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MALEGAON MUNICIPAL CORPORATION
MALEGAON
BID DOCUMENT FOR CONSTRUCTION OF SHOPPING CENTRE THROUGH
B.O.L.T. SCHEME AT S. NO. 64/1, 65/1,
MOTIBAG NAKA, MALEGAON. Re – Tender
SET-1
TECHNICAL INFORMATION DOCUMENT
PROJECT DEVELOPMENT CONSULTANT
Ar. RITESH R. KANKARIA
10, Pawar Complex, Camp Road,
Malegaon – 423 105 (Nasik)
Phone : 02554 – 256077
Mobile : +91-9422254800
E-mail : [email protected]
Page 2
INDEX
Page No. No. Particulars of Works
From To
1. ISSUE OF BID DOCUMENTS 03 03
2. PREAMBLE 04 04
3. BID NOTICE 05 06
4. DETAILS OF BID NOTICE 07 13
5. SCOPE OF WORK 14 15
6. DEVELOPMENT AGREEMENT 16 62
7. SCHEDULE AND PERFORMA 63 91
8. SPECIFICATIONS AND DRAWING 92 101
Page 3
1. ISSUE OF BID DOCUMENTS
Issued to Shri. / M/s. _______________________________________________
__________________________________ with reference to his / their application dated
__________________________ cost of bid document ` ________________________
Received vide money receipt No. ________________________ dated ______________
City Engineer,
MMC, MALEGAON
DETAILS OF WORKS
Name of Work :- Construction of Shopping Centre through BOLT scheme for
Malegaon Municipal Corporation, Malegaon. At S. NO. 64/1, 65/1,
Motibag Naka, Malegaon. Re Tender
Cost of Bid Form:- ` 10000.00 + 1300.00 = 11300.00
DEVELOPER CITY ENGINEER COMMISSIONER
Page 4
2. PREAMBLE
Urbanization is a Global phenomenon. It is increasing in rapid paces. In our
country too urbanization is showing the ever increasing trend. The state of Maharashtra
also has been passing through a phase of rapid urbanization and industrialization.
Malegaon a Taluka place in Nashik district is also following the same trend but at
its pace. Malegaon city is traditionally well known for its power loom industry. More
ever it is an important trading and commerce centre for the surrounding rural area
Malegaon city has grown very rapidly in the part decade and its population has
incremented very rapidly. The increased. Population has created an additional load on
the existing infrastructural facilities and on Malegaon Municipal Corporation to cater for
it.
With the above in forethought Malegaon Municipal Corporation has decided to
take up commercial exploitation of its land in possession in order to create additional
infrastructure facilities and to generate adequate funds for the effective extention of
services as well as development works.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 5
MALEGAON MUNICIPAL CORPORATION, MALEGAON
E-TENDER NOTICE: MMC/BOT/ 45/2012-13
Malegaon Municipal Corporation, intends to develop lands under their absolute
possession and reserved for commercial purpose in the DP of city by constructing shopping
complex on BOLT (Built, Operate, Lease, Transfer) basis through private participation. The
Commissioner, Malegaon Municipal Corporation, Malegaon invites E-Tendering (Two Bids
System) from eligible and reputed Developers / Contractors / Entrepreneurs having past
experience of development of commercial complex / Big Residential projects. Conditional bids
will not be accepted.
DETAILS OF WORK
Sr.
No
.
Name of work Estimated Cost
of Construction
(`)
Bid Security Time
Limit
Cost of Bid form
(Non Refundable
) (`)
A B C D E F
1 Construction of Shopping
centre at S.No.64/1,65/1
Motibag Naka,Malegaon
(R-Tender)
2,69,78,867/- 2,69,800/- 18
Months
10000.00 +
1300.00
= 11300/-
2 Construction of Shopping
Centre at S.No.95/1(PART)
Islampura Ward , Jafar
nagar Malegaon.
1,86,88,416/- 1,86,900/- 18
Months
10000 + 1300.00
= 11300/-
Online Tender Document Sale
Date
From Date 21/03/2013, 11.01 AM to Date 01/04/2013
upto 04.00 pm.
Date of Bid Preparation From Date 21/03/2012, 11.00 PM to Date 01/04/2013 up
to 4.00 PM.
Date for Online Submission of
Tender Documents
From Date 01/04/2013 06.01 PM to Date 04/04/2013 up
to 4.00 PM.
Date of Tender Opening On Date 05/04/2013 (after 11.00 AM if possible)
DEVELOPER CITY ENGINEER COMMISSIONER
In the both Projects, investment of MMC will be in the form of land only. MMC will provide land
on lease for the initial period of 29 years may be extendable up to 99 years. The successful
Developer will hand over the entire project to MMC free of cost after completion. The MMC will
hand over Shop / other places in the project to the sub lessee for initial period of 29 years may
be extendable up to 99 years and the successful Developer will collect lease premium from the
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sub lessee for the complete lease period. The successful Developer will execute Development
agreement with MMC after submitting performance Guarantee for the amounts as laid dawn in
the Bid document in the form of Bank guarantee. The offer shall remain valid for a period of 240
days from the date of opening of tender.
Tender document should be purchased from the website address
http://maharashtra.etenders.in regarding the tender terms and conditions information
available on above website. Tender should be purchased and submit on internet only. For that
all Developers / Contractors / Entrepreneurs should have registration of Digital Signature or
Renewal for the same. Tender notice and other information also available on website
http://mmc.maharashtra.etenders.in and www.malegaoncorporation.org.
Conditions :
1. Tender document fee and EMD amount should be in the shape of RTGS in the name of the
Commissioner, Malegaon Municipal Corporation payable at Malegaon should be scan and
uploaded above website address. Developers / Contractors / Entrepreneurs also online
submit tender form fee and EMD Amount in the form of D.D. on MMC, Axis Bank Account
no. 913010010433290913010010433290913010010433290913010010433290 (UTR NO UTIB0001240) should be online submitted at MMC, Axis
Bank Account no as mention earlier. Developers / Contractors / Entrepreneurs should scan
and E-mail the bank slip along with the information of D.D. Number, Bank Name, Tender
Notice No., Name of the Work etc. on E-mail Id – [email protected].
2. All tenders terms and conditions available on above website address.
3. Online tender should be submitted in two bid system (Technical and Commercial bid).
4. Tender should be submitted online system only. Commissioner MMC has a right to
reject any or all online tenders without assigning any reason thereof.
5. Developers / Contractors / Entrepreneurs should submit the Original tender form fee
and EMD amount slip (online submitted D.D.) in the office of the Deputy Engineer BOT upto
date 04/04/2013
Date : /03/2013
COMMISSIONER
Malegaon Municipal Corporation, Malegaon
4. DETAILS OF BID NOTICE
1. Name of the Project : Construction of Shopping Complex on BOLT basis
for Malegaon Municipal Corporation,
at S. NO. 64/1, 65/1, Motibag Naka, Malegaon.
2. Cost of Project as estimated
By MMC
: `̀̀̀ 2,69,78,867/-
3. Minimum upset value of
Premium expected by MMC
: `̀̀̀ 1,90,51,166/-
(By cheque payable to The Commissioner,
Malegaon Municipal Corporation, Malegaon as per
Page 7
stated in Item No. 24.
4. MMC Component : 1. Development of Mahavir Garden, Malegaon
Camp costing ` 35,00,000/-.
2. Development of Garden at S. No. 130, Near
Millat Madarsa, Malegaon costing `
35,00,000/-.
3. 50% parking in the basement built-up area +
149.775 Sq.m. for Octroi Naka to MMC.
4. Above MMC component is a part of minimum
upset value expected by MMC.
Original calculated premium for this work is `
2,60,51,166/-. MMC intends to Development of
Gardens costing ` 70,00,000/- from the
Contractor.
(Net Premium is 2,60,51,166.00 – 70,00,000.00
= 1,90,51,166.00)
5. Time Limit for Completion of
work
: 1. Construction 15 Months.
2. Infrastructure Developments : Additional 3
Months.
3. Complete Hand over 18 Months from the date
of work order or Possession of land given by MMC
whichever is later.
6. Lease
Basement Floor
Ground Floor
First Floor
Second Floor
: Per Sq.m. of Carpet Area per month
`̀̀̀ 10.00
`̀̀̀ 10.00
`̀̀̀ 6.00
`̀̀̀ 4.00
Lease Rent will be collected by MMC from 18th
Month onwards from issuing work order.
Monthly rent shall be increased by 10% for every
three years.
The lease rent as described above will have to be
deposited for one year in advance with MMC by
the Developer on the date exactly after completion
of 18 months from issuing work order.
7. Bid Security (EMD) : 6. 1) Bid Security `̀̀̀ 2,69,789/- is to be paid by
scanning & uploading the Demand Draft copy
(payable at Malegaon in the name of The
Commissioner, Malegaon Municipal
Corporation) on the website
www.malegaoncorporation.org. The same can
also be paid by Online Transfer on the account
of MMC, form of D.D. on MMC, Axis Bank
Account no. 913010010433290913010010433290913010010433290913010010433290 (UTR NO
UTIB0001240) should be online submitted at
MMC, Axis Bank Account no as mention
earlier. Developers / Contractors /
Page 8
Entrepreneurs should scan and E-mail the bank
slip along with the information of D.D.
Number, Bank Name, Tender Notice No., Name
of the Work etc. on E-mail Id –
Tender Notice No. and Name of the Tender from
date 21/03/2013 to 01/04/2013.
2) In the event of Tenderer’s bid being accepted
(subject to bid provisions) bid security of
successful bidder will be returned only after the
performance security is paid.
8. Performance Security in the
form Of Bank Guarantee
i) For Implementation period
:
`̀̀̀ 5,39,578/-
(To be released after 7 days from the issuance of
project completion certificate and handover.)
ii) For Developments Rights `̀̀̀ 8,09,366/-
(To be released 28 days after completion of
defects liability period.)
9. Security Deposits (For
Successful Bidder)
(In the form of DD only in
favor of the Commissioner,
Malegaon Municipal
Corporation, Malegaon.)
: `̀̀̀ 5,39,578/-
(To be released after 7 days from the issuance of
project completion certificate and handover.)
10. Bid Validity : 240 Days from the date of opening bid.
11. Sale of Blank Bid Form : From 21/03/2013 to 01/04/2013 on all working
days online from website:
http://maharashtra.etenders.in
www.malegaoncorporation.org
12. Cost of Blank Bid Form `̀̀̀ 10000.00 + 1300.00 = 11300.00
(For 1 set of 2 Volumes)
Cost of Bid Form (Non Refundable) is to be paid by
Demand Draft (payable at Malegaon on the name
of The Commissioner, Malegaon Municipal
: 7. Corporation) is to be scanned and emailed on
account of MMC’s Id : [email protected]. or
can be deposited on the account of MMC,
form of D.D. on MMC, Axis Bank Account no.
913010010433290913010010433290913010010433290913010010433290 (UTR NO UTIB0001240)
should be online submitted at MMC, Axis
Bank Account no as mention earlier.
Page 9
Developers / Contractors / Entrepreneurs
should scan and E-mail the bank slip along with
the information of D.D. Number, Bank Name,
Tender Notice No., Name of the Work etc. on
E-mail Id – [email protected].
from 21/03/2013 to 01/04/2013 up to 5.00 PM.
13. Date of Bid Preparation : From Date 21/03/2012, 11.00 PM to Date
01/04/2013 up to 4.00 PM.
14. Submission of Completed Bid : From Date 01/04/2013 06.01 PM to Date
04/04/2013 up to 4.00 PM.
15. Date. Time and Place of
Opening
: On Date 05/04/2013 (after 11.00 AM if possible)
16. Qualification Criteria : The price bids for those bidders, who fulfill the
qualification criteria mentioned in the bidding
documents, shall be opened and considered.
1) The bidder should have achieved a minimum
average annual financial turnover of `̀̀̀
3,00,00,000/- in last three years.
2) The net worth of the bidder shall be more than
`̀̀̀ 1,20,00,000/- for average annual last 3 years.
3) The weighted net cash accrual of the bidder
shall be more than `̀̀̀ 30,00,000/- for average
annual last 3 years.
4) Report on the financial standing of the bidder
such as profit and loss account statement and
auditor report signed by charted accountant
for the last three years.
5) Joint Venture proposals are accepted and in
case of joint venture proposals and partnership
firms all the above (1 to 6) details of individuals
are required. Valid MOU, Partnership Deed will
also be needed to be attached.
6) PAN Card, Service Tax, VAT, TIN nos. are to be
attached.
7) A certificate from the Officer in charge not
below the rank of Executive Engineer of the
concerned Department about having
satisfactorily completed similar nature of work
amounting ` 1,50,00,000/- should be
furnished.
8) The bidder shall indicate the name of
engineering firms having experience of
construction of similar projects during last
Page 10
three years which he will associates with for
the purpose of investigation, surveys, designs,
preparation of the project. For this he shall
produce a valid agreement, complete data
about the experience and qualifications of the
key personal with the engineering firm.
All above documents marked as qualifying
criteria documents should be submitted in
envelope no. 1.
17. Defects Liability Period : 3 Years from issuing Completion certificate.
18. General : 1) Site visit :- The bidder is advise to visit and
examine the site of work at its own responsibility.
2) One bid per bidder:-A bidder shall submit only one bid in the same bidding process ,
either Individually or as a partner in a M.O.U.
3) The bidder shall carry out his own studies and assessment independently to arrive at
the financial viability of the project. Similarly he shall carry out his own field survey and
investigation including soil investigation and collect necessary data and prepare his
own cost and time estimates for formulating the proposal.
4) The developer shall make his own agreements for financing the scheme from his
own resources and / or from open market through lease of developer’s component of
work constructed.
5) No advance or loans or subsidy or equity will be provided for the project by MMC.
6) No separate land shall be made available by the MMC for accommodating
temporary structure such as construction yards labor hutment etc. and the developer
shall make his own arrangement for the same.
7) The specification enclosed in tender document in Set I are minimum for scope of the
project. The developer has liberty only to offer higher specification while submitting his
offer without any extra cost or condition. The drawing enclosed are conceptual
Developers has to prepare his own drawing for the project and get it approved from
the city engineer and project development consultant prior submitting the same town
planning department of MMC.
8) The developer shall be deemed to have carefully studies the local condition including
market condition of real estate etc. He is deemed to be fully aware of all statory
requirement including those concerning with labour/material and the local condition /
status of a viability and employment of labour/material.
9) The use of land involved in this project as specified in the development plan of
municipal authority shall not be altered except with the prior written permission of
commissioner MMC.
10) The offer quoted by bidder shall be valid for the original contact period as well as
Page 11
during extensions if any duly granted and shall not be subject to any further adjustment
expect as per the condition of contract.
11) The offer shall be inclusive of royalty under minor Act 1968 payable directly to
Revenue department of government as per rates in source. The royalty to be paid shall
not be reimbursed by MMC. A proof of royalty paid for the material used for project
which falls under the act should be submitted to MMC and when required. If MMC
observes that the amount of royalty is not paid by the developer from time to time, the
amount of Royalty necessary amount will be deducted from the Security Deposit and
will be paid directly to the Revenue. Also all the Govt. taxes like Income Tax, Service
Tax, VAT, Octroi or any other taxes levied from Govt. bodies from time to time will be
responsibility of Bidder.
19. Bid liable for rejection if : 1) The bidder has not strictly followed the
procedure
2) Addition, corrections made by any means.
3) The bidder has not signed each page.
4) The bidder has specified any condition.
5) The bidder has affiliated with firms or
persons who have provided consultancy
services for the said project to corporation.
20. Bid opening and evaluation : 1) Bid evaluation committee comprises of
a) Dy. Commissioner (Admin) MMC Chairman
b) City Engineer MMC Malegaon Member
c) Chief Auditor MMC Malegaon Member
d) Accountant MMC Malegaon Member
e) Dy. Engineer MMC Malegaon Member
2) The bids will be opened in the presences of bidders / their authorized representative
who choose to remain present at the date.
3) Envelope No.1 of each bidder will be opened serially. Document in the envelope will
be verified to check their validity as per requirement. If any particular document of any
bid is either missing or does not meet the requirement specified then a note to that
effect will be made by the bid opening authority. After opening of Envelope No. 1 the
employer will carry out the process of security and analysis of various document / data
submitted in Envelope No.1
4) The envelope No.2 of the bids whose Envelope No.1 does not contain the specified
document or any of the specified document is missing, will be separated out. A note on
the envelope No.1 of such bids indicating the nature of deficiency will be made. The
Envelope No.2 of such bid shall not be opened and a note to that effect will be made on
the envelope No.2
5) After the analysis and security of document with respect to requirements of bidding is
over, the Employer shall declare and shall intimate the date and time of opening of
financial Bid(Envelope No.2) to the qualified bidder.
6) The employer will award the contract to a bidder whose bid has been found to satisfy
all the requirement of bid document and who has offered the highest premium amount
Page 12
to MMC.
7) The employer reserves the right to accept or reject all or any bid without giving
reasons thereof to cancelled the bid process and reject all bids at any time prior to award
of contract.
21. Liquidated damages for delay
Beyond the schedule project
Completion.
: ` 1000/- per day for every day of delay.
Limited to 10% of the project cost.
22. Fees for design approving engineer/
Proof consultant.
: ` 6,50,000/- to be paid in lump sum upfront to
be Paid to PDC by the developer.
23. Fees for Supervision consultant : ` 3,00,000/- To be paid lump sum.
24. Schedule of premium payment And
handing over of site Developer
:
S. No.
Owners Components and
Installment of Premium
Part of land to be handed
over to developer for
commercial development
Time period
1. 25 % of agreed premium of the
Time of signing agreement
-------- -------
2. 100% Construction of owner
components parking in
basement and 50 % of agreed
premium.
75% of G.F. BUA. 6 months for
Construction and
1 Month for payment
of Premium.
3.
Remaining 50 % of agreed
premium.
Remaining 25% of G.F. BUA. 12 Months
Note:- The premium amount should be paid by Cheque payable to the commissioner ,
MMC , Malegaon well in advance before the due date as per time schedule mentioned
above. Failure to the premium amount before due date may attract an interest at the rate
of 2% p.m. for the period of delay after due date. Payment schedule will be strictly
followed by MMC. Contractor has no right to assign any reason for concession for delayed
payment. Non-availability of any Construction Material, Labour, Machinery, Financial
Constraint, Non-sell of DEVELOPER’s component, Legal Permissions etc. should not affect
the project completion period as well as premium payment schedule.
25. Submission of bids
1. The successful bidder shall sign the set of bid documents supplied to him, after work
has been awarded to him.
2. Envelope No.1
All documents mentioned in above Sr no. 16 ( 1 To 8 ) marked as qualifying criteria
documents should be submitted along with the below mention documents (a to q) in
Page 13
envelope no. 1.
a) Bid security in form prescribed.
b) The set I (Technical information document).
c) Covering letter stating brief introduction about the Bidder.
d) Details of Bidder ( Performa 1 and 2)
e) General Experience Record. ( Performa 3)
f) Particular Experience Record. ( Performa 4)
g) Details of contracts of similar nature and complexity. ( Performa 5)
h) Summary sheet : Current contact Commitment / Work in progress (Performa 6)
i) Personal capabilities ( Performa 7)
j) Candidate Summary. ( Performa 8)
k) Equipment capability ( Performa 9)
l) Financial capability ( Performa 10)
m) Litigation history ( Performa 11)
n) Averment and Authorization ( Performa 12)
o) Copies of M.O.U. agreement / Memorandum of understanding entered between
firms / partners for execution of this project.
p) The names of sub Developers (construction agencies) for various components of the
work and their capabilities. Any other relevant technical details. It is emphasized that
the information submitted will be subject to security verification by the CITY
ENGINEER and project development Consultant. (PDC).
q) Declaration of the bidder.( Performa 13)
3. Envelope No.2
a) The second envelope clearly marked envelope no.2 shall contain the financial bid
document set 2 (Financial information document).along with following details,
b) Bid letter.
c) Detail of project cost.
d) Financial detail of proposal.
e) Expected expenditure during implementation period.
f) Cash flow projection.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 14
5. SCOPE OF WORK
1 City Malegaon
2 Location Motibag Naka
3 City Survey No. 64/1, 65/1
4 Total area of entire plot 1797.30 Sq.m.
5 Area of land under project 1797.30 Sq.m.
6a Allowable FSI 1 i.e. 1797.30 Sq.m.
6b Built up area (BUA) Allowable 1797.30 Sq.m.
7 BUA required by MMC for bona fide use 149.775 Sq.m. for Octroi Naka
8 MMC Component 1. Development of Mahavir Garden,
Malegaon Camp costing ` 35,00,000/-.
2. Development of Garden at S. No. 130,
Near Millat Madarasa, Malegaon costing `
35,00,000/-.
3. 50% parking in the basement built-up
area + 149.775 Sq.m. for Octroi Naka to
MMC.
4. Above MMC component is a part of
minimum upset value expected by MMC.
Original calculated premium for this work
is ` 2,60,51,166/-. MMC intends to
Development of Gardens costing `
70,00,000/- from the Contractor.
(Net Premium is 2,60,51,166.00 –
70,00,000.00 = 1,90,51,166.00)
9 IINFRASTRUCTURE REQUIREDBY MUNICIPAL CORPORATION
a) U.G. water tank Storage 5,000 Liter
b) R.C.C Overhead water tank 7,500 Liter
c) Parking area As per standard norms
d) Electrical Installation Panel board, Parking lights, electrical motor
pumps and other electrical equipments as
per standard norms
e) Drainage and sewerage lines As per standard norms
f) Toilet blocks for public use As per standard norms
g) Water connections 1 Nos. 40 mm Dai. pipe line with water meter
h) Septic Tank 1 Nos.
10 Plantation As per standard norms
11 Lawn / Gardens As per standard norms
12 Rain Water Harvesting As per standard norms
Page 15
13 Pavement Required area excluding lawns, as per
Specified Drawings
14 Structure details R.C.C. framed structure confirming to IS
codes
15 Foundation To be designed to take load of no of floors
proposed Ground + 3 Floor
16 Basement 149.755 Sq.m. area is available for Godown
including entries and toilets etc. and 149.755
Sq.m. area is for Octroi Naka to MMC and
299.55 for parking.
