SPECIMEN TEMPORARY OCCUPATIONAL LICENCE (PITCH This Licence Agreement is made on the day of 20 BETWEEN THE HOUSING AND DEVELOPMENT BOARD, HDB Hub 480 Lorong 6 Toa Payoh Singapore 310480 (hereinafter called HDB of the one part and a body corporate incorporated in Singapore and having its registered office at (hereinafter called The Licensee of the other part. NOW IT IS HEREBY AGREED as follows:- HDB hereby grants the Licensee permission to occupy the lot know as Pitch No. XXX Wholesale Centre (hereinafter called the Lot from the day of for a term of years(s. The Licensee shall pay a licence fee of : $XXXXX per month from dd/mm/yyyy to dd/mm/yyyy; and service and conservancy charges of per month payable in advance on 1 st day of the month without demand from HDB, the amounts being exclusive of Goods and Services Tax. The Licensee shall pay and indemnify HDB or its managing agent against Goods and Services Tax chargeable in respect of any payments made by the Licensee under the terms or in connection with this Agreement or in respect of any payment made by HDB or its managing agent in connection with this Agreement, The Licensee shall pay upon the issue of this Agreement the sum of being a deposit which is refundable free of interest by HDB to the Licensee at the termination of this Agreement. This deposit is to be subject however to all claims by HDB or its managing agent arising out of relating to or in respect of this licence; for arrears of licence fee; for damaged or destroyed fittings; for repairs to and redecoration of the Lot howsoever occasioned other than by fair wear and tear; or the cleaning of the Lot upon its daily or final vacation by the Licensee. The amount and nature of the said replacement of fittings, repairs, redecoration and cleaning shall be determined by HDB or its managing agent in its absolute discretion. In the event of the deposit being insufficient to meet the HDB or its managing agent s claim the Licensee shall compensate and pay to HDB or its managing agent the difference between the said deposit and the amount so claimed by HDB or its managing agent. 1
The Licensee shall accept and pay the revised service and conservancy charges as may be varied by HDB or its managing agent from time to time by serving a written notice on the licensee. If the Licensee fails or neglect to pay the licence fee, service and conservancy charges and other charges due at the time of the termination of the Licence, the Licensee shall pay an interest of the rate of 8% per annum of the outstanding debt subject to a minimum of $50.00 without prejudice to any right of action or remedy for any antecedent breach of covenant by the Licensee. Where licence fee and/or service and conservancy charges and/or any other charges as may be imposed by HDB shall be in arrears whether wholly or in part and whether formally demanded or not, the Licensee shall pay to HDB or its managing agent penalty for late payment as may prescribed by HDB from time to time and at such time pursuant to Section of 27 of Housing and Development Act (Chapter 129. The imposition of such penalty or penalties shall be without prejudice to any other right or action or remedy available to HDB by the terms of this Agreement and/or by law for any antecedent breach of covenant by the Licensee. The Licensee shall use and occupy the Lot only for the wholesale of vegetables and for no other purpose. The Licensee shall operate the Lot from the hours of 7.00 pm to 7.00 am each day and vacate the Lot immediately at 7.00 am. Where applicable the Licensee shall conduct business under the style of a and not to convert it to any other mode of business without first obtaining the consent of HDB or its managing agent in writing and if such consent is granted it shall be given on such terms and conditions as HDB or its managing agent may in entire and unfettered discretion deem fit to impose. The Licence to occupy is personal to the Licensee and is not transferable or assignable in any manner whatsoever. The Licensee shall supply as and when required by HDB or its managing agent CERTIFIED TRUE COPY/COPIES of all documents, notices, returns, books, receipts and papers pertaining to the business of the company or any other documents whether or not in connection with the business which in the opinion of HDB or its managing agent is necessary The Licensee shall ensure when vacating the Lot, that the Lot is left clean without any refuse, waste, left-over vegetables or any other type of refuse. The Licensee shall keep the whole of the Lot in a clean proper and sanitary condition. The Licensee shall carry out or suffer or permit any erection of any structures or fixtures or any alternations, additions or changes whatsoever to the Lot. The Licensee shall carry out or suffer or permit the washing trimming skinning or peeling of vegetables or any other matter in the Lot. The Licensee shall not allow any livestock fish or animals whatsoever to be kept at any time at the Lot. The Licensee shall not throw any rubbish, refuse matter or article of any description whatsoever on any description whatsoever on any part of the Lot and shall ensure that the abovesaid 2
