COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

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MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 14, 2010

HEADED ITEM NO. 8(d)

Re:    Proposed disposal of site at Brookfield Road, Tallaght, Dublin 24 to the Health Service Executive

Following discussions some years ago with the predecessor of the Health Service Executive (HSE), the Council agreed to allocate sites at a number of locations throughout the County to facilitate the provision of health centres to serve the surrounding residential developments. One of these sites was located at Brookfield Road, Tallaght adjacent to the Brookfield Enterprise Centre.  A health centre was subsequently constructed on the site and has been operational under Licence for a number of years. However the transfer of title to the lands was never finalised and agreement has now been reached with the HSE to proceed with the transfer of title in this case.

  The Council’s Chief Valuer has recommended the terms as set out hereunder which he considers to be fair and reasonable and which have been accepted by the HSE.

 Accordingly, I recommend that the Council dispose by way of lease a portion of land measuring approximately .087 hectares or thereabouts at Brookfield Road, Tallaght, Dublin 24 as shown outlined in red on Indicative Drawing No. LD 819 to the HSE in accordance with Section 211 of the Planning & 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 site to be disposed of is as shown delineated in red on the attached Indicative Drawing No. LD 819 and comprises .087 hectares or thereabouts together with a right of way over the area shaded yellow on the drawing which is a common area containing access and communal car parking to be shared  with the Brookfield Enterprise Centre and to a lesser extent Rossfield Stores which has an access onto the common area.  The Council also reserves the right to use the access area to facilitate any future development on the site adjoining the health centre, which is reserved for a community type facility and which right of use may be transferred to any potential owner or Management Company of this site at a future date.

 2.                 That the site to be disposed of to the HSE shall be by way of a 99-year lease, at a capital premium of  €272,994.00 plus VAT, if applicable.

 3.                 That the rent reserved in the lease shall be €1 (one euro) per annum  initially which shall be subject to five yearly rent reviews linked to the increase in the Consumer Price Index.

 4.                 That the Council will retain ownership and control of the common areas (access road, car parking and incidental green areas) and will be responsible for the maintenance of these areas. The Lessee shall pay an annual service charge in respect of the expenses/costs incurred by the Council in maintaining the common areas on a pro rata basis with other properties in the Estate, which will be determined by the gross floor area of the premises on the site.

 5.                 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 against third party claims or demands arising out of the Lessee’s occupation of the property.

 6.                 To insure and keep insured the premises 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.

 7.                 That the Lessees shall be responsible for the payment of any V.A.T./stamp duty payable as a result of the creation of this lease.

 8.                 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.

 9.                 That the Lessee shall at all times comply with the requirements of the Local Government Planning and Development Acts 1963-1993, the Planning and Development Act 2000-2006, the Building Control Act, 1950 and the Building Regulations 1991-1994 and any amendment or re-enactment currently in force in respect of the said Acts and Regulations.

 10.            The Lessee shall not sell, assign, sub-let, sub-divide, alienate or part with the possession of the premises or any part thereof without written consent under seal of the Council, such consent not to be unreasonably withheld.

 11.            The Lessee shall not operate any activity in the premises which shall be a nuisance, annoyance, disturbance or inconvenience or cause damage to any neighbouring adjoining or adjacent property or the owners or occupiers thereof.

 12.            The Lessee shall not at anytime during the said term use the premises, or any part thereof, as a residence or to permit the carrying out of any trade or business whatsoever without consent in writing of the Council first being obtained.

 13.            The Lease to contain such other standard conditions and general provisions as are contained in Leases of this type and as are deemed appropriate by the Council’s Law Agent.

 14.            Each party shall be responsible for their own legal and other costs in this matter.

 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 Houses and Lands pursuant to the Local Government (Dublin) Act, 1993 and part of lands acquired from Kelland Homes Ltd in 1998 for housing and enterprise centre purposes.

J. Horan

County Manager