New Agreement Builder (Amended) (CB Malir)
New Agreement Builder (Amended) (CB Malir)
AND
BETWEEN MALIR CANTONMENT BOARD KARACHI through its
Executive Officer, hereinafter called the “AUTHORITY” for approval of
Layout plan / building plan First Part.
ARTICLE NO-5 The Builder/ sponsor/owner and all plot holders of the
housing Scheme / Project shall comply with all security/ safety regulation
of various Military/Civil establishment in the area. Any contravention of
these regulations shall lead to immediate cancellation of the municipal
sanction accorded by the authority or otherwise determined contrary by the
authority. Such cancellation will be entirely at the Builder’s risk
sponsor/owner and cost and no compensation whatsoever will be payable
by the authority or any of its official.
ARTICLE NO-6 That in case the Builder /sponsor/owner desires to
carryout the development under the guidance and supervision of the
authority, they shall pay a fee for specification and general guidance on the
development works as provided by the authority on payment of fee, which
shall be 3% of the total cost of development or as otherwise determined by
the authority as a special case.
ARTICLE NO-10 Any litigation or dispute arising out of the land in question
or due to any other reason, with any other party/institution the same would
be resolved by the Builder, Sponsor/Owner of the society/scheme /project
at their own risk and cost. The authority shall not be responsible for such
litigations/disputes in any manner and in case if, authority is sued by any
court the builder / sponsor shall pay the expenses incurred by the
authority on defending such litigation as the case may be.
ARTICLE NO-11 The site of the project shall be kept open for inspection by
the authorized officer/official of the authority, as and when such inspection
is required to be carried out by the later.
ARTICLE NO-13 All powers conferred upon the authority by this agreement
shall be executed by the Cantonment Executive Officer, Cantonment Board
Malir through executive / administrative orders and there will be no need to
get sanction from the Board.
Witnesses:
2. ________________________ AUTHORITY .
________________________. Party of the Second Part.
DRAFT
AGREEMENT
AND
The M/S.__________________________, hereinafter called the Contractor)
Party of the Second Party.
WHEREAS the Board has right and authority to collect vehicle fee by virtue
of Cantonment Board Resolution No.__________________, dated _____________
and the Board after public notice placed the matter in open auction held on
______________. The contractor has been declared the highest bidder and his
bid has been approved by the Board. The contractor has been authorized to
collect the vehicle fee in the municipal jurisdiction of Malir Cantonment
Board on the following terms and conditions:-
1. The contractor is entitled to collect / charge the vehicle fee as per rate
incorporated below from loaded commercial vehicles used for goods and
passengers but shall not charge fee from Government, Semi Government,
Autonomous bodies and other government vehicles particularly which are
hired by any civil or any Military officer / official for transportation his
personal / family luggage/house hold articles and other those vehicles
which have been specifically exempted by the Cantonment Executive Officer
from payment of fee by issuing a special pass for the period for which the
exemption has been allowed.
2. The duration of the contract is one year commencing from July 10,
2008 to July 09, 2009, however duration of the contract may be extended
by the Cantonment Executive Officer in his discretion on the terms and
conditions of this agreement or new terms and conditions as he deems fit &
proper under the circumstances.
3. The contractor has no right to receive the vehicle fees beyond the rate
as mentioned in this agreement and in case of violation, the Cantonment
Executive Officer may fine for each day for total violations, which may
extend to Rs.10,000/- unless for specific reasons, waives the penalty of
fine by serving a warning only.
9. That in any case for any reason for the period for which the
agreement has been suspended or operation of the agreement has been
halted / cancelled by any other authority or court, the contractor is not
liable to pay the charges / fee for such time for such area.
11. The contractor has right to bring in the notice of the Cantonment
Executive Officer of his grievances in writing of all matters arising out of
their recovery of vehicle fee as per agreement and the Cantonment
Executive Officer shall consider the grievances of the contractor and shall
decide as soon as and as much as possible fairly and justly.
13. The Cantonment Executive Officer may pass directions from time to
time for smooth implementation of the agreement in his discretion.
14. The Director Military Lands & Cantonments is agreed to be the sole
arbitrator in order to resolve the grievances and to struck down any action if
taken by the Cantonment Executive Officer within this agreement or
otherwise regarding recovery of vehicle fee in the limits of Malir Cantonment
Board and the contractor or any of his person shall not approach to the
court of law until and unless, the matter is decided by the arbitrator.
15. That decision of the sole arbitrator will be final and binding for both
the parties and the same shall be acted upon whole heartedly and sincerely.
In witnesses whereof both the parties have signed this agreement, on the
day, month & year mentioned above.
Witnesses:
2. ________________________ .
