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Resolution number HM/2018/29
MOVED
by Member V Neeson, seconded by Member B Brady:
That the Henderson-Massey
Local Board :
a) classify
Part Lot 3 DP 92358 as a recreation reserve pursuant to Section 16 (2A) of
the Reserves Act 1977 (Attachment A).
b) grant
an agreement to lease to RDA on the terms set out in (c) below and grant a
non-exclusive licence to occupy to RDA on the terms set out in (d) below,
both of which are to be conditional on RDA satisfying the following
conditions:
i) RDA
securing all necessary funding and intent from suppliers for the proposed new
indoor riding facility;
ii) RDA
obtaining all regulatory consents for the proposed new indoor riding
facility;
iii) RDA
obtaining landowner approval for its proposed new indoor riding
facility;
iv) HVPC
agreeing to surrender its current lease at Henderson Valley Park to enable the
surrendered area to be leased to RDA by 31 January 2020 or HVPC’s
current lease at Henderson Valley Park expiring 31 January 2020;
v) The
conditions are to be satisfied by dates to be determined by Council as
reasonable and in any event no later than 28 February 2023. Such
agreement to lease, deed of lease and non-exclusive licence to occupy
to be on the forms prepared by Auckland Council and compliant with all other
terms and conditions of the Reserves Act 1977 and the Auckland Council Community
Occupancy Guidelines 2012.
c) grant
a new community lease to RDA for part of Henderson Valley Park, 201A
Henderson Valley Road, Henderson (Attachment B) on the following terms and
conditions:-
i) term
– 10 years with one right of renewal for a period of 10 years
commencing on the date of practical completion and issue of code compliance
certificate for the proposed new riding facility;
ii) rent
- $1.00 plus GST per annum if requested;
iii) the
approved RDA Community Outcomes Plan to be attached to the lease document
(Attachment C).
d) grant
a new non-exclusive licence to occupy to RDA for part Lot 5 DP 8632 and Part
Lot 3 DP 92358 (Attachment D), Henderson Valley Park, Henderson on the
following terms and conditions:-
i) term
– 10 years with one right of renewal for a period of 10 years
commencing on the date of practical completion and issue of code compliance
certificate for its proposed new facility;
ii) licence
fee - $1.00 plus GST per annum, if requested.
e) agree
that if HVPC remains holding over its leased premises at Henderson Valley
Park under its current lease beyond 31 January 2020 then officers are
authorised to give notice to terminate that holding over at a time necessary
to implement the above lease and licence to RDA.
f) thank
Henderson Valley Pony Club Incorporated (HVPC), West Auckland Riding For The
Disabled Association (RDA), Linda Smith, Nick Harris and Michelle Knudsen for
their work.
CARRIED
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