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And- MID SUSSEX DISTRICT COUNCIL Dated 20 /j HASTOE HOUSING ASSOCIATION LIMITED (1) -and- MID SUSSEX DISTRICT COUNCIL (2) SUPPLEMENTAL NOMINATION AGREEMENT relating to land on the west side of Turners Hill Road, Crawley Down, West Sussex (Land Registry Title Number WSX360437) Tom Clark Solicitor to the Council Mid Sussex District Council , "Oaklands", Oaklands Road, Haywards Heath, West Sussex. RH16 1 SS 000345 Page 1 THIS SUPPLEMENTARY NOMINATION AGREEMENT is made the 2t/" day of !fare/. 20 /~ BETWEEN 1. HASTOE HOUSING ASSOCIATION LIMITED a Registered Society with number 16243Rof whose registered office is at Marina House, 17 Marina Place, Hampton Wick, Kingston U[pon Thames, Surrey, KT1 4BH {hereinafter called "the Registered Provider") of the one part; and 2. MID SUSSEX DISTRICT COUNCIL of "Oaklands" Oaklands Road Haywards Heath West Sussex (hereinafter called "the District Council") of the other part RECITALS {1) The Registered Provider and the District Council entered into a Nomination Agreement dated 17 November 2014 ("the Nomination Agreement") in relation to application reference 13/01146/FUL ("the Planning Permission"), pursuant to the provisions of the Section 106 Agreement the Registered Provider agreed to grant to the District Council the nomination rights hereinafter contained in respect of the Affordable Housing Units. (2) The Registered Provider subsequently made an application under section 73 of the Town and Country Planning Act 1990 (as amended) under application number 14/03665/CND to vary condition 7 of the Planning Permission to substitute existing approved drawing reference number PMC02-001_N with new drawing reference number PMC02001_P depicting an alternative drainage strategy ("the Revised Planning Permission"). (3) At its meeting of 18 December 2014 the District Council resolved to grant the Revised Planning Permission to carry out the Development subject only to the conditions and the Section 106 Agreement. {4) The parties agree to vary such Nomination Agreement as set out herein. MC I 000514 I 046231 I Version : 0.4 Page2 MC, NOW THIS AGREEMENT WITNESSETH as follows:- 1. Definitions and Interpretations Save as otherwise provided herein words phrases and expressions in this Agreement (including Recitals) shall have the same meaning as those contained in the Nomination Agreement as though they were contained in and formed part of this Agreement. 2. Supplemental to the Nomination Agreement 2.1 It is hereby agreed and declared by the parties that with effect from the date hereof the Nomination Agreement shall be varied as shown at Schedule 1 to this Agreement. 2.2 It is hereby agreed and declared by the parties hereto that except for modifications as set out in Schedule 1 hereto the provisions of the Nomination Agreement shall remain in full force and effect. 2.3 The Registered Provider shall pay the District Council's reasonable legal costs for the negotiation and completion of this Agreement. SCHEDULE 1 1 . Deletion of "Affordable Housing Units" in clause 1 (a) and its replacement with the following definition: "Affordable Housing Units" means the twenty-six (26) units of residential accommodation together with forty-two (42) associated car parking spaces and gardens/ amenity land which are on the Land pursuant to planning permission under reference 13/01146/FUL and/ or 14/03655/CND ("the Planning Permissions") and which are to be occupied as Affordable Housing by a Nominee or Other Eligible e2 MC I 000514 I 046231 I Version : 0.4 Page 3 Person in accordance with this Agreement, the Section 106 Agreement, the Local Connection Criteria and "Affordable Housing Unit" is any part of the Affordable Housing Units capable of separate occupation. 2. Definition of "Lease" under clause 1 (a) is to be deleted and its replacement with the following definition: "Lease" means a shared ownership lease drawn in accordance with the guidelines and requirements of the Homes and Communities Agency and substantially in the form of the appropriate model lease published by the Homes and Communities Agency (as may be amended from time to time) and which lease shall restrict the amount of equity of the Affordable Housing Units that may be purchased by a Nominee or Other Eligible Person (known as staircasing) to a maximum of 80% of the value of the Unit. 3. Definition of "Section 106 Agreement" under clause 1 (a) is to be amended to include the following: "and as amended by a Second Deed of Variation dated 11 March 2015 made between (1) Mid Sussex District Council (in its capacity as local planning authority) and (2) West Sussex County Council and (3) Hastoe Housing Association Limited. 4. All references in the Nomination Agreement to the words "Planning Permission" shall be deleted and replaced with the words "Planning Permissions". 5. All references in the Nomination Agreement to the words "initial grant" shall be deleted and replaced with the word "grant". MC I 000514 / 046231 I Version : 0.4 Page4 lite / IN WITNESS whereof the parties hereto have duly executed this document as a Deed this day and year first before written THE COMMON SEAL of the MID SUSSEX DISTRICT COUNCIL was hereunto affixed in the presence. of:- ~}~ Authorised Officer THE COMMON SEAL of HASTOE HOUSING ASSOCIATION LIMITED was hereunto affixed in the presence of:- Authorised Signatory Authorised Signatory 1age 4 Page 5 I 000514 I 046231 I Version : 0.4 .
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