Ex-4.19.1 Offer Letter dated Feb 16, 2006



 





Exhibit 4.19.1




JTC(L) 3729/9A




	 	 	 
	16 February 2006

	 	[JTC’s Logo and its address]






Terra Investments Pte Ltd

Blk 750 “Oasis”, Chai Chee Road

Technopark@Chai Chee #01-01

Singapore 469000





			
	Attention:	 	Mr. Kenneth Tham





Dear Sirs




OFFER OF LEASE OF LAND KNOWN AS PRIVATE LOT A1964510

AT PLOT 6 WOODLANDS INDUSTRIAL PARK D IN WOODLANDS WAFER FAB PARK (“the Land”)





	1	 	This Letter of Offer shall supersede the previous Letter of Offer dated 9 January 2006 and
supplementary letter dated 27 January 2006. We refer to your application for the land
adjoining Private Lots A1964504, A1964506 and A1964508, and are pleased to offer you a lease,
subject to the approval of the relevant governmental and statutory authorities
(“Authorities”) being obtained, and to the covenants, terms and conditions in the
attached specimen Agreement for Lease (“Agreement for Lease”) and this letter,
(collectively called “Offer”).






	 	1.1	 	Location
	 
	 	 	 	Government Survey Lot 99528A of Mukim 13, as shown on the plan attached to this offer.
	 
	 	 	 	[Please note that our Survey Department will apply to the Chief Surveyor for a
caveat lot number upon your acceptance of this offer. For further
clarifications you may contact Ms Keu Kin Chor of our Survey Department
direct at Tel: 6883 3153.]
	 
	 	1.2	 	Title
	 
	 	 	 	A lease for 24 years with effect from 1 March 2006 (“the Commencement Date”).
	 
	 	1.3	 	Area
	 
	 	 	 	The Land has an approximate area of 7,829.30 square metres,
subject to survey.




 









 






	 	1.4	 	Consideration






	 	a.	 	The Land Price:






	 	a1)	 	You shall pay a premium for the Land for 24 years of $2,020,836 (“the Land Premium”).
	 
	 	a2)	 	You shall:
	 
	 	a2.1)	 	pay as part of the Mode of Due Acceptance of Offer in accordance with paragraph 2 below and the Payment Table attached —
	 
	 	 	 	i) an initial down payment of $505,209.00 of the Land Premium;
	 
	 	 	 	ii) the total GST on the whole of the Land Premium; and
	 
	 	a2.2)	 	pay the balance of the Land Premium by 3 equal quarterly
instalments with the latest by the 01 December 2006.






	 	b.	 	You shall pay an annual rent of $12/- as follows:






	 	i.	 	The annual rent is due and payable in
advance on the first day of January in each year without demand.
	 
	 	ii.	 	However, as a condition of this offer, the
annual rent and GST for the period from the Commencement Date to 28
February 2007 shall be paid at the time of acceptance of this offer
in accordance with paragraph 2. Thereafter, your next annual rent
payment for the period from 1 March 2007 to 28 February 2008 shall be
paid in advance and is due on 1 March 2008.
	 
	 	iii.	 	However, the annual rent is temporarily
waived until such a time as we may, in our absolute discretion,
determine. But the Agreement for Lease will still contractually
reflect the annual rent. You shall be notified in writing should we
decide to cease the waiver of annual rent.




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	 	1.5	 	Property Tax
	 
	 	 	 	Starting from 01 March 2006, you will be responsible for the payment of property
tax in respect of the land, including all improvements thereon. You are required,
upon completion of your building and subsequently subject to our approval, upon
rebuilding, enlarging, altering or improving your building, to inform the
Comptroller of Property Tax within 15 days as required by the Property Tax Act.
	 
	 	1.6	 	Agreement for Lease






	 	a.	 	You shall be required to enter into an Agreement for Lease
(as per specimen attached).
	 
	 	b.	 	However, until such Agreement for Lease is executed and
effective, it is to be taken as part of this offer and you shall, on
acceptance of this offer, be deemed to have agreed to all the terms and
conditions therein.






