Common use of Delivery Mechanism Clause in Contracts

Delivery Mechanism. 4.1 The First Homes shall be marketed for sale and shall only be sold (whether on a first or any subsequent sale) as First Homes to a person or person(s) meeting: 4.1.1 the Eligibility Criteria (National); and 4.1.2 the Eligibility Criteria (Local) (if any). 4.2 If after a First Home has been actively marketed for three (3) months (such period to expire no earlier than three (3) months prior to Practical Completion) it has not been possible to find a willing purchaser who meets the Eligibility Criteria (Local) (if any), paragraph 4.1.2 shall cease to apply. 4.3 Subject to paragraphs 4.6 to 4.10, no First Home shall be Disposed of (whether on a first or any subsequent sale) unless not less than 50% of the purchase price is funded by a first mortgage or other home purchase plan with a Mortgagee. 4.4 No First Home shall be Disposed of (whether on a first or any subsequent sale) unless and until: 4.4.1 The Council has been provided with evidence that: 4.4.1.1 the intended purchaser meets the Eligibility Criteria (National) and unless paragraph 4.2 applies meets the Eligibility Criteria (Local) (if any) 4.4.1.2 the Dwelling is being Disposed of as a First Home at the Discount Market Price; and 4.4.1.3 the transfer of the First Home includes: a) a definition of the “Council” which shall be Wealden District Council; b) a definition of "First Homes Provisions" in the following terms: “means the provisions set out in Schedule 2 of the S106 Agreement a copy of which is attached hereto as the Annexure.” c) A definition of "S106 Agreement" means the agreement made pursuant to Section 106 of the Town and Country Planning Act 1990 dated [ ] made between (1) the Council and (2) the Owners and (3) the Promoter ] d) a provision that the First Home is sold subject to and with the benefit of the First Homes Provisions and the Transferee acknowledges that it may not transfer or otherwise Dispose of the First Home or any part of it other than in accordance with the First Homes Provisions; and e) a copy of the First Homes Provisions in an Annexure. 4.4.2 The Council has issued the Compliance Certificate and the Council hereby covenants that it shall issue the Compliance Certificate within twenty eight (28) days of being provided with evidence sufficient to satisfy it that the requirements of paragraphs 4.3 and 4.4.1 have been met. 4.5 On the first Disposal of each and every First Home to apply to the Chief Land Registrar pursuant to Rule 91 of and Schedule 4 to the Land Registration Rules 2003 for the entry on the register of the title of that First Home of the following restriction: "No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a certificate signed by [Local Authority] of [address] or their conveyancer that the provisions of clause XX (the First Homes provision) of the Transfer dated [Date] referred to in the Charges Register have been complied with or that they do not apply to the disposition” 4.6 The owner of a First Home (which for the purposes of this clause shall include the Owner and any First Homes Owner) may apply to the Council to Dispose of it other than as a First Home on the grounds that either: 4.6.1 the Dwelling has been actively marketed as a First Home for six (6) months in accordance with Clauses 4.1 and 4.2 (and in the case of a first Disposal the six (6) months shall be calculated from a date no earlier than six (6) months prior to Practical Completion) and all reasonable endeavours have been made to Dispose of the Dwelling as a First Home but it has not been possible to Dispose of that ▇▇▇▇▇▇▇▇ as a First Home in accordance with paragraphs 4.3 and 4.4.1; or 4.6.2 requiring the First Homes Owner to undertake active marketing for the period specified in paragraph 4.6.1 before being able to Dispose of the Dwelling other than as a First Home would be likely to cause the First Homes Owner undue hardship. 4.7 Upon receipt of an application served in accordance with paragraph 4.6 the Council shall have the right (but shall not be required) to direct that the relevant Dwelling is Disposed of to it at the Discount Market Price. 