TEMPORARY OCCUPATION LICENCE

Transcription

1 THIS LICENCE is given the day of 2013 by Housing & Development Board, HDB Hub, 480 Lorong 6 Toa Payoh, Singapore ( HDB ) to ( the Licensee ) upon the following terms and conditions: Whereas (1) The Licensee wishes to occupy and use Parking Area B, comprising the allocated Lot nos. on Deck 3, Multi-storey Car Park, Blk 31 Tampines St 92 ( The Parking Area ) as Motor-vehicle Parking Area; (2) HDB agrees to grant a Licence to the Licensee on the terms herein contained: 1 HDB shall permit the Licensee a licence to enter, use and occupy the Parking Area for the sole purpose of Motor-vehicle Parking Area for a period of One (1) year commencing from 2013 to The Licensee shall pay to HDB in advance without demand or deduction the licence fee on the first day of each calendar month. Payment shall be made by GIRO. The licence fee is exclusive of the Goods and Services payable under the Goods and Services Tax Act. The Licensee shall indemnify and reimburse HDB against any Goods and Services Tax payable under this Licence. A deposit of one (1) month s license fee is payable to HDB. 3 HDB reserves the right to revise the licence fee by written notice to the Licensee. The Licence shall pay to HDB the revised licence fee on the date stipulated in HDB s written notification of such revision. If required, the Licensee may also be required to top up the deposit to such sum as HDB may in writing notify. 4 If the Licensee fails or neglects to pay all licence fees, and any other charges due at the time of the expiry or termination of this Licence, the Licensee have to pay interest at the rate of 8 % per annum or such higher rate as may be determined from time to time by HDB in respect of any outstanding amount payable by the Licensee under this Agreement from the date such amount becomes due until payment in full is received by HDB 5 Provided that the Licensee has not breached any term of this Licence and the Parking Areas are not required by HDB for its own use at the time of request, HDB may allow the Licensee the licence to occupy and use the Parking Areas at a revised licence fee and on the and such additional terms as HDB may notify the Licensee in writing. Page 1 of 5

2 6 The Licensee shall maintain and keep the Parking Areas in a state of good and serviceable repair and in a proper and clean condition. 7 The Licensee shall be liable for any damage, loss, or nuisance caused to the Parking Areas and/or properties under HDB s management or injury to tenants, occupiers of adjoining premises or members of the public arising from the Licensee s use and occupation of the Parking Areas and shall at his own cost and expense make good any such damage or injury. Any costs and expenses incurred by HDB arising from the Licensee s act or omission shall be a debt due from the Licensee to HDB and payable forthwith. 8 The Licensee shall indemnify HDB and keep HDB fully indemnified from and against all actions, judgements, claims, demands and liabilities that may be lawfully brought or made against HDB by any person/s including all costs, damages suffered or incurred by HDB by virtue of anything done by the Licensee in exercise or purported exercise of the rights and liberties hereby granted. 9 The Licensee shall bear all the costs and expenses in the, maintenance, occupation and use of the Parking Areas. 10 The Licensee shall obtain all other permissions and licences which may be required by law for the use and occupation of the Parking Areas and comply with all laws, rules and regulations and directions of HDB and any competent authority relating to the construction, occupation, maintenance and permitted use of the Parking Areas as that may be in force from time to time. 11 The Licensee shall not carry out any alteration, addition or installation to the Parking Areas without the prior written consent of HDB and any other competent authority and shall comply with all laws, rules and regulations and directions of HDB and any competent authority relating to such alteration, addition or installation that may be in force from time to time. Page 2 of 5

3 12 The Licensee shall not do or permit or suffer to be kept on the Parking Areas any matter which are prohibited by law or for which any tax or custom duty has not been paid or matter of a dangerous combustible or explosive nature or the keeping of which may contravene any status or order or regulation or by-law and not to store or to permit or suffer to be stored on or upon the Parking Areas matter of a noxious offensive nature. 13 The Licensee shall not do or permit or suffer to be done anything upon the Parking Areas or any part thereof which may be illegal or which may cause nuisance annoyance damage or inconvenience to HDB or the occupier(s) of any neighbouring premises or the members of the public. 14 The Licensee shall reinstate the Parking Areas to their original state upon the expiry or termination of the Licence. If the Licensee shall fail to do so, then HDB shall have the right to forfeit and use the whole or such part of the deposit as shall be necessary to remedy such failure to reinstate the Parking Areas PROVIDED ALWAYS that if the cost of re-instatement shall exceed the deposit, the difference thereof shall be a debt due from the Licensee to HDB and payable forthwith. The deposit or balance thereof shall only be refunded to the Licensee free of interest upon the expiry of the Licence and provided that the Licensee shall not have breached any term of the Licence. 15 The Licensee shall (a) adopt and implement every reasonable precaution against fire and comply with all the recommendations of HDB on fire precaution on the Parking Areas; and (b) be responsible for any damage done to the Parking Areas, its adjoining land and buildings in the case of fire. 16 The Licensee shall permit HDB or its duly authorised officers agents servants with or without workmen to enter upon the Parking Areas at any reasonable time for the purpose of inspecting or carrying out repairs to the Parking Areas which HDB may in its absolute discretion deem necessary and the expenditure incurred therein shall be borne by the Licensee failing which the amount shall be a debt due from the Licensee and forthwith recoverable by action 17 The Licensee shall not assign, sub-licence or part with the benefit or liability of this Licence or the Parking Areas in whole or part thereof. Page 3 of 5

4 18 All notices required to be given under this Licence shall be in writing and shall be deemed to be sufficiently served if sent to the Licensee at its registered address by either registered or ordinary post whether the same is returned undelivered or not or to HDB at its office by registered post. 19 All notices including Notices To Terminate be in writing and shall be deemed sufficiently served if they are addressed to the Licensee and delivered in accordance with Clause Subject to Clauses 21 either party may terminate this Licence by giving to the other fourteen (14) days written notice expiring on the last day of any month. 21(1) The Licence shall automatically determine upon:- (a) (b) (c) breach of any of the conditions herein by the Licensee; or suspension, cessation or liquidation of the Licensee's business operation; or HDB requires Parking Areas for its own use. 21(2) Upon the expiry or termination of the Licence, the Licensee shall reinstate the Parking Areas in accordance with Clause 14 and deliver vacant possession of the Parking Areas to HDB. 21(3) PROVIDED ALWAYS that if the Licensee fails to reinstate the Parking Areas as required, the Licensee agrees that he shall continue to be liable to pay the licence fees until the date the Parking Areas are re-instated to the state and condition as the same was delivered to the Licensee at the commencement of the Licence; and 21(4) Until the Parking Areas have been reinstated in accordance with clause 14, HDB shall not be deemed to have accepted the surrender of the Parking Areas notwithstanding that the Licensee has ceased the use of the Parking Areas. 21(5) If the License is not renewed on or before the expiry of the Licence Period, a month to month Licence shall be created based on the same terms and conditions. This shall not be applicable if either HDB or the Licensee has given prior notice to the other party of its intention to allow the Licence to terminate upon expiry of the Licence Period. Page 4 of 5

5 22 A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B to enforce any term of this Licence. 23 The Licensee agrees to fully comply with the Conditions of Use in the Schedule. Signed by Exec/Industrial Properties Manager ) for and on behalf of Housing & Development ) ) Signed by ) the Licensee ) (for and on behalf of ) Page 5 of 5