Uttara Land Proposal

--------------------------------Developer , Second Party
Land Owners , First Party
1. Managing Director
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DEED OF AGREEMENT
THE AGREEMENT
is made on Twenty seventh June of Two thousand five of the Christian Era. BETWEEN
1.. Plot no.#.-Road -., Block #.. Sec. 9,Uttara,Dhaka. hereinafter called as the Land Owners First Party which expression where the context so admits shall include his, successors, administrators, executors, legal representative and assigns, of the first part. AND HAITANS PROPERTIES LTD. is a registered company under the companies Act 1994 having its office at Plot # 3, (1st floor), Main Road, Block # A, Section-11, Mirpur, Dhaka-1216 Bangladesh represented by its Managing Director M.A. Elahi. Hereinafter refered to as the Developer Second Party Which expression where the context so admits shall include its successors, Administrators, executors, legal representatives and assigns, of the Second part. AND The first Party are the Landowners of the schedule land measuring 5 kathas at plot # .-Road-.. ,Block .. Sec. 9, Uttara. Dhaka, and they have been owning and possessing the land peacefully, 1 of 31
Haitans Properties Ltd.
Managing Director , 1.M.A. Elahi.
exclusively and uninterruptedly paying taxes and VAT which are described in schedule A of this agreement and hereinafter refered to as the schedule A Land.
AND WHEREAS the Developer Second Party who are engaged in the business of construction/
raising of multi-storied building and selling flats to honorable persons/clients who have proposed for construction of a SIX (6) storied building Complex (subject to the approval of RAJUK) on The Schedule A Land and the said proposed construction is mentioned in Schedule B of this Agreement, and hereinafter refered to as the Schedule B Building.
AND WHEREAS the Developer Second Party has proposed to offer for open sale and allotment of the apartments, & car parks with proportionate share of land in the Schedule B Building to
the honorable clients /person.

AND WHEREAS the Landowners First Party intends to provide an irrevocable Power of Attorney to the Developer on it and the Developer Second Party to deal the Matters Concerning the schedule A Land and structures on it and The Developer Second Party intends to construct the said schedule B Building on the Schedule A Land and to sell through allotment of
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apartments and car parking to other parties and collect money against the respective sale / allotments from the allottees. AND WHEREAS it is necessary to bind the above two parties in the terms and conditions for the smooth progress and completion of construction and for transferring the proportionate part for the Schedule A land and proposed apartments and car parking in schedule B Building in favor of the aforesaid proposed allottees on the different intending purchaser. AND WHEREAS The Land Owners First Party and Second Party have accepted each others proposals.
NOW THEREFORE BOTH THE PARTIES HERETO MUTUALLY AGREE TO BIND THEMSELVES TO THE FOLOWING TERMS AND CONDITIONS: 1. That the Developer Second Party shall prepare and obtain approval from RAJUK the
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2.
plan of schedule B Building, Soil Test and accurate land measurement shall be carried out by the Developer Second Party soon after signing of this Agreement That the Landowners First Party will deliver peaceful vacant possession of the Schedule A Land to the Developer Second Party for construction of the Schedule B Building on the schedule A Land within a month from the date of signing of this 3 of 31
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3. 4.
agreement the Developer Second party will take over the vacant possession of the schedule A land from the land owners First Party by virtue of this Deed of Agreement along with all update papers (Original copy of sale Deeds, via Deed challan,Parcha, Math Parcha, etc ) relating to title of the schedule A Land. That the land owners First party will give all documents and Shall execute an irrevocable Power of Attorney in favor of the Developer Second Party to implement the terms and conditions detailed in this Deed of Agreement (including Schedules A& B) That the above mentioned irrevocable Power of Attorney to the Developer Second Party of carrying out the necessary construction and development of seeking permissions from the relevant authority for transferring the proportionate part of the schedule A Land, and for execution, presentation and registration of required deeds/documentation of the proportionate part of the Schedule A land along with the structure thereon, and for taking necessary steps for utility connection from the relevant authorities with the explicit obligation and responsibility to first allocate and hand over the agreed proportionate share of the land owners first party. 4 of 31

