EAMES — — ^ — & C O M P A N Y SOLICITORS j Airan S>.[a;ii'c. Air an Quay. Dublin 7. Td: 872 31 55 Fax: 872 5664 DX i022 Ruir Conns Danny Doherty, Senior Legal Advisor, P. 0 Box 456, 27/33 Upper Baggot St, Dublin 4. RE: UNIT 9 TOLKA VALLEY BUSINESS PA DATE: 16m OF NOVEMBER 2000 OUR REE: AF Dear Danny, I have received yours dated the 14t!l of November together with enclosures. I note in particular the contents of Patrick Kivlehan's memo and the fact that he requires that this lease is concluded as expeditiously as possible. I have written to the solicitors acting on behalf of the Landlord, Mr Oliver and enclose a copy of our letter herewith. Please note same. In the meantime, we confirm our earlier telephone conversation and note that the rent payable is 20,990.00IP per annum and the term of this particular lease is for one year certain, with an option for further one year and an additional option for a further year. We will be in touch on receipt of their reply. Yours faithfully, EAMES & CO., Aid;m B. Karnes BCI.. Orla Coyne BA ACl Aib Dip El Anlie l-iizpiiirick BA Ha Memo To: Regional Directors From: Michael Bowden, Manager Legal Services Date: 29 August, 2001 Re: Short Term Lettings My memo of 11th January last refers. I now enclose further Advices received from our Legal Advisors relating to a specific letting at 9 Tolka Valley, Balbriggan, Co Dublin in relation to Notice received regarding Planning Acts. You should ensure that when negotiating on such a Lease that there is absolutely no ambiguity in relation to the user clause viz-a-viz planning permission. If there is doubt the Planning Authorities should be consulted. Note also Advices given re issue of Fire Certificate and the fact that by altering the premises in any way such Certificate is likely to be invalidated. You should in such a case bring the matter to the attention of your architect/engineer who should liaise with Enforcement Officer. Michael Bowden 65 Grace field Ave, Artane, Dublin 5 21/02/03 Ms. Frances Talbot, FAS Training Centre, Poppintree Industrial Estate, Jamestown Road, Finglas, Dublin 11. Re: Unit 9, Tolka Valley, Finglas. Dear Ms. Talbot, I acknowledge receipt of your letter of the 18 th inst. I must say that I am concerned and disappointed that my arrangement with FAS has not been honoured. i vvas leu to believe by FAS that ihey had a minimum requirement (or the building up to March 2004 with the possibility for a further requirement after that date. The possibility of terminating the lease leaves me in a situation where i will be very hard pressed to let the building in such short notice and leaves me facing a heavy loss. Given my undertaking to facilitate FAS at all times ! would greatly appreciate if the matter could be reviewed. Some latitude should be found to enable the original agreement, to be honoured in full. I must point out to you strongly that the one year roil over arrangement was agreed to by me to facilitate FAS procedures and the need for FAS to acquire the building immediately. I also gave them the go ahead informally to alter the building internally to their requirements. This can be confirmed by Gerry Speiran, Tony Hannigan and John Doian. I would appreciate if you couid review the matter and take into consideration the informal arrangements that had been agreed and favourably revert to me as soon as possible. Many thanks, Foras Aiseanna Saothair Poppintree Industrial Estate, Jamestown Road, Finglas, Dublin 11, Ireland. Telephone (01) 814 0200. Fax (01) 834 6336. E./ Mail. fg.recruit@fas.ie. Mr Terry Oliver 65 Gracefield Avenue Artane Dublin 5 3 March 2003 Dear Mr Oliver Re: Unit 9, Tolka Valley, Finglas, dated 21 February 2003 I understand that Gerry Speiran, Assistant Manager with responsibility for apprenticeships, explained our position to you regarding the fall off in demand for apprentice plumbers. At present we have reduced Apprentice plumbing activity from five classes to two classes, leaving us with spare capacity of one training area within our Finglas Training Centre. In view of this situation we cannot justify the continued renting of Unit 9, Tolka Valley as we no longer require the additional capacity. Notwithstanding the above situation we are prepared to continue to pay rent on Unit 9 up until 12 May 2003 without prejudice in order to allow you more time to find an alternative tenant. Many thanks for your assistance. FRANCES TALBOT Manager Finglas Training Centre Page 2 of 3 From: Keeganr Richard Sent: 01 June 2007 16:00 To: Sharkey, Alan Cc: Hannigan, Tony; Bannon, Neill Subject: FW: Schedule of meetings and Talks Valley unit Mr. Sharkey, We surveyed this premises in Feb 07 to ascertain the suitability of this factory unit to run Electrical or Plumbing training courses. At the time i informed you that in my opinion this premises was not suitable to run a Plumbing course as it did not have any facility for externai storage which wouid be a fundamental requirement for this course. i later learned that this very unit was closed down in the past by Finglas TC because it could not meet basic Health and Safety requirements, that is, ventilation for gas welding, notwithstanding all the other regulations it was in breach of. i aiso informed you at this time that the unit, as it stood, was Not Fire Cert Compliant and would also need Planning permission for whatever the proposed use was to be. On your instructions we were to look at the feasibility of running 2 number Electrical courses in the unit, which we did. We then learned that a lease had been signed for this premises and that, in spite of advice and the inherent problems with this building, you now wanted to run Plumbing courses, which we are presently trying to taclitate you with, notwithstanding the fact that we still do not have a brief from you on your present requirements. On the matter of notifying you when meetings are taking place, i understand that Mr. Hannigan is the building liaison person. Have you now assumed this role? Please advise. Regards, Richard Keegan From: Sharkey, Alan Sent: 01 June 2007 10:59 To: Keegan, Richard Cc: Bannon, Neili; Hannigan, Tony Subject: Schedule of meetings and Tolks Valley unit Hi Richard, is there any update on the progress of the Tolka Valley unit? Decian informs me that extraordinary length of time considering there is very basic work to be com checked as yet. As the building effectively remain the same as it you project the time frame to be approx 5 months. This seems like an plated on the centre and no ?t out concerning welding. Has the ?re cert situation been is now would the current cert not apply? As we both discussed recently and in the interest of our clients and we both a greed, a cost effective and practical approach to this project is what is required. i would like the unit in tuii operation by 01 September at latest, i see no reason why his cannot be a reasonable target date. This process effectiver began at the start of ?iie ei'i?e it i"C i?i MEETING MINUTES Hm Re: FAS Cabra Satellite TOLKA VALLEY Plumbing fit out assessment. ?aunt? Dublin 1?1 Ref: ?39: 3:4: - {it :01;sz :24- Present: Richard Keegan (RK) FAS Facilities Management Ian Keliy (IK) FAS Assist. Manager Decian Hannigan (OK) FAS Assist. Manager Tony Brown (TB) Trainee Instructor PAS Ca bra John O?Keeffe O?Keeffe Architects (OKA) Ivan Freeman (IF) Homan O'Brien (HOB) wnewa?irelm? ?ameswm?tss: - We. mm mm?. mm?. we? I i i . 2.0 OKA presented a sketch scheme for the new plumbing course in the Toika Valley I i i . We?; 1 2.1 The scheme was rewewed and discussed and the following additional points war?! I . noted. i i There were to be 2 no. apprentice training rooms both capable of taking 14 I - . no. trainees each plus an instructor. This meant putting an additionai .- i- apprentice training room upstairs. 1 3? The officelteacherisupervisors room should be where the existing toilet, I facilities are at ground floor and similar above. . I'r' The void area should be ?lled in and occupied as a ciassroom. i 2.2 As such the unit was to cater far 28 no. students, bench sizes to he 1800mm I 900mm and not 2mX1m as per Fingias. it appears that the classroom is going to be a bit compact. There was a suggestion that the classroom size as used in one of the I training rooms in FAS Cabra be measured to clarify the size recommended as the r? smallest size that can work for such a workshop. 1 2.3 OKLA confirmed that he prepare the drawings and issue the drawings based 1 .: these comments and ask the parties to review them. If they are significantly 3 different from what is required am is to be advised immediately otherwise the . i? scheme be advanced to planning at the soonest opportunity. 3.0 Ogeration of the Satellite Unit i 5 3 1 I Concerns were raised regarding the effectiveness of having a plumbing course with no gas facilities FAB to review this matter further and OKA noted that it is not I material to planning. ?3 Mm. ewe ?Wm 4.1 The next meeting be held an 13?? June 10.00am I, i ?i c.c. present Neil Bannon Alan Sharkey Directors: lit-1?