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AGREEMENT

THIS AGREEMENT IS MADE AT KARACHI on ________day of the


month_______ of the year 2008.

M/S.______________________, through the Builder, Sponsor, and Owner of


hereinafter called the Builder) which term where the context so admits shall
mean and includes their legal reprehensive,) assigns of the Second Part ad
any other person authorized for the time being either as agent or attorney.

AND
BETWEEN MALIR CANTONMENT BOARD KARACHI through its
Executive Officer, hereinafter called the “AUTHORITY” for approval of
Layout plan / building plan First Part.

TERMS & CONDITIONS:

ARTICLE NO-1 On completion of all requirements Builder, Sponsor/Owner


shall execute an agreement with Authority through its Executive officer (on
proper stamp paper). In addition to other clauses, terms and conditions.

ARTICLE NO-2 The Builder/ Sponsor/Owner of the housing


scheme/Project will be responsible for the execution of external/internal
development work of the said project, which includes the all works,
mentioned in this agreement at their own cost and in approved letter.

ARTICLE NO-3 The Builder /sponsor/owner will complete the entire


construction of their housing scheme / project within a period permitted
under the approval letter. In case the sponsor owner fails to complete the
entire development of their project / housing scheme within the stipulated
period, the owner/ Sponsor/ Owner shall apply for further extension as per
law / bye-laws.

ARTICLE NO-4 The Builder /sponsor/owner shall start the development of


the society / project / housing scheme within 06 month the signing of this
agreement, failing which, leads to cancellation of the approval provided the
authority decides otherwise according to special circumstances of the case.

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-7 That in the best interest/benefit of the allottees/lessee and


the Authority the Builder/Sponsor/Owner shall be bound to PLEDGE the
residential plots/flats in the housing scheme/project at the ratio define slab
in C.B.R. No ___ dated _____ to avoid any mishap/delay in the completion
of the housing scheme/project. Pledged plots/flats shall be released after
completion and approval of the completion plan of the housing
scheme/project.

ARTICLE NO-8 The Builder/ Sponsor/Owner of the housing


scheme/project shall submit an agreement of appropriate valued stamp
paper mentioning number of pledged plots/flats showing red colour in the
Layout/ high-rise building plan, which should not be sub-leased/allotted to
any one until the completion of society/project and such public notice with
full detail of pledged plots / flats shall be given by the builder at his own
cost in daily Dawn and daily Jang, Karachi at his own cost after execution
of pledged agreement.

ARTICLE NO-9 The Builder, Sponsor/Owner of the housing scheme will be


responsible for the execution of external/internal development of the said
project, which includes the all works, mentioned in this agreement at their
own cost.

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-12 In case if, sponsor / builder / owner desires departure


from any article of the agreement or his aggrieved by the directive / decision
of the authority shall approach the President Cantonment to resolve the
dispute and to redress the grievances and the President Cantonment Board
shall act as Arbitrator and the sponsor / builder / owner shall not go in any
court without resolving the dispute before the Arbitrator.

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.

PROVIDED that the Builder /sponsor/owner shall submit the following


layout plans of the under mentioned works

a. Layout Plan of internal Roads.


b. Layout Plan of Lying of water supply lines from KW&SB and internal
distributing system as per requirements of the Housing scheme.
c. Layout Plan of Construction of storm water drains.
d. Layout Plan of Electric Supply, Installation of electric poles with
wires, construction of KESC sub station as per requirement of the
concerned department.
e. Layout plan of Street lights in housing scheme
f. Layout plan of Sewerage Lines.
g. Layout plan of Drainage (wherever necessary).
h. Layout plan of Sui Gas and lying of Gas pipelines as per requirement
of concerned department.

PROVIDED that the above-mentioned Layout plan shall be accompanied by


the feasibility report on electric supply from the K.E.S.C./ Sui Gas from
S.S.G.C. / a similar on water supply from the KW&SB.and Roads from the
CDGK from the Master Plan point of view.

PROVIDED ALSO that the builder/Sponsor/Owner shall


submit the proposed construction schedule.

PROVIDED ALSO that the builder/Sponsor/Owner shall


submit the proposed terms and conditions for the sale or lease
of plots or structures.

PROVIDED ALSO that the builder/Sponsor/Owner shall


arranged for protecting purchasers or sub-leases for defaults by
the developers or contractors.

PROVIDED ALSO that the builder/Sponsor/Owner shall be


installed a layout map guide board (Size 40X20) on site for
public convince.

PROVIDED ALSO that the builder/Sponsor/Owner shall bound


to pay, on demand the outer development charges to the
Board/ Board of Revenue as per agreed formula and the
undertaking provided to this office for the development of the
area surrounding your township.

In witnesses whereof both the parties have signed on this


agreement, on the day, month & year mentioned above.

Witnesses:

1. ________________________ SPONSOR / OWNER / BUILDER.