17 Ground floor 599.10 Sq.m. area is available for commercial
purpose including entries and toilets etc.
18 First Floor 599.10 Sq.m. area is available for commercial
purpose including entries and toilets etc.
19 Second Floor 599.10 Sq.m. area is available for commercial
purpose including entries and toilets etc.
20 Terraces All terraces will be under possession and use
of Municipal Corporation except otherwise
specified.
21 Infrastructure to Commercial premises All terraces will be under possession and use
of Municipal Corporation except otherwise
specified.
22 Fire Fighting arrangements Independent staircase, Verandah, passages,
toilet block, drinking water facility, U.G. and
Over head water tank, water supply lines,
Drainage, Electrical installation and other
services specified.
23 Architectural Features As per norms covering entire building
24 Architectural Compound wall with gate. The building shall have state of the art
elevation, with modern and maintenance
free finishes. As per specified drawings
Note:-
1) The detail given above pertaining to work are indicative and for guidance only. The
developer is to provide everything that is shown in the architectural drawing, structural
design and specifications.
2) Any kind of requirement unless otherwise specified shall comply National building code
published in 1970 as amended up to date.
3) Unless otherwise specified Ribbon development Rules as revised up to date shall be
applicable.
4) The floor to floor height shall be within the range of 3.3 m to 4.5 m only as per D.C. rule.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 16
6. FORMAT OF DEVOLOPMENT AGREEMENT
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT is entered into on this the ___________ day of ___________
(Month) _______________ (Year) at _____________
THE COMMISSIONER in his executive capacity for the MALEGAON MUNICIPAL
CORPORATION.MALEGAON hereinafter referred to as the “MMC” (which expression shall
include its successors and assigns),
AND
M/ s XXXXX XXXXXX, a company incorporated under the Companies Act, 1956, having its
registered office at _________________________ hereinafter referred to as the “DEVELOPER”
(which expression shall include its permitted successors and assigns).
WHEREAS,
A. The MMC is keen to implement a project envisaging construction and handling over of
______________________________________ (more particularly described in SET I and
hereinafter referred to as “the project”) with private sector participation and has carried out
feasibility study for the Project.
B. The MMC is responsible for construction and Development MMC Buildings on MMC land in
Malegaon City.
C. For and on behalf of MMC invited tenders from eligible persons for implementing the
Project.
D. In response to the aforesaid invitation for tenders MMC received bids from several persons
including the DEVELOPER / the construction for implementing the Project.
E. MMC after evaluating the aforesaid bids, accepted the bid submitted by the DEVELOPER /
the Consortium and issued the Letter of Acceptance dated ___________ (LOA) to the
DEVELOPER / the Consortium ;
F. In accordance with the requirements of the said tender / bid submitted by the Consortium,
the Consortium has incorporated the DEVELOPER as a special purpose vehicle to implement
the Project through private participation and the MMC gas agreed to grant to the
DEVELOPER, the DEVELOPMENT (as hereinafter defined) on the terms, conditions and
covenants hereinafter set forth in this agreement.
G. The DEVELOPER has delivered to the MMC performance security for construction issued by
________________ for an amount of ` _____________ (` ________ only) valid up to
___________________.
NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS ;
ARTICLE 1
Page 17
DEFINATIONS AND INTERPRETATION
1.1 Definitions :
In this agreement the following words and expressions shall, unless repugnant to
the context or meaning thereof have the meaning hereinafter respectively assigned to
them :
“Accounting Year” means the financial year commencing from 1st
April of any calendar
year and ending on 31st
March of the next calendar year.
“Agreement” means complete bid documents and this agreement including Schedules
‘A’ through ‘Y’ hereto, and any amendments thereto made in accordance with the
provisions of this Agreement.
“Applicable Laws" means all laws, promulgated or brought into force and effect by MMC
or Government of India including regulations and rules made there under, and
judgments, decrees, injunctions, writ and orders of any court of record, as may be in
force and effect during the subsistence of this Agreement.
“Applicable Permits” means all clearances, permits, authorizations, consents and
approvals under or pursuant to Applicable Laws, required to be obtained and
maintained by the DEVELOPER, in order to implement the Project and to provide Project
Facility in accordance with this Agreement.
“Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall include
modifications to or any re-enactment thereof as in force time to time.
“Architect” shall mean Ritesh R.Kankaria and Associates, Project Developments
Consultants, having their registered office at 1, Pawar complex First floor Behind
S.P.Office Camp road appointed by MMC for the purpose of working out feasibility of
project, prepare bid documents and may be delegated with the power to scrutinize and
evaluate bids by the MMC, supervise the work and effectively carrying out the work
under this agreement or his authorized representative.
“Bill of Quantities” means bill of quantities set forth in Schedule.
“Cash Flow Projections” means the estimates of cash flows of the Project as set out in
Schedule.
“Change in Law” means the occurrence of any of the following after the date of this
Agreement :
a) the enhancement of any new Indian Law;
b) the repeal, modification or re-enhancement of any existing Indian Law;
c) the commencement of any Indian law which has not entered into effect until the
date of this agreement;
d) a change in the interpretation or application of any Indian law by a court of record as
compared to such interpretation or application by a court of record prior to the date
of this Agreement ; or
e) any change in the rates of any of the taxes.
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“COD” means the commercial operations date of the Project which shall be the date on
which the Commissioner, MMC has issued the completion certificate upon completion
of destruction of Project.
“City Engineer” shall mean the City Engineer of Malegaon Municipal Corporation. As
mentioned in contract data or any other officer of equivalent rank, if so designated by
the MMC.
“Commencement Date” means the date on which the Work order is given to
DEVELOPER.
“ Competent Authority” shall mean all the sanctioning authorities in respect of project
work such as Local Municipal Authority, MSEB or equivalent authority, Electrical
Inspector, Lift Inspector, Revenue Authorities, etc.
“ Completion Certificate” means the certificate issued by the Commissioner, MMC
pursuant to Article
“ Consortium” means the consortium consisting of acting pursuant to the Memorandum
of Understanding dated (as per Volume II) (Schedule ‘U’ ) entered into by them, for the
purpose of bidding for the project and in the event of being successful to implement the
Project through a special purpose vehicle to be formed and incorporated by them in
India.
“Construction Works” means all works and things necessary to achieve all components
to the Project in accordance with this Agreement.
“Contractor” means Person with whom the DEVELOPER has entered into / may enter
into all or any of the Project Agreements.
“Cure Period” means the period specified in this Agreement for curing any breach or
default of any provisions of this Agreement by the Party responsible for such breach or
default.
“Days” are calendar days; Months are calendar months.
“D.C.Rules” shall mean Development control Rules of Municipal Authority or any other
Authority designated by MMC under M.R.T.P. act.
DEVELOPER CITY ENGINEER COMMISSIONER
“Debt Due” means the aggregate of the following sums expressed in Rupees outstanding
and payable to the Lenders under the Financing Documents :
i. The principal amount of the debt provided by the Lenders under the Financing
Documents for financing the Project (the “ principal”) which is outstanding as on the
Termination Date but excluding any part of the principal that had fallen due for
repayment one year prior to the Termination Date unless such repayment had been
rescheduled with the prior consent of M .M.C. ; and
ii. All accrued interest, financing fees and charges payable on or in respect of the debt
referred to in sub – clause (i) above up to the date preceding the Termination Date
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but excluding (a) any interest, fees or charges that had fallen due one year prior to
the Termination Date, and (b) penal interest or charges payable under the Financing
Documents to the Lenders.
iii.
“Defect” is any part of the works not completed in accordance with the condition of
contract.
“Defects Liability Period” is the period named in the contract Data and calculated
from the completion Date.
“Department” shall mean public works Department of the M.M.C.
“Design Approving Authority” (D.A.A.) shall mean Ritesh R. Kankaria, the project
Development Consultants nominated by the MMC for scrutiny and approval of the
design calculations and structural drawings prepared and submitted by the DEVELOPER
and forwarded to City Engineers for Approval.
“DEVELOPMENT” shall have the meaning ascribed thereto in Article 2.1.
“DEVELOPER” means M/s. XXXX (Set- II) and shall include its successors and permitted
assigns expressly approved by M.M.C.
“Dispute” shall have the meaning ascribed thereto in Article 19.1.
“Dispute Resolution Procedure” means the procedure for resolution of Dispute set forth
in Article 19.
“Drawings” means all of the drawings, designs, calculations and documents pertaining
to the project as set forth in schedule and shall include “ as built” drawings of the
project.
“Emergency” means a condition or situation that is likely to endanger the security of the
individuals on or about the project including users thereof or which poses an immediate
threat of material damage to any of the project Assets.
“Employer” is Malegaon Municipal Corporation, Malegaon represented through The
Commissioner or his authorized representative as indicated in contract Data.
“Encumbrance” means any encumbrance such as mortgage, charge, pledge, lien,
hypothecation, security interest, assignment, privilege or priority of any kind having the
effect of security or other such obligations and shall include without limitation any
designation of loss payees or beneficiaries or any similar arrangement under any
insurance policy pertaining to the project, physical encumbrances and encroachments
on the project site.
“Equipment” is the DEVELOPER machinery and vehicles brought temporarily to the site
to construct the works.
“Equity” means the sum expressed in Rupees representing the equity share capital of
the DEVELOPER and shall include the funds advanced by any member of the Consortium
or by any of its shareholders to the DEVELOPER for meeting equity component of the
Total Project Cost. Provided, however, that for purposes of computing Termination
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payment under this Agreement, Equity shall be reckoned as an amount that is arrived at
after excluding from the equity share capital of the DEVELOPER the sum by which the
capital cost of the project as stated by the DEVELOPER for purposes of claiming
Termination payment exceeded the Total project cost unless such excess cost has been
incurred with the approval of the Lenders and M.M.C..
“Financing Documents” means the documents executed by the DEVELOPER in respect of
financial assistance ( including refinancing ) for the project to be provided by the Lenders
by way of loans, advances, subscription to debentures and other debt instruments and
guarantees, risk participation, take-out financing or any other form of credit
enhancement and shall include loan agreements, guarantee agreements, subscription
agreements, notes and any documents providing security for such financial assistance,
and includes amendments or modifications made thereto.
“Financial Close” means the date on which the Financing Documents Providing for
funding by the Lenders has become effective and the DEVELOPER has immediate access
to such funding under the Financing Documents.
“Force Major Event” shall have meaning ascribed thereto in Article 15.1.
“Good Industry Practice” means those practices, methods, techniques, standards,
specifications, skills, diligence and prudence which are generally and reasonably
expected of and accepted internationally from a reasonably skilled and experienced
operator engaged in the same type of undertaking as envisaged under this Agreement
and acting generally in accordance with the provisions of the PWD with MORTH
specifications/ PWD Standard Specifications and relevant Indian standard codes as
applicable to the work etc; as would be applicable standard specifications and would
means good engineering practices in the design, engineering, construction and project
management and which would be expected to result in the performance of its
obligations by the DEVELOPER and in the operating and maintenance of the project in
accordance with this Agreement, Applicable laws, Applicable permits, reliability, safety,
environment protection, economy and efficiency.
COMMISSIONER“Implementation Period” means the period beginning from
the commencement Date and ending on the last date of defect liability
period.
“Indirect Political Event” shall have the meaning ascribed thereto in Article 15.3.