- 2?1: Associate: Sci-1 ,iC-tit?l?e atria. in: 3 Jc'r C'Ee?c??e teats. a r: C- rage I 01.4 Nicholson, Robert From: Nicholson, Robert Sent: 14 November 2008 14:57 To: Wadden, Jim Subject: RE: Update Jim, Given some ofthe details appearing in the media today i wanted to give you an update on the Tolka Valley unit. We had engaged Knight Franks to consider the terms of the lease for any possibility of terminating it but were advised that no such possibility was apparent. We then asked KF to negotiate on our behalf to seek an exit from the lease which was declined by the landlord. There was a possibility that the accommodation would be used more effectively to house an programme involving the Fire Service but i was advised by Donneily and O'Riordan that this project proposal is in the early stages and a location is not needed in the short term. l?il look to any options as they arise but as matters stand we?re committed to the lease until 2011. On another matter l?m told there may be some capital available before year end. Earlier in the year Cabra submitted to Tony Hannigan a request for Electronic System Trainer Boards for our CPF course. The existing training boards are very old and have been repaired on a number of occasions. We were advised previously that they are now beyond ?repair. The boards are required to deliver an important element of the OFF course. On talking to Darcy a couple of "lays ago he suggested that approved CARs forthe boards had not been received by him. We completed new CARS ?and will send them to you for your consideration and approval. lfyou've any questions regarding samejust let me know. Regards Robert From: Hannigan, Tony Sent: 15 August 2008 15:49 To: Nicholson, Robert Subject: RE: Update ROBERT, Sorry for not contacting you after the ?ooding, must be old age. Some of your loss can be recovered under the FAS insurance policy. Your suggestion on Toika Valley Unit is the correct one. i suggest you proceed along the lines you have outlined REGARDS Tony From: Nicholson, Robert Sent: 15 August 2008 14:23 To: Hannigan, Tony Subject: Update Good afternoon Tony, A couple of things to run by you; Flooding As you know, there was signi?cant flooding overthe course ofthe last weekend in the centre. The stores and canteen exit area were particularly badly affected by water pouring in through the roof but also at ground level. These areas were left under a few inches of water and a number of classrooms/workshops were also badly affected. This ?ooding was repeated on Monday and Tuesday to a lesser extent. Having asked roof engineers/architects and building services for advice a number of emergency works were suggested to alleviate the situation. Having looked closely at Met Office forecasts for the weekend I?ve commissioned the most cost effective of these options (which l?m advised has as good a chance as any of lessening the chance of further flooding excluding the complete replacement ofthe roof structure). You?re aware that the Cabra Premises Repairs and Maintenance budget is under constant pressure due to the need to undertake genuine emergency works to keep the centre open. in addition a signi?cant amount of stationary was destroyed the replacement of which will drive budgets into overspend (I am talking to H.O. regarding insurance). l?m not seeking an extra budget at present but wanted to keep you up to date. 25/11/2009 On another matter, have been considering the most appropriate approach to utilisation of the Toika Valley Unit. Having now visited the site with our architects and Building Services to seek input and costings, amoftherview the amending the facility to a state which could accommodates that the lease expires . in November 201 Jami am of the view that a sub-let of the premises is not an option given that current. rents in a similar location have reduced with the economic downturn and are thattheannual rent for our premises. (There are a number of vacant premises in the business park.) in addition, signi?cant works would be required to bring the location within building\?re regulations and to a ?t state for a prospective tenant. This leaves two options, one being to utilise the location for storage/emergency purposes for the duration of the lease and the other being to seek an exit from the lease. have had discussions with a number of expert individuals relating to various clauses of the lease and am advised that no speci?c opportunity exists that would allow an immediate exit. Given this, now intend to contract property consuitants with an expertise in the area of leasehold