TENDER DOCUMENTS - Singapore Land Authority · Submission of Tender for the documents, plans and...
Transcript of TENDER DOCUMENTS - Singapore Land Authority · Submission of Tender for the documents, plans and...
55 Newton Road
#12-01 Revenue House
Singapore 307987
Main: (65) 6323 9829
Fax: (65) 6323 9937
Website: www.sla.gov.sg
Tender No: SLA000/RT17-25/3-2/1696/1/1
TENDER DOCUMENTS
STATE PROPERTY
ALONG TAMPINES STREET 92
CLOSING DATE: 21 November 2017
11.00 am
Government of the Republic of Singapore c/o Singapore Land Authority
File Ref: LMA-BDM-3-2/1696/1/1
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SINGAPORE LAND AUTHORITY
TENDER NOTICE
Tender No: SLA000/RT17-25/3-2/1696/1/1
TENANCY OF STATE PROPERTY ALONG TAMPINES STREET 92 (THE “SAID
PREMISES”)
1 The Government of the Republic of Singapore (“the Government”) c/o Singapore Land Authority
is inviting tenders for the tenancy of the said premises on the terms and conditions stipulated in
this Invitation to Tender (Tender No. SLA000/RT17-25/3-2/1696/1/1) for the following use and
tenure:
(i) use as Commercial School, Medical Clinic only (NB: The tenant will not be permitted to
change this use to some other use), and
(ii) for an initial term of 3 years (NB: The tenant may request to renew the tenancy for two (2)
further terms not exceeding three (3) years each. Any such renewal of the tenancy upon its
expiration shall be at the Government’s sole discretion).
2 This Invitation to Tender comprises this Tender Notice and the following:
Part 1
Property Information
Technical Information
Conditions of Tender together with the following appendices:
Appendix A : Form of Tenancy Agreement
Appendix A-2 : Form of Guarantee/ Performance Bond
Appendix A-3 : Evaluation Criteria
Part 2
Plans, drawings and consultancy reports
Part 3
Appendix B : Form of Tender
Appendix C : Tender Brief
Checklist for submission of tender
Envelope Label Cover
3 Tenderers may download the above tender documents from the State Property Information
Online (SPIO) website (http://www.sla.gov.sg/spio).
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4 Tenderers who are interested to attend the Tender briefing should take note of the date and
time specified below:
Date : 7 November (Monday)
Time : 2.30pm – 3.30pm
Venue : Revenue House, Board Room, L19
At the Tender Briefing, there will be (amongst other things) an elaboration on the tender
evaluation criteria used in this Invitation to Tender.
5 Tenderers should also inspect the said premises (which are more particularly described in the
Property Information found at Part 1 of this Invitation to Tender) before submitting their tenders.
Registration is not required. The site showround for the said premises will be held at the date(s)
and time(s) specified below:
Date : 8 November 2017 (Tuesday)
Time : 3.30 pm
6 All tenders must be submitted to the Singapore Land Authority in a sealed envelope labelled
with the envelope label cover provided in these Tender Documents and deposited into:
Tender Box No. 1
Singapore Land Authority
55 Newton Road #12-01
Revenue House
Singapore 307987
after 14 Nov 2017 but not later than 11.00 am (Singapore time) on 21 Nov 2017 (“Closing
Date”) The timing for the close of this tender will be based on the official time display at the
Singapore Land Authority at 55 Newton Road, #12-01 Revenue House, Singapore 307987. All
tenders submitted after 11.00 am (Singapore time) on the Closing Date shall be disqualified and
shall not be considered.
7 Shortlisted tenderers may be required to attend a tender interview on either 27 November 2017,
afternoon or 28 November 2017, afternoon.
8 Tenderers are to refer to the instructions in the Conditions of Tender and the Checklist for
Submission of Tender for the documents, plans and information which they are required to
submit as part of their tender submission. Any tender that is not submitted in accordance with
the terms and conditions in this Invitation to Tender shall be liable to be rejected.
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9 All enquiries regarding the Invitation to Tender, the said premises and the terms and conditions
of the tenancy for the said premises shall be made in writing and directed to the Singapore Land
Authority at the address set out below:
Singapore Land Authority
55 Newton Road #12-01
Revenue House
Singapore 307987
(Attention: Manager,
Revenue Management Team,
Business Planning and Development Department)
Contact Person:
(1) Ms Jocelyn Ng - Tel No. 6478 3272
(2) Mr Siew Hong Leong – Tel No. 6478 3754
All written enquiries must reach the Singapore Land Authority no later than 10 days before the Closing
Date.
PART 1
PROPERTY INFORMATION
TECHNICAL INFORMATION
CONDITIONS OF TENDER
APPENDIX A: FORM OF TENANCY AGREEMENT
APPENDIX A-2: FORM OF GUARANTEE / PERFORMANCE BOND
APPENDIX A-3: EVALUATION CRITERIA
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PROPERTY INFORMATION
1. Location : The property is known as State Property along
Tampines Street 92 and comprised in the State land lot
specified at item 2 below, as indicated on the location
plan in Attachment 11.
2. State Land Lot No. : 05747K (PT), MK 28.
3. Estimated Land Area : 179,615.2 sqft (i.e. 16,686.6 sqm), as indicated on the
plan in Attachment 22
4. Property Description : The property on the aforementioned State land lot
comprises three (3) blocks of three storey buildings.
Photos of the buildings taken on 17 February 2017 are
shown in Attachment 1-23
5. Estimated Gross Floor
Area (GFA)
: The estimated total GFA of the buildings shown
shaded in red on the plans in Attachments 3-1, 3-2, 3-
34 is 171,020.14 sqft (i.e. 15,888.29 sqm).
6. Area of Maintenance : The area of maintenance by the tenant is as shown
edged green on the plan in Attachment 25.
7. Tendered Usage6 : To be used only as Commercial School7, Medical Clinic
only. A change of use is not permitted.
8. Tenure : An initial tenancy term of three (3) years. Note: The
tenant may request to renew the tenancy for renewal
for two (2) further terms not exceeding three (3) years
each, but please take note that any renewal of the
tenancy upon its expiration shall be at the sole
discretion of the Government as landlord. (See
Condition 2 of the Conditions of Tender and clause 3.1
of the form of Tenancy Agreement8)
1 See Part 2 of this Invitation to Tender.
2 See Part 2 of this Invitation to Tender.
3 See Part 2 of this Invitation to Tender.
4 See Part 2 of this Invitation to Tender.
5 The plan is in Part 2 of this Invitation to Tender.
6 Usage that is not specified is not allowed.
7 Excludes Foreign System School and Childcare Centre/Kindergarten use
8 The form of Tenancy Agreement is attached as Appendix A in Part 1 of this Invitation to Tender.
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9. Estimated Electrical Load9 : Existing maximum electrical load without the need for
a new substation is 2 MVA10.
10. Fire Insurance Policy : The tenant is required to take up a fire insurance policy
in the amount of $25,602,700/- for the initial three-year
tenancy term. The quantum is subject to revision at
each tenancy renewal, if any.
9 Subject to condition 9.1 in the Technical Information.
10 Existing maximum electrical load is based on the existing substation at Block G.
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TECHNICAL INFORMATION
The contents herein are provided for the information of the Tenants only. Whilst every care and attention
has been taken in the compilation and preparation of all information, neither the Government of the
Republic of Singapore nor the Singapore Land Authority warrants that the contents herein represent all
the conditions and requirements of the relevant public authorities/Public Utility Licensees in respect of
the proposed project at the said premises or that they are free from errors or omissions whatsoever.
The contents herein are subject to changes by the relevant public authorities/Public Utility Licensees
concerned.
A summary of the initial services requirements of the relevant public authorities/Public Utility
Licensees is set out herein. It serves only as an indication of the possible work involved with regards
to services, and is by no means exhaustive or final.
1 GENERAL CONDITIONS & REQUIREMENTS
1.1 Diversion and Provision of Utilities Services
1.1.1 The Tenant shall ensure that the following requirements are complied with:-
(a) to consult and liaise directly with the relevant public authorities/Public
Utility Licensees regarding the actual locations of all service mains within
the said premises and on the requirements and conditions for services
diversion and provision, if any, prior to the commencement of site work.
All necessary precautions shall be taken by the Tenant to safeguard the
service mains before they are diverted.
(b) to ensure that all service mains that do not need to be diverted are
identified and provided with protection, if necessary, during the renovation
and preparation of site stage of the proposed project. The cost of repairs
to any damaged service main as a result of work carried out by the Tenant
shall be borne by the Tenant.
(c) to make his own arrangements with the relevant public authorities/Public
Utility Licensees and pay for the cost of any diversion and/or “capping off”
of existing services, provision of service mains and connection fees if any,
in connection with the proposed project.
(d) to consult and liaise directly with the relevant public authorities/Public
Utility Licensees to provide all the internal distribution for water, electricity,
drainage and sanitary discharge for the proposed project at the said
premises.
1.1.2 In general, no structure shall be sited close to or over existing/proposed services.
The Tenant shall comply with all the necessary requirements as stipulated by
the relevant public authorities/Public Utility Licensees.
1.1.3 The Tenant shall at his own expense install separate utility meters and pay for
consumption of utility direct to the Public Utilities Board (PUB), SP Services Ltd
and SP PowerGrid Ltd.
1.1.4 The Tenant shall at his own cost and expense make his own arrangements with
the relevant service Departments or public authorities and shall pay for his own
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service connection including any diversion and provision of service mains and
shall provide for his own internal distribution for water, electricity and sanitary
discharge including sewer line, construction of substation or transformer in
connection with the proposed usage. Any new service lines serving the said
premises shall be contained within the site boundary.
1.1.5 The Tenant shall also comply with the requirements of the relevant Departments
or public authorities in relation to his service requirements such as provision of
an electrical substation or transformer room etc if required by SP PowerGrid Ltd.
1.1.6 If required by SP PowerGrid Ltd, the Tenant shall construct a new electrical
substation within the said premises bided at his own cost and arrangements and
with the approval from SP PowerGrid Ltd.
1.1.7 The Tenant shall liaise with the Telecommunication System Licensee under the
provision of current Telecommunications Act, for the telecommunication supply
to the proposed development.
1.1.8 The Tenant shall provide all facilities for telecommunication services, such as
MDF room, Telecom riser ducts, lead-in pipes and manholes etc, within the said
premises. All Telecom facilities shall be provided according to the prevailing
Infocomm Development Authority (IDA) of Singapore “Code of Practice for Info-
communications Facilities in Buildings”.
1.1.9 The Tenant is advised to approach the Telecommunication Facility Co-ordination
Committee (TFCC) and StarHub Cable Vision Ltd (SCV) early during the
planning stage of the proposed development, for consultation on the location and
diversion of existing Telecom services with the Telecommunication System
Licensees, proposed connection and design of Telecom facilities. The detailed
Telecom facilities shall be submitted and duly verified by TFCC and SCV and
approved by the Infocomm Development Authority of Singapore prior to
commencement of works.
1.1.10 The Tenant is required to engage a licensed telecommunication cable detection
worker to locate and trace existing telecommunication plant routes by digging
trial holes or by detection equipment before commencement of earthworks in the
vicinity of telecommunication cables.
2 LAND TRANSPORT AUTHORITY (LTA)
2.1 Roads & Parking
2.1.1 LTA requires the Tenant to de-conflict their operational hours with the local
commuter peak hours. LTA requires the Tenant to start their operations at
9.30am or later.
2.1.2 The total combined trips arising from the said premises should not exceed 50
to 100 passenger car unit (1 car = 1pcu; 1 bus = 1.6 pcu for small bus to 2.5
pcu for big bus) per hour during morning and evening peak hours (i.e. 7-9am
and 5.30-7.30pm). The tenant is required to submit details of traffic and
demand management measures to LTA for comments and approval
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2.1.3 The Tenant is also required to comply with the following requirements from
LTA:
i. To provide sufficiently long internal driveway as the road fronting the
side with proposed access is a two lane one way road with parking on
one side of the road.
ii. Traffic demand should be sufficiently evaluated and contained strictly
within the said premises’ internal driveway.
iii. If Electronic Parking System (EPS) is proposed, the auto barriers are to
be set back deeper than 2 car length to facilitate traffic queue to be
within the said premises and not spilled over onto the public road.
3 NATIONAL ENVIRONMENT AGENCY (NEA)
3.1 Pollution Control
3.1.1 Sewage and sullage water from the proposed uses shall be discharged into the
public sewer. The use of on-site sewage treatment plant is not acceptable. The
potential users of the proposed site should check with PUB(WRN) on point of
sewer connection and the allowable discharge rate.
3.1.2 For F&B/Canteen/Café, the use shall comply with the Code of Practice on
Environmental Health, including the terms and conditions of the licence issued by
NEA. Also, wastewater from the kitchen shall be discharged into public sewer via
a grease trap, which will have to be located outside food handling/preparation
area.
3.1.3 For proposed uses such as campsite, adventure camps and sports & recreation,
the potential users shall undertake to ensure that the proposed uses will not cause
any noise disturbance to the people residing in the vicinity. All noisy activities shall
be carried out within enclosed buildings equipped with noise mitigating measures
so as to retain the present ambient noise level in the area.
3.1.4 The location, siting and operation of the M&E equipment at the said premises shall
not pose nuisance problems to the nearby residential area. The noise emitted
from operations of M&E equipment shall comply with the noise limits specified in
the Guidelines on Boundary Noise Limits for Centralised Air-Conditioning and
Mechanical Ventilation Systems in Non-Industrial Buildings. A copy of the
Guidelines may be viewed at
http://www.nea.gov.sg/cms/pcd/noise_guidelines1.pdf. Details of the mitigation
measures shall be submitted before installation / implementation to CBPU for
clearance.
3.1.5 Any A&A works to be carried out shall not pose any dust or noise nuisance to the
neighbouring premises. Noise & dust mitigating measures shall be put in place,
where necessary to avert any potential complaints.
3.1.6 The proposed use shall comply with all the applicable requirements and provisions
of the Singapore Standard on Code of Practice for Pollution Control (i.e.
SS593:2013), the Code of Practice on Environmental Health, the Code of Practice
on Sewerage and Sanitary Works, the Code of Practice on Surface Water
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Drainage, the Code of Practice for the Control of Legionella Bacteria in Cooling
Towers, the Guidelines on Boundary Noise Limits for Air-Conditioning and
Mechanical Ventilation Systems in Non-Industrial Buildings, the Environmental
Protection and Management Act, the Environmental Public Health Act, the
Sewerage and Drainage Act, the Energy Conservation Act and their Regulations.
4 NATIONAL PARKS BOARD (NPARKS)
4.1 Trees & Plantings
4.1.1 Should there be any development plans, the Tenant shall adhere to all of NParks'
standard requirements and ensure that all trees with girths of more than 1 metre
measured 0.5 metres from the ground, which are growing or situated on any land
designated as a tree conservation area or on any vacant land pursuant to the Parks
& Trees Act (Cap.216), whether such trees are on the said premises, or on any
neighbouring or adjoining land, or along any common boundary line of such land or
lands, shall be protected, unless otherwise approved by NParks for removal.
4.1.2 The existing and/or future standard roadside green verge as well as green buffer
within the adjacent development should not be affected when these commuter
facilities are implemented.
4.1.3 The Tenant shall comply with requirements for green buffers and 2-metre wide
peripheral planting verges. The green buffers and peripheral planting verges must
be free from any encroachment above ground, and/or any structures or services are
to be recessed to at least 2-metre below ground level, and are not to slope with
gradients steeper than 1:2.5.
4.1.4 The Tenant shall consult NParks’ Parks and Trees Regulatory Branch early at the
planning and design stage on the felling of any trees that may be affected by the
said premises with a copy of recently surveyed plan of the site (of less than 2 years)
and its peripheral roads, at a scale of at least 1:500, clearly indicating information
on tree species, height and girth.
4.1.5 The Tenant shall ensure that existing/proposed roadside trees and green verge(s)
abutting the said premises are not to be affected, especially by storage/vehicular
lanes, services access, bus stops, and any other statutory requirements to divert or
reconstruct services or road features/elements, etc. Similarly, the Tenant shall
ensure that pick-up/drop-off points, taxi lay-bys, loading/unloading bays and fire
engine hard-standing areas are to be located within the said premises. The Tenant
shall consult NParks on the tree protection criteria of the roadside trees during early
planning and design stage.
4.2 Land Reinstatement Requirements
4.2.1 The field shall be flat and free of construction debris, backfilled with 600mm of loamy
soil. Where necessary, rolling shall be carried out to ensure that the level of the land
is uniform throughout.
4.2.2 Only Axonopus compresses (cow grass) is acceptable as for the reinstatement of
the turf. The Tenant shall note that only close turfing will be acceptable.
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4.2.3 All turfing shall be regularly watered, weeded and maintained until fully established
for inspection. The Tenant shall refrain from cutting the turf for 7 days after the last
cutting and ensure the turf to be free of weeds, prior to handing over to NParks for
inspection.
4.2.4 Please contact Mr Chen Yiping at [email protected] for further details.
5 PUBLIC UTILITIES BOARD (PUB)
5.1 Drainage
5.1.1 The said premises is not affected by the current drainage scheme.
5.1.2 The minimum platform level shall be 300mm above the existing adjacent road
levels or ground levels or any other levels as determined by PUB as in clause
2.1 of the latest 6th edition of Code of Practice on Surface Water Drainage
(COP), whichever is the highest. Any proposal to level/backfill the subject site
shall be submitted to the Department for comments and approval..
5.1.3 The existing drainage system shall not be altered or interfered with unless
specific written approval is obtained from the Department. Any proposal affecting
the existing drainage system shall be submitted to the Department for comments
and approval.
5.1.4 The design and construction of the proposed use/development within the said
premises shall not cause damage or affect the structural integrity of the outlet
drain/roadside drains.
5.1.5 The Tenant must ensure that the runoff within, upstream of and adjacent to the
said premises can be effectively drained away without causing flooding within
the said premises and in the vicinity of the said premises.
5.1.6 ABC Waters Programme
PUB has in 2006 launched the Active, Beautiful and Clean Waters (ABC Waters)
Programme. As part of the Programme, PUB has launched ABC Waters design
guidelines which provide ideas on how natural runoff treatment systems termed
ABC Waters design features such as rain gardens, vegetated swales and
bioretention swales can be integrated within a development. These features
detain/ slow down stormwater runoff and improve water quality by using plants
and soil. They also enhance landscape and biodiversity of the development.
Specific information on the design of these features can be found at the website
https://www.pub.gov.sg/abcwaters/designguidelines.
