GOH CHENG SEE REALTY SDN BHD (Company No.: M) (In Liquidation) TENDER GCSR/1

Transcription

1 GOH CHENG SEE REALTY SDN BHD (Company No.: M) (In Liquidation) TENDER GCSR/1

2 TENDER FORM To: The Liquidators Goh Cheng See Realty Sdn Bhd (In Liquidation) c/o Ler Lum Advisory Services Sdn Bhd B-3-11, Megan Avenue II No. 12, Jalan Yap Kwan Seng Kuala Lumpur I/We (NRIC/Company Registration No. ) of hereby irrevocably tender for the purchase of the following properties on an as is where is basis, subject to the terms and conditions herein contained in the Special Conditions of Sale as attached. No. Brief Description Unit No. 1. Commercial units 7-G-1 7-G-2 7-G Office units Price Tendered (RM) 10% of Tender Sum (RM)

3 No. Brief Description Office units (con t) Unit No Price Tendered (RM) 10% of Tender Sum (RM) Apartment units

4 No. Brief Description 4. Car parking bays Floor No. of bays for sale Ground 13 4 th 54 No. of bays to tender Price per bay (RM) Total Price Tendered (RM) 10% of Tender Sum (RM) 5 th 62 6 th 62 7 th 26 Total 217 Total Ringgit Malaysia: I / We understand fully that the sale by you is expressly subject to the Special Conditions of Sale of which I / we have read or am / are deemed to have read. I / We understand that the sale is on an as is where is basis without vacant possession and that no warranties or representations expressed or implied are given either as to the condition of the properties offered or as to the suitability of such properties for any particular purpose. I / We understand that the Liquidators are not bound to accept the highest or any tender. I / We enclose Bank Draft / Cashier s Order No. for RM representing ten (10) per cent of the tender sum in accordance with the terms and conditions stated in the Special Conditions of Sale. Signature / Company Stamp Date: Full Name Address Telephone no. Facsimile no. address

5 IMPORTANT: This tender must be submitted in a sealed envelope marked TENDER GCSR/1 to reach the Liquidators on or before 7 th May 2012 at 4.30 p.m. For office use only Ref. No. Attended By Tendered Price Deposit Paid Balance Due Sale Approved By

6 SALE BY TENDER SPECIAL CONDITIONS OF SALE 1. INSPECTION 1.1 Tenderer(s) is/are advised to make their own enquiries, assessment and/or investigation on the properties tendered in all aspect prior to submission of their tender bid. 1.2 Tenderer(s) either themselves or their agents shall be deemed to have inspected the properties tendered for. 2. WARRANTIES 2.1 The properties offered for sale are to be sold on an as is where is basis without vacant possession. 2.2 No warranties or representations expressed or implied is either given as to the condition of the properties offered or as to the suitability of such properties for any particular purpose(s). 2.3 Further information of the properties as annexed herein First Schedule, are unverified information by the Liquidators and the same are not tantamount to warranty and/or representation made by the Liquidators. Tenderer(s) should make arrangement to view the properties. 3. IDENTITY 3.1 Tenderer(s) shall admit the identity of the properties tendered for with that comprised in the muniments offered by the Liquidators as the title of the properties upon evidence afforded by the comparison of the description in the particulars and the muniments respectively. 3.2 The properties are believed and shall be taken as correctly described and are sold subject to all easements, liabilities and rights (if any) subsisting thereon or thereover without any obligation arising to define the same respectively and no error, mis-statement or mis-description, incorrect measurement or change in the condition or state of any of the properties shall annul the sale nor shall any compensation and reduction in the purchase price in respect thereon. 4. BIDS 4.1 Bid(s), either on en bloc or a piece meal basis must only be made for the properties in the format of the Tender Form.

7 5. TENDERS 5.1 A specific sum in Ringgit Malaysia payable in Malaysia is to be offered. 5.2 The Tenderer(s) name and address must be clearly stated in full. 5.3 The Tender Form is to be completed as stipulated and directed in the Tender Form. 5.4 Tenderer(s) shall include their respective assigns, successors in title, heirs and/or personal representatives. 6. ACCEPTANCE 6.1 The Liquidators are not bound to accept the highest or any tender and the Liquidators decision shall be final without having to give any reasons. 6.2 The acceptance of any tender by the Liquidators and communicated in writing to the successful Tenderer shall constitute a valid agreement and shall bind the successful Tenderer and Goh Cheng See Realty Sdn Bhd (In Liquidation) as if an agreement under any written law relating to the sale and purchase has been properly constituted and executed. 6.3 The Liquidators may at his own discretion, request the Tenderer(s) to improve the tender price in the event the tender price does not match or is not better than minimum price. 6.4 Upon communication to the successful Tenderer by the Liquidators of the acceptance of his/their tender, the successful Tenderer shall forthwith execute the Sale and Purchase Agreement ( SPA ) relating to the sale, within 14 days from the date of communication. 6.5 The SPA will be prepared by the Liquidators solicitors and the costs thereto shall be borne by the Tenderer. The stamp duty on the SPA is to be paid by the Tenderer. 6.6 In the event that the successful Tenderer failed to execute the SPA, the deposit made under paragraph 7.1 shall be forfeited and retained by the Liquidators as agreed liquidated damages. 6.7 The Liquidators shall not be held liable for breach of paragraphs 6.2 and 6.3 strictly in the event that properties cannot be delivered, third party lien imposed on the properties tendered and/or other matter(s) beyond the control of the Liquidators. As such, the successful tenderer(s) will have their deposit refunded without interest upon communication on the matter(s) in writing.

8 7. DEPOSITS 7.1 All tenders submission must be accompanied by a forfeitable deposit equivalent to ten (10) per cent of the tendered price to be paid by way of Bank Draft/Cashier s Order and to be made in favour of Goh Cheng See Realty Sdn Bhd (In Liquidation). Any tender submission is not accompanied by such deposit shall not be considered. 7.2 The successful Tenderer is required to pay the balance ninety (90) per cent tendered sum in favour of Goh Cheng See Realty Sdn Bhd (In Liquidation) within ninety (90) days from the date of SPA, or if consent is required from the State Authorities, within ninety (90) days from the date the consent is received by the successful Tenderer. 7.3 Subject to paragraph 7.4 below, the deposit(s) paid by the successful Tenderer(s) shall be accepted as part payment of the total tendered price if the sale is completed. 7.4 Where the successful Tenderer(s) fails to complete the transaction in all respects and in accordance with paragraphs 7.2 and 8, the Liquidators absolutely reserve the right to terminate the sale and forfeit all deposits paid as agreed liquidated damages and not by way of penalty. 7.5 Tenderer(s) will have their deposits refunded without interest upon rejection. 8. PAYMENT 8.1 Payment in Ringgit Malaysia of the total purchase price ( Purchase Price ) less the amount already deposited as described under paragraph 7.1, is to be made to the following addressee by way of Bank Draft/Cashier s Order, whichever the case may be, from the date of notification of acceptance of tender by the Liquidators: The Liquidators Goh Cheng See Realty Sdn Bhd (In Liquidation) c/o Ler Lum Advisory Services Sdn Bhd B-3-11, Megan Avenue II No. 12, Jalan Yap Kwan Seng Kuala Lumpur Tel no.: Where the successful Tenderer(s) fails to pay the full purchase price for the properties tendered for within the time stipulated in paragraph 7.2 or within such extended time that may be granted by the Liquidators, the Liquidators reserve the right to cancel the sale and absolutely forfeit any deposit(s) paid under paragraph 7.1 as agreed liquidated damages and not by way of penalty. Thereafter, the Liquidators shall have the liberty to sell or otherwise dispose of the properties to any party or parties at such price or in such manner as the Liquidators shall deem fit.

