COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, February 14, 2011
HEADED ITEM NO. 7(c)
In 1997, the Council approved the leasing of existing pavilion structure, ground adjacent thereto and adjoining lands at Mill Lane, Palmerston comprising 8.98 acres or thereabouts to Palmerstown Rangers Sporting and Leisure Ltd subject to terms and conditions- Certified Minute C/529/1997 refers. This lease was never finalised and Palmerstown Rangers Sporting and Leisure Ltd was subsequently dissolved. In the meantime, negotiations have taken place with the Trustees of Palmerstown Rangers Football Club, which Club has continued to be facilitated in these grounds, regarding the leasing of pavilion building and car park. The adjoining lands including pitches will remain in the ownership of the Council.
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 dispose by way of lease to the Trustees of Palmerstown Rangers Football Club, the existing pavilion building and car park area at Mill Lane, Palmerston, Dublin 20 as shown outlined in red on the attached Drawing No. PLS 1772-01 measuring an area of 1685 sq. metres or thereabouts, subject to the following terms and conditions as recommended by the Council’s Chief Valuer:
1. That the lease shall be for a period of 35 years.
2. That the demised premises is the area as shown outlined in red on the attached Drawing No. PLS 1772-01 measuring an area of 1685 sq. metres or thereabouts together with the pavilion constructed thereon.
3. That the Council( for the benefit of itself, its nominees, assigns, invitees etc) shall retain a right of way over the area shown coloured in yellow on the Drawing No. PLS 1772-01 to access the adjoining public open space.
4. That the annual rent shall be in the sum of €19,000 (nineteen thousand euro) plus V.A.T, (if applicable), 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 annual rent shall be abated to €200 (two hundred euro) ) plus V.A.T, (if applicable), exclusive of all outgoings subject to the property being used for the purposes as specified at term no 7, outlined below.
5. The payment of rent is to be quarterly in advance by standing order. 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.
6. That the lessee 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.
7. That the demised premises shall be used solely by the Lessee for non profit making purposes and more specifically as a sports changing room and ancillary offices and storage and carpark. 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.
8. 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.
9. That the Lessee shall keep the demised 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.
10. That the Lessee 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 allow it to be used so to be a nuisance to persons resorting to it or to owners or occupiers of surrounding properties 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.
11. That the applicant shall at all times maintain proper order and conduct on the demised premises and shall exclude therefrom any person or child whose conduct is not proper, orderly and decent.
12. 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 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 lessee is obliged to reinstate the demised premises and every part thereof to it’s original state.
13. That the Lessee 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
14. That the Lessee shall be prohibited from erecting any mast, tower, aerial or hoarding on the demised premises.
15. That any signage if permitted shall be subject to Council approval and shall be in accordance with the specifications of the Council.
16. 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.
17. That the sale, manufacture or consumption of intoxicating liquor shall not be permitted in or about the demised premises.
18. That the demised premises or any part thereof shall not be used as a residence.
19. That no trade or business shall be undertaken on the demised premises without the prior written approval of the Council. Any such business carried out on the demised premises must comply fully with all the legal requirements of the Council and other State Agencies where applicable and must be complementary to the permitted use of the premises i.e. a sports changing room and ancillary offices and storage and carpark.
20. That the Lessee 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.
21. 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.
22. The Lessee 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 rates 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 Lessee’s insurance should not be affected by any event which they have not directly organised or are not directly involved with.
23. 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.
24. 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 Lessee temporarily or permanently to an equivalent facility in the locality.
25. 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.
26. That the Lessee shall be responsible for the payment of any V.A.T or other taxes or charges due to the creation of the lease.
27. That the lease shall include any amendments and/or other conditions as are deemed appropriate by the Council or Law Agent.
28. That the Lessee will pay the Council’s legal fees plus VAT.
29. That the Lessee shall pay Valuers fees of €800 (eight hundred euro) plus VAT.
30. That the above proposal is subject to satisfactory proof of title.
31. That the above proposal is subject to the necessary consents and approvals being obtained.
32. That no agreement enforceable at law is created or intended to be created until exchange of contracts has taken place.
The lands to be disposed of form part of lands acquired from Stewarts Hospital in 2001 for open space purposes.
J. Horan
County Manager