Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ... Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
4.4 to consult with the Council in relation to such part of the Development as may relateto the CPO and provide to the Council all information it may reasonably require todischarge its obligations under this Agreement; and4.5 at its own cost to provide support and all reasonable assistance that the Council mayrequest to support the CPO including giving or procuring the giving of evidence atany public inquiry or judicial review of the CPO.5 Third Party Interests etcThe Developer covenants with the Council:5.1 to use its reasonable endeavours to negotiate terms by private treaty to acquire allThird Party Interests and New Rights in accordance with the provisions of theAcquisitions Schedule and the Council shall use its reasonable endeavours to assistthe Developer;5.2 to assist the Council to secure payment of CPO Costs due to claimants at the earliestpracticable time by:5.2.1 negotiations and settlements on Compensation Code terms in good faith;[5.2.2 seeking early resolution of disputes through mediation or arbitration; and5.2.3 referring relevant disputes to the Upper Tribunal (Lands Chamber) as soon asit becomes apparent negotiations or mediation are unlikely to secure a settlement; and5.2.4 seeking to mitigate loss and hardship to persons likely to be displaced byreason of the compulsory acquisition of their property by assisting with plannedrelocation to alternative premises either within the Development Site or in the vicinityof the CPO Lands where such relocation can be facilitated by early settlement ofclaims (or future claims) under the Compensation Code.6 Surety6.1 In addition to the indemnity contained within paragraph 4, the Developer shallprovide the Council (if so requested) with a Surety as provided for in this paragraph 66.2 The Council may require a Surety to cover the extent of its prospective liability duringthe following stages of the CPO process:6.2.1 from the date of [this Agreement][the resolution to make the CPO] in relationto the estimated costs of preparing, publishing and submitting the CPO forconfirmation and preparing for and appearing at a public inquiry (including the risk ofcosts at a public inquiry) in the initial sum of [£500,000] [or such higher reasonablesum as the Council may reasonably specify from time to time];6.2.2 from the date the Council makes the CPO an additional sum representing [onehundred and twenty (120) per cent] of the Referencing Agent’s estimate of theL1.040-CPO-CPOIA.v2.224Page 107
liability for CPO Costs in relation to the risk that all of the owners and occupiers ofthe CPO Lands who are entitled to serve a Blight Notice were to serve a Blight Noticein respect of their respective interests and on the assumption that none of such BlightNotices could be rejected or such higher reasonable sum as the Council mayreasonably specify from time to time having regard to the Compensation Assessment;and6.2.3 on the date on which the Developer requests the Council to make a GeneralVesting Declaration in respect of any outstanding interests in the CPO Lands anadditional sum (if any) which represents the amount by which the Council'sreasonable and proper estimate of the CPO Costs in relation to all such outstandinginterests in the CPO Lands exceeds the Surety then in place under paragraph 2 above.6.3 On each payment of CPO Costs the Council shall reduce the amount of Suretyrequired in the following manner:6.3.1 during the period in which a Surety is in place under paragraph 6.2.2 to theCouncil's reasonable estimate of the outstanding risk for CPO Costs in relation to theoccupiers of the CPO Lands who are entitled to serve a Blight Notice except thatinterest in respect of which the payment of CPO Costs was made;6.3.2 during the period in respect of which a Surety is in place under paragraph6.2.3 to the Council's reasonable estimate of the outstanding risk for CPO costs inrelation to all CPO Interests except that in respect of which the payment of CPO Costswas made; and6.3.3 where any payment of CPO Costs is not a full and final settlement of the claimin respect of the interest in the CPO Lands to which it relates, the risk of any furtherpayment in respect of that interest shall be taken into account in the Council'sestimates under paragraphs 6.2.2 and 6.2.3.6.4 The Council shall immediately release the Surety when the Council is reasonablysatisfied that full and final settlement of all CPO Costs has been made and give noticeto the Developer and the Surety upon settlement occurring6.5 Upon the Developer’s written request the Council shall release the person providingthe Surety from the same if the Developer is able to procure a replacement person thatin the Council's reasonable opinion provides an equivalent or better Surety for theDeveloper’s then liabilities under this Agreement6.6 [For the avoidance of doubt the Developer's liability at all times shall extend to thefull CPO Costs whether or not that liability exceeds the amount of any Surety requiredby the Council at that time and the Surety shall not be released by the termination ofthis Agreement following an Event of Default other than by a notice of release givenby the Council]7 Disputes not to delay payment or surety7.1 The Developer shall pay to the Council all and any CPO Costs or Outgoings on thedate it is due whether or not there is any Dispute over the amount due and theL1.040-CPO-CPOIA.v2.225Page 108
- Page 62 and 63: enforce such laws as it deems neces
- Page 64 and 65: ead and taken into account in reach
- Page 66 and 67: Appendix ALONDON BOROUGH OF HAMMERS
- Page 68 and 69: interests by agreement but it is cl
- Page 70 and 71: • Former Spring Grove Laundry sit
- Page 72 and 73: 4.9 There is an identified need in
- Page 74 and 75: 5.7 The Mayor of London has support
- Page 76 and 77: development of small shops, market
- Page 78 and 79: Council.9-20 Shepherds Bush Market.
