Telecommunications
(Transfer) (Jersey) Regulations 2002
1 Interpretation
In these Regulations –
“asset of the Board”
has the same meaning as in Part 8 of the Law;
“Law” means
the Telecommunications
(Jersey) Law 2002.
2 Companies:
Articles 32, 37, 38
(1) JT
Group Limited, registered on 22nd October 2002, allocated the registered
number 84230 and having its registered office at No. 1 the Forum,
Grenville Street, St. Helier JE4 8PB, is prescribed as the principal
company for the purposes of the Law.
(2) The
following subsidiaries of the principal company are prescribed for the purposes
of the Law –
(a) Jersey
Telecom Limited, registered on 1st July 2002, allocated the registered
number 83487 and having its registered office at No. 1 the Forum,
Grenville Street, St. Helier JE4 8PB;
(b) JTG
(St. Helier) Limited, registered on 10th October 2002, allocated
the registered number 84171 and having its registered office at No. 1 the
Forum, Grenville Street, St. Helier JE4 8PB;
(c) JTG
(St. Saviour) Limited, registered on 10th October 2002,
allocated the registered number 84170 and having its registered office at
No. 1 the Forum, Grenville Street, St. Helier JE4 8PB;
(d) JTG
(Parishes) Limited, registered on 10th October 2002, allocated the
registered number 84173 and having its registered office at No. 1 the
Forum, Grenville Street, St. Helier JE4 8PB;
(e) JTG
(External) Limited, registered on 10th October 2002, allocated the
registered number 84172 and having its registered office at No. 1 the
Forum, Grenville Street, St. Helier JE4 8PB.
3 Securities
in companies: Article 33
(1) The
securities required to be issued to the States by JT Group Limited for the
purposes of Article 33(1)(a) of the Law are 19,999,998 ordinary
shares, and 20,000,000 9% cumulative preference shares, out of an
authorized share capital of £40,000,000 divided into 40,000,000 shares,
each being of a nominal value of £1 and fully paid up.
(2) The
securities required to be issued to JT Group Limited by Jersey Telecom Limited
for the purposes of Article 33(1)(b) of the Law are 999,998 ordinary
shares out of an authorized share capital of £1,000,000 divided into 1,000,000
ordinary shares, each being of a nominal value of £1 and fully paid up.
(3) The
securities required to be issued to JT Group Limited by JTG (St. Helier)
Limited, JTG (St. Saviour) Limited, JTG (Parishes) Limited and JTG
(External) Limited for the purposes of Article 33(1)(b) of the Law are, in
the case of each of those subsidiaries, 9,998 ordinary shares out of an
authorized share capital of £10,000 divided into 10,000 ordinary shares,
each being of a nominal value of £1 and fully paid up.
4 Transfer
date: Article 36
For the purposes of Part 8
of the Law, the transfer date is 1st January 2003.
5 Transfer
of Board movables to Jersey Telecom Limited: Article 37
(1) The
assets of the Board in the form of movable property and the rights and
liabilities of the Board shall be transferred to Jersey Telecom Limited.
(2) Those
assets and rights shall include intellectual property rights, whether
registered or not.
(3) The
transfer of those assets is subject to an obligation on the part of Jersey
Telecom Limited to pay, in equal instalments falling on 31st March 2003,
30th June 2003, 30th September 2003 and 31st December 2003,
the sum of £2,072,000 to the annual income of the States.
(4) The
assets, rights and liabilities referred to in paragraph (1) shall not
include –
(a) the
assets, rights and liabilities referred to in Regulations 6 and 7;
(b) any
rights and liabilities under a licence granted by the Board to JTG
(St. Helier) Limited for the use of an area of land off Cattle Street,
St. Helier, as a car park; or
(c) the
minutes of the Board, the records of acts of the Board and other records of the
deliberations and decisions of the Board.
6 Transfer
of Board movables to JTG (External) Limited: Article 37
(1) The
following assets (in movable property), rights and liabilities of the Board
shall be transferred to JTG (External) Limited –
(a) those
in the form of or in or relating to the optical fibre cables and systems
linking Jersey and Guernsey, Guernsey and the U.K. and Jersey and the U.K.;
(b) those
in the form of or in or relating to the microwave systems linking Jersey and
France and Jersey and Guernsey.
(2) The
assets (in movable property), rights and liabilities of the Board that are
created or recognized in the following contracts with the Board (or of which
the following contracts are evidence) shall be transferred to JTG (External)
Limited –
(a) the
contract dated 26th March 1987 concerning the U.K. –
Channel Islands no. 7 submarine cable system;
(b) the
contract dated 8th July 1993 concerning the Guernsey –
Jersey no. 4 submarine cable system;
(c) the
contract dated 8th July 1993 concerning the U.K. – Channel
Islands no. 8 submarine cable system;
(d) the
contract dated 4th July 1996 concerning the U.K. – Channel
Island system no. 7 enhancement;
(e) the
contract dated 20th September 2001 concerning the Jersey –
France synchronous digital hierarchy radio relay system.
(3) Paragraph (2)
is not intended to limit the operation of paragraph (1).
(4) A
condition of the transfers in accordance with this Regulation is that both
Jersey Telecom Limited and JTG (External) Limited shall have the right to
use and copy any software used by the Board, or available to the Board
immediately before the transfer date, in relation to the assets transferred in
accordance with this Regulation to JTG (External) Limited.
7 Transfer
of Board movables to JTG (Parishes) Limited: Article 37
The assets (in movable
property), rights and liabilities of the Board that are created or recognized
in the following contracts with the Board (or of which the following contracts
are evidence) shall be transferred to
JTG (Parishes) Limited –
(a) the
agreement of indemnity between Invesco International Limited and the Greffier
of the States and Amvescap PLC dated 25th September 2000;
(b) the
licence agreement made on 12th October 2001 between Electricity
Supply Nominees Limited and the Public of the Island of Jersey.
8 Transfer
of Board immovables to JTG (St. Helier) Limited: Article 38
The assets of the Board
in the property known as Telephone House, Minden Place, St. Helier (being
the property described in Schedule 1) are prescribed for the purposes of Article 38(1)
of the Law, the transferee being JTG (St. Helier) Limited.
9 Transfer
of immovables to JTG (St. Saviour) Limited: Articles 38, 39(1)(a)
(1) The
assets of the Board in the property known as the Engineering Centre and Mast
Site at Five Oaks, St. Saviour (being the property described in Schedule 2)
are prescribed for the purposes of Article 38(1) of the Law, the
transferee being JTG (St. Saviour) Limited.
(2) The
assets of the public in that property shall be transferred to JTG
(St. Saviour) Limited.
(3) Paragraph (2)
is made under Article 39(1)(a) of the Law.
10 Transfer
of Board immovables to JTG (Parishes) Limited: Article 38
The assets of the Board
in the following properties are prescribed for the purposes of Article 38(1)
of the Law, the transferee in each case being JTG (Parishes)
Limited –
(a) the
property known as the Repeater Station in Trinity Gardens (being the property
described in Schedule 3, Part 1);
(b) the
property known as the East Exchange in Grouville (being the property described
in Schedule 3, Part 2);
(c) the
property known as the South Exchange in St. Brelade (being the property
described in Schedule 3, Part 3);
(d) the
property known as the North Exchange in St. John (being the property
described in Schedule 3, Part 4);
(e) the
property known as the West Exchange and Management Centre in St. Ouen
(being the property described in Schedule 3, Part 5);
(f) the
land situated at Becquet Vincent, St. John’s Main Road,
St. Helier (being the property described in Schedule 3, Part 6);
(g) the
contract leasehold interest in No. 1 the Forum, Grenville Street,
St. Helier (being the interest described in Schedule 3, Part 7).
11 Terms
of transfers of immovables: Article 38(2)
A term of the transfer of
immovable property under Article 38 of the Law is that the consent of the
Housing Committee to the transfer is required, and is taken to have been given
under Article 14(1) of the Housing (Jersey) Law 1949 and to be
subject to the condition prescribed by Article 14(2) of that Law.
12 Treatment
of Board’s trading fund in transfers: Article 41(4)
(1) The
accounts in the books of the Treasurer of the States recording the position as
at midnight on 31st December 2002 (and transactions up to that time)
of the Board’s trading fund, as referred to in Article 32 of the Public
Finances (Administration) (Jersey) Law 1967, shall be aggregated.
(2) The
balance of those accounts after that aggregation shall, on demand, be paid by
Jersey Telecom Limited to the annual income of the States if the balance is
positive, or from the annual income of the States to Jersey Telecom Limited if
the balance is negative.
(3) That
demand is one made on or after the transfer date by the Treasurer of the States
if the balance is positive or by Jersey Telecom Limited if the balance is negative.
13 Treatment
of Board’s assets and liabilities in transfers: Article 41(4)
(1) The
accounts in the books of the Treasurer of the States recording the assets and
liabilities of the Board as at midnight on 31st December 2002 shall
be aggregated.
(2) The
balance of those accounts after that aggregation shall, on demand, be paid by
Jersey Telecom Limited to the annual income of the States if the balance is
positive, or from the annual income of the States to Jersey Telecom Limited if
the balance is negative.
(3) However,
any of those accounts that relate to the performance of the Board’s
functions under Article 5 of the Telecommunications (Jersey) Law 1972
shall be excluded from the aggregation.
(4) For
the avoidance of doubt, it is declared that such of the accounts referred to in
paragraph (1) as represent assets held on trust by the Board (including,
but not limited to, deposits paid to the Board) shall be included in the
aggregation.
(5) The
demand referred to in paragraph (2) is one made on or after the transfer
date by the Treasurer of the States if the balance is positive or by Jersey
Telecom Limited if the balance is negative.
14 Value
of JT Group Limited: Article 41(4)
For the purposes of
States accounts, the value (at the moment on 1st January 2003 immediately
after the transfers referred to in Articles 37 - 39 and 43 of
the Law) of the States’ shareholdings in the group of companies
comprising JT Group Limited and its subsidiaries shall be the net asset
value of the group at that moment.
15 Values
relevant for Companies
(Jersey) Law 1991: Article 41(5)
(1) As
far as they are relevant to any matter under the Companies (Jersey)
Law 1991, the value as at midnight on 31st December 2002 of
the assets, rights and liabilities of the Board shall be determined using the
same valuation and accounting bases as were used in preparing the financial
statements of the Board in respect of the year that ended at midnight on
31st December 2001 that were approved by the Board on 19th
April 2002 and signed on the Board’s behalf by its Executive
Director and Finance Director.
(2) As
far as it is relevant to any matter under the Companies (Jersey)
Law 1991, the balance remaining after the aggregation of accounts
referred to in Regulation 12 or 13 shall be treated (whether or not demand is
made for its payment) as a debt of Jersey Telecom Limited or of the States, as
the case requires.
(3) The
excess of assets over liabilities (at the moment on 1st January 2003
immediately after the transfers referred to in Articles 37 - 39 and
43 of the Law) in the case of Jersey Telecom Limited, JTG (St. Helier)
Limited, JTG (St. Saviour) Limited, JTG (Parishes) Limited or JTG
(External) Limited shall be credited to the respective company’s reserves.
