MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013(c)(d)If the Lessee is required to obtain the Lessor's consent to or approval ofanything under this Sub-Lease, it must, at its cost, also obtain the Head-Lessor's consent or approval.If the Head-lessor does not consent to something, the lessor may alsorefuse its consent.Aboriginal Heritage Land ActThe Lake Monger precinct is subject to Section 18 of the Aboriginal Heritage Act. Approval forthe original application was approved in 2005. Whilst the developed area has not changed,elements within it have varied. The School and the Speech and Hearing Centre will need to besatisfied that the proposal is consistent within the Aboriginal Heritage approval.FINANCIAL IMPLICATIONS:In 2006, the Town of Cambridge negotiated a parking licence with the school that determinedthe rate to be calculated at $30 per bay per month. This was pro-rated to the time that theschool is operational (40 weeks). The lease was subject to a 50% discount as the School is notfor profit.Since 2006, the license has been subject to indexation and the total amount payable perannum in 2012 for the 14 bays is $2,234.98.For the past few years, the Town has rented bays to the Australian Institute of Management for$4 per bay per day.If Council is of the mind to continue to the car park license with the School rather than compelthe school to construct the car bays, then the Town could enter into a commercial agreement.The cost to the School per annum, including a 50% not for profit discount, for the licence for 14bays would be $5,600. ($4.00 per bay, 5 days per week, 40 weeks per year).It is considered that a new agreement should be based on the above and include a 50% "notfor profit" discount in the first year (ie $5,600) and remove the discount in 2014 resulting in therent being increased to $11,200 plus CPI indexation.STRATEGIC DIRECTION:By providing assistance to the School to realise their building plans, including car parking, andby providing short term financial assistance, the Town is providing a service which meet theneeds of our ratepayers, residents and visitors by:Developing partnerships with other service providers, aiming to improve delivery and quality ofservices.COMMUNITY CONSULTATION:This matter has been assessed under the Community Consultation Policy as "Inform". TheCommittee/Council meeting schedule and amendments will be advertised locally in accordancewith the provisions of Regulation 12 of the Local Government (Administration) Regulations1996.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\C CR.DOCX 161
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013ATTACHMENTS:1. 2004 Master Plan approved by WAPC2. 2009 Approved Plans.3. 2012 Submitted Plans4. Correspondence 6 November 2012 from Bold Park Community School - Mark Nolan, Co-Principal5. Correspondence not dated 2012 from Bold Park Community School - Simon Wetherley,ChairmanCommittee Meeting 18 February 2013During discussion, Members agreed that the Bold Park School be requested to construct theremaining 14 car bays by 30 June 2013 and that any further extension to the licence for theBold Park School to lease at least 14 car parking bays in the Lake Monger carpark beyond 30June 2013 not be approved. The Administration was requested to further discuss this matterwith the school prior to the next meeting of Council to be held on Tuesday 26 February 2012.COMMITTEE AND ADMINISTRATION RECOMMENDATION:That:-(i)(ii)(iii)(iv)(v)the Town reiterate that the Bold Park Community School construct the remaining 14 carbays by 31 December 2013 and that the temporary building not be approved and beremoved from site, or relocated to a site approved by the Council by 30 June 2013;if the Bold Park Community School do not comply with this direction, that notice of abreach of lease be issued and remedies be sought under the lease agreement;the school be requested to provide an accurate estimate of the number of bays it utilisesin the Lake Monger car park;the Town grant a licence to the Bold Park Community School to lease at least 14 carparking bays in the Lake Monger carpark for a period of 12 months at $2/bay for 200days per year from January to December 2013 or such lesser period as required;the school be advised that any further extension to the licence beyond 2013 may not beapproved, and in the event an approval is granted, the charge will be at the normalcommercial rate, currently $4/bay per day subject to indexation.FURTHER REPORT (Post Committee Meeting 18 February 2013)The Town met with the Bold Park Community School on 21 February 2013. The schooladvised that they are obtaining quotes for the construction of a car park and are investigatingfinancing options. They have requested that the Town undertake a parking assessment basedon their most current 2012 plans and will use this to determine the number of bays required atthe school. They reported that a proposal regarding the design and type of parking area to beconstructed will be submitted to Council as soon as possible.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\C CR.DOCX 162
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MEETING OF COUNCIL - Town of Cambridge

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