Gazette August 30 2021 – Part A

Aug 30, 2021 | Part A

Resolution No. 13/2021 to approve the lease to The Maria Holder Memorial Trust of the parcel of land situate at

Government Hill, St. Michael 2-4

Resolution No. 14/2021 that Parliament approve the rescission of Resolution No. 10/2019 to The Maria

Holder Memorial Trust of  a parcel of land situate at

Upton, Christ Church 5

Resolution No. 15/2021 to approve the lease to The Maria Holder Memorial Trust of the parcel of land situate at

Upton, Christ Church 6-8

Resolution No. 16/2021 that Parliament approve the rescission of Resolution No. 11/2019 to The Maria

Holder Memorial Trust of the parcel of land situate at Government Hill, St. Michael 9

Resolution No. 13/2021 M.P. 91/13-4 Vol. III PARLIAMENT

RESOLVED that Parliament in accordance with section 5 of the Crown Lands (Vesting and Disposal) Act, Cap. 225 approve the lease to The Maria Holder Memorial Trust of the parcel of land the property of the Crown situate at Government Hill in the parish of Saint Michael in this Island and more particularly described in the First Schedule on the terms and conditions set out in the Second Schedule for the purpose of constructing a nursery school.

APPROVED by the House of Assembly this 10th day of August,Two thousand and twenty-one.

A. HOLDER Speaker.

APPROVED by the Senate this 18th day of August, Two thousand and twenty-one.

R. FARLEY President.

I  assent

JEFFREY D. GIBSON

Acting Governor-General 24th August, 2021.

FIRST  SCHEDULE

ALL THAT land the property of the Crown known as Grand View situate at Government Hill in the parish of Saint Michael in this Island containing by admeasurement 5957.1 square metres (inclusive of an easement of 457.0 square metres (water main)) or thereabouts abutting and bounding on an access road leading to Highway 5 on lands now or formerly of the Barbados Government (Charles F. Broome Memorial Primary School) on an easement (water main) on other lands now or formerly of the Barbados Government (Barbados Water Authority) on other lands now or formerly of the Barbados Government (The Gordon Corbin Studios) and on the public road known as Highway 5 or however else the same may abut and bound as delineated and shown on a plan certified on the 24th day of August, 2018 by Samuel N. Taylor, Land Surveyor and recorded on the 17th day of April, 2019 in the Lands and Surveys Department as Plan No. 469/2019.

SECOND SCHEDULE

TERMS AND CONDITIONS

The lease to The Maria Holder Memorial Trust of the parcel of land, the property of the Crown, known as Grand View, situate at Government Hill in the parish of Saint Michael in this Island and more particularly described in the First Schedule is subject to the following terms and conditions:

  1. the premises are being leased for the purpose of construction of a nursery school;
  2. the lease shall be for a term of 30 years;
  3. the rent shall be a one-time payment of $200.00 plus value added tax, payable in advance;
  4. the lessee shall be responsible for the costs of development of the site;
  5. the lessee shall comply with the requirements of all planning, building, safety and health and related legislation throughout the term;
  6. the lessee shall indemnify the lessor against all actions arising from its use of the premises;
  7. the lessee shall not use, permit or suffer the demised premises or any part thereof to be used for any purpose other than a nursery school except with the permission of the lessor first obtained in writing, such permission not to be unreasonably withheld;
  8. the lessee shall not assign, mortgage, demise, underlet or otherwise part with possession of any part of the demised premises without the prior written consent of the lessor;
  9. the lessee reserves the right to surrender the lease with improvements to the premises at any time by giving 8 months’ notice;
  10. the lease shall terminate on the transfer of the ownership of the nursery school to the Crown;
  11. the lessee shall, at the expiration or sooner determination of the lease, quietly yield up the premises for nil consideration; and
  12. The Maria Holder Memorial Trust shall grant to the Crown a licence of the developed nursery school on the following terms and conditions:
    1. the licence shall be for a term of 30 years less one day;
    2. the licence fee shall be $1,500.00 plus value added tax, payable annually in advance;