5.1.7 Industrial, commercial, institutional and residential developments greater than or
equal to 0.2 hectares in size are required to control the peak runoff discharged
from the said premises. The maximum allowable peak runoff to be discharged
to the public drains will be calculated based on a runoff coefficient of 0.55, and
for design storms with a return period of 10 years and for various storm durations
of up to 4 hours (inclusive). Peak runoff reduction can be achieved through the
implementation of ABC Waters design features and structural detention and
retention features, such as:
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I. Detention tanks;
II. Retention/sedimentation ponds;
III. Wetlands;
IV. Green roofs;
V. Planter boxes;
VI. Bioretention swales;
VII. Porous pavements;
VIII. Bioretention basins or rain gardens, etc.
The Qualified Person (QP) shall be required to submit details (calculations
and/or hydraulic model results) showing how the proposed system meets the
required peak runoff rates. Due consideration shall be given to meeting ABC
Waters stormwater quality objectives, which will often require treatment of
stormwater runoff using ABC Waters design features. For design guidance on
the ABC Waters design features, the Tenant can refer to the ABC Waters
Guidelines and relevant chapters in the Engineering Procedures, available on
the PUB website.
5.1.8 PUB encourages the implementation of ABC Waters design features in the
development as well as the achievement of ABC Waters certification.
Information regarding ABC Waters Certification can be found via the link:
https://www.pub.gov.sg/abcwaters/certification.
If applicable, the design and construction supervision of ABC Waters design
features as well as drawing up the maintenance plan for these features shall be
carried out by an ABC Waters Professional.
Please contact Ms Ong Geok Suat ([email protected]) and Ms Enid
Chen ([email protected]) for issues related to ABC Waters design
features.
5.1.9 The planning, design, construction activities and procedures for plan submission
shall comply fully with the requirements as stipulated in the current edition of the
Code of Practice on Surface Water Drainage and the Sewerage and Drainage
(Surface Water Drainage) Regulations 2007. The Tenant may download the
latest version of the COP from the PUB website
https://www.pub.gov.sg/Documents/COP_Final.pdf.
5.1.10 Effective erosion and sediment control measures shall be provided by the
Tenant and the QP shall advise the Tenant to provide such effective measures
and facilities with inputs from Qualified Erosion Control Professional (including
site management system and perimeter cut-off drain, silt traps, storage ponds,
treatment plants, etc) to ensure clean discharge that complies with the statutory
requirement. The proposed erosion and sediment control measures shall be
submitted by a Qualified Erosion Control Professional (QECP) to Public Utilities
Board before commencement of works. All affected watercourses shall be de-
silted and cleared until completion of work. For reference, the information can
be found in the website https://www.pub.gov.sg/drainage/earthcontrolmeasures.
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5.2 Sewerage
5.2.1 The Tenant may need to make a new sewer connection to the public sewer if
the existing sewers are found to be inadequate due to the increase in used water
discharge from the additional population.
5.2.2 The following existing sewerage facilities are in the close proximity of the said
premises:
i. Existing 150mm, 300mm and 375mm diameter sewers within the vicinity
of the said premises.
ii. The plan in attachment 4 showing the approximate locations of the
sewerage infrastructure within/in the vicinity of the said premises, is for
reference only.
5.2.3 No structures / piling / retaining structure (whether temporary or permanent) shall
be sited close to or over the existing sewers. All new structures shall be kept as
far away from the existing sewers as possible and no nearer than the following
minimum lateral clearances from the centerline / outer edge of the sewer pipe:
Sewer Pipe
Diameter (mm)
Nett Clearance Required
150 to 600
(depth ≤3m)
1.0m from outer edge of any structure to centerline of
sewer pipe
150 to 600
(depth > 3m to 5m)
1.5m from outer edge of any structure to centerline of
sewer pipe
150 to 600
(depth > 5m)
2.0m from outer edge of any structure to centerline of
sewer pipe
5.2.4 It is critical to note that no building works, including preliminary activities like trial
trench, soil investigation works, earthwork, excavation/digging, piling, ground
drilling/penetration works, etc shall commence within the required setback for
the sewer until a written clearance from PUB has been obtained.
5.2.5 The Tenant must check for the presence of public sewerage pipelines by
referring to the Sewer Information Plan (SIP) which can be purchased online
through the PUB’s website at
https://www.pub.gov.sg/compliance/qualifiedpersonsportal/eservices/requestfor
servicesplans. Please note that the sewerage information in SIPs is indicative
and for reference only. A thorough site investigation, including trial trenches,
shall be carried out to determine the exact position and levels of the existing
sewers prior to commencement of any works.
5.2.6 The Tenant shall comply with PUB’s general requirements for protection of the
existing sewers, pumping mains and DTSS tunnels & structures. The standard
advisory note to the Tenant on the procedure and requirements to prevent the
sewerage system from being damaged by construction activities can be found
in PUB website at https://www.pub.gov.sg/Documents/WRN_AdvisoryNotes.pdf
5.2.9 PUB(WRN) shall be consulted on any proposed works in the vicinity of the
existing sewerage system i.e. within the excavation/piling works' influence zone
or a corridor of 25m/36m (DTSS tunnel & facilities) from the works to be carried
out. The guideline on ‘Prevention of Damage to The Sewerage System’ can be
found in PUB website at
https://www.pub.gov.sg/Documents/WRN_AdvisoryNotes.pdf. Before the
commencement of works, the Tenant is required to submit a notification for the
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commencement of works to our Network Management Branch (NMB) at least 7
days before the commencement of any excavation works near any sewers or
sewerage system.
5.3 Water
5.3.1 Any changes to the existing internal reticulation system of the said premises
shall be carried out in compliance with the following requirements:
i. The design of the water service installation shall comply with Public
Utilities (Water Supply) Regulations, Singapore Standard CP 48 – The
Code of Practice for Water Services and all statutory requirements.
ii. Where pumping system or storage tanks are required for the water
services, a Professional Engineer must submit the Notification of Water
Service Work together with a set of drawings to Water Supply (Network)
Department. If all the fittings in the water service installation are
receiving direct water supply from PUB mains, then a licensed water
service plumber shall be engaged to submit the Notification of Water
Service Work and a set of the drawings to our Department prior to
commencement of the installation work.
iii. Water pipes and fittings to be used in the said premises shall comply
with standards stipulated by PUB.
iv. The detailed water requirement for the said premises shall be submitted
to Water Supply (Network) Department if it is more than 1,000
m3/month.
v. Water conservation measures as stipulated in the Public Utilities (Water
Supply) Regulations and SS CP 48 – Code of Practice for Water
Services shall be adopted.
vi. Non-potable water should be used for non-potable purposes such as
irrigation, general washing, etc whenever possible.
vii. Water should be recycled wherever possible.
6 SINGAPORE POLICE FORCE (SPF)
6.1 Security
6.1.1 a. The Tenant is encouraged to adopt measures stated in Attachment 5 from the
Singapore Police Force.
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7 SINGAPORE CIVIL DEFENCE FORCE (SCDF)
7.1 Fire Safety
7.1.1 b. The Tenant is required to comply with the Fire Safety Act and Regulations in
Attachment 6. Please consult the Fire Safety and Shelter Department (FSSD)
located at SCDF Headquarters for any clarification on Fire Safety requirements.
MHA’s no-objection is contingent on the fulfilment of the necessary FSSD
requirements.
c.
8 OTHER AGENCIES
8.1 Height Restriction
8.1.1 d. The Tenant shall ensure that all developments, structures and fixtures on the said
premises shall not exceed the maximum height of 64m to 70m AMSL. Such
developments, structures and fixtures include those on the roof tops whether
permanent, temporary, transient or stationary(including but not limited to the
building superstructure, TV antennae, water tanks, lift motor rooms, cranes,
maintenance equipment, lightning conductors, moving objects, vegetation etc.)
and all construction equipment and temporary structures (including but not limited
to cranes, piling rigs, etc.) which shall all be subject to the same height limit.
Republic of Singapore Air Force’s (RSAF) clearance shall be sought for the use
of construction equipment and temporary structures above 48m AMSL (Email:
e.
8.1.2 From civil aviation perspective, all development at the said premises shall not
exceed the maximum allowable height of 49.0m AMSL.
8.1.3 The said premises is in the vicinity of Tampines SAFRA. The Tenant is not to
encroach on MINDEF’s land boundary or affect any of its facilities, infrastructure
and services. The Tenant’s proposal must also not impose any constraint on
MINDEF or curtail its existing and future developments, operations and activities
in any way. In addition, the access road(s) leading to MINDEF’s premises must
not be obstructed at any point in time, including during the construction period.
Under no circumstances shall MINDEF be responsible for any loss, damage,
liability or expense incurred or suffered that is claimed to have resulted from siting
in proximity to the military premises.
8.1.4 The Tenant shall consult DSTA through URA -Development Control Group when
the detailed development plans are available. For any subsequent change of use
or minor A&A works, the Tenant is still required to seek clearance from DSTA for
the proposal. No change of use and A/A works shall commence without DSTA’s
prior approval.
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9 OTHER SERVICES
9.1 Electricity
9.1.1 There are underground electricity cables in the vicinity of the said premises. If
the Tenant have to carry out earthworks in the vicinity of the cables, his
contractors shall engage the services of licensed cable detection workers to
carry out the cable detection work prior to the commencement of earthworks.
All necessary precautionary measures must be taken to prevent damaging the
cables at the work site. The contractors can contact Earthworks Surveillance &
Patrolling Section’s Mr Chen Jianhong, Senior Engineer at Tel no. 64700602
regarding cable damage preventive measures. The contractors are required to
submit notices to the service provider at least 7 days prior to earthworks
(including trial trenches) in the vicinity of high voltage electricity cables under
the provisions of current Electricity Act.
9.1.2 The Tenant’s contractors are advised to acquire a set of drawings for the
electricity cables around the proposed work area. For further details on cable
plan requests, please contact Mr Ismail, Technical Officer of Earthworks
Monitoring & Cable Protection Section at Tel No. 64700660.
9.1.3 For proposed earthworks which are likely to affect the cables and need cable
diversion/protection/suspension etc, after the cable detection work is done, the
contractors can contact the following officers:
• For 22kV and below cables, please contact Mr Jay Tay Zhi Wen, Principal
Engineer of Distribution Network East Section at Tel No. 67272421 or email:
• For 66kV cables, please contact Mr Ng Lay Ho, Principal Engineer of Regional
Network East 66kV Section at Tel No. 67273222 or email:
• For 230kV and above cables, please contact Mr Richard Ngo, Principal
Engineer of Extra High Voltage Network Section at Tel No. 67272583 or email:
The contractors shall notify SP PowerGrid 6 months before the commencement
of earthworks affecting distribution cables and 24 months if the work involves
transmission cables (66kV and above). The cost of cable diversion / protection
/ suspension incurred by SP PowerGrid shall be borne by the Tenant. The
contractors shall not commence the proposed earthworks until the affected
cables are diverted/protected/suspended.
9.1.4 Please consult Mr Lau Siang Loon, Senior Engineer of Distribution Planning
Section at Tel No. 69168631 or email: [email protected] if you need
information on substation and connection requirement, etc. for your proposal
and Mr Bob Tan, Principal Engineer of Distribution Planning Section at Tel No.
69168452 or email: [email protected] for matters on substations to
make way for redevelopment works.
9.1.5 If further clarification is needed, please contact Mr Chen Jianhong, Senior
Engineer of Earthworks Surveillance & Patrolling Section at Tel no. 64700602
or email: [email protected]
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9.2 Gas
9.2.1 There are existing gas pipelines in the vicinity of the said premises.
9.2.2 For further enquiries pertaining to the existing gas pipelines, please email to
9.2.3 Enclosed Attachment 7 “Requirement for Distribution Gas Mains Diversion
Works” for information.
9.2.4 Existing gas plan(s) can be purchased on request from Mapping & Earthworks
Administration, SP PowerGrid Ltd, Pasir Panjang District Office, 25 Pasir
Panjang Road, S(117536) at Tel: 6470 0603 / 6470 0621.
9.3 Telecommunications
9.3.1 SP Telecom (SPT) has existing services in the area of the said premises.
9.3.2 SPT have enclosed an A3-size plant map in Attachment 8 showing the existing
services in the area for reference. The Tenant or its contractor is also advised
to acquire the latest plant map from SPT before carrying out earthworks near
to the services.
9.3.3 For proposed earthworks that are likely to affect the subducts and optical fibre
cables and require diversion/protection/suspension work, etc to be carried out,
after the cable detection work is done the contractor can contact Mr Mohd
Amin, at 67272359 for discussion.
9.3.4 In addition, SP Telecom’s requirements for civil works near their pipe/duct
network are as follows:
(a) Manual trial hole tests must be conducted in the vicinity if
excavation work is near their pipes/ducts and to inform SPT
immediately should their pipes/ducts be affected.
(b) To inform SPT in writing whether any of the proposed works affect
SPT’s existing uPVC pipe/HDPE duct infrastructure or manhole.
(c) The Tenant shall advise their contractor to take extra precaution in
the course of excavation work and to inform SPT immediately if
there is any damage done to their infrastructure.
(d) Do disseminate information regarding SPT’s pipe/duct layout to all
relevant parties involved in earthworks such as main-contractor,
sub-contractors, machine operators, etc.
(e) Do note that the depth of SPT’s pipes/ducts varies due to site
conditions.
(f) Do inform SPT on the dismantling of supports and backfilling
procedure over their pipe/duct infrastructure.
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(g) Do provide and maintain visible markings using tapes or poles
indicating the actual position of SPT’s pipes/ducts within the
construction site whenever the pipes/ducts are affected.
(h) Do note that the time needed to carry the plant diversion work range
from 6 to 18 months and the Tenant shall bear the full cost of the
diversion.
(i) Do refer to the website at www.singaporepower.com.sg for
information on procedures for earthworks and purchase of plant
maps.
9.4 Address
9.4.1 The Tenant is to apply, at his own cost, to the IRAS for an official address of
the said premises.
10 URBAN REDEVELOPMENT AUTHORITY (URA)
10.1 Development Control Guidelines
7.1.1 The Tenant shall comply with all relevant Development Control Guidelines (e.g.
quantum control, planning conditions, etc), modifications thereto, and other
requirements of all relevant public authorities in respect of the proposed
development which have been issued or may be issued from time to time by the
Competent Authority under the provision of current Planning Act.
7.1.2 The Tenant will be required under the Planning Act to apply to the Development
Control Group (DCG), URA, for Use/Planning Permission after the proposed
use(s) is approved by the Singapore Land Authority.
7.1.3 The length of time for temporary use of the said premises, if approved by URA, is
determined from the date of formal Development Control approval issued by URA.
Upon expiry of the planning permission, the approved use shall cease unless the
permission is extended.
7.1.4 Except with the prior written approval(s) from the relevant authorities and provided
that exceptional circumstances exist, the Tenant shall not increase Gross Floor
Area (GFA) nor construct new structures. The overall plot ratio or the declared
estimated GFA is to be verified by the Tenant. The Tenant is to establish the
existing GFA and to submit the figure and survey plans showing the existing
approved GFA to URA for evaluation.
7.1.5 The use(s) of the said premises is subject to approval by URA. Once approved,
the authorised use would be granted TP, where applicable. The authorised use in
the TP shall not be changed to any other use(s) without the prior grant of TP by
the Competent Authority for the said change in use.
7.1.6 Temporary Permission (TP) from URA shall be cancelled if the use causes
disamenity, nuisance and/or inconvenience to the neighbourhood.
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11 BUILDING CONDITION ASSESSMENT
11.1 Visual Inspection Report
10.1.1 The Tenant shall engage a Professional Engineer to inspect the entire building(s)
and recommend whatever structural repairs necessary to restore and render the
building(s) safe for the proposed use(s). Structural repairs involving alterations
and/or additions or installations must comply with the Building Bye-Laws and the
rules and regulations of the Building and Construction Authority (BCA).
10.1.2 The attached report in Attachment 9 on visual inspection of the said premises
represents a dated opinion of a Professional Engineer (PE) engaged by the
Singapore Land Authority (SLA). This report has not been submitted to the BCA.
It is the PE's opinion on the general condition of the building(s) and the potential
rectification works required. It is made available for information only and should not
be considered as advice nor used to support any application or submission to any
relevant authority for any works which may be required at the said premises. SLA
and the Government make no representations and give no warranties of any nature
whatsoever in respect of the attached report including but not limited to the
accuracy or completeness of any information, facts, findings and/or opinions
contained therein. SLA and the Government shall not be held liable in any way for
the use of and/or reliance upon any of the information, facts, findings and/or
opinions contained in the attached report. Prospective tenants are expected to
engage their own Qualified Persons (QPs) to undertake a structural integrity study
based on their proposed use and building layout to ascertain the scope and cost of
works. The building plans need to be submitted to BCA for compliance with the
prevailing building codes at the prospective tenants’ cost.
11.2 Report on Fire Safety Requirements for Existing Buildings
10.2.1 The Tenant is required to submit relevant plans for fire safety works to Fire Safety
& Shelter Department (FSSD) for approval. The Tenant shall engage a Qualified
Person (QP) - a registered architect or professional engineer - to make formal
building plan submission to FSSD for approval. The QP may approach FSSD for
a walk-in consultation on the required fire safety requirements before making his
submission (if deemed necessary). The submission for the said premises shall
comply fully with the provisions stated in the prevailing Code of Practice for Fire
Safety Precautions in Buildings under the provision of current Fire Safety Act.
11.2.2 The attached report in Attachment 10 on fire safety requirements represents a
dated opinion of a Professional Engineer (PE) engaged by the Singapore Land
Authority (SLA). This report has not been submitted to FSSD. It is the PE's opinion
of the potential type of works required for the interim use(s) of the said premises.
It is made available for information only and should not be considered as advice
nor used to support any application or submission to any relevant authority for any
works which may be required at the said premises. SLA and the Government
make no representations and give no warranties of any nature whatsoever in
respect of the attached report including but not limited to the accuracy or
completeness of any information, facts, findings and/or opinions contained therein.
SLA and the Government shall not be held liable in any way for the use of and/or
reliance upon any of the information, facts, findings and/or opinions contained in
the attached report. Prospective tenants are expected to engage their own
Qualified Persons (QPs) to undertake a fire safety requirements study based on
their proposed use and building layout to ascertain the scope and cost of works.
TI/14
The fire safety plans need to be submitted to FSSD for compliance with the
prevailing fire safety codes at the prospective tenants’ cost.
11.3 Availability of Building Drawings
11.3.1 Record of drawings on the said premises is available from the Building and
Construction Authority (BCA) at the prospective tenants' own cost. It could be the
architectural and/or structural drawings on the said premises, or drawings for
additions and alterations work to the said premises. For details on how to view or
obtain a copy of the drawings, prospective tenants may refer to the BCA website
at www.bca.gov.sg. Please note that the drawings lodged with BCA may not be
the most updated copy. SLA and the government will not be held responsible for
actions taken as a result of or in reliance upon any information in the drawings.
Prospective tenants are advised to independently verify the accuracy.
11.4 Report on Feasibility Study for the Proposed Site Parcellation
11.4.1
The attached report in Attachment 11 represents a dated opinion of a Professional
Engineer (PE) engaged by the Singapore Land Authority (SLA). This report has not
been submitted to any of the technical agencies for approval. It is the PE's opinion
of the potential works required for the interim use(s) of the said premises. It is
made available for information only and should not be considered as advice nor
used to support any application or submission to any relevant authority for any
works which may be required at the said premises. SLA and the Government make
no representations and give no warranties of any nature whatsoever in respect of
the attached report including but not limited to the accuracy or completeness of any
information, facts, findings and/or opinions contained therein. SLA and the
Government shall not be held liable in any way for the use of and/or reliance upon
any of the information, facts, findings and/or opinions contained in the attached
report. Prospective tenants are expected to engage their own Qualified Persons
(QPs) to undertake a feasibility study based on their proposed use and the building
layout to ascertain the actual scope and cost of works required.
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CONDITIONS OF TENDER
In this Invitation to Tender (Tender No: SLA000/RT17-25/3-2/1696/1/1), the Singapore Land Authority,
(the “Authority”, which expression shall include its duly appointed employees, servants and agents,
and unless the context otherwise requires, the Government of the Republic of Singapore (the
“Government”)), as agent for and on behalf of the Government, in consultation with the Economic
Development Board, is inviting tenders for the rental of the property listed in the Tender Notice and more
particularly described in the Property Information (the “said premises”) for the use(s) as stated therein
on the following conditions:-
1 Conditions of Tender
1.1 The said premises are to be let out on an “as is where is” basis subject to all easements and
rights (if any) subsisting thereon but without any obligation on the part of the Authority to define
the same. The said premises should be viewed by tenderers and each tenderer shall in any
event be deemed to have tendered with full knowledge of the actual state, nature and conditions
thereof. Each tenderer shall also be deemed to have notice of the actual state, nature and
conditions of the said premises and the successful tenderer shall accept the said premises on
an “as is where is” basis as at the date that possession of the said premises is given to him
(please see Condition 12).
1.2 Tenderers are required to ascertain the exact and detailed conditions and requirements of all
relevant government agencies, public authorities and Public Utility Licensees in respect of the
proposed use of the said premises and shall at their own cost and expense observe and comply
with the same.
1.3 The layout plans of the said premises are attached only as a guide. All aspects of the plans,
details, guidelines, dimensions, descriptions and proposals given in these plans are subject to
deletions, alterations, amendments, variations, and revisions without prior notice. Tenderers
should determine the internal layout of the said premises based on the actual layout on site.
1.4 Tenderers shall assume that plans or drawings that are not included in this Invitation to Tender
are deemed not available as it is the responsibility of the successful tenderer to appoint
professional consultant(s), at his own cost, to produce the necessary plans or drawings for
submission to the relevant government agencies and public authorities.
1.5 No error, omission or mis-statement in this Invitation to Tender (whether affecting the area of
the said premises or not) shall invalidate any tender submitted or any Tenancy Agreement
executed by the successful tenderer nor shall the same discharge the successful tenderer from
any of his obligations (whether under the agreement for the Tenancy, the Tenancy Agreement,
at law or in equity) or entitle him to any compensation whatsoever or to any reduction of the
tendered monthly rent.
1.6 Each tenderer shall be taken to have read and shall be bound with full notice and knowledge of
the contents of this Invitation to Tender and any plans, drawings, reports and other documents
referred to, mentioned in, appended or annexed to the same, made by the Authority prior to the
Closing Date (as defined in Condition 3.4). All references herein to this Invitation to Tender
shall be deemed to include such documents as added to, varied or amended as aforesaid.
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COT/2
2 Terms of Tenancy
2.1 The successful tenderer shall, subject to the provisions of this Invitation to Tender, be granted
a tenancy of the said premises for an initial term of three (3) years (the “Tenancy”) on the terms
and conditions contained in the form of Tenancy Agreement in Appendix A of these Conditions
of Tender (the form of Tenancy Agreement in Appendix A to be referred to in these Conditions
of Tender as the “Tenancy Agreement”). The tenant (i.e. the successful tenderer, or where
approval has been granted pursuant to Condition 11, the New Company) may request for a
renewal of the Tenancy but please take note that any such renewal shall be at the sole discretion
of the Government as landlord. Please refer to clause 3.1 of the Tenancy Agreement.
2.2 The Tenancy and the rent-free period (if any) shall commence on such dates to be specified in
the Tenancy Agreement to be executed by the tenant (Please refer to Condition 8 and
Schedule 1 of the Tenancy Agreement).
3 Submission of Tender
3.1 The tender documents for the said premises may be downloaded from the State Property
Information Online (SPIO) website (http://www.sla.gov.sg/spio).
3.2 Each tenderer is allowed to submit only one (1) tender. The tenderer shall not, whether directly
or indirectly by himself, agent or in any other way submit more than one (1) tender for the said
premises and should the tenderer do so, all his tenders shall be disqualified.
3.3 A tender deposit equivalent to the tendered monthly rent (rounded up to the next nearest
dollar) by way of a crossed Cashier’s Order/Money Order made in favour of the
"COMMISSIONER OF LANDS" shall be enclosed with each tender submitted. Any
tendered monthly rent submitted in dollars and cents will be rounded up to the next nearest
dollar for administrative expediency. Tenders submitted without a tender deposit shall be
disqualified. Tender deposits paid in cash will not be accepted. The tender deposit shall
be forfeited in full if the tenderer attempts to withdraw his tender after the Closing Date or if the
tenderer does not comply with the terms and conditions contained in this Invitation to Tender.
The tender deposit of the successful tenderer shall also be forfeited if the Tenancy Agreement
is not executed within the time period stipulated in this Invitation to Tender. For unsuccessful
tenderers, the tender deposit shall be refunded without interest and sent by post to the address
as stated in the Form of Tender and thereafter, such unsuccessful tenderers shall have no claim
whatsoever against the Authority. The Authority will not be held liable for any returned tender
deposit that is lost in the post.
3.4 Each tenderer shall submit his tender including the completed Form of Tender and Tender Brief
and all supporting documents referred to in the Form of Tender and Tender Brief NOT later than
11.00 am on 21 Nov 2017 (the “Closing Date”), in a sealed envelope labelled with the envelope
label cover provided in this Invitation to Tender and deposited into Tender Box No. 1 located in
the office of the Authority at 55 Newton Road #12-01, Revenue House, Singapore 307987. The
timing for the close of this Invitation to Tender will be based on the official time display at the
Singapore Land Authority at 55 Newton Road, #12-01 Revenue House, Singapore 307987. Any
tender submitted after 11.00 am on the Closing Date shall be disqualified and shall not be
considered.
3.5 Tenders shall be submitted in the name of:
(a) an individual;
(b) all the partners of a firm;
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COT/3
(c) the trustee(s) of a society (hereinafter referred to as “society”);
(d) a limited liability partnership;
(e) a company; or
(f) a corporation.
Except where the tenderer falls within Condition 3.5(b) or (c) above, tenders submitted in two
(2) or more joint names may be disqualified.
3.6 Tenderers shall only submit a lump sum figure as the tendered monthly rent. Any
breakdown or itemisation of the tendered monthly rent shall be disregarded, and where the
tenderer has not submitted a lump sum figure as the tendered monthly rent, the tenderer shall
be deemed to have submitted a lump sum figure as the tendered monthly rent for the duration
of the initial 3-year term of the Tenancy based on the aggregate sum of all itemised figures.
3.7 If there is any discrepancy between the tendered monthly rent inserted in the Form of Tender
and the tendered monthly rent stated in other documents, the tendered monthly rent in the Form
of Tender shall prevail. If there is any discrepancy between the tendered monthly rent inserted
in words and figures in the Form of Tender, the tendered monthly rent in words shall prevail.
3.8 Upon request by the Authority, tenderers may be required to submit a plan showing their
proposed concept for the said premises as well as their proposed layout and
renovation/decoration of the interior of the said premises.
3.9 Proof of Income
Tenderers are required to submit as proof of income and financial status, the following
documents:
(a) (where the tenderer is a company, limited liability partnership, society, firm or corporation
but is not required by law to audit its financial statements) the tenderer’s financial
statements for the last two (2) years (including profit and loss accounts, balance sheets
and cash flow statements); or
(b) (where the tenderer is a company, limited liability partnership, society, firm or corporation
but is required by law to audit its financial statements) the tenderer’s audited financial
statements for the last two (2) years (including profit and loss accounts, balance sheets
and cash flow statements); or
(c) (where the tenderer is an individual), a copy of his notice of income tax assessment for
the last two (2) years.
3.10 In the event that the Authority seeks clarification from a tenderer on any aspect of his tender,
the tenderer shall provide a full and comprehensive written response within seven (7) days (the
"stipulated time") after the date of such written request(s) from the Authority. The Authority
reserves the right to disregard any response received after the stipulated time, regardless of the
cause of the delay.
4 Proposed Use(s)
4.1 Each tenderer shall state his proposed use(s) for the said premises on the Form of Tender.
Such proposed use shall be one or more or all the use(s) as stated in the Tender Notice.
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COT/4
4.2 The Authority shall not be held responsible and liable in the event the relevant authorities refuse
to grant approval for the said use(s).
4.2 Any tender submission proposing any use(s) other than that as specified in the Tender Notice
and the Property Information shall be disqualified. Without prejudice to the foregoing, any tender
proposing the use of the said premises for religious or racial activities or any purpose/events
related to any religious or racial bodies/organizations shall be disqualified.
5 Eligibility of Tenderers
5.1 The tenderer must have the necessary experience in the operation of businesses or
management of properties related to his proposed usage for the said premises. For example, a
tenderer must show proof of his experience in operating or managing commercial properties in
the case of a proposed usage for commercial use of the said premises or in the case of a
proposed usage for plant nurseries/plant sales centre, he must show proof of his experience in
the operation of plant nurseries/plant sales centre. For the avoidance of doubt, the Authority
may consider other relevant factors in deciding whether or not to accept a tender by the tenderer.
5.2 The tenderer must be of sound financial status.
6 Warranty by the Successful Tenderer and Every Tenderer
6.1 Every tenderer shall be deemed to warrant and represent that he does not fall within any of the
categories of persons, companies, limited liability partnerships, societies or corporations
appended hereunder and does not represent or act on behalf of any persons, companies, limited
liability partnerships, societies or corporations appended hereunder:
(a) Persons under the age of 21;
(b) Persons, companies, limited liability partnerships, societies or corporations debarred from
public sector contracts for any line of business;
(c) Persons against whom a bankruptcy application has been presented in the High Court;
(d) Persons adjudicated bankrupt or persons against whom an application under the
Bankruptcy Act for an interim order has been made;
(e) Mentally disordered persons;
(f) Companies, limited liability partnerships and corporations against which an application
for winding up has been presented in the High Court or which are in liquidation, whether
compulsory or voluntary (except for the purpose of amalgamation or reconstruction when
solvent);
(g) Companies, limited liability partnerships, societies and corporations placed under
receivership and a receiver appointed to manage the affairs;
(h) Companies for which an application has been made for the appointment of a judicial
manager or companies placed under judicial management or companies that have
entered into a scheme of arrangement with its creditors;
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COT/5
(i) Persons, companies, limited liability partnerships, societies or corporations, including their
shareholders and directors (for companies or corporations which are not public listed
companies or corporations) and their partners (or limited liability partnerships), who are
or have been tenants of State properties and who have monies owing to the Government;
and
(j) Public listed companies or corporations (including their directors) who are or have been
tenants of State properties and who have monies owing to the Government.
6.2 If the successful tenderer shall, at any time, be found to fall within any of the categories of
persons, companies, limited liability partnerships, societies or corporations stipulated in
Condition 6.1, or represents or acts on behalf of any person, company, limited liability
partnership, society or corporation falling within any of the categories of persons, companies
limited liability partnerships, societies or corporations stipulated in Condition 6.1, the Authority
shall, without prejudice to any other rights or remedies available to the Authority whether under
the agreement for the Tenancy or the Tenancy Agreement, at law or in equity, be entitled to and
may at any time –
(a) terminate the agreement for the Tenancy or the Tenancy Agreement (as the case may
be) by giving notice to the successful tenderer, in which event all monies paid pursuant
to these Conditions of Tender (including any deposit) shall be forfeited and belong to the
Authority; and
(b) re-let the said premises, whether by public auction or private treaty or by tender or offer,
subject to such conditions and generally in such manner as the Authority may in its
absolute discretion think fit, and all losses and expenses incurred in connection with or
arising from a re-letting or attempted re-letting, including (without limitation) any loss or
deficiency of rent arising from such re-letting, shall be made good and paid for by the
successful tenderer to the Authority and shall be recoverable by the Authority against the
successful tenderer as damages, but any increase in rent on a re-letting shall belong to
the Authority absolutely.
7 Goods & Services Tax
7.1 The tendered monthly rent as stated in the Form of Tender shall be EXCLUSIVE of any goods
and services tax (“GST”). Any GST which is payable on the rent or any other taxable goods and
services supplied under the agreement for the Tenancy or the Tenancy Agreement shall be paid
separately by the successful tenderer, as and when required by the Authority.
7A Evaluation Criteria
7A.1 The selection of the successful tenderer shall be based on the evaluation criteria and method
set out in Appendix A-3, and any other relevant factors as the Authority may deem fit.
7A.2 If, upon evaluation in accordance with the criteria and method set out in Appendix A-3, it is
found that two (2) or more tenderers have the same highest combined scores (collectively,
the “Tied Bidders”), the Authority may (at its absolute discretion), on or before the expiry of the
Validity Period stipulated in Condition 9.1, decide to carry out a random ballot (the “Ballot”) to
determine the successful tenderer from among the Tied Bidders. If the Authority decides to carry
out such a Ballot, the Authority shall notify the Tied Bidders of the date and time for the Ballot.
The Authority shall proceed with the Ballot at the specified time (notwithstanding that any of the
Tied Bidders may be absent at the specified time) to select the successful tenderer from among
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COT/6
the Tied Bidders. The Authority shall not be obliged to respond to or entertain any query or
request made by any Tied Bidder as to the conduct of the Ballot on any ground whatsoever.
8 Acceptance of Tender
8.1 The Authority reserves the right at any time to withdraw this Invitation to Tender without being
liable for any costs, damages, losses, fees, charges, expenses or compensation or any nature
whatsoever.
8.2 The Authority does not bind itself to accept the highest, the whole, or part or any tender. All
costs and expenses incurred in connection with any tender shall be borne by the tenderer.
8.3 The issue by the Authority of a letter of acceptance (the “Letter of Acceptance”) accepting a
tenderer’s tender (which includes, without limitation, the tenderer’s proposal (the “Proposal”)
submitted as part of the tender) shall create a binding agreement for the Tenancy with the
tenderer, on the terms and conditions as contained in these Conditions of Tender, the Tenancy
Agreement, and the tenderer’s tender as accepted by the Authority in its Letter of Acceptance.
The Letter of Acceptance may be issued to the successful tenderer’s address given in his Form
of Tender and sent to him at that address by post, and the Letter of Acceptance so sent shall
be deemed to have been received by the addressee in due course by post. The date of the
Letter of Acceptance issued by the Authority to the successful tenderer shall be deemed to be
the date of acceptance by the Authority of the successful tenderer’s tender.
8.4 The successful tenderer or (where approval has been granted pursuant to Condition 11) the
New Company, shall execute the Tenancy Agreement (in duplicate) and make payment of the
rent and other amounts required under the Tenancy Agreement within twenty-eight (28) days of
the date of the Letter of Acceptance;
8.5 The successful tenderer or (where approval has been granted pursuant to Condition 11) the
New Company shall, within twenty-eight (28) days after the date of the Letter of Acceptance,
forward all of the following to the Authority:
(a) the duly signed Tenancy Agreement (in duplicate) in the form set out in Appendix A of
this Invitation to Tender;
(b) a banker’s guarantee issued by an MAS-approved bank in the form set out in Appendix
A-2 of this Invitation to Tender, for an amount equivalent to the Security Deposit (as
defined in Condition 8.6),
OR
an insurance performance bond/guarantee issued by an MAS-approved insurance
company in the form set out in Appendix A-2 of this Invitation to Tender, for an amount
equivalent to the Security Deposit,
OR
a Cashier’s Order/Money Order made in favour of "COMMISSIONER OF LANDS" for an
amount equivalent to the Security Deposit;
(c) a Cheque, Cashier's Order or a Money Order made in favour of “COMMISSIONER OF
LANDS” for an amount equivalent to the GST payable on the tendered monthly rent;
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COT/7
(d) a certificate of Stamp Duty issued by the Inland Revenue of Singapore (IRAS) in respect
of the stamp fee paid on the Tenancy Agreement;
(e) the duly completed and signed GIRO and direct credit authorisation forms in the
prescribed form set out in the Letter of Acceptance; and
(f) a fire insurance policy for the amount stated in the Property Information.
8.6 At the time of executing the Tenancy Agreement, the successful tenderer, or (where approval
has been granted pursuant to Condition 11) the New Company shall pay a Security Deposit of
at least three (3) months’ rent. The Authority may, in its absolute discretion, increase the
quantum of the required Security Deposit up to a maximum of the equivalent of six (6) months’
rent.
8.7 Tenderers may, before submitting their tenders, appoint a registered surveyor to survey the
gross floor area of the said premises. The cost of each survey shall be borne by the respective
tenderers. The absence of an independent survey shall not be a ground or excuse for delay in
the payment of monies due under these Conditions of Tender, nor shall it be a ground for delay
in executing the Tenancy Agreement.
8.8 The monthly rent payable for the said premises under the Tenancy Agreement shall be the
tendered monthly rent stipulated in the successful tenderer’s tender that is accepted by the
Authority in accordance with this Condition 8, and the tender deposit provided by the successful
tenderer in accordance with Condition 3.3 shall be deemed to be the first payment of the
monthly rent due under the Tenancy Agreement.
9 Validity Period
9.1 Tenders submitted shall remain valid for acceptance by the Authority for the period (the “Validity
Period”) of one hundred and eighty (180) days (excluding public holidays) commencing on the
Closing Date of the tender.
9.2 No tenderer may withdraw his tender after the Closing Date.
9.3 Notwithstanding that the Authority has issued a Letter of Acceptance to the successful tenderer,
tenders from all other tenderers shall remain open and valid till the end of the Validity Period.
The Authority reserves the right at any time to accept the tender from an alternative tenderer.
10 Withdrawal of Tender
10.1 If a tenderer attempts to withdraw his tender after the Closing Date, the tenderer’s tender deposit
paid pursuant to Condition 3.3 will be forfeited. The tenderer may further be debarred from
participating in all public sector contracts for all lines of business for such periods as may be
determined by the Authority at its sole and absolute discretion. Where such tenderer is a limited
company, both the company and its individual directors may also be debarred.
11 Incorporation of New Company or Use of Existing Company
11.1 If the successful tenderer wishes to form and incorporate in Singapore a new company or use
an existing company (such new company or existing company shall hereinafter be referred to
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as the “New Company”) with limited liability to execute the Tenancy Agreement, the successful
tenderer shall be required to first seek the Authority’s prior written approval for the same, which
approval, if granted, may be subject to such terms and conditions as the Authority may think fit
(including without limitation, the requirement on the part of the successful tenderer to hold and
retain in the New Company throughout the term of the tenancy a controlling interest of more
than 50% of the shares in the New Company).
11.2 On or before the execution of Tenancy Agreement, the successful tenderer shall forward to the
Authority a printout on the New Company from the Accounting and Corporate Regulatory
Authority (ACRA) and if required by the Authority, a list in writing of the shareholders and their
holding shares in the New Company, including particulars of all shares held by each particular
shareholder and the value thereof, and such list shall be certified to be correct by a director of
the New Company.
11.3 If the approval from the Authority under Condition 11.1 is not granted, the successful tenderer
shall execute the Tenancy Agreement, and forward the items set out in Condition 8.5 to the
Authority, all within the time-lines stipulated in Condition 8.
12 Possession of said premises
12.1 Subject to Condition 12.2 below, possession of the said premises shall be given to the
successful tenderer or (where approval has been granted pursuant to Condition 11) the New
Company, by delivering to him/it the keys (if any) and a letter (the “Handing/Taking Over
Certificate”) stating that possession of the said premises shall be deemed to have been handed
over to him/it with effect from and on the date of such Handing/Taking Over Certificate.
12.2 Possession of the said premises shall be given in the manner as aforementioned in Condition
12.1 only after the receipt by the Authority of all the payments and documents referred to in
Condition 8.5.
12.3 The successful tenderer or (where applicable) the New Company shall accept the said premises
on an “as is where is” basis as regards the matters mentioned in Condition 1.1 and in all other
respects as at the date of the Handing/Taking Over Certificate, and neither of them shall make
any objection or requisition whatsoever in respect thereof nor shall they at any time
(a) withhold payment of any monies;
(b) object to or refuse to accept the delivery of possession of the said premises;
(c) delay or refuse to observe or perform any of the terms and conditions contained in this
Invitation to Tender or in the Tenancy Agreement;
(d) claim for any compensation or reduction of the tendered monthly rent; or
(e) require the Authority to remove any encroachment, structure or thing present on, under or
within the said premises.
12.4 The Authority shall not be required to clean up, or remove any rubbish or debris or other articles
from the said premises, at any time, whether before, on or after the delivery of possession of
the said premises to the successful tenderer or (as the case may be) the New Company, and
neither the successful tenderer nor the New Company shall claim against the Authority for any
cost incurred in cleaning up the said premises, or removing any rubbish, debris or other articles
from the said premises.
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13 Default or Breach
13.1 If the successful tenderer or (where approval has been granted pursuant to Condition 11) the
New Company fails to execute the Tenancy Agreement in accordance with Condition 8.5 (or
any extension of time that may be granted by the Authority), or to observe or perform any of the
provisions of the agreement for the Tenancy, the Authority shall, without prejudice to any other
rights or remedies available to the Authority (whether under the agreement for the Tenancy or
the Tenancy Agreement, at law or in equity), be entitled to and may at any time –
(a) terminate the agreement for the Tenancy or the Tenancy Agreement (as the case may
be) by giving notice to the successful tenderer or where applicable, the New Company,
in which event all monies paid pursuant to these Conditions of Tender (including any
deposit) shall be forfeited and belong to the Authority; and
(b) re-let the said premises whether by public auction, private treaty or by tender or offer
subject to such conditions and generally in such manner as the Authority may in its
absolute discretion think fit and all losses and expenses incurred in connection with or
arising from a re-letting or attempted re-letting including (without limitation) any loss or
deficiency of rent arising from such re-letting shall be made good and paid for by the
successful tenderer to the Authority and shall be recoverable by the Authority against the
successful tenderer as damages but any increase in rent on a re-letting shall belong to
the Authority absolutely.
14 Disqualification of Tender
14.1 All tenders shall be submitted in accordance with this Invitation to Tender. Any tender which
attempts to vary the prescribed Form of Tender or the Tender Brief (contained in Part 3), or
these Conditions of Tender or any part of this Invitation to Tender, is liable to be rejected. In
consideration of the tenderers agreeing to abide by all the instructions, terms and conditions
contained in this Invitation to Tender, the Authority shall evaluate the tenders fairly and in
accordance with this Invitation to Tender.
15 Debarment
15.1 If a tenderer or any of its directors or partners is found to have been debarred from public sector
contracts for any line of business, the tenderer may be debarred from participating in this
Invitation to Tender.
15.2 If the successful tenderer or (where approval has been granted pursuant to Condition 11) the
New Company, fails to observe or perform any of the terms and conditions contained or referred
to in this Invitation to Tender or the Tenancy Agreement, the Authority reserves the right to
debar them from all public sector contracts for all lines of business for such periods as the
Authority may at its discretion determine.
15.3 If the successful tenderer, the New Company or any tenderer is convicted of the offence of
corruption (the “convicted party”), regardless of the amount involved, the Authority shall debar
the convicted party from participating in all public sector contracts for all lines of business for a
minimum period of five (5) years.
15.4 Without prejudice to any other rights or remedies available to the Authority whether under the
agreement for the Tenancy or the Tenancy Agreement, at law or in equity, the successful
tenderer and the New Company shall on demand pay such amount as the Authority may
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determine as compensation for any loss and damage that may be suffered, directly or indirectly,
by the Authority as a result of any failure to observe or perform any of the terms of the agreement
for the Tenancy or the Tenancy Agreement on the part of the successful tenderer, the New
Company, or the employees or agents of the successful tenderer or the New Company.
16 Proposed works to the said premises
16.1 If, for the purpose of his proposed use(s) for the said premises as set out in the Form of Tender,
the successful tenderer or the New Company proposes any addition or alteration works (the
“Works”) which include:
(a) the demolition of existing structures;
(b) the construction of new structures as replacement for any reduction in the gross floor
area resulting from such demolition; or
(c) earthworks including but not limited to the alteration of the contours of land by moving,
placing or replacing earth, or by excavation, cutting, filling or backfilling,
the successful tenderer or New Company may subject to the prior written approval of the
Authority and the relevant authorities being obtained, proceed with and complete the Works in
accordance with such plans as have been prepared by competent professionals and submitted
to and approved by the Authority and the relevant authorities.
16.2 The Authority’s consent in connection with the Works may be given subject to such other terms,
conditions and requirements as the Authority deems appropriate which may include (but is not
restricted to) the provision of an additional security deposit and the submission of a project
schedule.
.
17 General Provisions
17.1 Payment of any amount payable under or pursuant to these Conditions of Tender shall, unless
otherwise expressly stated, be made in such manner and by such means as the Authority may
notify to the successful tenderer in writing.
16.2 The headings in these Conditions of Tender shall not be deemed to form part of the same and
shall not affect the interpretation or construction of any of the provisions contained herein.
17.3 Any notice or document required to be given to a tenderer in writing may be sent by post to the
address given by the tenderer in its submitted Form of Tender, and such posting shall be
deemed good service of such notice.
17.4 Time shall be of the essence in respect of all provisions in these Conditions of Tender relating
to the payment of the tendered monthly rent (or any part thereof) and any other monies by the
successful tenderer or (where approval has been granted pursuant to Condition 11) the New
Company.
17.5 In these Conditions of Tender, the words “company” and “corporation” shall have the meanings
ascribed to them in the Companies Act (Cap. 50).
17.6 The agreement for the tenancy, the Tenancy Agreement and (where applicable) the letter from
the Authority granting approval to the successful tenderer pursuant to Condition 11 contain the
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entire and whole agreements between the parties and supersede all prior written or oral
commitments, representations, arrangements, understandings or agreements between them.
Each party warrants to the other that it has not entered into the agreement for the tenancy or
the Tenancy Agreement on the basis of any prior written or oral commitments, representations,
arrangements, understandings or agreements between them.
17.7 The successful tenderer or the New Company (as the case may be) shall be liable for and shall
fully indemnify the Authority in respect of all losses, damage, injuries, claims, actions,
proceedings, liabilities, costs, expenses, fees, charges and demands of any nature whatsoever
(including legal costs and expenses on a full indemnity basis) which may be made against or
incurred or suffered by the Authority arising directly or indirectly from or in connection with any
of the following:
17.7.1 the failure to observe or perform any of the provisions of the agreement for the Tenancy
or the Tenancy Agreement on the part of the successful tenderer or the New Company
(as the case may be) or the employees or agents of the successful tenderer or the New
Company (as the case may be); and
17.7.2 the use and occupation of the said premises.
17.8 In no event shall any delay, failure or omission on the part of either of the parties in enforcing or
exercising any right, power, privilege, claim or remedy, which is conferred by the agreement for
the Tenancy or Tenancy Agreement, at law or in equity, or which arises from any breach by the
other party of the agreement for the Tenancy or Tenancy Agreement.
(i) be deemed to be or be construed as a waiver of such right, power, privilege, claim or
remedy, or of any other right, power, privilege, claim or remedy in respect of the
particular circumstances in question; or
(ii) operate so as to bar the enforcement or exercise of such right, power, privilege, claim
or remedy, or of any other right, power, privilege, claim or remedy, in any other instance
at any time or times thereafter.
17.9 The agreement for the Tenancy shall remain in full force and effect as between the Authority
and the successful tenderer notwithstanding the execution of the Tenancy Agreement, and shall
not merge in the grant of the Tenancy Agreement of the said premises to the successful tenderer
or the New Company (as the case may be).
17.10 The agreement for the Tenancy and the Tenancy Agreement shall be subject to, governed by
and interpreted in accordance with the laws of the Republic of Singapore for every purpose.
17.11 Any dispute relating to the agreement for the Tenancy or the Tenancy Agreement shall be
resolved exclusively in the Singapore courts.
17.12 A party who is not a party to the agreement for the Tenancy shall have no right under the
Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.
17.13 In giving its consent or approval in respect of any matters hereunder wherein the consent or
approval of the Authority is required, the Authority shall be at liberty to impose such conditions
as it shall in its absolute discretion deem fit and which shall include, without limitation, the levy
of a fee.
17.14 The Authority reserves the right to amend any terms in, or to issue supplementary terms to this
Invitation to Tender at any time prior to the Closing Date.
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Appendix A
TENANCY AGREEMENT
Between
THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE
and
[ ]
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Contents Page
1. Definitions & Interpretation ...................................................................................................... 3
2. Letting of the Premises ............................................................................................................. 5
3. Tenancy for a Further Term ...................................................................................................... 5
4. Tenant’s Covenants .................................................................................................................. 5
5. Landlord’s Covenants .............................................................................................................17
6. Other Terms ............................................................................................................................17
7. General Terms .........................................................................................................................22
SCHEDULE 1 ........................................................................................................................................26
SCHEDULE 2 ........................................................................................................................................28
SCHEDULE 3 ........................................................................................................................................29
SCHEDULE 4 ........................................................................................................................................34
Attachment 1 – Intentionally Left Blank
Attachment 2 – Plan of Premises
Attachment 3 – GFA survey plans of the Building
Attachment 4A – Plan of Infrastructure Services
Attachment x – Tender Proposal
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REF NO: [ ]
THIS AGREEMENT is made on the [day] of [month] [year].
BETWEEN:
(1) THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE c/o The Singapore Land Authority,
55 Newton Road, #12-01, Revenue House, Singapore 307987 (hereinafter referred to as the
“Landlord") of the one part;
AND
(2) [TO INSERT NAME OF COMPANY ] (Company Registration No < > ) whose registered
office is at [ ] (hereinafter referred to as the “Tenant” which expression shall where the
context so admits include the Tenant's successors, executors and administrators) of the other
part.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. Definitions and Interpretation
1.1 In this Agreement:
“Approved Use” shall have the meaning ascribed to it in Schedule 1;
“Approved Works” shall have the meaning ascribed to it in Clause 4.11.2;
“Earthworks” includes but is not limited to the alteration of the contours of land by moving, placing or replacing earth, or by excavation, cutting, filling or backfilling;
“GFA” means gross floor area;
“Parties” means both the Landlord and Tenant, and “Party” means either the Landlord or the
Tenant;
“Premises” means the property described in Schedule 1;
“permitted occupier” means any person on the Premises for any period expressly or by
implication with the Tenant’s authority or permission;
“Rent” means the rent payable by the Tenant as specified in Schedule 1;
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“Security Deposit” shall have the meaning ascribed to it in Clause 4.6.1;
“Singapore Land Authority” means the Singapore Land Authority constituted under the
Singapore Land Authority Act (Cap. 301);
“Term” means the term of tenancy granted under this Agreement as specified in Schedule 1;
“this Agreement” means this Agreement and all plans, drawings, schedules of and annexures
to it, and includes all supplementals, additions, variations and amendments to it;
“working day” means any day from Monday to Friday inclusive but excludes any public holiday.
1.2 Every obligation by the Tenant is taken to include an obligation by the Tenant to ensure that
each of his employees, agents, independent contractors, permitted occupiers and others under
his control comply with that obligation. Any covenant by the Tenant not to do any act or thing
includes an obligation not to allow that act or thing to be done.
1.3 Each plan, drawing, schedule of and annexure to this Agreement forms an integral part of this
Agreement, and the provisions thereof shall have the same force and effect as if expressly set
out in the main body of this Agreement.
1.4 A reference to the whole includes any part thereof and a reference to the word “include” or
“including” shall not be construed as having any limiting effect.
1.5 Words importing one gender include all other genders, and words importing the singular include
the plural and vice versa.
1.6 Words denoting natural persons include corporations and firms.
1.7 If any Party to this Agreement comprises two or more persons, obligations expressed or implied
to be made by or with that Party are deemed to be made by or with the persons comprising
that Party jointly and severally.
1.8 All clause, paragraph and schedule headings are for convenience of reference only and shall
not be taken into consideration in the interpretation or construction of the clauses, paragraphs
or schedules to which they relate.
1.9 Unless otherwise stated, any reference in this Agreement to a numbered clause, paragraph or
schedule of this Agreement shall mean the clause, paragraph or schedule of this Agreement
so numbered.
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1.10 Unless otherwise stated, any reference in this Agreement to any statute or legislation shall be
deemed a reference to such statute or legislation as amended from time to time, and for the
time being in force, and be deemed to include any subsidiary legislation made under it.
2. Letting of the Premises
2.1 The Landlord hereby lets the Premises to the Tenant, subject to and in accordance with the terms
and conditions contained in this Agreement and the provisions of the State Lands Act (Cap.314)
and the State Lands Rules, for the Term and at the Rent.
2.2 The Premises are let to the Tenant on an “as is where is” basis, and the Tenant shall accept the
actual state and condition of the Premises in all respects as at the date of this Agreement and at
the commencement of the Term.
3. Tenancy for a Further Term
3.1 If the Tenant wishes to have a tenancy of the Premises (in whole and not in part) for a further term
of three (3) years, the Tenant shall serve a written request on the Landlord not less than ten (10)
months and not more than twelve (12) months before the end of the Term, and the Landlord may,
at its sole discretion, agree to grant the Tenant a tenancy for such further term from the end of the
Term, at such rent and on such terms and conditions (including a provision granting the Tenant an
option to renew the tenancy for a final term which shall not exceed three (3) years) to be agreed
between the Parties.
4. Tenant’s Covenants
The Tenant hereby covenants with the Landlord as follows:
4.1 Rent
4.1.1 The Tenant shall pay the Rent promptly as and when due, without any demand, deduction,
set-off or counterclaim through the Inter-bank Giro Scheme or by any other mode of
payment agreed in writing by the Landlord, at the times and in the manner as set out in
Schedule 1. The said sum is exclusive of any Goods and Services Tax chargeable
thereon.
4.1.2 The Tenant shall not be required to pay Rent during the Rent-Free Period set out in
paragraph 6 of Schedule 1. Upon the expiry of the Rent-Free Period, the Tenant shall
pay Rent at the times and in the manner set out in Schedule 1. In the event that this
Agreement is terminated earlier for any reason whatsoever, then in addition to and
without prejudice to any other rights or remedies of the Landlord, the Tenant shall
forthwith upon termination of the tenancy pay to the Landlord on demand an amount
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up to the total rent which would (if not for this Clause 4.1.2) have been payable by the
Tenant for the entire duration of the Rent-Free Period.
4.2 Goods and Services Tax
4.2.1 In addition to the Rent and other monies payable under this Agreement, the Tenant
shall pay to the Landlord immediately on demand:
(a) the amount of any Goods and Services Tax (hereinafter referred to as “GST”)
chargeable under the Goods and Services Tax Act (Cap. 117A) and payable
by the Landlord in respect of any sum payable under this Agreement, and for
the grant of the tenancy under this Agreement; and
(b) all interest and penalties whatsoever suffered or incurred by the Landlord
resulting from the failure or delay on the part of the Tenant in the payment and
discharge of such GST.
4.3 Interest
4.3.1 If the Rent or any part thereof, or any other monies (including the amount of GST
payable under Clause 4.2.1), due to the Landlord under this Agreement shall remain
unpaid by the Tenant after the same is due (whether any formal demand thereof is
made or not), the Tenant shall pay interest based on the prevailing Late Payment
Interest Rate(s) (as defined in Clause 4.3.2) applicable to such outstanding monies at
any time, from the date such monies fall due for payment until the date of actual
payment (both before and after judgment) subject always to a minimum interest
charge of $3.00, and such interest shall be recoverable from the Tenant as if the same
were rent in arrears.
4.3.2 The “Late Payment Interest Rate(s)” shall mean the interest rate(s) which shall not
exceed 12% per annum in any event, as determined by the Landlord from time to time
to be applicable and chargeable on any overdue payment, and published on the
Singapore Land Authority’s website at http://www.sla.gov.sg/htm/ser/ser02.htm.
The Tenant shall access the said website from time to time to find out the applicable
and chargeable rate(s) and shall be deemed to have notice of such rate(s).
4.4 Utilities and Other Services
4.4.1 The Tenant shall arrange, at its own cost and expense, for the installation, connection
and supply of all utilities and any other services required by it at or in relation to the
Premises.
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4.4.2 The Tenant shall pay to the suppliers, and indemnify the Landlord against, all charges
for the installation, connection and supply of all utilities and any other services
consumed or used at or in relation to the Premises, and the Tenant shall comply with
the requirements and regulations of the respective suppliers.
4.4.3 The Tenant shall not, without giving the Landlord thirty (30) days prior written notice,
take any step to reduce, suspend, stop or in any way affect the continuous,
uninterrupted and adequate supply of all utilities and any other services consumed or
used at the Premises, before the expiry or earlier termination of the tenancy granted
under this Agreement.
4.4.4 For the purposes of this Clause 4.4, the term “utilities” shall include water, electricity,
telecommunications network, gas and any water-borne sewerage systems.
4.5 Insurance
4.5.1 The Tenant shall take out and maintain at all times during the Term, the insurance
policies set out in Schedule 2, and shall observe, perform and comply with all the
requirements set out in that Schedule.
4.6 Security Deposit
4.6.1 On or before the signing of this Agreement, the Tenant shall provide the Landlord with the
following (hereinafter referred to as the “Security Deposit”):
(a) a cash deposit for the Sum specified in paragraph 7 of Schedule 1;, or
(b) in lieu of the cash deposit, an “on-demand” banker’s guarantee, or an insurance
performance bond issued by an insurance company approved by the Monetary
Authority of Singapore, for the same Sum,
as security for the due observance and performance by the Tenant of all the terms and
conditions of this Agreement. Any banker’s guarantee or insurance performance bond
provided as security under this Clause 4.6 shall be in a form approved by the Landlord.
4.6.2 The Landlord shall be entitled, without prejudice to any other right or remedy it may have
under this Agreement, to deduct and/or to set off from the Security Deposit so provided
by the Tenant under this Clause 4.6 (whether it be in the form of a cash deposit or by
way of a banker’s guarantee or insurance performance bond), the amount of any Rent
in arrears or interest thereon or any sum payable to the Landlord remaining unpaid or
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any loss or damage sustained by the Landlord as the result of any breach, non-
observance or non-performance by the Tenant of any of the terms and conditions of
this Agreement. The Security Deposit shall not be deemed to be payment of the Rent
or any of the payments hereby reserved or any part thereof unless the Landlord
exercises the Landlord’s right herein.
4.6.3 If any part of the Security Deposit provided by the Tenant under this Clause 4.6 shall
be applied by the Landlord as provided in Clause 4.6.2, the Tenant shall on written
demand by the Landlord forthwith further deposit with the Landlord a cash sum
equivalent to the amount so applied by the Landlord, or furnish a banker’s guarantee
or insurance performance bond for that amount, so that the Security Deposit shall at
all times be equivalent to the Sum.
4.6.4 If, in addition to the Security Deposit referred to in Clause 4.6.1, the Tenant is required
to provide the Landlord with any other security deposits (hereinafter referred to as the
“additional security deposits”) under any other provision of this Agreement or as a
condition for the Landlord’s grant of consent or approval under any provision of this
Agreement, the Tenant shall forthwith provide the Landlord with such additional
security deposits in the amounts and forms as agreed or stipulated by the Landlord.
4.6.5 Subject to the Landlord’s rights as set out in the provisions of this Clause 4.6 and this
Agreement, the Landlord shall refund without interest and / or return (as the case may
be), the cash deposits, banker’s guarantees and / or insurance performance bonds
provided as the Security Deposit and the additional security deposits, after the expiry
or earlier termination of the tenancy granted under this Agreement.
4.7 Approved use of the Premises
4.7.1 The Tenant shall use the Premises for the Approved Use only subject to and in accordance
with the approval of the competent authority under the Planning Act (Cap. 232) and the
provisions of this Agreement including all the attached Schedules, and shall not use the
Premises for any other purposes.
4.8 Planning Permissions and Licensing Requirements
4.8.1 Where use and planning permissions are required for the Approved Use of the Premises,
the Tenant shall at his own cost and expense, obtain all the requisite permissions and
approvals from the relevant authorities, and comply with all their conditions and
requirements.
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4.8.2 Where licences are required for the operation of the Premises for the Approved Use of
the Premises, the Tenant shall at his own cost and expense, obtain all the requisite
licences and approvals from the relevant authorities, and comply with all their
requirements and conditions.
4.9 Obligations and Restrictions on the use of the Premises The Tenant shall observe, perform and comply with the requirements of this Clause 4.9:
4.9.1 Nuisance
The Tenant shall not do anything on any part of the Premises which in the opinion of
the Landlord is or may become, or cause a nuisance or annoyance to or in any way
interfere with the quiet enjoyment or comfort of the owners or occupiers of the
Premises or the adjoining or neighbouring properties.
4.9.2 Illegal and immoral acts and unauthorised use
The Tenant shall not use any part of the Premises:
(a) for any dangerous, noxious, noisy or offensive activity, or any illegal or immoral act
or purpose; or
(b) for sleeping accommodation or residential purposes, unless such use is permitted
under the Approved Use or is otherwise permitted by the Landlord in writing.
4.9.3 Combustible material
The Tenant shall not keep on any part of the Premises any materials of a combustible,
inflammable, dangerous or explosive nature, or the keeping of which may contravene
any laws, regulations or bylaws, or any requirements imposed by the Landlord.
4.9.4 Not to void insurance
The Tenant shall not do anything which may result in the insurers refusing to pay the
insured sums (entirely or partly) under any fire and other insurance policies taken out
by the Tenant and / or the Landlord, or make any such insurance policies invalid or
capable of being cancelled, or which may increase the premium payable by the
Landlord on such policies.
4.9.5 Not to remove from or dump onto the Premises earth and other materials
The Tenant shall not:
(a) remove or dispose of in any way, any earth, sand, clay gravel or any other fill
material from the land forming part of the Premises, or
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(b) dump or deposit any hardcore, waste, refuse, filth, debris or any other similar
material on any part of the Premises or on the Landlord’s adjoining property.
4.9.6 Not to alter name of the Premises
The Tenant shall not, without the prior written approval of the Landlord and the relevant
authorities, alter the name of the Premises.
4.9.7 Not to display signs and advertisements
The Tenant shall not display, affix, paint or otherwise exhibit on any part of the
Premises including any structure or building (whether interior or exterior) any name,
sign, notice, advertisement, placard, banner, flag, covering or any other thing
whatsoever, which can be seen from outside of the Premises, without the prior written
approval from the Landlord and the relevant authorities, and in accordance with all their
terms and conditions.
4.9.8 To give notice of defects
The Tenant shall notify the Landlord or its agents immediately of any defect in the
Premises which may give rise to any duty on the part of the Landlord, and the Tenant
shall at all times display and maintain any notices that the Landlord may from time to
time require the Tenant to display at the Premises.
4.9.9 To give notice of, and compliance with statutory notices
The Tenant shall notify and produce immediately to the Landlord or its agents a copy
of any notice, direction, or order that affects the Premises that is issued to or served
on the Tenant (or on the occupiers of the Premises) by any Government department
or agency, or any relevant authority, and the Tenant shall without delay take all
necessary steps to comply with such notice, direction or order.
4.9.10 To provide evidence of compliance
The Tenant shall produce to the Landlord or its agents all such evidence including
documentary and real evidence as the Landlord may require to satisfy itself that the
provisions of this Agreement have been complied with.
4.9.11 To comply with all laws and regulations
The Tenant shall ascertain and comply fully and promptly, at his own cost and expense,
with all laws and regulations of the Republic of Singapore, and with all conditions and
requirements of the Government departments and agencies, the relevant authorities
(constituted under any written law for the time being in force) and the public utility
licensees relating to:
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(a) the Premises;
(b) the use or occupation of the Premises;
(c) anything done in the Premises by the Tenant; and
(d) anything in the Premises.
4.10 Repairs and General Maintenance
4.10.1 The Tenant shall, at all times, at his own cost and expense,
(a) keep the Premises clean, tidy and clear of all rubbish; and
(b) keep all planted or grassed areas properly maintained including the regular
pruning and (if required) cutting of trees on the Premises except that the
Tenant shall not cut down any such tree without the prior written approval of
the Landlord and the relevant authorities.
4.10.2 The Tenant shall, at all times, at his own cost and expense, keep the Premises free
from termite infestation, vermin and other pests, and for this purpose, the Tenant shall
engage a competent pest control contractor to carry out regular fumigation and
chemical spraying, soil treatment and such other services as may be required.
4.10.3 The Tenant shall at his own cost and expense, keep in a good state of repair and
condition, and properly maintained, all of the following:
(a) the interior of all buildings and structures forming part of the Premises including
the doors, window frames and glass in windows, skylights and the Landlord’s
fixtures and fittings installed therein;
(b) the exterior of all buildings and structures forming part of the Premises only to
the extent that the Tenant is to make good all non-structural cracks (including
plaster cracks) to the exterior walls and to keep them free of mould;
(c) the pipes, sewers, drains, mains, ducts, conduits, gutters, wires, cables,
channels, lightning conductors, and all other conducting media that are in, on,
over, under or through the Premises that serve the buildings and structures
thereon ;
(d) the gates and the boundary walls or fences forming part of the Premises;
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(e) the driveways, roads, footpaths and any other hard surfaced areas within the
Premises, and
take all precautions and measures to ensure that any damage, defect or dilapidation
which has been or at any time shall be occasioned by fair wear and tear shall not give
rise to or cause or contribute to any substantial damage to the Premises. For the
avoidance of doubt, the Tenant’s obligation to keep in good repair and condition shall
include putting in good repair and condition at the start of the Term if there is an existing
lack of repair or condition.
4.10.4 The Tenant shall, at his own cost and expense, immediately make good to the
satisfaction of the Landlord, any damage caused to the Premises (including any
building and structure and any Landlord’s fixtures and fittings installed therein) by the
Tenant, his employees, agents, independent contractors or any permitted occupier.
4.11 Approval for Works
4.11.1 The Tenant shall not, at any time without the prior written approval of the Landlord and
the relevant authorities, carry out any works (hereinafter referred to collectively as the
"Works") on or to or affecting the Premises including the following:
(a) construct, erect or place:
(i) any new building or
(ii) any new structure or erection of whatever kind or nature ( whether
permanent or temporary) including any containers;
(b) make any structural changes;
(c) undertake any partitioning, addition or alteration works;
(d) carry out any renovation works; and
(e) carry out any Earthworks.
4.11.2 The Tenant shall, at his own cost and expense, engage competent professionals to
prepare and submit, the requisite plans, drawings and specifications for the Works, to
the Landlord and the relevant authorities for their written approval. All such Works as
approved by the Landlord and the relevant authorities shall be referred to in this
Agreement as the “Approved Works”.
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4.11.3 The Tenant shall, at his own cost and expense, carry out and complete the Approved
Works:
(a) in conformity in every respect with the plans, drawings and specifications as
approved by the Landlord and the relevant authorities and in accordance with
all their terms and conditions; and
(b) with good and suitable materials, and in a good and workmanlike manner in
accordance with good building practice.
4.11.4 For the avoidance of doubt, no compensation shall be given to the Tenant upon earlier
termination or expiry of the tenancy granted under this Agreement notwithstanding any
improvements made to the Premises by the Tenant during the tenancy.
4.12 Rights of entry
4.12.1 The Tenant shall allow the Landlord and its agents, with any necessary contractors
and workmen, to enter any part of the Premises, without restriction, at all reasonable
times between 9am and 6pm on a working day on prior notice (or in the event of an
emergency, on any day whether or not a working day and at any time without notice)
for any purpose whatsoever including the following:
(a) to ascertain if the provisions of this Agreement have been observed and
performed;
(b) to inspect the state of repair and condition of the Premises;
(c) to monitor the progress of, and to inspect the Approved Works made on or to
the Premises;
(d) to carry out any work to adjoining property owned by the Landlord (including
without limitation the property at Lot 5747K (PT) Mk 28) that cannot reasonably
be carried out without access to the Premises, and any jointly used facility;
(e) to carry out any work which the Landlord considers necessary or desirable to
any part of the Premises;
(f) to take inventories and soil samples;
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(g) to carry out land survey, structural survey, GFA survey and any other survey
in respect of the Premises; and
(h) to exercise any right granted or reserved to the Landlord by this Agreement.
4.13 Compliance with the Landlord’s notices
4.13.1 Where the Tenant has breached any of his obligations under this Agreement, the Landlord
shall be entitled to give to the Tenant a written notice specifying the action or works
required of the Tenant to remedy the breach.
4.13.2 Upon receipt of such a notice from the Landlord, the Tenant shall carry out the action
or works specified therein immediately, and complete the same to the Landlord’s
satisfaction within the time period stipulated by the Landlord. If the Tenant refuses to
carry out the action or works, or fails to complete them within the stipulated time period
or fails to complete them to the Landlord’s satisfaction, the Tenant shall allow the
Landlord, its agents, contractors and workmen with all necessary appliances and tools
to enter the Premises to execute the action or works, or whatever is outstanding.
4.13.3 The Tenant shall pay to the Landlord on demand, all costs and expenses incurred by
the Landlord for carrying out and / or completing the aforesaid action or works. A
statement from the Landlord setting out all such costs and expenses incurred by it shall
be final and binding on the Tenant.
4.14 At the expiry or earlier termination of the Term
4.14.1 At the expiration or earlier termination of the tenancy granted under this Agreement,
subject to Clause 4.14.2 and unless otherwise required by the Landlord in writing, the
Tenant shall, at his own cost and expense, deliver to the Landlord vacant possession of
the Premises, clean, tidy, and in a tenantable condition, together with all of the following:
(a) all locks, keys and fastenings complete;
(b) all Approved Works carried out by the Tenant to the Premises; and
(c) all Landlord’s fixtures and fittings (if any) installed at the Premises.
If the Tenant continues to occupy the Premises or fails to deliver vacant possession of
the Premises after the expiration or earlier termination of the tenancy granted under
this Agreement, the Tenant shall be liable for double the amount of Rent until he
delivers to the Landlord vacant possession of the Premises.
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4.14.2 Immediately prior to the expiration or earlier termination of the tenancy granted under
this Agreement, the Tenant shall, at his own cost and expense, upon receipt of the
Landlord’s written notice, demolish and remove in accordance with the Landlord’s
written notice, all such items of Approved Works, fixtures and fittings and any other
works as may be specified by the Landlord therein, and the Tenant shall make good
all damage caused by such demolition and removal. All such aforesaid works shall be
carried out and completed by the Tenant by the expiration or earlier termination of the
tenancy granted under this Agreement, and to the satisfaction of the Landlord.
4.14.3 If the Tenant fails to comply with Clause 4.14.2, the Landlord may proceed to carry out
the necessary works (hereinafter referred to in this Clause 4.14.3 as the
“Reinstatement Works”) and recover from the Tenant, on demand, the cost and
expenses of the Reinstatement Works. For the purposes of this Clause 4.14.3, a
statement from the Landlord of the costs and expenses incurred for the Reinstatement
Works shall be final and binding on the Tenant.
4.14.4 The provisions of this Clause 4.14 shall survive the expiry or earlier termination of the
tenancy granted under this Agreement (howsoever caused).
4.15 Rights of entry for proposed sale or re-letting
4.15.1 During the nine (9) months before the expiration or earlier termination of the tenancy
granted under this Agreement, the Tenant shall:
(a) permit the Landlord and its agents to put up and retain in a reasonable position on
the Premises, notices for the proposed sale or re-letting of the Premises, and
(b) permit the Landlord, its agents and interested parties with a view to such sale or
re-letting, to enter and inspect any part of the Premises, without restriction, at all
reasonable times between 9 am and 6 pm on a working day, upon prior notice.
4.16 Indemnities by the Tenant
4.16.1 The Tenant shall indemnify and keep the Landlord and its agent, the Singapore Land
Authority, indemnified against all actions, demands, proceedings, claims, liabilities,
damages, losses, costs, charges and expenses of any nature whatsoever, made
against or suffered or incurred by the Landlord or the Singapore Land Authority or both
(including those relating to death or injury to persons or loss or damage to property)
arising directly or indirectly out of or in connection with:
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(a) any act, default, omission or negligence of the Tenant or by any of his
employees, agents, independent contractors or permitted occupiers at the
Premises;
(b) any breach, non-performance or non-observance by the Tenant of the
covenants or other terms of this Agreement;
(c) any Works made on, to or affecting the Premises; and
(d) any occurrences in, upon or at the Premises or the use or occupation of the
Premises by the Tenant or by any of his employees, agents, independent
contractors or permitted occupiers.
4.17 No assignment or transfer of rights or obligations
4.17.1 The Tenant shall not assign or transfer any of the Tenant’s rights, benefits and / or
obligations (whether in whole or in part) arising under this Agreement including the
Tenant’s right to the refund of any cash that has been furnished as security for the due
observance and performance by the Tenant of any of the terms and conditions of this
Agreement.
4.18 No assignment or subletting of the Premises
4.18.1 The Tenant shall not assign, transfer, mortgage, charge, sublet, license or part with or
share possession of, or otherwise dispose of, the whole or any part of the Premises,
except with the prior written approval of the Landlord.
4.18.2 Intentionally Left Blank
4.18.3 Where there is a change only of the Tenant’s name, the Tenant shall notify the Landlord
of the change within fourteen (14) days after the date of such change.
[Note: Clause 4.18.4 is to be amended to suit the requirements of the particular agreement]
4.18.4 Where the Tenant is a company (except for a public listed company), any change in
the management control or majority shareholders of the Tenant made without the prior
written consent of the Landlord will be treated as an assignment in breach of Clause
4.18 [(including without limitation if there is any change in the majority shareholding of
[to identify the successful tenderer eg. XXXX (NRIC No. )] in the Tenant at any time
during the Term such that he no longer holds a controlling interest of more than fifty
percent (50%) of the shares in the Tenant)].
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4.19 No illegal foreign workers or foreigners on the Premises
4.19.1 The Tenant shall not permit any foreign workers or foreigners to stay in the Premises
without ensuring that the said foreign workers or foreigners have obtained the requisite
permits from the relevant authorities to stay in Singapore.
5. Landlord’s Covenants
The Landlord hereby covenants with the Tenant as follows:
5.1 Tenant’s quiet enjoyment
Upon the Tenant paying the Rent and all other monies payable under this Agreement, and
observing and performing the Tenant’s covenants and obligations under this Agreement, the
Tenant shall peaceably hold and enjoy the possession of the Premises during the Term without
disturbance by the Landlord or any person rightfully claiming under or in trust for the Landlord.
PROVIDED ALWAYS and it is hereby agreed as follows:
6. Other Terms
6.1 Approved Works Belong to Landlord
6.1.1 All Approved Works and all changes and improvements resulting from such Approved
Works carried out on or to the Premises by the Tenant shall belong to the Landlord and
remain the property of the Landlord and shall not be removed or demolished by the
Tenant upon the expiry or earlier termination of the tenancy granted under this
Agreement unless otherwise required by the Landlord in writing, and the Landlord shall
not be required to compensate the Tenant in any manner whatsoever for any of these
Approved Works, changes or improvements.
6.2 Re-Entry and Termination
6.2.1 If and whenever during the Term:
(a) the Rent or any part thereof or any other monies payable under this Agreement shall
remain unpaid for fourteen (14) days after becoming due (whether formally
demanded or not); or
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(b) the Tenant breaches any covenant or other term in this Agreement (other than a
breach referred to in Clause 6.2.1 (a) which cannot be remedied, or (where the breach
is capable of remedy) the Tenant fails to remedy the breach within the time period
stipulated in the written notice given by the Landlord to the Tenant to remedy the
breach; or
(c) the Tenant, being an individual, becomes bankrupt; or
(d) the Tenant, being a company, enters into liquidation whether voluntary or compulsory
(save for the purpose of amalgamation or reconstruction), or has a receiver appointed;
or proceedings are taken for its winding up; or
(e) the Tenant enters into an arrangement for the benefit of his creditors; or
(f) the Tenant has any distress or execution levied on his goods; or
then and in any of the above events, the Landlord may at any time thereafter, re-enter the Premises
or any part thereof in the name of the whole, and thereupon the tenancy hereby granted shall
absolutely determine but without prejudice to any rights or remedies that may have accrued to the
Landlord in respect of any antecedent breach of any covenant or other term of this Agreement by
the Tenant including the breach in respect of which the re-entry is made.
6.3 Landlord’s right over Tenant’s property left on the Premises
6.3.1 If any property of the Tenant should remain in or upon the Premises after the Tenant
has vacated the Premises at the expiry or earlier termination of the tenancy granted
under this Agreement, and the Tenant shall fail to remove the same within fourteen (14)
days after being requested by the Landlord in writing to do so, then the property shall
be deemed abandoned by the Tenant, and may be forfeited to the Landlord. The
Landlord or its agent, the Singapore Land Authority may sell or otherwise dispose of
such property in any manner as it deems fit without being liable for any loss or damage
occasioned thereby to the Tenant.
6.3.2 The Tenant shall fully indemnify the Landlord and the Singapore Land Authority against
any liability incurred by the Landlord or the Singapore Land Authority to any third party
whose property shall have been sold or otherwise disposed of by the Landlord in the
mistaken belief held in good faith (which shall be presumed unless the contrary is
proved) that such property belonged to the Tenant and was liable to be dealt with as
such pursuant to Clause 6.3.1.
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6.4 Landlord not liable
6.4.1 The Landlord and its agent, the Singapore Land Authority, are not liable to the Tenant
and the Tenant shall not claim against the Landlord or the Singapore Land Authority
for any cost, expenses, losses or damages suffered or incurred by the Tenant directly
or indirectly caused by, resulting from or in connection with:
(a) any accident happening on the Premises; or
(b) any death or injury sustained on the Premises; or
(c) any damage or loss to any chattel sustained on the Premises; or
(d) any act, default, omission or neglect of the Landlord or the Singapore Land
Authority or any employee, agent or independent contractor of the Landlord or
the Singapore Land Authority; or
(e) any damage, disturbance, annoyance, nuisance and/or inconvenience
howsoever caused (including without limitation, by noise, dust, vibration,
emission of smoke or fumes, or disruption of traffic) that may be suffered by
the Tenant and/or any sub-tenant or occupier of the Premises, whether in
connection with the exercise of the rights set out in paragraph 5.1(c) of
Schedule 3 of this Agreement or otherwise.
6.5 Fitness for Occupation
6.5.1 In case the Premises or any part thereof shall at any time during the continuance of this
Agreement be destroyed or damaged by fire, lightning, riot, explosion or any other
inevitable cause beyond the Tenant’s control so as to be unfit for occupation and use,
then and in every such case the Rent hereby reserved or a just and fair proportion thereof
as the Landlord may determine according to the nature and extent of the damage
sustained shall be suspended and shall cease to be payable in respect of any period while
the Premises continue to be unfit for occupation and use by reason of such damage.
6.5.2 In case the Premises be destroyed or damaged as stated in Clause 6.5.1, the Landlord,
if it so thinks fit, shall be at liberty by giving notice in writing to determine the tenancy
hereby granted and upon such notice being given the tenancy hereby granted shall
absolutely cease and determine but without prejudice to any accrued right of action of
the Landlord in respect of any antecedent breach of this Agreement by the Tenant.
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6.5.3 For the removal of doubt, the Tenant will not be entitled to any reduction or suspension
of the Rent under this Clause 6.5 if:
(a) the damage or destruction is caused by; or
(b) the insurance policies in relation to the Premises are affected by; or
(c) the payment of the policy monies under the insurance policies referred to in
subsection (b) above are refused (entirely or partly) as a result of,
any act, omission, default or negligence of the Tenant or his employees, agents,
independent contractors or any permitted occupier.
6.6 Disclosure of Information
6.6.1 The Landlord and its agent, the Singapore Land Authority, shall be entitled, at any time,
and from time to time, and without reference to the Tenant, to disclose (whether in
writing or otherwise) to any third party (including without limitation any subtenants or
occupiers at the Premises) all such information as the Landlord or the Singapore Land
Authority deems fit, relating to the tenancy granted under this Agreement including the
terms and conditions of this Agreement, the Tenant’s breach or purported breach of
any of the provisions of this Agreement and the actions or proposed actions to be taken
by the Landlord against the Tenant.
6.7 Administrative fees, stamp duty and legal costs and expenses
6.7.1 The Tenant shall bear and pay immediately to the Landlord on demand, all of the following:
(a) the administrative fees for, and the Landlord’s legal cost and expenses and all
other costs and expenses incurred in, the preparation and completion of this
Agreement and any other related documents; and
(b) the fees and expenses for stamping this Agreement (in duplicate) and any other
related documents.
6.7.2 The Tenant shall pay immediately to the Landlord on demand all legal costs and
expenses (on a full indemnity basis) incurred by the Landlord in connection with the
enforcement of any of the provisions of this Agreement.
6.8 Landlord’s right to apportion and appropriate Tenant’s payments
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6.8.1 The Landlord shall be entitled to apportion and appropriate any payment made by the
Tenant towards satisfaction of any arrears or monies due by the Tenant to the Landlord
on the date of payment as the Landlord deems fit, notwithstanding any instructions by
the Tenant to the contrary.
6.9 Landlord’s right of set-off
6.9.1 Whenever under this Agreement any sum of money (including liquidated damages and
any other damages) shall be recoverable from or payable by the Tenant, the same may
be deducted from any sum then due or which at any time thereafter may become due
to the Tenant under this Agreement or any other agreement with the Landlord.
6.10 Payment
6.10.1 There shall be no refund or reduction of, or postponement in the payment of, the Rent
and any other monies reserved under this Agreement, notwithstanding any refusal or
delays on the part of the relevant authorities in granting any permissions, approvals
and / or licences applied for by the Tenant in respect of the Premises or any
subsequent revocation thereof.
6.11 Additional Conditions of Tenancy
6.11.1 The Parties hereby agree to observe, perform and comply with all the additional
conditions of tenancy set out in the attached Schedules and Appendices which shall
form an integral part of this Agreement.
7. General Terms
7.1 Notices
7.1.1 Any notice, correspondence or other document served under or otherwise in
connection with this Agreement shall be sufficiently served on:
(a) the Tenant, if delivered by hand or sent by registered post to the Tenant at the
Premises or at the Tenant’s registered office; and
(b) the Landlord, if delivered by hand or sent by registered post to the Collector
of Land Revenue at the address set out below (or such other address as may
from time to time be notified to the Tenant):
c/o The Singapore Land Authority
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55 Newton Road, #12-01, Revenue House, Singapore 307987
7.1.2 Any notice sent by registered post shall be deemed to be received two (2) days after
the date of posting, and in proving it, it shall be adequate to show that the envelope
containing the notice was addressed, stamped and posted.
7.2 Waiver
7.2.1 In no event shall any delay, failure or omission on the part of either of the Parties in
enforcing or exercising any right, power, privilege, claim or remedy which is conferred
by this Agreement, at law or in equity, or arises from any breach of this Agreement by
the other Party, be deemed to be or be construed as (i) a waiver thereof or of any other
such right, power, privilege, claim or remedy, in respect of the particular circumstances
in question, or (ii) operate so as to bar the enforcement or exercise thereof, or of any
other such right, power, privilege, claim or remedy, in any other instance at any time or
times thereafter;
7.2.2 Any waiver (whether effected by a positive waiver or by a delay or failure in
enforcement) by any Party hereto of its right, in any instance, to require compliance
with any of the provision of this Agreement by the other Party shall not prevent that
Party (subject to reasonable notice where a positive waiver has been granted)
subsequently requiring such compliance in respect of that instance by the other Party.
7.3 Consent / Approval required of the Landlord
7.3.1 In the event that any consent or approval is required of the Landlord under any provision
of this Agreement, such consent or approval may be given or withheld by the Landlord at
its absolute discretion. If given, the consent or approval shall be in writing and on such
terms and conditions as the Landlord shall at its absolute discretion deem fit to impose
(including the payment of additional rent, fees and charges and the provision of additional
security deposits).
7.4 Exclusion of Warranty as to Use
7.4.1 Nothing in this Agreement or in any consent granted by the Landlord or its agent, the
Singapore Land Authority under this Agreement is to imply or warrant that the Premises
may lawfully be used under the Planning Act (Cap. 232) for the Approved Use or for
any use or purpose subsequently authorised by the Landlord.
7.5 Unenforceability and Severability
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7.5.1 In the event that any or any part of the terms, conditions, covenants or provisions
contained in this Agreement is held to be invalid, unlawful or unenforceable for any
reason, such term, condition, covenant or provision shall to that extent be severed from
this Agreement, and the remaining terms, conditions, covenants and provisions shall
continue to be valid and enforceable to the fullest extent permitted by law.
7.6 Landlord may transfer its Rights and Obligations
7.6.1 The Landlord is entitled to transfer (whether by an assignment or novation) its rights and
obligations under this Agreement.
7.6.2 Upon such transfer, the Tenant shall be deemed to have consented to any such transfer,
and shall accept the transferee as his new landlord and release the Landlord from all its
obligations under this Agreement, particularly the Landlord’s obligation to refund the
Security Deposit and any other sums under this Agreement. If required by the Landlord,
the Tenant shall become a party to, and execute any agreement with the Landlord and
its transferee relating to the transfer, and the agreement will be prepared by, and at the
cost and expense of, the Landlord.
7.7 Intentionally Left Blank
7.8 Intentionally Left Blank
7.9 Variation
7.9.1 Any amendment to this Agreement shall not be valid unless mutually agreed to in
writing by the Parties.
7.10 Applicable Law and Jurisdiction
7.10.1 This Agreement is subject to, governed by and interpreted in accordance with the laws
of the Republic of Singapore for every purpose.
7.10.2 The Parties hereby agree to submit to the exclusive jurisdiction of the courts of the
Republic of Singapore.
7.11 Contracts (Rights of Third Parties) Act
7.11.1 This Agreement does not create any right under the Contracts (Rights of Third Parties)
Act (Cap. 53B), which is enforceable by any person who is not a party to it except and
to the extent which Clause 7.11.2 expressly provides for the aforesaid Act to apply to
the terms of Clause 4.16, Clause 6.3, Clause 6.4, and Clause 6.6.
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7.11.2 The Singapore Land Authority may enjoy the benefit of or enforce the terms of Clause
4.16, Clause 6.3, Clause 6.4, and Clause 6.6 in accordance with the provisions of the
Contracts (Rights of Third Parties) Act (Cap. 53B).
7.12 Cumulative Remedies
7.12.1 The rights and remedies of the Parties under this Agreement are cumulative and are
in addition and without prejudice to any rights or remedies a Party may have at law or
in equity. Further, no exercise by a Party of any one right or remedy under this
Agreement shall operate so as to hinder or prevent the exercise by it of any other right
or remedy under this Agreement or any other right existing at law or in equity.
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IN WITNESS WHEREOF the Parties have entered into this Agreement on the date and year first above written.
SIGNED by:
Name of Authorised Signatory/ Signatories : Company Stamp
Designation and NRIC:
For and on behalf of [TO INSERT NAME OF THE TENANT
COMPANY]
In the presence of:
Name:
NRIC:
SIGNED by:
Collector of Land Revenue
For and on behalf of the Government of the Republic of Singapore
In the presence of:
Name:
NRIC:
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SCHEDULE 1
1. Premises
1.1 The “Premises” means all that land comprised in State land lot 5747K (PT) of MK 28 at No. 2
Tampines Street 92 Singapore 528889 in the Republic of Singapore with an approximate land
area of 291,996.9 sqft (i.e. 27,127.4 sqm), shown edged in red on the attached plan marked
Attachment 2 (the “Plan”) together with the Buildings (as defined in paragraph 1.2 below) now
erected thereon.
1.2 In this Agreement, the “Buildings” mean all the buildings now erected on the Premises and
forming part of it as shown on the GFA survey plans marked Attachments 3-1 to 3-2 with a
total GFA of 154,208.30 sqft (i.e. 14,326.42 sqm).
2. Approved Use of Premises
2.1 The “Approved Use” of the Premises means the use of the Premises by the Tenant as
Commercial School1, Medical Clinic only.
3. Term
3.1 The “Term” is the period of three (3) years commencing on [Start Date] and ending on [End
Date].
4. Rent
4.1 The “Rent” is a sum of Singapore dollars _______ (S$_____) per month. This sum is exclusive
of any Goods and Services Tax chargeable thereon.
4.2 Subject to Clause 4.1.2, the Rent shall be payable in advance, on a monthly basis, on the 1st
day of each month during the Term.
1 Excludes Foreign System School and Chidcare Centre/Kindergarten.
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5. Payments
5.1 Any payment of Rent for less than a month is to be apportioned on a daily basis.
6. Rent – Free Period
6.1 The Rent-Free Period referred to in Clause 4.1.2 shall commence on [Start Date] and end
on [End Date].
6.2 No extension of the Rent-Free Period shall be granted or permitted under any circumstances
whatsoever.
7. Security Deposit
7.1 The Sum to be furnished as Security Deposit under Clause 4.6.1 shall be a sum of
Singapore dollars [ ] (S$ ).
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SCHEDULE 2
1. Fire Insurance 1.1 The Tenant shall insure and keep insured, at all times during the Term, the Premises (which
shall include any Approved Works carried out by the Tenant to the Premises during the Term,
and the changes and improvements made to the Premises resulting therefrom) against loss or
damage by fire, lightning, riot, explosion or any inevitable cause, for a sum of Singapore Dollars
Twenty-Three Million and One Hundred and Eleven Thousand And Eight Hundred
(S$23,111,800/-) (or such higher amount as may be stipulated by the Landlord). The policy
shall be taken out in the joint names of the Tenant, the “Government of the Republic of
Singapore” and the “Commissioner of Lands”, with a registered insurer as defined under
the Insurance Act (Cap. 142) carrying on the business of general insurance in Singapore, and
the Tenant shall pay all premiums and sums of money necessary for the policy.
1.2 On or before the signing of this Agreement,or within such later period as may be agreed in
writing by the Landlord, the Tenant shall provide the Landlord and its agents with a copy of the
policy, for their retention.
1.3 Whenever required by the Landlord, the Tenant shall produce to the Landlord and its agents,
the policy and the receipts for every payment made by him under the policy.
1.4 In the event of any loss or damage referred to in paragraph 1.1 above, the Tenant shall as
soon as possible and without delay notify the Landlord and the insurer of the same and submit
claims to the insurer for the loss or damage, in accordance with the terms of the policy.
1.5 Unless otherwise directed in writing by the Landlord, the Tenant shall cause all monies received
from such policy to be immediately and first laid out in rebuilding and re-instating the Premises
(in priority to repairing, replacing and/or making good any loss or damage to any fixtures or
items belonging to the Tenant), and the Tenant shall make up any deficiency out of his own
money.
Non-Residential Use
SLA TA Version 2.2 | 29
SCHEDULE 3
1. Additional Rent and Approval for intensification of land use
1.1 The Tenant shall obtain the Landlord’s prior written approval for any intensification of land use of
the Premises. For the purposes of this Agreement, “intensification of land use” means any use
of the Premises which, in the opinion of the Collector of Land Revenue, would entitle the Landlord
to increase the Rent, including but not limited to the following:
(a) Any development or use of the Premises which increases its total GFA beyond that specified
in paragraph 1.2 of Schedule 1 of this Agreement (e.g. placement of containers); and
(b) Change of the Approved Use.
1.2 The Tenant shall pay additional rent chargeable by the Landlord for any approved intensification
of land use of the Premises, such additional rent to be determined by and payable with effect from
the date specified by the Landlord at its absolute discretion, and with effect from such date, the
Rent payable under this Agreement shall be increased by an amount equivalent to such additional
rent and all references to the “Rent” in this Agreement shall refer to the increased Rent.
1.3 For the avoidance of any doubt, if any of the Approved Works results in any intensification of
land use of the Premises, the Landlord shall be entitled at any time to require the Tenant to pay
additional rent in accordance with the provisions of this paragraph 1.
2. Adjustment of Rent
2.1 Any error or mis-statement as to the description of the land area and the gross floor area of the
Premises in Schedule 1 of this Agreement shall not invalidate this Agreement or entitle the
Tenant to be discharged from it. The Parties shall have the right to an adjustment of the Rent
payable under this Agreement in the manner as provided in this paragraph 2.
2.2 If upon a survey of the Premises agreed between the Parties to be undertaken and completed
no later than 4 weeks from the commencement of the Term, or such extended period as may
be allowed by the Landlord it is discovered that there is a difference between the gross floor
area of any Building as ascertained by such survey (hereinafter referred to as its “surveyed
gross floor area”) and the gross floor area of that particular Building as stated in Schedule 1
of this Agreement (hereinafter referred to as its “estimated gross floor area”), and the result
of such survey is accepted bv the Landlord, the following shall apply:
(a) If the surveyed gross floor area of any Building is within 5% variance of its estimated gross
floor area, neither Party shall have the right to any adjustment of the Rent; and
Non-Residential Use
SLA TA Version 2.2 | 30
(b) If the surveyed gross floor area of any Building is either more than or less than its estimated
gross floor area by more than 5% of its estimated gross floor area, then there shall be a
corresponding adjustment in the Rent which adjustment shall be determined by the
Collector of Land Revenue and he shall, when doing so, take into account the merits and
all the circumstances of the case, including without limitation, the actual increase or
shortfall in the surveyed gross floor area of that Building as compared with its estimated
gross floor area.
3. Surrender of Part(s) of Premises
3.1 The Tenant shall surrender to the relevant authorities without compensation any part(s) of the
Premises as may be required by them from time to time for roads and/ or drainage or any other
redevelopment as may be declared or notified to the Tenant in a written notice by the relevant
authorities and the Tenant shall accept as conclusive evidence that such part(s) of the
Premises are required for the purpose declared or notified in the said notice. For the purposes
of this paragraph 3.1, the phrase “any other redevelopment” means works that are for public
benefit, public use or for public purpose.
3.2 Upon receipt of the aforesaid written notice, the Tenant shall have the option of:
(a) terminating the tenancy by giving to the Landlord two (2) month’s notice in
writing provided that:
(i) more than 50% of the the surveyed gross floor area of the Premises
referred to in paragraph 2 of this Schedule 3 as accepted by the
Landlord has to be surrendered by the Tenant to the relevant
authorities; or
(ii) as a result of the surrender, the Tenant is no longer able to use the
Premises for the Approved Use; or
(b) continuing with the tenancy whereupon the Landlord shall adjust the Rent
payable by the Tenant under Clause 2.1 of this Agreement for the remaining
tenancy, if the Landlord determines that the circumstances merit an
adjustment, taking into account the assessment by the Collector of Land
Revenue and any other relevant factors.
4. Amendment of Boundaries
4.1 Notwithstanding anything set out in this Agreement, the Landlord reserves the right to re-define
in any way it deems fit any boundary of the Premises as may be indicated on the Plan marked
Attachment 2 at any time without prior notice Provided Always that where the right under this
paragraph 4 is exercised by the Landlord and the boundary of the Premises is re-defined by the
Non-Residential Use
SLA TA Version 2.2 | 31
Landlord, the Landlord may adjust the Rent payable by the Tenant under Clause 2.1 of this
Agreement if the Landlord determines that the circumstances merit an adjustment, taking into
account the assessment of the Collector of Land Revenue and any other relevant factors.
5. Additional Conditions relating to the Approved Use , Safety and Proper Use of the
Premises
5.1 The Tenant shall also observe, perform and comply with all the conditions set out in this
paragraph and any additional rules which the Landlord may stipulate during the Term relating
to the safety and proper use of the Premises under this Agreement:
(a) Working Area
(i) The Tenant shall confine all his activities within the boundaries of the Premises as
shown edged in red on the Plan marked Attachment 2. The Tenant shall take
reasonable care towards all persons who may be on or using the Premises and he
must not cause obstruction to any other person who may be working in the vicinity of
the Premises at the same time.
(ii) When carrying out any Works on or to or affecting any part of the Premises, the
Tenant shall put up hoardings to ensure the safety and well-being of pedestrians.
These hoardings shall be maintained in good condition throughout the site
preparation stage and at all times during the execution of the Works.
(b) Marketing and Promotion
(i) The Tenant is allowed to market or promote the Premises in any form of marketing
or promotion campaign (whether through newspapers, advertisements, radio,
television commercials, internet, banners, brochures and/or any other medium)
provided that the Tenant states in writing and makes clear to the public the term of
his tenancy of the Premises and the Approved Use(s) of the Premises.
(ii) If such marketing or promotion campaign involves the installation or erection of any
signboards or advertisements on any part of the Premises, the Tenant shall not
proceed with it unless he has obtained the Landlord’s prior written approval and all
other necessary approvals and licences from the relevant authorities.
Non-Residential Use
SLA TA Version 2.2 | 32
(c) Infrastructure Services
(i) The Tenant shall permit the the occupier (hereinafter referred to as the “occupier
of the adjoining land”) of the adjoining land at Lot 5747K (PT) Mk 28 (the “adjoining
land”) (which for the purposes of identification only is edged red on the plan
marked Attachment 2), its employees, agents, independent contractors,
consultants, surveyors, workmen and any person authorised by it, to enter upon
the Premises without any charge, payment, hindrance or restriction, by giving the
Tenant reasonable notice of such intended entry, to access:
(aa) the fire alarm panel (which for the purposes of identification only is shaded
orange on the plan marked Attachment 4A and shall hereinafter be
referred to as the “said fire alarm panel”); and
(cc) the sewerage and sanitary drainage system (which for the purposes of
identification only is shaded green on the plan marked Attachment 4A and
shall hereinafter be referred to as the “said sewerage and sanitary
drainage system”),
both of which are within the Premises, for the purposes of inspection of, and the
carrying out of any connection, diversion, installation, maintenance, repair,
improvement and any other works or activities relating or incidental to the said fire
alarm panel and the said sewerage and sanitary drainage system or the use
thereof, whether with or without vehicles, and with or without equipment necessary
or expedient to carry out any of the said works or activities. For the avoidance of
doubt, this paragraph does not impose any obligation on the Landlord to carry out
any works or activities in relation to the said fire alarm panel and the said sewerage
and sanitary drainage system.
(ii) The Tenant shall, at his own cost and expense, liaise directly with and make all
necessary arrangements with the occupier of the adjoining land for entry upon the
adjoining land to access:
(aa) the water service main (which for the purposes of identification only is
shaded blue on the plan marked Attachment 4A, and shall hereinafter be
referred to as the “said water service main”);
(bb) the master electrical substation (which for the purposes of identification
only is shaded pink on the plan marked Attachment 4A and shall
hereinafter be referred to as the “said master electrical substation”),
and/or
Non-Residential Use
SLA TA Version 2.2 | 33
(bb) the neighbouring sewerage and sanitary drainage system (which for the
purposes of identification only is shaded yellow on the plan marked
Attachment 4A and shall hereinafter be referred to as the “said
neighbouring sewerage and sanitary drainage system”),
all of which are within the adjoining land, if such access is required for the
purposes of inspection of, or the carrying out of any connection, diversion,
installation, maintenance, repair, improvement or any other works or activities
relating or incidental to the said water service main, the said electrical switch room
and the said neighbouring sewerage and sanitary drainage system or the use
thereof.
Non-Residential Use
SLA TA Version 2.2 | 34
SCHEDULE 4
1. Additional Conditions relating to the Proposal
1.1 The Tenant hereby confirms and agrees that:
(a) the Proposal submitted as part of his tender dated < date >2 in the Invitation to Tender
(Tender No. SLA000/RT17-25/3-2/1696/1/1) and accepted by the Government of the
Republic of Singapore in the letter of acceptance dated < date >, shall be attached to this
Agreement as Attachment X, and form an integral part of this Agreement; and
(b) the Tenant shall, at his own cost and expense, observe, perform, comply with and
implement all the plans and proposals set out in the attached Proposal.
2 Landlord’s additional rights of early termination
2.1 Notwithstanding anything contained in this Agreement, the Landlord may at any time, forthwith by
notice in writing, terminate the tenancy granted under this Agreement, if the Tenant has breached
any of the additional conditions set out in paragraph 1 of this Schedule 4.
2.2 The termination of this Agreement under this provision shall be without prejudice to any rights or
remedies that may have accrued to the Landlord in respect of any antecedent breach of any other
covenant or term of this Agreement by the Tenant.
2 Paragraph 1.1 will have to be amended accordingly if the successful tenderer is not the Tenant, but a New Company (defined in Condition 11 of the Conditions of Tender) formed or used by the successful tenderer to execute this Tenancy Agreement.
_______________________________________________________________________________________
Appendix A-2
FORM OF GUARANTEE/ PERFORMANCE BOND*
The Guarantee/ Performance Bond* for the Security Deposit shall be in the following prescribed
form (no variation is allowed):
Tender No.: SLA000/RT17-25/3-2/1696/1/1
To: The Commissioner of Lands and his successors in office for and on behalf of the Government
of the Republic of Singapore (hereinafter called the “Government”)
WHEREAS on the __________ day of __________________ it was agreed between
_______________________________________________________________(name of Tenant) of
_____________________________________________ (address) (hereinafter called the “Tenant”) of
the one part and the Government of the other part whereby the Tenant agreed to enter into a tenancy
agreement (hereinafter called the “Tenancy Agreement”) with the Government in respect of State Land
lot 05747K (PT) MK 28 along Tampines Street 92 .
AND WHEREAS the Tenant is required under the Tenancy Agreement to pay a cash sum of
Singapore Dollars _________________________________ (S$___________) as security for the due
performance and observance of all stipulations, terms, conditions and obligations on its part to be
performed and observed under the Tenancy Agreement.
NOW in consideration of the Government not insisting on the Tenant paying the cash sum of
Singapore Dollars _________________ (S$__________) as a security deposit for the Tenancy
Agreement, WE (AT THE REQUEST OF THE TENANT) HEREBY AGREE as follows:
1. In the event of the Tenant failing to fulfill any of the terms and conditions of the Tenancy
Agreement, we shall indemnify the Government against all losses, damages, costs, expenses, dues or
otherwise including without limitation legal costs and expenses, sustained by the Government thereby
up to the sum of Singapore Dollars ___________________________________ (S$__________) (the
“Guaranteed Sum”) upon receiving the Government’s written notice of claim for payment made
pursuant to Clause 4 hereof.
2. We shall not be discharged or released from this Guarantee/Performance Bond* by any
arrangement between the Government and the Tenant with or without our consent or by any alteration
in the obligations undertaken by the Tenant or by any forbearance or concession whether as to payment,
time, performance or otherwise or by the death, bankruptcy or winding up of the Tenant.
3. Our liability under this Guarantee/Performance Bond* shall continue and this
Guarantee/Performance Bond* shall remain in full force and effect from [insert effective date] until
[insert initial expiry date] (both dates inclusive).
_______________________________________________________________________________________
4. This Guarantee/Performance Bond* is conditional upon a claim as specified herein being made
by the Government by way of a notice in writing addressed to us and the same being received by us at
[insert address of Bank’s/Insurance Company’s notification office] within 90 days from the date of
expiry of this Guarantee/Performance Bond*. Thereafter, this Guarantee/Performance Bond* shall
become null and void notwithstanding that this Guarantee/Performance Bond* is not returned to us for
cancellation except for any claims(s) submitted to us in writing not later than 90 days from the date of
expiry of this Guarantee/Performance Bond*.
5. We shall be obliged to effect the payment required under such a claim within 30 days of our
receipt thereof. We shall be under no duty to inquire into the reasons, circumstances or authenticity of
the grounds for such claim and shall be entitled to rely upon and shall accept any written notice thereof
received by us (within the period specified in Clause 4 hereof) as final and conclusive.
6. The Government may make more than one claim on this Guarantee/Performance Bond* so long
as the claims are made pursuant to Clause 4 hereof and within the period specified therein and the
aggregate amount specified in all such claims does not exceed the Guaranteed Sum.
7. This Guarantee/Performance Bond* is issued subject to the laws of the Republic of Singapore
and the exclusive jurisdiction of the Singapore courts.
Dated this _________ day of _________________ 20 _______.
AS WITNESS our hand
Signed by: ___________________________________________________
(Name and Designation of Officer)
for and on behalf of the
_________________________ ____________________
(Name of Bank/Insurance Company) (Signature)
in the presence of
Name of Witness : ______________________________
Designation of Witness : ______________________________
Signature of Witness : ______________________________
* Delete accordingly
_______________________________________________________________________________________
Appendix A-3
EVALUATION CRITERIA
Tender submissions that are compliant with all the submission requirements and conditions contained
in the Conditions of Tender in Part 1 of this Invitation to Tender shall be evaluated based on the tendered
rent submitted, and other non-price criteria. Price and quality factors are assigned weightages and
translated into quantitative scores (P-score and Q-score). Both the P-score and Q-score will be
normalised such that the Tenderer with the highest points obtained will be given the maximum score.
The P-score and Q-score of other Tenderers will be calculated proportionally to the highest total point
obtained (i.e. P-score and Q-score normalisation). The P-score (normalised) and Q-score (normalised)
are then summed up into a combined score (maximum of 100 points) during tender evaluation as shown
below:-
(1) Price Criteria (50%)
Lump sum tendered rent of tenderer Lump sum CAPEX of tenderer
P-score = --------------------------------------------------------------------- X 30 pts + ---------------------------------------------------- X 20 pts
Highest tendered rent of all tendered rent evaluated Highest CAPEX of all CAPEX received
(*maximum P-score is 50 pts)
Example:
Tenderer A B C D E F
Tendered rent submitted $12,000 $20,000 $24,000 $28,000 $32,000 $40,000
Highest tendered rent of all
tendered rent evaluated
$40,000
Points (max 30 pts) 9 15 18 21 24 30
CAPEX submitted $6 mil $4 mil $2 mil $4 mil $1.4 mil $1 mil
Highest CAPEX $6 mil
Points (max 20 pts) 20 13.33 6.67 13.33 4.67 3.33
P-score 29.00 28.33 24.67 34.33 28.67 33.33
Normalisation of P-score is illustrated as follows:-
Individual tenderer’s P-score
P-score (normalised) = --------------------------------------------------------------- X 50 pts
Highest P-score obtained
(*maximum P-score and P-score (normalised) is 50 pts)
Example:
Tenderer A B C D E F
P-score for individual tenderer 29.00 28.33 24.67 34.33 28.67 33.33
Highest P-score obtained 34.33
P-score (normalised) 42.24 41.26 35.93 50 41.76 48.54
_______________________________________________________________________________________
(2) Other Criteria – Quality (non-price) Criteria (50%)
Quality (non-price) Criteria Maximum Score
Requirements and Scoring Method
1 Business Proposal (32 pts)
a
A sustainable business model that is supported by financial projections. Note: Tenderers are required to score a minimum of 6 points under section 1a to be eligible for tender award.
12 pts
The tenderer’s business proposal should enhance and rejuvenate the said premises while remaining financially viable. The following should be provided for assessment: (i) Key concepts and how this brands the said
premises and contributes to its rejuvenation
(ii) Target revenue and projected annual expenditure with respect to:
a) Capital b) Operating c) Marketing d) Others (i.e. value-added services)
(iii) Proposed number of key personnel for each area
of property management (i.e. operations, leasing,
marketing, etc) and their relevant qualification.
(iv) Property management services which would
outsourced (if any)
b.
A comprehensive and targeted marketing and branding plan that is aligned with the proposed objectives to create an Education Hub.
8 pts
The branding plan should be comprehensive, sustainable and targeted. Quantifiable efforts to market the proposed concept(s). The marketing efforts and services offered should tailor to the target audience. The following should be provided for assessment: (i) Target Market (ii) Detailed strategy to reach out to target audience
including marketing efforts, advertising and marketing agents (if any)
(iii) Targets including but not limited to occupancy rate
at different milestones (eg no. of planned events/activities), targeted footfall)
(iv) Use of innovative and/or unique technology to
market and/or value-add to the proposed concept
_______________________________________________________________________________________
c.
There is a plan to provide routine, cyclical maintenance and preserve the asset value of the said premises throughout the tenancy.
4 pts
The maintenance plan should include a clear plan to
preserve the long-term asset value of the said
premises. The maintenance programme should also
be well documented.
The following should be provided for assessment:
(i) Plans for routine and cyclical maintenance
(ii) Proposed expenditure for routine and cyclical maintenance on a per year and/or per term basis
(iii) Proposal on how to preserve the long-term value of the said premises
(iv) Plans to monitor and ensure the said premises are properly managed throughout the term and how such records are documented.
(v) Use of innovative and/or unique technology to monitor and ensure the said premises are properly maintained throughout the term and such records are documented (if any)
d.
The proposed space allocation is innovative and/or creative. Note: It is mandatory to set aside 300 sqm of GFA for social/community uses (eg. programmes that address social needs, revenue generated contributes back to society, community involvement)
5 pts
The proposed space allocation should be comprehensive and include annotations on the GFA plans. The following should be provided for assessment: a) Estimated GFA allocated for each proposed use
b) Innovative or creative elements used in designing
the respective spaces
c) Details of the proposed social/community uses
d) Any interesting or unique technologies and/or strategies proposed
3 pts
Urban Farming use with social/community elements is proposed within the 300 sqm of GFA that is set aside for social/community uses Urban Farming use with social/community elements is not proposed within the 300 sqm of GFA that is set aside for social/community uses
3 pts
0 pts
_______________________________________________________________________________________
2 Background and Company/Consortium’s Track record (12 pts)
a
Track Record of Company/ Consortium as an operator and/or master tenant in relevant field/industry of the proposed use(s) (i.e. commercial school, medical clinic) in the last 5 years
8 pts
Tenderer has at least 5 years’ continuous experience as an operator or master tenant in relevant field/industry of the proposed use(s) Tenderer has 2 to 4 years’ continuous experience as an operator or master tenant in relevant field/industry of the proposed use(s) Tenderer has <2 years’ continuous experience as an operator or master tenant in relevant field/industry of the proposed use(s)
8 pts
5 pts
2 pts
b
Track Record of Company/ Consortium in managing a property of GFA > 100,000 sqft
4 pts
Tenderer owns/has managed a property of GFA > 100,000 sqft for ≥3 years Tenderer owns/has managed a property of GFA > 100,000 sqft for <3 years Tenderer does not own or manage a property of GFA > 100,000 sqft
4 pts
2 pts
0 pts
3 Financial Standing (6 pts)
a
Sufficient working capital (current assets – current liabilities) as reported in tenderer’s financial statements for the latest financial year Note: Tenderers are required to score a minimum of 1 point under section 3a to be eligible for tender award.
3 pts
Tenderer with working capital ≥ annual rental, based on tenderer’s tendered monthly rental Tenderer with working capital of at least ½ the annual rental, based on tenderer’s tendered monthly rental Tenderer with working capital of ≤ ½ the annual rental, based on tenderer’s tendered monthly rental
3 pts
1 pts
0 pts
b
Sufficient financial ability to meet short-term liabilities with short-term assets in the last 3 years (as reported in tenderer’s financial statements for FY2014-2016 Note: Tenderers are required to score a minimum of 1 point under section 3b to be eligible for tender award.