interests to negotiate directly with the landlord on our behalfto see if a mutually acceptable agreement could be found which would end our interest in the lease. As the annual rent is 0 42,000 this may involve a higher once off payment which would require that a budget be made available. in view of the fact that the next quarterly rental charge is now due i will undertake this process in the immediate future unless you have any specific concerns. Regards Robert 25/] 1/2009 Page I oi." 1 Nicholson, Robert From: Nicholson, Robert Sent: 16 October 2009 12:35 To: Wadden, Jim Subject: RE: Leased Buildings Hello Jim, You?ll be aware of the Tolka Valley details. We already had legal advice on the lease and were advised it was watertight. We looked in to negotiating an agreement with the landlord through agents Frank Knight but there was not a successful outcome. To clarify the Cabra lease is for 4 years 9 months (not 5 years 9 months) to Dec 2011. The lease is =6 34?800 plus VAT. Cabra would be delighted to explore the possibility of providing space for courses to be delivered here. We have a signi?cant area free now that we?ve discontinued 2 plumbing classes and we are currently clearing all the facilities and a making one large workshop shell that would be ideal for a certain trade types. We also have another workshop area currently vacant. Robert From: Wadden, Jim Sent: 16 October 2009 12:11 To: Fennelly, Paul (Ballyfermot Cheevers, Teresa; Fagan, Frank; Nicholson, Robert; Elders, Derek; Brien, Maurice Cc: Larkin, Gerry (Finglas); Bowden, Michael; Curtin, Patricia Subject: Leased Buildings refer to attached list of leased buildings assigned to TCs in the Dublin Region. Can you please advise if the activity of any of these leased premises can be transferred to your Training Centre. As you know, the continuing reduction in Apprenticeship Registrations means that it is imperative that we do all we can to minimise the on?going ?nancial burden of the lease committments. Subject to your response, i will initiate negotiations process with relevant landlord/s with the support of Head Of?ce Legal Affairs. Regards Jim 25/1 1/2009 90-05-51 8413 IR£ AMOUNT OF IRISH POUNDS IN WORDS SwvA " • • • a i i 7 3" B ^ O ' O 5 5 li: H L 3 I 5 ER 2u" 0 2 SMI SO EAMES — — ^ — & C O M P A N Y SOLICITORS j Airan S>.[a;ii'c. Air an Quay. Dublin 7. Td: 872 31 55 Fax: 872 5664 DX i022 Ruir Conns Danny Doherty, Senior Legal Advisor, P. 0 Box 456, 27/33 Upper Baggot St, Dublin 4. RE: UNIT 9 TOLKA VALLEY BUSINESS PA DATE: 16m OF NOVEMBER 2000 OUR REE: AF Dear Danny, I have received yours dated the 14t!l of November together with enclosures. I note in particular the contents of Patrick Kivlehan's memo and the fact that he requires that this lease is concluded as expeditiously as possible. I have written to the solicitors acting on behalf of the Landlord, Mr Oliver and enclose a copy of our letter herewith. Please note same. In the meantime, we confirm our earlier telephone conversation and note that the rent payable is 20,990.00IP per annum and the term of this particular lease is for one year certain, with an option for further one year and an additional option for a further year. We will be in touch on receipt of their reply. Yours faithfully, EAMES & CO., Aid;m B. Karnes BCI.. Orla Coyne BA ACl Aib Dip El Anlie l-iizpiiirick BA Ha Memo To: Regional Directors From: Michael Bowden, Manager Legal Services Date: 29 August, 2001 Re: Short Term Lettings My memo of 11th January last refers. I now enclose further Advices received from our Legal Advisors relating to a specific letting at 9 Tolka Valley, Balbriggan, Co Dublin in relation to Notice received regarding Planning Acts. You should ensure that when negotiating on such a Lease that there is absolutely no ambiguity in relation to the user clause viz-a-viz planning permission. If there is doubt the Planning Authorities should be consulted. Note also Advices given re issue of Fire Certificate and the fact that by altering the premises in any way such Certificate is likely to be invalidated. You should in such a case bring the matter to the attention of your architect/engineer who should liaise with Enforcement Officer. Michael Bowden 65 Grace field Ave, Artane, Dublin 5 21/02/03 Ms. Frances Talbot, FAS Training Centre, Poppintree Industrial Estate, Jamestown Road, Finglas, Dublin 11. Re: Unit 9, Tolka Valley, Finglas. Dear Ms. Talbot, I acknowledge receipt of your letter of the 18 th inst. I must say that I am concerned and disappointed that my arrangement