9 9. LEGAL FEES 9.1 The successful Tenderer(s) shall bear all costs, expenses, fees, stamp duty in relation to all matters to procure the registration and/or to give effect of an interest over the properties in the name of the successful Tenderer(s) including the procurement of the release of assignment and any other matters related thereto. 10. NOTIFICATION TO DEVELOPER AND STRATA TITLES 10.1 The individual strata titles for the properties have not been issued by the Land Registry under the Strata Title Act Any costs, expenses, fees in relation to all matters above mentioned and/or the issuance of the strata titles are to be borne by the successful Tenderer(s) The issuance of individual strata title is not a condition precedent to the completion of sale as the properties are sold on an as is where is basis. 11. PAYMENT OF OUTGOINGS ETC 11.1 The successful Tenderer(s) shall pay all outgoings including all arrears of maintenance charges payable to property management company of Menara Riverview, quit rent, assessments to local authorities, insurance premium, water rates, electricity bill, sewerage and drainage bills, assessment tax, late payment interest and any other outgoings, if any, payable in respect of the property It is the sole and absolute responsibility of and the onus is on all intending Tenderer(s) to seek and obtain confirmation from the property management company of Menara Riverview and/or the relevant authorities or bodies, and to satisfy themselves on the same and all matters in connection with the properties prior to the submission of the tender, as to the above paragraph 11.1 outgoings and arrears of maintenance charges payable to them. The Tenderer(s) shall be deemed to have full knowledge of all of the matters aforesaid and the Liquidators shall not in any way be responsible or liable to the Tenderer(s) in respect of any of the aforesaid The Company shall not be responsible for outstanding charges and reconnection of the utilities supplies including water, telephone and electricity to the properties, if any. 12. REMOVAL OF ENCUMBRANCES 12.1 The successful Tenderer(s) shall, at his/their costs and expenses, cause all encumbrances, including private caveats lodged by any party (other than the successful Tenderer) or anybody claiming under or through the successful Tenderer(s) against the properties, if any, to be removed on or before the completion of the sale.

10 13. COST OF TRANSFER 13.1 Cost of transfer and all other fees payable in connection with the sale of the properties shall be borne by the successful Tenderer. 14. RISK 14.1 As from the date of acceptance of the tender by the Liquidators, the properties shall be at the sole risk of the successful Tenderer as regard to losses and/or damages caused by fire or other accident/perils whatsoever. 15. POSSESSION 15.1 Legal possession shall be deemed effected upon completion of all legal documentations, other relevant formalities and settlement of the full Purchase Price within the time stipulated in paragraphs 7 and 8 and all other monies payable to the Liquidators under the SPA in respect of sale of the properties inclusive of obtaining approval by the successful Tenderer, where applicable, from such State and/or Federal Authorities in which all such approval need necessarily be obtained within such time agreed upon between the successful Tenderer and Goh Cheng See Realty Sdn Bhd (In Liquidation). 16. APPROVAL FROM RELEVANT STATE AND FEDERAL AUTHORITIES 16.1 Where applicable, the sale is subject to express approval being obtained by the successful Tenderer(s) from the relevant State and/or Federal Authorities from whom all such approvals need necessarily be obtained for the completion of the purchase, by the purchaser and the cost, if any, is to be borne by the purchaser. 17. SANCTION BY COURT WHEN NECESSARY 17.1 The Liquidators may, if necessary, obtain an order from the Court sanctioning the sale. 18. TIME IS ESSENCE OF CONTRACT 18.1 Time whenever mentioned shall be of the essence. 19. EXCLUSION OF PERSONAL LIABILITY 19.1 The tenderer(s) hereby agrees and acknowledges that the Liquidators are acting as agents of Goh Cheng See Realty Sdn Bhd (In Liquidation) and accordingly the Liquidators shall have no personal liability under this document and the SPA, which is to be executed.

11 20. OTHER TERMS AND CONDITIONS 20.1 The Liquidators reserve the rights to cancel or suspend the sale in circumstances they deem appropriate and the Liquidators shall have no liabilities or obligations for such cancellation or suspension. Under such circumstances, the Security Deposit paid shall be refunded without any interest Pending execution of the sale and purchase agreement(s) by the parties, the terms and conditions stated in the Special Conditions of Sale to TENDER GCSR/1 shall prevail The Liquidators reserve the rights to disqualify any tender who fails, in the Liquidators sole and absolute judgment, to comply with the terms set out by the Liquidators without any liability, obligation and giving any reasons Any other terms that may be advised by our legal counsel as deemed fit. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

12 FIRST SCHEDULE 1.0 MASTER TITLE PARTICULARS Strata titles for the properties for sale have not been issued by the Land Registry under the Strata Title Act. Details of the master title extracted from a recent search at the Penang Registry of Land Titles, Georgetown, Pulau Pinang are as follows: Title No. : Geran Lot No : Lot 1522 Section : 9W Town : Georgetown District : North-East State : Penang Land area : 3,313 square metres (35,661 square feet) Category of land use : Building Annual Rent : RM8, Tenure : Freehold Registered owner : Goh Cheng See Realty Sdn Bhd Express condition : Tanah ini hendaklah digunakan untuk tujuan perniagaan dan kediaman sahaja Restriction in interest : Nil Encumbrances: : The land is presently charged to Malaysia Building Society Berhad vide Presentation No. 0799SC , Volume No. 652, Folio No. 36 registered on 3 August 1995 Caveat : There were 2 private caveats endorsed on the title document

