GSM Site, La Rue des Pres, St. Saviour

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[THIS DECISION RESCINDS MD-PH-2008-0012] A decision made 9 July 2010 regarding: GSM Site, La Rue des Pres, St. Saviour - lease.

Decision Reference: MD-PH-2010-0060
Decision Summary Title:	GSM Site, La Rue des Pres, St Saviour – Rescindment of MD-PH-2008-0012 and the creation of a new lease to Jersey Telecom Limited		Date of Decision Summary:	28 June 2010
Decision Summary Author:	Asset Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	GSM Site, La Rue des Pres, St Saviour – Rescindment of MD-PH-2008-0012 and the creation of a new lease to Jersey Telecom Limited		Date of Written Report:	28 June 2010
Written Report Author:	Asset Manager		Written Report : Public or Exempt?	Public
Subject 1395/1: – Rescindment of MD-PH-2008-0012 and the creation of a new lease to Jersey Telecom Limited (RF 1395)
Decision(s): 1. The Minister approved, as recommended by Jersey Property Holdings, the rescindment of MD-PH-2008-0012 (to correct two minor typographical errors) and the subsequent creation of a new 21 year lease to Jersey Telecom Limited in respect of the La Rue des Pres GSM Site at an annual rental of £4,000 per annum.
Reason(s) for Decision: 1. 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. 2. 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.
Resource Implications: There are no financial or manpower implications in respect of this decision, other than those detailed within the attached report.
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 Deputy Treasurer.
Signature: Deputy J A N Le Fondré		Position: (Assistant Minister)* MD-PH-2010-0060
Date Signed: 9/7/10		Date of Decision:

GSM Site, La Rue des Pres, St. Saviour - lease

TREASURY AND RESOURCES DEPARTMENT

JERSEY PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

GSM Site, La Rue des Pres, St Saviour – Rescindment of MD-PH-2008-0012 and the creation of a new lease to Jersey Telecom Limited

MD-PH-2008-0012 referred to the agreement of terms between the Public and Jersey Telecoms Ltd in respect of a proposed 21 year lease for a GSM site at Rue des Pres, St Saviour. Unfortunately, the original report had two errors in it, referring to the site being in St Helier, and substituting Jersey Telecom Ltd with the Jersey Electricity Company.

In order to allow the lease to be finalised, it is necessary to rescind the original decision and replace it with a correctly worded version.

Terms and conditions have been agreed between Jersey Telecom Limited and the Public of the Island in relation to a new (ground) lease of an area of land for the purpose of erecting a GSM site on La Rue Sinnatt, La Rue des Pres in the Parish of St Saviour (totalling 100 sq ft) for a term of 21 years commencing 01st January 2006.

The GSM site shall comprise 3 antenna and 1 equipment cabinet or such other installations as may be approved by the Planning and Environment Department and Property Holdings from time to time.

The commencing rental (as at the commencement of the lease in January 2006) has been agreed at £4,000 per annum which sum reflects the Market Rental Value of the site. The annual rental will be reviewed every three years in line with the Market Rental Value of comparable sites.

Jersey Telecom Limited will ensure that all equipment installed upon the demised premises complies with ICNIRP guidelines. If at any time it is found that the equipment installed upon the demised premises does not comply with ICNIRP guidelines then the equipment will be switched off until Jersey Telecom Limited can prove that all equipment so complies.

Jersey Telecom Limited will insure the let area and all equipment constructed thereon (to include Public Liability Indemnity cover) to a minimum of £5,000,000.

Jersey Telecom Limited will meet the reasonable legal fees of the Public in relation to this transaction and also the Public’s professional fees in the sum of £500.00.

Written by: Asset Manager

Signature …………………………………………….

Authorised by: Director/Assistant Director of Jersey Property Holdings

Signature …………………………………………….. 28 June 2010