13.1
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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.
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13.2
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RESOLVED: That
Cabinet, acting as Charity Trustee of Graves
Park:-
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(a)
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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;
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(b)
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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
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(c)
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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.
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13.3
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Reasons for Decision
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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.
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13.4
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Alternatives Considered and Rejected
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13.4.1
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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.
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13.4.2
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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.
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13.5
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Any Interest Declared or Dispensation
Granted
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None
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13.6
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Reason for Exemption if Public/Press Excluded During
Consideration
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None
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13.7
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Respective Director Responsible for
Implementation
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Laraine Manley, Executive Director, Place
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13.8
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Relevant Scrutiny and Policy Development Committee
If Decision Called In
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Economic and Environmental Wellbeing
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