APARTMENTS AND CAR PARKS:
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5.
That the Landowners First Party will provide necessary letter (s) to the relevant authorities for acceptance of the aforesaid Power of Attorney and relevant deeds and documents to the Developer Second Party as and when required by the Developer Second Party.
That the Landowners First Party Shall receive the following benefits against the Schedule A Land. 1. Allotment of apartments and Car Parking as mentioned in Schedule C which are Stated as follows: 6(six)Apartments,900Sfts(more or less) each and 40% Car park in the
6.
i)
ground floor. .
A. All kinds of expenses relating to lands papers upgrade will be borne by

the First Party (including land revenue taxes and other expenses). B) The Developer second party will not be permitted to mortgage the First partys proportion of share and if the second party mortgage their proportion to any Bank/Financial company in that case First party will not liable for that.
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. C) It is not permitted by the First Party to handover the land to another party without Haitans Properties Ltd. to develop the land. 7. The Schedule B Building to be constructed on the schedule A Land will have Main Entrance. Stairs, Roof Space, Perimeter Areas and other facilities in common for all allottees of Apartments with equal rights, privilege and responsibilities and the Developer Second Party shall design and construct the schedule B Building accordingly with the prior written consent of the land Owners First Party. 8. (A) That the construction of the schedule B Building of this Agreement shall be completed by the Developer Second Party within 30 (Thirty )month .from the date of peaceful delivery of vacant possession of the schedule A Land to the Developer Second Party by the Land Owners First Party. The Landowners first party shall be informed in writing by the Developer Second Party about the date of commencement of construction. (B) Subject to Article 19 If the construction is not completed within 30. months stipulated in the above article 8 (A) by the Second party Developer. (C) That this period (As above mentioned 36(Thirty six months) shall run for further 6 (Six)Months only which will be treated as grace period for construction. 9. That the Developer Second Party shall be responsible for all cost related to the
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Preparation of necessary architectural plans and structural designs (as per BNBC) and soil test and all this are necessary to complete the aforesaid (six)storied building Complex construction. 10.
That the Developer Second Party shall carry out all types of marketing and sales promotion efforts like brochures, advertisements, site signboards etc. for all selling out the Apartments to
11. 12.
the public and collecting money there from and the developer second party will be at liberty to transfer Developers proportionate 6(six) Apartments & Car Parks to any person mentioned in schedule B and receive all sale proceeds from the same other than the 6(six) apartments & 40% Car parks schedule C allotted to the Land Owners First Party. That the Land Owners First Party and Developer Second Party hereto will share15(Fifteen)Apartments as agreed herein. The Developer Second Party will complete and hand over its primary legal obligation and responsibility. That the Land Owners First Party individually having assured the Developer Second Party that the Land Owners First Party has full exclusive and uncontested right and title to the schedule A Land and same is free of any encumbrances and from any legation 7 of 31
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13.
and if any such questions, circumstances, consequences or any claim of and incident cost etc. arises in or out of any court of Government Office the land owners first party shall not hold the Developer second party responsible for protection related rights and interest of the land owners fist party. The Developer second party shall be kept insulated and indemnified from any circumstances that may arises in future it related to issues of right, title and encumbrances of the scheduled land only. That all allotment Deeds and Agreement signed by the Developer second party with the intending apartment buyers/allottees shall be deemed to have been signed by the Land Owners first partys to the extent of the land owners first partys responsibilities and obligations. The landowners is indemnified and insulated from any circumstance, acts, deeds, liabilities, mortgages arising from any actions, commitments, assurances, sales agreement, allotment letters, commitment letter issued and signed by the Developer Second Party that related to the Developer Second Party at his sole risk, responsibility, obligations and discussion which shall also be applicable in the event of Bankruptcy, liquidation, closure of changes in the shareholding or division of the developer second partys company or demise of its shareholders. 8 of 31
14.