(4) Those
liabilities shall include a liability reflecting the share capital required to
be issued under Regulation 3 in the case of each company.
(5) The
reserves shall be treated as realized profits for the purposes of Article 114
of the Companies
(Jersey) Law 1991.
(6) In
respect of JT Group Limited, the excess of assets over liabilities (at the
moment on 1st January 2003 immediately after the transfers referred to in Articles 37 - 39
and 43 of the Law) shall be credited to reserves.
(7) Those
liabilities shall include a liability reflecting the share capital required to
be issued under Regulation 3 in the case of JT Group Limited.
(8) The
reserves shall be treated as realized profits for the purposes of Article 114
of the Companies
(Jersey) Law 1991.
16 Transfer
of staff: Article 43
For the purposes of Article 43
of the Law, the company is Jersey Telecom Limited.
17 Subsidiaries
required to employ PECRS members: Article 46(5)(b)
A reference in Article 46
to a subsidiary of a principal company is a reference only to a subsidiary
that –
(a) is
a wholly-owned subsidiary (within the meaning of the Companies (Jersey)
Law 1991) of a principal company; and
(b) carries
on its principal business in Jersey.
18 Citation
These Regulations may be
cited as the Telecommunications (Transfer) (Jersey) Regulations 2002.
SCHEDULE 1
(Regulation 8)
TELEPHONE HOUSE, MINDEN PLACE, ST. HELIER
The buildings known as
“Telephone House” with the land and appurtenances dependent thereto
and to which the Public of Jersey has right as of old.
The boundaries of the
premises described in this Schedule towards the “Fish Market”
premises belonging to the Public of Jersey are constituted as follows, namely –
(a) by the main east gable wall, the most
easterly, of the premises (and running between points “A” and
“B” marked on the plan attached to this Schedule). This gable wall
belongs in its entirety, and without off-set, to the owner of the premises
described in this Schedule;
(b) by
the southern (by 2 sections) and western walls presently separating the
buildings forming part of the premises described in this Schedule (and running
between points “B”, “C”, “D” and
“E” marked on the plan attached to this Schedule). These latter
mentioned walls are party-owned between the Public of Jersey (as owner of the
“Fish Market” premises) and the owner of the premises described in
this Schedule to be repaired, replaced and maintained as such; and
(c) by
the relevant section of the western wall of the bin store forming part of the
“Fish Market” premises (as shown on the plan attached to this Schedule)
running south from the point of intersection of that wall, at its northern end,
with the party-owned wall separating the said bin store on the north side
thereof from the oil room forming part of the premises described in this Schedule
until intersecting with the extension of the relevant line drawn between
boundary points numbered “BP3” and “BP4” (also marked
on the plan attached to this Schedule and hereinafter referred to). This
relevant section of wall belongs in its entirety, and without off-set, to the
owner of the premises described in this Schedule.
The boundaries of the
premises described in this Schedule towards the car park area to the rear
thereof belonging to the Public of Jersey are constituted by 4 boundary points
located as follows, namely –
(d) the first
point (“BP1” on the plan attached to this Schedule) forms the
south-west corner (the most westerly) of the premises described in this Schedule
towards the car park owned by the Public of Jersey and is found at the base of
the eastern face of the granite wall immediately to the west of and
co-extensive with not only the land dependent to the premises described in this
Schedule but also the said car park (and which wall belongs in its entirety,
and without off-set, to the Public of Jersey) at a distance of 16 feet, 10
inches to the north of the north-west corner of a certain concrete pillar (on
the north side of the middle of 3 arched entrances in the granite wall
concerned) and which pillar is established against the eastern face of the said
granite wall;
(e) the second
point (“BP2” on the plan attached to this Schedule) is found at a
distance of 25 feet, 8 inches to the east of the first, and at 30 feet, 10
inches to the north-east of the said north-west corner of the concrete pillar
referred to in the previous sub-paragraph;
(f) the
third point (“BP3”on the plan attached to this Schedule) is found
at a distance of 29 feet and ½ an inch to the south of the second, at 38
feet, 7½ inches to the south-east of the first, at 24 feet, 9 inches to
the east of the south-east corner of a certain other concrete pillar
(established on the south side of the middle of the 3 arched entrances in the
granite wall belonging to the Public of Jersey), at 42 feet, 6 inches to
the north-east of the south-east corner of the said granite wall belonging to
the Public of Jersey (at the point at which it abuts the northern face of the
south boundary wall of the car park belonging to the Public of Jersey), at 46
feet, 1 inch to the north-west of the south-west corner of a certain wall to
the south of the rear entrance in to the “Fish Market” premises,
(at the point at which the said wall abuts the northern face of the said south
boundary wall of the car park belonging to the Public of Jersey) and at 33 feet
4 inches to the north of the northern face of the said south boundary wall of
the car park belonging to the Public of Jersey; and
(g) the fourth
point (“BP4” on the plan attached to this Schedule) is found at a
distance of 33 feet, 4 inches to the east of the third, at 67 feet, 6 inches to
the north-east of the south-east corner of the said granite wall belonging to
the Public of Jersey, (at the point at which it abuts the northern face of the
south boundary wall of the car park belonging to the Public of Jersey) and at
21 feet, 4 inches to the north of the south-west corner of the west wall
of the bin store forming part of the “Fish Market” premises
belonging to the Public of Jersey, (at the point at which the wall abuts the
northern face of a section of wall running to the west thereof, and at right
angles thereto, and to the north of the rear entrance in to the “Fish
Market” premises).
The locations of the 4
boundary points referred to above are generally shown on the plan attached to
this Schedule and all measurements relating thereto are taken in straight lines
and in English feet.
The lines of demarcation
separating the premises described in this Schedule from the car park belonging
to the Public of Jersey are as follows, namely – firstly, imaginary
straight lines taken joining the boundary points numbered “BP1” to
“BP4” inclusive, as marked on the plan attached to this Schedule;
and secondly, a line extended in an easterly direction from boundary point
“BP4” (and on the same alignment as boundary points
“BP3” and “BP4” as marked on the plan attached to this Schedule)
until reaching the eastern face of the relevant section of the western wall of
the bin store forming part of the “Fish Market” premises owned by
the Public of Jersey.
The following specific
rights shall affect the premises described in this Schedule, namely –
(i) The owner of the
premises described in this Schedule shall have a right of way and passage on
foot only in and under the granite archway (being the most northerly of 3)
currently established in the granite wall belonging to the Public of Jersey
(and which wall is co-extensive not only to the relevant part of the said premises
described in this Schedule but also the car park belonging to the Public of
Jersey), the whole in order to come and go from the relevant part of the
premises described in this Schedule to the Public Highway known as
“Cattle Street”.
(ii) The Public of
Jersey shall have a right of access whenever necessary (but only after having
provided the Chief Executive Officer of Jersey Telecoms (or such other person
as may from time to time be designated) with previous notice in writing of not
less than 2 weeks, except in cases of extreme emergency) with or without
workmen, materials, ladders and scaffolding on to the necessary parts only of
the south-western extremity of the premises described in this Schedule in order
to repair, replace, rebuild, clean and generally maintain that section of the
granite wall bordering “Cattle Street” belonging to the Public of Jersey
which is co-extensive with the premises described in this Schedule (including
any relevant foundations dependent thereto and which, if established beneath
the premises described in this Schedule, can remain as at present). This right
of access must be exercised by the Public of Jersey as quickly as possible,
causing the least inconvenience possible and reinstating any affected areas of
the premises described in this Schedule to the reasonable satisfaction of the said
Chief Executive Officer of Jersey Telecoms (or such other person as may from
time to time be designated) immediately after completion of relevant works.
(iii) Any foundations
dependent to the main east gable wall of the premises described in this Schedule
(on the line drawn between points “A” and “B” marked on
the plan attached to this Schedule), and which may be established beneath and
across the “Fish Market” premises owned by the Public of Jersey,
can remain as established.
(iv) All windows, doors,
gutters, downpipes, fascias, parts of roof, overflow pipes, air and other vents
and the beam which currently supports an air conditioning unit established on
the roof of the buildings forming part of the premises described in this Schedule,
can remain as presently established within, against and upon the main east
gable wall of the buildings forming part of the premises described in this Schedule
(on the line drawn between points “A” and “B” marked on
the plan attached to this Schedule), notwithstanding that the windows, doors
and vents concerned are less than the prescribed common law distance of 3
Jersey feet from the boundary (in this area) of the premises described in this Schedule
towards the “Fish Market” premises belonging to the Public of
Jersey and notwithstanding also that the other items referred to in this clause
encroach on to and overhang the said “Fish Market” premises
belonging to the Public of Jersey.
(v) Subject to the terms of
clause (vi) of this Schedule (hereinafter referred to), the owner of the
premises described in this Schedule shall have a right of access with or
without workmen, materials, ladders and scaffolding on to the necessary parts
only of the “Fish Market” premises belonging to the Public of
Jersey (and this on the same terms and conditions attaching to the right of
access conferred upon the Public of Jersey by the terms of clause (ii) of
this Schedule) in order to repair, renew, replace, rebuild, clean, paint,
empty, unblock, unfreeze and generally to maintain not only the main east gable
wall of the building forming part of the premises described in this Schedule
(on the line drawn between points “A” and “B” marked on
the plan attached to this Schedule), and any foundations relating thereto, but
also all encroaching items and apparatus referred to in clause (iv) of
this Schedule.
(vi) Notwithstanding the
provisions of clause (v) of this Schedule, the Public of Jersey (as owner
of the “Fish Market” premises) shall have the right generally to
join against the main east gable wall of the building forming part of the
premises described in this Schedule (on the line drawn between points “A”
and “B” marked on the plan attached to this Schedule but save and
except co-extensive with the double doors hereinafter referred to) and this not
only for the benefit of the various items and apparatus currently established
against the gable wall concerned but also for the benefit of anything which may
be established by the Public of Jersey on the “Fish Market”
premises in the future. In this regard it is further acknowledged –
(A) all
relevant items and apparatus referred to in clause (iv) of this Schedule
which are currently established in or against the ground floor section of the
main east gable wall of the premises described in this Schedule (with the
exception of the double doors hereinafter referred to) shall be removed (at the
sole expense of the owner of the premises) upon the date of certification (by
the Department of Planning and Building Services) of completion of works in
relation to the power room which Jersey Telecoms propose to establish in the
north-east corner of the ground floor area of the main building forming part of
the premises described in this Schedule,
(B) that
all relevant items and apparatus referred to in clause (iv) of this Schedule
which are currently established in, on or against the remainder (that is to
say, the section above ground floor level) of the main east gable of the buildings
forming part of the premises described in this Schedule shall be completely
removed (at the sole expense of the owner of the premises) upon formal receipt
from the Chief Executive Officer of the States of Jersey Industries Committee
(or such other person as may from time to time be designated) of notice in
writing to this effect. It being clearly understood that such notice must be of
a period of not less than 5 years and can not be given within 5 years from the
1st January 2003,
(C) that
the ground floor area of the “Fish Market” premises adjacent to the
double doors (hereinafter referred to) shall not be built upon in any manner
whatsoever so as to impede access to the double doors and, furthermore, that
any future redevelopment of this area of the “Fish Market” premises
will ensure and safeguard continual, unimpeded access and egress to and from
the double doors (via the “Fish Market” premises) to the nearest
public highway, and
(D) that once
the Public of Jersey (as the owner of the “Fish Market” premises)
has exercised (either in whole or in part) its right to join against the
permitted areas of the main east gable wall of the buildings forming part of
the premises described in this Schedule in pursuance of the terms of this clause,
the right of access granted to the owner of the premises pursuant to the terms
of clause (v) of this Schedule shall cease to exist (either in whole or in
part but save and except in so far as concerns the double doors hereinafter
referred to) on the basis that it is no longer capable of being exercised.
