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POWER OF ATTORNEY
A POWER OF ATTORNEY granted on the ________ day of __________ by
_______________________ a company incorporated in the Republic of Singapore
and having its registered address at ________________________ (hereinafter
called “the Land Owner”) to ________________________________ a company
incorporated in the Republic of Singapore and having its registered office at
___________________________________ (hereinafter called “the Attorney”).
WHEREAS :-
(a) The Land Owner is the registered proprietor for an estate in fee simple
of the land comprised in Lot(s) __________________ of MK/TS known as and
situated at ________________________________ (hereinafter called “the Land”).
(b) By a Joint Venture Agreement dated the _______ day of __________
(hereinafter called “the Agreement”), the Attorney and the Land Owner have agreed
to pursue a joint venture to construct and complete a residential housing
development on the Land (hereinafter called “the Project”).
(c) Upon completion of the Project, the Attorney is entitled to certain strata
units therein (hereinafter called “the Units”).
(d) Under the terms of the Agreement, the Land Owner was entitled to and
did assign all its rights title interest benefits advantages permits licences and
remedies in under or arising out of the Agreement to the Attorney.
(e) Under the terms of the Agreement, the Land Owner has agreed to
execute such agreements or deeds as may be required to procure the development
of the Project. The Land Owner has also agreed to transfer the Units to the Attorney
or such other purchaser of the Units as the Attorney shall direct and pursuant thereto
will enter into any options, agreements, deeds or documents as shall be necessary
to enable the Attorney to market and sell all of the Units.
Now, the Land Owner HEREBY APPOINTS the Attorney and each of the
authorised officers of the Attorney for the time being to be the true and lawful
attorney of the Land Owner will full power to substitute, appoint and discharge from
time to time one or more attorneys in the name of the Land Owner and on the Land
Owner’s behalf to execute or do all or any of the following acts, deeds and things :-
1. To make and submit applications and plans to the appropriate government
departments, local authorities or other competent authorities and execute,
swear or affirm all documents, deeds, plans, instruments and declarations for
the purpose of obtaining or securing or renewing any planning permissions,
building plan approval, Temporary Occupation Permit or Certificate of
Statutory Completion or any other licences, approvals, permits or exemptions
in connection with or incidental to or arising from or necessary or advisable
for the Project and for the construction, erection or affixation of any building
or fixture thereon (hereinafter called “the Project Building”) or for any
demolition or earth clearance works thereon or for the removal of any soil
thereon or therefrom and generally for the construction or earthworks
affecting in connection with, related to or arising from the Project and to
collect, receive and retain such licences, approval, permits or exemptions and
to give a good receipt or acknowledgement therefor.
2. To enter upon and take possession of the Land and to develop the Land for
the Project and to carry out all necessary building, engineering and other
operations on the Land to construct and complete the Project Building in
accordance with the planning permission, building plan approval and any
other licences, approvals or permits issued by any relevant competent
authorities.
3. In connection with the planning permission referred to in Clause (1) above, to
surrender to the State such part of the Land as may be required.
4. To apply for, obtain or secure all necessary governmental approvals, permits
or licences for the subdivision (including strata subdivision) of the Project
Building.
5. To apply to the Registrar of Titles for the issue of separate Subsidiary Strata
Certificates of Title to the Project Building and for this purpose to sign,
execute and lodge the necessary applications at the Singapore Land
Authority.
6. To take and accept delivery of the duplicate Subsidiary Strata Certificates of
Title and/or other documents of title as soon as the same are issued by the
Registrar of Titles and to give good receipts therefor.
7. To deal with the Controller of Housing and all other relevant government
authorities for the purpose of negotiating and obtaining the approval of the
Controller of Housing and all other relevant governmental authorities for any
sale and purchase agreements entered or to be entered into by the Attorney
with any sub-purchaser in respect of the sale of the Units as may be required
under the Housing Developers (Control and Licensing) Act (Chapter 130) or
any other relevant statutory enactment or any statutory re-enactments or
modification thereof for the time being in force.
8. To sign any Caveats and Withdrawal of Caveats relating to the Land or
Project Building as the Attorney shall think fit and to register the said Caveats
and Withdrawal of Caveats with the Singapore Land Authority.
9. To warn off and prohibit and if necessary proceed against in due form of law
all trespassers on the Land and/or the Project Building or any part thereof
and to take appropriate steps whether by action or otherwise to abate all
nuisances.
10. To receive and give effectual receipts and discharges for all or any moneys
which shall or may come to the hands of the Attorney by virtue of the powers
herein contained which receipts shall exonerate the person or persons or
corporation paying such moneys from seeing to the application thereof or
being responsible for the loss or misapplication thereof.
11. To enter into and to sign, seal, execute and perfect as the Land Owner’s act
and deed and to deliver any contract, option, Sale and Purchase Agreement,
conveyance, assignment, transfer, restriction, lease, deed, instrument or
assurance whatsoever in respect of the Units.
12. To appear before any Registrar or other official appointed under any Act or
Ordinance and register any deed, assurance, contract, transfer or other
document relating to the Project and sale of the Units and to pay such fees
and to complete any forms and make any declaration which may be
necessary for the registration thereof.
13. For the Land Owner and in its name to accept service of any writ of summons,
summons plaint, motion, petition or other legal process of any kind in respect
of the Project and sale of the Units and to appear and on the Land Owner’s
behalf to represent in any court and before all judges, magistrates or other
judicial quasi-judicial or administrative officers whosoever as the Attorney
shall think fit.
14. In connection with any of the foregoing to appoint and engage any Advocate
and Solicitor to act for the Land Owner on its behalf for any of the purposes of
these presents.
IT IS HEREBY FURTHER DECLARED as follows :-
(1) Unless otherwise so required, terms defined in the Agreement have the same
meaning where used in this Deed.
(2) This Power of Attorney shall be irrevocable until the completion of the sale
and purchase of the Units in accordance with the terms of the Agreement.
(3) The powers and authorities hereinbefore given to the Attorney shall not be
deemed to be limited to such transactions and matters as are hereinbefore
expressly mentioned by name but are intended to and shall in all cases
extend to all other matters or transactions not hereinbefore precisely
mentioned or defined which may by the Attorney be deemed to be requisite
and expedient to be done or performed for the purposes of these presents.
AND THE LAND OWNER HEREBY RATIFIES AND CONFIRMS AND
PROMISES at all times to allow, ratify and confirm all and whatsoever the
Attorney shall lawfully do or cause to be done by virtue hereof including anything
which shall be done before revocation of this Deed and the Land Owner declares
that as against it and persons claiming under it, anything which the Attorney shall
lawfully do or cause to be done in pursuance of this Deed after such revocation
as aforesaid shall be valid and effectual in favour of any person claiming the
benefit thereof and acting in good faith who before the doing thereof shall not
have had express notice of such revocation and the Land Owner hereby agrees
to indemnify the Attorney against costs, charges, expenses and losses which the
Attorney may incur in the lawful execution of the powers hereby conferred upon
the Attorney.
IN WITNESS WHEREOF the Common Seal of the Land Owner is hereunto
affixed on this ________ day of ________________
The Common Seal of )
)
was hereunto affixed in the presence of :- )
________________________
Director
_______________________
Director
I, , an Advocate and Solicitor of the Supreme
Court of the Republic of Singapore practising in the Republic of Singapore
hereby certify that on the _____day of ____________, the Common Seal of
______________________________ was duly affixed to the written instrument
at Singapore in my presence in accordance with the regulations of the said
company (which regulations have been produced and shown to me).
Witness my hand
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