	 	1.7	 	Mode of Payment






	 	a.	 	Except for the payment to be made with your letter of
acceptance pursuant to paragraph 2, which payment shall be by non-cash
mode (eg cashier’s order, cheque etc),during the lease term you shall pay
the annual rent, service charge and GST by Interbank GIRO or any other mode to
be determined by us.
	 
	 	b.	 	However, pending the GIRO arrangement being finalised, you
shall pay the annual rent, service charge and GST as they fall due by
cheque/cash.






	 	1.8	 	Permitted Use
	 
	 	 	 	The Land shall be used only for Ancillary purposes to support Chartered
Semiconductor’s business operations.
	 
	 	1.9	 	Approvals
	 
	 	 	 	Our offer and your acceptance of the lease is subject to approvals being obtained
from the relevant governmental and statutory authorities.
	 
	 	1.10	 	Survey of Site






	 	a.	 	Upon your acceptance of this offer, a preliminary survey will
be carried out to determine the land area of the Land and a subsequent final
survey may also be carried out. If the final survey area exceeds 5 square
metres more, or less, than the preliminary survey area, then the Land Premium
will be adjusted and shall be paid and payable or refunded as the case may be
in respect of the full difference between the preliminary survey area and the
final survey area with retrospective effect from the Commencement Date,
without interest.





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	 	b.	 	You shall keep within the surveyed land area allocated to you
during the period of your lease. In the event that you are found to have
encroached outside the Land, you shall immediately, or within the time
specified (if any), rectify the encroachment at your own cost and expense.
However, if the encroachment can be regularised, and if you are allowed to
retain the encroached area or any part thereof upon such terms and conditions
as we may stipulate, you will be required to pay additional premium for the
encroached area based on the market premium:






	 	i.	 	prevailing on or about the date on which
the encroachment commenced; and
	 
	 	ii.	 	for the full term of the lease to be
granted for the Land in accordance with this offer,






	 	 	 	as may be determined by us, and all survey fees, legal fees,
amalgamation fees and all other costs and charges relating to the
regularisation of the encroachment shall be borne by you.






	 	1.11	 	Preparation and Submission of Plans






	 	a.	 	You shall not erect or build any building, structure or
installation on the Land or make or cause to be made any addition or
alteration affecting the Land or any part thereof without our prior written
consent and the approval of Building Control Unit (JTC) and the other relevant
governmental and statutory authorities.
	 
	 	b.	 	If our consent is granted in accordance with paragraph
1.11(a) above, you shall be required to engage at your own cost and expense a
Qualified Person to prepare and submit plans showing the layout and
specifications of the buildings, structures and/or installations or any
alterations and additions which you may wish to make. The Plan Submission Fact
Sheet at Annex B is intended to assist the Qualified Person in preparing the
plans. We make no representation as to the accuracy of its contents or
otherwise and the Qualified Person shall make independent inquiries to verify
the information. If the information in the Plan Submission Fact Sheet is
inconsistent with the terms and conditions of this offer, then you are advised
to seek clarifications from us. In any event, your contractual obligations
will be determined by the terms and conditions of this offer and not the
information in the Plan Submission Fact Sheet.
	 
	 	c.	 	Subject to paragraphs 1.11(a) and (b) above, we reserve the
right as landowner to amend or reject plans which are found to be
unsatisfactory from the points of view of, amongst others, layout, site
utilisation, landscaping, materials for construction or facades, type, colour
and appearance of buildings and other structures.





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	 	d.	 	Subject to paragraphs 1.11(a), (b) and (c) above, plans which
have been approved by us shall not be amended except with our prior written
approval irrespective of whether written permission for the amendments has
been granted by the relevant governmental or statutory authorities.






