Firm Schemes. The Grant Recipient must: not less than five (5) Business Days prior to the projected Start on Site Date upload such details of each New Scheme (other than an Indicative Scheme) comprised within the Approved Bid as are required onto Homes England’s IMS; and (subject to Conditions 4.5 to 4.7 (inclusive)) not less than five (5) Business Days prior to the Transition Date, upload onto Homes England’s IMS (or amend through IMS) such details of each Indicative Scheme as are required in order for Homes England to consider the conversion of such Indicative Scheme to a Firm Scheme for the delivery of Move On Housing, and where in either case the relevant scheme is accepted by Homes England through IMS, it will become a Firm Scheme for the purposes of this Agreement with effect from the Acceptance Date. The Grant Recipient represents and warrants to Homes England in relation to each Firm Scheme that: the Firm Scheme: is in its opinion (acting reasonably) deliverable in accordance with the Firm Scheme Delivery Timetable and is consistent with the Submitted Standards, the Design Statement and the Approved Bid; is consistent with local strategic priorities; comprises no Public Sector Subsidy beyond that identified in the Firm Scheme Details; subject to Condition 6.3, has committed revenue funding from the local authority in whose administrative area the Firm Scheme is located; and will comprise no dwellings which have not been specifically acquired or designed for use by those in the relevant Agreed Client Group, and the Grant Recipient: in the case of a P&D Scheme, possesses a Secure Legal Interest (P&D); in the case of an L&R Scheme, possesses or will possess a Secure Legal Interest (L&R) where the lease is not (and will not be) capable of being terminated (save in the case of material breach) by the landlord prior to the expiry of the Lease Period; has obtained all Consents necessary for the lawful development, repair or Rehabilitation of the Firm Scheme to the Submitted Standards and for the delivery of the Firm Scheme in accordance with the Firm Scheme Details as are then required; is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; has not nor have any of its officers made a Section 114 Report nor is it aware of any circumstances which would give rise to the making of a Section 114 Report; and has complied with all applicable requirements of the Capital Funding Guide in relation to the Firm Scheme, and none of the property, buildings or dwelling-houses comprised in any L&R Scheme is a Social Housing Dwelling or already owned by the Grant Recipient or a Grant Recipient Affiliate. The Grant Recipient will be permitted to disclose against the warranty given in Condition 6.2.1(d) but must provide details of the then current revenue funding position to Homes England. Homes England has no obligation to make any payment of grant to the Grant Recipient in relation to anything other than a Firm Scheme. Homes England may at its absolute discretion vary the percentages attributed to the Acquisition Tranche Grant, the First Tranche Grant and/or the Second Tranche Grant from time to time save that no such variation will take effect in relation to a Firm Scheme which has been confirmed as such by Homes England pursuant to Condition 6.1 and in relation to which any Tranche has already been paid. Under no circumstances shall Homes England be obliged to accept a Firm Scheme if Homes England (acting reasonably) believes that it does not, will not or is unlikely to have sufficient financial resources available to it (taking account inter alia of its commitments under the Move On Fund) to provide Firm Scheme Grant in relation to the relevant scheme. The Grant Recipient must in relation to each Firm Scheme: carry out the acquisition of the Site and procure and diligently pursue the completion of the Works so that: the Firm Scheme is (subject to Condition 8.2) acquired, delivered, repaired or Rehabilitated (as applicable) in accordance with the Firm Scheme Delivery Timetable; when delivered, the Firm Scheme fully complies with the Firm Scheme Details and meets the Submitted Standards; and any applicable requirements of the Procurement Requirements and the Consents are complied with; take such steps as are necessary to ensure (as far as practicable) the letting of the Move On Dwellings to Eligible Tenants at the Firm Scheme Completion Date (or as soon as reasonably possible thereafter); (collectively the Firm Scheme Obligations). In delivering a Firm Scheme and in operating and administering such Firm Scheme after Practical Completion, the Grant Recipient must: observe and comply with Legislation, the applicable terms of the Capital Funding Guide and the Recovery Determination and the Consents; and use its reasonable endeavours to deliver the commitments and/or proposals outlined in the Statements. The Grant Recipient shall procure that Homes England’s Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of a Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement. The Grant Recipient must notify Homes England in writing: immediately once the Start on Site Date has occurred; immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Firm Scheme (or any part of it) beyond any amount of Public Sector Subsidy notified to Homes England by the Grant Recipient pursuant to Condition 6.2; immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect in relation to a Firm Scheme; and of any other event or circumstance in relation a Firm Scheme as Homes England may reasonably require from time to time and within such timeframes as Homes England may reasonably require. Without prejudice to Condition 7.2, the Grant Recipient must in operating and administering a Firm Scheme after Practical Completion: not without Homes England’s prior written consent (such consent to be given or withheld in Homes England’s absolute discretion) use the Move On Dwellings: for any purpose other than the Agreed Purposes; or to accommodate individuals from outside of the Agreed Client Group; subject to any contrary requirement of Legislation comply with the Rent Requirement in respect of the Affordable Rent Dwellings and the Social Rent Dwellings; comply with the Tenancy Standard in respect of the Affordable Rent Dwellings and the Social Rent