3 pts
Tenderer with quick ratio (cash + marketable securities + receivables / current liabilities) ≥ 1 for all 3 years Tenderer with quick ratio (cash + marketable securities + receivables / current liabilities) ≥ 1 for at least 2 years Tenderer with quick ratio (cash + marketable securities + receivables / current liabilities) ≥ 1 for at least 1 year Tenderer with quick ratio (cash + marketable securities + receivables / current liabilities) < 1 for all 3 years
3 pts
2 pts
1 pts
0 pts
Total Maximum (Q-score) 50 pts
_______________________________________________________________________________________
Normalisation of Q-score is illustrated as follows:-
Individual tenderer’s Q-score
Q-score (normalised) = --------------------------------------------------------------- X 50 pts
Highest Q-score obtained
(*maximum Q-score and Q-score (normalised) is 50 pts)
Example:
Tenderer A B C D E F
Q-score for individual tenderer 10 20 30 48 45 25
Highest Q-score obtained 48
Q-score (normalised) 10.42 20.83 31.25 50 46.88 26.04
_______________________________________________________________________________________
PART 2
PLANS, DRAWINGS AND CONSULTANCY REPORTS
_______________________________________________________________________________________
PART 3
SUBMISSION FORMS:
APPENDIX B: FORM OF TENDER
APPENDIX C: TENDER BRIEF (WITH TENDERER’S PROPOSAL)
CHECKLIST FOR SUBMISSION OF TENDER
ENVELOPE LABEL COVER
_______________________________________________________________________________________
Appendix B
FORM OF TENDER
SINGAPORE LAND AUTHORITY TENDER NO: SLA000/RT17-25/3-2/1696/1/1
State Property State Property along Tampines Street 92 (collectively, the “said premises”)
Tendered Monthly
Rent (exclusive of
GST)
Singapore
Dollars…………………………………………………………..……………………..
………………………………………………………………S$...…………………………….
Proposed Use(s) Commercial School, Medical Clinic* * to delete use(s) which are not proposed
I/We* …………………………………………………………………………………………………….. (NAME OF TENDERER IN BLOCK LETTERS)
of …………………………………………………………………………………………………………………... (REGISTERED ADDRESS OF TENDERER)
(hereinafter referred to as the “Tenderer”) having examined the said premises, hereby offer to rent from the
Government of the Republic of Singapore (hereinafter referred to as the “Government”) the said premises for the
use as stipulated in the Proposed Use(s) indicated above at the above-mentioned tendered monthly rent, for an
initial tenancy term of three (3) years (hereinafter referred to as the “Initial Term”) on the terms and conditions
contained in this Invitation to Tender (Tender No.: SLA000/RT17-25/3-2/1696/1/1), and I/we hereby submit together
as part of my/our aforesaid offer, my/our* Tender Brief with my/our* Proposal set out and attached thereto (in the
prescribed form1) all duly completed and signed.
2. Attached hereto is a Cashier’s Order/Money Order No.2.....................………………………….…………. from …………………………………………………………………………. (NAME OF BANK) made in favour of the “Commissioner of Lands” for the sum of Singapore
Dollars ……………………………………………………………………………………………(S$……………) being the tender deposit equivalent to the amount of the above-mentioned tendered monthly rental (rounded to the nearest
dollar). 3. If my / our* aforesaid offer is accepted by the Government, I/we * understand and agree:
a. any renewal of the tenancy (if any) on the expiry of the Initial Term shall be at the sole and absolute discretion of the Government; and on the expiry of the Initial Term or the renewed term (if any), the Government is entitled at its sole and absolute discretion, to re-let the said premises by way of a fresh tender or reserve the said premises for any use or purpose deemed fit by the Government; and
b. I / we * must observe, perform, comply with and implement all the plans and proposals set out in my
/ our* attached Proposal, and my / our* obligation to do so shall be incorporated into, and form an integral part of, the tenancy agreement3 to be executed by me / us* with the Government in this Invitation to Tender.
4. I/We* undertake to give you any further information which you may require.
5. I/We have read and fully understood the Singapore Land Authority Personal Data Notice available at
http://www.sla.gov.sg/Services.aspx, and by submitting this form to SLA, I/We hereby agree and consent to all the
terms and conditions stipulated in the said Notice.
Dated this ______________ day of _________________, 20_____
1 The form of the Tender Brief is attached at Appendix C (in Part 3 of this Invitation to Tender). See Section B of the Tender Brief for the requirements on the submission of the Tenderer’s Proposal. 2 Please note that cash will not be accepted. 3 The form of tenancy agreement to be executed by the tenant is attached at Appendix A (in Part 1 of this Invitation to Tender).
_______________________________________________________________________________________
Note: Please complete only either Part I or Part II
PART I: WHERE INDIVIDUAL IS TENDERING
Signature of Tenderer :
Name of Tenderer in Block Letters :
NRIC No. :
Address :
E-mail Address :
Tel No. :
Handphone No. :
Fax No. :
PART II: WHERE COMPANY/ CORPORATION/ LIMITED LIABILITY
PARTNERSHIP/ FIRM IS TENDERING
Signature of Authorised Person signing
for and on behalf of Tendering Company/
Corporation/ Limited Liability Partnership/
Firm*
:
Name of Signatory in Block Letters :
Position of Signatory in Tendering
Company/ Corporation/ Limited Liability
Partnership/ Firm*
:
NRIC No. of Signatory :
Name of Tendering Company/
Corporation/ Limited Liability Partnership/
Firm*
:
Registration No of Tendering Company/
Corporation/ Limited Liability Partnership/
Firm*
:
Registered Address of Tendering
Company/ Corporation/ Limited Liability
Partnership/ Firm*
:
E-mail Address :
Tel No. :
Handphone No. :
Fax No. :
*Delete if not Applicable
NOTICE: This Form duly completed MUST accompany every tender submission. Any change or addition
to its wordings may render the tender liable to DISQUALIFICATION
_______________________________________________________________________________________
Appendix C
TENDER BRIEF#
Pursuant to the terms and conditions of this Invitation to Tender (Tender No: SLA000/RT17-25/3-2/1696/1/1) and at the request of the Singapore Land Authority (“SLA”), I/we* (the “Tenderer”) hereby submit the following information and proposals as part of my/our* Tender for the rental of the said premises described therein.
SECTION A
PART 1 DETAILS OF TENDERER’S RENTAL HISTORY WITH SLA (AS AGENT FOR AND ON BEHALF OF THE GOVERNMENT OF SINGAPORE)
1.1 Have you rented any State Properties from the Government of Singapore through SLA? Yes/No*
If your answer is “Yes”, please provide the information requested for below:
Address Use(s) Period of Rental
i.
ii.
iii.
iv.
PART 2 DETAILS OF TENDERER’S TRACK RECORD & EXPERIENCE
Please provide the relevant and other experiences of the Tenderer as well as that of any other entity (including any individual) who may be involved with the Tenderer in operating the proposed use(s) for the State property along Tampines Street 92 (the “said premises”).
Condition 5.1 of Conditions of Tender
Relevant Experience
2.1 Past/ Current Projects similar to the Proposed Use(s) for the said premises
Location Use(s) Period of
Operation
Level of
Involvement
i.
ii.
iii.
iv.
Other Experience
2.2 Location Use(s) Period of
Operation
Level of
Involvement
i.
ii.
iii.
iv.
_______________________________________________________________________________________
PART 3 SUSTAINABILITY OF BUSINESS MODEL
3.1 REVENUE AND COST PROJECTIONS
In EXCEL format for the first 3 years, including but not limited to the following assumptions
supported by realistic financial projects
Assumptions:
- Projected revenue
- Proposed rental to the State
- Projected operating cost
- Projected investments
- Sources of revenue
- Break-even point
- Projected occupancy rate
- Target market
- Operating hours
Year 2018 Year 2019 Year 2020
PART 4 TENDERER’S FINANCIAL STANDING
(i) (where Tenderer is an individual) a copy of the Tenderer’s Notice of Income Tax Assessment for
Year 2015 and 2016; or
(ii) (where Tenderer is a company, corporation, limited liability partnership or firm but is required by
law to audit its financial statements) the Tenderer’s Audited Financial statements for Year 2015
and 2016; or
(iii) (where Tenderer is a company, corporation, limited liability partnership or firm but is not required
by law to audit its financial statements) the Tenderer’s Financial Statements for Year 2015 and
2016.
Year 2015 Year 2016
4.1 Where Tenderer is
an Individual
Notice of Income Tax Assessment
4.2 Where Tenderer is
a Company/
Corporation/
Limited Liability
Partnership/ Firm
Current Issued & Paid-Up Capital
Working Capital as indicated in the
Audited Accounts
(i.e. Current Assets less Current
Liabilities)
Revenue/Turnover as indicated in
the Audited Accounts
Accumulated Profit/Loss* as
indicated in the Audited Accounts
Net Profit/Loss* after tax as
indicated in Audited Accounts
Cash Balance
Net Tangible Assets / Shareholder
Funds /
Total Equity
(i.e. Total Assets less Total
Liabilities)
Total Liabilities
_______________________________________________________________________________________
PART 5 ESTIMATED CAPEX & BUILDING MAINTENANCE PLAN
Based on information provided in the Structural Inspection Report, Report for Fire
Safety Requirements, General Guidelines for Alterations and Additions to Buildings (if
any)
5.1
Estimated CAPEX Amount, $
Year 2018 Year 2019 Year 2020
Proposed CAPEX scope including
but not limited to the following:
Structural & Building Works
[e.g. A&A works, roof repair, removal
costs for asbestos roof, construction
of substation]
M & E Services
[e.g. connection fee for building
services- sewerage/ drainage/ water,
compliance to FSSD’s requirements
such as fire sprinkler system & fire
hydrant, electrical works such as
rewiring and upgrading of electrical
load, provision of air-con, water and
sanitary infrastructure]
Architectural
[e.g. Design & Finishes]
Equipment, Fittings & Fixtures
5.2 Building Maintenance Plan
Yearly regime
Quarterly regime
Monthly regime
5.3 Source of Funds of estimated
CAPEX
5.4 Work Schedule Please submit the projected work schedule and
corresponding CAPEX to be incurred.
_______________________________________________________________________________________
SECTION B
TENDERER’S PROPOSAL (INCLUDING TRACK RECORD & EXPERIENCE)
Please submit the information and proposals requested in this Section B. Please attach additional
sheet(s) as attachments to this section if the space provided is insufficient.
1 Do you currently operate and/or manage any Commercial Schools and/or Medical Clinics under the same Directorship/Management?
Yes / No (Please choose one)
If yes, how many are there? ____________________________________________
If no, please proceed to section 3.
2 Please state the brand name, property type (e.g. Office Buildings, Shop Houses) and how long you have been managing your existing properties:
Brand name: _______________ Property type: __________________ (__________ years)
Brand name: _______________ Property type: __________________ (__________ years)
Brand name: _______________ Property type: __________________ (__________ years)
Brand name: _______________ Property type: __________________ (__________ years)
3 Please state your experience in managing properties of Gross Floor Area (GFA) > 100,000 sqft in the last 5 years.
Property of GFA > 100,000 sqft (please include address and type of property)
Date started managing
_______________________________________________________________________________________
4 Please submit your company’s audited financial statement for FY2014-2016 for assessment of your company’s credit rating.
5 Please submit your company’s audited working capital (current assets – current liabilities) and relevant audited supporting documents for FY2014-2016.
6 Please submit your company’s audited quick ratio (cash + marketable securities + receivables / current liabilities) and relevant audited supporting documents for FY2014-2016.
7 Please provide details of your proposed business plan.
(Please attach additional sheets if space is insufficient.)
Your business proposal should enhance and rejuvenate the State property while
remaining financially viable.
The following should be provided for assessment:
(i) Key concepts of your business plan and how this brands the State property and
contributes to its rejuvenation
(ii) Projected revenue and the manner in which such projected revenue shall be achieved
for the entire tenure.
(iii) Projected annual expenditure with respect to
a) Capital
b) Operating
c) Marketing
d) Others (i.e. value-added services)
(iii) Proposed number of key personnel for each area of property management (i.e.
operations, leasing, marketing, etc) and their relevant qualification.
(iv) Property management services which would outsourced (if any)
_______________________________________________________________________________________
8 Please provide details of your proposed branding plan
(Please attach additional sheets if space is insufficient.)
Your branding plan should be comprehensive, sustainable and targeted. Quantifiable
efforts should be made to market the proposed concept(s). The marketing efforts and
services offered should tailor to the target audience.
The following should be provided for assessment:
(i) Target Market
(ii) Detailed and innovative strategies to reach out to target audience including marketing efforts (e.g. advertising and events planned, if any)
(iii) Targets including but not limited to occupancy rate at different milestones (eg no. of planned events/activities), targeted footfall)
(iv) Use of innovative and/or unique technology to market and/or value-add to the proposed concept
_______________________________________________________________________________________
9 Please provide details of your proposed maintenance plan
(Please attach additional sheets if space is insufficient.)
Your maintenance proposal should include a clear plan to preserve the long-term asset value of the said premises. The maintenance programme should also be well documented with the actual routine and cyclical maintenance expenditure submitted to SLA on at the end of each 12-month period. Documentary certification of efforts to preserve the said premises as heritage properties should also be submitted to SLA during the tenancy.
The following should be provided for assessment:
(i) Plans for routine and cyclical maintenance
(ii) Proposed expenditure for routine and cyclical maintenance on a per year and/or per term basis
(iii) Proposal on how to preserve the long-term value of the said premises
(iv) Plans to monitor and ensure the said premises are properly managed throughout the term and how such records are documented.
(v) Use of innovative and/or unique technology to monitor and ensure the said premises are properly maintained throughout the term and such records are documented (if any)
_______________________________________________________________________________________
10 Please provide details on your proposed space allocation
(Please attach the annotated GFA plans to accompany your proposal.) The proposed space allocation should be comprehensive and include annotations on the GFA plans. Note: It is mandatory to set aside 300 sqm of GFA for social/community uses (eg. programmes that address social needs, revenue generated contributes back to society, community involvement) The following should be provided for assessment:
(i) Estimated GFA allocation for each proposed use (ii) Innovative or creative elements used in designing the respective spaces (iii) Details of the proposed social/community uses (iv) Any interesting or unique technologies and/or strategies proposed
10.1 Are you proposing Urban Farming use with social/community elements within the 300 sqm of GFA that is set aside for social/community uses?
Yes / No (Please choose one)
If yes, please provide details of the proposed Urban Farming use below.
_______________________________________________________________________________________
The undersigned hereby certifies that to the best of his knowledge, all the information and particulars contained in this Tender Brief and all the attachments to this Tender Brief, are true, accurate and complete. The Singapore Land Authority (“SLA”), as agent of the Government of the Republic of Singapore, is entitled to and is hereby authorised to make direct enquiries with, and request for information and obtain references from, any person, firm, public official or organisation to verify the information contained herein.
The undersigned hereby undertakes to give to SLA any further information which SLA may require and forward all original documents for the purpose of verification when called upon to do so. The undersigned agrees that if permission in writing is granted by SLA to effect any amendment to any information or particulars contained in or attached to Section A and/or Section B of this Tender Brief, such amendment(s) shall not in any way affect or alter any other parts of the Tenderer’s offer as contained in the Form of Tender which shall remain valid for acceptance by the Government of the Republic of Singapore.
Date: ………………………………………….
Where Tenderer is an individual*:
Signature of Tenderer : _____________________
Name of Tenderer : _____________________
Where Tenderer is a company/corporation//limited liability partnership/firm*:
Signature of Tenderer’s authorised signatories : _______________________
Name of Tenderer’s authorised signatories : _______________________
Designation of Tenderer’s authorised signatories : _______________________
* Delete if not applicable
# If any part of this Tender Brief is not applicable, the Tenderer shall insert “NIL” or “N.A.”. All supporting plans and documents referred to in this Tender Brief must also be submitted together with the Tender Brief. If the space provided is insufficient, please use additional sheets which must bear the Tenderer’s name and be signed by the Tenderer (or its authorised signatory where the Tenderer is a company/limited liability partnership/firm).
NOTICE: This Tender Brief, duly completed, MUST accompany every tender submission.
_______________________________________________________________________________________
Please refer to the following checklist to ensure that all necessary items have been included.
Each tenderer must submit all items 1 to 7 as part of his tender submission. This checklist is for
your own reference and need not be submitted.
for action taken
1 A tender deposit equivalent to the tendered monthly rent (rounded to the next nearest dollar),
by way of a cashier’s order/money order made in favour of the “Commissioner of Lands”.
2 The prescribed Form of Tender (Appendix B) duly completed and signed by the tenderer.
3 The prescribed Tender Brief (Appendix C) duly completed and signed by the tenderer (see Section B of the Tender Brief for the tenderer’s Proposal to be submitted).
4 If the tenderer is a company, corporation, limited liability partnership or firm, please
include: (a) the latest print-out on the tenderer from the Accounting and Corporate Regulatory Authority
(ACRA); and
(b) (i) (where the tenderer is required by law to audit its financial statements) the tenderer’s
audited financial statements for the last two (2) years; or
(ii) (where the tenderer is not required by law to audit its financial statements) the tenderer’s financial statements for the last two (2) years.
(See Section A, Part 4 of the Tender Brief).
5 If the tenderer is an individual, please include:
(a) a photocopy of the tenderer’s identity card; and
(b) a copy of his Notice of Income Tax Assessment for the last two (2) years.
(See Section A, Part 4 of the Tender Brief)
6 The tender submission comprising all the above items must be placed in an envelope. The
envelope label cover (see next page), with the particulars of the tenderer duly completed,
must be pasted on the envelope.
7 Please note that the tenderer has given the following acknowledgment:-
“If my / our* aforesaid offer is accepted by the Government, I/we * understand and agree that
notwithstanding any investment of capital in and improvements made to the said premises:
a) any renewal of the tenancy (if any) on the expiry of the Initial Term shall be at the sole
and absolute discretion of the Government; and on the expiry of the Initial Term or the
renewed term (if any), the Government is entitled at its sole and absolute discretion, to
re-let the said premises by way of a fresh tender or reserve the said premises for any
use or purpose deemed fit by the Government; and
b) I / we * must observe, perform, comply with and implement all the plans and proposals
set out in my / our* attached Proposal, and my / our* obligation to do so shall be
incorporated into, and form an integral part of, the tenancy agreement4 to be executed
by me / us* with the Government in this Invitation to Tender.”
4 The form of tenancy agreement to be executed by the tenant is attached at Appendix A (in Part 1 of this Invitation to Tender).
CHECKLIST FOR SUBMISSION OF TENDER
_______________________________________________________________________________________
ENVELOPE LABEL COVER
This slip is to be detached and pasted on the envelope containing the tender submission.
TENDER NO: SLA000/RT17-25/3-2/1696/1/1
TENDER FOR TENANCY OF STATE PROPERTY ALONG TAMPINES STREET 92
To: Singapore Land Authority 55 Newton Road #12-01 Revenue House Singapore 307987
Tender Box: 1
(Customer Service Centre on the 12th storey of Revenue House, 55 Newton Road)
Closing Date: 21 November 2017 at 11.00 am (Singapore time)
Submitted by: Name of Tenderer
:
Address of Tenderer
:
Name of Tenderer’s contact person
:
Tel No. of Tenderer’s contact person
:
For enquiries, please call Ms Jocelyn Ng at 6478 3272