(vii) The owner of the premises
described in this Schedule shall have the right to cause the flow of the rain
and surface waters emanating from parts of the roofs of the buildings currently
forming part of the premises as at present, that is to say in to the relevant
drainage system established on the “Fish Market” premises owned by
the Public of Jersey and this by means of the various downpipes and gutters
(referred to in clause (iv) of this Schedule) which drain therein. In
addition, the owner of the premises shall have a right of access on to the
relevant parts of the “Fish Market” premises owned by the Public with
or without workmen and materials, ladders and scaffolding (on the same terms
and conditions attaching to the right of access conferred upon the Public of
Jersey (as owner of the “Fish Market” premises) by the terms of clause (ii)
of this Schedule) in order to repair, replace, renew, clean, empty, paint,
unfreeze, unblock and generally maintain all necessary and relevant parts of
the said drainage system. With the added proviso that, for the avoidance of any
doubt, the Public of Jersey will have the right formally to request the removal
of those downpipes and gutters referred to in this clause which encroach upon
the “Fish Market” premises, on the terms and conditions set out in clause (vi)
of this Schedule.
(viii) The owner of the premises described
in this Schedule shall be permitted to use the large double doors established
within the main east gable wall of the building forming part of the premises
described in this Schedule (at ground floor level and found between the sixth
and seventh supporting pillars currently established against the east face of
that gable wall, counting from north to south from the “Minden
Place” access to the “Fish Market” premises), firstly, as a
fire exit in emergency situations and, secondly, as an area through which to
load and unload equipment relevant to the business undertakings of
“Jersey Telecoms”. In the latter regard, any access required to the
double doors in and across the “Fish Market” premises owned by the Public
of Jersey must be exercised in and across a route from time to time designated
by the Chief Executive Officer of the States of Jersey Economic Development Committee
(or such other person from time to time designated) and must be the subject of
previous notice in writing to the Chief Executive Officer of the States of
Jersey Economic Development Committee (or such other person from time to time
designated) of not less than one week.
(ix) In order to separate
the premises described in this Schedule on the south (by 2 sections) and west
sides thereof from the car park belonging to the Public of Jersey, it shall be
lawful for the owner of the premises (subject to prior receipt of the
appropriate consents from relevant competent authorities) to erect gables or
walls, the southern and western (exterior) faces of which shall be sited
entirely upon the lines of demarcation drawn between boundary points
“BP1” to “BP4”, inclusive, (as shown on the plan
attached to this Schedule). In addition, the owner of the premises shall be
entitled to establish any reasonable and necessary foundations relating to such
gables or walls beneath or across the relevant areas of the car park belonging
to the Public of Jersey immediately adjacent to and co-extensive with the said gables
or walls. Such walls or gables, once constructed, will be and shall remain the
entire property of the owner of the premises described in this Schedule,
without off-set, but against which the Public of Jersey (as the owner of the
car park) shall have a general right to build or to join, without reserve.
(x) The owner of the
premises described in this Schedule shall have a right of access on to the
necessary parts only of the car park belonging to the Public of Jersey (and
this on the same terms and conditions attaching to the right of access
conferred upon the Public of Jersey (as the owner of the “Fish
Market” premises) by the terms of clause (ii) of this Schedule),
with or without workmen, materials, ladders and scaffolding in order not only
to construct and establish the gables or walls and relevant foundations
referred to in clause (ix) of this Schedule but also, thereafter, to
repair, replace, renew, rebuild, paint, clean and generally maintain the same.
The right of access conferred by the terms of this clause is subject to the
right of the Public of Jersey to join against the said gables or walls, once
constructed (and as provided for by the terms of clause (ix) of this Schedule),
and if such rights are exercised by the Public of Jersey (either in whole or in
part) then this right of access will cease to be of any effect (either in whole
or in part) on the basis that it is incapable of being exercised.
(xi) For the avoidance of
any doubt, the owner of the premises described in this Schedule shall have the
right to join against the eastern face of the granite wall belonging to the Public
of Jersey and this for the western end of any gable or wall constructed by the
owner of the premises on the line drawn between boundary points
“BP1” and “BP2” (shown on the plan attached to this Schedule)
in accordance with the terms of clause numbered (ix) of this Schedule and for
any replacement thereof in the future.
(xii) The Public of Jersey reserves
the right to join against the south face of the south-western corner (the most
westerly) of the buildings forming part of the premises described in this Schedule
and this for the northern end of the granite wall belonging to the Public of
Jersey adjacent to the Public Highway “Cattle Street” and for any
replacement thereof in the future.
(xiii) The Public of Jersey shall have a
right of access with or without workmen, materials, ladders and scaffolding on
to the necessary parts only of the buildings forming part of the premises
described in this Schedule and this in order to repair, replace, renew,
rebuild, clean, paint and generally maintain, firstly, all existing buildings
(and their appurtenances) currently established on the “Fish
Market” premises and, secondly, to construct and establish and,
thereafter, to repair, replace, renew, rebuild, clean, paint and generally
maintain any new buildings (and their appurtenances) on the “Fish
Market” premises or on the car park also owned by the Public of Jersey.
This right of access is to be exercised on the same terms and conditions as the
right of access conferred upon the Public of Jersey by the terms of clause (ii)
of this Schedule.
(xiv) Any pipes, cables, conduits and
other apparatus relevant to the provision of any of the main services
(including drainage) to the premises described in this Schedule, and which may
be currently established beneath or across any part of the “Fish
Market” premises or the car park, both belonging to the Public of Jersey,
can remain as at present.
(xv) Reciprocally, any pipes,
cables, conduits and other apparatus concerning the provision of any of the
main services (including drainage) to either the “Fish Market”
premises or the car park belonging to the Public of Jersey, and which may be
currently established beneath and across the premises described in this Schedule,
can remain as at present.
(xvi) The owner of the premises described
in this Schedule and the Public of Jersey (as owner of the “Fish
Market” premises and the car park) shall have reciprocal rights of access
on to each other’s property (on the same terms and conditions attaching
to the right of access conferred upon the Public of Jersey by the terms of clause (ii)
of this Schedule), with or without workmen and materials in order to repair,
replace, renew, unblock, unfreeze, clean and generally maintain any of the
service apparatus covered by the terms of clauses (xiv) and (xv) of this Schedule.
The whole on condition that (a) any part of such service apparatus serving the
relevant property owned by the Public of Jersey and the premises described in
this Schedule in common shall be repaired, replaced, renewed, unblocked,
unfrozen, cleaned and maintained at common cost by the Public of Jersey and (b)
the owner of the premises described in this Schedule and the Public of Jersey
shall each have the right to relocate such service apparatus established on
their respective properties provided that previous notice in writing to the
other party of not less than 6 months is given and provided also that any
relevant works are carried out by competent contractors at the cost of the
party proposing the relocation, after having received any required consents
from the competent authorities, and to the reasonable satisfaction of the other
party.
Finally, it is
acknowledged that the agreed continued use by “Jersey Telecoms” of,
firstly, a certain room (at first floor level) forming part of the “Fish
Market” premises as an exchange equipment room (measuring approximately
877.64 square feet in area and which can only be accessed from the premises
described in this Schedule) and, secondly, the car park belonging to the Public
of Jersey is to be covered by the terms of separate and subsequent formal
agreements between the owner of the premises described in this Schedule and the
Public of Jersey. Copies of brief summaries of the agreed main heads of terms
in relation to each arrangement are also attached to this Schedule.
The said premises are
situated in the Parish of St. Helier, in the Vingtaine of Haut de la Ville, and
are in the state or condition in which they are currently found with all their
faults apparent or hidden, should same exist.
Summary
of Principal Heads of Agreement for the continued use of the Room above the
north corridor of the Fish Market by JTG (St. Helier) Limited
1. The
Public will lease the room to JTG (St. Helier) Limited for a term of 25 years.
2. On
redevelopment of the Fish Market either party may give 5 years’ notice of
termination of the lease. Such notice cannot be given within the first 5 years
of the lease.
3. If
the Fish Market has not been redeveloped within the 20 year period, the
parties may agree to renew the lease for a further 25 years on the same terms
and conditions, save that the prohibition on giving notice during the first 5
years of the lease shall not apply.
4. The
rental will be £9,654 per annum subject to 5 yearly rent reviews.
5. In
the event of any dispute arising after the commencement of the lease the
Finance and Economics Committee will represent JTG (St. Helier) Limited.
Summary
of Principal Heads of Agreement for continued use of part of the Cattle Street
Car Park by JTG (St. Helier) Limited
(1) The
administering Committee for the time being of the car park will grant to JTG
(St. Helier) Limited licences to park cars in the car park.
(2) The
licences will be granted for a term of 2 years and will be subject to a period
of notice of termination of 2 years. The administering Committee will not be
entitled to give notice of termination during the first 2 years of the
licences.
(3) The
charge for the licences will be £1,000 per annum or £1,500 per
annum depending on the accessibility of the car parking spaces, and will be
subject to 2 yearly reviews.
(4) In
the event that notice of termination is given by the administering Committee to
JTG (St. Helier) Limited the Finance and Economics Committee will be
entitled to make representations to the administering Committee if it feels that
the termination of the licence is not in the best interest of the Public.
(5) In
the event of any dispute arising after the grant of the licences, the Finance
and Economics Committee will represent JTG (St. Helier) Limited.
(6) The
administering Committee for the time being will consult JTG (St. Helier)
Limited with respect to any changes which are proposed to be made in the use of
the car park during the currency of any licence which may have been issued to
JTG (St. Helier) Limited.
Plan
of Telephone House, Minden Place, St. Helier
SCHEDULE 2
(Regulation 9)
ENGINEERING CENTRE AND MAST SITE, FIVE OAKS, ST. SAVIOUR
The buildings known as “The
Engineering Centre” with the land and appurtenances dependent thereto.
ITEM, the area of land to the north-west of “The Engineering
Centre” with the Telecommunications Mast and other relevant apparatus
constructed thereon. The whole of the premises described above joining together
and having been established by the Public of Jersey on not only part of the
immovable property to which it has right by a contract dated the 9th July 1971,
of hereditary purchase from the limited liability company known as “The Jersey
Farmers’ Co-operative Limited” but also on part of the immovable
property to which it has right by a contract dated the 1st August 1975, of
hereditary purchase from the said limited liability company known as “The
Jersey Farmers’ Co-operative Limited”.
