Sample form of waiver letter for temporary variation of the use of a building
The following is a sample form of waiver letter for temporary variation of the use of a building. Unless otherwise specified or required, the particulars to be inserted in the blanks in the sample form depend on the basic terms agreed between the applicant(s) and Government.
Applicant(s) should note that this sample form of waiver letter is provided for information only without any warranty or representation whatsoever on the part of Government that a waiver will be approved, and if approved a waiver letter when issued will contain the same terms and conditions as in the sample form. Government has the right in its absolute discretion to vary any of the term and conditions in the sample form as well as to impose additional terms and conditions. The waiver letter when issued will contain such terms and conditions as Government considers necessary or appropriate.
Dear Sirs,
(Lot No. and address)
I have to inform you that in consideration of your payment to the Government of the Hong Kong Special Administrative Region (hereinafter referred to as “the Government”) of [a waiver fee and] an administrative fee amounting to $ (the receipt whereof is hereby acknowledged), the Government has approved and I hereby grant on behalf of the Chief Executive a temporary waiver (hereinafter referred to as “the waiver”) of the restriction contained in the *[Lease/Special Condition No. of Conditions of ] as varied or modified by a letter dated the day of (hereinafter referred to as “*[the Lease/the Conditions]”) under which the above-mentioned lot is held, so as to permit *[the use/ ]of the above-mentioned premises (hereinafter referred to as “the Premises”) for the purpose of . The waiver is granted subject to the following terms and conditions :-
| (1) | The waiver shall be for a term of ; | ||
| ( ) | [Insert terms and conditions to suit each particular case ]; | ||
| ( ) | You shall indemnify and keep indemnified the Government, its officers and servants, from and against all actions, costs, claims and demands arising directly or indirectly out of or in connection with the use of the Premises or any part thereof for the purpose of ; | ||
| ( * ) | You have deposited with the Director of Lands (hereinafter referred to as “the Director”) the deposit of $ as security for the due performance and observance of the terms and conditions hereof. Such deposit may be used to offset any monetary loss or damage sustained by the Government in respect of any breach by you of the terms and conditions herein contained, but without prejudice to the Government's right to claim for any further or additional damages which it shall have sustained or may sustain as a result of your breach should the deposit be insufficient to offset the loss. Subject to paragraph No. ( + ) hereof, the deposit shall remain deposited with the Director throughout the term of the waiver and shall upon the expiration or sooner determination of the period in respect of which the waiver is granted and upon your duly observing and performing your obligations under the waiver, be refunded to you but without interest; | ||
| ( ) | That in the event of the fee hereby reserved or any part thereof not being paid on the due date for payment thereof (whether formally demanded or not) you shall pay interest to the Government on such amount of the fee reserved as is unpaid on the due date or dates calculated from the day immediately following the due date or dates until payment of all fee due and interest thereon has been paid by you to the Government, such interest to be at a rate which is equivalent to two per cent per annum above the prevailing Best Lending Rate of The Hongkong and Shanghai Banking Corporation Limited; | ||
| ( # ) | That in the event of the waiver hereby granted not being terminated within three years from the commencement thereof the fee hereby reserved may be increased by the Government at its sole discretion on or after the expiry of every third year of the term of the waiver by the Government giving to you not less than calendar month's prior notice to that effect. As from the date being the effective date as stipulated in such notice such increase shall take effect whereupon the increased fee shall be deemed to be substituted for the fee previously in force under the waiver PROVIDED that no such revision shall take effect within three years of the immediately preceding revision and PROVIDED FURTHER that the parties hereto expressly agree that nothing herein contained shall imply an intention on the part of either party that the waiver shall not be terminated in accordance with the provisions of the waiver; | ||
| ( + ) | That in the event of the fee hereby reserved is being increased under paragraph No. ( # ) hereof the deposit deposited with the Director in accordance with paragraph No. ( * ) of the waiver may be increased by the Government at its sole discretion upon the Government giving to you not less than calendar months' prior notice to that effect. As from the date being the effective date as stipulated in such notice such increase shall take effect and in this connection, you shall pay to the Director on or before the said effective date a sum equivalent to the difference between the deposit previously deposited with the Director under the waiver and the deposit as so increased whereupon the deposit as so increased shall be deemed to be substituted for the said deposit previously deposited with the Director under the waiver PROVIDED that the parties hereto expressly agree that nothing herein contained shall imply an intention on the part of either party that the waiver shall not be terminated in accordance with the provisions of the waiver; | ||
| ( ) | The waiver hereby granted shall be revoked forthwith upon notice by the Government in the event of any reasonable complaint by the owners or occupiers of the building or buildings standing on Lot No. or by the owners or occupiers of any properties adjacent to the Premises against the use of the Premises for the purpose of . In the event of such revocation, no compensation whatsoever shall be paid to you by the Government; | ||
| ( ) | Except as hereby temporarily waived all the *[provisions, covenants, stipulations, exceptions, reservations, powers and conditions/General and Special Conditions] contained in the *[Lease/Conditions] shall remain in full force and effect; | ||
| ( ) | Nothing contained in this letter shall prejudice any of the rights and remedies of your co-owners under the Deed of Mutual Covenant dated the day of and registered in the Land Registry/ New Territories Land Registry by Memorial No. ; | ||
| ( ) | Nothing contained in this letter shall prejudice any of the rights and remedies of your Chargee/Mortgagee, , under the Legal Charge/Mortgage dated the day of and registered in the Land Registry/ New Territories Land Registry by Memorial No. . | ||
| ( ) | Nothing contained in this letter shall prejudice any of the rights and remedies of your Chargee/Mortgagee, , under the Legal Charge/Mortgage dated the day of and registered in the Land Registry/ New Territories Land Registry by Memorial No. . | ||
| 2. | If the foregoing terms and conditions are acceptable to you, please signify your acceptance thereof by signing the docket on both copies of the waiver. Your signature must be duly witnessed. [I note that the Premises are in mortgage to the . It is essential the consent of your Mortgagee be obtained to the foregoing terms and conditions by having such consent endorsed in the manner indicated below, on both copies of the waiver.] After you have signed [and the consent of the Mortgagee has been duly endorsed,] please return all copies of the waiver to me, whereupon the waiver will be registered by Memorial at the Land Registry/ New Territories Land Registry. After registration the original of the waiver will be returned to you for retention with the documents of title in your possession. | ||
| 3. | If on the expiration of 28 days from the date of the waiver your acceptance of the above terms has not been formally signified in accordance with paragraph 2 above, the Government's approval of the waiver on these terms shall be deemed to have been automatically withdrawn. | ||
| ( | ) | |
| for District Lands Officer, | ||
c.c. LACO(District)
| Witness | ||||||||
| (Signature and name in block letters) | (Signature of | |||||||
| OR | ||||||||
| H.K.I.D. Card No. : | Seal of | |||||||
| Address : | and signatures and names in block letters of its attesting officers and description of their offices) | |||||||
| Date: | ||||||||
* I/We, [ Insert the name(s) of the mortgagee(s) ] being the registered mortgagee(s) of the Premises hereby consent to the issue of the waiver on the above terms and conditions to [ Insert the name(s) of the owner(s) ] and formally acknowledge that I/We have no objection to the acceptance of such terms and conditions by [ Insert the name(s) of the owner(s) ]
| Dated the | day of 19 |
| _____________________________ |
| Signed for and on behalf of |
| [ Insert the name(s) of the mortgagee(s) ] |
* For use where the lot is subject to a mortgage
WVRLTR07