13 2.0 PLANNING The subject properties are designated for commercial, office and residential use. 3.0 LOCATION The subject properties are situated within a residential cum commercial development known as Menara Riverview, Jalan Jelutong, Pulau Pinang. Geographically, Menara Riverview is located about 1.5 kilometres due south-west of Kompleks Tun Abdul Razak (KOMTAR), the prominence landmark in Georgetown cum the main administrative building of Penang state government. Menara Riverview lies on the east side of Jalan Jelutong, one of the main arterial road within Georgetown which connecting the latter to Jelutong town to the south-west. Access to the properties from KOMTAR is via Jalan Gurdwara, Lebuh Macallum, Jalan C.Y. Choy and thence onto Jalan Jelutong which leads to Menara Riverview. Appendix I shows the approximate location of Menara Riverview in the Location Plan. 4.0 DESCRIPTION OF PROPERTIES FOR SALE 4.1 The properties for sale comprise 12 commercial units and 34 office units located within podium commercial block and 6 apartment units located within the tower residential block. a) Commercial units for sale No. Unit Floor area Storey no. no. (Sq. feet) Postal address 1 - Ground Floor 14,515 7-G-1, Jalan Jelutong 2 - Ground Floor 90 7-G-2, Jalan Jelutong 3 - Ground Floor 90 7-G-3, Jalan Jelutong 4-1 st Floor 17, , Jalan Jelutong 5 Lot 1 2 nd Floor 2, , Jalan Jelutong 6 Lot 2 2 nd Floor 2, , Jalan Jelutong 7 Lot 3 2 nd Floor 2, , Jalan Jelutong 8 Lot 4 2 nd Floor 6, , Jalan Jelutong 9 Lot 1 3 rd Floor 3, , Jalan Jelutong 10 Lot 2 3 rd Floor 1, , Jalan Jelutong 11 Lot 3 3 rd Floor 4, , Jalan Jelutong 12 Lot 4 3 rd Floor 5, , Jalan Jelutong

14 b) Office units for sale No. Unit Floor area Storey no. no. (Sq. feet) Address 1 Lot 1 9 th Floor 1, , Jalan Jelutong 2 Lot 2 9 th Floor 3, , Jalan Jelutong 3 Lot 3 9 th Floor 4, , Jalan Jelutong 4 Lot 4 9 th Floor 1, , Jalan Jelutong 5 Lot 5 9 th Floor 1, , Jalan Jelutong 6 Lot 6 9 th Floor 1, , Jalan Jelutong 7 Lot 7 9 th Floor 1, , Jalan Jelutong 8 Lot 8 9 th Floor 1, , Jalan Jelutong 9 Lot 9 9 th Floor 1, , Jalan Jelutong 10 Lot 10 9 th Floor 1, , Jalan Jelutong 11 Lot 11 9 th Floor , Jalan Jelutong 12 Lot 12 9 th Floor , Jalan Jelutong 13 Lot 13 9 th Floor 1, , Jalan Jelutong 14 Lot 1 10 th Floor 1, , Jalan Jelutong 15 Lot 2 10 th Floor 3, , Jalan Jelutong 16 Lot 3 10 th Floor 4, , Jalan Jelutong 17 Lot 4 10 th Floor 1, , Jalan Jelutong 18 Lot 5 10 th Floor 1, , Jalan Jelutong 19 Lot 6 10 th Floor 1, , Jalan Jelutong 20 Lot 7 10 th Floor 1, , Jalan Jelutong 21 Lot 8 10 th Floor 1, , Jalan Jelutong 22 Lot 9 10 th Floor 1, , Jalan Jelutong 23 Lot th Floor 1, , Jalan Jelutong 24 Lot th Floor , Jalan Jelutong 25 Lot th Floor , Jalan Jelutong 26 Lot th Floor 1, , Jalan Jelutong 27 Lot 1 12 th Floor , Jalan Jelutong 28 Lot 2 12 th Floor , Jalan Jelutong 29 Lot 3 12 th Floor 1, , Jalan Jelutong 30 Lot 4 12 th Floor , Jalan Jelutong 31 Lot 6 12 th Floor , Jalan Jelutong 32 Lot 7 12 th Floor , Jalan Jelutong 33 Lot 8 12 th Floor , Jalan Jelutong 34 Lot 9 12 th Floor , Jalan Jelutong Appendix II shows the floor plan of commercial and office units at their respective floors.

