Issue details
Bath Quays North, Bath.
The Development Agreement between Legal and
General Development Assets Holdings Ltd and B&NES Council was
entered into on 19 July 2019. Cabinet Decision E3122 provides the
delegation of approval to the Director of Economy and Growth, in
consultation with the Leader, Chief Executive and S151 officer to
agree all ancillary documents to facilitate the carrying out of the
redevelopment of the site.
The Development Agreement is now required to be amended by entering
into a Supplemental Agreement. The Supplemental Agreement concerns
actions required of the Legal and General developer partner ahead
of achieving the Conditions Precedents, this constitutes a
variation to the agreed terms, as follows:
Early Works
• The DA Annex 25 is replaced by the updated Early Works Cash
Flow spreadsheet appended to the supplemental agreement.
Early Works Professional Fees
• Items 1.01 to 1.14 of the Early Works spreadsheet represent
the Early Professional Fees.
• Payment of any item of Underwritten Early Professional Fees
shall operate to reduce the Maximum Commitment and Relevant Maximum
Commitment(s) as set out in the Schedule as if such item had been
claimed by the Developer i.e., the grant funding.
• In the event that the Development Agreement is terminated
prior to the Phase Conditions Satisfaction Date in relation to
Phase 1, the Council obligation contained in paragraph 2.5.1 of the
Schedule in relation to the repayment of Early Professional Fees
shall exclude any Underwritten Early Professional Fees.
Additional Planning Fees
• BANES will reimburse amounts expended by L&G in payment
of any or all of the Underwritten Planning Costs.
• L&G agree to repay to BANES any amounts expended in
payment of any or all of the Underwritten Planning Costs within ten
Working Days after the earlier of:
o the Phase Conditions Satisfaction Date in relation to Phase 1;
and
o the date of termination of the Development Agreement (unless at
the date of termination the local planning authority's planning
committee has resolved to approve or refuse the Planning
Application or the local planning authority has granted the
Planning Permission or refused the Planning Application, in which
circumstances we will not be obliged to repay you).
Decision type: Non-key
Decision status: Approved
Notice of proposed decision first published: 11/05/2022
Decision due: 10 May 2022 by Director of Regeneration & Housing
Contact: Simon Martin, Director of Capital & Housing Delivery 01225477407 Email: Simon_martin@bathnes.gov.uk Tel: 01225 477407.
Decisions
- 11/05/2022 - Bath Quays North, Bath.