COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, September 22, 2014
HEADED ITEM NO.7(h)
Proposed disposal of plot of land at Brookfield Road, Tallaght, Dublin 24 to Elim Trust Corporation
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An application has been received from representatives of the Elim Trust Corporation to acquire a site from the Council at Brookfield Road, Tallaght, Dublin 24 to build a community church centre for the growing international community around Brookfield. The Corporation has advised that it currently rents a number of units at the adjacent Brookfield Enterprise Centre from which it operates a number of services including the the Oasis Counselling Service which provides counselling for adults and children, a Youth Leader and children’s worker to work with young people and children and more recently the Manna Charity Shop.
The matter was referred to the Council’s Valuer for examination and he has recommended the following terms which he considers to be fair and reasonable and which have been accepted by the Applicant.
Accordingly, I now recommend that the Council dispose of the plot of land measuring 0.076 Hectares or thereabouts at Brookfield Road, Tallaght, as shown outlined in red on the attached Drawing No. LA/47/14 together with a right of way over the areas shown coloured in yellow on the Drawing, to the Elim Trust Corporation in accordance with Section 211 of the Planning and Development Act, 2000 and subject to the provisions of Section 183 of the Local Government Act, 2001 subject to the following terms and conditions as recommended by the Council’s Valuer:-
(a) €10,000 (ten thousand euro) payable on the date of signing of the agreement to lease, which shall take place no later than 3 months from the date of approval of the Council of the transaction.
(b) €30,000 (thirty thousand euro) on the date of final grant of planning permission for the development.
(c) €5,000 (five thousand euro) on the date of transfer of leasehold title which shall take place when the development is certified as being fully completed.
Interest at the rate of 12% per annum shall apply to any outstanding amounts which have not been paid as they have fallen due.
(d) That the site shall be disposed of by way of a Leasehold Building Agreement i.e. an Agreement to Lease, incorporating building licence provisions, followed by the grant of a 999 year lease at a rent of €100 (one hundred euro) per annum, with five yearly rent reviews linked to changes in the Consumer Price Index in the intervening periods, when the approved development is fully completed. No transfer of the lease shall be permitted unless the Applicant receives the Council’s prior consent in writing.
(e) 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.
(f) That the Applicant shall apply for full planning permission for the entire development on the site no later than 6 months from the date of the approval of the Council of this transaction. If this does not occur the Council, at its absolute discretion, may decide not to pursue this agreement.
(g) That the Applicant will be required to commence the development within 6 months from the date of final grant of planning permission. The entire development on the site must be completed within 18 months.
(h) That if planning permission for a development on the site is either refused (by the Council or An Bord Pleanala), or granted subject to onerous conditions, then either party can decide to abandon the transaction without penalty or compensation due to the other party. The Council also reserves the right to terminate the agreement if the Applicant chooses to appeal a Planning Authority decision.
(i) That the Council reserves the right, exercised reasonably and on the issue by the Council of a letter of notice at least 2 weeks prior to the event, to re-enter on the site, or any part of same and resume possession thereof including any buildings or structures thereon, should the development or phases thereof not be completed within the period specified above or, in the unlikely event of the bankruptcy of the Applicant, save in the case of a Financial Institution which has entered into a mortgage with the Applicant for the purposes of financing the development of the site.
(j) That the Applicant shall undertake not to use the site for any development purposes other than that of carrying out the development for which planning permission is obtained.
(k) That as part of this agreement the Applicant shall, at the dates they fall due under the relevant planning permission for the purpose of commencing construction of the Development, pay any Council financial contribution including any special contributions (if any) applicable to the development, required as a condition of the grant of planning permission for the site.
(l) That all site investigations (including archaeological investigations), groundworks, services connections, planning fees, development and associated professional costs incurred in the delivery of the completed development on the site shall be paid by the Applicant.
(m) That the Council shall retain wayleaves to any existing services traversing or adjacent to the site and in particular over the area shown hatched in black on Drawing No.LA/47/14.
(n) That during the building period and pending the grant of lease(s), the Applicant will insure the buildings against fire and all other insurable risks with an approved insurance company and pay all necessary premiums.
That the insurance shall be in the joint names of the Applicant and the Council and will be for such an amount as will provide cover for full reinstatement value of so much of the buildings as are erected at any time together with a sum for professional fees and removal of debris charges.
(o) That the Applicant 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 Applicant’s use and occupation of the site and the common areas.
(p) That the Applicant shall satisfy the Council that sufficient funds are available for the payment of the capital premium and the undertaking and completion of the proposed development on the site. This information is required no later than 30th September 2014.
(q) That subject to the relevant legislation and statutory regulations, the Applicant shall pay any VAT, stamp duty or other taxes arising at any stage in this transaction, including (if applicable) on the creation of an Agreement to Lease or grant of a lease.
(r) That each party shall be responsible for their own fees in this case.
5. That the Law Agent shall draft the agreements, contracts and leases and may include further terms and conditions as he deems appropriate, including arbitration clauses, in order to protect the Council’s interest in this case.
7. That the disposal is subject to the necessary approvals and consents being obtained.
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 Lands pursuant to the Local Government (Dublin) Act, 1993.
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Chief Executive