4.8 If the Council is satisfied that either of the grounds in paragraph 4.6 above have been made out it shall confirm in writing within twenty eight (28) days of receipt of the written request made in accordance with paragraph 4.6 that the relevant Dwelling may be Disposed of: 4.8.1 to the Council at the Discount Market Price; or 4.8.2 (if the Council confirms that it does not wish to acquire the relevant Dwelling) other than as a First Home and on the issue of that written confirmation the obligations in this Deed which apply to First Homes shall cease to bind and shall no longer affect that Dwelling apart from paragraph 4.10 which shall cease to apply on receipt of payment by the Council where the relevant Dwelling is disposed of other than as a First Home. 4.9 If the Council does not wish to acquire the relevant Dwelling itself and is not satisfied that either of the grounds in paragraph 4.6 above have been made out then it shall within twenty eight (28) days of receipt of the written request made in accordance with paragraph 4.6 serve notice on the owner setting out the further steps it requires the owner to take to secure the Disposal of a Dwelling as a First Home and the timescale (which shall be no longer than six (6) months). If at the end of that period the owner has been unable to Dispose of the Dwelling as a First Home he may serve notice on the Council in accordance with paragraph 4.6 following which the Council must within 28 days issue confirmation in writing that the Dwelling may be Disposed of other than as a First Home. 4.10 Where a Dwelling is Disposed of other than as a First Home or to the Council at the Discount Market Price in accordance with paragraphs 4.8 or 4.9 above the owner of the First Home shall pay to the Council forthwith upon receipt of the proceeds of sale the Additional First Homes Contribution. 4.11 Upon receipt of the Additional First Homes Contribution the Council shall: 4.11.1 Within ten (10) working days of such receipt, provide a completed application to enable the removal of the restriction on the title set out in paragraph 4.5 where such restriction has previously been registered against the relevant title; 4.11.2 apply all monies received towards the provision of Affordable Housing. 4.12 Any person who purchases a First Home free of the restrictions in this Schedule pursuant to the provisions in paragraphs 6.9 and 6.10 shall not be liable to pay the Additional First Homes Contribution to the Council.

Delivery Mechanism. 4.1 2.1 The First Homes shall be marketed for sale and shall only be sold (whether on a first or any subsequent sale) as First Homes to a person or person(s) meeting: 4.1.1 2.1.1 the First Home Eligibility Criteria (National); and 4.1.2 2.1.2 the First Home Eligibility Criteria (Local) (if any). 4.2 2.2 If after a First Home has been actively marketed Advertised for three (3) 3 months (such period to expire no earlier than three (3) months prior to Practical Completion) it has not been possible to find a willing purchaser who meets the First Home Eligibility Criteria (Local) (if any), paragraph 4.1.2 2.1.2 shall cease to apply. 4.3 2.3 Subject to paragraphs 4.6 2.6 to 4.102.10, no First Home shall be Disposed of (whether on a first or any subsequent sale) unless not less than 50% of the purchase price is funded by a first mortgage or other home purchase plan with a Mortgagee. 4.4 2.4 No First Home shall be Disposed of (whether on a first or any subsequent sale) unless and until: 4.4.1 2.4.1 The Council has been provided with evidence that: 4.4.1.1 2.4.1.1 the intended purchaser meets the First Homes Eligibility Criteria (National) and unless paragraph 4.2 2.2 applies meets the First Home Eligibility Criteria (Local) (if any)) and perpetuity. Care must therefore be taken when using this template to ensure that any such ‘carve-out’ clause in the s.106 agreement does not override the relevant provisions of this template. provided the Council with all necessary documentation as stipulated in Annex [ ] as evidence 4.4.1.2 2.4.1.2 the Dwelling is being Disposed of as a First Home at the Discount Market Price; Price and 4.4.1.3 2.4.1.3 the transfer of the First Home includes: a) a definition of the “Council” which shall be Wealden District Council;The Cornwall Council of County Hall Treyew Road Truro TR1 3AY b) a definition of "First Homes Provisions" in the following terms: “means the provisions set out in Schedule 2 clause[s] [ ] of the [Supplemental] S106 Agreement a copy of which is attached hereto as the Annexure.” c) A definition of "[Supplemental] S106 Agreement" means the [supplemental] agreement made pursuant to Section 106 of the Town and Country Planning Act 1990 dated [ ] made between (1) the Council and [and] (2) the Owners [and (3) the Promoter ] d) a provision that the First Home Property is sold subject to and with the benefit of the First Homes Provisions and the Transferee acknowledges that it may not transfer or otherwise Dispose of the First Home Property or any part of it other than in accordance with the First Homes Provisions; and e) a copy of the First Homes Provisions in an Annexure. 4.4.2 2.4.2 The Council has issued the Compliance Certificate and the Council hereby covenants that it shall issue the Compliance Certificate within twenty eight (28) days of being provided with evidence sufficient to satisfy it that the requirements of paragraphs 4.3 2.3 and 4.4.1 2.4.1 have been met. 4.5 2.5 On the first Disposal of each and every First Home to apply to the Chief Land Registrar pursuant to Rule 91 of and Schedule 4 to the Land Registration Rules 2003 for the entry on the register of the title of that First Home of the following restriction: "No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a certificate signed by [Local Authority] of [address] or their conveyancer that the provisions of clause XX (the First Homes provision) of the Transfer dated [Date] referred to in the Charges Register have been complied with or that they do not apply to the disposition”: 4.6 2.6 The owner of a First Home (which for the purposes of this clause shall include the Owner Developer and any First Homes Owner) may apply to the Council to Dispose of it other than as a First Home on the grounds that either: 4.6.1 2.6.1 the Dwelling has been actively marketed Advertised as a First Home for six (6) months in accordance with Clauses 4.1 2.1 and 4.2 2.2 (and in the case of a first Disposal the six (6) months shall be calculated from a date no earlier than six (6) months prior to Practical Completion) and all reasonable endeavours have been made to Dispose of the Dwelling as a First Home but it has not been possible to Dispose of that ▇▇▇▇▇▇▇▇ Dwelling as a First Home in accordance with paragraphs 4.3 2.3 and 4.4.12.4.1; or 4.6.2 2.6.2 requiring the First Homes Owner to undertake active marketing carry out Advertising for the period specified in paragraph 4.6.1 2.6.1 before being able to Dispose of the Dwelling other than as a First Home would be likely to cause the First Homes Owner undue hardship. 4.7 2.7 Upon receipt of an application served in accordance with paragraph 4.6 2.6 the Council shall have the right (but shall not be required) to direct that the relevant Dwelling is Disposed disposed of to it at the Discount Market Price. 4.8 2.8 If the Council is satisfied that either of the grounds in paragraph 4.6 2.6 above have been made out it shall confirm in writing within twenty eight (28) days of receipt of the written request made in accordance with paragraph 4.6 2.6 that the relevant Dwelling may be Disposed of: 4.8.1 2.8.1 to the Council at the Discount Market Price; or 4.8.2 2.8.2 (if the Council confirms that it does not wish to acquire the relevant Dwelling) other than as a First Home and on the issue of that written confirmation the obligations in this Deed which apply to First Homes shall cease to bind and shall no longer affect that Dwelling apart from paragraph 4.10 2.10 which shall cease to apply on receipt of payment by the Council where the relevant Dwelling is disposed of other than as a First Home. 4.9 2.9 If the Council does not wish to acquire the relevant Dwelling itself and is not satisfied that either of the grounds in paragraph 4.6 2.6 above have been made out then it shall within twenty eight (28) days of receipt of the written request made in accordance with paragraph 4.6 2.6 serve notice on the owner setting out the further steps it requires the owner to take to secure the Disposal of a Dwelling as a First Home and the timescale (which shall be no longer than six six (6) months). If at the end of that period the owner has been unable to Dispose of the Dwelling as a First Home he may serve notice on the Council in accordance with paragraph 4.6 2.6 following which the Council must within 28 days issue confirmation in writing that the Dwelling may be Disposed of other than as a First Home. 4.10 Where a Dwelling is Disposed of other than as a First Home or to the Council at the Discount Market Price in accordance with paragraphs 4.8 or 4.9 above the owner of the First Home shall pay to the Council forthwith upon receipt of the proceeds of sale the Additional First Homes Contribution. 4.11 Upon receipt of the Additional First Homes Contribution the Council shall: 4.11.1 Within ten (10) working days of such receipt, provide a completed application to enable the removal of the restriction on the title set out in paragraph 4.5 where such restriction has previously been registered against the relevant title; 4.11.2 apply all monies received towards the provision of Affordable Housing. 4.12 Any person who purchases a First Home free of the restrictions in this Schedule pursuant to the provisions in paragraphs 6.9 and 6.10 shall not be liable to pay the Additional First Homes Contribution to the Council.

Delivery Mechanism. 4.1 5.1 The First Homes shall be marketed for sale and shall only be sold (whether on a first or any subsequent sale) as First Homes to a person or person(s) meeting: 4.1.1 5.1.1 the Eligibility Criteria (National); and 4.1.2 5.1.2 the Eligibility Criteria (Local) (if any). 4.2 5.1.3 If after a First Home has been actively marketed for three 3 (3three) months (such period to expire no earlier than three 3 (3three) months prior to Practical Completion) it has not been possible to find a willing purchaser who meets the Eligibility Criteria (Local) (if any), paragraph 4.1.2 shall 5.1.2shall cease to apply. 4.3 5.2 Subject to paragraphs 4.6 to 4.105.6- 5.10, no First Home shall be Disposed of (whether on a first or any subsequent sale) unless not less than 50% of the purchase price is funded by a first mortgage or other home purchase plan with a Mortgagee. 4.4 5.3 No First Home shall be Disposed of (whether on a first or any subsequent sale) unless and until: 4.4.1 The Council 5.3.1 UDC has been provided with evidence that: 4.4.1.1 (a) the intended purchaser meets the Eligibility Criteria (National) and unless paragraph 4.2 5.1.3 applies meets the Eligibility Criteria (Local); (b) (if any) 4.4.1.2 the Dwelling Housing Unit is being Disposed of as a First Home at the Discount Market Price; and 4.4.1.3 (c) the transfer of the First Home includes: a(i) a definition of the “Council” which shall be Wealden ‘Uttlesford District Council’; b(ii) a definition of "“First Homes Provisions" ” in the following terms: “means the provisions set out in Part 2of Schedule 2 of the S106 Agreement a copy of which is attached hereto as the Annexure.” c) A definition of "S106 Agreement" means the agreement made pursuant to Section 106 of the Town and Country Planning Act 1990 dated [ ] made between (1) the Council and (2) the Owners and (3) the Promoter ] d) a provision that the First Home is sold subject to and with the benefit of the First Homes Provisions and the Transferee acknowledges that it may not transfer or otherwise Dispose of the First Home or any part of it other than in accordance with the First Homes Provisions; and e) a copy of the First Homes Provisions in an Annexure. 4.4.2 The Council has issued the Compliance Certificate and the Council hereby covenants that it shall issue the Compliance Certificate within twenty eight (28) days of being provided with evidence sufficient to satisfy it that the requirements of paragraphs 4.3 and 4.4.1 have been met. 4.5 On the first Disposal of each and every First Home to apply to the Chief Land Registrar pursuant to Rule 91 of and Schedule 4 to the Land Registration Rules 2003 for the entry on the register of the title of that First Home of the following restriction: "No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a certificate signed by [Local Authority] of [address] or their conveyancer that the provisions of clause XX (the First Homes provision) of the Transfer dated [Date] referred to in the Charges Register have been complied with or that they do not apply to the disposition” 4.6 The owner of a First Home (which for the purposes of this clause shall include the Owner and any First Homes Owner) may apply to the Council to Dispose of it other than as a First Home on the grounds that either: 4.6.1 the Dwelling has been actively marketed as a First Home for six (6) months in accordance with Clauses 4.1 and 4.2 (and in the case of a first Disposal the six (6) months shall be calculated from a date no earlier than six (6) months prior to Practical Completion) and all reasonable endeavours have been made to Dispose of the Dwelling as a First Home but it has not been possible to Dispose of that ▇▇▇▇▇▇▇▇ as a First Home in accordance with paragraphs 4.3 and 4.4.1; or 4.6.2 requiring the First Homes Owner to undertake active marketing for the period specified in paragraph 4.6.1 before being able to Dispose of the Dwelling other than as a First Home would be likely to cause the First Homes Owner undue hardship. 4.7 Upon receipt of an application served in accordance with paragraph 4.6 the Council shall have the right (but shall not be required) to direct that the relevant Dwelling is Disposed of to it at the Discount Market Price. 4.8 If the Council is satisfied that either of the grounds in paragraph 4.6 above have been made out it shall confirm in writing within twenty eight (28) days of receipt of the written request made in accordance with paragraph 4.6 that the relevant Dwelling may be Disposed of: 4.8.1 to the Council at the Discount Market Price; or 4.8.2 (if the Council confirms that it does not wish to acquire the relevant Dwelling) other than as a First Home and on the issue of that written confirmation the obligations in this Deed which apply to First Homes shall cease to bind and shall no longer affect that Dwelling apart from paragraph 4.10 which shall cease to apply on receipt of payment by the Council where the relevant Dwelling is disposed of other than as a First Home. 4.9 If the Council does not wish to acquire the relevant Dwelling itself and is not satisfied that either of the grounds in paragraph 4.6 above have been made out then it shall within twenty eight (28) days of receipt of the written request made in accordance with paragraph 4.6 serve notice on the owner setting out the further steps it requires the owner to take to secure the Disposal of a Dwelling as a First Home and the timescale (which shall be no longer than six (6) months). If at the end of that period the owner has been unable to Dispose of the Dwelling as a First Home he may serve notice on the Council in accordance with paragraph 4.6 following which the Council must within 28 days issue confirmation in writing that the Dwelling may be Disposed of other than as a First Home. 4.10 Where a Dwelling is Disposed of other than as a First Home or to the Council at the Discount Market Price in accordance with paragraphs 4.8 or 4.9 above the owner of the First Home shall pay to the Council forthwith upon receipt of the proceeds of sale the Additional First Homes Contribution. 4.11 Upon receipt of the Additional First Homes Contribution the Council shall: 4.11.1 Within ten (10) working days of such receipt, provide a completed application to enable the removal of the restriction on the title set out in paragraph 4.5 where such restriction has previously been registered against the relevant title; 4.11.2 apply all monies received towards the provision of Affordable Housing. 4.12 Any person who purchases a First Home free of the restrictions in this Schedule pursuant to the provisions in paragraphs 6.9 and 6.10 shall not be liable to pay the Additional First Homes Contribution to the Council.

Delivery Mechanism. 4.1 The First Homes shall be marketed for sale and shall only be sold (whether on a first or any subsequent sale) as First Homes to a person or person(s) meeting: 4.1.1 : the Eligibility Criteria (National); and 4.1.2 and the Eligibility Criteria (Local) (if any). 4.2 . If after a First Home has been actively marketed for three (3) months (such period to expire no earlier than three (3) months prior to Practical CompletionCompletion of that First Home) it has not been possible to find a willing purchaser who meets the Eligibility Criteria (Local) (if any), paragraph 4.1.2 1.2 above shall cease to apply. 4.3 . Subject to paragraphs 4.6 6 to 4.1010 below, no First Home shall be First Home Disposed of (whether on a first or any subsequent sale) unless not less than fifty percent (50% %) of the purchase price is funded by a first mortgage or other home purchase plan with a First Home Mortgagee. 4.4 . No First Home shall be First Home Disposed of (whether on a first or any subsequent sale) unless and until: 4.4.1 : The District Council has been provided with evidence that: 4.4.1.1 : the intended purchaser meets the Eligibility Criteria (National) and unless paragraph 4.2 2 applies meets the Eligibility Criteria (Local) (if any) 4.4.1.2 ) the Dwelling is being First Home Disposed of as a First Home at the Discount First Homes Market Price; and 4.4.1.3 Price and the transfer of the First Home includes: a) : a definition of the “Council” which shall be Wealden the District Council; b) a definition of "First Homes Provisions" in the following terms: “means the provisions set out in Schedule 2 of the S106 Agreement a copy of which is attached hereto as the Annexure.” c) A definition of "S106 Agreement" means the agreement made pursuant to Section 106 of the Town and Country Planning Act 1990 dated [ ] made between (1) the Council and (2) the Owners and (3) the Promoter ] d) a provision that the First Home is sold subject to and with the benefit of the First Homes Provisions and the Transferee acknowledges that it may not transfer or otherwise Dispose of the First Home or any part of it other than in accordance with the First Homes Provisions; and e) a copy of the First Homes Provisions in an Annexure. 4.4.2 The Council has issued the Compliance Certificate and the Council hereby covenants that it shall issue the Compliance Certificate within twenty eight (28) days of being provided with evidence sufficient to satisfy it that the requirements of paragraphs 4.3 and 4.4.1 have been met. 4.5 On the first Disposal of each and every First Home to apply to the Chief Land Registrar pursuant to Rule 91 of and Schedule 4 to the Land Registration Rules 2003 for the entry on the register of the title of that First Home of the following restriction: "No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a certificate signed by [Local Authority] of [address] or their conveyancer that the provisions of clause XX (the First Homes provision) of the Transfer dated [Date] referred to in the Charges Register have been complied with or that they do not apply to the disposition” 4.6 The owner of a First Home (which for the purposes of this clause shall include the Owner and any First Homes Owner) may apply to the Council to Dispose of it other than as a First Home on the grounds that either: 4.6.1 the Dwelling has been actively marketed as a First Home for six (6) months in accordance with Clauses 4.1 and 4.2 (and in the case of a first Disposal the six (6) months shall be calculated from a date no earlier than six (6) months prior to Practical Completion) and all reasonable endeavours have been made to Dispose of the Dwelling as a First Home but it has not been possible to Dispose of that ▇▇▇▇▇▇▇▇ as a First Home in accordance with paragraphs 4.3 and 4.4.1; or 4.6.2 requiring the First Homes Owner to undertake active marketing for the period specified in paragraph 4.6.1 before being able to Dispose of the Dwelling other than as a First Home would be likely to cause the First Homes Owner undue hardship. 4.7 Upon receipt of an application served in accordance with paragraph 4.6 the Council shall have the right (but shall not be required) to direct that the relevant Dwelling is Disposed of to it at the Discount Market Price. 4.8 If the Council is satisfied that either of the grounds in paragraph 4.6 above have been made out it shall confirm in writing within twenty eight (28) days of receipt of the written request made in accordance with paragraph 4.6 that the relevant Dwelling may be Disposed of: 4.8.1 to the Council at the Discount Market Price; or 4.8.2 (if the Council confirms that it does not wish to acquire the relevant Dwelling) other than as a First Home and on the issue of that written confirmation the obligations in this Deed which apply to First Homes shall cease to bind and shall no longer affect that Dwelling apart from paragraph 4.10 which shall cease to apply on receipt of payment by the Council where the relevant Dwelling is disposed of other than as a First Home. 4.9 If the Council does not wish to acquire the relevant Dwelling itself and is not satisfied that either of the grounds in paragraph 4.6 above have been made out then it shall within twenty eight (28) days of receipt of the written request made in accordance with paragraph 4.6 serve notice on the owner setting out the further steps it requires the owner to take to secure the Disposal of a Dwelling as a First Home and the timescale (which shall be no longer than six (6) months). If at the end of that period the owner has been unable to Dispose of the Dwelling as a First Home he may serve notice on the Council in accordance with paragraph 4.6 following which the Council must within 28 days issue confirmation in writing that the Dwelling may be Disposed of other than as a First Home. 4.10 Where a Dwelling is Disposed of other than as a First Home or to the Council at the Discount Market Price in accordance with paragraphs 4.8 or 4.9 above the owner of the First Home shall pay to the Council forthwith upon receipt of the proceeds of sale the Additional First Homes Contribution. 4.11 Upon receipt of the Additional First Homes Contribution the Council shall: 4.11.1 Within ten (10) working days of such receipt, provide a completed application to enable the removal of the restriction on the title set out in paragraph 4.5 where such restriction has previously been registered against the relevant title; 4.11.2 apply all monies received towards the provision of Affordable Housing. 4.12 Any person who purchases a First Home free of the restrictions in this Schedule pursuant to the provisions in paragraphs 6.9 and 6.10 shall not be liable to pay the Additional First Homes Contribution to the Council.