15 c) Apartment units for sale No. Type Storey no. Floor area (Sq. feet) Address 1 B 21 st Floor 1, , Jalan Jelutong 2 C 21 st Floor 1, , Jalan Jelutong 3 A 22 nd Floor 1, , Jalan Jelutong 4 B 22 nd Floor 1, , Jalan Jelutong 5 C 22 nd Floor 1, , Jalan Jelutong 6 D 22 nd Floor 1, , Jalan Jelutong Each apartment unit will be allocated 2 car parking bays as accessory parcels at Level 8 of Menara Riverview. Appendix III shows the floor plan of apartment units located at 21 st and 22 nd Floor. 4.2 There are 217 remaining car parking bays located at the following floors within Menara Riverview which are available for sale:- Floor No. of bays Ground Floor 13 4 th Floor 54 5 th Floor 62 6 th Floor 62 7 th Floor 26 Total SERVICES Essential public utilities such as mains water, electricity supply and telephone lines are connected to Menara Riverview. Transportation facilities in the form of buses and taxis are available along Jalan Jelutong. The common facilities which are provided for the residents include swimming pool, gymnasium, sauna, car parking bays and 24-hour security. The monthly service charge imposed by the property management company of Menara Riverview for commercial and office units is RM0.225 per square foot and apartment units is RM0.15 per square foot. Public amenities and services such as refuse collection, street lighting, road maintenance and upkeep are undertaken by Majlis Perbandaran Pulau Pinang.

16 6.0 NEIGHBOURHOOD The locality within which the subject property is located is predominantly a mixture of commercial, residential and light-industrial in nature. Located along Jalan Jelutong are mostly commercial premises consist of two to five storey in height with some institutional buildings. Also found in the immediate vicinity are flatted factories within Menara Perdana, Kompleks Adorna Gold and Penang Gold and Jewelry Exchange Centre. Notable highrise flat and apartment buildings in the vicinity include Desa Selatan, Taman Kilangin, Taman Sungai, Taman Patani, Taman Seri Pinang and Serendah. Kompleks Tun Abdul Razak (KOMTAR), a comprehensive one-stop commercial/office/recreational centre which houses a 65-storey office tower block, a 4 storey podium block, an 11 storey car park and a geodesic dome lies about 1.5 kilometers to the north. The ESSO and BP petrol stations lie a short distance away to the south. The trend of development in the locality is towards residential and commercial usage. 7.0 BUILDING Menara Riverview, the building within which the properties are located is developed with a 24-storey integrated commercial, office and residential building which comprise 11-storey of podium commercial/office block and 13-storey of tower residential block. It is built upon together with a split-leveled multi-storey car parking on Level 4 to Level 8. The building is constructed of reinforced concrete framework with infill and plastered bricks wall and the frameless reflective tempered glass curtain wall for the ground floor to third floor and ninth floor to twelfth floor and covered with reinforced concrete flat roof. The floors for the lobby, footway and lavatories are finished with ceramic tiles whilst other areas are of cement screed throughout. The ceiling for lift lobby, footway and toilet are of acoustic suspended type whilst other areas are of fairfaced concrete. The external wall of the podium commercial/office block fitted with frameless reflective tempered glass curtain walls except for the car parking levels whilst the tower residential block is of plastered bricks wall with emulsion paint. Other internal walls such as the lift lobby, footway and lavatories finished with ceramic tiles. The entrance into each unit is generally fitted with timber panel fire rated door and internal doors are of flush timber type.

17 Vertical access to the upper floors is via four (4) passenger lifts which serve all the levels within podium commercial block whilst the tower residential block serving by the same two (2) passengers lifts. A number of reinforced concrete staircases are located at strategic locations within the building. Separate male and female lavatories are available on every floor of podium commercial/ office block. The subject building is installed with standard electrical and sanitary fittings. 8.0 OCCUPANCY STATUS 8.1 TENANCY The commercial unit identified as 7-G-1 is presently tenanted to a company dealing with furniture.

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