	 	1.12	 	Fees, Costs and Expenses






	 	a.	 	You shall pay stamp duty, survey fees and the cost for the
preparation of legal documents.
	 
	 	b.	 	All terms, conditions, stipulations and obligations required
under this offer to be performed or observed by you shall be done at your cost
and expense.
	 
	 	c.	 	Originally, the Commissioner of Stamp Duties required the
letter of acceptance to be submitted to the Stamp Duty Office for stamping
within 14 days. However, with the Minister of Finance’s Off Budget Measures
announcement on 29 June 1998, stamping may now be deferred until the Agreement
for Lease is issued.






	 	1.13	 	Electricity and Water Supply






	 	a.	 	All electrical installations and connections shall be carried
out by you and at your expense. No such installation may commence until you
have submitted an electricity application to PowerGrid Ltd / Power Supply Ltd
and obtained their written approval.
	 
	 	b.	 	You shall approach the Public Utilities Board for all your
water supply requirements. You shall carry out all plumbing required for any
additional water supply, including the installation of a water meter. You
shall bear all costs and expenses that may arise.






	 	1.14	 	Diversion of Existing Utility Services
	 
	 	 	 	You shall consult PowerGrid Ltd, Power Gas Ltd, Water Department,
Sewerage Department and other relevant governmental and statutory authorities
to discover if there are any existing or proposed services over, underneath or
through the Land. You shall be responsible for diversion of any existing
utility services such as pipes, cables etc. running through the Land and shall
bear the costs of any such diversions.
	 
	 	1.15	 	Original State and Condition
	 
	 	 	 	You shall be deemed to have accepted our offer with full
knowledge of the actual state and condition of the Land as regards to its
building/s, ground levels, topography, soil conditions and in all other
aspects. Any work to be done to the conditions of the Premises which you deem
necessary will be carried out by you at your own expense.





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	 	1.16	 	Slope Protection
	 
	 	 	 	If there is any alteration or addition to the Land —
	 
	 	 	 	a.     under clause 1(viii) of ML I/ 30809F contained in the First Schedule of the attached Specimen Agreement for Lease; or
	 
	 	 	 	b.	 	as may be required by any governmental or statutory authority,
	 
	 	 	 	you shall at your own cost take such steps and execute such works
upon the Land as may be necessary or required by us or any governmental or
statutory authority for the prevention of earthslip, erosion of soil and
failure of any slope adjoining the Land to our satisfaction and to the
satisfaction of the relevant governmental or statutory authorities.
	 
	 	1.17	 	Alteration of Master Plan
	 
	 	 	 	The current zoning for the Land is Business 2. If you require a
change of zoning (and therefore an alteration of the Master Plan) you shall:






	 	a.	 	obtain prior written approval from us and the relevant
governmental and statutory authorities; and
	 
	 	b.	 	pay fees charged by the Urban and Redevelopment Authority
(currently $3,000/-, plus GST at prevailing rate) and any other charges
imposed on or to us in connection with the Master Plan alteration.






	 	1.18	 	Permanent Culvert and Related Construction and Reinstatement Activities






	 	a.	 	You shall submit the plans of your proposed temporary
crossing, wash bay, silt trap and the like to us for approval.
	 
	 	b.	 	You shall construct a proper temporary crossing, wash bay,
silt trap and the like prior to the commencement of the construction works in
accordance with the approval.
	 
	 	c.	 	You shall maintain the completed temporary crossing, wash
bay, silt trap and the like in good condition at all times.
	 
	 	d.	 	You shall construct and complete your permanent culvert
within 9 months from 01 February 2006 or within any extended period approved
by us.
	 
	 	e.	 	You shall remove your temporary crossing within one month
after the completion of your permanent culvert.





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	 	f.	 	You shall reinstate, within one month after the date of
completion of your permanent culvert, any damaged roads, roadside kerbs and
sidetables, drains, turf, trees, services and the like, to the satisfaction of
the Land Transport Authority and any other relevant governmental and statutory
authorities and/or our satisfaction.
	 
	 	g.	 	You shall reinstate, within one month after the date of
completion of all site development, any damage to the permanent culvert,
roads, roadside kerbs and sidetables, drains, turf, trees, services and the
like, to the satisfaction of the Land Transport Authority and any other
relevant governmental and statutory authorities and/or our satisfaction.
	 
	 	h.	 	You shall be responsible for the construction of a permanent
road access from the land to the main road to the satisfaction of the Land
Transport Authority and any other relevant governmental and statutory
authorities.
	 
	 	i.	 	You are not allowed to place your materials, equipment or any
other thing on the roadside kerbs and sidetables and you shall be held
responsible for any damage to roadside kerbs and sidetables.
	 
	 	j.	 	You are required to daily wash and clean up the stretch of
road, box culverts, drains and inlet chambers fronting the land free of mud
and silt and clear away all debris, litter and the like at the roadside kerbs
and sidetables until completion of all site development.
	 
	 	k.	 	You shall take measures to prevent the stretch of road, box
culverts, drains and inlet chambers fronting the land from being silted or
littered with debris, litter and the like.
	 
	 	l.	 	You shall provide a vehicle wash bay on the land at all times
until the completion of the construction of all the buildings and works
thereon to ensure that every vehicle which leaves the land shall have been
duly washed and cleaned of soil and dirt.
	 
	 	m.	 	You shall ensure that there is no spillage of any earth,
soil, grease, construction material or debris on or at any part of surrounding
estate and the public roads bordering the estate.





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	 	n.	 	You shall be held responsible for all damage to the
footpaths, trees, road pavement, roadside kerbs and sidetables, box culverts
and drains, fronting the land and all damage must be repaired immediately to
our satisfaction.
	 
	 	o.	 	You shall confine your construction activities within the
boundary of the land. In this respect, you shall erect approved, aesthetically
pleasing and safe hoarding along the whole boundary of the land before
commencing construction.
	 
	 	p.	 	You shall ensure that no unauthorised excavation works are
carried out.
	 
	 	q.	 	You shall place with us a deposit of $5,000 (“Deposit”) as
security against any breach of any of the above conditions and any deductions
from or the forfeiture of the deposit shall be without prejudice to our rights
and remedies as provided under the Agreement of Lease.
	 
	 	r.	 	The Deposit may be in the form of cash and/ or an acceptable
Banker’s Guarantee in the form attached (effective from 01 February 2006 until
12 months after the Qualified Person’s certification) and/ or such other form
of security as we may in our absolute discretion permit or accept.
	 
	 	s.	 	If any deductions are made from the Deposit or if it is
forfeited, you shall immediately make good the deduction or the forfeiture so
that the Deposit is at all times maintained at the sum of $5,000.
	 
	 	t.	 	At the expiry of the licence period or any extension thereof,
the Deposit shall be repaid without interest or returned to you for
cancellation, as the case may be, subject to appropriate deductions,
forfeiture or payment to us for damages or other sums due to any breach of any
of the above conditions (a) to (p).




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	 	1.19	 	Restrictions on Assignment
	 
	 	 	 	As set out in Clause 1(xi) of the form of Lease contained in the First Schedule of
the attached Specimen Agreement of Lease.
	 
	 	1.20	 	Special Conditions






	 	a.	 	Subject to paragraph 1.11 of this offer, you shall at
your own cost comply with and observe any height restrictions (if any) on
buildings and structures on the Land which may be imposed by any
governmental or statutory authority.
	 
	 	b.	 	Subject to paragraph 1.11 of this offer, you shall not
place, construct or erect or permit the placing, construction or erection
of any building, structure or any equipment whatsoever on any buffers or
sewer easements or other underground services which may exist on the Land.
Kindly note that you must comply with the requirements as laid down by the
relevant governmental and statutory authorities.
	 
	 	c.	 	You shall allow us, our workmen, agents and/or their
contractors and sub-contractors and/or authorised lessees/tenants or licensees
a right to enter and work upon the Land free of charge for the purpose of
connecting sewer pipelines if required, into and/or within the Land at any
time during the lease period. You shall not hold us liable for any claim,
damages, costs, expenses or loss whatsoever which you or any other person may
suffer demand, action, proceeding or inconvenience arising out of or in
connection therewith.
	 
