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LAND ALLOCATION LETTER NO. [insert] Table 1ƒتاب تخصيص... · Ref.: Date: [insert details of addressee] LAND ALLOCATION LETTER NO. [insert] Table 1.1 Details 1. Lessee - Company

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Page 1: LAND ALLOCATION LETTER NO. [insert] Table 1ƒتاب تخصيص... · Ref.: Date: [insert details of addressee] LAND ALLOCATION LETTER NO. [insert] Table 1.1 Details 1. Lessee - Company

Ref.: Date: [insert details of addressee]

LAND ALLOCATION LETTER NO. [insert]

Table 1.1 Details

1. Lessee - Company Name

2. Contact Person

3. Address (Notice to)

4. Certificate of Registration (“CR”)

5. Date of CR

6. Plot Location

7. Plot PIN

8. Area (m2)

9. Land Allocation Fee (QR)

10. Total Land Allocation Fee (QR)

11. Effective Date

12. Expiration Date

13. Notice Period for Renewal

14. Notice to: Economic Zones Company, Manateq Hamad Al Naimi The Gate, Tower 2, 10th Floor P.O. Box 29000, Doha, Qatar

Signed: _____________________ Hamad Al-Naimi

Chief Operations Officer for and on behalf of

Economic Zones Company, Manateq Company in Table 1.1 registered with Ministry of Economy and Commerce in accordance with the applicable laws of the State of Qatar, requires a land at Birkat al Awamer, Al Wakra, or Aba Saleel, hereinafter as “Southern Region Logistics Park” (“SRLP”) to establish and operate the Company’s project the (“Project “). ECONOMIC ZONES COMPANY, Manateq, (“Manateq”) is authorised and willing to temporarily allocate a parcel of land at SRLP to the Company to enable the Company to carry out, initiate, follow up and complete design works for the Project at SRLP, in accordance with the terms and conditions set out below: 1. The land, as further detailed in Appendix “A” shall be allocated to the Company. The Company shall

complete and submit to Manateq the Acknowledgement attached hereto as Appendix “B” temporary land allocation letter (this “LAL”). In the event of the Company’s non-compliance with this requirement as stipulated, this LAL shall become void without further notification.

2. The duration of this LAL (the “Term”) shall commence on the Effective Date and expire on (the “Expiry

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Date”). If the Company wishes to extend the Term, it shall notify Manateq in writing prior to the Expiry Date, of its intention to do so and provide all necessary supporting documents to enable Manateq to consider such request. Manateq reserves the right to reject or consent to such extension at its absolute discretion and in the event its consent is granted, this may be provided subject to any further amended terms and conditions as Manateq may impose, including a revision to the tariffs and charges.

3. In consideration of this LAL, the Company shall pay a non-refundable land allocation fee (the “Fee”) in accordance with SRLP’s tariffs and charges as determined by Manateq. The Fee shall be payable in form of Managers Cheque issued together with plot application.

4. For so long as this LAL remains in force and unless otherwise specified, the following rules and conditions

shall apply: a) for the avoidance of doubt, this LAL is strictly limited for the purpose of design of the Project as named

in Table 1.1. The Company shall not use and/or carry out any other kind of activities on the Land. Additionally, the Company confirms that nothing in this LAL:

i. shall in any way be considered as a lease or granting any leasing rights to the Company which shall be subject to the signing of a lease agreement in the form to be agreed between the parties; and

ii. grants or purports to grant any right of use, occupation or access other than for the purposes of completing the design works relating to the Project;

b) the Company shall at all times comply with all laws of the State of Qatar including, without limitation, all orders, rules, regulations, executive orders, law decrees, decrees, notifications, or other similar directives made pursuant thereto, as may from time to time be amended or replaced and, for the purposes of this LAL or the performance of the Company’s obligations contained herein, shall include all policies, procedures, rules and regulations, standards issued or adopted in respect SRLP and of general application to all companies (including tenants and other persons operating in SRLP), including, without limitation, the municipal, health, fire, safety, environmental, waste (hazardous and non-hazardous) management and camp regulations and standards and the consolidated work permit procedure;

