Agenda item

Surrender and re-grant of lease of Abbeydale Industrial Hamlet

Decision:

6.1

The committee considered a report of the Executive Director Operational Services seeking the approval of the Charity Trustee Sub Committee acting as Charity Trustee of Abbeydale Industrial Hamlet, and the wider site of which it forms part, (“the Charity”) to the surrender of the remaining term of the current lease and the grant of a new lease to the current tenant of the Property (as defined at paragraph 1.2 of this report and referred to in the plan attached hereto) on the terms set out in the Appendices to this report after consideration of the contents of the Qualified Surveyor’s Report and satisfying itself that the proposed terms are the best that can be reasonably obtained by the Charity in the circumstances.

6.2

RESOLVED UNANIMOUSLY: That the Charity Trustees Sub-Committee:-

1.    On consideration of the commercial terms and the Qualified Surveyor’s Report (set out in attached Appendices), confirm that it is satisfied that the proposed terms are the best that can be reasonably obtained by the Charity in the circumstances.

2.    Approve the publishing of the relevant Charity Act notices and note that a further paper will be brought back to the Charity Trustee Sub-Committee in the event of any objections to the disposal being received.

3.    Subject to the outcome of recommendation 2, approve the surrender of the remaining term of the current lease and the grant of a new lease to the current Tenant on the terms set out in this report

 

 

6.3

Reasons for Decision

 

The proposal to surrender the current lease and grant a new lease of this property would enable the SMT to pursue funding to facilitate improvement work to improve the overall ‘offer’ to visitors. This would:

 

       help to secure the future and assists in maintaining this valuable asset for use by the community facility into the medium term

       enhance Sheffield as a tourist destination

       enable the demised property to be occupied for the purposes of the charitable objects of the Charity

       comply with the statutory provisions contained within the Act and further with the requirements of the Charity Commission.

 

 

6.4

Alternatives Considered and Rejected

 

It was considered that there were no realistic alternative options at this time. The Sub-Committee could decide not to agree to the surrender of the current lease and the granting of a new longer lease but the Property would then miss out on the investment currently on offer.

 

 

 

Minutes:

6.1.1

The committee considered a report of the Executive Director Operational Services seeking the approval of the Charity Trustee Sub Committee acting as Charity Trustee of Abbeydale Industrial Hamlet, and the wider site of which it forms part, (“the Charity”) to the surrender of the remaining term of the current lease and the grant of a new lease to the current tenant of the Property (as defined at paragraph 1.2 of this report and referred to in the plan attached hereto) on the terms set out in the Appendices to this report after consideration of the contents of the Qualified Surveyor’s Report and satisfying itself that the proposed terms are the best that can be reasonably obtained by the Charity in the circumstances.

6.1.2

A member asked for clarification on the name of the lease holder and Assistant Director for Legal Services advised that this was believed to be correct but that they would confirm this after the meeting. 

6.1.3

Members queried whether the correct insurance provisions were in place and officers reassured the committee that this would be a part of the terms of the lease agreement. 

6.2

RESOLVED UNANIMOUSLY: That the Charity Trustee Sub-Committee:-

1.    On consideration of the commercial terms and the Qualified Surveyor’s Report (set out in attached Appendices), confirm that it is satisfied that the proposed terms are the best that can be reasonably obtained by the Charity in the circumstances.

2.    Approve the publishing of the relevant Charity Act notices and note that a further paper will be brought back to the Charity Trustee Sub-Committee in the event of any objections to the disposal being received.

3.    Subject to the outcome of recommendation 2, approve the surrender of the remaining term of the current lease and the grant of a new lease to the current Tenant on the terms set out in this report

 

 

6.3

Reasons for Decision

 

The proposal to surrender the current lease and grant a new lease of this property would enable the SMT to pursue funding to facilitate improvement work to improve the overall ‘offer’ to visitors. This would:

 

       help to secure the future and assists in maintaining this valuable asset for use by the community facility into the medium term

       enhance Sheffield as a tourist destination

       enable the demised property to be occupied for the purposes of the charitable objects of the Charity

       comply with the statutory provisions contained within the Act and further with the requirements of the Charity Commission.

 

 

6.4

Alternatives Considered and Rejected

 

It was considered that there were no realistic alternative options at this time. The Sub-Committee could decide not to agree to the surrender of the current lease and the granting of a new longer lease but the Property would then miss out on the investment currently on offer.

 

 

 

Supporting documents: