Irrecoverable VAT on the above. Note 1 Note 2 Note 3 1.1 which are not eligible for social housing assistance as defined in Section 32(13) of the HRA 2008; 1.2 on land (forming part of the total site acquired) which will not be used exclusively for housing provision purposes directly related to the Named Project; 1.3 on estate offices, factories, letting offices; 1.4 on stores; 1.5 on medical or dental surgeries, clinics; 1.6 on police stations, public libraries, bus shelters; 1.7 on shops, restaurants, public houses, offices; 1.8 on transformer and other related buildings; 1.9 on maintenance depots, tools, plant and vehicles; 1.10 on garages (other than integral garages on market purchase scheme types) and greenhouses; and 1.11 on separate commercial laundry blocks and related equipment. [TO BE TYPED ON COUNCIL NOTEPAPER] Our ref Your ref Date Email address Greater London Authority City Hall Xxx Xxxxx'x Xxxx Xxxx Xxxxxx XX0 0XX To: Greater London Authority (the GLA) Dear Sirs, I refer to the proposed Negotiated Contract Grant Agreement to be entered into between [ ] (the Council) and the GLA (the Agreement) for the purposes of, inter alia, providing affordable housing which is dated on or about the date hereof. In connection with the giving of this opinion, I have examined: (a) the Agreement in its final form prior to execution and delivery thereof by the Council; (b) the Council's Standing Orders for approving entry into and the execution and delivery of deeds by the Council and for the delegation of its authority and the powers of the Council's Executive; (c) such other documents I consider appropriate for the purposes of giving this opinion.
Appears in 5 contracts
Samples: Grant Agreement, Right to Buy Ringfence Agreement, Right to Buy Ringfence Agreement
Irrecoverable VAT on the above. Note 1 Note 2 Note 3
1.1 which are not eligible for social housing assistance as defined in Section section 32(13) of the HRA 2008;
1.2 on land (forming part of the total site acquired) which will not be used exclusively for housing provision purposes directly related to the Named Project;
1.3 on estate offices, factories, letting offices;
1.4 on stores;
1.5 on medical or dental surgeries, clinics;
1.6 on police stations, public libraries, bus shelters;
1.7 on shops, restaurants, public houses, offices;
1.8 on transformer and other related buildings;
1.9 on maintenance depots, tools, plant and vehicles;
1.10 on garages (other than integral garages on market purchase scheme types) and greenhouses; and
1.11 on separate commercial laundry blocks and related equipment. [TO BE TYPED ON COUNCIL NOTEPAPER] Our ref Your ref Date Email address Greater London Authority City Hall Xxx Xxxxx'x Xxxx Xxxx Xxxxxx XX0 0XX To: Greater London Authority (the GLA) Dear Sirs, I refer to the proposed Mayor's Care and Support Specialised Housing Fund - Negotiated Contract Grant Agreement to be entered into between [ ] (the Council) and the GLA (the Agreement) for the purposes of, inter alia, providing affordable housing which is dated on or about the date hereof. In connection with the giving of this opinion, I have examined:
(a) the Agreement in its final form prior to execution and delivery thereof by the Council;
(b) the Council's Standing Orders for approving entry into and the execution and delivery of deeds by the Council and for the delegation of its authority and the powers of the Council's Executive;
(c) such other documents I consider appropriate for the purposes of giving this opinion. I do not express any opinion as to, nor have I investigated the law of any jurisdiction other than England. I am of the opinion that, as at the date hereof, as a matter of English law, the Council has the power and authority to enter into, observe and perform the terms and obligations on its part to be observed and performed by it under the Agreement and has taken all necessary action and has obtained all relevant consents and approvals (statutory or otherwise) to authorise the execution and delivery of the Agreement and the performance and validity of the obligations under it. Neither the execution and the delivery of, nor the performance by the Council of its obligations under the Agreement will violate any provisions of any existing application law, rule, regulation or agreement binding on the Council, and the Agreement constitutes a valid and legally binding obligation on the Council enforceable in accordance with its terms. I have given this opinion, taking into account the common law and statutory duties applicable to the exercise of power by the Council. The above opinions are subject to the reservation that under English law, the power of the court to order or pursue performance of an obligation and any other equitable remedies is discretionary and, accordingly, an English court might make an award of damages where specific performance of an obligation at work or remedy is sought. This opinion is given by virtue of my position as Solicitor to the Council and is only given as the holder of that office. I am not giving this opinion in a personal capacity, nor do I accept any private or personal liability for any error or omission in it or which may arise therefrom and the recipient, in seeking to place reliance on the contents of this letter, must duly acknowledge the same if any error or omission is later to be found. This opinion is addressed to the GLA and is solely for its benefit. It may not be disclosed to or relied upon by any other person or made public in any way without my prior consent. This opinion is limited to matters addressed herein and is not to be read as an opinion with respect to any other matter. Yours faithfully Council Solicitor There follows the specimen signatures and titles of those who will or may attest the execution as a deed of the Agreement referred to above. Name Title Specimen Signature 1 The Parties agree that in relation to the MCSSH Named Projects the terms of this Agreement shall apply, be interpreted and take effect subject to the exceptions and adaptations and modifications specified in this Schedule 4.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Irrecoverable VAT on the above. Note 1 Note 2 Note 3
1.1 which are not eligible for social housing assistance as defined in Section 32(13) of the HRA 2008;
1.2 on land (forming part of the total site acquired) which will not be used exclusively for housing provision purposes directly related to the Named Project;
1.3 on estate offices, factories, letting offices;
1.4 on stores;
1.5 on medical or dental surgeries, clinics;
1.6 on police stations, public libraries, bus shelters;
1.7 on shops, restaurants, public houses, offices;
1.8 on transformer and other related buildings;
1.9 on maintenance depots, tools, plant and vehicles;
1.10 on garages (other than integral garages on market purchase scheme types) and greenhouses; and
1.11 on separate commercial laundry blocks and related equipment. [TO BE TYPED ON COUNCIL NOTEPAPER] Our ref Your ref Date Email address Greater London Authority City Hall Xxx Xxxxx'x Xxxx Xxxx Xxxxxx XX0 0XX The Queen's Walk More London SE1 2AA To: Greater London Authority (the GLA) Dear Sirs, I refer to the proposed Negotiated Contract Approved Provider Grant Agreement to be entered into between [ ] (the Council) and the GLA (the Agreement) for the purposes of, inter alia, providing affordable housing which is dated on or about the date hereof. In connection with the giving of this opinion, I have examined:
(a) the Agreement in its final form prior to execution and delivery thereof by the Council;
(b) the Council's Standing Orders for approving entry into and the execution and delivery of deeds by the Council and for the delegation of its authority and the powers of the Council's Executive;
(c) such other documents I consider appropriate for the purposes of giving this opinion. I do not express any opinion as to, nor have I investigated the law of any jurisdiction other than England. I am of the opinion that, as at the date hereof, as a matter of English law, the Council has the power and authority to enter into, observe and perform the terms and obligations on its part to be observed and performed by it under the Agreement and has taken all necessary action and has obtained all relevant consents and approvals (statutory or otherwise) to authorise the execution and delivery of the Agreement and the performance and validity of the obligations under it. Neither the execution and the delivery of, nor the performance by the Council of its obligations under the Agreement will violate any provisions of any existing application law, rule, regulation or agreement binding on the Council, and the Agreement constitutes a valid and legally binding obligation on the Council enforceable in accordance with its terms. I have given this opinion, taking into account the common law and statutory duties applicable to the exercise of power by the Council. The above opinions are subject to the reservation that under English law, the power of the court to order or pursue performance of an obligation and any other equitable remedies is discretionary and, accordingly, an English court might make an award of damages where specific performance of an obligation at work or remedy is sought. This opinion is given by virtue of my position as Solicitor to the Council and is only given as the holder of that office. I am not giving this opinion in a personal capacity, nor do I accept any private or personal liability for any error or omission in it or which may arise therefrom and the recipient, in seeking to place reliance on the contents of this letter, must duly acknowledge the same if any error or omission is later to be found. This opinion is addressed to the GLA and is solely for its benefit. It may not be disclosed to or relied upon by any other person or made public in any way without my prior consent. This opinion is limited to matters addressed herein and is not to be read as an opinion with respect to any other matter. Yours faithfully Council Solicitor There follows the specimen signatures and titles of those who will or may attest the execution as a deed of the Agreement referred to above. Name Title Specimen Signature Greater London Authority [(Attention: [ ])] Dear Sirs We refer to a Grant Agreement dated [insert date] made between (1) the Greater London Authority and (2) [insert name of the Grant Recipient] (the Agreement). Capitalised terms used in this certificate, unless otherwise defined herein, shall have the same meaning as given to them in the Agreement. Pursuant to Condition 11.6 of the Agreement, we hereby confirm that based on current actual and projected information [delete one of the following options as appropriate] [the Agreement Funding together with the Decision Revenue will not exceed the Aggregate Development Costs.] / [the Agreement Funding together with the Decision Revenue is projected to exceed the Aggregate Development Costs and we have provided the details below2. Number of AHP Dwellings which are Practically Complete [ ] Agreement Funding (actual - received for AHP Dwellings which have achieved Practical Completion) £[ ] Decision Revenue (projected - rents and first tranche sales receipts for AHP Dwellings which have achieved Practical Completion) £[ ] Actual Development Costs (in relation to the AHP Dwellings which have achieved Practical Completion) £[ ] Actual cost gap (aggregate Actual Development Costs less Decision Revenue)] £[ ] Dated: ..................................................................
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Irrecoverable VAT on the above. Note 1 Note 2 Note 33 Capital costs incurred:
1.1 which are not eligible for social housing assistance as defined in Section 32(13) of the HRA 2008;
1.2 on land (forming part of the total site acquired) which will not be used exclusively for housing provision purposes directly related to the Named Project;
1.3 on estate offices, factories, letting offices;
1.4 on stores;
1.5 on medical or dental surgeries, clinics;
1.6 on police stations, public libraries, bus shelters;
1.7 on shops, restaurants, public houses, offices;
1.8 on transformer and other related buildings;
1.9 on maintenance depots, tools, plant and vehicles;
1.10 on garages (other than integral garages on market purchase scheme types) and greenhouses; and
1.11 on separate commercial laundry blocks and related equipment. [TO BE TYPED ON COUNCIL NOTEPAPER] Our ref Your ref Date Email address Greater London Authority City Hall Xxx Xxxxx'x Xxxx Xxxx Xxxxxx XX0 0XX To: Greater London Authority (the GLA) Dear Sirs, I refer to the proposed Negotiated Contract (Consortium) Grant Agreement to be entered into between [ ] (the Council) ), [INSERT OTHER PARTIES] and the GLA (the Agreement) for the purposes of, inter alia, providing affordable housing which is dated on or about the date hereof. In connection with the giving of this opinion, I have examined:
(a) the Agreement in its final form prior to execution and delivery thereof by the Council;
(b) the Council's Standing Orders for approving entry into and the execution and delivery of deeds by the Council and for the delegation of its authority and the powers of the Council's Executive;
(c) such other documents I consider appropriate for the purposes of giving this opinion.. I do not express any opinion as to, nor have I investigated the law of any jurisdiction other than England. I am of the opinion that, as at the date hereof, as a matter of English law, the Council has the power and authority to enter into, observe and perform the terms and obligations on its part to be observed and performed by it under the Agreement and has taken all necessary action and has obtained all relevant consents and approvals (statutory or otherwise) to authorise the execution and delivery of the Agreement and the performance and validity of the obligations under it. Neither the execution and the delivery of, nor the performance by the Council of its obligations under the Agreement will violate any provisions of any existing application law, rule, regulation or agreement binding on the Council, and the Agreement constitutes a valid and legally binding obligation on the Council enforceable in accordance with its terms. I have given this opinion, taking into account the common law and statutory duties applicable to the exercise of power by the Council. The above opinions are subject to the reservation that under English law, the power of the court to order or pursue performance of an obligation and any other equitable remedies is discretionary and, accordingly, an English court might make an award of damages where specific performance of an obligation at work or remedy is sought. This opinion is given by virtue of my position as Solicitor to the Council and is only given as the holder of that office. I am not giving this opinion in a personal capacity, nor do I accept any private or personal liability for any error or omission in it or which may arise therefrom and the recipient, in seeking to place reliance on the contents of this letter, must duly acknowledge the same if any error or omission is later to be found. This opinion is addressed to the GLA and is solely for its benefit. It may not be disclosed to or relied upon by any other person or made public in any way without my prior consent. This opinion is limited to matters addressed herein and is not to be read as an opinion with respect to any other matter. Yours faithfully Council Solicitor There follows the specimen signatures and titles of those who will or may attest the execution as a deed of the Agreement referred to above. Name Title Specimen Signature Where the term Relevant Consortium Member is used in the Agreement, that reference attaches to the Consortium Member specified in the matrix below. Condition Number Landlord of Named Project Applicable to Consortium Member responsible for the relevant breach Condition 1.1: ✓
(a) Actual Development Costs"
(b) Additional Project" ✓
(c) AHP Housing" ✓
(d) Building Contract" ✓
(e) Building Contractor" ✓
(f) Consortium Member Affiliate" ✓
(g) Decision Allowable Costs" ✓
(h) Decision Revenue" ✓
(i) Development Costs" ✓
(j) Disposal Notification" ✓
Appears in 2 contracts
Samples: Consortium Grant Agreement, Consortium Grant Agreement
Irrecoverable VAT on the above. Note 1 Note 2 Note 3
1.1 which are not eligible for social housing assistance as defined in Section 32(13) of the HRA 2008;
1.2 on land (forming part of the total site acquired) which will not be used exclusively for housing provision purposes directly related to the Named Project;
1.3 on estate offices, factories, letting offices;
1.4 on stores;
1.5 on medical or dental surgeries, clinics;
1.6 on police stations, public libraries, bus shelters;
1.7 on shops, restaurants, public houses, offices;
1.8 on transformer and other related buildings;
1.9 on maintenance depots, tools, plant and vehicles;
1.10 on garages (other than integral garages on market purchase scheme types) and greenhouses; and
1.11 on separate commercial laundry blocks and related equipment. [TO BE TYPED ON COUNCIL NOTEPAPER] Our ref Your ref Date Email address Greater London Authority City Hall Xxx Xxxxx'x Xxxx Xxxx Xxxxxx XX0 0XX To: Greater London Authority (the GLA) Dear Sirs, I refer to the proposed Negotiated Contract Grant Right to Buy Ringfence Agreement to be entered into between [ ] (the Council) and the GLA (the Agreement) for the purposes of, inter alia, providing affordable housing which is dated on or about the date hereof. In connection with the giving of this opinion, I have examined:
(a) the Agreement in its final form prior to execution and delivery thereof by the Council;
(b) the Council's Standing Orders for approving entry into and the execution and delivery of deeds by the Council and for the delegation of its authority and the powers of the Council's Executive;
(c) such other documents I consider appropriate for the purposes of giving this opinion.
Appears in 1 contract
Samples: Right to Buy Ringfence Agreement
Irrecoverable VAT on the above. Note 1 Note 2 Note 3
1.1 which are not eligible for social housing assistance as defined in Section 32(13) of the HRA 2008;
1.2 on land (forming part of the total site acquired) which will not be used exclusively for housing provision purposes directly related to the Named Project;
1.3 on estate offices, factories, letting offices;
1.4 on stores;
1.5 on medical or dental surgeries, clinics;
1.6 on police stations, public libraries, bus shelters;
1.7 on shops, restaurants, public houses, offices;
1.8 on transformer and other related buildings;
1.9 on maintenance depots, tools, plant and vehicles;
1.10 on garages (other than integral garages on market purchase scheme types) and greenhouses; and
1.11 on separate commercial laundry blocks and related equipment. [TO BE TYPED ON COUNCIL NOTEPAPER] Our ref Your ref Date Email address Greater London Authority City Hall Xxx Xxxxx'x Xxxx Xxxx Xxxxxx XX0 0XX To: Greater London Authority (the GLA) Dear Sirs, I refer to the proposed Negotiated Contract Approved Provider Grant Agreement to be entered into between [ ] (the Council) and the GLA (the Agreement) for the purposes of, inter alia, providing affordable housing which is dated on or about the date hereof. In connection with the giving of this opinion, I have examined:
(a) the Agreement in its final form prior to execution and delivery thereof by the Council;
(b) the Council's Standing Orders for approving entry into and the execution and delivery of deeds by the Council and for the delegation of its authority and the powers of the Council's Executive;
(c) such other documents I consider appropriate for the purposes of giving this opinion. I do not express any opinion as to, nor have I investigated the law of any jurisdiction other than England. I am of the opinion that, as at the date hereof, as a matter of English law, the Council has the power and authority to enter into, observe and perform the terms and obligations on its part to be observed and performed by it under the Agreement and has taken all necessary action and has obtained all relevant consents and approvals (statutory or otherwise) to authorise the execution and delivery of the Agreement and the performance and validity of the obligations under it. Neither the execution and the delivery of, nor the performance by the Council of its obligations under the Agreement will violate any provisions of any existing application law, rule, regulation or agreement binding on the Council, and the Agreement constitutes a valid and legally binding obligation on the Council enforceable in accordance with its terms. I have given this opinion, taking into account the common law and statutory duties applicable to the exercise of power by the Council. The above opinions are subject to the reservation that under English law, the power of the court to order or pursue performance of an obligation and any other equitable remedies is discretionary and, accordingly, an English court might make an award of damages where specific performance of an obligation at work or remedy is sought. This opinion is given by virtue of my position as Solicitor to the Council and is only given as the holder of that office. I am not giving this opinion in a personal capacity, nor do I accept any private or personal liability for any error or omission in it or which may arise therefrom and the recipient, in seeking to place reliance on the contents of this letter, must duly acknowledge the same if any error or omission is later to be found. This opinion is addressed to the GLA and is solely for its benefit. It may not be disclosed to or relied upon by any other person or made public in any way without my prior consent. This opinion is limited to matters addressed herein and is not to be read as an opinion with respect to any other matter. Yours faithfully Council Solicitor There follows the specimen signatures and titles of those who will or may attest the execution as a deed of the Agreement referred to above. Name Title Specimen Signature Greater London Authority [(Attention: [ ])] Dear Sirs We refer to a Grant Agreement dated [insert date] made between (1) the Greater London Authority and (2) [insert name of the Grant Recipient] (the Agreement). Capitalised terms used in this certificate, unless otherwise defined herein, shall have the same meaning as given to them in the Agreement. Pursuant to Condition 11.6 of the Agreement, we hereby confirm that based on current actual and projected information [delete one of the following options as appropriate] [the Agreement Funding together with the Decision Revenue will not exceed the Aggregate Development Costs.] / [the Agreement Funding together with the Decision Revenue is projected to exceed the Aggregate Development Costs and we have provided the details below2. Number of AHP Dwellings which are Practically Complete [ ] Agreement Funding (actual - received for AHP Dwellings which have achieved Practical Completion) £[ ] Decision Revenue (projected - rents and first tranche sales receipts for AHP Dwellings which have achieved Practical Completion) £[ ] Actual Development Costs (in relation to the AHP Dwellings which have achieved Practical Completion) £[ ] Actual cost gap (aggregate Actual Development Costs less Decision Revenue)] £[ ] Dated: ..................................................................
Appears in 1 contract
Samples: Approved Provider Grant Agreement
Irrecoverable VAT on the above. Note 1 Note 2 Note 33 Capital costs incurred:
1.1 which Which are not eligible for social housing assistance as defined in Section 32(13) of the HRA 2008;
1.2 on On land (forming part of the total site acquired) which will not be used exclusively for housing provision purposes directly related to the Named Project;
1.3 on On estate offices, factories, letting offices;
1.4 on On stores;
1.5 on On medical or dental surgeries, clinics;
1.6 on On police stations, public libraries, bus shelters;
1.7 on On shops, restaurants, public houses, offices;
1.8 on On transformer and other related buildings;
1.9 on On maintenance depots, tools, plant and vehicles;
1.10 on On garages (other than integral garages on market purchase scheme types) and greenhouses; and
1.11 on On separate commercial laundry blocks and related equipment. [TO BE TYPED ON COUNCIL NOTEPAPER] Our ref Your ref Date Email address Greater London Authority City Hall Xxx Xxxxx'x Xxxx Xxxx Xxxxxx XX0 0XX To: Greater London Authority (the GLA) Dear Sirs, I refer to the proposed Negotiated Contract Grant Agreement to be entered into between [ ] (the Council) and the GLA (the Agreement) for the purposes of, inter alia, providing affordable housing which is dated on or about the date hereof. In connection with the giving of this opinion, I have examined:
(a) the Agreement in its final form prior to execution and delivery thereof by the Council;
(b) the Council's Standing Orders for approving entry into and the execution and delivery of deeds by the Council and for the delegation of its authority and the powers of the Council's Executive;
(c) such other documents I consider appropriate for the purposes of giving this opinion.
Appears in 1 contract
Samples: Grant Agreement
Irrecoverable VAT on the above. Note 1 Note 2 Note 3
1.1 which are not eligible for social housing assistance as defined in Section 32(13) of the HRA 2008;
1.2 on land (forming part of the total site acquired) which will not be used exclusively for housing provision purposes directly related to the Named Project;
1.3 on estate offices, factories, letting offices;
1.4 on stores;
1.5 on medical or dental surgeries, clinics;
1.6 on police stations, public libraries, bus shelters;
1.7 on shops, restaurants, public houses, offices;
1.8 on transformer and other related buildings;
1.9 on maintenance depots, tools, plant and vehicles;
1.10 on garages (other than integral garages on market purchase scheme types) and greenhouses; and
1.11 on separate commercial laundry blocks and related equipment. [TO BE TYPED ON COUNCIL NOTEPAPER] Our ref Your ref Date Email address Greater London Authority City Hall Xxx Xxxxx'x Xxxx Xxxx Xxxxxx XX0 0XX To: Greater London Authority (the GLA) Dear Sirs, I refer to the proposed Negotiated Contract Developer-Led Grant Agreement to be entered into between [ ] (the Council) and the GLA (the Agreement) for the purposes of, inter alia, providing affordable housing which is dated on or about the date hereof. In connection with the giving of this opinion, I have examined:
(a) the Agreement in its final form prior to execution and delivery thereof by the Council;
(b) the Council's Standing Orders for approving entry into and the execution and delivery of deeds by the Council and for the delegation of its authority and the powers of the Council's Executive;
(c) such other documents I consider appropriate for the purposes of giving this opinion. I do not express any opinion as to, nor have I investigated the law of any jurisdiction other than England. I am of the opinion that, as at the date hereof, as a matter of English law, the Council has the power and authority to enter into, observe and perform the terms and obligations on its part to be observed and performed by it under the Agreement and has taken all necessary action and has obtained all relevant consents and approvals (statutory or otherwise) to authorise the execution and delivery of the Agreement and the performance and validity of the obligations under it. Neither the execution and the delivery of, nor the performance by the Council of its obligations under the Agreement will violate any provisions of any existing application law, rule, regulation or agreement binding on the Council, and the Agreement constitutes a valid and legally binding obligation on the Council enforceable in accordance with its terms. I have given this opinion, taking into account the common law and statutory duties applicable to the exercise of power by the Council. The above opinions are subject to the reservation that under English law, the power of the court to order or pursue performance of an obligation and any other equitable remedies is discretionary and, accordingly, an English court might make an award of damages where specific performance of an obligation at work or remedy is sought. This opinion is given by virtue of my position as Solicitor to the Council and is only given as the holder of that office. I am not giving this opinion in a personal capacity, nor do I accept any private or personal liability for any error or omission in it or which may arise therefrom and the recipient, in seeking to place reliance on the contents of this letter, must duly acknowledge the same if any error or omission is later to be found. This opinion is addressed to the GLA and is solely for its benefit. It may not be disclosed to or relied upon by any other person or made public in any way without my prior consent. This opinion is limited to matters addressed herein and is not to be read as an opinion with respect to any other matter. Yours faithfully Council Solicitor There follows the specimen signatures and titles of those who will or may attest the execution as a deed of the Agreement referred to above. 