COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, November 09, 2009
HEADED ITEM NO. 7(c)
Development Department,
County Hall,
Town Centre,
Tallaght, Dublin 24.
30th October, 2009
TO: EACH MEMBER OF SOUTH DUBLIN COUNTY COUNCIL
Proposed lease of site at Killinarden Park, Tallaght, Dublin 24 to Croí Ró Naofa GAA Club for provision of changing room facilities.
The Council has received an application from Croí Ró Naofa GAA Club for a site at Killinarden, Tallaght, Dublin 24 to facilitate the development of changing room facilities. A site was subsequently identified at Killinarden Park and the Council consented to the Club seeking planning permission for the construction of changing room facilities at this site. Planning permission was subsequently granted to the Club in May 2009 – Planning Reg. Ref. SD09A/0138.
I accordingly recommend that the Council grant a building licence to Croí Ró Naofa GAA Club in respect of the area measuring approximately 1,110 sq.m at Killinarden Park as shown outlined in red on the attached Drawing No LA/27/09 for the purpose of provision of changing room facilities and a lease on satisfactory completion of the works, subject to the following terms and conditions as recommended by the Council’s Chief Valuer:
1. That the applicant or their contractor shall be granted a building licence to enter and construct the building for which planning permission has been granted as per planning Reg. Ref. No. SD09A/ 0138 on the area shown outlined in red on the attached Drawing No LA/27/09.
The building licence will 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 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) The development shall be constructed in accordance with the planning permission granted as per planning reference no. SD09A/0138.
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 12 months and build the said building for which planning permission has been obtained as per planning reference no. SD09A/0138. 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. 2 the applicant will 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 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) 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/0138.
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 (as amended), 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 Act 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 ensure there is no disposal of excavated material from the site deposited within the adjoining Killinarden Park. Prior to the commencement of construction works the applicant or his nominated contractor, shall make contact with Mr. Matt Rudden, District Supervisor of Parks, at ph. 4592617 with a view to agreeing access arrangements, the removal of existing trees to facilitate the development and the erection of suitable fencing etc. to secure the site. The applicant shall organise regular cleaning of the public paths 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 licensed area for the purposes of access to services, whether existing or newly constructed services. 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) 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.
s) That the above proposal is subject to satisfactory proof of title and that the applicant has the necessary funding to construct the subject development for which planning permission has been granted as per planning application ref no. SD09A/0138.
t) 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 LA/27/09 with an area of 1,110sq.m or thereabouts subject to the applicant complying fully with term no. 1 and the Council’s Planners and Architects confirming that the newly constructed building has been constructed in accordance with the planning permission granted as per application reference No. SD09A/0138 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 €13,500 (thirteen thousand five hundred 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 subject to the property being used for sporting/recreational purposes and more particularly as a Sports Changing room and ancillary offices and storage. The payment of rent is to be quarterly in advance by direct debit. 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 applicant shall be responsible for all outgoings including rates, charges, fees, electricity bills and refuse charges that may become payable on the premises during the period of the lease.
d) That the applicant shall not sell, assign, grant any sub interests, sub-divide, alienate or part with the possession of the subject premises without the prior written consent of the Council .
e) That the applicant 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.
f) That the licensed area shall be used solely by the applicant for non profit making as a sports changing room and ancillary offices and storage. 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.
g) That the applicant shall at all times ensure that 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 to 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 applicant 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 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 demised premises and every part thereof to its original state.
That the applicant shall indemnify the Council in the sum of €6.4million 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 demised premises area.
i) 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 (as amended), 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.
j) That the Applicant shall comply with all statutory requirements and regulations and in particular the Safety, Health & Welfare at Work Act 1989 to 2005, Waste Management Act 1996 as amended and Litter Pollution legislation and any 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.
k) That the applicant shall be prohibited from erecting any mast tower aerial or hoarding on the premises.
l) That the demised premises or any part thereof shall not be used as a residence.
m) That the Council reserves wayleaves where necessary over the demised premises for the purposes of access to services, whether existing or newly constructed services. The Council reserves the right to connect free of charge to any services laid or to be laid within the demised premises. The written agreement of the Council will be required where the relocation of public services is proposed.
n) That any signage if permitted shall be subject to Council approval and shall be in accordance with the specifications of the Council.
o) That the applicant 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.
p) That the sale, manufacture or consumption of intoxicating liquor shall not be permitted in or about the premises.
q) The applicant shall at the direction of the Council make adequate provision for the use of the premises 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. A schedule of times shall be agreed prior to the grant of the lease.
Any entity, organisations and schools that may be given use of the licensed 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 directly involved with.
r) That if the licensed 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 licence.
s) 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 the lease 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.
t) That the Council reserves wayleaves where necessary over the demised premises or through any related areas, or lands to which it holds title, 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.
u) 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 applicant temporarily or permanently to an equivalent facility in the locality.
v) That the lease shall include any amendments and/or other conditions as are deemed appropriate by the Council or Law Agent.
3. 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).
4. 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.
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.
7. 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 the lands acquired from Dublin City Council (formerly Dublin Corporation) in 1997 under the Scheme of Transfer of Lands pursuant to the Local Government (Dublin) Act, 1993.
J. Horan
County Manager