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16.
17.
That all the apartments will retain undivided & undemarcated proportionate share of land in the proposed schedule B Building the size of each apartment shall be declared by the Developer Second Party, and each of the allotees (Including land owners first party for his allotted apartments) will have proportionate shares of land against each respective allottee. 15. That each of the Apartments with proportionate undemarcated share of schedule A Land other then the Landowners First Party, Shall be transferred separately to each respective allottee. That the Landowners First Party (Theirs, heirs/successors) shall not make any objection or obstructions when the Developer Second Party transfers its proportionate share of Apartments of Schedule B Building (decides the flats of schedule C) to any persons or persons or firms etc. That the Landowners First Party and other respective owners of the proposed Apartments of Schedule B will possess their respective Apartments enjoying all rights and liberties including the common facilities along with their respective share in schedule A land, subject to the terms & conditions of allotment by the Developer second party to other 9 of 31
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allottees/purchaser of Apartments in the apartment complex. Having obtained the possession
18.
19.
of the schedule land. The Second Party Developer will only pay all municipal holding taxes, WASA, DESA, gas Bills to the concerned authorities till handing over the vacant Apartment and Car Parks to the Land Owners First Party. That the Developer Second Party regarding registration of Developers part shall arrange all fees, charge, Gain Tax, registration costs, stamp costs and other incidental expenses in connection with the transfer of the Developers apartments.
That if the completion period of the construction of the project is affected by circumstances of force majored, Acts of God, Civil Disturbances, Governments Restrictions, Wars, Insurrections that are beyond the control of the Developer Second Party and the these directly hinders the Developers Second Party performance of its obligation and in such a circumstances neither party shall be liable for any failure or delay in performance under this agreement. The Developer Second Party will liable for any kind of damages if the construction didnt complete properly.
20.
That if any discussions, correspondence, amendments, decisions etc. are required, relating to this agreement, between the Land Owners First Party and the Developer Second Party then any such changes or amendments etc. to this agreement shall be made effective only mutual concurrence in writing jointly signed by the aforesaid two parties. 10 of 31
21.
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All disputes and differences concerning the validity, scope, meaning, construction If this agreement or any dispute or disagreement between the land owners first party of the one hand, and the developer second party of the other hand as to any matter relation to this agreement of the meaning of any stipulation therein of any other matter which can not be settled by mutual discussion between the parties hereto shall be referred to and finally settled by arbitration of two arbitrators, one to be appointed by the land owners first party and the other to be appointed by the arbitrators, to an umpire, who shall be appointed by the arbitrator before they enter upon the reference and the award of the arbitrators or the arbitrators or the umpire, as the case may be shall be final and binding on booth the parties and this shall be deemed to be a submission to arbitration Act 1940 of any reenactment of statutory modification thereof for the time being in force which shall be the governing and applicable law. SCHEDULE A
All that piece of parcel of land measuring an area of 5 kathas situated at plot # -Road-.. Block .., Sec 9.Uttara , Dhaka, and they have been owning and possessing the land peacefully, exclusively by way of purchase vide sale Moza no C.S-.., S.A-. Written C.S.A- Dag # No.DPButted and bonded by On the North : Govt. road On the South : Plot no On the East : Plot 137
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On the West : Plot no 135
IN WITNESS WHEREOF the party (s) hereto sign and execute this Agreement of the, month and year aforementioned.
Land Owners, First Party
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Developer, Second Party
1.
------------------
--------1. M. Ashek Elahi Managing Director
WITENESSES: 1.------------------------------12 of 31
3. SCHEDULE B AND SCHEDULE C FEATURES AND AMENTIES OF THE APARTMENT Attached SCHEDULE B That with reference to the relevant clauses of the Deed of the Agreement the proposed Apartment Building will be planned, designed and constructed with RAJUK approval plan with total 15 Apartments,-and Car parks of which Developers Proportionate 60%-Apartments, and Car 13 of 31
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2..

