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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Marina Services Unit, Harbour Reach, St. Helier - proposed sub-sub-lease

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (21.08.07) to approve the proposed sub-sub-lease in respect of the Marina Services Unit, Harbour Reach, St. Helier.

Subject:

Proposed Sub-Sub-Lease : Marina Services Unit, Harbour Reach, St Helier

Decision Reference:

MD-PH-2007-0073

Exempt clause(s):

None

Type of Report: (oral or written)

Written

Person Giving Report (if oral):

N/A

Telephone or

e-mail Meeting?

N/A

Report

File ref:

44/2022/1

Written Report –

Title

Proposed Sub-Sub-Lease : Marina Services Unit, Harbour Reach, St Helier

Written report - author

Neil Sproston

Decision(s):

1. The Minister approved, as recommended by Property Holdings, the taking of a lease by the Public from Spinnaker Developments Limited in respect of the Marina Services Unit on the principal terms identified in the attached report.

2. Under Standing Order 168 (1) (a) and 168 (3) the Minister hereby notified the States that he had accepted the recommendation of Property Holdings to agree to the above land transaction.

3. Under Standing Order 168 (5) the Minister hereby authorised the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public.

After the expiry of 15 working days following presentation to the States the transaction may be concluded.

Reason(s) for decision:

Under Standing Order 168 (1) (a) and 168 (3) the Minister is required to notify the States of his acceptance of recommendations to dispose, acquire, let or rent land on behalf of the Public of Jersey.

Action required:

1. In accordance with Standing Order 168 (3) this decision must be presented to the States at least 15 working days before the contract is passed. After the expiry of 15 working days following presentation to the States the transaction may be concluded.

2. The Director of Property Holdings is to instruct the Attorney General and the Greffier to pass the necessary contract, and to copy this decision to the Minister, Treasurer and Assistant Treasurer.

Signature:

(Assistant Minister)[1]

Deputy J A N Le Fondré

Date of Decision:

MD-PH-2007-0073

21/08/07

 

 

 

 

 

Marina Services Unit, Harbour Reach, St. Helier - proposed sub-sub-lease

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Proposed Sub-Sub-Lease : Marina Services Unit, Harbour Reach, St Helier

NS/44/2022/1

Purpose

To ask the Minister to approve the taking of a sub-sub-lease in connection with the recently completed Marina Services Unit at the Harbour Reach development, St Helier Waterfront.

Background

By way of an agreement between the Waterfront Enterprise Board and Spinnaker Developments Limited relating to the development known as Harbour Reach, a Marina Services Unit has been procured, at nil capital cost to the Public, for use by patrons of Jersey Harbours’ marina facilities.

The marina services unit, forming the ground floor of the main residential/commercial development, will satisfy a long standing objective for the Harbours Department in terms of providing facilities for its primary customers within the port area. Totalling 1,335 sq. ft., the unit includes ladies and gents’ w.c.’s (including disabled facilities), stores, washroom and laundry facilities, showers and refuse disposal.

Practical completion of the unit was achieved in April, 2007, following a joint inspection by the Waterfront Enterprise Board and the Harbours’ Department’s monitoring surveyor.

Proposal

It is proposed that the future use of the Marina Services Unit be secured by the taking of 146 year sub-sub lease from the date of passing of contract. The Public’s obligation in terms of rental payments will be met in a single one-off payment upon completion of the lease through the Royal Court in the sum of £150.

Under the terms of the proposed lease, the Public will be responsible for usual outgoings such as rates and utility costs, as well as the maintenance, repair and decorative condition of the premises. The lessor will be responsible for the exterior and structure of the building.

The lease will provide some flexibility for the Public as lessee in the longer term; having the opportunity to sub-let or assign its interest in the lease subject to usual Landlord’s requirements

Should the need for marina services change in due course the Public will have the ability to change the use to which the premises are put, subject to this not causing conflict in use with the main building.

As part of its shared responsibility under the lease, the Public will pay 2.44% of the expenditure incurred in respect of the common parts of the entire building.

Recommendation

It is recommended the Minister approves the taking of the lease by the Public from Spinnaker Developments Limited in respect of the Marina Services Unit on the principal terms identified in the report above.

Written By: Neil Sproston

Signature …………………………

Authorised By: (Paul Tucker/Assistant Director PH)

Signature ………………………… Date 17 August 2007

 

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