Issue - meetings

The purpose of the report is to obtain approval from the Executive to accept the terms and conditions of the MEND grant including a solicitor’s undertaking to register a restriction on the property freehold. Acceptance of the grant and approval to award the contract for professional building services to Drake and Kannemeyer will enable the repair and conservation project to begin in the summer through to the commencement of the construction phase in spring 2024.

Recommendation

The Executive is asked to approve:

1.         That the Joint Strategic Director of Community Wellbeing be given delegated authority to accept Art Council England’s Terms and Conditions for the MEND grant.

2.         That the Joint Strategic Director of Community Wellbeing be given delegated authority to enter a Deed of Covenant in recognition of the fact that the project is to be part funded by Arts Council England. This shall include authorising the acceptance of the ‘Certificate of Title and Deed of Grant’ and the registry of a restriction on the property freehold together with any other related necessary documentation, which prevents the disposition of the registered estate or the granting of a lease or license to a third party without the Arts Council’s prior written consent. The term of the restriction shall be 15 years.

3.         That the Joint Strategic Director of Community Wellbeing, be given delegated authority to approve the award of the contract for professional building services to Drake and Kannemeyer Chartered Surveyors and any related ancillary documents. This will be to provide the technical design and delivery of the project to RIBA Stage 4, to obtain and comply with statutory consents, to prepare the tender for the main contractor and report on the tenders obtained, administer the contract for the main contractor and ensure project delivery to an agreed programme and cost. 

4.         A budget of £179,000 to be met from the MEND project funds be assigned for provision of professional property services, legal advice, and internal project management resource.

5.         The Executive recommends to Council that a budget of up to £275,000 be approved from capital receipts or the Property Investment Reserve. This will be to fund a potential budget gap if efforts to obtain external funding are unsuccessful or overall project costs are higher than predicted.

The Executive RESOLVED that:

1.         the Joint Strategic Director of Community Wellbeing be given delegated authority to accept Art Council England’s Terms and Conditions for the MEND grant.

2.         the Joint Strategic Director of Community Wellbeing be given delegated authority to enter a Deed of Covenant in recognition of the fact that the project is to be part funded by Arts Council England. This shall include authorising the acceptance of the ‘Certificate of Title and Deed of Grant’ and the registry of a restriction on the property freehold together with any other related necessary documentation, which prevents the disposition of the registered estate or the granting of a lease or license to a third party without the Arts Council’s prior written consent. The term of the restriction shall be 15 years.

3.         the Joint Strategic Director of Community Wellbeing, be given delegated authority to approve the award of the contract for professional building services to Drake and Kannemeyer Chartered Surveyors and any related ancillary documents. This will be to provide the technical design and delivery of the project to RIBA Stage 4, to obtain and comply with statutory consents, to prepare the tender for the main contractor and report on the tenders obtained, administer the contract for the main contractor and ensure project delivery to an agreed programme and cost. 

4.         a budget of £179,000 to be met from the MEND project funds be assigned for provision of professional property services, legal advice, and internal project management resource.

Reason for the decision:

Accepting the MEND grant offer:

1.         Arts Council England have formally offered Waverley Borough Council a Museum Estate and Development grant of £734,335 to carry out essential brickwork repairs to the front elevation of Wilmer House. The capital grant offer is subject to the acceptance of Arts Council England’s Standard Terms and Conditions for the MEND Fund.

2.         In recognition of the value of the grant Arts Council England require security against the asset for a period of 15 years. This involves the Council agreeing to enter a Deed of Covenant that includes the enactment of a restriction on Title over the freehold of the property. The restriction legally obligates the Council to maintain the property estate as a museum, preventing its disposal or any other arrangements with third parties without Arts Council England’s prior written consent.

The procurement of professional property services:

3.         The Council has carried out an open tender process to procure professional building services to design, coordinate and administer the delivery of the project. The invitation to tender required bidders to put forward a multidisciplinary team with a proven track record of success in the conservation and repair of historic buildings. The tender period closed on 28 April 2023 and Drake and Kannemeyer, with associate sub-contractors, were the only bidders. Based on the award criteria Drake and Kannemeyer scored highly for quality given their long-standing association with the project and offered an economically advantageous proposal by way of a fixed fee that aligns  ...  view the full decision text for item 8

Cllr Kika Mirylees, Portfolio Holder for Community Services, Leisure and EDI, reminded the Executive that in March 2023 Waverley had been awarded a MEND Grant of £735,000 by the Arts Council to fund essential repairs and conservation work to the façade of Wilmer House which housed the Museum of Farnham. This was a great achievement for the council, provided a good opportunity to raise further funding, and draw to a close a long and difficult chapter in the Museum’s history.

The report summarised the key legal conditions attached to the grant and their implications for the Council. It also provided an update on the outcome of a tender exercise to procure professional building services and the recommendation to award a contract to Drake and Kannemeyer Chartered Surveyors.

The Leader welcomed the report and opportunity the council had to resolve the long-standing problems with Wilmer House. The Leader highlighted the recommendations included one to Council to approve a budget of £275,000 to meet the current funding shortfall in the event that additional external funding could not be sourced.

The Executive RESOLVED that:

1.         the Joint Strategic Director of Community Wellbeing be given delegated authority to accept Art Council England’s Terms and Conditions for the MEND grant.

2.         the Joint Strategic Director of Community Wellbeing be given delegated authority to enter a Deed of Covenant in recognition of the fact that the project is to be part funded by Arts Council England. This shall include authorising the acceptance of the ‘Certificate of Title and Deed of Grant’ and the registry of a restriction on the property freehold together with any other related necessary documentation, which prevents the disposition of the registered estate or the granting of a lease or license to a third party without the Arts Council’s prior written consent. The term of the restriction shall be 15 years.

3.         the Joint Strategic Director of Community Wellbeing, be given delegated authority to approve the award of the contract for professional building services to Drake and Kannemeyer Chartered Surveyors and any related ancillary documents. This will be to provide the technical design and delivery of the project to RIBA Stage 4, to obtain and comply with statutory consents, to prepare the tender for the main contractor and report on the tenders obtained, administer the contract for the main contractor and ensure project delivery to an agreed programme and cost. 

4.         a budget of £179,000 to be met from the MEND project funds be assigned for provision of professional property services, legal advice, and internal project management resource.

The Executive RESOLVED to recommend to Council that:

5.         a budget of up to £275,000 be approved from capital receipts or the Property Investment Reserve. This will be to fund a potential budget gap if efforts to obtain external funding are unsuccessful or overall project costs are higher than predicted.

Reason for the decision:

Accepting the MEND grant offer:

1.         Arts Council England have formally offered Waverley Borough Council a Museum Estate and Development grant  ...  view the full minutes text for item 8