Road # Special Note : Not drawn to scale.
Parks will be alotted to individual allotters as per brochure published by the Developer and 40% Apartments and Car parks will be allotted to the Land Owners first party. Land Area: 5 Kathas. Proposed lay out:
.0 .1
.2
BRIEF OUTLINW OF THE DEVELOPMENT PLAN Location of the project Plot No ..Uttara, Dhaka Land area and proposed layout: 5 Kathas
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Road Special Note : Not drawn to scale
.3
Main Features of the project The developer proposes to design and construct a Six-Storied Apartment Complex Consisting of the Parking areas (at the ground level) and one Reception Floor at the Ground Level and 5( Five )residential floors above subject to RAJUK approval.
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There will be a total of 5 (Five) Residential floors (Subject to RAJUK approval) in the Complex where all apartments will be 900 to 950 sft (more or less) each and Car parksapprox. Each Subject to RAJUK approval. Each Apartment will consist of Entrance, Drawing, Dining, Bedrooms, Baths, Kitchen, and Veranda/Balcony & Toilet. The Project will be implemented over a period of (30) Months.
.4
Project work completion Schedule The Project will be scheduled for completion in about (30) Months from the date of getting vacant possession. Plan Preparation and Approval may take 3-4 months. Some modifications requested by land Owners and/ or the other Apartment Owners may lead minor extension of the completion time which will not exceed another 06(six) months.
Project Financing
.5
The Finance for construction of the project will be from Developers arranged sources. The funding shall be reimbursed by the sale of Developers Proportionate Apartments &Car Parks .
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&40% Car park .
2.0
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Land Owners Benefits The Proportionate and will be provided by the landowners in exchange of the following benefits. Apartments and car parks:
1) 6(six) Apartments of Total 5400 sfts (more or less) (Subject to RAJUK approval), 2. a).All kinds of expenses relating to lands papers upgrade will be borne by the First Party (including land revenue taxes and other expenses).
2.1 Utility connection All Apartments will have independent Gas Connection for two Burners and provision for Gas Oven All Apartments will have independent Electrical meter up to 08 KW load sanction. A Common WASA meter for total complex. Connection costs for the Land Owners Apartments will be borne by the Developer.
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2.2
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Association Fees: Like the other Apartment Owners, Association Fees for Common service and common utilities costs for operation of the complex will be borne by the Land Owners after hand over of the Apartments to the landowners by the second party. Any other monthly service charge will also be borne by all owners of the Apartments proportionately.
.1
.2
3.0 SALINET FEATURES OF THE APARTMENT COMPLEX BUILDING ENTRANCE Secured Decorative Gate with Lampposts as per elevation & perspective of the building. Comfortable internal driveway. Personal Mailboxes. Reception Lobby Reception Desk Tiles floor in Reception area. Light Fittings.
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3.3
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3.4
Lift Modern Lift.
Apartments Layout Will maximize advantage, especially of satellite in relation to the daylight and outside view. Privacy will be emphasized in designing the layout so that the master and second bedrooms are located away from the guest bedroom and main entertainment areas. Satellite & Dish Antenna Provision for connection of satellite dish antenna with multi channel capacity from the commercial cable TV operator. Water Pumps one European Original.
3.5 3.6
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Generator Modern Generator. Roof Top Intercom Good Quality and Standard. To connection each Apartments to the concierge Desk. FEATURES & MANAGEMENT OF THE APARTMENT
3.7 3.8
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Protective parapet wall. Separated area for community center. Management Office & Meeting room. Water supply tank of sufficient volume to serve all apartments.
3.9
4.0
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Windows
4.1
Doors Solid Decorative Main Entrance Door with. a) Door Chain. b) Check Viewer. c) Calling Bell Switch of Good Quality. d) Solid Brass Door Knocker. e) Apartment Number in Brass. Internal Door of strong and durable Teak/Chamblal veneered Flush door shutters with French Polish All Doors Frames are made of Gamari/Teak chamble/Kathal. All Bathrooms Doors with inner-side waterproof Laminated. 4.2
Bronze Clear Sliding aluminum Windows with Thai glass as per Architectural Design of the Building. 5-mm thickness glass with mohair lining. Rain Water barrier in 4 Aluminum Sections.
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Walls Good Quality 1st Class Machine made Gas Burnt Bricks. Smooth Finish Walls. Exterior and Internal wall thickness will be 5/3. Painting & Polishing Plastic Paint in all internal wall and ceiling in soft colors. French polished Doorframes & Shutters.
Safety Grills in all windows. Sub shade on windows & verandahs. 4.3
4.4
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Floor & Veranda Floors will be finished with floor tiles. All verandas in Floor tiles.
4.5
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Exterior Wall will be Weather coat paint. Electrical Good Quality Electrical Switches, Plug and other Fittings. Electrical Distribution Box with Main Switches. All Power Outlets with Earthling Connection. Verandahs with suitable Light Points. Proper Earthling with lighting aureston/rod. Bath Rooms Essentially correct Uniform Floor Slope towards Water Outlet. Good Quality Sanitary Wares in all Bathrooms. Good Quality Glazed Tiles in Bathrooms. Tiles in all Bathrooms. All Mirror in Bathrooms with overhead Lamps.
