Basildon University Hospital main entrance and retail facility

Concepts

• basildon
• construction work
• mseft
• south essex nhs foundation trust
• basildon university hospital
• main entrance
• entrance hall
• retail development
• respect of a new main entrance
• hospital

Location

Basildon

Description

IV Mid and South Essex NHS Foundation Trust ("MSEFT") intends to enter into an option agreement and ground lease with Noviniti Dev Co 8 Ltd ("Noviniti") in respect of a new main entrance and retail development at Basildon University Hospital, Basildon ("the Hospital"). MSEFT has structured the contractual arrangement as a land transaction exempt from the Public Contracts Regulations 2015.

Total Quantity or Scope

MSEFT intends to enter into an option agreement and Ground Lease with Noviniti in respect of a new main entrance and retail development at the Hospital.

Award Detail

CPV Codes

• 45000000 - Construction work
• 45214710 - Entrance hall construction work
• 45215100 - Construction work for buildings relating to health
• 45215140 - Hospital facilities construction work
• 55900000 - Retail trade services

Indicators

Legal Justification

The subject of this notice is an agreement to be entered into between MSEFT and Noviniti for the grant of an option entitling Noviniti to call for the grant of a 35 years Ground Lease of part of MSEFT's freehold land at the Hospital. The area which will be subject to the option is defined within the option agreement and the option period will run for an initial period of 39 weeks (subject to extension). MSEFT has had valuation advice and will grant the Ground Lease at a premium which reflects market value. If Noviniti exercises the option and calls for the grant of the Ground Lease that Ground Lease will be for a period of up to 35 years. The Ground Lease is subject to break clauses in favour of MSEFT after 2 years and again at an agreed date reflecting the 30th anniversary of practical completion of the Potential Development (as defined below) by Noviniti. The Ground Lease anticipates that Noviniti may choose (but with no obligation to do so) to undertake a Permitted Alteration (in accordance with a Licence for Alterations that may be entered into) of a building extension at the Hospital for retail and ancillary uses (the "Potential Development"). The detail of the Potential Development will have been agreed between MSEFT and Noviniti prior to the grant of the option agreement. MSEFT has a right to terminate the Ground Lease if Noviniti has not commenced the works comprising the Potential Development by the date 2 years after the date of the Ground Lease. MSEFT will have obligations to use reasonable endeavours to assist Noviniti in dealing with matters relating to the planning permission for the Potential Development including entering into third party agreements necessary to facilitate the Potential Development. The exercise of the option by Noviniti to call for the Ground Lease does not trigger any obligation on Noviniti to undertake or on MSEFT to procure the Potential Development. If Noviniti decides to undertake the Potential Development, (and if MSEFT subsequently so decides) Noviniti and MSEFT may enter into an agreement for lease. The agreement for underlease would allow Noviniti to grant an underlease of the completed development to a third party operator for part of the term of the Ground Lease and a reversionary underlease to MSEFT for the remainder of the term of the Ground Lease. If that agreement is reached MSEFT anticipates that MSEFT, Noviniti and any third party operator will enter into further documents including the agreement for lease, a licence for alterations and underleases of the completed development.