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(2) [New Co] Agreement Relating to Knipe Point, Scarborough, North Yorkshire and the P

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(2) [New Co] Agreement Relating to Knipe Point, Scarborough, North Yorkshire and the P DATED 2013 (1) THE SCARBOROUGH BOROUGH COUNCIL (2) [NEW CO] AGREEMENT RELATING TO KNIPE POINT, SCARBOROUGH, NORTH YORKSHIRE AND THE PATHFINDER PROJECT The Scarborough Borough Council Town Hall St Nicholas Street Scarborough North Yorkshire YO11 2HG CONTENTS CLAUSE 1. Definitions and Interpretation .................................................................................... 1 2. Purchase of Saxon Park by the Owner ................................................................... 4 3. Payment of the Grant ................................................................................................. 6 4. Relocation of the Knipe Point Residents to Saxon Park ....................................... 7 5. Records ........................................................................................................................ 8 6. Monitoring and Reporting .......................................................................................... 8 7. Freedom of information .............................................................................................. 9 8. Withholding, suspending and repayment of the Grant ........................................ 10 9. Anti-discrimination .................................................................................................... 11 10. Human rights ............................................................................................................. 11 11. Limitation of liability .................................................................................................. 11 12. Warranties .................................................................................................................. 11 13. Duration ...................................................................................................................... 12 14. Termination ................................................................................................................ 12 15. Assignment ................................................................................................................ 12 16. Waiver ........................................................................................................................ 13 17. Notices ....................................................................................................................... 13 18. No partnership or agency ........................................................................................ 13 19. Contracts (Rights of Third Parties) Act 1999 ........................................................ 13 20. Governing law ........................................................................................................... 13 THIS DEED is dated 2013 PARTIES (1) THE SCARBOROUGH BOROUGH COUNCIL of Town Hall, St Nicholas Street, Scarborough, North Yorkshire, YO11 2HG (the Council). (2) [NEW CO] (Company Registration Number[ ] ) whose registered office is at [ ] (the Owner). BACKGROUND (A) Knipe Point Freeholders Limited (Company Registration Number 4619797) is the freehold owner of land at Knipe Point Drive, Cayton, North Yorkshire which is subject to a number of long leases to Knipe Point residents. (B) In April 2008 a landslip occurred resulting in cliff top recession and the loss of land at Knipe Point, Cayton Bay, Scarborough, North Yorkshire and left a number of the leased properties at Knipe Point Drive at risk. (C) The Council as Coast Protection Authority used its permissive powers under the Coast Protection Act 1949 and as well as its well being powers under the Local Government Act 2000 (now replaced by the general power of competence under the Localism Act 2011) to secure grant funding from DEFRA as part of the DEFRA Coastal Change Pathfinder. (D) The DEFRA Pathfinder Grant is to assist coastal communities to adapt to coastal change and the Council wishes to pay the DEFRA Pathfinder Grant to the Owner to enable the Owner to purchase land at Saxon Park, Crossgates, Seamer, Scarborough for certain residents at Knipe Point to relocate from their at risk properties at Knipe Point Drive. (E) These terms and conditions are intended to ensure that the Pathfinder Grant is used for the purpose for which it is given. AGREED TERMS 1. DEFINITIONS AND INTERPRETATION 1.1 In this Agreement the following terms shall have the following meanings: Bribery Act: the Bribery Act 2010 and any subordinate legislation made under that Act from time to time together with any guidance or codes of practice issued by the relevant government department concerning the legislation. Commencement Date: the date of this Agreement. DEFRA: the Department for Environment, Food and Rural Affairs and includes any successors statutory or otherwise 1 DEFRA Pathfinder Grant Conditions: the following conditions in respect of the properties at Knipe Point belonging to the Knipe Point Residents: (i) at imminent risk, vacated in agreement with the Council, declared unsafe or is lost as a result of coastal recession; (ii) any residential property of the Knipe Point Resident (i.e. including a second home, buy to let or investment property); (iii) a fixed dwelling (i.e not a moveable home such as a caravan or temporary structure); (iv) purchased before the ‘Pathfinder’ consultation document was launched on 15 June 2009; (v) vacated by agreement, demolished or lost to coastal recession after the 15 June 2009. Grant: up to a maximum of £878,452.00 (Eight hundred and seventy eight thousand four hundred and fifty two pounds) to be paid in accordance with this Agreement. Grant Period: the period for which the Grant is available starting on the Commencement Date and ending on 16 January 2015. Knipe Point Residents: the following Knipe Point Drive residents: Paul and Ann Bentley of 5 Knipe Point Drive; Roland and Judy Backhouse of 6 Knipe Point Drive; Kevin and Mary Lloyd of 7 Knipe Point Drive; Philip and Heather Johns of 8 Knipe Point Drive; Norma Tooley of 9 and 10 Knipe Point Drive; Ian Parkin of 11 Knipe Point Drive; Peter Humble of 12 Knipe Drive; Linda Ibbotson of 13 Knipe Point Drive; Vincent and Glenis Morrison of 14 Knipe Point Drive; Peter and Wendy Beaumont of 15 Knipe Point Drive; Malcolm and Christine Pirks of 16 Knipe Point Drive; Wendy Holmes of 17 Knipe Point Drive; Christopher Newell of 18 Knipe Point Drive; John and Moya Green of 25 and 26 Knipe Point Drive; or such other residents as agreed with the Council as meeting the DEFRA Pathfinder Grant Conditions. 2 Owner’s Solicitor: Jane Nickson of Birdsall & Snowball Solicitors, 12 West Avenue, Filey, YO14 9AA. Planning Permission: Decision Numbers 12/00079FL, 4/9/334C/FL and 03/01968/FL and shall include any variations of any of their terms. Prohibited Act: means: (b) offering, giving or agreeing to give to any officer of the Council any gift or consideration of any kind as an inducement or reward for: (i) doing or not doing (or for having done or not having done) any act in relation to the obtaining or performance of this Agreement or any other contract with the Council; or (ii) showing or not showing favour or disfavour to any person in relation to this Agreement or any other contract with the Council; (c) entering into this Agreement or any other contract with the Council where a commission has been paid or has been agreed to be paid by the Owner or on its behalf, or to its knowledge, unless before the relevant contract is entered into particulars of any such commission and of the terms and conditions of any such contract for the payment thereof have been disclosed in writing to the Council; (d) committing any offence: (i) under the Bribery Act; (ii) under legislation creating offences in respect of fraudulent acts; or (iii) at common law in respect of fraudulent acts in relation to this Agreement or any other contract with the Council; or (e) defrauding or attempting to defraud or conspiring to defraud the Council. Saxon Park: the property at Saxon Park, Crossgates, Seamer, Scarborough, North Yorkshire comprised in Title Number NYK110157. 1.2 Clause, Schedule and paragraph headings shall not affect the interpretation of this agreement. 1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 1.4 The Schedules and Annexes form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules. 3 1.5 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. 1.6 Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular. 1.7 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders. 1.8 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. 1.9 A reference to a statute or statutory provision shall include any subordinate legislation made from time to time under that statute or statutory provision. 1.10 A reference to writing or written includes faxes but not e-mail. 1.11 A reference to "this agreement" or to any other agreement or document referred to in this agreement is a reference to this agreement or such other document or agreement as varied or novated (in each case, other than in breach of the provisions of this agreement) from time to time. 1.12 References to clauses and Schedules and Annexes are to the clauses
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