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Property Level Protection Grant Participation agreement

If you are successful for applying for grant funding to fit resistance measures to your property. The following sets out the terms by which any grant offer will be made.

The Council will agree to do the following:

The Council would agree to provide the agreed level of funding towards the cost of supplying and fitting (inclusive of VAT) the resilience and / or resistance measures that you identified in your attached application, and the Council subsequently approved (if different). The measures that you have chosen to fit to your property have been selected by you entirely at your own risk. Should your property flood again in the future, the Council maintains no liability for the selection or installation of the measures you have chosen.

The Property Owner will agree to do the following:

  1. To procure the necessary equipment and installation of the approved resistance measures in line with your grant funding approval. Should you choose to fit resistance measures in excess of £5,000 (inclusive of VAT), then any additional costs must be met from alternative resources. Unless explicitly approved by the Council in advance, the applicant should choose the cheapest available quote for the proposed works, or make up the difference in cost from their own funds.
  2. To store the Measures securely and protect them from damage.
  3. To maintain the Measures in accordance with the manufacturers' instructions.
  4. To sign up to the Environment Agency's Flood Warning Scheme.
  5. To deploy the Measures in accordance with manufacturers' instructions
  6. To allow the Council or agent access to the Property at all reasonable times for the purposes of inspection of the Measures.
  7. If the property is sold in the future, the measures should remain with the Property in the flood risk area (passed to the new owner).
  8. To note that should it be found that you have not used the grant funds to purchase and install the measures identified and approved in your application, or that upon inspection the measures are not found to be in place / available on site, or in an adequate state of maintenance, you risk prosecution, and the recovery of all grant payments.
  9. To note that the details of your name and address, the resilience and / or resistance measures applied for / approved, and the outcome of any inspection visit may be shared with the Department for Environment Food and Rural Affairs (Defra) and relevant public authorities. The Council and Defra will not (for any reason) share any of the information you have submitted with a third party.
  10. To note that the Council may contact you in the future for the purposes of research, to identify if the measures you selected have been of benefit to you, to inform any future flood response schemes.

What is not covered by this Agreement

The Council shall not be liable to the Property Owner or any tenant or occupier for any action, claim, demand, cost or expense incurred in respect of any loss of damage, including for any negligence, breach of contract, property damage or personal injury (including death) including any consequential or indirect loss, which arises out of or in connection with the installation or use of the resistance measures.

In the event that any provision of this Agreement shall be held to be unenforceable, then the Council and the Property Owner agree that such provision shall be severed from the remainder of the Agreement which shall continue in the full force and effect.

The Council shall not be responsible for providing flood warnings or for ensuring that any other party does so.

The Council shall not be responsible for removing any fixtures associated with the Measures if or when the Property Owner no longer requires them.

Ownership of the Measures shall vest in the Property Owner and the Council shall not be responsible for the repair or replacement damaged or lost flood protection and resilience measures nor for the provision of any further measures.

The Property Owner should take up any defects arising within this period with the contractor and is encouraged to enter into a maintenance agreement with the contractor.

Definitions

Council

Essex County Council, Market Road, Chelmsford CM1 1QH

Deploy / Deployment

The repeated task of fitting and removing the flood boards and air brick covers before and after a flood.

Environment Agency's Flood Warning Scheme

The Environment Agency's Floodline Warnings Direct being a free service which sends a participant a direct message when flooding is expected and may affect the participants property (or any flood warning scheme which replaces or supplements it).

Flood Protection Equipment

The equipment and products (including fixtures or fittings) required to implement the Flood Protection System.

Flood Protection System

The flood defence system to be installed in the property.

Installation

The fixing of any permanent brackets, fittings, etc. to the Property including any necessary building work.

Maximum Grant

£5,000 per property (including VAT costs).

Property

The property to which the works relate.

Property Owner

The legal owner / mortgagee of the Property whose signature appears at the bottom of this Participation Agreement.

Scheme

The Grant Scheme.

Supplier

A supplier employed or engaged by the Council in relations to the Works.

Works

The list of works identified in the Survey and agreed with the Property Owner, required to implement the Flood Protection System. The Works shall include administration of the Scheme and the Survey.