________________________. Party of the Second Part.
REVISED AGREEMENT
BETWEEN
AND
THE BANK ALFALAH (PVT) LIMITED , a banking Company incorporated in
Pakistan, having its Registered office at B.A Building I.I Chundriger Road,
Karachi, hereinafter referred to as “LEASEE”, (which expression shall,
wherever the context so admits, means and includes its successors and
assigns) of the OTHER PART.
WHEREAS the Lessee is the tenant of the Lessor in respect of the premises
measuring 1058.64 sq.ft of ground floor the ground floor and the Lessee
desirous to take on rent the new constructed first floor measuring 1124.14
sq.ft of the Cantt Fund Building (Malir Cantonment Library) situated at
Cantt Bazar, Malir Cantt on same term and conditions of agreement on
Ground floor for its banking business, hereinafter referred to as the
“demised premises” upon the terms and conditions contained in this
agreement of lease too.
AND WHEREAS the lessor has agreed to let out the demised premises to the
lease for the commercial purpose on the terms and conditioned appearing
hereinafter by virtue of the Cantonment Board Resolution No.10 dated
29.09.2005.
1. The lessor hereby agrees to let out to the lessee and the lessee
agrees to take on rent the Demised Premises for the period for
which the ground floor is already in his possession as when the
ground floor of the Demise Premises shall be vacated at the same
movement, the first floor shall be vacated subject to the renewal
for further period by mutual written consents of the parties . The
handing over and taking over of possession shall be certified by
both parties in writing but in case if Lessor is not agreed for
extension, the Lessee shall not raise any claim or make any
litigation in this respect.
4. The Lessor hereby assures to the lessee that the Demised Premises
may be used by the Lessee for commercial/banking purposes,
including the function of a branch/office.
5. Upon expiry of the lease period , the lease period may be extended
by mutual written agreement for the parties for such further period
and on terms and conditions to be mutually agreed by the parties
in writing but Lessee shall not claim as a matte of right and in
case of refusal have to vacate Demised Premises without any
claim.
6. Any of one of parties shall have the option to terminate this lease
at any time by serving six months advacne notice whereupon the
Lessess will vacate the Demised Premises and Lessor will refund
the security deposits and unadjusted advance rent.
8. That the Lessee shall use the Demised Premises for office purpose
of bank branch and shall not do any thing which may become a
source of nuisance to the occupants of the other portions of the
building or in the locality.
9. The Lessee will regularly pay electricity charges and water charges
as per actual consumption by Lessee in the Demised Premised, as
billed by authorities, within the due dates. Existing & future
Property Tax and other lieu, on the demised property shall be
borne by Lessor and photo copy of such paid bill shall be provided
to the Lessor for its satisfaction as and when required.
10. That the lessee shall not make any structural changes, additions
or alteration in the Demised Premises without the express written
permission of the Lessor.
12. The lessee shall be allowed to affix free of rent radio link antenna
on the roof top of Demised Premises for its online line link, at its
own cost subject to approval of concerned authorities.
13. The lessee shall keep the Demise premises in clean and sanitary
condition and shall at its own expenses and cost whitewash and
make proper repair etc. to the Demised Premises.
14. The lessee paying the rent hereby reserved and observing and
performing the condition hereinbefore contained, the Lessor shall
ensure to the Lessee quiet and peaceful possession of the Demised
premises during the lease period originally agreed or extended
mutually by the parties without any let or hindrance, eviction or
intrusion or disturbance by the lessor or any person claiming
under or in trust for the lessor.
15. That in the event of the Demise Premises being wholly or partially
damaged by tempest, earthquake, storm or flood or any other for
majeure or Act of God, and the being declared by the competent
authorities unfit/unsuitable for its use and occupation, the Lessee
shall have the option either to terminate the lease forthwith
whereupon remaining rent, if any and security deposit shall be
refunded by the Lessors to the lessee or the Lessee may require the
lessors to reconstruct/restore demises Premises at the Lessor’s
own cost.
16. Any notice require to the given to the Lessee under this Agreement
shall be deemed to have been served if delivered at or sent by
registered post or any courier service, addressed to the Lesseee at
the address stated above. Any notice to be sent by either party to
the other shall be deemed to be sufficiently serviced if delivered to
or sent by registered post addressed to their addresses stated
hereinabove. Change in addresses will be notified in writing by the
parties to each other.
17. The first original lease Agreement shall remain the lessee and the
second original with the Lessor.
18. In witnesses whereof the parties have to have put their respective
signature hereunder at Karachi on day, month and the year fir above
written.
Witnesses: LESSOR:
2. ________________________ .
________________________. Party of the Second Part.
COUNTER SIGNED