“Initial Investment” shall have the meaning ascribed thereto in schedule.
“Internal Rate Of Return” shall have the meaning ascribed thereto in Schedule.
“Lenders” means financial institutions, banks, funds, trusts or trustees of the holders of
debentures or other securities their successors and assigns, who provide financial
assistance to the DEVELOPER under any of the Financing Documents.
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“Local Municipal Authority” shall mean Municipal Corporation as mentioned in contract
data or any other authority designated by M.M.C. Under M.R.T.P.act in whose
jurisdiction the work / project is taken up.
“Maintenance Manual” shall have the meaning ascribed to it in Article 9.10.
“Material Adverse Effect” means material adverse effect on (a) the ability of the
DEVELOPER to observe and perform any of its rights and obligations under and in
accordance with the provisions of this Agreement and/or (b) the legality, validity,
binding nature or enforceability of this Agreement.
“Material Breach” means a breach by either party of any of its obligations under this
Agreement which has/ likely to have a material Adverse Effect on the project and which
such party shall have failed to cure within the cure period.
“M.M.C.” means the Malegaon Municipal Corporation, Malegaon, represented through
the Commissioner or his authorized representative.
“Non Political Event” shall have the meaning ascribed thereto in Article 15.2.
“Parties” means the patties to this Agreement collectively and “Party” shall mean either
of the parties to this Agreement individually.
“Performance Security” means the performance security for construction or
performance security for operation and maintenance as applicable in terms of Article 3.
“Person” means any individual, company, corporation, partnership, M.O.U. trust,
unincorporated organization, M.M.C. Agency or any other legal entity.
“Political Event” shall have the meaning ascribed thereto in Article 15.4.
“Premium Amount” means the amount to be paid by the successful developer in
installments as described in the of bidding data to Malegaon Municipal Corporation
towards enjoying development rights, leasing out constructed premises to prospective
occupiers thereby collecting lease premium from them to recover has expenses of
construction, premium amount paid to MMC and all other expenses incurred in
development of project.
“Project” means the project described in Schedule ‘A’ which the DEVELOPER is required
to design, engineer, procure, finance, construct, operate, maintain and transfer in
accordance with the provisions of this Agreement.
“Project Agreements” means collectively this Agreement, any contract for the design,
engineering, procurement and construction of the project, and any other material
contract (other than the Financing Documents) entered into or may hereafter be
entered into by the DEVELOPER in connection with the project.
“Project Assets” means all physical and other assets relating to and forming part of the
project including but not limited to (i) rights over the project Site in the form of license,
or otherwise, (II) tangible assets such as civil works of M.M.C. component of work
including foundations, building, internal and external water supply, sanitary works,
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electrical works and all other infrastructure works, embankments, pavements, road
surface, drainage works, lighting facilities, traffic signals, sign boards, electrical works for
lighting on the project, telephone and other communication systems and equipment for
the project, rest areas, administration and maintenance depots, relief centers, service
facilities etc.(III) Project Facility Situated. On the project site, (iv) the rights of the
DEVELOPER under any Project Agreements, (v) Financial assets, such as security deposits
for electricity supply, telephone and other utilities, etc, (vi) insurance proceeds subject
to Lenders’ rights thereto and (vii) Applicable permits and authorizations relating to or in
respect of the project.
“Project Completion” shall have the meaning ascribed thereto in Article 9.7.
“Project Completion Schedule” means the progressive project milestones set forth in
Schedule ‘D’ for the implementation of the project.
“Project Development Consultant” (PDC) means the Ritesh R Kankaria, nominated by
MMC for working out Feasibility of the project, execute the bid documents, issue
approvals to drawings and supervise the work in accordance with the rules and
regulations.
“Project Facility” means collectively the facilities on the project site to be constructed,
built, installed, erected by implementing the project and more specifically set out in
Schedule.
“Project Site” means the real estate particulars whereof are set out in Schedule on
which the project is to be implemented and the project facility is to be provided in
accordance with this Agreement.
“`̀̀̀” Or “Rupees” or INR” refers to the lawful currency of the Republic of India.
“SBI PLR” means the prime leading rate per annum for loans with 1 (one) year maturity
as fixed from time to time by the State Bank Of India, and in the absence of such rate,
the average of the prime lending rates for loans with 1 (one) year maturity fixed by the
Bank of India and the Bank of Baroda and failing that any other arrangement that
substitutes such prime lending rate as mutually agreed between the parties.
“Scheduled Project Completion Date” shall have the meaning set forth in Article 9.7.
Specifications and Standards” means the specifications and standards relating to the
quality, capacity and other requirements for the project as set forth in Schedule ‘L’ and
any modifications thereof, or additions thereto as included in the design and
engineering for the project submitted by the DEVELOPER to, and expressly approved by
M.M.C.
“Statutory Auditors” means a reputed firm of Chartered Accountants duly licensed to
practice in India acting as statutory auditors of the DEVELOPER.
“Steering Group” means the Steering Group constituted pursuant to Article 7.1.
“Supervision Consultant” shall mean the consultant appointed by the DEVELOPER with
the express approval of the PDC to supervise the work on behalf of DEVELOPER pursuant
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to article 6. In case Developer does not appoint supervision consultant, PDC will act as
supervision consultant.
“Termination” means termination of this Agreement and the DEVELOPMENT hereunder
pursuant to a Termination Notice or otherwise in accordance with the provisions of this
Agreement but shall not, unless the context otherwise requires, include the expiry of
this Agreement/DEVELOPMENT due to expiry to the DEVELOPMENT period in the
normal course.
“Termination Date” means the date on which the Termination occurs which shall be the
date on which Termination Notice has been delivered or deemed to have been delivered
by a party issuing the same to the other party in accordance with the provisions of this
Agreement.
“Termination Notice” means a communication in writing by a party to the other party
regarding Termination in accordance with the applicable provisions of this Agreement.
“Tests” means the tests to be carried out as set forth in and in accordance with Schedule
to determine the project completion and its certification by the PDC prior to
commencement of commercial operating of the project.
“Work Order” shall mean order to start the work issued to DEVELOPER after he has paid
a performance Security and signed the agreement in prescribed form.
1.2 Interpretation
In this Agreement, unless the context otherwise requires,
1.2.1
a) Reference to a statutory provision shall include such provision as is from time
modified or re connected or consolidated so far as such modification or re-
enactment or consolidation applies or is capable of applying to any transactions
entered into hereunder;
b) references to Indian Law shall include the laws, acts, ordinances, rules, regulations,
guidelines or by Laws which have the force of law in any State or Union Territory
forming part of the Union of India;
c) the words imploring singular shall include plural and vice versa, and words denoting
natural persons shall include partnerships, firm, companies, corporations, M.O.U.s,
trusts, associations, organizations or other entities ( whether or not having a
separate legal entirety);
d) the headings are for convenience of reference only and shall not be used in, and
shall not affect, the/ construction or interpretation of this Agreement;
e) terms and words beginning with capital letters and defined in this Agreement
including the Schedules;
f) the words “include” and “including” are to be construed without limitation;
Page 24
g) references to “construction” include, unless the context otherwise requires
investigation, design, engineering, procurement, delivery, transportation,
installation, processing, fabrication, testing, commissioning and other activities
incidental to the construction;
h) any reference to any period of time shall mean a reference to that according to
Indian Standard Time;
i) any reference to day shall mean a reference to a calendar day;
j) any reference to month shall mean a reference to a calendar month;
k) the Schedules and any other document specified in Set I along with CSD additional
condition to this Agreement form an integral part of this Agreement and will be in
full force and effect as through they were expressly set out in the body of this
Agreement;
l) any reference at any time to any agreement, deed, instrument, license or document
of any description shall be construed as reference to that agreement, deed
instrument, license or other document as amended, varied, supplemented, modified
or suspended at the time of such reference;
m) references to recitals, sub-articles, clauses, or Schedules in this Agreement shall,
except where the context otherwise requires, be dammed to be references to
recitals, Articles, sub-articles, clauses and Schedules of or to this Agreement;
n) any agreement, consent, approval, authorization, notice, communication,
information or report required under or pursuant to this Agreement from or by any
party or the CITY ENGINEER shall be valid and effectual only if it is in writing under
the hands of duly authorized representative of such party or the CITY ENGINEER, as
the case may be, in this behalf and not otherwise;
o) any reference to any period commencing “ From” a specified day or date and “ till”
or “until” a specified day or date shall include both such days or dates; and
p) the damages payable by either party to the other of them as set forth in this
Agreement, whether on per diem basis or otherwise, are mutually agreed genuine
pre-estimated loss and damage likely to be suffered and incurred by the party
entitled to receive the same and are not by way of penalty or liquidated damages;
q) unless otherwise expressly provided in this Agreement, any documentation required
to be provided or furnished by the DEVELOPER to the M. M. C. / Steering Group
and/or the CITY ENGINEER shall be provided free of cost and in three copies and if
the M.M.C./Steering Group and/or the CITY ENGINEER is required to return any such
documentation with their comments and/or approval, they shall be entitled to retain
two copies thereof.
1.2.2 Measurements and Arithmetic Conventions
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All measurements and calculations shall be in metric system and calculation done to 2
decimal places, with the third digit of 5 or above being rounded up and below 5
being rounded down
1.2.3 In case of ambiguities or discrepancies within this Agreement, the following shall
apply;
i. Between two Articles of this Agreement, the provisions of specific Articles
relevant to the issue under consideration shall prevail over those in other
Articles;
ii. Between the Articles and the Schedules, the Articles shall prevail;
iii. Between the written description on the Drawings and the Specifications and
Standards, the latter shall prevail;
iv. Between the dimension scaled from the Drawing and its specific written
dimension, the latter shall prevail;
v. Between any value written in numerals and that in words, the latter shall prevail.
ARTICLE 2
DEVELOPMENT AND PROJECT SITE
Grant of DEVELOPMENT
Subject to and in accordance with the terms and conditions set forth in this Agreement, the
M.M.C.hereby grants and authorizes the DEVELOPER to investigate, study, design, engineer,
procure, finance, construct, and hand over the M.M.C. Component of project/ project Facility
and to exercise and/or enjoy the rights, powers, privileges, authorizations and entitlements as
set forth in this Agreement, including but not limited to the development and disposal rights of
the plot marked for DEVELOPER on the drawing in ( collectively “the DEVELOPMENT’) As per
Schedule “I” Lease Deed Agreement.
DEVELOPER CITY ENGINEER COMMISSIONER
Project site
a) The M.M.C. hereby undertakes to handover to the DEVELOPER physical possession of the
Project Site as per the schedule mentioned in Bid free from encumbrances for the purpose
of implementing the project in accordance with this Agreement.
M.M.C. confirms that upon the Project Site being handed over pursuant to the proceeding
sub-article (a) the DEVELOPER shall have the exclusive right to enter upon, occupy and use
the project Site and to make at its costs, charges and expenses such development and
improvements in the project site as may be necessary or appropriate to implement the
project and to provide project Facility subject to and in accordance with the provisions of
this Agreement.
b) At the time of handing over of land / project before issuing work order position of land /
project record, photographs, video films shall be kept and document jointly signed by the
Page 26
CITY ENGINEER and DEVELOPER and work order shall be issued within seven days after such
possession of land by the DEVELOPER.
