Contract Pape

7/30/2019 Contract Pape

1/15

Deed of Agreement This Deed agreement is made on the------------------- two thousand four Christianeras. XYZ PROPERTIES LTD. Is a duly registered company under the companiesAct, 1994 having its rejistered office at Plot # 3 Main Road, Section # 11, (1stfloor), Mirpur, Dhaka-1216, Bangladesh represented by its Managing Director Mr.M.A. Elahi hereinafter referred to as the Developer first Party which expressesthe context where so admits shall include its successors, Administrators,executors, legal representatives and assigns, of the first part.

AND

Mr. . /O ..Phone:-0173-015731. Hereinafter referred to as the Allottee which expression where thecontext so admits shall include her heirs, successors, administrators, executors,legal representatives and assigns, of the second part.

WHEREAS

All that piece or parcel of land measuring an area of more or less 3.00 Kathas

situated at Mirpur, Dhaka in the Sub Registration Mirpur, Dhaka being plot # 3,Road # 28, Pallabi, Mirpur, Dhaka.

AND

Whereas under a Bilateral Agreement with the Builder Dated ------------------ the builder obtained the authority and right subsequently virtue of a registeredIrrevocable power of Attorney dated from the Land Owners to constructin the scheduled Land a 6(Six) storied Apartment Building at plot # 3, Road # 28Pallabi, Mirpur, Dhaka at the cost of the Builder. The Land owner gave the

Builder the aforesaid Power of Attorney inter alias, to enter into the agreement for sale of apartments in the said 6(Six) storied building.

ANDThe Builder proposes to construct and complete the 6(Six) storied building in thescheduled Land as per sanctioned plan and shall design, supervise and construct as

- 1 -


2/15

per specifications prepared by the Architects and Civil Engineers of theDeveloper .

ANDWhereas the Allottee has applied to and discussed with the builder for allotment of an apartment in SWAPNO NILOY and has agreed to abide by the terms andconditions of allotment.

NOW THIS DEED WITNESSES AND THE PARTIES HERETO MUTUALLYAGREE AND DECLARE AS FOLLOWS:

1. That the Builder hereby allots to the Allotted apartments which are asfollows:APARTMENT NO : 2 B

SIZE : 780 sfts (more or less)

Level/Floor : 2nd (Second Floor)

2. That the apartment plan and general features will be prepared and specifiedas per Brochure of SWAPNO NILOY.

3. That the costs to be paid by the Allotee to the builder are as follows :

One apartments price

One car Parking Nill

Utility connection costTotal

- 2 -


3/15

4. That the payment of the above cost has been agreed between theAllottee and the Builder as follows: -

Booking Money Here by paid on Pay Order-

Down payment must paidwithin 45 days from

booking date

1st

Installment On/before2nd Installment On/before3rd Installment On/before4th Installment On/before5th Installment On/before6th Installment On/before7th Installment On/before8th Installment On/before9th Installment On/before10 th Installment On/before

5. Rest amount -------------------------------- taken Over [DBH, NHFL, IDLC]or any other financial Institution. (As per Commitment of Client) (After hand over)

6. That the Allottee will be owner of his/her booking apartment and as well as proportionate ratio of the said land and Registration cost (As per government rate) and other incidental cost shall be borne/ paid by theAllottee subject to actual assessment by concerned authorities in due courseof time. Such payments are required to paid whenever needed .

7. That the costs of Optional work shall be paid by the Allottee on acceptance by the builder of the Allottee requests for optional works.

8. That the Apartment is scheduled to be handed over by June 20079. That the builder and the Allottee agree to the General Terms as per the

attached Annexure which is an integral part of this Agreement for Allotment.

- 3 -


4/15

IN WITNESS WHEREOF the parties hereto sign executes this Agreement onthe day, month and year aforementioned. SCHEDULEWhereas all the piece or parcel of land measuring an area of more or less 3.00Kathas situated at Mirpur, Dhaka in the Sub Registration Mirpur, Dhaka being plot# 3, Road # 28 Pallabi, Mirpur, Dhaka .

On the North of Land : plotOn the South of Land : roadOn the East of Land : Plot No.2

On the West of Land : Plot No.4

Developer For HAITANS PROPERTIES LTD.