Dwellings; participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); comply with Homes England’s requirements in relation to Compliance Audit; observe and comply with applicable requirements of the Capital Funding Guide in relation to: the purpose, client group, letting, management or disposal of the Affordable Rent Dwellings and Social Rent Dwellings; and the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement; not charge a higher rent in relation to a Move On Dwelling than set out in the relevant Firm Scheme Details; in relation to each Affordable Rent Dwelling and Social Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard, the objectives of the Move On Fund and the efficient use of public funds and use all reasonable endeavours to ensure that such tenancy will not prejudice the Agreed Purposes of the relevant Affordable Rent Dwelling or Social Rent Dwelling; save where Homes England agrees otherwise, procure on any Disposal a written acknowledgement from the disponee in favour of Homes England that the amount of Firm Scheme Grant allocated to the property comprised in the disposal pursuant to this Agreement in social housing assistance received by it for the purposes of Section 33(7) of the HRA 2008; provide written notification to Homes England of any Disposal within ten (10) Business Days of such Disposal taking place; provide Homes England with such information (and within such timescales) as Homes England may reasonably require to enable Homes England to monitor compliance by the Grant Recipient with its obligations under this Agreement; and comply with the terms of any Tenancy Support Grant Agreements. The Grant Recipient shall ensure that Homes England’s requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Capital Funding Guide are observed and implemented in respect of each Firm Scheme. In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid as appended to this Agreement and with proper regard to the need for efficiency in the use of public funds. The Grant Recipient must: comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ (Requirements); not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ if such activity, practice or conduct had been carried out in the UK; comply with Homes England’s ethical, anti-bribery and anti-corruption policies, a copy of which is available here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/ethical-policies, in each case as Homes England or the relevant industry body may update from time to time (Relevant Policies); have and maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, to ensure compliance with the Requirements, the Relevant Policies and Condition 7.8.2, and will enforce them where appropriate; and immediately report to Homes England’s Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by the Grant Recipient in connection with the performance of this Agreement. Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 7 it must promptly notify Homes England of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
Appears in 1 contract
Sources: Grant Agreement
Firm Schemes. The Grant Recipient must: not less than five (5) Business Days prior to the projected Start on Site Date upload such details of each New Scheme (other than an Indicative Scheme) comprised within the Approved Bid as are required onto Homes England’s IMS; and (subject to Conditions 4.5 to 4.7 (inclusive)) not less than five (5) Business Days prior to the Transition Date, upload onto Homes England’s IMS (or amend through IMS) such details of each Indicative Scheme as are required in order for Homes England to consider the conversion of such Indicative Scheme to a Firm Scheme for the delivery of Move On Housing, and where in either case the relevant scheme is accepted by Homes England through IMS, it will become a Firm Scheme for the purposes of this Agreement with effect from the Acceptance Date. The Grant Recipient represents and warrants to Homes England in relation to each Firm Scheme that: the Firm Scheme: is in its opinion (acting reasonably) deliverable in accordance with the Firm Scheme Delivery Timetable and is consistent with the Submitted Standards, the Design Statement and the Approved Bid; has received the support of the Local Housing Authority (which it acknowledges will be verified by Homes England with the Local Housing Authority) and is consistent with local strategic priorities; comprises no Public Sector Subsidy beyond that identified in the Firm Scheme Details; subject to Condition 6.3, has committed revenue funding from the local authority in whose administrative area the Firm Scheme is located; and will comprise no dwellings which have not been specifically acquired or designed for use by those in the relevant Agreed Client Group, and the Grant Recipient: in the case of a P&D Scheme, possesses a Secure Legal Interest (P&D); in the case of an L&R Scheme, possesses or will possess a Secure Legal Interest (L&R) where the lease is not (and will not be) capable of being terminated (save in the case of material breach) by the landlord prior to the expiry of the Lease Period; has obtained all Consents necessary for the lawful development, repair or Rehabilitation of the Firm Scheme to the Submitted Standards and for the delivery of the Firm Scheme in accordance with the Firm Scheme Details as are then required; is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; has not nor have any of its officers made a Section 114 Report nor is it aware of any circumstances which would give rise to the making of a Section 114 Report; and has complied with all applicable requirements of the Capital Funding Guide in relation to the Firm Scheme, ; and none of the property, buildings or dwelling-houses comprised in any L&R Scheme is a Social Housing Dwelling or already owned by the Grant Recipient or a Grant Recipient Affiliate. The Grant Recipient will be permitted to disclose against the warranty given in Condition 6.2.1(d) but must provide details of the then current revenue funding position to Homes England. Homes England has no obligation to make any payment of grant to the Grant Recipient in relation to anything other than a Firm Scheme. Homes England may at its absolute discretion vary the percentages attributed to the Acquisition Tranche Grant, the First Tranche Grant and/or the