with FAS has not been honoured. i vvas leu to believe by FAS that ihey had a minimum requirement (or the building up to March 2004 with the possibility for a further requirement after that date. The possibility of terminating the lease leaves me in a situation where i will be very hard pressed to let the building in such short notice and leaves me facing a heavy loss. Given my undertaking to facilitate FAS at all times ! would greatly appreciate if the matter could be reviewed. Some latitude should be found to enable the original agreement, to be honoured in full. I must point out to you strongly that the one year roil over arrangement was agreed to by me to facilitate FAS procedures and the need for FAS to acquire the building immediately. I also gave them the go ahead informally to alter the building internally to their requirements. This can be confirmed by Gerry Speiran, Tony Hannigan and John Doian. I would appreciate if you couid review the matter and take into consideration the informal arrangements that had been agreed and favourably revert to me as soon as possible. Many thanks, Foras Aiseanna Saothair Poppintree Industrial Estate, Jamestown Road, Finglas, Dublin 11, Ireland. Telephone (01) 814 0200. Fax (01) 834 6336. E./ Mail. fg.recruit@fas.ie. Mr Terry Oliver 65 Gracefield Avenue Artane Dublin 5 3 March 2003 Dear Mr Oliver Re: Unit 9, Tolka Valley, Finglas, dated 21 February 2003 I understand that Gerry Speiran, Assistant Manager with responsibility for apprenticeships, explained our position to you regarding the fall off in demand for apprentice plumbers. At present we have reduced Apprentice plumbing activity from five classes to two classes, leaving us with spare capacity of one training area within our Finglas Training Centre. In view of this situation we cannot justify the continued renting of Unit 9, Tolka Valley as we no longer require the additional capacity. Notwithstanding the above situation we are prepared to continue to pay rent on Unit 9 up until 12 May 2003 without prejudice in order to allow you more time to find an alternative tenant. Many thanks for your assistance. FRANCES TALBOT Manager Finglas Training Centre Page 2 of 3 From: Keeganr Richard Sent: 01 June 2007 16:00 To: Sharkey, Alan Cc: Hannigan, Tony; Bannon, Neill Subject: FW: Schedule of meetings and Talks Valley unit Mr. Sharkey, We surveyed this premises in Feb 07 to ascertain the suitability of this factory unit to run Electrical or Plumbing training courses. At the time i informed you that in my opinion this premises was not suitable to run a Plumbing course as it did not have any facility for externai storage which wouid be a fundamental requirement for this course. i later learned that this very unit was closed down in the past by Finglas TC because it could not meet basic Health and Safety requirements, that is, ventilation for gas welding, notwithstanding all the other regulations it was in breach of. i aiso informed you at this time that the unit, as it stood, was Not Fire Cert Compliant and would also need Planning permission for whatever the proposed use was to be. On your instructions we were to look at the feasibility of running 2 number Electrical courses in the unit, which we did. We then learned that a lease had been signed for this premises and that, in spite of advice and the inherent problems with this building, you now wanted to run Plumbing courses, which we are presently trying to taclitate you with, notwithstanding the fact that we still do not have a brief from you on your present requirements. On the matter of notifying you when meetings are taking place, i understand that Mr. Hannigan is the building liaison person. Have you now assumed this role? Please advise. Regards, Richard Keegan From: Sharkey, Alan Sent: 01 June 2007 10:59 To: Keegan, Richard Cc: Bannon, Neili; Hannigan, Tony Subject: Schedule of meetings and Tolks Valley unit Hi Richard, is there any update on the progress of the Tolka Valley unit? Decian informs me that extraordinary length of time considering there is very basic work to be com checked as yet. As the building effectively remain the same as it you project the time frame to be approx 5 months. This seems like an plated on the centre and no ?t out concerning welding. Has the ?re cert situation been is now would the current cert not apply? As we both discussed recently and in the interest of our clients and we both a greed, a cost effective and practical approach to this project is what is required. i would like the unit in tuii operation by 01 September at latest, i see no reason why his cannot be a reasonable target date. This process effectiver began at the start of ?iie ei'i?e it i"C i?i MEETING MINUTES Hm Re: FAS Cabra Satellite TOLKA VALLEY Plumbing fit out assessment. ?aunt? Dublin 1?1 Ref: ?39: 3:4: - {it :01;sz :24- Present: Richard Keegan (RK) FAS Facilities Management Ian Keliy (IK) FAS Assist. Manager Decian Hannigan (OK) FAS Assist. Manager Tony Brown (TB) Trainee Instructor PAS Ca bra John O?Keeffe O?Keeffe Architects (OKA) Ivan Freeman (IF) Homan O'Brien (HOB) wnewa?irelm? ?ameswm?tss: - We. mm mm?. mm?. we? I i i . 