TREASURY AND RESOURCES DEPARTMENT
PROPERTY HOLDINGS
Property Transaction for Ministerial Decision - Minister for Treasury and Resources
Les Arbres d’Or, La Route du Petit Port, St Brelade – Installation of water main in Railway Walk
AV 425
Terms and conditions have been agreed between the Public and Mr Gary Arthur Parrott and Mrs Susan Ann Parrott née Dean to sell, cede and transfer perpetual rights for the installation of a water pipe under the Railway Walk, subject to the following:
Parties To The Agreement - The Public of the Island as owner of the Railway Walk, shall sell, cede and transfer perpetual rights to Mr Gary and Mrs Sue Parrott (the Owner) of the property “Les Arbres d’or” (the Property).
Permitted Installation - The Public shall sell, cede and transfer to the Owner, the right to install a water pipe (the Installation) within the Railway Walk to connect the property to the mains installation within La Route de Petit Port.
- Any alterations or additions to the Installation shall require the written approval of the Public, such consent to be provided at its absolute discretion.
Consideration - In consideration of the rights sold, ceded and transferred, the Owner shall pay to the Public i) the sum of £2,500.00 and ii) the administrative costs incurred by the Law Officers’ Department and iii) the surveyor’s fees incurred in dealing with the matter; together with any Goods and Services Tax which might be due thereon.
Maintenance and Repair - The Owner (and his successors in title) as owners of the Installation will be responsible for its future maintenance and repair. In addition the Owner undertakes to make good at his own cost any part of the Public’s land disturbed by the installation works, to the satisfaction of the Public.
Insurance/Indemnity - The Owner shall indemnify the Public against any claims, injuries, costs, or actions arising from the Installation or any damages arising directly from the Installation works, including any future repair and maintenance and will obtain Public Liability Insurance for a sum of not less than £2,000,000 in respect of any one occurrence. The Owner will provide the Public with copies of the relevant policies upon request.
Access Rights - The Owner shall have right of access over the necessary land belonging to the Public in order to place, repair, maintain and replace the Installation upon agreed terms and conditions after having provided two weeks written notice (save in the case of emergency), causing the least possible disruption and re-instating all effected areas to the satisfaction of the Public.
Permissions - The Owner shall obtain all necessary consents and permissions in connection with the Installation.
Notice of Works - The Owner shall provide the Public at least 10 working days notice of his intention to undertake the Installation works or any future repair and maintenance. The Owner shall also provide the Public with a Method Statement for any works to be undertaken.
Retained Rights - In the event it is necessary for the Public to utilise, in any way, the land upon which the Installation is located the Owner, at no cost to the Public and upon the provision of at least 3 months’ written notice, shall relocate the Installation to an alternative route over Public land which shall be approved by the Public. In such circumstances no additional fee shall be charged by the Public.
Recommendation
It is recommended that the agree to sell, cede and transfer perpetual rights for the installation of a water pipe under the Railway Walk to Mr Gary Arthur Parrott and Mrs Susan Ann Parrott née Dean.
Written By: Amy Vibert
Signature …………………………
Authorised By: David Flowers
Signature ………………………… 2 June 2008
Livelink ® Version 9.2.0, Copyright © 1995-2003 Open Text Inc. All rights reserved. |
| | |