Skip to content

Agenda item

Lease Renewal - Rose Garden Cafe, Graves Park*

Report of the Executive Director, Place.

 

 

*(NOTE: Appendices 1 & 2 to the report at item 12 in the agenda are not available to the public and press because they contain exempt information described in paragraph 3 of Schedule 12A to the Local Government Act 1972, as amended.)

 

 

 

Decision:

13.1

The Executive Director, Place, submitted a report to seek approval of Cabinet, acting as Charity Trustee of Graves Park (Registered Charity Number 510841) (“the Charity”), to grant a lease of the Rose Garden Café Property to the current tenant for a further period of 2 years to ensure continued provision of a café facility at Graves Park for the benefit of Park users.

 

 

13.2

RESOLVED: That Cabinet, acting as Charity Trustee of Graves Park:-

 

 

 

(a)

approves the short-term leaseof the subject property (Rose Garden Café, Graves Park) to the current tenant,based on the terms set out in Appendix 1 of the report now submitted;

 

 

 

 

(b)

on consideration of the Commercial Details in Appendix 1 and the Qualified Surveyor’s Report in Appendix 2, agrees that the Trustees are satisfied that the proposed terms are the best that can be reasonably obtainedin the circumstances; and

 

 

 

 

(c)

authorises the Chief Property Officer, in consultation with the Director of Legal and Governance, to negotiate the terms of the lease with the current tenant, and theDirector of Legal and Governance to prepare and complete all the necessary legal documentation in accordance with the agreed terms.

 

 

 

13.3

Reasons for Decision

 

 

 

The proposal to grant a further short-term lease:-

 

  • safeguards the café facility at Graves Park for the benefit of park users
  • secures an increased income stream for the Trust which can be reinvested in the Park
  • enables SCC and the Trustees to explore alternatives for this through the  Better Parks programme.
  • enhances the attractiveness of the Park as a valuable asset for visitors
  • enables the demised property to be occupied for the purposes of the charitable objects of the Charity
  • complies with the provisos contained within the power granted to the Trustee by the Scheme and with the statutory provisions contained within the Act and, further, with the requirements of the Charity Commission.

 

 

13.4

Alternatives Considered and Rejected

 

 

13.4.1

The Council may, in due course, offer alternative options for this property, but at present it is considered that renewing the café lease is the only realistic short term option available to ensure provision of this facility within the Park.

 

 

13.4.2

The reason for this is that if the current tenant was required to leave and a new tenant sought, by the time a new suitable tenant were found and terms agreed (which could not be guaranteed), the best part of the two year term would have elapsed, depriving the Park of a valuable facility and the Trust of income.

 

 

13.5

Any Interest Declared or Dispensation Granted

 

 

None

 

 

13.6

Reason for Exemption if Public/Press Excluded During Consideration

 

 

None

 

 

13.7

Respective Director Responsible for Implementation

 

 

Laraine Manley, Executive Director, Place

 

 

13.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

 

 

Economic and Environmental Wellbeing

 

 

Minutes:

13.1

The Executive Director, Place, submitted a report to seek approval of Cabinet, acting as Charity Trustee of Graves Park (Registered Charity Number 510841) (“the Charity”), to grant a lease of the Rose Garden Café Property to the current tenant for a further period of 2 years to ensure continued provision of a café facility at Graves Park for the benefit of Park users.

 

 

13.2

RESOLVED: That Cabinet, acting as Charity Trustee of Graves Park:-

 

 

 

(a)

approves the short-term lease of the subject property (Rose Garden Café, Graves Park) to the current tenant,based on the terms set out in Appendix 1 of the report now submitted;

 

 

 

 

(b)

on consideration of the Commercial Details in Appendix 1 and the Qualified Surveyor’s Report in Appendix 2, agrees that the Trustees are satisfied that the proposed terms are the best that can be reasonably obtainedin the circumstances; and

 

 

 

 

(c)

authorises the Chief Property Officer, in consultation with the Director of Legal and Governance, to negotiate the terms of the lease with the current tenant, and theDirector of Legal and Governance to prepare and complete all the necessary legal documentation in accordance with the agreed terms.

 

 

 

13.3

Reasons for Decision

 

 

 

The proposal to grant a further short-term lease:-

 

  • safeguards the café facility at Graves Park for the benefit of park users
  • secures an increased income stream for the Trust which can be reinvested in the Park
  • enables SCC and the Trustees to explore alternatives for this through the  Better Parks programme.
  • enhances the attractiveness of the Park as a valuable asset for visitors
  • enables the demised property to be occupied for the purposes of the charitable objects of the Charity
  • complies with the provisos contained within the power granted to the Trustee by the Scheme and with the statutory provisions contained within the Act and, further, with the requirements of the Charity Commission.

 

 

13.4

Alternatives Considered and Rejected

 

 

13.4.1

The Council may, in due course, offer alternative options for this property, but at present it is considered that renewing the café lease is the only realistic short term option available to ensure provision of this facility within the Park.

 

 

13.4.2

The reason for this is that if the current tenant was required to leave and a new tenant sought, by the time a new suitable tenant were found and terms agreed (which could not be guaranteed), the best part of the two year term would have elapsed, depriving the Park of a valuable facility and the Trust of income.

 

 

 

Supporting documents: