HOLTON ROAD COMMERCIAL RENEWAL
AREA GRANT TERMS & CONDITIONS
CONTENTS
PAGE
1.0
INTRODUCTION
2
2.0
INTERPRETATION
2
3.0
THE GRANT
3
4.0
ELIGIBLE WORKS & EXPENDITURE
4
5.0
THE APPLICATION
4
6.0
DESIGN
5
7.0
GRANT OFFER AND ACCEPTANCE
5
8.0
COMMENCEMENT AND COMPLETION OF ELIGIBLE WORKS
6
9.0
IMPLEMENTATION OF ELIGIBLE WORKS
6
10.0
INSURANCE
6
11.0
ASSIGNMENT
7
12.0
PROPERTY USAGE
7
13.0
REPAIR AND CONDITION
7
14.0
GRANT MONITORING
7
15.0
PAYMENT OF GRANT
7
16.0
REPAYMENT OF GRANT
8
17.0
PUBLICITY
9
18.0
GENERAL CONDITIONS
9
1 of 10
HOLTON ROAD COMMERCIAL RENEWAL
AREA GRANT TERMS & CONDITIONS
1.0
INTRODUCTION
1.1
This document provides the standard terms and conditions relating to any
application for a “Commercial Renewal Area” (CRA) “Grant” to the Vale of
Glamorgan Council (the Council). The Council will administer the “Grant”.
1.2
Any assistance offered by the Council is subject to the terms and
conditions laid out in this document, as well as any specific terms and
conditions set out in the “Grant Offer Letter”.
1.3
Assistance aims to provide funding for high quality external improvements
to commercial properties within the designated CRA. The grant is entirely
discretionary, and the amount of any grant will be assessed on an
individual basis, taking account of the economic and environmental
benefits arising from the project.
1.4
Further advice on eligibility, design quality and the grant application
process is contained within separate guides.
2.0
INTERPRETATION
The following expressions shall have the following meaning within the context of
the Commercial Renewal Area grants:
“Acceptance Date”
means the date on which the Council receives the
“Grant Agreement Form”.
“Applicant”
means the freeholder or the lessee of the property.
“Application”
means an application from the applicant to the
Council for grant assistance.
“CRA Area”
means the Commercial Renewal Area designated by
the Council.
“Fees”
means all directly relevant and reasonable
professional fees.
“Eligible Work”
means the work deemed eligible by the Council.
“Grant”
means either Commercial Improvement Grant or
Town Centre Living Grant
2 of 10
HOLTON ROAD COMMERCIAL RENEWAL
AREA GRANT TERMS & CONDITIONS
“Grant Offer Letter”
means the letter by which the Council approves the
application and offers funding support.
“Grant Offer Date”
means the date of the Grant Offer Letter.
“Grant Agreement Form”
means the form that will be supplied by the Council to
the applicant and by which the applicant will formally
accept the grant offer and the terms and conditions of
the grant.
“Grant Claim Form”
means the form that will be supplied to the applicant
and by which the applicant will claim the grant
payment on completion of the project.
“Grant Commencement
Date”
means the date set by the Council by which works will
commence.
“Grant Completion Date”
means the date set by the Council by which works
must be completed.
“Grant Payment Date”
means the date on which the Council pays the grant
to the applicant.
“Lessee”
means a lessee of a property who holds a leasehold
interest of ten years or more at the time of the grant
payment date and who has obtained the written
consent of the Lessor to carry out the proposed
works.
“Offer”
means the date of the grant offer letter.
“Owner”
means the owner of the freehold interest in the
property.
“Property”
means the building that is the subject of the grant
application.
3.0
THE GRANT
3.1
Grant assistance will be available to assist commercial property
freeholders and leaseholders (with a minimum of 6 years remaining on the
terms of their lease) for eligible improvement works within the designated
CRA.
3 of 10
HOLTON ROAD COMMERCIAL RENEWAL
AREA GRANT TERMS & CONDITIONS
3.2
The amount of grant towards the approved eligible works will be
determined by the Council and will be based on the tendered cost of
approved works that are considered eligible for assistance.
3.3
The level of funding support offered by the Council must be the minimum
contribution necessary to bring the project to fruition.
3.4
The amount of Grant specified on the “Grant Agreement Form” is the
maximum Council contribution towards the project. Should there be any
reduction in the cost of the approved works, the Council will make a prorata reduction to the amount originally offered.
3.5
Grants are not given automatically. The Council reserves the right to
establish priorities within the total budget available for the programme.
3.6
This Grant Programme is only open to businesses who qualify under the
De Minimus rule.
Under EC Regulation 1998/2006 (De Minimis Aid Regulation) as
published in the Official Journal of the European Union 28-12-06, the
support provided is a de minimis aid. There is a ceiling of €200,000
(€100,000 for undertakings in the road transport sector) for all de minimis
aid provided to any one organisation over a three fiscal year period (i.e.
the current fiscal year and the previous two fiscal years). Any de minimis
aid provided to you under this service will be relevant if you wish to apply,
or have applied, for any other de minimis aid.
You will need to declare this amount to any other aid awarding body who
requests information from you on how much de minimis aid you have
received.
Aid includes not only grant but also assistance such as free or subsidised
consultancy services, marketing advice etc. If you are in any doubt about
whether previous assistance received classes as de minimis assistance
please include it.
4.0
ELIGIBLE WORKS & EXPENDITURE
4.1
Works to the exterior frontage of buildings that make a significant
contribution to the environmental enhancement of the area will be eligible
under the grant.
4 of 10
HOLTON ROAD COMMERCIAL RENEWAL
AREA GRANT TERMS & CONDITIONS
4.2
Qualifying expenditure may include professional fees for the design and
supervision of approved schemes, provided that it has been accounted for
in the application form and the Councils’ specific written agreement has
been sought prior to the commencement of works. Professional agents
must hold a suitable professional qualification appropriate to the nature of
the works proposed. Eligible expenditure under this category must NOT
exceed 10% of the total cost of eligible works.
4.3
Structural works and works of an internal nature are not normally eligible
for grant support but an applicant may be required to undertake such
works at the applicants own cost as a condition of the grant.
5.0
THE APPLICATION
5.1
The application process will follow the Councils formally prescribed
process. The Council will only consider complete applications as defined
by the Council.
5.2
The applicant warrants to the Council that all information provided in the
application was and remains true and accurate in all respects, and that
any estimates, anticipated outputs or other facts were made after due and
careful research and investigation. The warranty will be deemed to be
given again at the time the applicant submits the “Grant Claim Form”.
5.3
Applications must be supported by a copy of all relevant statutory
consents e.g. planning permissions and building control permissions etc.
that must be deposited with the Council prior to the approval of any
application. It is the applicants’ responsibility to ensure that all necessary
statutory consent requirements are in place to implement the scheme.
5.4
Copies of the title deeds, lease agreements, owners consent (if
appropriate) must be deposited with the Council prior to the approval of
any application. It is the applicants’ responsibility to ensure that all the
necessary land ownership requirements and consents are in place to
implement the scheme. If the property is leased there will need to be a
minimum of 6 years remaining on the lease from the “Grant Offer Date”.
The grant will be registered with the Land Registry as a restriction on the
property for a period of five years from the “Grant Payment Date”.
5.5
Documentary evidence detailing all relevant offers of financial and or other
project funding support in place must be deposited with the Council prior
to the approval of any application.
6.0
DESIGN
5 of 10
HOLTON ROAD COMMERCIAL RENEWAL
AREA GRANT TERMS & CONDITIONS
6.1
Applicants will have to pay particular attention to the design guidelines
issued when developing their scheme. The Council reserves the right to
require that a suitably qualified person be appointed.
7.0
GRANT OFFER AND ACCEPTANCE
7.1
On approval of an application, applicants will be sent a ‘Grant Offer Letter’
and a “Grant Agreement Form”. The applicant is required to indicate their
formal acceptance of the grant offer and the terms and conditions
attached to the “Grant” by signing and returning the “Grant Agreement
Form” to the Council before any work commences.
7.2
The applicant and not any appointed agent acting on their behalf are
required to sign the form.
7.3
The “Grant Agreement Form” must be signed, dated and returned to the
required address within 14 days of the “Grant Offer Date”. If a reply is not
received by this date then the Council will deem that the grant offer has
lapsed.
8.0
COMMENCEMENT & COMPLETION OF ELIGIBLE WORKS
8.1
The Council funded eligible works must be commenced and completed as
per the “Grant Agreement Form”. Failure to comply with the
commencement and completion dates will result in the withdrawal of the
“Grant”. Should you have any difficulty in meeting this deadline then you
must notify the Council immediately.
9.0
IMPLEMENTATION OF ELIGIBLE WORKS
9.1
The Council reserves the right to withdraw the “Grant” if the applicant does
not implement the works strictly in accordance with the details contained
in the approved scheme appended to the “Grant Agreement Form”.
9.2
The Council will not be responsible for any aspect of control of the works
including for example, design, related investigations, implementation and
supervision. The “Applicant” must accept that the “Applicant” alone is
responsible for all health and safety, financial and contractual (i.e. any
contract between the applicant and other party e.g. contractor or
managing agent) matters.
6 of 10
HOLTON ROAD COMMERCIAL RENEWAL
AREA GRANT TERMS & CONDITIONS
9.3
The Council has no legal responsibility for such matters, even if they
require the Councils’ approval. The involvement of the Council in vetting
applications, preliminary and detailed designs is solely for the purpose of
ensuring that the grant is being used for its intended purposes.
9.4
The “Applicant” must at all times indemnify the Council against all liabilities
connected with the works.
9.5
During the course of the works, if the “Applicant” finds it impracticable or
undesirable to carry out the works strictly in accordance with the approved
scheme appended to the “Grant Agreement Form”; written consent must
be obtained from the Council prior to making any changes. Failure to do
so may result in the “Grant” offer being withdrawn or it having to be repaid,
unless any statutory body requires such changes to be implemented
urgently. In this event the applicant must notify the Council in writing on
the first working day after implementation.
10.0
INSURANCE
10.1
For a period of 5 years from the “Grant Payment Date”, the applicant must
comprehensively insure the property with a reputable insurance company
and if requested provide documentary evidence of such insurance. The
Council may require the insurance to be in joint names of the applicant
and the Council or that the Councils’ interest is noted on the policy, with
the requirement that the Council is notified of any claim.
11.0
ASSIGNMENT
11.1
The grant shall be used exclusively for the purposes of financing the
project.
11.2
Any offer of grant is personal to the “Applicant” and the applicant shall not
be entitled to assign.
12.0
PROPERTY USEAGE
12.1
For a period of 5 years from the “Grant Payment Date”, the property shall
only be used for the purposes specified in the “Application” and the
“Applicant” shall ensure that all relevant statutory and other legal
requirements are complied with.
12.2
Any variation to the use of the property from that approved for grant aid
must receive the prior written approval of the Council. Failure to meet this
7 of 10
HOLTON ROAD COMMERCIAL RENEWAL
AREA GRANT TERMS & CONDITIONS
requirement will result in non-payment or recovery of the grant in whole or
in part.
12.3
For the period of 5 years from the Grant Payment Date the property shall
be continuously occupied and used for all purpose(s) specified in the
application form.
13.0
REPAIR & CONDITION
13.1
For a period of 5 years from the “Grant Payment Date” the applicant is
required to keep the property in a good state of repair and condition.
14.0
GRANT MONITORING
14.1
The Council and any other professional consultant that the Council wishes
to nominate shall have the right to inspect the works at any time prior to,
during or after the implementation of works.
15.0
PAYMENT OF GRANT
15.1
Payment of the grant will be on satisfactory completion of the works and
presentation of the information listed below. Only in exceptional
circumstances will payment be made prior to the satisfactory completion of
works i.e. instalments during the course of the works, which must be
discussed and agreed with the Council prior to the commencement of
works and incorporated into the “Grant Offer Letter”.
15.2
On completion of the works the Council will not make any payment of
grant until the ‘Payment Claim Form’ is submitted. A detailed financial
statement of eligible works expenditure, original paid invoices, proof of
payment such as bank statements along with architects’ valuation and
completion certificates where appropriate, must also be provided to
support all claims.
15.3
If the completed costs of eligible works are less than the estimated costs
specified in the “Grant Agreement Form”, the Council will make a pro-rata
reduction to the amount of grant originally offered.