The northern boundary
(the most easterly) of the premises towards the neighbouring Central Laundry
site owned by the Public of Jersey is constituted by an imaginary straight line
drawn between boundary points numbered “BP001” to
“BP005”, inclusive, as shown on a certain drawing prepared by the
company “Professional Hi-Tech Services Limited” dated October 2002,
and bearing the number “P 587 41”, (a reduced copy of which is
attached to this Schedule and which is hereinafter referred to in this Schedule
as “The Plan”), with a line being extended in an easterly direction
from boundary point number “BP001” (on the same alignment as
boundary points numbered “BP001” to “BP005”, inclusive,
shown on The Plan) until reaching the alignment of the eastern boundary of the
Central Laundry site owned by the Public of Jersey towards the neighbouring
property belonging to the limited liability company known as “The Guiton
Group Limited”.
The western, northern and
eastern boundaries of the premises described in this Schedule towards the
equipment room belonging to the Public of Jersey are constituted by imaginary
straight lines drawn between boundary points numbered “BP005” to
“BP008”, inclusive, shown on The Plan.
The eastern and northern
(the most northerly) boundaries of the mast site forming part of the premises
described in this Schedule, towards the Central Laundry site belonging to the Public
of Jersey, are constituted, firstly, by an imaginary straight line drawn
between boundary points numbered “BP007” to “BP009”, inclusive,
shown on The Plan and, secondly, an imaginary straight line extended in a
westerly direction from boundary point number “BP009” until
reaching the western boundary of the premises described in this Schedule
towards the neighbouring land bearing the number 381 on the 1981 edition
of the Ordnance Survey Map of Jersey.
The southern (by 2
sections), south-eastern (also by 2 sections) and south-western boundaries of
the premises described in this Schedule towards the property known as
“Les Amis” owned by the Public of Jersey are constituted by
imaginary straight lines drawn between boundary points numbered
“BP010” to “BP015”, inclusive, shown on The Plan with,
in addition and firstly, a line being extended in a westerly direction from
boundary point number “BP010” (on the same alignment as boundary
points numbered “BP010” and “BP011” shown on The Plan)
until reaching the alignment of the south-western boundary of the premises
described in this Schedule towards the neighbouring property belonging to the
limited liability company known as “Huelin (Jersey) Limited”, and
secondly, a line being extended in a south-easterly direction from boundary
point number “BP015” (on the same alignment as boundary points
numbered “BP014” and “BP015” as shown on The Plan)
until reaching the east boundary of the premises described in this Schedule
towards the neighbouring property known as “Maison Blanche”
belonging to Kathryn Florence Hotton, widow of Mr. Kenneth Edward Squire.
In respect of the above-mentioned
boundary points it is acknowledged as follows, namely –
(a) the line running between boundary points
numbered “BP004” and “BP005” (shown on The Plan)
follows the northern (exterior) face of the north wall of the building forming part
of the premises described in this Schedule towards the Central Laundry site
owned by the Public of Jersey. The northern wall of the said building forming part
of the premises described in this Schedule belongs in its entirety, and without
off-set, to the owner of the premises;
(b) the line running
between boundary points numbered “BP005” and “BP006”
(shown on The Plan) follows the centre line of the wall separating the
equipment room belonging to the Public of Jersey from the relevant building
forming part of the premises described in this Schedule. The separating wall in
question is and shall remain party-owned between the Public of Jersey (as owner
of the equipment room) and the owner of the premises described in this Schedule
to be repaired, replaced, rebuilt, maintained and upkept as such;
(c) the lines running between boundary points numbered
“BP006” to “BP008”, inclusive, (shown on the plan)
follow the alignment of the southern and western walls of the equipment room
belonging to the Public of Jersey towards the relevant part of the premises
described in this Schedule. These 2 walls of the equipment room belong, in
their entirety and without off-set, to the Public of Jersey;
(d) the lines drawn between
boundary points numbered “BP010” to “BP015”, inclusive,
(shown on The Plan) follow the alignment of the exterior faces of the relevant
sections of fencing separating the premises described in this Schedule from the
property known as “Les Amis” belonging to the Public of Jersey.
These sections of fencing belong, in their entirety and without off-set, to the
owner of the premises described in this Schedule; and
(e) all measurements relating to the said boundary points are in metric
and are set out and described in a certain document headed “Coordinate
and Descriptive Definition of Boundary Points” also prepared by the said company
“Professional Hi-Tech Services Limited” and bearing the number
“PHT 587 411” (and a reduced copy of which is also attached to this
Schedule).
The following specific
rights shall affect the premises described in this Schedule, namely –
(i) In order to
access the equipment room referred to above, the Public of Jersey shall have a
right of way and passage at all times and for all purposes in and across the
necessary parts only of the premises described in this Schedule (and the route
of which right of way can be altered by the owner of the premises described in
this Schedule on the provision of previous notice in writing of not less than 3
months to the Director of Jersey Airport). In exercising this right of way, the
Public of Jersey undertakes not to park any vehicles on the premises described
in this Schedule (other than those provided for under the terms of clause
“(ii)” of this Schedule) and not to place any obstructions on the
premises.
(ii) The
Public of Jersey (as owner of the said equipment room) shall have a right of
access whenever necessary (but only after having first provided the Chief
Executive Officer of Jersey Telecoms (or such other person who may be
designated from time to time) with previous notice in writing of not less than 2
weeks, except in cases of extreme emergency) with or without workmen,
materials, ladders and scaffolding on to the necessary parts only of the
premises described in this Schedule in order to repair, rebuild, replace,
heighten, clean, paint and generally maintain all and any relevant parts of the
equipment room including any relevant foundations dependent thereto (which, if
established beneath the premises described in this Schedule, can remain as at
present) and the parts of the roof, downpipes, gutters and fascias and the
aerial all established on and against the south and west walls of the equipment
room (and which can remain as established notwithstanding that they overhang
and encroach upon the premises described in this Schedule). This right of
access will include the right (but strictly only if necessary) for the Public
of Jersey to temporarily park a reasonable number of relevant vehicles on the
premises described in this Schedule in order to facilitate the works envisaged
by the terms of this clause (and this only in areas of the premises
reasonably stipulated from time to time by the said Chief Executive Officer of
Jersey Telecoms). The said right of access must be exercised as quickly as
possible, causing the least inconvenience possible and reinstating any affected
areas of the premises described in this Schedule to the reasonable satisfaction
of the said Chief Executive Officer of Jersey Telecoms (or such other person
who may be designated from time to time) immediately after completion of
relevant works.
(iii) The door, the various air vents, extractor units and other dependent
apparatus relating to the air conditioning system and all other cables, pipes
and other apparatus currently established in, on or against the north wall of
the relevant building dependent to the premises described in this Schedule (on
the line drawn between boundary points numbered “BP004” and
“BP005” shown on The Plan) can all remain as at present
notwithstanding that (a) the door and the air vents concerned are less than the
prescribed common law distance of 3 Jersey feet from the boundary in this area
and (b) all other items referred to in this clause encroach on to and over-hang
the relevant part of the Central Laundry site owned by the Public.
(iv) The raised cable bridge and its support posts (including, for the
avoidance of any doubt, the cables currently established with the said bridge
and connecting to the Telecommunications Mast hereinbefore referred to) can
remain as at present constructed and established partly upon the premises
described in this Schedule and partly upon the relevant part of the Central
Laundry site owned by the Public of Jersey. With the owner of the premises
described in this Schedule having the exclusive right to use the same and the
exclusive responsibility for the repair, replacement, renewal, cleaning,
general maintenance and ultimately (and, if relevant in the future due to no
remaining operational requirement) for the demolition and removal of all
relevant apparatus and reinstatement of the affected part of the property owned
by the Public of Jersey to the reasonable satisfaction of the Chief Executive
Officer of the States of Jersey Health and Social Services Department, all at
its sole expense.
(v) The owner of the premises described in this Schedule shall have a
right of access on to the necessary parts only of the Central Laundry site
belonging to the Public of Jersey (and this on the same terms and conditions
attaching to the right of access conferred upon the Public of Jersey (as owner
of the equipment room) by the terms of clause “(ii)” of this Schedule,
with or without workmen, materials, ladders and scaffolding in order to repair,
replace, rebuild, heighten, renew, paint, clean and generally maintain (a) the
northern wall of the building forming part of the premises described in this Schedule
(co-extensive with the line drawn between boundary points numbered
“BP004” and “BP005” shown on The Plan) and any
foundations relating thereto which may be established beneath the Central
Laundry site, and which can remain as at present, (b) the various items and
apparatus referred to and described in clauses “(iii)” and
“(iv)” of this Schedule and (c) the metal fencing established
entirely upon the premises and lying immediately to the south of the line
extended in a westerly direction from boundary point numbered
“BP009” shown on The Plan.
(vi) In order to more fully enclose the premises described in this Schedule
from the Central Laundry site belonging to the Public of Jersey on the line
drawn between boundary points numbered “BP001” to
“BP004”, inclusive, (shown on The Plan), it shall be lawful for the
owner of the premises to construct, at its own cost and subject to having
received any required prior consents from the competent authorities so to do, a
new gable, wall or fence, the northern (or exterior) face of which shall be
sited upon the afore-mentioned line drawn between boundary points numbered
“BP001” to “BP004”, inclusive, shown on The Plan. For
the avoidance of any doubt, it shall also be lawful for the owner of the
premises described in this Schedule to establish any reasonable foundations required
in connection with such a new gable, wall or fence beneath that part of the
Central Laundry site owned by the Public of Jersey lying immediately to the
north of and co-extensive with the line drawn between boundary points numbered
“BP001” to “BP004”, inclusive, shown on The Plan. In
addition, the owner of the premises described in this Schedule will be able to
maintain, as established, and to enlarge or reduce the existing width of the
entrance established in that part of the boundary line drawn between boundary
points numbered “BP001” and “BP002” (shown on The Plan)
in order to facilitate vehicle access and egress to and from that part of the
Central Laundry site which is currently the subject of an existing paper lease
agreement between the Public of Jersey and Jersey Telecoms. This latter
provision includes the right to establish any gates or barriers deemed
necessary across such entrance, provided that such gates or barriers open in to
the premises described in this Schedule and not on to any part of the Central
Laundry site.
(vii) The owner of the premises described in this Schedule shall have a
right of access on to the necessary parts only of that area of the Central
Laundry site lying to the north of and co-extensive with the line drawn between
boundary points numbered “BP001” to “BP004”, inclusive,
shown on The Plan, (and this on the same terms and conditions attaching to the
right of access conferred upon the Public of Jersey (as owner of the equipment
room) by the terms of clause “(ii)” of this Schedule), with or
without workmen, ladders and materials in order not only to construct and,
thereafter, to repair, replace, rebuild, heighten, clean, paint and generally
maintain and upkeep the gable, wall or fence and relevant foundations envisaged
by the terms of clause “(vi)” of this present Schedule but also to
establish and, thereafter, to repair, replace, clean, paint and generally
maintain the gates or barriers also envisaged by the terms of clause
“(vi)” of this Schedule. Any new gable, wall or fence constructed
in the manner provided for by the relevant terms of clause “(vi)”
of this Schedule shall, once completed, remain the absolute property, without
off-set, of the owner of the premises.
