COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 12, 2011

HEADED ITEM NO. 13

DEED OF COVENANT AND CHARGE FOR UPGRADE OF ATHLETIC TRACK AT BANCROFT PARK, TALLAGHT, D. 24

REPORT:

Registration of Deed of Covenant and Charge in favour of the Minister for Transport, Tourism & Sport on Council lands at Bancroft Park in respect of Sports Capital Grant for the upgrade of existing Athletic Track.

The Council has been successful in obtaining approval to Sports Capital Grants from the Department of Transport, Tourism & Sport, in the sum of €130,000 for the upgrade of existing Athletic Track.

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 for provision of the upgrade of existing Athletic Track. 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 €130,000 (One Hundred and Thirty Thousand Euro). The Council holds registered title to the land under Folio no. DN 122614F and the location for the Deed of Covenant and Charge is indicated on Drawing No. PLS 1835-01. 

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 €130,000, to upgrade of existing Athletic Track at Bawncroft Park, D24 as shown on attached indicative Drawing PLS 1835-01, 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”.