Second Tranche Grant from time to time save that no such variation will take effect in relation to a Firm Scheme which has been confirmed as such by Homes England pursuant to Condition 6.1 and in relation to which any Tranche has already been paid. Under no circumstances shall Homes England be obliged to accept a Firm Scheme if Homes England (acting reasonably) believes that it does not, will not or is unlikely to have sufficient financial resources available to it (taking account inter alia of its commitments under the Move On FundOn) to provide Firm Scheme Grant in relation to the relevant scheme. The Grant Recipient must in relation to each Firm Scheme: carry out the acquisition of the Site and procure and diligently pursue the completion of the Works so that: the Firm Scheme is (subject to Condition 8.2) acquired, delivered, repaired or Rehabilitated (as applicable) in accordance with the Firm Scheme Delivery Timetable; when delivered, the Firm Scheme fully complies with the Firm Scheme Details and meets the Submitted Standards; and any applicable requirements of the Procurement Requirements and the Consents are complied with; take such steps as are necessary to ensure (as far as practicable) the letting of the Move On Dwellings to Eligible Tenants at the Firm Scheme Completion Date (or as soon as reasonably possible thereafter); (collectively the Firm Scheme Obligations). In delivering a Firm Scheme and in operating and administering such Firm Scheme after Practical Completion, the Grant Recipient must: observe and comply with Legislation, the applicable terms of the Capital Funding Guide and the Recovery Determination and the Consents; and use its reasonable endeavours to deliver the commitments and/or proposals outlined in the Statements. The Grant Recipient shall procure that Homes England’s Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of a Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement. The Grant Recipient must notify Homes England in writing: immediately once the Start on Site Date has occurred; immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Firm Scheme (or any part of it) beyond any amount of Public Sector Subsidy notified to Homes England by the Grant Recipient pursuant to Condition 6.2; immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect in relation to a Firm Scheme; and of any other event or circumstance in relation a Firm Scheme as Homes England may reasonably require from time to time and within such timeframes as Homes England may reasonably require. Without prejudice to Condition 7.2, the Grant Recipient must in operating and administering a Firm Scheme after Practical Completion: not without Homes England’s prior written consent (such consent to be given or withheld in Homes England’s absolute discretion) use the Move On Dwellings: for any purpose other than the Agreed Purposes; or to accommodate individuals from outside of the Agreed Client Group; subject to any contrary requirement of Legislation comply with the Rent Requirement Standard in respect of the Affordable Rent Dwellings and the Social Rent Dwellings; comply with the Tenancy Standard in respect of the Affordable Rent Dwellings and the Social Rent Dwellings; participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); comply with Homes England’s requirements in relation to Compliance Audit; observe and comply with applicable requirements of the Capital Funding Guide in relation to: the purpose, client group, letting, management or disposal of the Affordable Rent Dwellings and Social Rent Dwellings; and the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement; not charge a higher rent in relation to a Move On Dwelling than set out in the relevant Firm Scheme Details; in relation to each Affordable Rent Dwelling and Social Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard, the objectives of the Move On Fund Standard and the efficient use of public funds and use all reasonable endeavours to ensure that such tenancy will not prejudice the Agreed Purposes of the relevant Affordable Rent Dwelling or Social Rent Dwelling; save where Homes England agrees otherwise, procure on any Disposal a written acknowledgement from the disponee in favour of Homes England that the amount of Firm Scheme Grant allocated to the property comprised in the disposal pursuant to this Agreement in social housing assistance received by it for the purposes of Section 33(7) of the HRA 2008; provide written notification to Homes England of any Disposal within ten (10) Business Days of such Disposal taking place; provide Homes England with such information (and within such timescales) as Homes England may reasonably require to enable Homes England to monitor compliance by the Grant Recipient with its obligations under this Agreementfunds; and comply Comply with the terms of any Tenancy Support Grant Agreements. The Grant Recipient shall ensure that Homes England’s requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Capital Funding Guide are observed and implemented in respect of each Firm Scheme. In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid as appended to this Agreement and with proper regard to the need for efficiency in the use of public funds. The Grant Recipient must: comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ (Requirements); not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ if such activity, practice or conduct had been carried out in the UK; comply with Homes England’s ethical, anti-bribery and anti-corruption policies, a copy of which is available here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/ethical-policies, in each case as Homes England or the relevant industry body may update from time to time (Relevant Policies); have and maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, to ensure compliance with the Requirements, the Relevant Policies and Condition 7.8.2, and will enforce them where appropriate; and immediately report to Homes England’s Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by the Grant Recipient in connection with the performance of this Agreement. Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 7 it must promptly notify Homes England of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
Appears in 1 contract
Sources: Grant Agreement