Purpose

To seek approval to the grant of a lease to
Cascade Multi Academy Trust. To regularise the current occupation
and secure the future of this Nursery provision.

Content

 

11.1

The Committee
considered a report of the Executive Director of Neighbourhood
Services which asked for consideration of the granting of a lease
of the Nursery at the First Start Centre, Firth
Park.

 

 

11.2

RESOLVED
UNANIMOUSLY: That the Charity Trustee Sub-Committee:
-
Notes the contents of the
report;

(a) 
Agrees that granting a lease to Cascade Multi Academy Trust is in
the best interest of the Firth Park Charity, and therefore approves
the lease proposal based on the terms set out in the closed
Appendices attached to the report;
and

(b) 
Authorises the Head of Property Services and the Head of Legal
Services to complete the legal
documentation.

 

 

 

 

11.3

Reasons for
Decision

 

 

11.3.1

The proposal to grant a lease of this nursery
facility:

·      
Makes a positive contribution that is within the charitable objects
of
The Firth Park
charity.

·      
Enables the demised property to be occupied for one of the
purposes
of the charitable objects of the
Charity.

·      
Complies with the statutory provisions contained within the Act
and
further with the requirements of
the Charity Commission.

·      
Safeguards delivery of good quality services and advances
early
years education to children in the
area local to Firth Park.

·      
Contributes to the running costs of the First Start
Centre.

 

 

 

 

11.4

Alternatives Considered and
Rejected

 

 

11.4.1

Do Nothing (Leave the existing occupational
arrangements in place)
Reasons for rejection: The current occupational
arrangement is based upon a tenancy at will which is an arrangement
designed to be on a temporary basis to allow a tenant to occupy a
property before completion of a lease. A tenancy at will does not
give a tenancy security and can be terminated at any time and is
always intended to be replaced by a lease upon settlement of terms
between the landlord and the tenant. This is not satisfactory to
either party as it does not offer certainty. It is in the best
interest of the Charity to put a commercial lease in place to
secure the provision of a nursery in fulfilment of the
charity’s object of advancing education and a contribution to
the maintenance and running costs of the building into the short to
medium term.