      SECOND SCHEDULE – Concl’d
      TERMS AND CONDITIONS – Concl’d
    3. the Crown as the licensee shall be responsible for keeping the premises insured under a comprehensive policy in the joint names of the Crown and the Trust;
    4. the Crown shall be responsible for the maintenance and upkeep of the premises and in particular shall keep the interior and exterior of the premises, inclusive of drains, sanitary and water apparatus, gates and fences in good and tenantable repair;
    5. the Trust as licensor shall be responsible for the repair of any latent defect in the structure of the premises or repairs arising therefrom;
    6. the Crown shall not carry out any additions or extensions to the premises without the approval of the Trust;
    7. the Crown shall use the premises as a nursery school and for ancillary educational purposes, unless written consent by the Trust is given to do otherwise, such consent not to be unreasonably withheld;
    8. the Crown shall not assign, sublet or further licence any part of the premises;
    9. the Crown shall permit the Trust or its authorized agent, upon receipt of 2 days’ written notice to inspect the premises and, thereafter, the Trust may give written specifications of any repairs, maintenance and replacement necessary and require the Crown to execute the repairs within 21 days;
    10. where the Crown is unable to execute the repairs within the time specified in subparagraph (ix), the Trust shall execute the repairs and the costs of those repairs shall be treated as a debt to the Trust as an additional licence fee and shall be settled within 2 months of the date of the Trust’s invoice for the work undertaken;
    11. the Crown shall be responsible for maintaining public liability insurance of not less than $2,000,000.00, subject to an annual review by the Trust’s brokers, and indemnify the Trust in the event of any liability;
    12. the Crown shall be responsible for all outgoings arising from the use of the site as a nursery school;
    13. the Crown shall give 8 months’ notice should it wish to terminate the licence before its expiry date.

      Resolution No. 14/2021 M.P. 91/13-4 Vol. III PARLIAMENTWHEREAS a Resolution was passed by the Honourable House of Assembly on the 7th day of May, 2019 and by the Honourable Senate on the 31st day of May, 2019, was assented to by Her Excellency the Governor-General on the 5th day of June, 2019 and was published in the Official Gazette as Resolution No. 10/2019 on the 10th day of June, 2019 approving the lease to The Maria Holder Memorial Trust of a parcel of land the property of the Crown situate at Upton in the parish of Christ Church in this Island for the purpose of constructing a skatepark for public use;
      AND WHEREAS it has been determined that Resolution No. 10/2019 should be rescinded;
      BE IT RESOLVED that Parliament approve the rescission of Resolution No. 10/2019.
      APPROVED by the House of Assembly this 10th day of August, Two thousand and twenty-one.
      1. HOLDER Speaker.

APPROVED by the Senate this 18th day of August, Two thousand and twenty-one.

R. FARLEY President.

I  assent

JEFFREY D. GIBSON

Acting Governor-General 24th August, 2021.

Resolution No. 15/2021 M.P. 91/13-4 Vol. III PARLIAMENT

RESOLVED that Parliament in accordance with section 5 of the Crown Lands (Vesting and Disposal) Act, Cap. 225 approve the lease to The Maria Holder Memorial Trust of the parcel of land the property of the Crown situate at Upton in the parish of Christ Church in this Island and more particularly described in the First Schedule on the terms and conditions set out in the Second Schedule for the purpose of constructing a skatepark for public use.

APPROVED by the House of Assembly this 10th day of August,Two thousand and twenty-one.

  1. HOLDER Speaker.

APPROVED by the Senate this 18th day of August, Two thousand and twenty-one.

R. FARLEY President.

I  assent

JEFFREY D. GIBSON

Acting Governor-General 24th August, 2021.

FIRST  SCHEDULE

ALL THAT land the property of the Crown situate at Upton in the parish of Christ Church in this Island containing by admeasurement 9111.1 square metres or thereabouts abutting and bounding on lands of the Barbados Government (Barbados Hockey Federation Inc.) on a drain on a right of way to an access road leading to a cul-de-sac in one direction on a drain and on a road reserve or however else the same may abut and bound as shown and delineated on a plan certified on the 27th day of March, 2019 by Samuel N. Taylor, Land Surveyor and recorded on the 28th day of March, 2019 in the Lands and Surveys Department as Plan No. 368/2019.

