Allocation and Maintenance of the Premises at 9, 9A, 10 Gilstead Road
At the hearing on 24 July 2014, the Judge informed parties that she has decided on what the terms of the Scheme should be. She then proceeded to outline those terms, and directed parties to prepare a draft Scheme document to record the terms. The draft is then to be placed before the Judge for her final approval.
The terms of the Scheme as outlined by the Judge dealt with the following 2 main issues: (1) allocation of premises, and (2) maintenance.
Allocation of Premises
With regard to allocation of premises, the terms are as follows:
The whole of the Sanctuary is allocated for LBPC’s use, subject to the following:
(1) FEBC is entitled to use the main hall of the Sanctuary on:
(a) the morning (8:30 am to 12:30 pm) of the first Monday in January every year (for FEBC’s opening day of prayer);
(b) the morning (8:30 am to 12:30 pm) of the third Monday in July every year (for FEBC’s opening day of prayer);
(c) every Monday and Thursday evening (7:30 pm to 9:30 pm) for FEBC night classes; and
(d) every weekday morning (8:30 am to 12 pm) of the 1st week of May every year.
(1) The whole wing of the L-Annex where the kitchen and FEBC hall are located (i.e. all the floors making up that wing) is allocated to FEBC.
(2) As regards the other wing of the L-Annex:
(a) The whole of the ground floor (where the kindergarten and including the bookroom) is allocated to LBPC.
(b) The whole of the 2nd and 3rd floors are allocated to FEBC.
(1) FEBC is entitled to use the 1st floor of the Conserved Building on weekdays from 8:30 am to 6 pm. Subject to this, the 1st floor is allocated to LBPC.
(2) The whole of the 2nd floor of the Conserved Building is allocated to FEBC.
New Building (the 5-storey block)
(1) The MPH on the 1st floor of the New Building shall be generally for LBPC’s use. However, FEBC may (by request made one month in advance) use the MPH for a maximum of 12 five-day weeks (i.e. weekdays, from 8:30 am to 6 pm) every year.
(2) The 2nd and 3rd floors of the New Building are allocated to LBPC.
(3) FEBC is entitled to use the 3 classrooms on the 4th floor during weekdays from 8:30 am to 6 pm. Subject to this, the whole of the 4th floor will be for LBPC’s use.
(4) As regards the 5th floor of the New Building:
(a) The so-called Warden’s Quarters and the 2 small lecture rooms are allocated to LBPC.
(b) The 2 other bigger rooms that flank either side of the toilet are allocated to FEBC.
(1) 3 lots in 9/9A will be reserved for LBPC.
(2) 3 lots in 9/9A will be reserved for FEBC.
(3) All other lots (including lots on 10 Gilstead Rd) available on a first-come first-served basis.
As regards maintenance, the terms are as follows:
(1) Areas allocated to the exclusive use of a party are to be maintained by that party.
(2) As for common areas (e.g. roofs, walls, drains, carpark, etc) and shared areas (e.g. MPH in new building), maintenance costs are to be shared on a “proportionate basis” according to each party’s “share value”.
(3) Jones Lang is to take into account allocation of areas and work out the applicable “share value” for each party.
(4) A General Maintenance Fund (“GMF”) is to be set up, with an initial deposit of S$10,000. Each party is to contribute to this S$10,000 proportionately by reference to each party’s share value. As and when the fund falls below S$5,000, the parties are to top up to S$10,000 in the same proportion based on each party’s share value.
(5) The monies in the GMF are to be held in a joint account, which will be operated by one signatory from each party.
(6) If there is any disagreement in relation to maintenance and/or use of GMF funds, the following dispute resolution procedure (the “Resolution Procedure”) shall apply:-
(a) Parties are to take part in mediation under the auspices of the Singapore Mediation Centre.
(b) If mediation does not lead to a resolution, the dispute is to be resolved by ad hoc arbitration by a single arbitrator appointed by the Chairman of the Court of SIAC (Singapore International Arbitration Centre). Any such ad hoc arbitration is to be completed within 2 months of the arbitrator being appointed (note: this is to ensure that the dispute is resolved quickly).
(7) The GMF funds are to be used for routine and usual maintenance work.
(8) If any major work (i.e. not routine and usual maintenance work) is required, parties are to discuss and agree upon what work needs to be done and how. If parties cannot agree, the Resolution Procedure (described above) shall apply.
The Judge has directed that the draft Scheme document is to be submitted to her by 15 August 2014. We will then need to appear before the Judge again. The date for that hearing has tentatively been fixed for 19 August 2014 (4 pm).
read more: http://www.febc.edu.sg/assets/weekly2014/weekly-volxi-no44.htm