(viii) The owner of the premises described in this Schedule shall have a
right of access on to the necessary parts only of the property known as
“Les Amis” belonging to the Public of Jersey (and this on the same
terms and conditions attaching to the right of access conferred upon the Public
of Jersey (as owner of the equipment room) by the terms of clause
“(ii)” of this Schedule, with or without workmen, ladders and
materials in order to repair, replace, rebuild, heighten, renew, paint, clean
and generally maintain the existing sections of fencing on the southern,
south-eastern and south-western sides of the premises described in this Schedule
towards the said property known as “Les Amis”.
(ix) Any pipes, cables, conduits and other apparatus relevant to the
provision of any of the main services (including drainage) to the premises
described in this Schedule, and which may be currently established beneath or
across any part of the Central Laundry site, the equipment room and the
property known as “Les Amis” all belonging to the Public of Jersey,
can remain as at present.
(x) Reciprocally, any pipes, cables, conduits and other apparatus
concerning the provision of any of the main services (including drainage) to
the Central Laundry site, the equipment room and the property known as
“Les Amis” all belonging to the Public of Jersey, and which may be
currently established beneath and across the premises described in this Schedule,
can remain as at present.
(xi) The owner of the premises described in this Schedule and the Public
of Jersey (as owner of the Central Laundry site, the equipment room and the
property known as “Les Amis”) shall have reciprocal rights of
access on to each other’s property (on the same terms and conditions
attaching to the right of access conferred upon the Public of Jersey (as owner
of the equipment room) by the terms of clause “(ii)” of this Schedule),
with or without workmen and materials in order to repair, replace, renew,
unblock, unfreeze, clean and generally to maintain any of the service apparatus
covered by the terms of clauses “(ix)” and “(x)” of
this Schedule. The whole on condition that (a) any parts of such service
apparatus serving relevant property owned by the Public of Jersey and the
premises described in this Schedule in common shall be repaired, replaced,
renewed, unblocked, unfrozen, cleaned and maintained at common cost by the Public
of Jersey and the owner of the premises and (b) the owner of the premises
described in this Schedule and the Public of Jersey shall each have the right
to relocate such service apparatus established on their respective properties
provided that previous notice in writing to the other party of not less than 6
months is given and provided also that any relevant works are carried out by
competent contractors at the cost of the party proposing the relocation, after
having received any required consents from the competent authorities, and to
the reasonable satisfaction of the other party.
Finally, it is
acknowledged that the agreed continuing use of part of the aforementioned
Telecommunications Mast forming part of the premises described in this Schedule
by the Public of Jersey is to be covered by the terms of a separate and
subsequent formal agreement between the owner of the premises described in this
Schedule and the Public of Jersey. A copy of a brief summary of the agreed main
heads of terms of this arrangement is also attached to this Schedule.
The other boundaries of
the premises described in this Schedule, and other relevant rights attaching
thereto, being as set out and described in, firstly, the said contract dated
the 9th July 1971, of hereditary purchase by the Public of Jersey from the
said limited liability company known as “The Jersey Farmers’
Co-operative Limited”, which contract is enrolled in the Public Registry
of Contracts, book RP 584, page 483, secondly, the said contract dated the 1st
August 1975, of hereditary purchase by the Public of Jersey from the said limited
liability company known as “The Jersey Farmers’ Co-operative
Limited” which contract is enrolled in the Public Registry of Contracts,
book RP 641, page 396, thirdly, a certain contract also dated also the 1st
August 1975 of hereditary purchase by the said company “The Guiton
Group Limited”, under its former name of “W.E. Guiton and Company
Limited”, from the said limited liability company known as “The
Jersey Farmers’ Co-operative Limited”, which contract is enrolled
in the Public Registry of Contracts, book RP 641, page 401, and to which
contract the Public of Jersey was a party, fourthly, a contract dated the 5th
September 1997, of hereditary sale of a small piece of land by the Public
of Jersey to the afore-mentioned Kathryn Florence Hotton, widow of Mr. Kenneth
Edward Squire, which contract is enrolled in the Public Registry of Contracts,
book RP 1038, page 38, and fifthly, a certain contract dated the 15th March 2002,
of lease of electrical sub-station sites numbered “472” and
“446”, and associated rights, by the Public of Jersey to the
limited liability company known as “The Jersey Electricity Company
Limited”, which contract is enrolled in the Public Registry of Contracts,
book RP 1134, page 102; have recourse to all 5 of these contracts.
The said premises are
situated in the Parish of St. Saviour, in the Vingtaine of Pigneaux, and
are in the state and condition in which they are currently found with all their
faults apparent or hidden, should same exist.
Summary
of Principal Heads of Agreement for Continued Exclusive Use of Part of the Mast
by the Public
(1) The
Public will retain the right in perpetuity to the exclusive use of levels 17, 18
and 19 of the mast (“the upper mast structure”) for the
purpose of placing radio equipment thereon.
(2) The
Public will have all such rights of access as may be necessary both to the mast
and to the Equipment Room (which is to be retained by the Public) over the land
transferred by the Public to the company.
(3) The
Public will have the right to relinquish its right to the exclusive use of the
upper mast structure on giving 5 years' notice in writing.
(4) For
the first 42 years the Public will pay an annual licence fee of 10% of the cost
of the maintenance and insurance of the mast. Thereafter the Public will pay a
commercial rent.
(5) The
Public will have right to park vehicles on the land when attending to the upper
mast structure or the Equipment Room.
(6) The
Public will grant the company access into the Equipment Room if necessary for
the purpose of repairing the wall of the company’s building.
(7) The
company will be responsible for the maintenance and insurance of the mast,
while the Public will be responsible for the safety of all fixtures installed
on the upper mast structure.
Reduced
Copy of Plan P 587 41 of Engineering Centre and Mast Site, Five Oaks,
St. Saviour
SCHEDULE 3
(Regulation 10)
TRANSFERS TO JTG (PARISHES) LIMITED
PART 1
THE REPEATER STATION, TRINITY GARDENS, ST. HELIER
The building known as “The
Repeater Station” with the land and other appurtenances dependent
thereto, to which premises the Public of Jersey has right by a contract dated
the 29th December 1972, of hereditary purchase from the Post Office.
The eastern boundary of
the premises towards the property known as “Faux Bie Terrace” owned
by the Public of Jersey is constituted by an imaginary straight line drawn
between boundary points numbered “BP001”, “BP002” and
“BP003” as shown on a certain drawing prepared by the company
“Professional Hi-Tech Services Limited” dated October 2002,
and bearing the number “P 587 31”, (a reduced copy of which is
attached to this part of this Schedule).
The line drawn between
these boundary points follows the alignment of the exterior (western) faces of
the walls currently separating the premises from “Faux Bie Terrace”
in this area and which walls are in the absolute ownership, without off-set, of
the Public of Jersey.
All measurements relating
to the said boundary points are in metric and are set out and described in a
certain document headed “Coordinate and Descriptive Definition of the
Boundary Points” also prepared by the said company “Professional
Hi-Tech Services Limited” and bearing the number “PHT 587
311” (and a reduced copy of which is also attached to this part of this Schedule).
The following specific
rights shall affect the premises described in this part of this Schedule,
namely –
(i) The
Public of Jersey (as owner of “Faux Bie Terrace”) shall have a
right of access whenever necessary (but only after having provided the Chief
Executive of Jersey Telecoms (or such other person who may be designated from
time to time) with previous notice in writing of not less than 2 weeks, except
in cases of extreme emergency) with or without workmen, materials, ladders and
scaffolding on to the necessary parts only of the premises described in this Schedule
in order to repair, rebuild, replace, paint, clean, heighten and generally
maintain not only the said boundary walls (referred to above) forming part of
“Faux Bie Terrace” but also any relative foundations dependent
thereto (and any sections of which currently established beneath and across the
premises described in this Schedule can remain as at present). This right of
access is to be exercised as quickly as possible, causing the least
inconvenience possible and reinstating any affected areas of the premises
described in this Schedule to the reasonable satisfaction of the said Chief
Executive Officer of Jersey Telecoms (or such other person who may be
designated from time to time) immediately after completion of relevant works.
(ii) Notwithstanding
the provisions of the previous clause (i) of this part of this Schedule,
it shall be lawful for the owner of the premises described in this part of this
Schedule to establish on and against the said boundary walls dependent to
“Faux Bie Terrace” such security fencing that the owner shall deem
necessary and appropriate (and subject always to the prior receipt of any
required permissions from the competent authorities so to do), together with a
right of access for the owner of the premises described in this part of this Schedule,
(on the same terms and conditions as are attached to the right of access
conferred upon the Public of Jersey by the provisions of clause (i) of
this part of this Schedule), with or without workmen and materials on to the
necessary parts only of “Faux Bie Terrace” in order both to erect
and, thereafter, to repair, renew, replace, clean and maintain such security
fencing.
(iii) The
large tree currently growing near the south-east corner of the premises
described in this part of this Schedule shall be permitted to remain as
established notwithstanding that a number of the branches dependent thereto
encroach over and above “Faux Bie Terrace”, with the owner of the said
premises having a right of access (on the same terms and conditions attaching
to the right of access conferred upon the Public of Jersey by the provisions of
clause (i) of this part of this Schedule), on to the necessary parts only
of “Faux Bie Terrace” with or without workmen, materials and
ladders in order to cut back and lop, as necessary, the branches of the said tree.
It being clearly understood that the owner of the premises described in this part
of this Schedule shall be responsible for ensuring that any guttering on
“Faux Bie Terrace” affected by falling leaves and branches from the
tree is regularly cleaned and kept free from any relevant obstructions, the
whole to the reasonable satisfaction of the Chief Executive Officer of the
States of Jersey Housing Department (or such other person who may be designated
from time to time).
The other boundaries of
the premises described in this part of this Schedule, and other relevant rights
attaching thereto, being as set out and described not only within the said contract
of purchase dated the 29th December 1972, by the Public of Jersey from the
said Post Office, which contract is enrolled in the Public Registry of
Contracts, book RP 606, page 301, but also within 2 subsequent Deeds, the first
being a Deed of Exchange and Counter-Exchange entered in to between the Public
of Jersey and the limited liability company known as “Springfield Road
(Garage Properties) Limited” completed before the Royal Court on the 27th
August 1993, which contract is also enrolled in the Public Registry of
Contracts, book RP 949, page 001, and the second being a Deed of Arrangement
entered in to between the Public of Jersey and the limited liability company
known as “Antler Properties C.I. Limited”, completed before the
Royal Court on the 16th February 2001, and also enrolled in the Public
Registry of Contracts, book RP 1112, page 433; have recourse to all 3
contracts.
The said premises are
situated in the Parish of St. Helier, in the Vingtaine of Bas du Mont au
Prêtre, and are in the state and condition in which they are currently
found with all their faults apparent or hidden, should same exist.
Reduced
Copy of Plan P 587 31 of the Repeater Station, Trinity Gardens, St. Helier
PART 2
THE EAST EXCHANGE, LA RUE DES FONDS,
GROUVILLE
The building known as “The
East Exchange” with the land and other appurtenances dependent thereto,
to which premises the Public of Jersey has right by a contract dated the 26th
August 1939, of hereditary sale, cession and transfer from the Trustees of
“The Jersey Female Orphan’s Home”.
