COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, January 16, 2012
HEADED ITEM NO. 7(b)
Proposed Grant of Lease to Kilnamanagh AFC in respect of site for football pitch and all weather facilities at Treepark Road, Kilnamanagh, Dublin 24.
REPORT:
The Council’s Parks Department recommended that the Council allocate a site at Treepark Road, Kilnamanagh, Dublin 24 to Kilnamanagh A.F.C. for the development of a football pitch and all-weather facilities. The Club has already provided changing-room facilities in the Kilnamanagh Family Recreation Centre adjoining the proposed site. Kilnamanagh A.F.C. obtained planning permission for the development of a football pitch and all-weather facilities on the site – Planning Reg. Ref. SD07A/0463 and SD08A/0652 refer. By Manager’s Order LA/170/08 the Council granted a building licence to Kilnamanagh AFC to enter onto the site to carry out the development. The Club was approved for grant funding in the sum of €280,000 by the Department of Arts, Sport and Tourism towards the carrying out of these works and the Council accepted a Deed of Charge against its title in respect of this grant funding- Manager’s Order LA/046/2008 and Minute No. C/0074/08 refer. The works are now complete and the facility operational and it is proposed to grant a lease to the Trustees of Kilnamanagh AFC in respect of the facility, subject to terms and conditions.
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 of an area of land measuring 1.823Ha (4.5 acres) or thereabouts comprising of standard football pitch and two all weather pitches, as shown outlined in red on Drawing No. PLS 1653-04 to the Trustees of Kilnamanagh Association Football Club, 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 Drawing No. PLS 1653-04 measuring an area of 1.823Ha (4.5 acres) or thereabouts.
3. That the Council shall retain a right to wayleaves for no consideration through the areas shown shaded in yellow on Drawing No. PLS. 1653-04 to access public services/utilities located within and adjacent to the premises and to any future wayleaves through any part of the leased area, for any of its statutory purposes subject to the appropriate reinstatement of any lands so affected.
4. That the annual rent shall be in the sum of €57,000 (fifty seven 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 and in accordance with the provisions of Article 206(1) of the Planning and Development Regulations 2001-2009, 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 6, outlined below.
5. 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.
6. That the demised premises shall be used solely by the Lessee for non profit making purposes and more specifically as a sports facility. 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 applicable at that time.
7. 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.
8. That the Lessee shall keep the premises and surrounding area and boundaries in a good state of repair and carry out all necessary maintenance on the premises. An authorised official of the Council shall be entitled to enter onto the premises at any time to view the state and condition of the premises and, if necessary, to 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 specified by the Council.
9. That the Lessee shall at all times operate and maintain the premises in such a manner that it shall be an amenity to the neighbourhood and a place of pleasant resort and not allow it to be used so as to be a nuisance to persons resorting to it or to owners or occupiers of surrounding houses and lands or to members of the public. In particular, the Lessee shall not allow undue noise or commotion to emanate from the premises at any time during its opening hours. The premises shall be fully secured at all other times.
10. 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.
11. That the Lessee shall insure and keep insured the premises at all times in the joint names of the Council and the Lessee against loss or damage by fire or other cause in the sum of the cost of rebuilding and reinstating materials, fittings and such insurance shall be index linked and to produce to the Council for notation the policy or policies of such insurance and the receipt for every such payment.
That in the event of the premises or any part thereof being destroyed or damaged as aforesaid, the Lessee shall forthwith rebuild and reinstate the same to its original state. That all monies received by virtue of any such insurance as aforesaid shall be applied to the rebuilding and the reinstatement of the premises.
12. That the Lessee shall take out and produce to the Council for notation a Public Liability Policy of Insurance indemnifying the Lessee and the Council in the sum of €6,400,000 in respect of any one claim for injury or damage to any person or property at or in or on the site or premises howsoever arising and to pay punctually all premiums lawfully due and to produce to the Council (without formal demand being necessary) each year on payment of the premiums the receipt thereof for notation.
13. That the Lessee 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 and the Building Regulations 1991 – 1994, Building Control Regulations 1997.
14. 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.
15. That the Lessee shall be prohibited from erecting any mast, tower, aerial or hoarding on the premises without the prior written consent of the Council, which consent will be subject to terms between the parties.
16. That the Lessee shall not carry out any alteration or development of the premises or erect any structure or make any excavation without the prior written consent of the Council, such consent not to be unreasonably withheld.
17. That any signage erected by the Lessee shall be subject to Council approval and shall be in accordance with specifications of the Council’s Planning Department.
18. That the sale, manufacture or consumption of intoxicating liquor shall not be permitted in or about the premises.
19. 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.
20. 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.
21. That in the event of the Lessee failing to comply 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 and unless otherwise stated in such Notice, this Agreement shall cease immediately upon such Notice having been given.
22. 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.
23. That the Lessee shall pay the Council’s legal fees plus VAT(if applicable) incurred in the grant of the lease, which fee shall be agreed with the Law Agent in due course..
24. That the Lessee shall pay Valuers fees of €1500.00 (one thousand five hundred euro) plus VAT.
25. That the Lease Agreement shall be drafted by the County Solicitor and may contain any other covenants and conditions usually contained in agreements of this type.
26. That the above proposal is subject to satisfactory proof of title.
27. That the above proposal is subject to the necessary consents and approvals being obtained.
The lands being disposed of form part of lands acquired from Kilnamanagh Estates Ltd in 1985 for road purposes.