2 Name Title Specimen Signature 2 Please note that the Legal Opinion will not be in a form satisfactory to the GLA unless the person executing the Agreement is identified in this table. Greater London Authority [(Attention: [ ])] Dear Sirs We refer to a Grant Agreement dated [insert date] made between (1) the Greater London Authority and (2) [insert name of the Grant Recipient] (the Agreement). Capitalised terms used in this certificate, unless otherwise defined herein, shall have the same meaning as given to them in the Agreement. Pursuant to Condition 11.6 of the Agreement, we hereby confirm that based on current actual and projected information [delete one of the following options as appropriate] [the Agreement Funding together with the SPEI Revenue will not exceed the Aggregate Development Costs.] / [the Agreement Funding together with the SPEI Revenue is projected to exceed the Aggregate Development Costs and we have provided the details below. 3] Number of AHP Dwellings which are Practically Complete [ ] Agreement Funding (actual - received for AHP Dwellings which have achieved Practical Completion) £[ ] SPEI Revenue (projected - rents and first tranche sales receipts for AHP Dwellings which have achieved Practical Completion) £[ ] Actual Development Costs (in relation to the AHP Dwellings which have achieved Practical Completion) £[ ] Actual cost gap (aggregate Actual Development Costs less SPEI Revenue)] £[ ] Dated: ..................................................................
Appears in 1 contract
Samples: Developer Led Grant Agreement
Irrecoverable VAT on the above. Note 1 Note 2 Note 3
1.1 which are not eligible for social housing assistance as defined in Section 32(13) of the HRA 2008;
1.2 on land (forming part of the total site acquired) which will not be used exclusively for housing provision purposes directly related to the Named Project;
1.3 on estate offices, factories, letting offices;
1.4 on stores;
1.5 on medical or dental surgeries, clinics;
1.6 on police stations, public libraries, bus shelters;
1.7 on shops, restaurants, public houses, offices;
1.8 on transformer and other related buildings;
1.9 on maintenance depots, tools, plant and vehicles;
1.10 on garages (other than integral garages on market purchase scheme types) and greenhouses; and
1.11 on separate commercial laundry blocks and related equipment. [TO BE TYPED ON COUNCIL NOTEPAPER] Our ref Your ref Date Email address Greater London Authority City Hall Xxx Xxxxx'x Xxxx Xxxx Xxxxxx XX0 0XX Xxxxx Xxxxxxxx Way London E16 1ZE To: Greater London Authority (the GLA) Dear SirsGLA, I refer to the proposed Negotiated Contract Grant Agreement in relation to the Homes for Londoners: Affordable Homes Programme 2021-26 to be entered into between [ ] (the Council) and the GLA (the Agreement) for the purposes of, inter alia, providing affordable housing which is dated on or about the date hereof. In connection with the giving of this opinion, I have examined:
(a) the Agreement in its final form prior to execution and delivery thereof by the Council;
(b) the Council's Standing Orders for approving entry into and the execution and delivery of deeds by the Council and for the delegation of its authority and the powers of the Council's Executive;
(c) such other documents I consider appropriate for the purposes of giving this opinion.. I do not express any opinion as to, nor have I investigated the law of any jurisdiction other than England. I am of the opinion that, as at the date hereof, as a matter of English law, the Council has the power and authority to enter into, observe and perform the terms and obligations on its part to be observed and performed by it under the Agreement and has taken all necessary action and has obtained all relevant consents and approvals (statutory or otherwise) to authorise the execution and delivery of the Agreement and the performance and validity of the obligations under it. Neither the execution and the delivery of, nor the performance by the Council of its obligations under the Agreement will violate any provisions of any existing application law, rule, regulation or agreement binding on the Council, and the Agreement constitutes a valid and legally binding obligation on the Council enforceable in accordance with its terms. I have given this opinion, taking into account