2.0 OKA presented a sketch scheme for the new plumbing course in the Toika Valley I i i . We?; 1 2.1 The scheme was rewewed and discussed and the following additional points war?! I . noted. i i There were to be 2 no. apprentice training rooms both capable of taking 14 I - . no. trainees each plus an instructor. This meant putting an additionai .- i- apprentice training room upstairs. 1 3? The officelteacherisupervisors room should be where the existing toilet, I facilities are at ground floor and similar above. . I'r' The void area should be ?lled in and occupied as a ciassroom. i 2.2 As such the unit was to cater far 28 no. students, bench sizes to he 1800mm I 900mm and not 2mX1m as per Fingias. it appears that the classroom is going to be a bit compact. There was a suggestion that the classroom size as used in one of the I training rooms in FAS Cabra be measured to clarify the size recommended as the r? smallest size that can work for such a workshop. 1 2.3 OKLA confirmed that he prepare the drawings and issue the drawings based 1 .: these comments and ask the parties to review them. If they are significantly 3 different from what is required am is to be advised immediately otherwise the . i? scheme be advanced to planning at the soonest opportunity. 3.0 Ogeration of the Satellite Unit i 5 3 1 I Concerns were raised regarding the effectiveness of having a plumbing course with no gas facilities FAB to review this matter further and OKA noted that it is not I material to planning. ?3 Mm. ewe ?Wm 4.1 The next meeting be held an 13?? June 10.00am I, i ?i c.c. present Neil Bannon Alan Sharkey Directors: lit-1?- 2?1: Associate: Sci-1 ,iC-tit?l?e atria. in: 3 Jc'r C'Ee?c??e teats. a r: C- rage I 01.4 Nicholson, Robert From: Nicholson, Robert Sent: 14 November 2008 14:57 To: Wadden, Jim Subject: RE: Update Jim, Given some ofthe details appearing in the media today i wanted to give you an update on the Tolka Valley unit. We had engaged Knight Franks to consider the terms of the lease for any possibility of terminating it but were advised that no such possibility was apparent. We then asked KF to negotiate on our behalf to seek an exit from the lease which was declined by the landlord. There was a possibility that the accommodation would be used more effectively to house an programme involving the Fire Service but i was advised by Donneily and O'Riordan that this project proposal is in the early stages and a location is not needed in the short term. l?il look to any options as they arise but as matters stand we?re committed to the lease until 2011. On another matter l?m told there may be some capital available before year end. Earlier in the year Cabra submitted to Tony Hannigan a request for Electronic System Trainer Boards for our CPF course. The existing training boards are very old and have been repaired on a number of occasions. We were advised previously that they are now beyond ?repair. The boards are required to deliver an important element of the OFF course. On talking to Darcy a couple of "lays ago he suggested that approved CARs forthe boards had not been received by him. We completed new CARS ?and will send them to you for your consideration and approval. lfyou've any questions regarding samejust let me know. Regards Robert From: Hannigan, Tony Sent: 15 August 2008 15:49 To: Nicholson, Robert Subject: RE: Update ROBERT, Sorry for not contacting you after the ?ooding, must be old age. Some of your loss can be recovered under the FAS insurance policy. Your suggestion on Toika Valley Unit is the correct one. i suggest you proceed along the lines you have outlined REGARDS Tony From: Nicholson, Robert Sent: 15 August 2008 14:23 To: Hannigan, Tony Subject: Update Good afternoon Tony, A couple of things to run by you; Flooding As you know, there was signi?cant flooding overthe course ofthe last weekend in the centre. The stores and canteen exit area were particularly badly