The southern, western (by
2 sections) and south-western boundaries of the premises towards the property
known as “Le Clos de l’Eglise” owned by the Public of Jersey
are constituted by imaginary straight lines drawn between boundary points
numbered “BP001” to “BP005”, inclusive, as shown on a
certain drawing prepared by the company “Professional Hi-Tech Services
Limited” dated October 2002, and bearing the number “P 587
51”, (a reduced copy of which is attached to this part of this Schedule),
with in addition and firstly, a line being extended in a northerly direction
from boundary point number “BP001” (on the same alignment as
boundary points “BP001” and “BP002”) until reaching the
northern extremity of the premises described in this part of this Schedule
towards the neighbouring field bearing the number “265” on the 1981
edition of the ordnance survey map of Jersey and, secondly, a line being
extended east from boundary point “BP005” (on the same alignment as
boundary points “BP004” and “BP005”) until reaching the
eastern extremity of the premises described in this part of this Schedule
towards the public highway known as “La Rue des Fonds”.
The lines drawn between
the boundary points referred to above follow the alignment of the southern,
western and south-western (exterior) faces of the rendered concrete block walls
currently separating the premises described in this part of this Schedule from
the property known as “Le Clos de l’Eglise” belonging to the Public
of Jersey and which walls belong in their entirety, and without off-set, to the
owner of the premises described in this part of this Schedule.
All measurements relating
to the said boundary points are in metric and are set out and described in a
certain document headed “Coordinate and Descriptive Definition of the
Boundary Points” also prepared by the said company “Professional
Hi-Tech Services Limited” and bearing the number “PHT 587
511” (and a reduced copy of which is also attached to this part of this Schedule).
The following specific
rights shall affect the premises described in this part of this Schedule,
namely –
(i) The owner of the
premises described in this part of this Schedule shall have a right of access
whenever necessary (but only after having first provided the Chief Executive
Officer of the States of Jersey Housing Department (or such other person who
may be designated from time to time) with previous notice in writing of not
less than 2 weeks, except in cases of extreme emergency) with or without
workmen, materials, ladders and scaffolding on to the necessary parts only of
“Le Clos de l’Eglise” in order to repair, rebuild, replace,
clean and generally maintain not only the said boundary walls (referred to above)
forming part of the premises described in this part of this Schedule but also
any relative foundations dependent thereto (and any sections of which currently
established beneath and across “Le Clos de l’Eglise” can
remain as at present). This right of access is to be exercised as quickly as
possible, causing the least inconvenience possible and reinstating any affected
areas of “Le Clos de l’Eglise” to the reasonable satisfaction
of the said Chief Executive Officer of the States of Jersey Housing Department
(or such other person who may be designated from time to time) immediately
after completion of relevant works.
(ii) Any
pipes, cables, conduits and other apparatus relevant to the provision of any of
the main services (including drainage) to the premises described in this part
of this Schedule and which may be currently established beneath and across any part
of “Le Clos de l’Eglise” can remain as at present.
(iii) Reciprocally,
any pipes, cables, conduits and other relevant apparatus concerning the
provision of any of the main services (including drainage) to “Le Clos de
l’Eglise” and which may be currently established beneath and across
the premises described in this part of this Schedule can remain as at present.
(iv) The
owner of the premises described in this part of this Schedule and the Public of
Jersey (as the owner of “Le Clos de l’Eglise”) shall have
reciprocal rights of access on to each other’s property (on the same
terms and conditions attaching to the right of access conferred upon the owner
of the premises by the terms of clause (i) of this part of this Schedule),
with or without workmen and materials in order to repair, replace, renew,
unblock, unfreeze, clean and generally to maintain any of the service apparatus
described and envisaged under the terms of clauses (ii) and (iii) of this part
of this Schedule. The whole on condition that (a) any parts of such service
apparatus serving “Le Clos de l’Eglise” and the premises
described in this part of this Schedule in common shall be repaired, replaced,
renewed, unblocked, unfrozen, cleaned and maintained at common cost by the Public
of Jersey and the owner of the premises, and (b) the owner of the premises
described in this part of this Schedule and the Public of Jersey (as owner of
“Le Clos de l’Eglise”) shall each have the right to relocate
such service apparatus established on their respective properties provided that
previous notice in writing to the other party of not less than 6 months in
writing is given and provided also that any relevant works are carried out by
competent contractors at the cost of the party proposing the relocation, after
having received any required consents from the competent authorities, and to
the reasonable satisfaction of the other party.
The other boundaries of
the premises described in this part of this Schedule, and other relevant rights
attaching thereto, being as set out and described not only within the said contract
dated the 26th August 1939, of hereditary sale, cession and transfer by
the Trustees of “The Jersey Female Orphan’s Home” to the Public
of Jersey, which contract is enrolled in the Public Registry of Contracts, book
RP 436A, page 206, but also within a subsequent Deed of Lease and
hereditary cession and transfer of rights by the Public of Jersey to the
limited liability company known as “The Jersey Electricity Company
Limited” completed before the Royal Court on the 22nd March 1996,
which contract is also enrolled in the Public Registry of Contracts, book RP
1007, page 459; have recourse to both contracts.
The said premises are
situated in the Parish of Grouville, in the Vingtaine of Marais, and are in the
state and condition in which they are currently found with all their faults
apparent or hidden, should same exist.
Reduced
Copy of Plan P 587 51 of the East Exchange Premises, La Rue des Fonds,
Grouville
PART 3
THE SOUTH EXCHANGE, LA ROUTE ORANGE, ST. BRELADE
The building known as “The
South Exchange” with the land and other appurtenances dependent thereto,
which premises were established by the Public of Jersey on part of the real
property to which it has right by a contract dated the 20th June 1925,
of hereditary purchase from Amy Helena Le Gallais, wife of Hubert Archer
Wilding Creaghe, Esq.
The northern and eastern
(by a small section) boundaries of the premises towards the neighbouring
footpath and land forming part of the development known as “Clos des
Sables” belonging to the Public of Jersey are constituted by imaginary
straight lines drawn between boundary points numbered “BP010” to
“BP015” inclusive as shown on a certain drawing prepared by the
company “Professional Hi-Tech Services Limited” dated October 2002,
and bearing the number “P 587 11”, (a reduced copy of which is
attached to this part of this Schedule and which is hereinafter referred to in
this part of this Schedule as “The Plan”), with a line being
extended in a westerly direction from boundary point number “BP015”
(on the same alignment as boundary points numbered “BP013”,
“BP014” and “BP015” shown on The Plan) until reaching
the western extremity of the premises described in this part of this Schedule
(towards the neighbouring property known as number 4 “The
Terrace”).
The south-eastern
boundary of the premises towards the open car park owned by the Public of
Jersey is constituted by an imaginary straight line drawn between boundary
points numbered “BP009” and “BP010” shown on The Plan.
The southern, western (by
a small section) and eastern (also by a small section) boundaries of the
premises towards the footpath dependent to the main road known as “La
Route Orange” belonging to the Public of Jersey are constituted by
imaginary straight lines drawn between boundary points numbered
“BP002” to “BP009”, inclusive, shown on The Plan.
The western boundary of
the premises towards the footpath forming part of the development known as
“Clos des Sables” belonging to the Public of Jersey is constituted
by an imaginary straight line drawn between boundary points numbered
“BP001” and “BP002” shown on The Plan.
In respect of the above-mentioned
boundary points it is acknowledged as follows, namely –
(a) the
lines running between boundary points numbered “BP011” to
“BP014”, inclusive, (shown on The Plan) follow, firstly, the
alignment of the northern and eastern (by a small section only) faces of the
north and east gables of the exchange building and, secondly, the alignment of
the northern face of the small concrete block rendered wall (with coping above)
to the east of those gables and adjoining thereto. The sections of gable and
wall concerned belong in their entirety, but without off-set, to the owner of
the premises described in this part of this Schedule;
(b) the
relevant part of the line drawn between boundary points numbered
“BP009” and “BP010” (shown on The Plan) follows the
alignment of the north-west face of the base of the granite wall currently
separating the premises described in this part of this Schedule from the open
car park belonging to the Public of Jersey. This wall is in the absolute
ownership of the Public of Jersey, without off-set;
(c) the
lines drawn between boundary points numbered “BP002” to
“BP009”, inclusive, (shown on The Plan) follow the exterior faces
of the relevant sections of wall and gate pillars on the south side of the
premises described in this part of this Schedule towards the footpath dependent
to the main road known as “La Route Orange” belonging to the Public
of Jersey. These sections of wall and gate pillars belong in their entirety,
but without off-set, to the owner of the premises described in this part of
this Schedule;
(d) the
line drawn between boundary points numbered “BP001” and
“BP002” (shown on The Plan) follows the alignment of the exterior
foot of the grass bank currently separating the premises described in this part
of this Schedule on the relevant part of the western side thereof from the
afore-mentioned footpath forming part of the development known as “Clos
des Sables” belonging to the Public of Jersey. The said grass bank
belongs in its entirety, without off-set, to the owner of the premises
described in this part of this Schedule; and
(e) all
measurements relating to the said boundary points are in metric and are set out
and described in a certain document headed “Coordinate and Descriptive
Definition of Boundary Points” also prepared by the said company
“Professional Hi-Tech Services Limited” and bearing the number
“PHT 587 111” (and a reduced copy of which is also attached to this
part of this Schedule).
The following specific
rights shall affect the premises described in this part of this Schedule,
namely –
(i) The Public of
Jersey (as owner of the afore-mentioned open car park) shall have a right of
access whenever necessary (but only after having first provided the Chief
Executive Officer of Jersey Telecoms (or such other person who may be
designated from time to time) with previous notice in writing of not less than 2
weeks, except in cases of extreme emergency) with or without workmen,
materials, ladders and scaffolding on to the necessary parts only of the
premises described in this Schedule in order to repair, rebuild, replace,
heighten and generally maintain not only the said granite wall (referred to above)
forming part of the said open car park but also any relevant foundations
dependent thereto (and any sections of which currently established beneath and
across the premises described in this part of this Schedule can remain as at
present). This right of access is to be exercised as quickly as possible,
causing the least inconvenience possible and reinstating any affected areas of
the premises described in this part of this Schedule to the reasonable
satisfaction of the said Chief Executive Officer of Jersey Telecoms (or such
other person who may be designated from time to time) immediately after
completion of relevant works.
(ii) The
owner of the premises described in this part of this Schedule shall have a
right of way and passage at all times and for all purposes in and across not
only the section of footpath and road forming part of the development known as
“Clos des Sables” lying immediately to the north of and
co-extensive with the vehicular entrance established in the north-west corner
of the premises (as shown on The Plan) but also across the extensions of the
road in a westerly and then southerly direction in order to come and go from
the premises to “La Route Orange”. With the owner of the premises
described in this part of this Schedule being contractually bound, firstly, not
(at any time) to park on any parts of the road and footpath referred to in this
clause or to place any obstructions thereon and, secondly, to contribute its
fair proportion of the costs of the maintenance, upkeep and repair of the road
and the footpath referred to in this clause jointly with others having the
legal right to make use of same (and including the Public of Jersey, as the
owner thereof).