c) the Company acknowledges that Manateq may from time to time issue regulations, guidelines and procedures applicable to SRLP (either on its own accord or as directed by Qatar Petroleum) and such regulations, guidelines and procedures are subject to change from time to time without prior notice from Manateq. It shall be the Company’s responsibility to obtain the latest version of these documents for its compliance. At all times, the Company shall comply with the latest version of these documents;

d) the Company shall at its sole cost, initiate, follow up and complete the development milestones detailed in Appendix “C” attached hereto in accordance with Manateq’s procedures with respect to the SRLP. The Company shall not make or carry out any building, construction work or improvement on the Land other than as agreed with Manateq and specified herein;

e) the Company shall be responsible, at its own cost, for informing the relevant authorities, obtaining requisite approvals in relation to this LAL and the Project including, without limitation, the Ministry of Municipality and Environment (MME) and any other governmental agency and/or authority and shall copy to Manateq on all correspondence with such authorities in a timely manner; and

f) the Company shall make good and be liable for any damages caused to the Land.

g) The Company accepts the Terms and Conditions of the Lease Agreement to be entered into upon successful completion of the LAL.

5. The Company shall not sublease, transfer, assign or novate all, or any rights in the Land and/or the

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industrial license and/or the Project erected on Land under this LAL, absolutely or conditionally, without Manateq’s prior written consent thereto, which Manateq may withhold or grant conditionally in its absolute discretion.

6. Manateq shall have the right at any time to assign, transfer, novate or sub-contract all or part of its rights and obligations under this LAL to any third party without the consent of the Company. Upon such assignment, transfer, novation or sub-contract, all of Manateq’s obligations relating to the assigned, transferred, novated or sub-contracted part of this Agreement and thereafter to be performed by it shall terminate and shall be assumed by the assignee, transferee, novatee or sub-contractor. The Company agrees that upon such assignment, transfer, novation or sub-contract, and upon the request of Manateq, it shall execute such documents as may be required by Manateq to give effect to such assignment, transfer, novation or sub-contract.

7. Manateq shall at all times have the right to terminate this LAL at convenience (without the need to obtain a court order) by giving two (2) months prior written notice to the Company. The Company shall vacate the Land upon the expiry of the two (2) month period.

8. Manateq shall not, under any circumstance, be liable to the Company, its successors, and insurers for any direct, indirect and consequential losses or damages of whatsoever nature arising out of or in connection with this LAL (including indirect and consequential loss of profit, loss of revenue, loss of use, loss of contracts, loss of business opportunity, death and personal injury) and any claims or assertions of every kind and nature howsoever arising from the LAL., including but not limited to events occurring under force majeure.

9. In the event where the Company is in default of any of its obligations under this LAL, Manateq shall have the right, at its sole discretion, to terminate this LAL by notice to the Company and without the need to obtain a court order.

10. The Company confirms that:

a) Manateq shall not be liable to the Company for any loss or damage arising out of the termination of this LAL including but not limited to refund of the application fee. The Company hereby irrevocably waives and releases Manateq from any claim for recovery, compensation or restitution; and

11. The Company, in performing its obligations under this LAL, shall avoid any real or apparent impropriety that might affect adversely or conflict with the interests of Manateq. The Company shall exercise all reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of Manateq. This obligation shall apply to the activities of the employees and contractors of the Company in their dealings with the employees of Manateq and/or third parties arising from this LAL. These efforts shall include, but not be limited to, establishing precautions to prevent their employees or contractors from making, receiving, providing or offering any substantial gifts, extravagant entertainment, payments, loans or other considerations.

