Joint Statement: Kiama Council and Hall & Prior Aged Care
Published on 02 September 2024
The settlement date of Kiama Municipal Council’s sale of Blue Haven Bonaira has been extended from 1 November to Monday 2 December at the request of buyers Hall & Prior Aged Care.
Hall & Prior’s CEO Graeme Prior confirmed his company continues its due diligence and transitional work. “Multiple operational and management teams have been on site and are working as hard as they can. We requested this one month extension so that we can complete this very important work. “
“Blue Haven staff will have the chance to meet myself and the Hall & Prior team prior to settlement as part of this process. I am looking forward to meeting you all,” he said.
Kiama Council CEO Jane Stroud said: “We understand it’s a very complex process with lots of moving parts and while the delay is unfortunate, it is unavoidable. Kiama Council has agreed to the variation of contract and accepted the one month delay. We have communicated this extension with our staff and residents of our aged care facility and Independent Living Units, and their loved ones.”
Kiama Council remains completely committed to Blue Haven and continues to support its operation, and will do so until the whole contract is finalised.
Kiama Council COO Joe Gaudiosi said: “As always, the care and wellbeing of our residents and our staff is paramount. Although this obviously impacts on our financial position, by granting Hall & Prior this extension, we make sure to look after everyone involved.”
[UPDATE: 11 SEPTEMBER 2024 TO ADD BACKGROUND INFORMATION, BELOW]
Background information: Council resolution
The resolution from Council's Ordinary Meeting on 16 July 2024 is as follows:
22.4 Blue Haven Bonaira sale contract
24/247OC
Committee recommendation that Council:
1. Authorise the Chief Executive Officer and the Mayor to finalise and execute (in a form substantially annexed to this report) the Sale Contracts (being the Asset Sale Agreement and the Land Sale Agreement) for the sale of the Blue Haven Bonaira business (together with the land on which it is operated but excluding Community Transport) for the combined gross price of $95M and to be authorised to do anything which is necessary or desirable to do under or in connection with the Sale Contract including to finalise and execute any ancillary documents or forms contemplated by the Sale Contracts.
2. Authorise the Chief Executive Officer and the Mayor to affix the Common Seal to the Sale Contracts and any ancillary documents or forms contemplated by the Sale Contracts for the purposes of the execution of those documents.
3. Authorise the Chief Executive Officer to perform the Council’s obligations under the Sale Contracts and any ancillary documents or forms contemplated by the Sale Contracts.
4. Authorise the Chief Executive Officer to make applications to the NSW Industrial Relations Commission with respect to the transfer of Council employees transferring to Hall & Prior on completion of the Sale Contract.
5. Authorise the Chief Executive Officer to commence legal proceedings and recovery processes against the Builder of the facility with respect to claims for building defect matters losses incurred due to building defect matters (including filing any statement of claim against the builder to initiate legal proceedings). 6. Authorise the Chief Executive Officer to do anything (including without limitation completion, preparation, amendment, initialisation, certification, execution and delivery of any registers, records, certificates, documents, notices, consents or forms) which is necessary or desirable to do under or in connection with the above resolutions.
(Councillors Brown and Steel)
For: Councillors Brown, Croxford, Draisma, Larkins, Reilly, Renkema-Lang and Steel
Against: Councillor Rice