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Resolution number HW/2016/252
MOVED
by Member RD Wichman, seconded by Member K Bungard:
That the Howick
Local Board:
a) Recommend the Parks,
Recreation and Sport Committee classify the following three parcels of land
occupied by the Uxbridge Creative Centre as local purpose (community
buildings) reserve pursuant to Section 16 (2A)(a) of the Reserves Act in
line with the processes prescribed by the Reserves Act 1977:
i) Part Lot 3 DP 47633
contained in NA7A/65
ii) Part Lot 4 DP 47633
contained in NA1946/76
iii) Part Lot 1 DP 8807
contained in NA1678/48
b) Grant an agreement to
lease under Section 40 of the Reserves Act 1977 for the building and the land
outlined in red in Attachment A, at 31-37 Uxbridge Road, Howick to The
Uxbridge Community Projects Incorporated subject to one month public notification,
and with no objection on the following terms and conditions:
i) Term – one year
commencing from the date of practical completion.
ii) Upon classification of the
three parcels of land referred to in a) above, the Lease referred to at c)
below takes effect.
iii) Auckland Council has the
right to terminate in its sole discretion the agreement to lease upon giving
The Uxbridge Community Projects Incorporated 30 days written notice.
iv) Ability for Uxbridge
Community projects Incorporated to enter into an agreement to Sublease on the
terms and conditions specified in d) below.
c) Grant a lease, under
Section 61(2A) of The Reserves Act 1977 and Local Government Act 2002 to The
Uxbridge Community Projects Incorporated for the building and the land
outlined in red in Attachment A, at 31-37 Uxbridge Road, Howick, subject to
one month public notification and with no objection on the following terms
and conditions:
i) Term – five years,
commencing from the date of classification of the land, with one right of renewal
for a term of five years.
ii) Rent - $1.00 plus GST per
annum, if demanded.
iii) Maintenance fee -
$1000.00.
iv) A Community Outcomes Plan to
be negotiated with The Uxbridge Community Projects Incorporated and approved
by the Howick Local Board community leasing portfolio holder and attached to
the lease document.
v) Lease allows for a sublease
for the operation of a commercial café/bistro on the terms and conditions
out-lined in d) below.
vi) All other terms and
conditions in accordance with the Reserves Act 1977 and the Auckland Council
Community Occupancy Guidelines 2012.
d) Grant approval for The
Uxbridge Community Projects Incorporated to enter into an agreement to
sublease for the café/bistro space in the centre subject to the following terms
and conditions:
i) For a term of one (1)
year commencing from the date of practical completion.
ii) Upon classification of the
three parcels of land the sublease referred to at e) below takes effect.
iii) Auckland Council has the
right to terminate in its sole discretion the agreement to lease upon giving
Uxbridge Community Projects Incorporated 30 day’s written notice.
iv) Conditions set out in e
iii) to v) below.
e) Grant approval for The
Uxbridge Community Projects Incorporated to enter in a sublease under Section
61(2A) of the Reserves Act 1977 for a café area outlined in red in Attachment
B, at 31-37 Uxbridge Road, Howick to an operator to be approved by Council,
subject to one month’s public notification with no objection on the following
terms and conditions:
i) The
sublease shall be for a term not exceeding the term of the head lease less
one day, with or without a right of renewal.
ii) Auckland
Council in its sole discretion reserves the right to terminate the sublease
on six month’s notice.
iii) The café remains an
ancillary activity to the purpose of the reserve.
iv) Compliance
with the opening hours and any other constraints imposed in the resource
consent for the Centre.
v) The
rental income from the café is to contribute to the running of The Uxbridge
Creative Centre;
· with the
ability of Auckland Council to review the annual accounts in to establish the
benefit received by The Uxbridge Community Projects Incorporated.
· and that
the next year these figures may be used by council to assess whether the
annual operational funding grant that is paid by the Auckland Council to The
Uxbridge Community Projects Incorporated to operate the centre can be
reduced.
· the rent
for the café space will be reviewed after 12 months operation and consideration
given to the option of charging a rent based on percentage of profit
generated by the operator in reviewing the amount of rent charged.
f) Nominates the Chair David
Collings, Members Adele White, Lucy Schwaner, John Spiller and Jim Donald to
consider any submissions or objections received following the public
notification process and make a decision.
CARRIED
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