2.3 Use of the Project Site
The DEVELOPER shall not without prior written consent or approval of the M.M.C. use
the Project Site for any purpose other than for the purposes of the project/the project
Facility and purposes incidental thereto as permitted under this Agreement or as may
otherwise be approved by M.M.C.
2.4 Information about the Project Site
The information about the Project Site set out in Set ‘I’ is provided by the M.M.C. in
good faith and with due regard to the matters for which such information is required by
the DEVELOPER. The M.M.C. agrees to provided the DEVELOPER, upon a reasonable
request, any further information relating to the Project Site, which the M.M.C. may now
possess or may
Hereafter came to possess. Subject to this the M.M.C. makes no representation and
gives no warranty to the DEVELOPER in respect of the condition of the Project Site.
2.5 Peaceful Possession
The M.M.C. warrants that :
(a) the Project Site having been acquired through the due process of law belongs to
and vested in the M.M.C. and that the M.M.C. has full powers to hold, depose of and
deal with the same consistent, interlaid, with the provisions of this Agreement;
(b) the DEVELOPER shall have no obligation/liability as to payment of any
compensation whatsoever to or the rehabilitation and resettlement of any person from
whom the Project Site or any part thereof had been acquired and that the same shall be
the sole responsibility of the M.M.C. and
(c) the DEVELOPER shall, subject to complying with the terms and conditions of this
Agreement, remain in peaceful possession and enjoyment of the project Site during the
DEVELOPMENT period. In the event the DEVELOPER is obstructed by any person
claiming any right, title or interest in or over the Project Site or any part there of
or in the event of any enforcement action interested in or over the Project Site or any
part thereof or in the event of any enforcement acting including any attachment,
restraint, appointment of receiver or liquidator being initiated by any person claming to
have any interest in/charge or the project site or any part thereof, the M.M.C. shall if
called upon by the DEVELOPER, defend such claims and proceedings and also keep the
DEVELOPER indemnified ageist any direct or consequential loss soar damages which
the DEVELOPER may suffer, on account of fanny such right, title, interest or charge.
2.6 Rights and Title Over the Project Site
(a) The DEVELOPER shall have exclusive rights excluding M.M.C. component to the
use of the Project Site in accordance with the provisions of this Agreement and for this
purpose it may regulate the entry and use of the same by third parties.
(b) The DEVELOPER shall allow access to, and use of the Project Site for telegraph
lines, electric lines or such other public purposes as M.M.C. may specify, provided that
such access or use does not result in a Material Advise Effect.
Page 27
(c) The DEVELOPER shall boot part with or create any Encumbrance on the whole or
any part of the Project Site save and except as set forth and permitted under this
Agreement provided however that nothing contained herein shall be construed or
interpreted as restriction on the right of the DEVELOPER to appoint any contractor for
the performance of its obligations hereunder including for operation and maintained of
all or any part of the project/project facility.
(d) No quarries shall be acquired or made available by M.M.C. for the proposed
project. The DEVELOPER shall make his own arrangement in this regard, including
fulfilling the environmental and other requirements of the concerned authorities
without any cost to the M.M.C.
2.7 Environmental Clearance
The M.M.C. confirms that the project/project Site has been granted clearances relating
to environmental protecting and conservation as listed in Schedule except otherwise
specifically stated so in the Bid Data the DEVELOPER shall, however, apply for and obtain
any other Applicable permits related to environmental matters that may be necessary
or required for the Project under any Applicable Laws.
ARTICLE 3
PERFORMANCE SECURITY
3.1 Performance Security
a) The DEVELOPER shall, for due and punctual performance of its obligations during the
Implementation period, deliver to the M.M.C. simultaneously with the execution of this
Agreement a bank guarantee from a branch situated in Maharashtra of Nationalized
bank acceptable to the M.M.C. in the form sets forth in Schedule ‘Q’ the “Performance
Security for construction” for a sum of ` ------------ (as per Bidding Dare – Volume II)
b) Security Deposit : In addition to the Bank Guarantee towards performance security as
stated in 3.1(a) above, the Developer shall, also pay to MMC a Security Deposit for
amount ` ----------- ( as per Bidding Data – Set-I) in the form of Demand Draft in the favor
of the Commissioner, Malegaon Municipal Corporation, Malegaon payable at Malegaon.
3.2 Fresh Performance Security
In the event of the encashment of the Performance Security Security by the M.M.C.
pursuant to Encashment Notice Issued in accordance with the provisions of Article 16
the DEVELOPER shall within 30 (thirty) days of the Encashment Notice furnish to the
M.M.C. fresh performance Security failing which the M.M.C. shall be entitled to
terminate this Agreement in accordance with the provisions of Article16. The provisions
set forth in Article 3.1 above shall apply mutes mutandis to such fresh performance
security.
3.3 Release of Performance Security
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The performance Security and Security Deposited along with EMD shall be released as
specified in Set I.
ARTICLE 4
DEVELOPMENT & DISPOSAL RIGHTS TO DEVELOPER
4.1 Assignment of Development & Disposal Rights to DEVELOPER
On completion of any phase DEVELOPER may request for the assignment of
development and of lease hold right on the plot market for his development and after
his request is accepted by CITY ENGINEER he shall submit bank guarantee as per Article
3.1 (b)
M.M.C. confirms that upon the Project Site being handed over pursuant to the
preceding sub-article the DEVELOPER shall have the exclusive right to develop the site as
per Article 2.2 (a)
4.2 Rights and Title Over the project site
a. submission of bank guarantee as stipulated in a 4.1 above the DEVELOPER shall have the
right to use project site as mentioned in Article 2.6
b. In case the permissible FSI to be used on the land, for which development and lease
hold rights are assigned to DEVELOPER, increases in future it shall be the property of
M.M.C. and the M.M.C. shall have full rights on additional FSI , over and above existing
FSI permissible FSI at the time of last date of submission of bid)
DEVELOPER CITY ENGINEER COMMISSIONER
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ARTICLE 5
OBLIGATIONS AND UNDERTAKINGS
In addition to and not in derogation or substitution of any of the obligations set out elsewhere
in this Agreement, the parties agree and undertake as under
5.1 General Obligations Of The DEVELOPER
The DEVELOPER shall at its own cost and expense :
(i) Investigate, study, design, construct, and hand over the project Assets/Project Facility in
accordance with the provisions of this Agreement, Good Industry Practice and Applicable
Laws,
(ii) Obtain all Applicable permits in conformity with the Applicable Laws and be in
compliance with thereof at all times during the DEVELOPMENT period; at his own cost.
(iii) Procure and maintain in full force and effect, as necessary, appropriate proprietary
rights license, agreements and permissions for material, methods, processes and systems
used in or incorporated into the project;
(iv) Ensure and procure that each Project Agreement contains provisions that would entitle
the M.M. C. or a nominee of the M.M.C. to step into such agreement at the M.M.C.’s
discretion, in place and substitution of the DEVELOPER in the event of Termination
pursuant to the provisions of this Agreement;
(v) Provide all assistance to the CITY ENGINEER and Steering Group as they may reasonably
require for the performance of their duties and services under this Agreement;
(vi) Provide to the Steering Group reports on a regular basis during the implementation
period and the DEVELOPMENT period in accordance with the provisions of this Agreement;
(vii) Appoint, supervise, monitor and control the activities of contractors under their
respective project Agreements as may be necessary;
(viii) Make efforts to maintain harmony and good industrial relations among the
personal employed in connection with the performance of the DEVELOPER obligations
under this Agreement;
(ix) Develop, implement and administer a surveillance and safety program for the
project/project facility and the users thereof and the contractors personnel engaged in the
provision of any services under any of the Project Agreements including correction of safety
violations and deficiencies, and taking of all other actions necessary to provide a safe
environment in accordance with Applicable Laws and Good Industry Practice;
(x) Take all reasonable precautions for the prevention of accidents on or about the project
site/project facility and provide all reasonable assistance and emergency medical aid to
accident victims;
(xi) Not to place or create nor to permit any contractor or other person claming through or
under the DEVELOPER to create or place any Encumbrance over all or any part of the
project Assets, or on any rights of the DEVELOPER therein, save and except as expressly set
forth in this Agreement;
Page 30
(xii)Make its own arrangements for quarrying and payment of royalty charges, and observe
and fulfill the environmental and other requirements under the Applicable Laws and
Applicable permits;
(xiii) Be responsible for safety, soundness and durability of the project Facility
including all structures forming part thereof and their compliance with the Specifications
and Standards;
(xiv) Ensure that the Project Site remains free from all encroachments and take all
steps necessary to remove encroachments, if any;
(xv) Make payment to police MMC or any M.M.C. Agency, if required, for provision of such
services as are not provided in the normal course or are available only on payment;
(xvi) Remove promptly according to Good Industry Practice, from the Project Site, all
surplus construction machinery and materials, waste materials ( including, without
limitation, hazardous materials and waste water), rubbish and other debris ( including
without limitation accident debris) and keep the project site in a neat and clean condition
and in conformity with the Applicable Laws and Applicable permits.
(xvii) The DEVELOPER shall be required to form and register the Co-operative Societies
of the sub lessee of Developers component if here are multiple sub lessee and ensure the
signing of Lease deed in the prescribed format by the Co-operative society or individual sub
lessee if any with on approval of the M.M.C.
5.2 Obligations of the DEVELOPER during Implementation Period
(a) The DEVELOPER shall , before commencement of construction of the project;
(i) submit to the CITY ENGINEER with due regard to project completion schedule
and scheduled project completion Date, its design, engineering and construction time
schedule and shall formulate and provide Critical Path Method (CPM) project Evaluation
and Review Technique (PERT) charts for the completion of the said activates;
(ii) have requisite organization and designate and appoint suitable
officers/representatives as it may deem appropriate to supervise the project and to deal
with the CITY ENGINEER / the Steering Group and to be responsible for all necessary
exchange of information required pursuant to this Agreement;
(iii) undertake do and perform all such acts, deeds and things as may be necessary or
required to adhere to other project completion schedule and to achieve project
completion under and in accordance with this Agreement;
(b) The DEVELOPER shall, at all times, afford access to the project site, to the Steering
Group, the authorized representatives of the M.M.C. the CITY ENGINEER and officer of
any M.M.C. Agency having jurisdiction over the project, including those concerned with
safety, security or environmental protection to inspect the project and to investigate
any matter within their authority and upon reasonable notice, the DEVELOPER shall
provide to such persons reasonable assistance necessary to carry out their respective
duties and functions.
(c) The DEVELOPER shall :
i. Apply for and obtain all necessary clearances and/or approvals for the
construction of M.M.C. component of work from concerned authorities.
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(d) The DEVELOPER shall be responsible for ensuring that any existing utility on, under or
above the project site is kept in continuous satisfactory use, if necessary, by the use of
suitable temporary or permanent diversions.
(e) The DEVELOPER shall bear all costs and charges for special or temporary rights of way
required by it in connection with access to the project site. The DEVELOPER shall obtain
at its cost such facilities on or outside the project site as may be required by it for the
purposes of the project and the performance of its obligations under this Agreement.