the common law and statutory duties applicable to the exercise of power by the Council. The above opinions are subject to the reservation that under English law, the power of the court to order or pursue performance of an obligation and any other equitable remedies is discretionary and, accordingly, an English court might make an award of damages where specific performance of an obligation at work or remedy is sought. This opinion is given by virtue of my position as Solicitor to the Council and is only given as the holder of that office. I am not giving this opinion in a personal capacity, nor do I accept any private or personal liability for any error or omission in it or which may arise therefrom and the recipient, in seeking to place reliance on the contents of this letter, must duly acknowledge the same if any error or omission is later to be found. This opinion is addressed to the GLA and is solely for its benefit. It may not be disclosed to or relied upon by any other person or made public in any way without my prior consent. This opinion is limited to matters addressed herein and is not to be read as an opinion with respect to any other matter. Yours faithfully Council Solicitor There follows the specimen signatures and titles of those who will or may attest the execution as a deed of the Agreement referred to above.4 Title Specimen Signature . Name 4 Please note that the Legal Opinion will not be in a form satisfactory to the GLA unless the person executing the Agreement is identified in this table. [ EXECUTED and delivered ) for and on behalf of the ) Authorised Signatory ………………………………………… NAME (BLOCK) ………………………………………… Position ………………………………………… Authorised Signatory ………………………………………… NAME (BLOCK) ………………………………………… Position …………………………………………] EXECUTED as a DEED by affixing THE COMMON ) SEAL of [LOCAL AUTHORITY] ) In the presence of: ) ……………………………………………… Authorised Officer Print Name: 1 Potters Fields HA had an Indicative Allocation of £2.4m to deliver 20 homes, all of which were Social Rent homes. The Average Grant Rate for the Social Rent (Standard) Dwellings was £120,000. 2 Potters Fields HA profiled 15 homes into two Named (Indicative) Projects on OPS. The GLA approved the two Named (Indicative) Projects at the following rates: Project 1: £840,000 grant in total The scheme had reached Practical Completion and 100 per cent of grant had been paid. Project 2: 8 Social Rent (Standard) Dwellings at grant rates of £140k per home £1,120,000 grant in total The scheme had achieved Start on Site and 50 per cent of the grant had been paid. 3 Potters Fields HA therefore had a remaining Indicative Allocation of £440,000 to deliver 5 Social Rent (Standard) Dwellings. This equated to £88,000 per home. Over the course of the programme, the GLA developed concerns about Potters Fields' ability to profile the 5 remaining Social Rent (Standard) Dwellings into Named (Indicative) Project(s) with its remaining Indicative Allocation, and reviewed this with the partner via an Interim Reconciliation Exercise as set out in Condition 12.6. 4 Following this Interim Reconciliation Exercise, it was determined that Potters Fields would be unlikely to profile out the remaining Social Rent (Standard) Dwellings at a level of £88,000 (or less) by 31 March 2026. This meant that the average grant rate of all the Social Rent homes in Potters Fields' Named (Indicative) Projects would be above the £120,000 Average Grant Rate agreed for Social Rent (Standard) Dwellings at the start of programme. This constituted an Interim Reconciliation Default as defined in Condition 12.7.2. 5 Following a service of notice by the GLA, Potters Fields failed to provide satisfactory information as required under Condition 19.7, and therefore the provisions of Condition 19.8 applied. The grant level on each Social Rent (Standard) Dwelling within Potters Fields' Named (Indicative) Projects on OPS was reduced by the Deduction Amount to bring the total level of funding in line with the Average Grant Rate for Social Rent homes. 6 The Deduction Amount, which is per home, was calculated in line with the formula set out in Condition 19.8.1: In this example: Total Social Rent = total grant allocated to all Social Rent (Standard) Dwellings in all Named (Indicative) Projects = £840,000 (for project 1) + £1,120,000 (for project 2) = £1,960,000. Average Social Rent = Average Grant Rate for "Social Rent" x total number of Social Rent (Standard) Dwellings in all Named (Indicative) Projects = £120,000 x 15 = £1,800,000 Number of Social Rent = total number of Social Rent (Standard) Dwellings in all Named (Indicative) Projects = 15
Appears in 1 contract
Samples: Grant Agreement
Irrecoverable VAT on the above. Note 1 Note 2 Note 33 Capital costs incurred:
1.1 which are not eligible for social housing assistance as defined in Section 32(13) of the HRA 2008;
1.2 on land (forming part of the total site acquired) which will not be used exclusively for housing provision purposes directly related to the Named Project;
1.3 on estate offices, factories, letting offices;
1.4 on stores;