12. The Company agrees and undertakes, on behalf of itself, its affiliates, contractors, and respective personnel, to act at all times in a manner that is consistent with the highest ethical standards. The Company warrants to Manateq that it has not made or offered and will not make or offer, with respect to the matters that are the subject of this LAL, any payment, gift, promise or other advantage, whether directly or through intermediaries, to or for the use of any director, officer or employee of Manateq, except for gifts of nominal value (as determined by Manateq).

13. The Company covenants to indemnify and hold harmless, and keep indemnified and held harmless,

Manateq on demand from all liabilities, damages, costs, expenses, action, demands, proceedings and claims, arising directly or indirectly, in respect of:

a) any injury to or death of any persons by reason of or arising out of the use of the Land by the Company its agents, employees, licensees and permitted occupiers;

b) any damage or loss to the Land or any other third party property;

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c) any damage or loss which may be suffered by any persons by reason of or arising out of the use of

the Land by the Company, its agents, employees, licensees and permitted occupiers;

d) any breach by the Company of its obligations under this LAL;

e) all municipal or government charges, fees, levies, taxes and rates of any kind and nature whatsoever and outgoings, payable by the Company in connection with the Land, or any part thereof; and

f) any failure to vacate the Land as instructed by Manateq.

14. All notices, consents, approvals and other communications between Manateq and the Company shall be considered as duly given if it is made in writing and hand delivered or sent by fax (along with a confirmation report) to Manateq or to the Company, respectively, at their office addresses or fax numbers as appropriate, set forth below, or to such other addresses or fax numbers as may be designated by notice as required herein. All notices (which shall be prepared in English) sent to these addresses shall be considered to be legally binding. Moreover, any notices and/or correspondence dispatched to the facsimile number set out below for any of the Parties shall be legally binding.

If to Manateq: Table 1.1. Clause 16 If to Company Table 1.1 Clause 1,2, &3.

15. This LAL, including the Appendices, shall be read and construed as one document, and without prejudice to the generality of the foregoing, references to the LAL, howsoever expressed, shall be read and construed as references to the LAL as amended and supplemented in the relevant amendment.

16. This LAL shall be governed by and interpreted in accordance with the laws of the State of Qatar.

17. The courts of the State of Qatar shall have exclusive jurisdiction to settle any and all disputes arising between the parties hereof or related to the interpretation or implementation of this LAL.

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APPENDIX “A”

PARTICULARS OF THE LAND

Add the map(s)

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APPENDIX “B”

ACKNOWLEDGEMENT

This Acknowledgement is related to a land allocation letter (the “LAL”) issued by the Economic Zones Company (trading as Manateq) to the Company in connection with the Land described therein. Capitalised terms herein shall have the meanings ascribed to them in the LAL. By signing this Acknowledgement, the Company hereby confirms the following:

a) the Company has thoroughly inspected the Land under PIN number [insert details] detailed in drawing number [insert number] revision [insert] (further particulars as attached to Appendix “A” of the LAL) and has found it acceptable on an “as is, where is” SRLP and is suitable for establishment of the Project;

b) the Company shall comply with all the terms and conditions of the LAL; c) the Company has never been allocated another land for the Project within the State of Qatar; d) all the information supplied by or on behalf of the Company to Manateq prior to the date of the LAL to

enable Manateq to consider the Company’s land allocation request remains accurate and is not misleading; and

e) all the contact details of the Company as stated in the LAL are correct and valid.

For and on behalf of [insert name of Company]

Signature:

Name: _________________________

Title: __________________________

Date:___________________________

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APPENDIX “C”

MILESTONE OF DEVELOPMENT FOR THE PROJECT

During the Term, the Company shall undertake to initiate, follow up and complete the final building permits for the Project in accordance with Manateq’s procedures in respect to SRLP. Notwithstanding any other provision of this LAL, should the Company not adhere to or meet any of the requirements of this Appendix, Manateq may, in its sole and unfettered discretion, deem the Company to be in default of this LAL and the approved land allocation for the Land will be cancelled without further notice to the Company (and without the need to obtain a court order).