Common use of Note 3 Clause in Contracts

Note 3. Subject to the above, where any cost incurred or to be incurred by the Grant Recipient is common both to the development of the RHP Dwelling within any Named Project and to any other activity, asset or property of the Grant Recipient, only such part of that cost as is attributable to the development of the RHP Dwelling may be treated as a cost in respect of which grant under this Agreement may be paid. 1 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; 1.11 on separate commercial laundry blocks and related equipment. Schedule 6 Legal Opinion‌ [TO BE TYPED ON COUNCIL NOTEPAPER] Our ref Your ref Date [ [ [ ] ] ] Email address [ ] Greater London Authority City ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Way London E16 1ZE To: Greater London Authority (the GLA) Dear Sirs, I refer to the proposed Refugee Housing Programme 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: 1 the Agreement in its final form prior to execution and delivery thereof by the Council; 2 the Council's Standing Orders for approving entry into and the execution and delivery of contracts by the Council and for the delegation of its authority and the powers of the Council's Executive; and 3 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 electronic signatures and titles of those who will or may attest the execution of the Agreement referred to above.3 3 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. Schedule 7 Evaluation Data‌ How properties have been sourced (e.g. through stock acquisition or another In December 2023 and thereafter upon request to aid with evaluation of the fund delivery route) How the GLA/RP has funded its contributory share Breakdown of households housed by previous housing situation, e.g. emergency accommodation/temporary accommodation Tenancy duration Rent levels Number of additional pledges made to provide housing for those in bridging accommodation Number of properties obtained outside the local authority’s area, if applicable, and where these are located. Evaluation of additional pledges, number of individuals houses, number of properties occupied. Schedule 8 Monitoring Data‌

Note 3. Subject to the above, where any cost incurred or to be incurred by the Grant Recipient is common both to the development of the RHP Dwelling within any Named Project and to any other activity, asset or property of the Grant Recipient, only such part of that cost as is attributable to the development of the RHP Dwelling may be treated as a cost in respect of which grant under this Agreement may be paid. 1 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; 1.11 on separate commercial laundry blocks and related equipment. Schedule 6 Legal Opinion‌ [TO BE TYPED ON COUNCIL NOTEPAPER] Our ref Your ref Date [ [ [ ] ] ] Email address [ ] Greater London Authority City ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Way London E16 1ZE To: Greater London Authority SPEI Assignment‌ Tasks assigned under this Agreement (the GLA) Dear Sirs, I refer to the proposed Refugee Housing Programme 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 SPEI services): as set out at Condition 2.1 of this opinion, I have examinedAgreement. Arrangements for review and recovery: 1 the Agreement in its final form prior to execution as set out at Condition 3.8 and delivery thereof by the Council; 2 the Council's Standing Orders for approving entry into and the execution and delivery of contracts by the Council and for the delegation of its authority and the powers of the Council's Executive; and 3 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 Condition 19.5 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 electronic signatures and titles of those who will or may attest the execution of the Agreement referred to above.3 3 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 tableAgreement. Schedule 7 Evaluation Data‌ How properties have been sourced (e.g. through stock acquisition or another In December 2023 and thereafter upon request to aid with evaluation of the fund delivery route) How the GLA/RP has funded its contributory share Breakdown of households housed by previous housing situation, e.g. emergency accommodation/temporary accommodation Tenancy duration Rent levels Number of additional pledges made to provide housing for those in bridging accommodation Number of properties obtained outside the local authority’s area, if applicable, and where these are located. Evaluation of additional pledges, number of individuals houses, number of properties occupied. Schedule 8 Monitoring Data‌.