15.4
No grant payment will be more that the grant rate identified on the “Grant
Agreement Form”.
15.5
The Council and any other professional consultant that the Council wishes
to nominate shall have the right to inspect the works at any time prior to,
during or after their implementation. In the event of any aspect of the
8 of 10
HOLTON ROAD COMMERCIAL RENEWAL
AREA GRANT TERMS & CONDITIONS
approved works being deemed unsatisfactory and falling below the
standard anticipated from the application and accompanying information
provided, the Council may at its discretion refuse to pay a proportion or
the entire grant.
15.6
The Council may refuse to make a payment if in its absolute discretion it is
not satisfied in any respect with the information provided to support the
“Payment Claim Form” or inspection referred to above.
15.7
The Council is not in any way liable for any contingency funding involving
property or activities for which it has provided assistance in whole or in
part. Responsibility for such contingencies lies entirely with the
“Applicant”.
16.0
REPAYMENT OF GRANT
16.1
The Applicant must secure the Councils’ written consent to any disposal of
the property within 5 years of the “Grant Payment Date”. The Council will
not unreasonably withhold such consent but may require that the grant be
repaid on a sliding scale basis as follows:Within One Year
Within Two Years
Within Three Years
Within Four Years
Within Five Years
After Five Years
16.2




16.3
Full Grant Repayment
80% of Grant Repayment
60% of Grant Repayment
40% of Grant Repayment
20% of Grant Repayment
No Grant Repayment
The grant must be repaid in full on demand if: the applicant is found to have made any misrepresentation in connection
with the application or is found to have completed the application form
dishonestly or incorrectly,
the applicant or any other person or organisation acting for the applicant
gave any significant or inaccurate information, whether deliberate or
accidental, during the application process, or during the period of the
Grant Agreement;
the applicant has breached any of the terms and conditions;
the property is not fully re-instated within 12 months of any occurrence
giving rise to loss of or damage to the property.
For a period of 5 years after the “Grant Payment Date”, the Council may
require the “Grant” to be repaid in part or full if any material change,
removal or alteration to the assisted works occurs.
9 of 10
HOLTON ROAD COMMERCIAL RENEWAL
AREA GRANT TERMS & CONDITIONS
17.0
PUBLICITY
17.1
A sign will be provided by the Council and must be erected on site by the
applicant for the duration of the works. It must be maintained in good
condition and returned to the Council on completion of the works and prior
to the payment of grant. If it is not returned in a suitable condition as
decided by the Council, then the Council reserves the right to deduct the
value of the sign from the grant award due to the applicant.
17.2
The Council reserves the right to publicise any grant-supported project.
Any publicity in relation to the grant-aided works must recognise the fact
that the Vale of Glamorgan Council has funded the scheme.
17.3
If the applicant fails to adhere to the publicity requirements the Council
may consider withholding or reclaiming grant payment.
18.0
GENERAL CONDITIONS
18.1
The Council reserves the rights to undertake an evaluation of grant aided
project through surveys, questionnaires, site visits etc.
18.2
Applicants declare that invoices submitted under this scheme have not
been or will not be used to claim grant aid from other sources for the same
expenditure.
18.3
Applicants declare that works are not repairs and maintenance but
permanent features above and beyond normal maintenance.
18.4
Applicants declare that the works are not relating to health & safety
requirements.
18.5
Applicants declare that all elements to be implemented under this scheme
are not statutory requirements.
18.6
If asbestos is found to be in the building, which is the subject of a grant,
then it will be the responsibility of the applicant to meet any associated
costs for safe removal and disposal from site.
18.7
The Council will check its records for any indebtedness of the “Applicants”
business and personal prior to the approval of any grant.
10 of 10
HOLTON ROAD COMMERCIAL RENEWAL
AREA GRANT TERMS & CONDITIONS
18.8
In the event that the recipient body is dissolved, grant aid will not be
transferable to a replacement body and the Council shall be automatically
and unconditionally discharged from all its obligations to the “Applicant”.
18.9
The “Applicant” is required to notify the Council if the status of the
organisation changes e.g. if a partnership changes to a sole trader.
11 of 10