(f) The maintenance of the DEVELOPER component of the building, water supply and
electricity charges, various taxes shall be the responsibility of the DEVELOPER till
conveyance lease deed is executed in favor of the registered Co-operative society of
Buyers or any individual buyer if any. In addition, common facilities provided to M.M.C.
component and DEVELOPER component of the buildings shall be maintained by the
DEVELOPER at his own cost till conveyance deed is executed.
(g) The prevailing rules and regulations as specified bay the Local Municipal Authority shall
be applicable for the project.
(h) The project shall be so planned that proper access for all structural parts, utility services
is easily available for inspection.
(i) Restrictions on the height of the building shall be as per prevailing D.C. Rules and bylaws
of Local Municipal Authority. The minimum percentage of ventilation shall be strictly as
given in the D.C. Rules. The DEVELOPER will have to ensure that the floor area per
tenement and height of rooms in their proposal are not less than that shown in the
plans provided by MMC in drawings enclosed in Set- I.
(j) The use of land involved in this project shall be as specified in the development plan of
Municipal Authority.
(k) The DEVELOPER shall complete all the legal formalities before the start of the work.
(l) The DEVELOPER shall provide additional facilities at the disposal of Engineer-in-charge
as mentioned on Contract Data. The DEVELOPER shall meet all the expenses connected
with the operation and maintenance of these additional facilities during construction
period as per specified in Set I.
(m) The DEVELOPER shall make all arrangements at his own cost for safety and security
measures and take all precautions against damages, form accidents of his plant,
equipment, materials, constructed / under construction structures and the staff working
on the project as also the entire site as directed by CITY ENGINEER. The DEVELOPER
shall comply with all rules and regulations, bye-laws and directions given from time to
time by competent authority in connection with this work and shall pay all fees, which
are livable on him.
5.3 Obligations of the M.M.C.
The M.M.C. shall :
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(i) hand over the physical possession of project site as per schedule of handing over
of site as given in Building Data in Set I, free from any Encumbrance;
(ii) grant or where appropriate provide necessary assistance to the DEVELOPER in
securing Applicable permits; However the M.M.C. does not own any responsibility for
the delay which may occur in receiving such permits.
(iii) Grant in a timely manner all such approvals, permissions and authorizations
which the DEVELOPER may require or is obliged to seek from the M.M.C. in connection
with implementation of the project and the performance of the DEVELOPER obligations
under this Agreement;
(iv) Ensure peaceful use of the project site by the DEVELOPER under and in
accordance with the provisions of this Agreement without any let or hindrance from the
M.M.C. or persons claiming through or under it;
(v) Upon written request from the DEVELOPER, assist the DEVELOPER in obtaining
access to all necessary infrastructure facilities and utilities, including water, electricity
and telecommunication facilities at rates and on terms no less favorable to the
DEVELOPER than those generally available to commercial customers receiving
substantially equivalent facilities/utilities;
(vi) Procure that no barriers are erected or placed by M.M.C. or any M.M.C. Agency
on the project Facility/project site, except on account of any law and order situation or
upon national security considerations;
(vii) Assist the DEVELOPER in obtaining police assistance against payment of
prescribed costs and charges, if any, for patrolling and provision of security on the
project site/project facility and implementing this Agreement in accordance with the
provisions hereof;
(viii) Observe and comply with all its obligation set forth in this Agreement.
ARTICLE 6
Supervision consultant
6.1 Appointment of Supervision Consultant
a) The DEVELOPER shall within 30days from the date hereof submit to the PDC a panel
consisting of at least three reputed firm or companies or body carports or a combination
thereof, having necessary expertise for appointment of the Supervision Consultant to
undertake, perform, carry out the duties, responsibilities, services and activities set forth
in the schedule ‘8’ of this Agreement.
b) The PDC shall within 15 days from the date of receipt of such panel, appoint the
Supervision Consultant from out of such panel, and communicate the same to the
DEVELOPER. The DEVELOPER shall carry out all his responsibilities and obligations under
the Supervision of supervision consultant. The Supervision Consultant shall assist The
CITY ENGINEER and ensure compliance of instructions issued by the CITY ENGINEER from
time.
c) DEVELOPER shall deposit fees of Supervision Consultant with the Commissioner, MMC
as specified in bidding data Set I.
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d) In case of failure of payment as mentioned in 6.1 © above the Commissioner shall have
right to pay the fees to the supervision consultant and recover the same from the
Security Deposit.
e) In case of any delay or dispute between DEVELOPER and the CITY ENGINEER pertaining
to consultants work, the matter shall be referred to The Commissioner by the CITY
ENGINEER/DEVELOPER. The decision of The Commissioner shall be binding upon
DEVELOPER.
f) The Supervision Consultant shall submit to the CITY ENGINEER and PDC repots at least
once every month or more frequently as the situation may warrant on the progress of
implementation of the project,
6.2 Termination and Fresh Appointment
If the City Engineer has reason to believe that the Supervision Consultant is not
discharging its duties in a fair, appropriate and diligent manner, the Commissioner may
terminate the appointment of the Supers ion Consultant and appoint another
Supervision Consultant in accordance with the proceeding sub articles (a) and ( b) of
Article 6.1 above.
ARTICLE 7
STEERING GROUP
Constitution
The Commissioner shall through an office order, constitute a Steering Group under his
Chairmanship comprising of a Deputy Engineer as a member the supervision consultant
as a member, the PDC as a member and the CITY ENGINEER as a member secretary, with
in 60 days of Agreement and The DEVELOPER or his representative whenever required
shall be called as a special invitee.
Functions
The Steering Group shall hold meetings at least once every two months to review the
progress during the Implementation period and every six months during the
Operations period. The Steering Group shall array out such functions and exercise such
powers as are prescribed/conferred under this Agreement.
ARTICLE 8
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DRAWINGS FOR DEVELOPERS and MMC COMPONENT OF PROJECT
8.1 Preparation of Drawings
The DEVELOPER shall, at its cost, charges and expenses, causes Drawings to be prepared
in accordance with the Specification and Standards by appointing experienced Architect
acceptable to PDC. The DEVELOPER may, for this purpose, adopt with or without any
modifications the Drawings, if any made available by the M.M.C. , provided,
notwithstanding such adoption, the DEVELOPER shall be solely responsible for the
adequacy of the Drawings.
8.2 Review and Approval of Drawings
a) The DEVELOPER shall obtain at his own cost necessary approvals from PDC, Municipal
authority and other requisite authorities for plans and designs prepared by the
Developer.
b) The DEVELOPER shall promptly and in such sequence as is consistent with the project
Completion Schedule, submit a copy each of all Drawings to the CITY ENGINEER and the
Steering Group.
a. By forwarding the Drawings to the CITY ENGINEER pursuant to sub-article (b)
above, the DEVELOPER represents that it has determined and verified that the
design and engineering including field construction criteria related thereto are in
conformity with the Specifications and Standards as mentioned in schedule and
as per bid data in Set I.
c) Within 15 (fifteen) days of the final receipt of the Drawings suggested by CITY ENGINEER
/ Design Approving Engineer/ PDC shall review the same taking into account, interlaid,
comments of the Steering Group, if any, on such Drawings made available to the CITY
ENGINEER , and convey its comments/observations, if any, thereon to the DEVELOPER
with particular reference to the conformity or otherwise with the Specifications and
Standards. It is expressly agreed that notwithstanding any review or failure to review by
the CITY ENGINEER or the Steering Group or any comments/observations of the CITY
ENGINEER / Steering Group, the M.M.C. shall not be liable for the adequacy of the
Drawing and that the DEVELOPER shall solely be responsible thereof and shall not be
relieved or absolved in any manner whatsoever of its obligation, duties and liabilities as
set forth in this Agreement.
d) If the comments / observations of CITY ENGINEER indicate that the Drawings are not in
conformity with the Specifications and Standards, such Drawings shall be revised by the
DEVELOPER to the extent necessary and resubmitted to CITY ENGINEER / for further
review CITY ENGINEER and PDC shall give its observations and comments, if any, with 30
days of the receipt of such revised Drawings. Provided, however, that any observations
or comments of CITY ENGINEER / or failure of CITY ENGINEER to give any observations
or comments on such revised Drawings shall not relive or absolve the DEVELOPER of its
obligation to conform to such Specifications and Standards.
e) If the CITY ENGINEER does not object to the Drawings submitted to it by the DEVELOPER
with in a period stipulated in above sub-article © or (d) as applicable, the Developer
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shall be entitled to proceed with the approvals of the drawings from Local Municipal or
concerned Authority.
f) The DEVELOPER shall be responsible for delays in project completion and consequences
thereof caused by reason of any Drawings not being in conformity with the
Specifications and Standards and shall not be entitled to seek any relief in this regard
from M.M.C.
g) Within 90 ( ninety) days of the completion of project, the DEVELOPER shall furnish to
M.M.C. three copies of “as built” Drawings duly vetted by the CITY ENGINEER reflecting
the project as actually designed, engineered and constructed, including without
limitation an “as built” survey illustrating the layout of the project and setback lines, if
any, of the buildings and structures forming part of project facility. The soft copy of
working drawing, structural drawing, electrical drawing and other component shall be
given in the form of duplicate C.D.
h) In case the concessionaire fails to submit “as built” drawings within specified period
amount as mentioned in contract data volume II shall be withheld.
i) Architectural treatment- Architectural treatment for project as approved by PDC to
M.M.C. shall be provided by DEVELOPER in consultation with the CITY ENGINEER. The
cost as submitted by DEVELOPER in his offer shall deem to have included the cost of
architectural treatment.
ARTICLE 9
PROJECT IMPLEMENTATION
9.1 Monitoring and Supervision during Implementation
(a) During the Implementation period, the DEVELOPER shall furnish to the CITY ENGINEER
/Steering Group quarterly reports on actual progress of the Construction works and
furnish any other relevant information as may reasonably be required by the CITY
ENGINEER.
(b) For the purposes of determining that Construction Works are being undertaken in
accordance with Specifications and Standards and Good Industry Practice and for quality
assurance, the DEVELOPER shall carry out such Tests at such time and frequency and in
such manner as may be required by the CITY ENGINEER or as may be necessary in
accordance with Good Industry Practice as per specification in Set I. IV or in any other
volume or document which forms the part of the contract. The DEVELOPER shall with
due diligence carry out all such Tests in accordance with the instructions and asunder
the supervision of the PDC. The DEVELOPER shall promptly carry out such remedial
measures as may be necessary to cure the defects or deficiencies, if any, indicated in
such Test results.
(c) If the CITY ENGINEER reasonably determines that the rate of progress of the
construction of the project is such that the project Completion is not feasible on or
before the Scheduled project Completion Date, it shall so notify the DEVELOPER.
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Thereupon, the DEVELOPER shall within 15 (fifteen) days thereof notify CITY ENGINEER
about the steps it proposes to take to expedite progress.
(d) The CITY ENGINEER may, by a written notice, require the DEVELOPER to suspend
forthwith the whole or any part of the Construction works if in the reasonable opinion of
the CITY ENGINEER such work is being carried on in a manner which threatens the safety
of the Construction works or the users of the project.
(e) The DEVELOPER shall upon, instructions of the CITY ENGINEER pursuant to sub-article (d)
above suspend the Construction Works or any part thereof as the case may be, for such
time and in such manner as may be specified by the CITY ENGINEER and the costs if any
incurred by the
(f) M.M.C. during such suspension to properly protect and secure the Construction Works
or such part thereof as is necessary in the opinion of the CITY ENGINNER (“preservation
costs”), shall be borne by the DEVELOPER.