________________________. Party of the first Part

2. ________________________ AUTHORITY .
________________________. Party of the Second Part.
DRAFT

AGREEMENT

THIS AGREEMENT IS MADE AT KARACHI on this ________ day of


July 2008 BETWEEN the MALIR CANTONMENT BOARD (hereinafter
called the Board) of the First Party.

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:-

TERMS & 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.

i) Truck above 6 wheeler Rs.30/- per trip.


ii) Truck Rs.20/- per trip.
iii) Mini Truck (Mazda, Shahzor etc.) Rs.15/- per trip.
iv) Suzuki Pick up. Rs.10/- per trip.
v) Travel Vehicle except Metro bus/
Sheraz Coach Rs.10/- per trip.
vi) Taxi / four setter Rs.5/- per trip.

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.

4. The contractor shall not claim the continuation of the agreement in


any circumstances as a matter of right after July 09, 2009, however if new
auction is taken place for awarding contract for recovery of vehicle fee, the
contractor has right to participate in the bid and in case if he matches the
highest bid at the fall of hammer, he will be given preference on the bid
given by any other person.

5. The Cantonment Executive Officer for any reason not necessary to


disclose has right to cancel or suspend this contract for a particular period
for whole or for a particular area as he deems fit and necessary but
duration of suspension / cancellation shall not remain to continue for a
period more than two months continuously unless approved by the Board.

6. The period for which the Agreement suspended or cancelled by the


Cantonment Executive Officer or approved by the Board, the contractor has
no right to collect any fee from the vehicle as mentioned in the agreement
but can claim refund / waiver for the suspension / cancellation period by
filing an application in writing to the Cantonment Executive Officer.

7. The Cantonment Executive Officer on receipt of application as


mentioned in Claus-6 shall decide the same after hearing the applicant and
providing him an opportunity to place the evidence before him in support of
his application.

8. For implementation of suspension / cancellation of the agreement


under clause-6, the Cantonment Executive Officer shall inform in writing of
his intention to the contractor by delivering a notice in his office or to him
personally as is convenient for the officer.

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.

10. The contractor in the circumstances, if agreement is suspended, or


halted / cancelled as mentioned in the Agreement or for any reasons which
has not been mentioned in the agreement, the contractor has right to make
request in writing to the Cantonment Execution Officer for deduction of the
payment for such time and for the area, in which operation of the
agreement has been suspended / cancelled and halted.

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.

12. The Cantonment Executive Officer shall as much as possible render


all necessary assistance for implementation of the agreement for smooth
collection of vehicle fee.

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:

1. ________________________ Malir Cantonment Board.


________________________. Through its Executive Officer
Party of the first Part

2. ________________________ .
________________________. Party of the Second Part.
REVISED AGREEMENT

This Agreement of Lease is made at Karachi on _________________ th day of


August, 2008.

BETWEEN

The Malir Cantonment Board, Bostan Lines, Malir Cantt, Karachi-9


(through its Executive Officer) hereinafter referred to as the “LESSOR”
(which expression shall, wherever the context so admits, means and
includes its successors and assigns) of the ONE PART.

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.

NOW THEREFORE THIS AGREEMENT WITHNESSETH and its is hereby


agreed by and between the parties hereto as follows:

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.

2. (a) The Rent for the Demised Premises shall be Rs:___________ /-


(Rupees ____________________________________________ only) per
year w.e.f _____________ and shall be payable yearly in advance.

(b) The Lessee, at the time of signing of this Agreement to Lease


shall pay Rs:____________ (Rupees ____________________________) to
the Lessor as security deposit, which will be refunded to the Lessee
at the time of vacating and handing over the demised premises by
the lessee after deducting the amount if any.
3. The lesser hereby assures the Lessee that the Lessor has valid and
subsisting title as exculusive lawful owner (free from
encumbrances, existing and potential dispute litigation) to the
Demised Premises and Lessor has full power and legal authority to
grant a lease of the same to the Lessee and that the Lessor has full
power and legal authority to receive the rent in its name as agreed
hereinabove. The Lessor shall indemnify and keep the Lessee safe
and harmless from any and all claim, demands, liabilities, loss,
cost, charges and expenses that may be suffered or incurred by
the Lessee owing to any defect in Lesssor’s title or any dispute
about the same.

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.

7. The Lessor shall provide NOCs or certificate(s) in prescribed format


to enable the Lessee to obtain telephone, telex, fac and electricity
connection in the Demised Premises for the completing any legal
formalities relating to utility services. All charges/expenses in this
respect shall be bone by the Lessee.

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.

11. The Lessor shall be entitled on aaffix free of rent suitable


signboard/nameplates/billboards of any size and style in the
Demised Premises at its own cost subject to policy and law of Pak
Army and Cantonment Board.

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:

1. ________________________ Malir Cantonment Board.


________________________. Through its Executive Officer
Party of the first Part

2. ________________________ .
________________________. Party of the Second Part.

COUNTER SIGNED

Cantonment Executive Officer


Malir Cantonement

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