Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

This Agreement is made this • day of ● 2012Between:(1) The Mayor and Burgesses of the London Borough of Hammersmith and Fulhamof Town Hall, King Street (“the Council”); and(2) Orion Shepherds Bush Limited (registration number 07206167; registered inEngland) (“OSB”), Orion Shepherds Bush (no.2) Limited (registration number07664775; registered in England) (“OSB (no.2)”); and Orion Shepherds Bush(no.3) Limited (registration number 07670833; registered in England) (“OSB(no.3)”); each of whose registered office is at Palladium House, 1-4 Argyll Street,London, W1F 7LD (together “the Developer”)Whereas:(a)(b)(c)(d)(e)The Council wishes to facilitate the Developer’s proposals for a comprehensivedevelopment, redevelopment and improvement of the Development Site.On [14 th ][27 th ] October 2010 the Council passed the CPO Principal Resolution.The relevant Developer has entered into the respective Land Agreements and desiresand is seeking to acquire by private treaty the remainder of the CPO Lands.On 13 th September 2011 OSB submitted the Planning Application to the Council.On 17 th January 2012 the TSA issued to Peabody a Section 172 Consent.(f) On 8 th February 2012 the Planning Applications Committee resolved to grantplanning permission for the Development subject inter alia to the completion of anagreement pursuant to section 106 of the 1990 Act was completed.(g)(h)(i)(j)On 30 th March 2012 the section 106 Agreement was completed and on even date thePlanning Permission was granted.By reason of the grant of the Planning Permission the call option within the H&FOption Agreement is exercisable subject to its provisions.On the [●] October 2012 the Council received a report recommending it to make andpromote a CPO for the CPO Lands on the basis that under this Agreement theDeveloper and the Surety will indemnify the Council against all reasonable andproper costs arising from a resolution to make and seek confirmation of the CPO fromthe Secretary of State and its implementation.On the [●] October 2012 the Council formally resolved to make the CPO on, interalia, the basis that the compulsory acquisition of CPO Lands [and the New Rights]that cannot be acquired by the Developer by private treaty will facilitate the carryingout of development, re-development or improvement of the relevant land and deliverthe regeneration aims of the Council by, inter alia, being highly likely to promoteL1.040-CPO-CPOIA.v2.22Page 85