(iii) For
the avoidance of any doubt, and in order to facilitate the right of way and
passage conferred by the terms of clause “(ii)” of this part of
this Schedule, the owner of the premises described in this part of this Schedule
shall be entitled, firstly, to keep as established the existing vehicular
entrance in the north-west corner of the premises (as shown on The Plan) and,
secondly, to establish in and across that entrance such gates or other barriers
deemed necessary and appropriate, provided that such gates or barriers open in
to the premises and not on to the footpath and section of road belonging to the
Public of Jersey.
(iv) The parts
of the roof and fascia and established above and against the northern and
eastern sections of gable (the most northerly) of the exchange building forming
part of the premises described in this part of this Schedule, and which
currently overhang and encroach upon the footpath forming part of the
development known as “Clos des Sables” belonging to the Public of
Jersey, can remain as at present.
(v) The owner of the
premises described in this part of this Schedule shall have a right of access
on to the necessary parts only of the footpath and land forming part of the
development known as “Clos des Sables” belonging to the Public of
Jersey lying to the north and to the east (by a small section) of the premises
(and this on the same terms and conditions attaching to the right of access
conferred upon the Public of Jersey (as owner of the open car park) by the
terms of clause “(i)” of this part of this Schedule), with or
without workmen and materials in order to repair, replace, rebuild, heighten,
renew, paint, clean and generally maintain all necessary parts of any of the
north and east gables of the exchange building forming part of the premises
described in this part of this Schedule, the afore-mentioned small concrete
block rendered wall (with coping above) and the parts of the roof and fascia
referred to in clause “(iv)” of this part of this Schedule, with
the added proviso that it will impede as little as is practicably possible so
to do the use of the footpath belonging to the Public of Jersey by residents of
the area and members of the general public and, should it become necessary for
the footpath to be closed for the duration of relevant works, the owner of the
premises will take all reasonable steps to safely secure the area to prevent
public access during relevant works.
(vi) The
owner of the premises described in this part of this Schedule shall have a
right of access on to the necessary parts only of the footpath forming part of
the development known as “Clos des Sables” owned by the Public of
Jersey to the north of the premises (and this on the same terms and conditions
attaching to the right of access conferred upon the Public of Jersey (as the
owner of the open car park) by the terms of clause “(i)” of this part
of this Schedule) with or without workmen and materials in order not only to
establish but also, thereafter, to repair, replace, clean, paint and maintain
any gates or other barriers as envisaged by the terms of clause
“(iii)” of this part of this Schedule.
(vii) The Public of Jersey (as
owner of the land lying in part to the north of the premises described in this part
of this Schedule and forming part of the said development known as “Clos
des Sables”) shall have the right to join against the northern face of
the said small concrete block rendered wall (with coping above) forming part of
the premises described in this part of this Schedule, and this for the benefit
of the raised log border currently established in this area and for any
replacement thereof in the future.
(viii) In order properly to enclose the premises described in this part of
this Schedule on the north side thereof from the land belonging to the Public
of Jersey (that is to say on the line drawn between boundary points numbered
“BP010” and “BP011” shown on The Plan), it shall be
lawful for the owner of the premises to construct, at its own cost and subject
to having received any required prior consents from the competent authorities
so to do, a new wall or fence the northern (or exterior) face of which shall be
sited upon the aforementioned line drawn between boundary points numbered
“BP010” and “BP011” shown on The Plan. For the
avoidance of any doubt, it shall also be lawful for the owner of the premises
described in this part of this Schedule firstly, to abut the granite wall
separating the premises from the open car park belonging to the Public of
Jersey with the eastern end of any such new wall or fence and, secondly, to
establish any reasonable foundations required in connection with such a new
wall or fence beneath the land owned by the Public of Jersey immediately to the
north of this section of the boundary line.
(ix) The owner of the premises described in this part of this Schedule
shall have a right of access on to the necessary parts only of the land forming
part of the development known as “Clos des Sables” belonging to the
Public of Jersey to the north of the line drawn between boundary points
numbered “BP010” and “BP011” shown on The Plan, (and
this on the same terms and conditions attaching to the right of access
conferred upon the Public of Jersey (as owner of the open car park) by the
terms of clause “(i)” of this part of this Schedule), with or
without workmen, scaffolding, ladders and materials in order to construct and,
thereafter, to repair, replace, rebuild, heighten, clean, paint and generally
maintain the wall or fence envisaged by the terms of clause “(vii)”
of this part of this Schedule. Any such wall or fence constructed on this
boundary line shall, once completed, remain the absolute property, without
off-set, of the owner of the premises.
(x) Within 12 months of the 1st January 2003, the owner of the
premises described in this part of this Schedule shall construct a new
retaining wall of one metre in height in replacement of the existing grass bank
on part of the west side of the premises towards the footpath forming part of
the development known as “Clos des Sables” belonging to the Public
of Jersey, with the exterior (western) face of the wall being sited upon the
line drawn between boundary points numbered “BP001” and
“BP002” shown on The Plan. It being clearly understood that works
relating to the construction of the wall shall only be undertaken once any
relevant and required consents have been obtained by the owner of the premises
from the competent authorities and which consents shall be sought by the owner
of the premises without undue delay. In addition, the owner of the premises
shall have the right to establish all necessary and reasonable foundations
relating to this wall beneath the footpath owned by the Public of Jersey and,
once constructed, the wall shall remain the absolute property, without off-set,
of the owner of the premises.
(xi) The owner of the premises described in this part of this Schedule
shall have a right of access on to the necessary parts only of the footpath
belonging to the Public of Jersey forming part of the development known as
“Clos des Sables” and lying in part to the west of the premises,
(and this on the same terms and conditions attaching to the right of access
conferred upon the Public of Jersey (as owner of the open car park) by the
terms of clause “(i)” of this part of this Schedule), with or
without workmen and materials, not only to construct but, thereafter, to
repair, replace, rebuild, clean, paint and generally maintain the retaining
wall envisaged by the terms of clause “(ix)” of this part of this Schedule.
With the added proviso that the owner of the premises shall impede as little as
is practicably possible so to do the use of this footpath by residents of the area
or members of the general public and, should it become necessary for the
footpath to be closed for the duration of relevant works, the owner of the
premises will take all reasonable steps to safely secure the area to prevent
public access during relevant works.
(xii) The 2 trees currently growing near the south-west corner of the
premises described in this part of this Schedule shall be permitted to remain
as established notwithstanding that a number of the branches dependent thereto
encroach over and above the footpath forming part of the development known as
“Clos des Sables” belonging to the Public of Jersey, with the owner
of the premises having a right of access (on the same terms and conditions
attaching to the right of access conferred upon the Public of Jersey, as owner
of the open car park, by the terms of clause “(i)” of this part of
this Schedule) on to the necessary parts only of the footpath with or without
workmen, materials and ladders in order to cut back and lop, as necessary, the
branches of the said tree. In exercising this right of access, the owner of the
premises is bound to ensure that use of the footpath by residents of the area
or members of the general public is impeded as little as it is practicably
possible so to do.
(xiii) Any pipes, cables, conduits and other apparatus relevant to the
provision of any of the main services (including drainage) to the premises
described in this part of this Schedule and which may be currently established
beneath or across any part of the property in the area belonging to the Public
of Jersey can remain as at present.
(xiv) Reciprocally, any pipes, cables, conduits and other relevant
apparatus concerning the provision of any of the main services (including
drainage) to the property owned by the Public of Jersey in the area and which
may be currently established beneath and across the premises described in this part
of this Schedule can remain as at present.
(xv) The owner of the premises described in this part of this Schedule
and the Public of Jersey (as owner of relevant property in the area) shall have
reciprocal rights of access on to each other’s property (on the same
terms and conditions attaching to the right of access conferred upon the Public
of Jersey, as owner of the open car park, by the terms of clause “(i)”
of this part of this Schedule), with or without workmen and materials in order
to repair, replace, renew, unblock, unfreeze, clean and generally maintain any
of the service apparatus covered by the terms of clauses “(xii)”
and “(xiii)” of this part of this Schedule. The whole on condition
that (a) any parts of such service apparatus serving relevant property owned by
the Public of Jersey and the premises described in this part of this Schedule
in common shall be repaired, replaced, renewed, unblocked, unfrozen, cleaned
and maintained at common cost by the Public of Jersey and the owner of the
premises and (b) the owner of the premises described in this part of this Schedule
and the Public of Jersey shall each have the right to relocate such service
apparatus established on their respective properties provided that previous
notice in writing to the other party of not less than 6 months is given and
provided also that any relevant works are carried out by competent contractors
at the cost of the party proposing the relocation, after having received any
required consents from the competent authorities, and to the reasonable
satisfaction of the other party.
The other boundaries of
the premises described in this part of this Schedule and other relevant rights
attaching thereto, being as set out and described not only within the said contract
dated the 20th June 1925, of hereditary purchase by the Public of
Jersey from the said Amy Helena Le Gallais, married woman as aforesaid, which contract
is enrolled in the Public Registry of Contracts, book RP 395, page 252, but
also within a subsequent contract of hereditary sale by the Public of Jersey of
the neighbouring property numbered “4 The Terrace” to Mr. Harry
George Fenn completed before the Royal Court on the 16th May 1953,
which contract is also in enrolled in the Public Registry of Contracts, book RP
458C, page 55; have recourse to both contracts.
The said premises are
situated in the Parish of St. Brelade, in the Vingtaine of Quennevais, and are
in the state and condition in which they are currently found with all their
faults apparent or hidden, should same exist.
Reduced
Copy of Plan P 587 11 of the South Exchange Premises, La Route Orange,
St. Brelade
PART 4
THE NORTH EXCHANGE, LE CHEMIN DE HERUPE, ST. JOHN
The building known as “The
North Exchange” with the land and appurtenances dependent thereto, all
established by the Public of Jersey on the southern part, or thereabouts, of a
piece of land known as “Le Parquet” to which the Public of Jersey
has right by a contract dated the 19th November 1949, of hereditary
purchase from Mr. Lyndon Lawrence Bichard.
The northern,
north-western and north-north-eastern boundaries of the premises towards the
neighbouring property being the original “North Telephone Exchange”
belonging to the Public of Jersey are constituted by imaginary straight lines
drawn between boundary points numbered “BP001” to
“BP006”, inclusive, as shown on a certain drawing prepared by the
company “Professional Hi-Tech Services Limited” dated October 2002,
and bearing the number “P 587 21”, (a reduced copy of which is
attached to this part of this Schedule and which is hereinafter referred to in
this part of this Schedule as “The Plan”), with a line being
extended in an easterly direction from boundary point number
“BP006” (on the same alignment as boundary points numbered
“BP005” and “BP006” shown on The Plan) until reaching
the eastern extremity of the premises described in this part of this Schedule
(towards the neighbouring land bearing the number 1025 on the 1981 edition
of the Ordnance Survey Map of Jersey).
