Bapa Agreement

• Have a legal dispute with Kind Diamond over BAPA cost liability. However, the Treaty has remained silent on these costs and, as such, the Council has no legal basis to expect Kind Diamond to pay them. This option was therefore rejected. • Extend Kind Diamond`s contract so that they can pay Network Rail for the necessary work. This option was rejected because it would be more expensive, would require an administration fee for Kind Diamond and because it would be less efficient. In addition, Network Rail has indicated that a BAPA (Basic Asset Protection Agreement) must be agreed between the developer and Network Rail. The applicant/proponent must send the RAM and BAPA directly to the following address: AssetProtectionLNWSouth@networkrail.co.uk 6 The proposed development is located within 15 m of Thames Waters` underground assets, so the development could result in the failure of the assets if appropriate action is not taken. Approval of the signing of the Basic Asset Protection Agreement (BAPA) and the increase in the Purchase Order (PO) to make direct payments of up to £79,100 for BAPA to Network Rail on Templeton Road There has been no contact with the owner specifically with regard to land compensation issues as all discussions have taken place as part of the negotiations on the bridge agreement and the basic asset protection agreement. A Basic Asset Protection Agreement (BAPA) for NR was concluded and signed between the Council and NR. The Department will provide all necessary technical support in accordance with a core asset protection agreement. To be used when there is an asset protection agreement or a basic asset protection agreement. Before construction can begin on the site, the board must sign the BAPA and pay Network Rail directly for the BAPA and related work.

The order (PO) needs to be increased as BAPA costs have only been estimated by Network Rail and have now increased due to the additional work involved in monitoring the rail embankment and bridge until the end of construction. .

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