	 	d.	 	You shall not place nor permit the placing of any heavy objects
on or above any man-hole at the turf area of the Land. Please note that the
relevant governmental and statutory authorities shall have unrestricted access
into the Land to service, repair or replace their cables or other items from
time to time, and you shall comply with all directions and requirements of the
relevant governmental and statutory authorities.
	 
	 	e.	 	i.     A copy of the Environmental Baseline Study (referred to as “the
First Baseline Study” in the Agreement for Lease and the form of Lease in the
First Schedule thereto) shall be submitted to us within four (4) months from 01
March 2006.





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	 	 	 	ii.     Please refer to Clause 8 of the attached Agreement for Lease and Clause
1(xvii) of the Lease set out in the First Schedule of the said Agreement for
Lease on your obligations and our decontamination requirements, for your
compliance.
	 
	 	f.	 	A person who is not a party to this agreement shall have no right
under the Contracts (Rights of Third Parties) Act (as amended or revised from
time to time) to enforce any of the covenants, terms or conditions of this
agreement.






	 	2	 	Mode of Acceptance
	 
	 	 	 	This offer shall lapse if we do not receive all of the following by 23 January 2005:






	 	a.	 	the original letter of acceptance;
	 
	 	b.	 	payment of the sum set out under paragraph 4; and
	 
	 	c.	 	duly completed GIRO authorisation form or a copy of your letter
of authorisation to your Banker.






	3	 	Clearance of Payments
	 
	 	 	Please note that payments made prior to your giving us the other items
listed above may be cleared by and credited to us upon receipt.
However, if the other items are not received within the time
stipulated herein, this offer shall lapse and there shall be no
contract between you and us arising hereunder. Any payments received
shall then be refunded to you without interest and you shall have no
claim of whatsoever nature against us.





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	4	 	Amount Payable





	 	 	 	 	 	 	 	 	 
	 	 	AMOUNT	 	5% GST
	Down-payment of Land Premium on 7,829.30
square metre
(thereafter, the next quarterly payment of
$507,625.50 is due on 01 May 2006)
	 	$	505,209.00	 	 	$	25,260.45	 
	GST on the balance of Land Premium of
$1,522,876.50
	 	 	n.a	 	 	$	75,781.35	 
	Survey fee (subject to adjustment on
completion of final survey if any).
	 	$	4,254.00	 	 	$	212.70	 
	URA processing fee (subject to adjustment on
completion of final survey/ resurvey)
	 	$	1,000.00	 	 	$	50.00	 
	Singapore Land Authority fee (subject to
adjustment on completion of final survey/
resurvey)
	 	$	2,115.00	 	 	$	105.75	 
	Cost for preparation of Agreement for Lease.
	 	$	95.00	 	 	$	4.75	 
	Deposit under paragraph 1.19
	 	$	5,000	 	 	 	Nil	 
	Cost for preparation of Lease.
	 	$	150.00	 	 	$	7.50	 
	Sub-Total Payable
	 	$	517,823.00	 	 	$	101,422.50	 
	Total payable inclusive of GST
	 	$	619,245.50	 	 	 	 	 







	 	5.	 	Notice of Mortgage
	 
	 	 	 	Upon due acceptance of this Offer, you may mortgage your interest by giving us a
Notice of Mortgage in accordance with our Practice Circular dated 30 October 1999
as amended by Practice Circulars of 1 June 2001, 24 April 2002 and 23 March 2004.
A summary of the 4 Practice Circulars is attached at Annex D of this
letter. Please note that —






	 	(a)	 	Your lawyers may submit the Notice of Mortgage on your behalf.
	 
	 	(b)	 	The Practice Circulars may be retrieved from our website at
http://krpyton.jtc.gov.sg under the icon “Policies & Procedures” and
then clicking these icons in the following order: “Practice Circular”,
“Correspondence/Annex A”.