rubbish, refuse matte or article shall be properly conveyed and disposed of in an authorised dumping ground and/or as directed by HDB or its managing agent. The Licensee hereby fully agrees and authorises HDB or its managing agent to treat any matter left behind by the Licensee as waste matter and to be disposed as HDB or its managing agent deem fit. This is without prejudice to the Licensee s obligation to ensure that Clause 17 complied with by the Licensee. In the event that HDB or its managing agent has to take action to remove any matter left behind by the Licensee, the cost of such removal shall be chargeable to the Licensee as a debt owing to HDB by the Licensee and shall not be challenged or called into question by the Licensee and shall be paid forthwith by him. Further, HDB or its managing agent may terminate the Agreement and forfeit the deposit paid by the Licensee but without prejudice to any of HDB's other right action or remedy against the Licensee his failure to pay the said debt within the time as stipulated by HDB or its managing agent. The Licensee shall maintain and preserve the cleanliness of the Lot and shall not allow any obstruction in the common stairways, passageways and other common parts and shall share the responsibility of cleaning such common parts of the auction area of the Wholesale Centre with Licensees of the adjacent lots as instructed by HDB or its managing agent either verbally or in writing The Licensee shall not do or permit or suffer to be done anything upon the Lot or any part hereof or the common part of the auction area of the Wholesale Centre which may be or become a nuisance, annoyance, damage or inconvenience to HDB or its managing agent or occupiers of any neighbouring lots. The Licensee shall comply with all laws rules, regulations and requirements imposed by any competent authority, HDB and/or its managing agent relating to the use of the Lot that may be in force from time to time. The Licensee shall indemnify HDB or its managing agent against all damages, losses, costs, expenses, actions, proceedings judgements, claims, demands and liabilities whatsoever arising from the use of the Lot. The use of the Lot to the sale of intoxicating liquors is strictly prohibited. The Licensee shall not store, keep or permit or suffer to be stored or kept at any time any form of inflammable substance for any purpose in the Lot or any part thereof and there shall be no cooking or boiling whatsoever at the Lot. The Licensee shall not ensure or allow any signs, advertisement hoardings or the like to be fixed to the Lot without prior consent in writing of HDB or its managing agent. The Licensee shall not impede in anyway HDB or its managing agent in the exercise of HDB or its managing agent s rights of possession and control of the Lot. If the Licensee commit any breach of any of the conditions herein contained and fail to remedy the same within seven (7 days after written notice by HDB or its managing agent. HDB or its managing agent may serve the Licensee a written notice of termination whereupon this Agreement shall forthwith be terminated without prejudice to any other rights or remedies of HDB or its managing agent in respect of any antecedent breach or liability of the Licensee. 3
Either party may choose to terminate this Agreement by fourteen (14 days of notice in writing expiring upon the last day of any month without furnishing any reasons whatsoever and without prejudice to the rights and remedies of either party against the other in respect to any antecedent claims or breach of covenant/s. The HDB is entitled to assign all its rights and interest and transfer its obligations under the Tenancy (including transfer of the Security Deposit to another person ( In-coming Landlord. If the HDB does so, the Tenant is deemed to have consented to such assignment or novation and shall accept the In-coming Landlord as the new landlord and release the HDB from all its obligations/liabilities under the Tenancy, including its obligation to refund the Security Deposit and all other sums pursuant to the Tenancy. If required by the HDB, the Tenant must execute any such document relating to the assignment or novation with the HDB and the In-coming Landlord. All notices including Notices to Terminate License which HDB or its managing agent may require to be given to the Licensee shall be in writing and shall deemed to be sufficiently served if they are posted upon some conspicuous part of the Lot or forwarded to the Licensee at the aforesaid address by Registered Post. All expenses, legal or otherwise, in connection with the preparation, execution and stamping of this Agreement in duplicate shall be borne by the Licensee and payable forthwith on demand. Words importing the singular number include the plural number and vice versa and words importing the masculine gender include the feminine and neuter gender and words importing persons include also corporations. Where the Licensee consists of two or more persons, all terms and conditions herein contained shall be deemed to have been made and be binding on such persons jointly and severally. IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first above written. Signed by For and on behalf of the HOUSING AND DEVELOPMENT BOARD Witnessed by 4
Signed by The Tenant, who has affixed his Right Thumb Print/signature hereto Witnessed by Name: NRIC No: Signature of Tenant For and on behalf [ ] (company s / firm s name VER 15 / 15 AUG 2016 5