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A decision made (27th June 2008) regarding Les Arbes d'Or, La Route du Petit Port, St. Brelade -the installation of water main in Railway Walk

Decision Reference: MD-PH-2008-0044
Decision Summary Title :	Les Arbres d’Or, La Route du Petit Port, St Brelade – Installation of water main in Railway Walk		Date of Decision Summary:	02/05/08
Decision Summary Author:	Amy Vibert – Building Surveyor		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Les Arbres d’Or, La Route du Petit Port, St Brelade – Installation of water main in Railway Walk		Date of Written Report:	02/05/08
Written Report Author:	Amy Vibert – Building Surveyor		Written Report : Public or Exempt?	Public
Subject: 425 - Les Arbres d’Or, La Route du Petit Port, St Brelade – Installation of water main in Railway Walk
Decision(s): 1. The Minister approved, as recommended by Property Holdings, for the Public 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. 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. For the avoidance of doubt, the fee sought in connection with the granting of rights is commensurate to the benefit of that right to the grantee in any given circumstance.
Reason(s) for Decision: 1. Under Standing Order 168 (1) (b) 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: Other than those detailed in the report there are no further financial or manpower Implications.
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:		Position: Deputy J A N Le Fondré Assistant Minister*
Date Signed:		Date of Decision: 27/06/08 MD-PH-2008-0044

Les Arbres d’Or, La Route du Petit Port, St Brelade – Installation of water main in Railway Walk

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