4.6 4.7
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Good Quality Chrome Plated Fittings carry Manufacturers Warranty. Porcelain Soap Cases and Towel Rails & Toilet paper rack Cabinet Basin in Master Bath. 4.8 Kitchen Impressively designed Platform. Double Burner Gas Outlet. Good Quality Half-wall Tiles (CBC/RAK/Modhumoti or Equivalent). One Stainless Counter-top Steel Sink.
4.9 Utility Lines Gas & electrical supply will be individual Apartment-wise Meter, connection, and water supply and sewerage will have common meter connection for the project with the provision for submitter subject to availability. Connection Cost will be borne by the Developer for the Land Owners Apartments.
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5.0 General Amenities Of The Complex Reserved Car Parking in Covered & Protected Ground Floor for Residence with Comfortable. Electricity supply approx.220/440v from DESA source with separate main cable and LT Panel/Distribution board including 11KW/440V transformer and H.T. pond with meters with switchgears and sub-station. Water supply Connection from WASA sufficient as per Total Calculated Consumption Underground Water Reservoir with one Pump. Sewerage system planned for long-term requirements. Gas pipelines connection from TITAS distribution system as per total calculated consumption, Adequate Safety Measures incorporated. Termite protection treatment of ground. 6.0 STRUCATURAL AND GENERAL ENGINEERING FEATURES Total Foundation and Superstructure Session and Supervision by a team of reputed and professional Structural Design Engineers. Structural Design Parameters based on American Concrete Institute (ACI) and American Standard of Testing Materials (ASTM) Codes & Bangladesh National Building code (BNBC)
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Structural Analysis for Design utilizes the latest Foundation. Systematic Structural Combination of Steel Reinforced Concrete Frame and Shear wall core. Floor slabs all Reinforced Cement Concrete. Sub-soil Investigation and Soil Compositions comprehensively analyzed. Comprehensive checking and testing of all steel reinforced by professional Design and Supervising Engineers. All Structural Materials including Steel, Cement, Bricks, Sylhet Sands and other Aggregates etc. of highest available standard and screened for quality. Direct Supervision at every stage of construction by a team of experienced and qualified Civil Engineers to ensure Highest Quality of workmanship. Construction Site Equipment employed includes Vibro-hammers, mechanical Rollers, Steel Cutting & Bending Equipment, Welding Equipment Concrete vibrators, Water pumps, material Handling Equipment, Leveling Instruments, Theologize etc. Systematic Testing of concrete and other completed work samples at every stage from quality control laboratories. Protection from Cyclone Winds up to prevalent speeds incorporation in structure design.
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7.0
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Structural Design to withstanding Earthquakes of prevalent intensity. Legal Procedures A Deed of Agreement will be executed between the Landowners and the Developer incorporating all terms & conditions. The Developers Shall provide a draft of the irrevocable power of attorney which is to be registered for approval of the landowners to arrange for completing the registration formalities at Developers own cost and responsibility. The Second party will obtain written permission from the first party before the submission of the layout plan to RAJUK.
8.0 DESIGN After finalization of the floor plan the Developer will prepare the RAJUK plan for submission to RAJUK for approval. The second party will obtain written permission from the first party before the submission of the layout plan to RAJUK.
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The Developers will then prepare the presentation drawing (for brochure) and the working architectural drawing, structural drawings, electrical & Plumbing drawings. The owners suggestion in this respect shall be entertained. 9.0 MAJOR STRUCTURAL METARIALS 9.1 Steel Deformed Bar Manufactured by 1. Bangladesh Steel & Re-Rolling Mills. (BSRM) 2. Rahim Steel Mills Ltd 3. Quality Steel Mills Ltd 4. Eastern Steel Mills Ltd. 5. Benz Steel Mills Ltd. 6. Elite Steel Mills Ltd. 9.2 Cement Manufactured by
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Sand
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2. 3. 4. 5. 6. 7. 8.
Scan Cement Bangladesh Ltd. (Sean Cement) Shah Cement Holcim Cement Anware Cement MIR Cement Shah Cement Metro Cement Seven ring Cement. . Other Equivalent High Standard Bangladesh manufacturer.
9.3 Aggregates (compression strength) High strength StonChips for all columns, beam and foundation. High Strength Brick Chips for all other R.C.C. works. 9.4 Bricks First Class Bricks.
9.5
2.5 FM Course Sand For Concrete
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Medium (1.5 F.M)
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SCHEDULE C
That land owners first party will take (6) Apartments and.(40%.Car parks) from the total Apartments & Car parks and the balance Apartments, Car Parks will be taken by the Developer Second Party. Features and Amenities of the Agreement in Schedule C shall be the same features and Amenities of the Apartments stated in Schedule B
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5th floor 4th floor 3rd floor 2nd floor 1st floor Ground floor
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The arrangement of Apartments between the landowners First party and the developer Second party will be as follows:
Car park
The End
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--------------------------------Developer , Second Party