(g) If the CITY ENGINEER issues any instructions requiring suspension of Construction works
for any reason other than default or breach of this Agreement by DEVELOPER.
(h) the project completion schedule and the scheduled project completion Date shall be
extended by the period of suspension, and
9.2 Approvals/ Permissions from Competent Authorities
a. The DEVELOPER shall obtain the various statutory permissions such as sanction of plans
and estimates including electrification and installation of lift, separate transformer, if
required, from competent Authority, external electric connections from MSEB or any
other competent authority water supply and sanitary arrangement, internal roads,
landscaping, street lights, storm water drains, safety measures such as fire fighting,
lightening conductor etc. from Local Municipal Authority and from the concerned
competent authorities.
b. For obtaining such sanctions from the respective Competent Authorities, all fees/
licenses fees for such sanctions shall be borne by the DEVELOPER.
9.3 Water Supply and Sanitary arrangement
(a) The DEVELOPER shall also provide internal and external water supply and sanitary
arrangements, storm water drains, ground storage reservoir with pump, rising mains
and pump house, electrical supply for them from MSEB, transformer if required etc.
DEVELOPER shall complete all above mentioned structures in all respects sand hand over
the same to the M.M.C. after obtaining unconditional and final occupation certificate
from the Competent Authority.
(b) The water supply system shall be provided by the DEVELOPER as per approved design
and carried out as per standard specifications mentioned in the standard specification.
(c) The DEVELOPER shall provide separate connection for buildings of M.M.C. component
and those of DEVELOPER component along with Internal and External water supply,
connections. The necessary permissions from Local Municipal Authorities shall be
obtained by the DEVELOPER. The plans of distribution of water line, pumping system,
over head tank, etc. shall be got approved from Local Municipal Authorities as well as
from the Engineer-in-charge by the DEVELOPER .The charges for these sanctions shall be
borne by the DEVELOPER.
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DEVELOPER CITY ENGINEER COMMISSIONER
(d) The DEVELOPER shall be responsible to connect external drainage and sewerage lines,
storm water drains, etc. to the main drainage line of Local Municipal Authorities.
9.4 Electrical Installation
(a) Electrification – Electrical installation for internal / external / street lighting of the
project, parking areas, Developers component of work etc. shall be provided by the
DEVELOPER and should be got approved from competent authority. The general
specifications for Electrification are given in Section IV.
(b) The DEVELOPER shall make arrangements through sub leaser to provide separate
electrical metered connections for each shop, office units, and commercial units. The
permission from MSEB or any other competent authority for electrical connection shall
be obtained by the DEVELOPER for the whole project. The charges on this regard shall be
borne by the DEVELOPER/Sub Leaser. The required documentary assistance will be
provided by the MMC as and when necessary.
(c) The Electrical sub station / transformer if required for M.M.C. component and
DEVELOPER component shall be provided independently at the DEVELOPER cost.
(d) The street light arrangement inside the entire complex and area lighting around the
Building complex shall be carried out by the DEVELOPER as per approved plan. The plan
shall be got approved by the DEVELOPER from the Engineer-in-charge. The street light
arrangement shall be independent for M.M.C. component and Developers component
of work.
9.5 Other Infrastructure works
DEVELOPER shall complete other infrastructure works such as internal roads, roadside
gutters, plot development, parking places, compound wall, arboriculture, gardening,
beatification, rain water harvesting, fire fighting, etc. as per provisions of the contract
and as directed by CITY ENGINNER and PDC
9.6 Removal / Diversion of Utility Services
a. The DEVEOPER shall carry out all investigations including locating service lines such as
over ground / under ground utility services like electric poles, telephone poles, water
supply pipe lines, sewer lines, oil pipe lines, cables, gas ducts etc. owned by various
authorities including public Undertakings all local authorities encountered during
construction and shifting these lines as directed by Engineer-in-charge at his own cost.
b. The work removal/diversion/shifting/shifting of utility services shall be carried out under
the supervision of concerned MMC. In case the opining of the CITY ENGINEER it is not
possible to divert the utilities, the DEVELOPER shall make necessary modifications in the
structure at no extra cost to the client
c. The DEVELOPER shall obtain prior approval from concerned authorities regarding
shifting/diverting of utility services. All expenses for shifting/ diverting of utility services
and obtaining necessary permissions from concerned authorities shall be borne by the
DEVELOPER.
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d. As far as possible, the DEVELOPER alternative proposal shall be such that the shifting of
utility services is not required. However, in case in the opinion of the Engineer it is not
possible to divert the utilities, the Developer shall make necessary modifications in the
structure at no extra cost to the client.
9.7 Completion of M.M.C. Component of Project
9.8 Tests
(a) At least 60 (sixty) days prior to the likely completion of the Project, the DEVELOPER shall
notify the CITY ENGINEER and the Steering Group of the same and shall give notice to
them of its intent to conduct Tests. The DEVELOPER shall give the CITY ENGINEER and
the Steering Group at least 10 (ten) days prior notice of the actual date on which it
intends to commence the Tests and at least 7 (seven) days prior notice of
commencement date of any subsequent Tests.
(b) All Tests shall be conducted in accordance with Schedule ‘M’ and the Applicable Laws
and Applicable Permits. The Steering Group/CITY ENGINNERS shall have the right to
suspend or postpone any Test if it is reasonably anticipated or determined during the
course of the Test that the performance of the project or any part thereof does not
meet the Specifications and Standards. The Steering Group may designate a
representative with suitable qualifications and experience to witness and observe
the Tests. (As per contract data in Set-I)
(c) The CITY ENGINEER shall monitor the results of the Tests to determine the compliance of
the project with the Specifications and Standards and shall provide to the Steering
Group copies of all Test data including detailed Test results. ( As per contract data in
Set–I)
(d) --------------- (e) Material for which the test can not be carried out in Field Laboratory shall be tested at
the other Reputed/Authentic Laboratory approved by the CITY ENGINEER/ Testing of
material shall be in presence of CITY ENGINEER or his representative.
(f) Upon the CITY ENGINEER determining the Tests to be successful, it shall forth with issue
to the a DEVELOPER certificate substantially in the form set forth in Schedule ‘N’ ( the
“Completion Certificate”)
(i) If the CITY ENGINEER certifies that it is unable to issue the Completion Certificate
because of events or circumstances which excuse the performance of the
DEVELOPER obligations in accordance with this Agreement and as a consequence
thereof the Tests could not be held or had to be suspended, the DEVELOPER shall re-
schedule the Tests and hold the same as soon as reasonably practicable.
(j) The DEVELOPER shall bear all the expenses relating to Tests under this Agreement.
9.9 Maintenance of M.M.C. Component of Project
9.10 DEVELOPER Component Of Work
a) The development and lease hold rights for the land proposed for Developers
component of work shall be assigned to DEVEOPER by City Engineer in accordance
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Article 4.1. The DEVELOPER shall be permitted to dispose off the constructed units of
DEVELOPER off the constructed units of DEVELOER component of work on sub lease
basis as per the terms of references as approved by Govt. / MMC as stipulated in the
development agreement. The DEVELOPER will be off the constructed units on sub
lease basis for the approved purpose only.
b) DEVELOPER shall construct Commercial Complex, shopping Mall and any other
building under the provision of reservation of land use specified etc. as per the works
specifications for construction in conformity with the requirements laid down in D.C.
Rules of the Local Municipal Authority. The DEVELOPER shall be solely responsible
for obtaining sanctions for Developers component of work, specifying in detail
nature of use form the Local Municipal Authorities.
c) The M.M.C. may approve nature of use of Developers component of work and shall
monitor / supervise the same in future. The DEVELOOPER shall ensure that nature of
use of Developers component of work shall not amount to inconvenience,
discomfort, nuisance, hazardous to public. It shall not create any security problem in
the premises.
d) It will be the responsibility of the DEVELOPER that all requirements such as structural
designs. / quality control / minimum specifications etc. conforming to D.C. Rules of
the local Municipal Authorities and sound engineering practice are ensured either by
way of in-house arrangement or through supervision / structural consultants
approved by competent Authority. No work or component of work shall be started
without getting approval from Local Municipal Authority and/or from Competent
Authority as may be necessary. All such approvals obtained by the DEVELOPER from
various authorities starting from commencement to occupation certificate shall be
submitted to the Engineer-in-charge for record.
e) All type of municipal and other taxes pertaining to Developers component of work,
the DEVELOPER shall be fully responsible for payment of such taxes up to the
execution of Sub Lease Deed with Co-operative Societies formed by DEVELOPER or
individual buyer if any.
f) The MMC may not consider exemptions of taxes, if any, under it’s power and
regulations.
g) The DEVELOPER shall open an escrow account and credit all the revenues from the
project and the funds raised for the project to the same be for drawing funds from it.
This amount would be open to inspection to the lenders as well as MMC so as to
have transparency and land comfort to the lenders.
h) The DEVELOPER shall submit lease deeds to the City Engineer within 15 days from
date of signing of the lease Deed agreement. Between DEVELOPER and Prospective
sub lessee.
i) The DEVELOPER shall be required to form and register the Co-operative Societies of
the sub lessee of Developers component if there are multiple sub lessee and ensure
the signing of sub Lease deed in the prescribed format by the Co-operative society or
individual if any with DEVELOPER and approved from the M.M.C.
j) On Developers component of work, it is the responsibility on the Part of the
DEVELOPER not to change / after use of the premises by the sub lessee till the
execution of Sub Lease with Co-operative societies. The DEVELOPER shall ensure that
till the execution of lease with Co-operative societies, the sub lessee shall not make
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any inconvenience, nuisance, discomfort to the occupants / office bearers of the
M.M.C. around the M.M.C. s component of the work.
k) The maintenance of DEVELOPER component buildings, water supply and electricity
charges. And various taxes shall be the responsibility of the DEVELOPER up to the
execution of sub lease deed with co-operative societies. In addition, common
facilities provided to DEVELOPER part of the building shall be maintained by the
DEVELOPER until execution of sub lease deed with the societies.
l) In case of any defects in the building constructed as Developers component of work,
the entries responsibility lies with the DEVELOPER only. The MMC will not be
responsible in any way for any losses, damages, defects or their rectification.
However if such defects endanger the safely / serviceability of M.M.C. component of
work, the City Engineer will be free to take appropriate action as deemed fit.
m) In addition, common facilities provided to M.M.C. component and DEVELOPER
component of the buildings shall be maintained by the DEVELOPER at his own cost
till sub lease deed is executed and also during lease period.
n) It is clearly understood that the ownership of the proposed project shall remain with
the M.M.C. The DEVELOPER shall not be entitled to earn any_ revenue except by way
of sub lease of constructed units in DEVELOPER component of work.
o) In case the permissible F.S.I. to be sued on the plot for which development and lease
hold right are given to DEVEOPER increases during execution of this project and
thereafter during lease period, the M.M.C. shall have full rights on the additional
F.S.I. over and above the existing F.S.I.
p) For any reason if the DEVELOPER stops construction work, the M.M.C. reserves full
right to prohibit the DEVELOPER from sub lease of Developers component of work.
q) The maintenance of the DEVELOPER component of the building, water supply and
electricity charges, various taxes shall be the responsibility of the DEVELOPER till sub
lease deed is executed in favour of the registered Co-operative society or any
individual buyer if any. In addition, common facilities provided to M.M.C. component
and DEVELOPER component of the buildings shall be maintained by the DEVELOPER
at his own cost till sub lease deed is executed.
r) The DEVELOPER shall bring into notice of the sub leas before sub lease of any unit
that land along with construction made thereon in good condition shall be handed
back quickly and peacefully to the M.M.C. after completion of lease period, without
any liability to M.M.C. or M.M.C. shall not be liable for any compensation on that
behalf.
