Deed of Variation, Land Sale Agreement for Nicholson Centre, Maidenhead
Decision Maker: Executive Director of Place Services
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
To approve the Deed of Variation of the Long
Stop Date of the Land Sale Agreement.
Reasons for the decision:
The Council and Denhead SARL entered into the
Land Swap Agreement on the 20th of February 2020 in anticipation of
the Nicholson Quarter development commencing in 2023.
Due to the impact of Covid delaying the grant of Planning Consent
and the prolonged Compulsory Purchase Order process following the
Judicial Review the Contract’s precondition Longstop date
needed amending.
This will enable to CPO process to be finalised, planning pre
– commencement condition to discharged and Council to
complete the sale of land.
Alternative options considered:
Do not consent, the Council would be deemed to
have be breach of contractual obligation of the Land Swap Agreement
and Compulsory Purchase Order Indemnity Agreement, acted
unreasonably and would be liable to legal action for costs for
breach of contract.
Details of any associated risks and mitigation:
N/A
Details of any associated finance considerations:
The income or payment subject to the agreement
remains as agreed.
Finance officer who provided advice:
Elizabeth Griffiths - Executive Director of
Resources
01/11/23
Legal officer who provided advice:
Consultant Solicitors – Gowlings
26/10/23
Details of any associated equality/ sustainability /data protection considerations:
N/A
Reason(s) for officer decision notice:
Any decision to seek proposals for, award, or
vary a contract, or to dispose of land or assets, with a value
(over the life of the contract) of £50,000 or more (N.B. up
to £500,000 as this would then require Cabinet
approval)
Publication date: 17/11/2023
Date of decision: 17/11/2023