1.Allottee

M.A.ELAHI Managing Director

2. Mr./ Mrs.

Witness:1.

2.

3. ..

- 4 -


5/15

ANNEXURE OF AGREEMENT FOR ALLOTMENT FLAT No 3 rd (B) 1080 Sft.

(THIS ANINEXURE BEING AN INTERGRAL PART OF THE AGREEM ENT DATEDFirst June Two thousand Six CHRISTIAN Era)

First Party

HAITANS PROPERTIES LTD . A company registered under the CompaniesAct, 1994 having its operation office at at Plot # 3 Main Road, Section # 11, (1stfloor) , Mirpur, Dhaka-1216, Bangladesh. represented by its Managing Director Mr.M.A.Elahi hereinafter referred to as the Developer First Party Which expresses thecontext so admits shall include its successors, Administrators, executors, legalrepresentative s and assigns, of the First part.

Second Party

MD.SHAHJAHAN C/O Mr.SHAH MOSLAHUDDIN AHMED: PresentAddress:House # 431/5-1no.Nurpur,road,Dhania,Dhaka. Permanent Address-Shah Shaheb Monjil Sec: 11,Block:D,Ave:3,Lane:21,House:23,Pallabi,Dhaka,Bangladesh.. Hereinafter referred to as the Allottee which expression where the

context so admits, shall include his/her/heirs, successors, administrators,executors, legal representatives and assigns of the Second part.

WHEREBY THE BUILDER AND THE ALLOTTEE MUTUALLY AGREE ANDDECLARE AS FOLLOWS:

1. The builder will undertake construction of the building complex of the plot of land as designated in the agreement for allotment as per the builders prepared

plans and specifications consisting of apartments with other facilities and

amenities (all of which hereinafter are referred to as The project or as TheComplex) The Allottee has seen and accepted the builders plans andspecification.

2. The apartment described in the agreement for allotment has been allocatedto the Allottee with his /her consent (hereinafter referred to as the demisedapartment) and the allottee, with the money to be provided by the allottee,

- 5 -


6/15

along with other apartments of the building and its facilities & amenities.The allottee agrees that the builder can make allotments to each of the other allottees.If the client want to cancel the booking he/she must informed thecompany within 45 days from the date of agreement.

3. The schedule agreed in the agreement for allotment for all payment for all payments by the allottee shall be of the essence of the contract. It is agreedthat the allottee will make all payments within the due date any delay willmake the allottee liable to pay a delay charge of 0.1% per day on thatamount of payment delayed delayed. If a payment is delayed beyond 30

days, the builder has the absolute right to cancel the allotment and mayexercise this right to cancel the allotment by a registered letter posted in thename and address of the allottee. In such a case the earnest money paid bythe allottee will be fully forfeited. In the case of cancellation of allotment,the allottee will have no claim whatsoever on the builder or on the demisedapartment or property for which application and other formalities had beenmade by the allottee.

4. Any change in the address of the allottee shall be communicated in writing

to the builder. Otherwise any loss arising from non-communication of thechange of address by the allottee shall be borne by the allottee. Any noticeor letter of demand sent by the builder by registered post, to the address of the allottee recorded with the builder, shall be deemed as a sufficientservice thereof and the allottee shall be deemed to have received the same.It is nor necessary and feasible for the builder to respond in writing to allcommunication by the allottees.

5. In case of annulment of this allotment the builder shall have the right toallot the demised apartment and reserved Car Park if any, to someone elseand out of the amounts realized thereby, all money paid by the allottee shall

be refunded to the allottee except a sum eqivalent to the earnest moneywhich shall be forfeited and also except a sum equivalent to any financialloss to the builder on account of cancellation and/or re-allotment of thedemised apartment. After cancellation of an allotment of the apartment, theallottee will not make any payment to the builder. If the allottee does make

- 6 -


7/15

any payment by cheque, cash or any other mode of payment after cancellation of his/her allotment, such payment will not repudiate thecancellation and will not establish any claim on behalf of the allotteeregarding the allotment of the apartment.