In respect of the above-mentioned
boundary points it is acknowledged as follows, namely –
(a) the
lines running between boundary points numbered “BP003” to
“BP006”, inclusive, (shown on The Plan) follow the northern,
north-western and north-north-eastern, faces of certain concrete block walls
currently separating the premises described in this part of this Schedule in
this area from the original “North Telephone Exchange” premises
belonging to the Public of Jersey. The sections of concrete block wall
concerned belong in their entirety, but without off-set, to the owner of the
premises described in this part of this Schedule; and
(b) all
measurements relating to the said boundary points are in metric and are set out
and described in a certain document headed “Coordinate and Descriptive
Definition of Boundary Points” also prepared by the said company
“Professional Hi-Tech Services Limited” and bearing the number
“PHT 587 211” (and a reduced copy of which is also attached to this
part of this Schedule).
The following specific
rights shall affect the premises described in this part of this Schedule,
namely –
(i) The Public of
Jersey (as owner of the afore-mentioned original “North Telephone
Exchange” premises) shall have a right of way and passage at all times
and for all purposes in and across the southern and south-western extremities
of the premises described in this part of this Schedule in order to come and go
from the said original “North Telephone Exchange” premises
belonging to the Public of Jersey to the main road known as “Le Chemin de
Herupe”. The Public of Jersey being contractually bound, firstly, not (at
any time) to park on any parts of the premises described in this part of this Schedule
or to place any obstructions thereon and, secondly, to contribute its fair
proportion of the costs of the maintenance and repair of the relevant parts of
the premises described in this part of this Schedule encumbered with the terms
of the said right of way.
(ii) In
order to facilitate not only the right of way referred to in clause “(i)”
of this part of this Schedule but also the turning of vehicles both on the said
premises described in this part of this Schedule and the original “North
Telephone Exchange” premises belonging to the Public of Jersey, no enclosure
or other structure of any kind shall be placed or established by the owner of
the premises on or in close proximity to that part of the line running between
boundary points numbered “BP001” and “BP002” (shown on
The Plan).
(iii) In order
further to enclose the premises described in this part of this Schedule on the
north-north-eastern side thereof from the original “North Telephone
Exchange” premises belonging to the Public of Jersey (that is to say on
the line drawn between boundary points numbered “BP002” and
“BP003” shown on The Plan), it shall be lawful for the owner of the
premises to construct, at its own cost and subject to having received any
required prior consents from the competent authorities so to do, a new wall or
fence the north-north-eastern (or exterior) face of which shall be sited upon
the afore-mentioned line drawn between boundary points numbered
“BP002” and “BP003” shown on The Plan. For the
avoidance of any doubt, it shall also be lawful for the owner of the premises
described in this part of this Schedule to establish any reasonable foundations
required in connection with such a new wall or fence beneath the land owned by
the Public of Jersey immediately to the north-north-east of this section of the
boundary line.
(iv) In order
to provide additional security for the benefit of the premises described in
this part of this Schedule, it shall also be lawful for the owner of the
premises to construct upon not only the existing concrete block walls on the
northern, on the north-western and on part of the north-north-eastern sides of
the premises but also upon the wall envisaged by the terms of clause
“(iii)” of this part of this Schedule adequate security fencing of
a type and nature and of a height approved in advance and in writing by the
relevant competent authorities.
(v) The owner of the
premises described in this part of this Schedule shall have a right of access
whenever necessary (but only after having first provided the Chief Executive
Officers of both the States of Jersey Health and Social Services and Housing
Departments (or such other persons who may be designated from time to time)
with previous notice in writing of not less than 2 weeks, except in cases of
extreme emergency) with or without workmen, materials, ladders and scaffolding
on to the necessary parts only of the original “North Telephone
Exchange” premises owned by the Public of Jersey in order to, firstly,
repair, replace, rebuild, heighten, paint, clean and generally maintain the
existing concrete block walls on the northern, the north-western and on part of
the north-north-eastern sides of the premises and any relevant foundations
dependent thereto (and any section of which currently established beneath and
across the original “North Telephone Exchange” premises can remain
as at present) and, secondly, to erect and establish and, thereafter, to
repair, replace, rebuild, clean, paint and generally maintain the section of
wall and its foundations envisaged by the terms of clause “(iii)”
of this part of this Schedule and the security fencing envisaged by the terms
of clause “(iv)” of this part of this Schedule. This right of
access is to be exercised as quickly as possible, causing the least inconvenience
possible and reinstating any affected areas of the original “North
Telephone Exchange” premises owned by the Public to the reasonable
satisfaction of both the said Chief Executive Officers of the States of Jersey
Health and Social Services and Housing Departments (or such other persons who
may be designated from time to time) immediately after completion of relevant
works.
(vi) The Public
of Jersey (as owner of the original “North Telephone Exchange”
premises) shall have a right of access on to the necessary parts only of the
premises described in this part of this Schedule (and this on the same terms
and conditions attaching to the right of access conferred upon the owner of the
premises described in this part of this Schedule by the terms of clause “(v)”
of this part of this Schedule), with or without workmen, materials, ladders and
scaffolding in order to repair, replace, rebuild, renew, paint, clean and
generally maintain all and any necessary parts of the buildings dependent to
the original “North Telephone Exchange” premises.
(vii) The Public
of Jersey (as owner of the original “North Telephone Exchange”
premises) shall have the right to keep the southern end of the section of wall
on the property owned by the Public of Jersey established (as at present)
against the northern face of the concrete block wall on the north side of the
premises described in this part of this Schedule, together with the right to
replace same in the future.
(viii) Any pipes,
cables, conduits and other apparatus relevant to the provisions of any of the
main services (including drainage) to the premises described in this part of
this Schedule (and which may be currently established beneath or across any part
of the original “North Telephone Exchange” premises belonging to
the Public of Jersey) can remain as at present.
(ix) Reciprocally,
any pipes, cables, conduits and other relevant apparatus concerning the
provision of any of the main services (including drainage) to the original
“North Telephone Exchange” premises owned by the Public of Jersey
(and which may be currently established beneath and across the premises
described in this part of this Schedule) can remain as at present.
(x) The owner of the
premises described in this part of this Schedule and the Public of Jersey (as
owner of the original “North Telephone Exchange” premises) shall
have reciprocal rights of access on to each other’s property (on the same
terms and conditions attaching to the right of access conferred upon the owner
of the premises by the terms of clause “(v)” of this part of this Schedule),
with or without workmen and materials in order to repair, replace, renew,
unblock, unfreeze, clean and generally to maintain any of the service apparatus
covered by the terms of clauses “(viii)” and “(ix)” of
this part of this Schedule. The whole on condition that (a) any parts of such
service apparatus serving the original “North Telephone Exchange”
premises owned by the Public of Jersey and the premises described in this part
of this Schedule in common shall be repaired, replaced, renewed, unblocked,
unfrozen, cleaned and maintained at common cost by the Public of Jersey and the
owner of the premises and (b) the owner of the premises described in this part
of this Schedule and the Public of Jersey shall each have the right to relocate
such service apparatus established on their respective properties provided that
previous notice in writing to the other party of not less than 6 months is
given and provided also that any relevant works are carried out by competent
contractors at the cost of the party proposing the relocation, after having
received any required consents from the competent authorities, and to the
reasonable satisfaction of the other party.
The other boundaries of
the premises described in this part of this Schedule and other relevant rights
attaching thereto, being as set out and described not only within the said contract
dated the 19th November 1949, of hereditary purchase by the Public of
Jersey from the said Mr. Lyndon Lawrence Bichard, which contract is enrolled in
the Public Registry Contracts, book RP 451C, page 149, but also within a
subsequent contract of hereditary sale of electrical substation site number 305
and the sale, cession and transfer of related rights in perpetuity by the Public
of Jersey to the limited liability company known as “The Jersey
Electricity Company Limited” completed before the Royal Court on the 9th
October 1998, which contract is also in enrolled in the Public Registry Contracts,
book RP 1061, page 344; have recourse to both contracts.
The said premises are
situated in the Parish of St. John, in the Vingtaine of Herupe, and are in the
state and condition in which they are currently found with all their faults
apparent or hidden, should same exist.
Reduced
Copy of Plan P 587 21 of the North Exchange Premises, Le Chemin de Herupe, St. John
PART 5
THE WEST EXCHANGE AND MANAGEMENT CENTRE, LA GRANDE ROUTE DE ST.
OUEN, ST. OUEN
The remainder of a plot
of land formerly being the northern part of a certain field known as “Le
Clos du Ménage” with the various buildings now erected thereon and
to the whole of which plot of land the Public of Jersey has right by a contract
dated the 18th December 1948, of hereditary purchase from Florence
Cross, widow of Mr. Philip Edward Bowditch.
The boundaries of these
premises, and all rights attaching thereto, being as set out and described not
only within the said contract of purchase dated the 18th December 1948,
by the Public of Jersey from the said Mrs. Florence Bowditch (née
Cross), which contract is enrolled in the Public Registry of Jersey, book R.P.
449B, page 234, but also within a certain contract of sale of a small area of
land formerly dependent to the said premises by the Public of Jersey to Mr.
William McFarlane and Margaret Higgins Doyle, his wife, completed before the
Royal Court on the 28th January 1983, which latter contract is also
enrolled in the Public Registry of Jersey, book R.P. 756, page 542; have
recourse to both contracts.
The said premises are
situated in the Parish of St. Ouen, in the Cueillette de Léoville, and
are in the state or condition in which they are currently found with all their
faults apparent or hidden, should same exist.
PART 6
Land Situated at Becquet Vincent, St. John’s Main Road, St. Helier
A plot of land in the
north-east corner of the field known as “Le Clos de la Porte” with
the Telecommunications equipment established therein and to which plot of land
the Public of Jersey has right by a contract dated the 12th April 1947, of
hereditary purchase from Mr. Philip John Renouf.
The boundaries of this
plot of land, and all rights attaching thereto, being as set out and described
within the said contract of purchase dated the 12th April 1947, by the Public
of Jersey from the said Mr. Philip John Renouf; which contract is enrolled in
the Public Registry of Jersey, book R.P. 445B, page 175, have recourse
thereto.
The said plot of land is
situated in the Parish of St. Helier, in the Vingtaine of Mont à
l’Abbé, and is in the state or condition in which it is currently
found with all its faults apparent or hidden, should same exist.
PART 7
CONTRACT LEASEHOLD INTEREST IN No. 1 THE FORUM, GRENVILLE STREET,
ST. HELIER
The contract lease
interest in the premises known as “No. 1 The Forum”, Grenville
Street, St. Helier and to which the Public of Jersey has right by a contract
dated the 29th September 2000, of cession and transfer from the limited
liability company known as “Invesco International Limited”.
The terms and conditions
of the contract lease interest being as set out and described not only within
the said contract dated the 29th September 2000, of cession and transfer
by the said company “Invesco International Limited” to the Public
of Jersey, which contract is enrolled in the Public Registry of Jersey, book
R.P. 1105, page 553, but also within the original contract of lease of the
premises dated the 30th December 1987, by the limited liability company
known as “Electricity Supply Nominees Limited” to the said company
“Invesco International Limited” (under its original name of
“MIM Britannia International Limited”), which contract is also
enrolled in the Public Registry of Jersey, book R.P. 842, page 132; have
recourse to both contracts.
The said premises are
situated in the Parish of St. Helier, in the Vingtaine of Haut de la Ville, and
are in the state or condition in which they are currently found with all their
faults apparent or hidden, should same exist.