Dear Wirral Metropolitan Borough Council,
Referring to the Development Agreement between Wirral Borough Council and the Nicklaus Joint Venture Group, clause 6.11 clearly states that WBC are not held under any obligation to procure borrowing to assist the Developer with funding the project.
When the Business Overview and Scrutiny Committee met on 27 June 2019 to review the application made by the NJVG for a Council-provided loan, can the Council confirm that no amendments had been made to the original Development Agreement which nullified the Council's legal ability to remove itself as a potential funding provider for the Developer?
Can the Council also confirm that it did not put itself into a position where the Developer could pursue it for 'Breach of Contract', due to exercising its right not to procure borrowing for the Developer's funding plan under clause 6.11?
Many thanks once again for your assistance.
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