6. Daily charges payable by the allottee to the builder as per the buildersdeclared rate shall start accruing automatically on the expiry of the due dateof payment of each installment.

7. The allottee shall not, without the prior written permission of the builder sale, transfer, convey, mortgage, charge or in any way encumber, deal withor dispose of the rights ad benefits under this agreement till the dues of whatsoever nature owing to the builder are fully paid up.

8. The builders interpretation of the plans, designs and specifications indetails shall be deemed final and the builder shall have the discretion tomodify / amend the same. The builder shall have the right to makealternations in the layout plans and constructed floor area for the best

interest of the construction. The allottee will have no claim, contest or compensation for the same.

9. Any amendment or deviation desired by the allottee in the builders plans,designs, specifications etc may be done by the allottee only after hand over of the apartment for which the builder does not hear any responsibility,unless otherwise agreed to by the builder.

10.The builder shall employ workmanship and materials of the buildersstandard prepared specifications against which no claims shall beentertained. There is no standard provision for any refund by the builder toany allottee for not having taken the builders finishing, fittings or fixturesetc. as per his/her own request.

- 7 -


8/15

11.The construction of the demised apartment shall be completed within thecompletion schedule of the builder. The schedule so fixed shall, however,

be extendable at the builder if this becomes necessary on account of non-availability, unusual price fluctuation of the required. Building materialsand components, act of God, natural calamity, strike, civil commotion or for reasons beyond the control the builder.

12. The cost of construction of the demised apartment includes, amongst other things, the proportionate cost of development of the site of the building and

also proportionate cost of internal road, passages, pavements, foundation,structures, staircases, drains, Water supply line sewerage line, gas supply

pipe lines underground and overhead water reservoirs, water lifting pumps,as well as the cost of construction of the apartment according to theapproved plan and companys standers specifications.

13. If the cost of construction of the building containing the demised apartmentand the installation of other facilities & amenities increase due to the rise inthe price of steel, cement/ other building materials, construction charge and

the costs of other facilities and amenities of the complex or due toimposition of duties, taxes, surcharges, fees, levies etc during the period upto the completion of the building complex then the allottee shall payadditionally to the builder the increased cost proportionate to his/her shareto be assessed and apportioned by the builder, if so required by the builder.

14.The optional, additional or modification work request or choices of theallottee may be accommodated at the sole discretion of the builder depending on the management status and progress to be undertaken. Anoptional, additional or modification work choice once ordered and paid for may only be changed or withdrawn by the allottee if the builder agrees. If the Builder deems that any work not provided for as standard feature in theapartment but is done by the builder due changed circumstances or for improvement or betterment of the apartment or the project, the allottee shall

be liable to pay for any increase in the costs incurred and as assessed by the builder.

- 8 -


9/15

15.The allottee shall be liable to pay for security deposits, fees and other incidental charges and costs payable for gas, water supply, and sewerageand electricity connection to the demised apartment.

16.The builder shall earmark, construct and demarcate reserved car parks onthe ground floor basement or any other floor and in any numbers and sixesas the builders may deem necessary and sell the said car parks to theallottee , the selection of whom for respective allotment shall be at the

discretion of the builder. The Builder shall remain in full control of the car parks and have free ingress and egress thereto notwithstanding the handingover of possession of the apartments to the allottee so long as all the car

parks as determined by the Builders are not sold and handed over to theallottee. The Builder may changes the number, position, arrangement andallotment of car parks as the builder may deem necessary at any time up tothe completion or hand over of the apartments to the allottees. The roof of the building shall be under the control of the builder until all the apartmentsare sold and handed over to the Allottee.

17.The Builder shall not be responsible for any damage, injury or loss due tofire, accident/earthquake, storms, flood, mob violence, attack from the air or any other disturbances or any other reasons beyond the control of the

builder during the construction of the building and installation of facilities& amenities and in the event the parties shall mutually make sucharrangement as may be just and expedient in the circumstances of the case.

18.If by reason of act of God, natural calamity, earthquake, storms, flood,famine, act or enemy, war, military operations of any nature, blockade, andfor other reasons, beyond the control of the builder, it is not possible to

proceed with execution of the project and to complete the construction of the demised apartment, the Builder shall inform the allottee accordinglywhereupon the parties hereto shall, by mutual discussion and consent, makesuch additional provisions as may be necessary to protect the interest of

both the parties.