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	 	(c)	 	Should you have any queries concerning the Practice
Circulars, you may contact any of these persons from our Legal Department at
the following telephone numbers —





	 	 	 	 	 	 
	 
	Ms Rani Hubert	 	—	 	6883 3181
	 
	 
	Mr Albert Tan	 	—	 	6883 3193
	 
	 
	Ms Tong Meow Hoon	 	—	 	6883 3196







	6.	 	Full Terms and Conditions
	 
	 	 	The above constitutes the full terms and conditions governing this offer and no terms or
representation or otherwise, whether express or implied, shall form part of this offer
other than what is contained herein. Any variation, modification, amendment, deletion,
addition or other wise of the terms of this offer shall not be enforceable unless reduced
in writing and signed by both parties.





Yours faithfully




/s/Sharon Wong

Assistant Manager (Marketing)

Wafer Fab Parks Development Department

Specialised Parks Development Group




Cc:

Mr. Desmond Chan

Chartered Semiconductor Industries Pte Ltd

60 Woodlands Industrial Park D Street 2

Singapore 738750




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Letter of Acceptance

(Please use your firm/company’s letterhead)




Date:




Wafer Fab Parks Development Dept.

JTC Corporation

The JTC Summit

8 Jurong Town Hall Road

Singapore 609434

Attention : Ong Khian Heng




Dear Sirs




ACCEPTANCE OF OFFER RELATING TO PRIVATE LOT A1964510, WOODLANDS WAFER FAB PARK





	1	 	We refer to your Letter of Offer and eStatement letter, both dated 19 September 2005 for the
above Land and hereby confirm our acceptance of all the terms and conditions of the offer and
the eStatement letter.
	 
	2	 	In accordance with your required mode of acceptance mentioned in paragraph 3 of your Offer
Letter, we enclose the following*:






	 	o	 	A cheque for $619,245.50.
	 
	 	o	 	**Our duly completed GIRO authorisation form/**A copy of our letter of authorisation to our banker.
	 
	 	o	 	**A cheque of $614,245.50 and Banker’s Guarantee/**our cheque for the Deposit of $5,000.00.






	3	 	We understand and agree that we will only be able to view our Statement of Accounts (SA) in
Krypton and confirm that the following email address(es) are the authorized recipients to
receive the email notification to view our SA or eStatement in Krypton.

Email address 1 :

*Email address 2 :
	 
	4	 	We have enclosed a completed application for EASY access code.





	 	 	 	 	 
	 
	Yours faithfully




	 	 
	Name of Person In-Charge/Designation/Signature

(Company’s Stamp)	 	 



Encl.




*Please delete the boxes which are not applicable.

**Please delete whichever is not applicable.




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PLAN SUBMISSION FACT SHEET




	 	 	 	 	 
	Lessee

	 	:
	 	TERRA INVESTMENTS PTE LTD
	 
	Address

	 	:
	 	PLOT 6 WOODLANDS INDUSTRIAL PARK D
	 
	Allocation No

	 	:
	 	Private Lot A1964510






FACT SHEET FOR THE NEW DEVELOPMENT OR ADDITIONS & ALTERATIONS (A&A) REQUIREMENTS




	 	 	 	 	 	 	 	 	 
	No	 	Items	 	Data/details (enter nil if not applicable)
	1
	 	Plot Descripion	 	Lot	 	:	 	99528A
	 
	 	 	 	Mukim No.	 	:	 	MK13
	 
	 	 	 	Pte Lot No.	 	:	 	A1964510
	2
	 	Building Construction Period
(for new allocation & lease renewal)	 	n.a.	 	 	 	 
	3
	 	Plot Ratio (PR)	 	Max PR	 	:	 	1.40







	 	 	 	 	 
	4
	 	60:40 rule	 	Min. 60% of built up area:

