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Council Resolved CNCL/2024/00007
Officer recommendations accepted without
change
That the
Council:
1. Approve a departure from the Disposal of
Council Property Policy 2000 for the Yaldhurst Memorial Hall noting that:
a. This policy primarily states that the
Council shall publicly
tender properties for sale unless there is a clear reason for doing
otherwise. This report and resolutions propose a unilateral dealing which is
inconsistent and therefore a departure from the policy; and
b. The reason for the inconsistency with the
Policy requiring the departure is because there are currently no other
proposals or effective options, mainly because of the heritage and earthquake
prone building status.
c. The Council has no intention of changing
the Disposal of Council Property Policy 2000 to accommodate this decision.
2. Approve that Council Officers can deal
unilaterally with the Yaldhurst Rural Residents Association (YRRA) in respect
of the Yaldhurst Memorial Hall at 254 Pound Road.
3. Gift the Yaldhurst Memorial Hall at 524
Pound Road to the YRRA for the sum of $1, the gift being conditional on:
a. The Council undertaking a special
consultative procedure via the 2024-2034 Long Term Plan consultation;
b. The Council confirming the decision on
the gifting the Yaldhurst Memorial Hall at 524 Pound Road to the YRRA upon
adopting the 2024-2034 Long Term Plan.
c. Upon satisfaction of the above
conditions, that there is a requirement on the transfer of the building that:
i. it be strengthened and repaired to a
minimum of 34% NBS (so it can be removed from the national earthquake prone
register of buildings), and
ii. it be code compliant standard, ready for
occupation (the scope and standard of works to be determined and approved
with, and at, Council’s discretion) within 5 years from the date of
transferring ownership from the Council to the YRRA.
d. The repair and subsequent operation and
maintenance of the building being at no cost to the Council (including the
cost of securing any necessary consents);
e. The Council having a first right of
refusal option to take the building back if the YRRA fail to perform the
condition (3)(c) above.
4. To give effect to the transfer of the
building, agree to lease the land at 524 Pound Road to the YRRA at a
peppercorn rent (for a term of years to terminate if and when the YRRA return
the building to Council ownership, or the building no longer exists).
5. Authorise the Manager Property
Consultancy to negotiate and conclude all of the agreements necessary to
facilitate the above resolutions on terms and conditions acceptable to him,
and in doing so make any decisions necessary to give effect to resolutions 1
to 4 above.
Councillor Peters/Councillor Henstock Carried
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