- 9 -


10/15

19.The construction of the building and apartment will be deemed completedand the apartment ready for hand over to the allottee upon notice of completion by the builder.

20. The Builders solely and fully responsible and has the authority to preserve, protect and maintain the demised apartment and which responsibility andauthority shall entirely expire after 15 (Fifteen) days of dispatch of notice tothe allottee to take vacant possession of the demised apartment. After thesaid period the builder will not be liable for any damage, pilferage, theft,loss etc of any property or materials connected with the apartment within

the premises of the complex, after hand over of the apartment.

21.The Builder shall serve notice to the allottee to take vacant possession of the demised apartment within 15(Fifteen) days of the dispatch of the noticeon which the responsibilities and liabilities of the builder with respect tothese shall entirely expire. In case of failure on the part of the allottee totake delivery of possession of the demised apartment within the said timelimit, the allotte shall be liable to pay the builder Tk.150/- (Taka onehundred and fifty) per day as charge for guarding and care taking of thedemised apartment.

22.The Allotte shall be enabled to take and will be deemed to have taken proportionate responsibility and possession of each commonfacility/amenity like main utilities connections, pump, concierge, intercom,common lighting, security etc as soon as the allotte is notified by theBuilder for handing over possession of his/her allotted apartment

23. Under no circumstance possession of the demised apartment shall be givenunless all payments required to be made in accordance with the agreementfor allotment or any mutually agreed amendment of the same have beenmade in full to the builder.

24.No allotte shall, before the payment of final installment and all other billsdue to the builder and before receiving from the builder the certificate of hand over, keep any belongings or any other materials within the premisesof the demised apartment or the complex. The Builders shall have full legaland administrative jurisdiction over the project/complex till hand over to

- 10 -


11/15

the apartments and car parks is completed. During this period no allotte or any person not authorized by the builder shall be allowed to enter the

premises of the project/complex at any time unless the builder providesspecific written permission.

25. If any post completion rectification is required from the builder, there may be carried out by the builder as per the builders schedule of work.

26. Depending on the legal nature of the landholding of the project andappropriateness and suitability of the mode of conveyance/ transfer/sale

/registration of the land, the original landowner on the advice of the builder,may either register the land with or without the share of the building inshares to the allottee of may register the land in the name of a limitedcompany or society shall be determined by the builder.

27. The allottee jointly with the allottees of all other apartments shall within 15days of notice by the builder or on the date and tie specified by the builder in such notice which ever earlier, form is and constitute the commonmanagement of the project, as per the standard memorandum and articles of formation provided by the builder. If the allottees fail to do so within the

specified time, then the builder will arbitrarily appoint a minimum 3members managing committee which the allottees. The commonmanagement so formed and constituted shall be entrusted with the duty of management and maintenance of the building complex. The rules,regulations and by lows framed by the common management with regard toal matters in relation to management, maintenance and use of the complexshall be binding on the allottees, subject to terms and conditions of thisagreement and its annexure.

28.The contribution the reserve fund as earlier stated above by the allottee,which amount is payable before hand over of the apartment, along with therespective contributions of the other allottees shall constitute the reservefund of the project which fund, and the proceeds from deposits and other suitable investments of the fund, shall be utilized by builder and, in duecourse, the said common management of building complex and any other expenses in the general and common interest of the allottees. As determined

by the common management, further contributions to the reserve fund may

- 11 -


12/15

be made by the allottee along with the other alottees from time to time, if require.

29. The builder will install water, sewerage, electric, and gas etc. connectionson the basis of estimated requirements as deemed adequate by therespective concerned authorities. The Builder will not be held liable for anyshortage in supply/serves of the utilities below the installed capacity. For these the concerned authorities will be responsible and the commonmanagement of the project and the allottees may take up such matters withthe same authorities directly, if the builder onwards, after the utility

connections has made necessary at any time.