	 
	 	 	 	Industrial and ancillary storage & warehousing activities
	 
	 
	 	 	 	Remaining built-up area (Max. 40% of built up area):
Offices, showrooms, neutral area and communal facilities
	5
	 	Permitted usage	 	Ancillary purposes to support Chartered Semiconductor’s business operations only
	6
	 	Aesthetic and landscaping control
(along certain major roads)	 	See attached
	+7
	 	Height control
Primary control &
Secondary control (glazing control)	 	See reverse page
	+8
	 	MRT line safety restriction/MRT corridor	 	Nil
	9
	 	Buffer & setback control (JTC)	 	Nil
	+10
	 	ENV’s health & safety buffer control	 	Nil
	+11
	 	Sewer & industrial water easement	 	See Schedule of Statutory Controls
	+12
	 	Vehicular access control from the road	 	See Schedule of Statutory Controls
	+13
	 	Road & drainage widening	 	Nil
	14
	 	Allocation plan attached
Agreement plan attached
Survey plan attached	 	Yes/No*
Yes/No*
Yes/No* (Preliminary/Final Survey)
	15
	 	Road/Drain/Sewer Line/Sewer Easement/ Manhole	 	The lessee is required to obtain service inforamtionf rom Sewerage/Drainage Department
	16
	 	Services	 	The lessee is required to obtain services plans from Power Grid, Power Gas, Sewerage Department, Drainage Dept, Water Dept, Singapore Telecom and relevant authorities to ensure that their proposal will not affect the existing services (if any) within site.
	 
	 	 	 	 
	 
	 	 	 	There is cable running within the subject stie. Lessee to consult Power Grid.
	17
	 	Others (eg special requirements etc.)	 	See Letter of Offer dated









 




			
	+	 	Requirements by the Authorities
	 
	The information in this fact sheet is intended to help you in your applications to the Authorities. Although we hope that it will be of some
assistance, kindly note that we make no representation as to its accuracy.
The information provided may be subject to change without prior notice. You are advised to make independent queries to verify that the
information is correct. Please also check with the Authorities on whether any further information is required.




4 copies : Customer, Consultant, CTG/BU (JTC), PEU (JTC)
pe_fact7.doc




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Height Restriction :



For your information, our current records show that the following maximum height
restriction/s1 apply:





	(a)	 	Ministry of Defence — 100 and 160 metres AMSL;
	 
	 	 	All structures and fixtures above the rooftop such as TV antennas, water tanks, lift motor
rooms, navigation lights, chimney, cranes and lightning conductors are also subject to the
same height limit.
	 
	 	 	MINDEF clearance is required if the proposed development height is > 60m AMSL or =<
15m.
	 
	 	 	Your contractor is required to seek approval from HQ RSAF for the erection of cranes.
RSAF’s clearance required for crane erection if crane height is > 40m AMSL
	 
	(b)	 	Civil Aviation Authority of Singapore — 153 metres AMSL;
	 
	 	 	All structure and fixtures on the rooftop such as water tanks, lift motor rooms, TV antennas
etc are subject to the same height limit. Please also note that the same height is
applicable to construction equipment and temporary structures etc.
	 
	(c)	 	Infocomm Development Authority — 100 metres AMSL; and
	 
	(d)	 	Pollution Control Department, NEA — 67 metres AMSL (subject to NEA’s confirmation).
	 
	 	 	The height constraint is applicable to naturally ventilated building only.
	 
	 	 	Please note that height restrictions are subject to change at any time without prior notice
by the Authorities.
	 
	 	 	All height restriction plans furnished/to be furnished (if any) by us to you must at all
times be held in confidence and shall not be shown, revealed or copied to or by any person,
contractor, sub-contractor, watchman, employee, agent, representative or any other person
except with our prior written consent.






 





 









 











SUMMARY OF JTC’S PRACTICE CIRCULARS DATED 30 OCTOBER 1999

AS AMENDED ON 1 JUNE 2001, 24 APRIL 2002 AND 23 MARCH 2004

ON NOTICE OF MORTGAGE/CHARGE





	1	 	These Practice Circulars were sent to the Association of Banks in Singapore, the Finance
Houses Association of Singapore, and The Law Society of Singapore.
	 
