Examples:
Negotiating on behalf of the City Parochial Foundation the terms
of a number of development leases of substantial – and sometimes
landmark – buildings in the City of London. Dealing –
often directly – with well-known developers in these transactions,
and seeking to draft and agree innovative provisions to reconcile
the apparently irreconcilable interests of the parties, has given
me a considerable insight into the developer's approach (as well
as experience in protecting the landowner's interests).
For the same client (for which I and my team have acted exclusively
since 1972) arranging on two occasions the reconciliation of the
interests of different landowners in notable City development sites.
In one case I was able to rescue a deal which had almost stalled
by designing an innovative structure of leases which enabled the
development to proceed whilst leaving every landowner with a distinct
and marketable land interest and a properly secured income.
Dealing with all aspects of a transaction for a developer client
who was contracting to provide a new building to an educational
institution in return for taking on the properties which as a result
had become surplus. This was a complex negotiation involving three
properties, with planning aspects and, again, provisions for clawback
and overage to protect the educational institution. I am currently
dealing with the development and sale of surplus properties.
Drafting and negotiating a development agreement for a multi-use
West of England marine-related development. The project was complex
as it involved a number of different potential uses which would
involve a number of developers: there was also a restrictive covenant
issue. Some years earlier, I drafted and negotiated an even more
complex agreement between the land owners and a Texan developer
for the sectional development of the Surrey Docks in London.
Advising a West End bank on all aspects of a redevelopment of its
headquarters building, from negotiating a new head lease, through
the obtaining of vacant possession, a lengthy Public Inquiry following
refusal of planning permission, drafting and negotiation of the
building contract and professional appointments, and ultimately
reletting the retail units.
For a private property company, negotiating a long lease of a major
Bond Street store and advising in relation to all aspects of its
redevelopment, again including construction matters, and pre-letting
to a well known luxury goods manufacturer.
I have recently been involved in two major town extentions, where I am advising landowners affected on "collaboration agreements" to ensure equitable distribution of proceeds of sale. The agreements are unusual, and the arrangements also require option agreements with the prospective developers and an understanding of the various development and planning agreements involved.
Recently, negotiating a Development Agreement involving land at Corby under a complex arrangement where a third party was seeking to avoid pollution remediation under a Deed of Indemnity. This matter involved not only negotiating a complex agreement for development by stages with various by-back options etc but also a supplemental agreement under which the developer was to fund litigation in relation to the indemnity; see also section Experience: Dispute Resolution
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