affected by water pouring in through the roof but also at ground level. These areas were left under a few inches of water and a number of classrooms/workshops were also badly affected. This ?ooding was repeated on Monday and Tuesday to a lesser extent. Having asked roof engineers/architects and building services for advice a number of emergency works were suggested to alleviate the situation. Having looked closely at Met Office forecasts for the weekend I?ve commissioned the most cost effective of these options (which l?m advised has as good a chance as any of lessening the chance of further flooding excluding the complete replacement ofthe roof structure). You?re aware that the Cabra Premises Repairs and Maintenance budget is under constant pressure due to the need to undertake genuine emergency works to keep the centre open. in addition a signi?cant amount of stationary was destroyed the replacement of which will drive budgets into overspend (I am talking to H.O. regarding insurance). l?m not seeking an extra budget at present but wanted to keep you up to date. 25/11/2009 On another matter, have been considering the most appropriate approach to utilisation of the Toika Valley Unit. Having now visited the site with our architects and Building Services to seek input and costings, amoftherview the amending the facility to a state which could accommodates that the lease expires . in November 201 Jami am of the view that a sub-let of the premises is not an option given that current. rents in a similar location have reduced with the economic downturn and are thattheannual rent for our premises. (There are a number of vacant premises in the business park.) in addition, signi?cant works would be required to bring the location within building\?re regulations and to a ?t state for a prospective tenant. This leaves two options, one being to utilise the location for storage/emergency purposes for the duration of the lease and the other being to seek an exit from the lease. have had discussions with a number of expert individuals relating to various clauses of the lease and am advised that no speci?c opportunity exists that would allow an immediate exit. Given this, now intend to contract property consuitants with an expertise in the area of leasehold interests to negotiate directly with the landlord on our behalfto see if a mutually acceptable agreement could be found which would end our interest in the lease. As the annual rent is 0 42,000 this may involve a higher once off payment which would require that a budget be made available. in view of the fact that the next quarterly rental charge is now due i will undertake this process in the immediate future unless you have any specific concerns. Regards Robert 25/] 1/2009 Page I oi." 1 Nicholson, Robert From: Nicholson, Robert Sent: 16 October 2009 12:35 To: Wadden, Jim Subject: RE: Leased Buildings Hello Jim, You?ll be aware of the Tolka Valley details. We already had legal advice on the lease and were advised it was watertight. We looked in to negotiating an agreement with the landlord through agents Frank Knight but there was not a successful outcome. To clarify the Cabra lease is for 4 years 9 months (not 5 years 9 months) to Dec 2011. The lease is =6 34?800 plus VAT. Cabra would be delighted to explore the possibility of providing space for courses to be delivered here. We have a signi?cant area free now that we?ve discontinued 2 plumbing classes and we are currently clearing all the facilities and a making one large workshop shell that would be ideal for a certain trade types. We also have another workshop area currently vacant. Robert From: Wadden, Jim Sent: 16 October 2009 12:11 To: Fennelly, Paul (Ballyfermot Cheevers, Teresa; Fagan, Frank; Nicholson, Robert; Elders, Derek; Brien, Maurice Cc: Larkin, Gerry (Finglas); Bowden, Michael; Curtin, Patricia Subject: Leased Buildings refer to attached list of leased buildings assigned to TCs in the Dublin Region. Can you please advise if the activity of any of these leased premises can be transferred to your Training Centre. As you know, the continuing reduction in Apprenticeship Registrations means that it is imperative that we do all we can to minimise the on?going ?nancial burden of the lease committments. Subject to your response, i will initiate negotiations process with relevant landlord/s with the support of Head Of?ce Legal Affairs. Regards Jim 25/1 1/2009 90-05-51 8413 IR£ AMOUNT OF IRISH POUNDS IN WORDS SwvA " • • • a i i 7 3" B ^ O ' O 5 5 li: H L 3 I 5 ER 2u" 0 2 SMI SO