	2	 	The Circulars state that with effect from 15 November 1999, all mortgages and charges created
or transferred in respect of our properties are governed by the Practice Circular. Under this
process, our terms and conditions have been set out upfront to give greater transparency of
our policies, and to assist our customers in obtaining funds quickly with minimum
administrative inconvenience.
	 
	3	 	Consequently, notwithstanding the provisions in the Building Agreement/Agreement for
Lease/Lease, our current policy is that in respect of all mortgages/charges created or
transferred on or after 15 November 1999, we waive our contractual requirement that our prior
written consent must be obtained for the creation/transfer of a mortgage/charge, subject to :






	 	3.1	 	submission of a duly completed Notice of Mortgage/Charge, in the form set out
in Annex A (of the 30 October Circular); and
	 
	 	3.2	 	the terms and conditions set out in Annex B (of the 30 October Circular).






	4	 	The mortgagor/chargor (i.e., licensee/lessee) may authorise their solicitor to duly complete
and submit the Notice on their behalf.
	 
	5	 	Under this process :






	 	5.1	 	the Notice need only be sent to us each time a mortgage/charge is to be created
or transferred;
	 
	 	5.2	 	parties need not inform us of any change in the amount of facilities secured;
	 
	 	5.3	 	our administrative fee has been waived;
	 
	 	5.4	 	the mortgage/charge documents do not have to be endorsed by us; and
	 
	 	5.5	 	copies of the mortgage/charge documents do not have to be sent to us.






	6	 	The terms and conditions of the Practice Circular which the parties must, in particular,
comply with are :






	 	6.1	 	submit the Notice to us prior to the creation or transfer of any
mortgage/charge;
	 
	 	6.2	 	notify us if the mortgage/charge has been discharged or is not proceeded with;
and
	 
	 	6.3	 	ensure that the mortgagor’s/chargor’s solicitor gives the required certificate
in the mortgage/charge documents.





 



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	7	 	Parties who use Annex A (of the 30 October Circular) must at all times ensure that the
integrity of the Notice form is preserved and must not make any changes to it, except for the
insertion of the particulars and signatures required by us.
	 
	8	 	We reserve the full right and liberty to terminate or change this process at any time in
respect of subsequent mortgages and charges.
	 
	9	 	As we receive a large number of Notices every day, we regret that it is not possible for us
to reply and confirm receipt. However, we have no objections to receiving Notices by post
(ordinary/registered/LUM), courier or fax. If a fax copy is sent, it is not necessary for a
confirmation copy to be sent by post. All Notices should be sent to :





The Legal Department

JTC Corporation

The JTC Summit

8 Jurong Town Hall Road

Singapore 609434

Fax : 6885 5884





	10	 	Queries on estate management issues, such as outstanding building premium, investment
criteria, and breaches (including whether a breach has been referred for legal action), may be
directed to our Customer Services Group (CTG), whom you may contact as follows —





CUSTOMER SERVICES GROUP

JTC Corporation

The JTC Summit

8 Jurong Town Hall Road

Singapore 609434

Fax: 6885 5908 / 6885 5909

CONTACT CENTRE HOTLINE : 1800-568-7000





	 	 	Our CTG officers will try to respond to queries as soon as possible. However, due to the
volume and nature of the requests, some queries will take longer to attend to than others.
To help minimise the time taken, please bear in mind the following points —






	 	10.1	 	ordinarily, our licensees/lessees must consent to the disclosure of the
information requested due to the sensitive nature of the queries (as such it is
preferable that our licensee’s/lessee’s written consent to our disclosure is attached
to a request for information);
	 
	 	10.2	 	if there is no requirement for the payment of building premium in the contract,
then there is no necessity to obtain a confirmation from our CTG officer that there is
no outstanding building premium; and
	 
	 	10.3	 	our CTG officer would have written to our licensee/lessee if audited accounts
have been submitted and the investment criteria has been satisfied, and copies of such
letters would be available directly from our licensee/lessee.





 


 


 



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