Legal Support for Landscape Recovery

Award outcome

Description

The Customer wishes to engage external legal support during the PDP for the following services: 1. Implementation Phase Agreements: a. Advise on the appropriate terms for a template public funding agreement for the project implementation phase (PIP) (e.g. grant or contract) and draft template; this may involve utilising the Cabinet Office model grant agreement or model services contract, depending on bespoke funding arrangements agreed with the projects; b. Draft, advise during negotiations and assist in the execution of the bespoke PIP agreements (based on the template) with up to 22 projects, and ensure that they dovetail with any private finance arrangements (referred to in paragraph 3 below) and land assembly / ownership / collaboration arrangements (referred to in paragraph 4 below); c. Provide legal advice in relation to any risks in relation to the bespoke PIP agreements (including (without limitation) regarding the structure and governance of any entity or consortium set up by a project to receive public funding and execute the PIP agreement); and d. Provide legal project management services, including maintaining a holistic view of all negotiations to ensure fair and equal treatment of all PDP projects as they move into the PIP. 2. Private Finance: a. Advise on the legal structures for private finance funding and whether the Authority / the delivery partners should be party to these agreements; b. Advise during any negotiation as required with any private funders who will provide additional funding to the projects in the PIP, with a view to maintaining value for money and protecting the integrity of public funds; c. Negotiate associated legal agreements (NB: the Authority assumes the legal advisors to the private funders will have primary drafting responsibility for any private finance agreements, and that private finance will be subject to separate legal agreements (i.e. not incorporated into the public PIP agreements under paragraph 2 above). Please assume a minimum of 2 private finance agreements per project, noting that in some cases it may be more); and d. Advise as required in relation to the risks of any private funding structures, such as: i. Ownership of outcomes between buyers, sellers and investment groups in order to avoid disputes; ii. Financial liability in the event of project underperformance or if a project partner gets into financial difficulties; iii. Ensuring an appropriate allocation of risk to the parties involved; and iv. Managing any potential imbalances in decision making and any recourse between project stakeholders. 3. Property / Land Law a. Provide legal risk advice regarding any property or land law issues as necessary, including for example: i. The proposed ownership structure of the land in each project together with any collaboration arrangements, and whether they satisfy the requirement for 'management control' of the land (including responding to any ad hoc queries regarding tax

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