Land Owners , First Party

SAVE ON FARMA LTD.

Haitans Properties Ltd.

Managing Director , 1.M.A. Elahi.

--------------------------------Developer , Second Party

Land Owners , First Party

the honorable clients /person.

SAVE ON FARMA LTD.

Haitans Properties Ltd.

Managing Director , 1.M.A. Elahi.

--------------------------------Developer , Second Party

Land Owners , First Party

SAVE ON FARMA LTD.

Haitans Properties Ltd.

Managing Director , 1.M.A. Elahi.

--------------------------------Developer , Second Party

Land Owners , First Party

SAVE ON FARMA LTD.

Haitans Properties Ltd.

Managing Director , 1.M.A. Elahi.

--------------------------------Developer , Second Party

Land Owners , First Party

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A. All kinds of expenses relating to lands papers upgrade will be borne by

Haitans Properties Ltd.

Managing Director , 1.M.A. Elahi.

--------------------------------Developer , Second Party

Land Owners , First Party

SAVE ON FARMA LTD.

Haitans Properties Ltd.

Managing Director , 1.M.A. Elahi.

--------------------------------Developer , Second Party

Land Owners , First Party

SAVE ON FARMA LTD.

Haitans Properties Ltd.

Managing Director , 1.M.A. Elahi.

--------------------------------Developer , Second Party

Land Owners , First Party

SAVE ON FARMA LTD.

Haitans Properties Ltd.

Managing Director , 1.M.A. Elahi.

--------------------------------Developer , Second Party

Land Owners , First Party

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Haitans Properties Ltd.

Managing Director , 1.M.A. Elahi.

--------------------------------Developer , Second Party

Land Owners , First Party

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allottees/purchaser of Apartments in the apartment complex. Having obtained the possession

Haitans Properties Ltd.

Managing Director , 1.M.A. Elahi.

--------------------------------Developer , Second Party

Land Owners , First Party

SAVE ON FARMA LTD.

Haitans Properties Ltd.

Managing Director , 1.M.A. Elahi.

--------------------------------Developer , Second Party

Land Owners , First Party

Land Owners, First Party

SAVE ON FARMA LTD.

Developer, Second Party

--------1. M. Ashek Elahi Managing Director