO: EACH MEMBER OF SOUTH DUBLIN COUNTY COUNCIL

 

The Council provided an Enterprise Centre at Neilstown in the mid 1990s and granted a licence to Clondalkin Partnership in 1996 to manage the facility on a day to day basis. The Partnership arranged for the management of the facility to be undertaken by the Clondalkin Enterprise Group T/A Enterprise Action. This company has since agreed to amalgamate its interests with another company,  Bawnogue Enterprise & Community Centre Ltd which manages the Bawnogue Enterprise & Community Centre, and have formed a new company known as Action Community & Enterprise Ltd  to manage both Enterprise Centres.   The company proposes to construct three new units and to reconfigure and extend the existing units in the Neilstown Centre and planning permission has been granted for these works on 29/6/2009, Planning Reg. Ref. SD09A/0113.  The company has requested that the Council grant them a lease of the Centre.

I accordingly recommend that subject to the provisions of Section 183 of the Local Government Act, 2001 and in accordance with Section 211 of the Planning and Development Act 2000 that the Council grant a building licence and lease to Action Community & Enterprise Limited in respect of the premises known as Neilstown Enterprise Centre as shown outlined in red on attached Indicative Drawing No. DEV 6166, subject to the following terms and conditions as recommended by the Council’s Chief Valuer:

1.     That the applicant surrenders its existing licence agreement of the premises shown outlined in red on the attached Indicative Drawing No. DEV 6166.   If the applicant proposes to carry out the works for which planning permission has been granted as per planning application Reg. reference No. SD09A/0113 in phases, the Council will grant a temporary licence to the applicant to manage the areas which will not be affected by a particular phase of works, subject to full terms and details being agreed.

2.     That the applicant or their contractor shall be granted a building licence to enter and construct the buildings and extension for which planning permission has been granted as per planning application no. SD09A/ 0113 on the area shown outlined in red on the attached Indicative Drawing No. DEV 6166subject 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 28 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)       That the development shall be constructed in accordance with the planning permission granted as per planning reg. reference no. SD09A/0113.

d)       That the licence shall not be transferable.

e)       That the applicant shall on the signing of the building licence enter on the subject licensed area within 12 weeks for a period of 24 months and build the said buildings and extensions for which planning permission has been obtained as per planning reference no. SD09A/0113. These time periods can be extended at the discretion of the Council.       

f)       During the building period and pending the grant of the 35 year lease as per term no. 3 the applicant will insure the property against fire and all other insurable risks with an Approved Insurance Company and pay all necessary premiums.

g)       That the applicant shall also indemnify South Dublin County Council against any claim for compensation which might/may be made by any party arising out of the applicants occupation of the Licensed area and any building works being carried out thereon. The minimum limit of indemnity required by the Council is €6,400,000 (six million four hundred thousand euro) any one accident.

h)       That the applicant 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)        That the applicant shall undertake only to use the licensed area for the purpose of constructing the development for which Planning Permission has been obtained as per planning application reference No. SD09A/0113 notwithstanding term no. 1.

j)       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.

k)       That the Development shall be carried out in accordance with the permission granted and will comply at all times with the requirements of the Local Government (Planning and Development) Acts, 1963-2000, the Planning and Development Act 2000 -2006, the Building Control Act 1990, Building Regulations 1991-1994 and the Building Control Regulations 1997 and any amendments or re-enactments currently in force, or to be re-enacted in the future in respect of the said Acts and Regulations.

l)        That the applicant shall  comply with all statutory requirements and regulations and in particular  the Safety, Health & Welfare at Work  Acts 1989 to 2005,  Waste Management Act 1996 as amended and Litter Pollution legislation and any amendments or re-enactments currently in force, or to be re-enacted in the future in respect of the said Acts and Regulations.

m)      That the applicant shall reinstate and/or repair any part of the licensed area and approaches thereto damaged by the proposed works, to the satisfaction of the Council.

n)       That the applicant shall organise regular cleaning of the public areas adjoining the licensed area to remove any debris or other materials deposited thereon arising from the building works.

     o)                 The Council, its Engineers, Servants or Agents shall have the right at all reasonable times to enter upon the licensed area to view the state and progress of the said works or for any other reasonable purpose.

p)      That the Council reserves wayleaves where necessary over the demised premises or  through any related areas, or lands to which it holds title, for the purposes of access to services, whether existing or newly constructed services or for any of it’s statutory purposes subject to the appropriate re-instatement of any lands so affected. The Council reserves the right to connect free of charge to any services laid or to be laid within the subject land. The written agreement of the Council will be required where the relocation of public services is proposed.

q)       The  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 or in the event of the bankruptcy or insolvency of the applicant, having given to the applicant a notice period of 30 days as to the acts, defaults, neglects or omissions on the part of the applicant which the Council regards as sufficient justification to enable it to re-enter the property.

                                     

r)       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.

s)       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.

t)       That the above proposal is subject to satisfactory proof of title and that the applicant has obtained the necessary funding to construct the subject development for which planning permission has been granted as per planning application ref no. SD09A/0113.

u)       The licence will contain terms and conditions deemed relevant to the proposed agreement by the Council’s Law Agent. 

