Ref: «File_No»
Deed of Agreement
Boarding House Financial Assistance Program – New Supply
THIS DEED is made on ……………………… day of ……………………..20…….
BETWEEN: THE SECRETARY OF THE NSW DEPARTMENT OF FAMILY AND COMMUNITY SERVICES,
Of 2 Cavill Ave, Ashfield, NSW 2131 (FACS)
AND: THE PERSON(S) SET OUT IN ITEM 1 OF THE SCHEDULE (“Applicant”)
RECITALS
- The Applicant is the owner of the property set out in Item 2 of the Schedule (“Property”).
- The Applicant has applied to FACS (“Application”) for financial assistance (“Financial Assistance”) under the Boarding House Financial Assistance Program (“BHFAP”) New Supply.
- In support of the Application, the Applicant makes the warranty to FACS as set out in this Deed (“Warranty”) and the Applicant acknowledges that FACS is relying on the Warranty inconsidering the Application.
THIS DEED WITNESSES:
- DEFINITIONS
In this Deed:
(1)terms defined in the Recitals of this Deed shall have such defined meanings; and
(2)unless the context clearly indicates otherwise the following terms shall mean:
Address for Service means the address of each party appearing in this Deed or any other address nominated by any party and notified in writing to all other parties as its new Address for Service.
Applicant's Boarding House means the new generation boarding house to be funded under the Program.
BHFAPG means the Boarding House Financial Assistance Program Guidelines as issued by FACS from time to time.
Boarding House has the same meaning as defined in the BHFAPG.
Business Day means any day that is not a Saturday, Sunday, gazetted public holiday or bank holiday in Sydney, NSW and concludes at 5 p.m. on that day.
Deed means this Deed.
Long term, low-cost rental accommodation has the same meaning as defined in the BHFAPG.
Schedule means the Schedule set out in this Deed.
- ACKNOWLEDGEMENT OF RECEIPT OF BHFAPG AND APPROVAL FOR FUNDING
2.1The Applicant acknowledges that it has received, read and understood a copy of the Boarding House Financial Assistance Program Guidelines (BHFAPG).
2.2The Applicant acknowledges it has been approved for funding of $XX to be paid in five equal instalments over five years, for Y rooms, of which # are single and # are share rooms.
- WARRANTY
3.1The Applicant warrants to FACS that the boarding rooms in the Applicant's Boarding House for which the Applicant has received Financial Assistance will be used solely for long term, low cost accommodation for a period of five years Commencing from the date on which:
(1)the Financial Assistance is paid to the Applicant; or
(2)the Applicant’s Boarding House is lawfully occupied,
whichever is the later.
3.2If the Warranty set out in clause 3.1 is breached howsoever occurring:
(1)FACS may demand by notice in writing that the Applicant immediately repay all the Financial Assistance paid to the Applicant to date which has not been used as per the warranty in Clause 3.1 based on a proportional annual basis over 5 years and the Applicant shall immediately repay to the Corporation all such Financial Assistance; and
(2)the Applicant’s entitlement to any further Financial Assistance shall without further notice terminate immediately.
3.3FACS shall without restriction be entitled to pursue all of its legal rights and entitlements againstthe Applicant arising from the breach of Warranty.
- GOODS AND SERVICES TAX
4.1Anyreference in this clauseto a term defined or used in the A New Tax System (Goods and Services Tax) Act1999 (Cth) is, unless the context indicates otherwise, a reference to that term as defined or used in that Act.
4.2Unless expressly included, the consideration for any supply made under or in connection with this agreement does not include an amount on account of GST in respect of the supply (GSTExclusiveConsideration) except as provided under this clause.
4.3Any amount referred to in this agreement which is relevant in determining a payment to be made by one of the parties to the other is, unless indicated otherwise, a reference to that amount expressed on a GST exclusive basis.
4.4To the extent that GST is payable in respect of any supply made by a party (Supplier) under or in connection with this agreement, the consideration to be provided under this agreement for that supply (unless it is expressly stated to include GST) is increased by an amount equal to the GST Exclusive Consideration (or its GST exclusive market value if applicable) multiplied by the rate at which GST is imposed in respect of the supply.
4.5The recipient must pay the additional amount payable under clause 4.4 to the Supplier at the same time as the GST Exclusive Consideration is otherwise required to be provided.
4.6The Supplier must issue a tax invoice to the recipient of the taxable supply at or before the time of payment of the consideration for the supply as increased on account of GST under clause4.4 or at such other time as the parties agree.
4.7Whenever an adjustment event occurs in relation to any taxable supply made under or in connection with this agreement the Supplier must determine the net GST in relation to the supply (taking into account any adjustment) and if the net GST differs from the amount previously paid under clause4.5, the amount of the difference must be paid by, refunded to or credited to the recipient, as applicable.
4.8If one of the parties to this agreement is entitled to be reimbursed or indemnified for a loss, cost, expense or outgoing incurred in connection with this agreement, then the amount of the reimbursement or indemnity payment must first be reduced by an amount equal to any input tax credit to which the party being reimbursed or indemnified (or its representative member) is entitled in relation to that loss, cost, expense or outgoing and then, if the amount of the payment is consideration or part consideration for a taxable supply, it must be increased on account of GST in accordance with clause4.4.
- NOTICES
5.1Any notice (“Notice”) to be given by FACS to the Applicant under this Deed by either party must be in writing and must be given to the recipient at its Address for Service by being:
(1)hand delivered;
(2)sent by facsimile transmission; or
(3)sent by prepaid ordinary mail within Australia.
5.2A Notice is given under this Deed if :
(1)hand delivered, on the date of delivery;
(2)sent by facsimile transmission during any Business Day, on the date that the sending party’s facsimile machine records that the facsimile has been successfully transmitted; or
(3)sent by prepaid ordinary mail within Australia, on the date that is 2 Business Days after the date of posting.
SCHEDULE
Item 1 Name/s:
(“the Applicant”)
ABN:
Address:
Item 2 Address:
(“the Property”)
Title Reference: Lot No……………………DP……………..
EXECUTED as a deed.
Family and Community ServicesEXECUTED for and on behalf of the Crown in right of the state of New South Wales acting through the NSW Department of Family and Community Servicesby
[insert name of officer with appropriate delegation]
in the presence of:
Signature of Witness of FACS Delegate /
Signature of Delegate of FACS
Name of Witness in FULL /
Name of Delegate in FULL
Applicant - Company
Signed for and on behalf of the Applicant )
in accordance with its Constitution )......
......
Director/Secretary Name
Applicant – Person 1
Signed by the Applicant )......
in the presence of: )......
......
Witness Name
Applicant – Person 2
Signed by the Applicant )......
in the presence of: )......
......
Witness Name