COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 11, 2011

HEADED ITEM NO. 17

HEADED ITEM: P. Department

DEED OF CHARGE FOR TASC PAVILION TYMON

REPLY:

Registration of Deed of Covenant and Charge in favour of the Minister for Transport, Tourism & Sport on Council land at Tymon Park in respect of Sports Capital Grant for the development of Changing Room Facilities.

The Council has been successful in obtaining approval to Sports Capital Grants from the Department of Transport, Tourism & Sport, in the sum of €700,000 for the purpose of constructing changing room facilities on Council land within Tymon Park.  A number of clubs have come together to form a group known as TASC (Tymon Athletic Sports Clubs) for the purpose of participating and availing in events at the facility.

A condition of the payment of the grant monies requires the Council as owner of the land to enter into a Grant Agreement and a Deed of Covenant and Charge with the Minister for Transport, Tourism & Sport to continue to use the facility for community/sporting purposes for a specified period of up to fifteen years and in the event of it failing to do so, to repay all or part of the grant on a reducing scale.  This Deed of Covenant and Charge is to be registered as a burden against the Council’s title to enable the draw down of grant monies in the sum of €700,000 (Seven Hundred Thousand Euro).  The Council holds registered title to the land under Folio no. DN36250F and the location for the Deed of Covenant and Charge is indicated on Drawing No. PLS 1372-10.  This includes the adjacent car park area which is necessary to service the car parking requirements for the changing room facility.

In accordance with Section 66 of the Local Government Act, 2001 the Council may approve the granting of any ‘financial assistance whether by grants, loans, guarantees or other financial aid, lands or other structures etc’ for matters of this nature, such approval to be by way of resolution of the Council. The above definition would include accepting a charge against Council property in respect of funds provided by other parties for facilities constructed thereon.

Accordingly it is recommended that the Council adopt the following resolution:

“That subject to the provisions of Section 66 of the Local Government Act, 2001,  the Council enter into a  Deed of Covenant and Charge with the Minister for Transport, Tourism & Sport, which is for the absolute sole purpose of securing the approved state grant funding of €700,000, to construct a changing room facility at Tymon Park as shown on attached indicative Drawing PLS 1372-10, for community/sporting purposes for a specified period of up to fifteen years and in the event of it failing to do so, to repay all or part of the grant monies on a reducing scale. This Deed of Covenant and Charge is to be registered as a burden against the Council’s title”.