3.     That the Council shall grant the applicant a lease of the area shown outlined in red on the attached Indicative Drawing No. DEV 6166  with an area of  0.572 acres or thereabouts subject to the applicant complying fully with term no. 2 and the Council’s Planners and County Architect confirming that the newly constructed buildings on the licensed area and extension to the existing centre have been constructed in accordance with the planning permission granted as per application reference No. SD09A/0113 and to a standard that is to the satisfaction of the Council.

The lease shall be subject to the following terms and conditions:

a)       The lease shall be for a period of 35 years.      

         b)                The annual rent shall be in the sum of €70,000 (seventy thousand euro) exclusive of all outgoings and shall be subject to upwards only reviews 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 annual rent shall be abated to the sum of €200 (two hundred euro) per annum, exclusive of all outgoings subject to the property being used for the purposes of an enterprise centre, light industrial units, community services , office administration and all associated and ancillary services and in compliance with terms nos. 3(c) and (d) hereunder.  The abated annual 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 use of the demised premises shall be for the purpose of an enterprise centre, light industrial units, community services, office administration and all ancillary services associated with the running of the centre. In the event of it ceasing to be used for such purposes, the demised premises on receipt of written notice from the Council will revert free of charge to the Council with full vacant possession and in a good state of repair and condition.

d)      That the Lessee shall operate a scheme of lettings in accordance with guidelines issued by the Lessee and approved by the Council.

e)       That the Lessee shall be responsible for all outgoings including rates, charges, fees and electricity bills that may become payable on the premises during the period of the lease.

f)     That the Lessee shall keep the premises in a good state of repair and carry out all maintenance and repairs.

An authorised Council Official shall be permitted to enter onto the demised premises 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 Lessee 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 demised premises 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.

 

         h)     That the Lessee shall not sell, assign, grant any sub interests, sub-divide, alienate or part with the possession of the demised premises without the prior written consent of the Council except in accordance with the Scheme of Lettings.

           

i)        That the Lessee shall provide adequate security service on the demised premises that shall be to the satisfaction of the Council.

j)     That the lessee shall be responsible for the allocation of car-parking spaces on the demised premises.

         k)       That any signage if permitted shall be subject to Council approval and shall be in accordance with the specifications of the Council.

l)     That the Lessee shall be prohibited from erecting any mast, tower, aerial or hoarding on the demised premises.

m)      That the Lessee shall not carry out any alteration or development of the demised premises or erect any structure or make any excavation without the prior written consent of the Council.

n)       That the demised premises shall be used solely by the applicant for non profit making purposes and in the event of the premises ceasing to be used for this purpose the Council shall have the right to charge the full market rent or to rescind the lease with the premises reverting free of charge to the full vacant possession of the Council and in a good state of repair and condition.

o)     That the sale, manufacture or consumption of intoxicating liquor shall not be permitted in or about the demised premises.

p)     That the demised premises or any part thereof shall not be used as a residence.

q)    That the Council reserves wayleaves where necessary over the demised premises or  through any related areas, or lands to which it holds title, for the purposes of access to services, whether existing or newly constructed services or for any of it’s statutory purposes subject to the appropriate re-instatement of any lands so affected. The Council reserves the right to connect free of charge to any services laid or to be laid within the subject land. The written agreement of the Council will be required where the relocation of public services is proposed.

r)     That the Development shall be carried out in accordance with the permission granted and will comply at all times with the requirements of the Local Government (Planning and Development) Acts, 1963-2000, the Planning and Development Act 2000- 2006, the Building Control Act 1990, Building Regulations 1991-1994 and the Building Control Regulations 1997 and any amendments or re-enactments currently in force, or to be re-enacted in the future in respect of the said Acts and Regulations.

s)     That the Lessee shall comply at all times with the requirements of all present and future Waste Management and Litter Pollution legislation.

          t)       That the Lessee shall insure and keep insured the demised premises 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 demised premises and every part thereof to its original state.

u)    That the Lessee shall indemnify the Council in the sum of €6.4m (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 arising from the Lessees occupation and use of the demised premises.

v)     That in the event of the Lessee 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 the lease by giving the Lessee notice in writing to that effect or unless otherwise stated in such Notice, this agreement shall cease immediately upon such Notice having been given.

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 demised area and to relocate the lessee 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 or Law Agent.

4.       That the applicant will pay the Council’s legal fees incurred in the grant of the licence and 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).

5.       The applicant shall be responsible for the payment of any V.A.T or other taxes or charges due to the creation of the licence and lease.     

6.       That the above proposal is subject to satisfactory proof of title.

7.       That the above proposal is subject to the necessary consents and approvals being

          obtained.                   

                                                                                                                        

8.       That no agreement enforceable in law is created or intended to be created until exchange of contracts has taken place.

The lands being disposed of form part of lands acquired from Dublin City Council(formerly Dublin Corporation) in 1988 for community/enterprise purposes.

J. Horan

County Manager