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Issue - decisions

Lease Renewal on Forge Dam Café Fulwood

18/02/2021 - Lease Renewal on Forge Dam Café Fulwood

15.1

The Interim Executive Director, Place submitted a report seeking approval of Cabinet, acting as the Charity Trustee in connection with land and property at Forge Dam Park that is held as a charitable trust (“the Charity”), to the following:

 

1. to declare Forge Dam Cafe (“the Property”) surplus to the requirements of the Charity; and

 

2.to grant a new lease of the Property to the current tenant Nicholas Dunn for a period of 25 years on the terms set out in 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 in the circumstances.

 

 

15.2

RESOLVED: That Cabinet acting as the Charity Trustee in connection with land and property at Forge Dam Park that is held as a charitable trust:-

 

(a) approves the lease of the subject property to Nicholas Dunn based on the terms set out in Appendix 1 of this report;

 

(b) agrees that the Trustees are satisfied that the proposed terms are the best that can be reasonably obtained in the circumstances based upon consideration of the commercial details in Appendix 1 and the Qualified Surveyor’s Report in Appendix 2;

 

(c) approves the grant of a charge over the legal title of the Trust in relation to grant funding, as set out in the report; and

 

(d) authorises the Chief Property Officer in consultation with the Director of Legal and Governance to negotiate the terms of the lease with the proposed lessee and the Director of Legal and Governance to prepare and complete all the necessary legal documentation in accordance with the agreed terms and in respect of a charge over title.

 

 

15.3

Reasons for Decision

 

 

15.3.1

The proposal to grant a new lease to Nicholas Dunn will achieve:

 

     Continued provision of a café and associated facilities within the park

     Removal of liability for the cost of internal maintenance and property insurance from the Charity.

     Increased rental income which will be retained by the Charity and used for the purposes of the objects of the Charity, as set out at paragraph 2.1 above.

     Contribution to costs of operating public WCs on site

     Contribute to enhancement of the quality and attractiveness of the park as a valuable asset for visitors

     occupation for the purposes of the charitable objects of the Trust

     compliance 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.

 

 

15.4

Alternatives Considered and Rejected

 

 

15.4.1

It is considered that renewing the café lease is the best option available to the Charity.

 

 

15.5

Any Interest Declared or Dispensation Granted

 

 

 

None

 

 

15.6

Reason for Exemption if Public/Press Excluded During Consideration

 

 

 

Aappendices 1 and 2 of the report are not for publication by virtue of Regulation 20(2) Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 because, in the opinion of the proper officer, it contains exempt information under Paragraph 3 of Schedule 12A of the Local Government Act 1972 (as amended) and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

 

15.7

Respective Director Responsible for Implementation

 

 

 

Mick Crofts, Interim Executive Director, Place

 

 

15.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

 

 

 

Economic and Environmental Wellbeing Scrutiny and Policy Development Committee