Decision details

To extend the management agreement between the Council and The Cheltenham Trust for 5 years from 1 October 2024 as per the provision within the Agreement.
To enter into a deed to vary the Management Agreement with The Cheltenham Trust. The variation will include a provision permitting the Council to serve at least 12 months’ notice at any point after 1 October 2024 to terminate the Agreement.

Cabinet on 19 September 2023 agreed the following decisions:
•To extend the management agreement between the Council and The Cheltenham Trust for up to 5 years from 1 October 2024 as per the provision within the management agreement.
•Subject to approval of The Cheltenham Trust, to agree a variation to the agreement that will introduce a rolling break clause that can be triggered by the Council at any point after year 1 of the extended term, subject to the council giving the Cheltenham Trust 12 months’ notice.
•To delegate authority to the Chief Executive, in consultation with the Cabinet Member for Economic Development, Culture, Tourism and Wellbeing, to agree the length of the extended contract.
•To delegate authority to the s.151 officer, in consultation with the Cabinet Member for Finance & Assets to agree the level of the management fee each year during the remaining term of the contract.
As per the third recommendation, this officer decision report confirms that the contract will be extended for 5 years, but that the contract will be subject to a break clause that the council can trigger at any point after 1 October 2024 by giving at least 12 months prior written notice.
The break clause provisions will be set out in a deed of variation that will be signed by both parties.
Once signed, the council will then issue a letter confirming that the Council wishes to extend the Agreement. The Trust will then need to accept the extension by signing and returning the extension letter.

None.