- Page 80 and 81: Traders’ Association, individual
- Page 82 and 83: 8. Human Rights8.1 The Human Rights
- Page 84 and 85: acceptable relocation arrangements
- Page 86 and 87: AnnexDraft form of Undertaking to b
- Page 88 and 89: Appendix BDated:Between:(1) The May
- Page 90 and 91: This Agreement is made this • day
- Page 92 and 93: 4.2 Nothing in this Agreement or im
- Page 94 and 95: Schedule 1Definitions and Interpret
- Page 96 and 97: or land adjoining the CPO Lands, or
- Page 98 and 99: (d) a receiver or manager is appoin
- Page 100 and 101: “Outgoings”“the Parties”“
- Page 102 and 103: Shepherds Bush (no.3) Limited and (
- Page 104 and 105: (h) preparing the map or maps to ac
- Page 106 and 107: 2.16.1 provide to the Party being c
- Page 108 and 109: espect of all or any part of the CP
- Page 110 and 111: Schedule 4The Developer’s Obligat
- Page 114 and 115: Developer shall procure a Surety in
- Page 116 and 117: 1.8 to give the Developer not less
- Page 118 and 119: 2.4.4 appoint Leading Counsel and j
- Page 120 and 121: 5 Appeal5.1 If the Secretary of Sta
- Page 122 and 123: Schedule 6Exit ConsequencesPart A:
- Page 124 and 125: Part D: Where the Developer asserts
- Page 126 and 127: 5.3 It is agreed that:5.3.1 the Exp
- Page 128 and 129: 4.3 No waiver of any provision of t
- Page 130 and 131: 10.3.3 where (and to the extent tha
- Page 132 and 133: acting by:DirectorDirector/Secretar
- Page 134 and 135: Appendix DEquality Impact Analysis
- Page 136 and 137: On conclusion of the construction w
- Page 138 and 139: It is identified that the market pr
- Page 140 and 141: During the construction works, ther
- Page 142 and 143: 1. The developer will maintain acce
- Page 144 and 145: Market. This will protect the avail
- Page 146 and 147: compensated in accordance with the
- Page 148 and 149: women. It would also be likely that
- Page 150 and 151: Page 145Issue identifiedDisruption
- Page 152 and 153: Agenda Item 9London Borough of Hamm
- Page 154 and 155: 1. BACKGROUND1.1. The flooding scru
- Page 156 and 157: 7. COMMENTS OF THE EXECUTIVE DIRECT
- Page 158 and 159: Appendix 1Hammersmith & Fulham Coun
- Page 160 and 161: undertake which has an emphasis on
4.4 to consult with the Council in relation to such part of the Development as may relateto the CPO and provide to the Council all information it may reasonably require todischarge its obligations under this Agreement; and4.5 at its own cost to provide support and all reasonable assistance that the Council mayrequest to support the CPO including giving or procuring the giving of evidence atany public inquiry or judicial review of the CPO.5 Third Party Interests etcThe Developer covenants with the Council:5.1 to use its reasonable endeavours to negotiate terms by private treaty to acquire allThird Party Interests and New Rights in accordance with the provisions of theAcquisitions Schedule and the Council shall use its reasonable endeavours to assistthe Developer;5.2 to assist the Council to secure payment of CPO Costs due to claimants at the earliestpracticable time by:5.2.1 negotiations and settlements on Compensation Code terms in good faith;[5.2.2 seeking early resolution of disputes through mediation or arbitration; and5.2.3 referring relevant disputes to the Upper Tribunal (Lands Chamber) as soon asit becomes apparent negotiations or mediation are unlikely to secure a settlement; and5.2.4 seeking to mitigate loss and hardship to persons likely to be displaced byreason of the compulsory acquisition of their property by assisting with plannedrelocation to alternative premises either within the Development Site or in the vicinityof the CPO Lands where such relocation can be facilitated by early settlement ofclaims (or future claims) under the Compensation Code.6 Surety6.1 In addition to the indemnity contained within paragraph 4, the Developer shallprovide the Council (if so requested) with a Surety as provided for in this paragraph 66.2 The Council may require a Surety to cover the extent of its prospective liability duringthe following stages of the CPO process:6.2.1 from the date of [this Agreement][the resolution to make the CPO] in relationto the estimated costs of preparing, publishing and submitting the CPO forconfirmation and preparing for and appearing at a public inquiry (including the risk ofcosts at a public inquiry) in the initial sum of [£500,000] [or such higher reasonablesum as the Council may reasonably specify from time to time];6.2.2 from the date the Council makes the CPO an additional sum representing [onehundred and twenty (120) per cent] of the Referencing Agent’s estimate of theL1.040-CPO-CPOIA.v2.224Page <strong>10</strong>7
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