Purpose

On 12 December 2024 Executive resolved
to:

Authorise the Head of Place Delivery in consultation with the Chief
Finance Officer, Portfolio Holder for Place, Planning and
Regulatory Services to enter into a Collaboration Funding Agreement
with Surrey County Council to jointly fund and deliver the Public
Realm Improvements, Wayfinding and Signage, and Subway
Refurbishment projects.

A record of the decision can be found here: Decision - Delivering
Change in Horley Town Centre | Reigate and Banstead Borough
Council

This Delegated Authority report seeks approval to enter into the
Collaboration Funding Agreement with Surrey County Council (SCC), a
legal agreement between RBBC and SCC that secures the delivery and
completion of the following component parts of the Delivering
Change in Horley Town Centre programme:

• High Street Public Realm Improvements
• Wayfinding and Signage, and
• Subway Refurbishment

The Agreement sets out the terms and conditions upon which the
parties have agreed to collaborate and fund the works, including
roles and responsibilities, target dates by which the projects
should be delivered, and the funding committed by each party to the
projects.

As a summary, at the completion of RIBA Stage 3 design, the project
management of each scheme passes from RBBC to SCC to take full
responsibility for the implementation phase and procurement of all
associated activities.
SCC will use their best endeavours to ensure that the projects are
completed by prescribed dates set out within the Agreement.

The funding committed to the project that is set out within the
agreement is:

• RBBC Funding: £1,446,044 of which £1,251,164.63
was left available to spend at the time of drafting and which can
be paid to SCC for the works.
• RBBC CIL Funding: £624,994, being the funding RBBC
secured from its application to the Community Infrastructure Levy
Fund for the projects, and which forms part of the RBBC Funding
payable to SCC under the terms of this Agreement.
• SCC Secured Funding: £586,857.50 in relation to the
Subway Improvement works.
• SCC Infrastructure Funding: £1,070,000 being the
amount SCC have secured from its Strategic Infrastructure Fund for
the projects.

RBBC is not obliged to increase the amount of the RBBC Funding in
any circumstances, including in the event of overspend by SCC in
the delivery of the works

Should RBBC be required to repay any grant funding to any third
party funders by reason of failure to achieve any grant funding
conditions and/or delivery of any project RBBC reserves the right
to recoup any such amounts from SCC.

RBBC have retained step-in rights where the Council can take over
the performance or management of part or all of the works on the
occurrence of certain events (default events).

Decision

The Head of Place Delivery agree to the
Collaboration Funding Agreement being entered into between RBBC and
SCC as set out in the attached paper.

Alternative options considered

Option 1 - For RBBC to deliver and implement
the projects directly. This option was the original intention for
the programme, that they would be delivered RBBC in partnership
with SCC, however, as part of the agreement to the £1.07m
commitment from SCC, it was agreed that the county council manage
the delivery phase of the projects. This option has therefore been
discounted.