SECOND SCHEDULE

TERMS AND CONDITIONS

The lease to The Maria Holder Memorial Trust of the parcel of land, the property of the Crown, situate at Upton in the parish of Christ Church in this Island and more particularly described in the First Schedule is subject to the following terms and conditions:

  1. the premises are being leased for the purpose of the construction of a skatepark;
  2. the lease to be for a term of 20 years with an option to renew for a further term of 20 years;(c) the lessee shall pay as a rent a one-time payment of $200.00 plus value added tax, payable in advance;
  1. the lessor shall review the rent at the end of the first term;
  2. the lessee shall be responsible for the costs of development of the site;
  3. the lessee shall comply with the requirements of all planning, building, safety and health and related legislation throughout the term;
  4. the lessee shall indemnify the lessor against all actions arising from its use of the premises;
  5. the lessee shall not use, permit or suffer the demised premises or any part thereof to be used for any purpose other than a skatepark except with the permission of the lessor first obtained in writing, such permission not to be unreasonably withheld;
  6. the lessee shall not assign, mortgage, demise, underlet or otherwise part with possession of any part of the demised premises without the prior written consent of the lessor;
  7. the lessee reserves the right to surrender the lease with improvements to the premises at any time by giving 8 months’ notice;
  8. the lease shall terminate on the transfer of the ownership of the skatepark to Crown;
  9. the premises shall revert to the Crown for nil consideration at the end of the lease or its sooner determination; and
  10. The Maria Holder Memorial Trust shall grant to the Crown, through National Sports Council, a licence in respect of the demised premises on the following terms and conditions:
    1. the licence shall be for a term of 20 years less one day with an option to renew for a further term of 20 years less one day;
    2. the licence fee shall be $1,500.00 plus value added tax, payable annually in advance;
    3. the Crown as licensee acting through National Sports Council shall be responsible for keeping the premises insured under a comprehensive policy in the joint names of the Crown and the Trust;

      SECOND SCHEDULE – Concl’d
      TERMS AND CONDITIONS – Concl’d
    4. the Crown shall be responsible for the maintenance and upkeep of the premises and in particular shall keep the interior and exterior of the premises, inclusive of drains, sanitary and water apparatus, gates and fences in good and tenantable repair;
    5. the Trust as licensor shall be responsible for the repair of any latent defect in the structure of the premises or repairs arising therefrom;
    6. the Crown shall not carry out any additions or extensions to the premises without the approval of the Trust;
    7. the Crown shall not use, permit or suffer the premises or any part thereof to be used for any purpose other than as a skatepark or for ancillary sporting purposes, except with the written permission of the Trust, such permission not to be unreasonably withheld;
    8. the Crown shall not assign, sublet or further licence any part of the premises;
    9. the Crown shall permit the Trust or its authorized agent, upon receipt of 2 days’ written notice to inspect the premises and, thereafter, the Trust may give written specifications of any repairs, maintenance and replacement necessary and require the Crown to execute the repairs within 21 days;
    10. where the Crown is unable to execute the repairs within the time specified in sub-paragraph (ix), the Trust shall execute the repairs and the costs of those repairs shall be treated as a debt to the Trust as an additional licence fee and shall be settled within 2 months of the date of the Trust’s invoice for the work undertaken;
    11. the Crown shall be responsible for maintaining public liability insurance of not less than $2,000,000.00, subject to an annual review by the Trust’s brokers, and indemnify the Trust in the event of any liability;
    12. the Crown shall be responsible for all outgoings arising from the use of the site as a skatepark; and
    13. the Crown shall give 8 months’ notice should it wish to terminate the licence before its expiry date,

      Resolution No. 16/2021 M.P. 91/13-4 Vol. III PARLIAMENTWHEREAS a Resolution was passed by the Honourable House of Assembly on the 30th day of April, 2019 and by the Honourable Senate on the 31st day of May, 2019, was assented to by Her Excellency the Governor-General on the 5th day of June, 2019 and was published in the Official Gazette as Resolution No. 11/2019 on the 10th day of June, 2019 approving the lease to The Maria Holder Memorial Trust of a parcel of land the property of the Crown situate at Government Hill in the parish of Saint Michael in this Island for the purpose of constructing a nursery school.
      AND WHEREAS it has been determined that Resolution No. 11/2019 should be rescinded;
      BE IT RESOLVED that Parliament approve the rescission of Resolution No. 11/2019.
      APPROVED by the House of Assembly this 10th day of August, Two thousand and twenty-one.
      1. HOLDER Speaker.

APPROVED by the Senate this 18th day of August, Two thousand and twenty-one.

R. FARLEY President.

I  assent

JEFFREY D. GIBSON

Acting Governor-General 24th August, 2021.

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the Barbados Government Printing Department