1.5 on medical or dental surgeries, clinics;
1.6 on police stations, public libraries, bus shelters;
1.7 on shops, restaurants, public houses, offices;
1.8 on transformer and other related buildings;
1.9 on maintenance depots, tools, plant and vehicles;
1.10 on garages (other than integral garages on market purchase scheme types) and greenhouses; and
1.11 on separate commercial laundry blocks and related equipment. [TO BE TYPED ON COUNCIL NOTEPAPER] Our ref Your ref Date Email address Greater London Authority City Hall Xxx Xxxxx'x Xxxx Xxxx Xxxxxx XX0 0XX The Queen's Walk More London SE1 2AA To: Greater London Authority (the GLA) Dear Sirs, I refer to the proposed Negotiated Contract Approved Provider Grant Agreement to be entered into between [ ] (the Council) and the GLA (the Agreement) for the purposes of, inter alia, providing affordable housing which is dated on or about the date hereof. In connection with the giving of this opinion, I have examined:
(a) the Agreement in its final form prior to execution and delivery thereof by the Council;
(b) the Council's Standing Orders for approving entry into and the execution and delivery of deeds by the Council and for the delegation of its authority and the powers of the Council's Executive;
(c) such other documents I consider appropriate for the purposes of giving this opinion. I do not express any opinion as to, nor have I investigated the law of any jurisdiction other than England. I am of the opinion that, as at the date hereof, as a matter of English law, the Council has the power and authority to enter into, observe and perform the terms and obligations on its part to be observed and performed by it under the Agreement and has taken all necessary action and has obtained all relevant consents and approvals (statutory or otherwise) to authorise the execution and delivery of the Agreement and the performance and validity of the obligations under it. Neither the execution and the delivery of, nor the performance by the Council of its obligations under the Agreement will violate any provisions of any existing application law, rule, regulation or agreement binding on the Council, and the Agreement constitutes a valid and legally binding obligation on the Council enforceable in accordance with its terms. I have given this opinion, taking into account the common law and statutory duties applicable to the exercise of power by the Council. The above opinions are subject to the reservation that under English law, the power of the court to order or pursue performance of an obligation and any other equitable remedies is discretionary and, accordingly, an English court might make an award of damages where specific performance of an obligation at work or remedy is sought. This opinion is given by virtue of my position as Solicitor to the Council and is only given as the holder of that office. I am not giving this opinion in a personal capacity, nor do I accept any private or personal liability for any error or omission in it or which may arise therefrom and the recipient, in seeking to place reliance on the contents of this letter, must duly acknowledge the same if any error or omission is later to be found. This opinion is addressed to the GLA and is solely for its benefit. It may not be disclosed to or relied upon by any other person or made public in any way without my prior consent. This opinion is limited to matters addressed herein and is not to be read as an opinion with respect to any other matter. Yours faithfully Council Solicitor There follows the specimen signatures and titles of those who will or may attest the execution as a deed of the Agreement referred to above. Name Title Specimen Signature Greater London Authority [(Attention: [ ])] Dear Sirs We refer to a Grant Agreement dated [insert date] made between (1) the Greater London Authority and (2) [insert name of the Grant Recipient] (the Agreement). Capitalised terms used in this certificate, unless otherwise defined herein, shall have the same meaning as given to them in the Agreement. Pursuant to Condition 11.6 of the Agreement, we hereby confirm that based on current actual and projected information [delete one of the following options as appropriate] [the Agreement Funding together with the Decision Revenue will not exceed the Aggregate Development Costs.] / [the Agreement Funding together with the Decision Revenue is projected to exceed the Aggregate Development Costs and we have provided the details below2. Number of AHP Dwellings which are Practically Complete [ ] Agreement Funding (actual - received for AHP Dwellings which have achieved Practical Completion) £[ ] Decision Revenue (projected - rents and first tranche sales receipts for AHP Dwellings which have achieved Practical Completion) £[ ] Actual Development Costs (in relation to the AHP Dwellings which have achieved Practical Completion) £[ ] Actual cost gap (aggregate Actual Development Costs less Decision Revenue)] £[ ] Dated: ..................................................................
Appears in 1 contract
Samples: Approved Provider Grant Agreement