30.All mechanical, sanitary and other system and components like electricaland bathroom fittings shall be installed as per the builders selectedspecifications. After the declaration by the builder of completion of the

project and installation of any of these systems, any matters or complains of the allottees related to each of these respectively shall be taken up directly

by the common management of the project with the manufactures of theauthorized dealers of such components. The builder will thenceforth beunder obligations.

31.So long as the municipal tax and other taxes and charge are not assessedseparately in respect of the demised apartment, the allottee shall pay his/her

proportionate share of such taxes and charges that may be imposed on the building as determined by common management of the project.

32.On the declaration of completion of each common facility/amenity likemain utilities connections pump, concierge, intercom, common lighting etc.the allottee and the common management of the project become responsiblefor the operation and maintenance of such common facility / amenity andthe responsibility of the builder simultaneously expires, the allottee and thecommon management shall thenceforth be able to and will take up anymatter related to such facility/amenity with the concerned authority,manufacture, supplier, dealer etc as applicable if required.

- 12 -


13/15

33. The utility and service charge may realized by the builder after occupationof the apartment ether on the basis of actual bills or amounts estimated bythe builder whichever is suitable, till such time the responsibility of such

payment is handed over to the common management of the project and of the allottee.

34.The allottee along with other allottees shall be jointly responsible for theoperation, maintenance, repairs and replacement of the water, lifting motorsand pumps water reservoirs, sewerage mains, electric lines and installation,drains, internal roads and other facilities, services and amenities commonly

to be used and enjoyed by the allottees of apartments, including thedemised apartment and the builder shall have no responsibility in the matter after declaration of completion of the same by the builder.

35.The allottee shall jointly with the other allottee or occupants of other apartments of the building use and enjoy its common corridors, lobbies,stairs, entrances and exits of the building and other common adjuncts,fixtures and fittings thereto and shall bear his/her proportionate share of maintenance costs.

36.The allottee shall jointly with the other or occupants of other apartmentsuse and enjoy the open spaces, the internal roads for ingress, passages,driveways, yards, drains, sewerage, mains, whatever reservoirs, electricityand gas connections and other common facilities that may be madeavailable in the project and maintain them along with arrangements for common security, lighting and guarding as may be necessary at their owncosts which shall be borne by them equally.

37. The allottee may use and enjoy any open areas and the facilities andamenities refereed hereinbefore for the purpose for which they are intendedwithout encroaching upon or hindering the lawful rights or disturbing the

peace of the allottee or occupants of other apartments.

38. The allottee shall not demolish or damage the demised apartment nor shallmake nay-structural alteration or raise any construction of any kind as an

- 13 -


14/15

addition or modification of the demised apartment without the permissionwriting of the common management.

39.The allottee shall not use or permit use of the demised apartment in amanner which might diminish the value or utility of the pipes, motors and

pumps and the like common facilities and amenities provided in the site of the building.

40.The allottee shall not keep or rear any materials in the corridors or in any place intended for common use of all allottee or occupiers of all apartments.

41. The allottee shall not keep or rear any animals such as cows, goats, dogs or domestic birds, like hens ducks etc in the apartment or within the complex.

42. The allottee shall not display any business signboard, advertisement boardor designs in any part of the demised apartment or common spaces or

premises of the building without the written concurrence of the commonmanagement of the project.

43.The allottee shall pay all rents, taxes, vats, all other dues & charges thatmay be payable for the land and building of the project.

44. The allottee convents that he she shall not use his/her apartment or any partthereof for any purpose other then as a residence nor use it in such manner as is likely to cause nuisance or inconvenience or annoyance of any kind toother allottees, and that he/she shall not use his/her apartment for any illegalor immoral purpose.

45. In case any disagreement, dispute or difference arises between the partiesduring the progress or after execution of the project touching or relatingeither to the said complex or to any other matter or thing arising directly or indirectly under this contract, in such case the same shall have the finalright of interpretation, or otherwise, if the builder agrees, the same shale bereferred to arbitration and the final decision of a sole arbitrator, mutuallyagreed between the parties, who shall consider and determine the same andwhose certificate or award shall be binding and conclusive upon the parties,

- 14 -


15/15

Contract Pape

Documents

Transcript of Contract Pape