DEVELOPER CITY ENGINEER COMMISSIONER
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ARTICLE 10
10.1 Financing Arrangement
(a) The DEVELOPER shall at its cost, expenses and risk make such financing arrangement as
would be necessary to finance that project and to meet its obligations under this
Agreement in a timely manner.
(b) In the event of the DEVELOPER employing the funds borrowed from the Lenders to
finance the project, the provisions relating to Lenders including those relating to
Financial Close and Substitution Agreement shall apply.
(c) The DEVELOPER shall within 7 days of achieving Financial Close submit to M.M.C. one set
of Financing Documents evidencing Financial Close.
10.2 Amendments to Financing Documents
For the avoidance of doubt the parties agree that no amendment made to the Financing
Documents without express consent of the M.M.C. shall have the effect of enlarging in
any manner, the obligation of the M.M.C. in respect of Termination Payment under this
Agreement.
ARTICLE 11
SUPERVISION CHARES
11.1 Supervision Charges
(a) All works under or in course of execution/ or executed in pursuance of this Agreement
shall at all times be open to the inspection and supervision by City Engineer and the
authorized representatives of the M.M.C. The DEVELOPER shall at all the times during
the usual working hours and at all other times at which without of the intention of the
representatives of the M.M.C. to visit the work shall have been given to the DEVELOPER,
have a responsible agent/representative present at the project for that purpose..
(b) The DEVELOPER shall pay supervision charges if any as indicated in contract bidding
data towards supervision contemplated by the preceding sub-article (a) The supervision
charges may be paid in equal annual installments over the original scheduled completion
period of MMC component of project with the first installment being paid on the
Commencement Date and every subsequent installment on the date of respective
anniversary of the Commencement Date by way of a cheque / demand draft(s) ( as per
Bidding data in Set-I)
DEVELOPER CITY ENGINEER COMMISSIONER
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ARTICLE 12
INSURANCE
12.1 Insurance during the Implementation period
The DEVELOPER shall, at its cost and expense, purchase and maintain during the
Implementation period such insurance’s as are necessary, including but not limited to
the following:
(a) builders’ all risk insurance;
(b) comprehensive third party liability insurance including injury or death to personnel of
persons who may enter the Project Site;
(c) workmen’s compensation insurance;
(d) any other insurance that ;may be necessary to protect the DEVELOPLER, its employees
and its assets ( against loss, damage or destruction at replacement value ) including all
force Majeure Events that are insurable and not otherwise covered in items (a) to (d).
12.2 Insurance Companies
The DEVELOPER shall insure all insurable assets comprised in the Projects Assets and/or
the Project Facility through M.M.C. Director of Insurance on Indian Insurance
companies and if so permitted by the M.M.C. through foreign insurance companies, to
the extend that insurances are necessary to be effected through them.
12.3 Evidence of Insurance Cover
The DEVELOPER shall, from time to time, provide to CITY ENGINEER copies of all
insurance policies ( or appropriate endorsement, certifications of other satisfactory
evidence of insurance ) obtained by the DEVELOPER in accordance with this Agreement.
12.4 Application of Insurance Proceeds
Subject to the provision of the Financing Documents, all moneys received under
insurance policies shall be promptly applied by the DEVELOPER towards repair or
renovation or restoration or substitution of the Project Facility or any part thereof which
may have been damaged or destroyed. The DEVELOPER for the insurance of DEVELOPER
part may designate the Lenders as the loss payees under the insurance policies/assign
the insurance policies in their favor as security for the financial assistance.
The DEVELOPER shall carry out such repair or renovation or restoration or substitution
to the extent possible in such manner that the Project Facility or any part thereof, shall,
after such repair or renovation or restoration or substitution be as far as possible in the
same condition as they were before such damage or destruction, normal wear and tear
excepted.
12.5 Validity of the Insurance Cover
The DEVELOPER shall party the premium payable on such insurance policy (ies) so as to
keep the policy (ies) in force and valid kip to defect liability of M.M.C. component /
Developers component and furnish copies of the same to the M.M.C. Each insurance
Page 43
policy shall provide that the same shall not be cancelled or terminated unless 10 days’
clear notice of cancellation is provided to the M.M.C. in writing. If at any time the
DEVELOPER fails to purchase and maintain in full force and effect any and all of the
insurances required under this Agreement, the M.M.C. may at its option purchase and
maintain such insurance and all sums incurred by the M.M.C. therefore shall be
recovered by the M.M.C. from performance security and DEVELOPER shall recoup the
performance security to its full amount with in 15 days otherwise it wil be treated as
default.
ARTICLE 13
CHANGE OF SCOPE
13.1 Change of Scope
The M.M.C. may, notwithstanding anything to the contained in this Agreement, require
provision of such addition/deletion to the works and services on or about the Project
which are beyond the scope of the Project as contemplated by this Agreement (“ Change
of Scope”) , provided such changes do not require expenditure exceeding 10 % of project
cost of M.M.C. component of project as given in contract data and do not adversely
affect the Scheduled project completion Date. All such changes shall be made by the
M.M.C. by an order (the “Change of Scope Order”) issued in accordance with the
procedure set forth in Article 13.2.
13.2 Procedure for Change of Scope
(a) The M.M.C. shall whenever it desires provision of addition/deletion of works and
services referred to in Article 13.1. Above, issue to the DEVELOPER a notice of Change of
Scope ( the “Change of Scope Notice “) through the CITY ENGINEER.
(b) Upon receipt of Chain of Scope Notice, the DEVELOPER shall, with in a period of 15 (
fifteen) days, provide to the CITY ENGIEER such information as is necessary and
reasonable together with preliminary documentation in support of the following:
i. The impact which the Change of Scope is likely to have on the Project Completion
Schedule of M.M.C. component of work.
ii. The cost to the DEVELOPER of complying with such Change of Scope Notice on
account of Increases in quantities of items of work mentioned in the Bill of
Quantities at the rate mentioned therein. In case the bill of Quantities does not carry
certain items of work required under the Change of Scope, the DEVELOPER shall
carryout such items of work at the rate of prevalent DSR If there are no rates
available in the DSR then the DEVELOPER shall provide the analysis of rates for
carrying out the items which are not covered by the DSR.
The Engineer will scrutinize and approve the rates. The decision of the Engineer shall
be final and binding on the DEVELOPER
iii. CITY ENGINEER shall review the information provided by the DEVELOPER, assess the
change in quantities of items of work, verify the analysis of rates if required,
determine the additional cost of the DEVELOPER as a result of such Change of Scope,
add such additional cost to Initial Investment in the Cash flow Projections and
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determine the extension, if any , to the financial offer or assignment of additional
development and lease hold rights to DEVELOPER.
(c) The M.M.C. shall issue the Change of Scope Order with a period of 15 days from the
date of recommendation made by the CITY ENGINEER in accordance with preceding
sub-article © above.
(d) The Change of Scope Order shall be effective and binding upon receipt thereof by the
DEVELOPER. Notwithstanding a Dispute regarding cost and time for implementation of
such order, the DEVELOPER shall proceed with the performance of such order promptly
following receipt thereof. Any Dispute regarding the adjustment of additional cost due
to change of scope recommended by the CITY ENGINEER shall be resolved in accordance
with the Dispute Resolution procedure.
(e) All claims by the DEVELOPER pursuant to this Article 13.2 shall be supported by such
documentation as is reasonably sufficient for CITY ENGINEER to determine the accuracy
thereof, including invoices form Contractors and certification of such claims by the
Statutory Auditors.
ARTICLE 14
CAPACITY AUGMENTATION AND ADDITIONAL FACILIITY
14.1 Capacity augmentation of the Project
(a) The M.M.C. may follow a detailed real estate study conducted by PDC decide to
augment/increase the capacity of the Project (Capacity Augmentation) with a view to
provide the additional Project Facility.
(b) The M.M.C. shall invite proposals from eligible persons for Capacity Augmentation. The
DEVELOPER shall have option to submit its proposal for Capacity Augmentation. The bid
document for Capacity Augmentation shall specify a Termination Payment to be made
to the DEVELOPER in case the DEVELOPER chooses not to submit ;its proposal or fails or
declines to match the preferred offer as mentioned in sib-article (e) below.
(c) In case the DEVELOPER, after participating in the bidding procedure, fails to give the
lowest offer, the DEVELOPER shall be given the fist right of refusal to match the
preferred offer. If the DEVELOPER matchers the preferred offer the parties shall enter
into a suitable agreement supplemental to this Agreement to give effect to the changes
in scope of the project, financial offer and all other necessary and consequential
changes. In such an event the DEVELOPER shall pay to the bidder who had made the
highest offer sum of ` 0.1% of the estimated project cost of capacity augmentation
subject to maximum of 10 Lakes towards bidding costs incurred by such bidder.
(d) In cases the DEVELOPER (i) chooses not to submit its proposal for Capacity
Augmentation or (ii) is not the preferred bidder and also fails or declines to match the
preferred offer, the MMC shall be entitled to terminate this Agreement upon payment
to the DEVELOPER of the Termination payment.
(e) The Termination payment referred to in the preceding sub-articles © and (e) above shall
be the amount equivalent to the amount of Termination payment set out in Article
16.2(b).
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ARTICLE 15
FORCE MAJEURE
15.1 Force Major Event
As used in this Agreement, a force Major Event shall mean occurrence in Maharashtra
of any or all of Non Political Event and/or political Event as defined in Article 15.2 15.3
and 15.4 respectively which prevent the party claiming Force Major ( the “Affected
party”) from performing its obligations under this Agreement and which act or event (i)
is beyond the reasonable control and not arising out of the fault of the Affected party,
(ii) the Affected party ha been unable to overcome such act or event by the exercise of
due diligence and reasonable efforts, skill and care, and (iii) has a Material Adverse
Effect on the Project.
15.2 Non Political Event.
For purposes of Article 15.1 hereinabove, Non- political Event shall mean one or more of
the following acts or events:
a) Acts of God or events beyond the reasonable control of the Affected party which could
not reasonably have been expected to occur, exceptionally adverse weather conditions,
lightning. Earthquake, cyclone, flood, volcanic eruption or fire (to the extent originating
from a source external to the project site or beyond design specifications for the
Construction works) or landslide.
b) Radioactive contamination or ionizing radiation;
c) Strikes or boycotts ( other than those involving the DEVELOPER, Contractors or their
respective employees/representatives or attributable to any act or omission of any of
them) interrupting supplies and services to the Project for a period exceeding 7 (seven)
days in an Accounting Year, and not being an indirect political Events set forth in Article
15.3
d) Any failure or delay of a contractor but only to the extent caused by another Non-
political Event and which does not result in any offsetting compensation being payable
to the DEVELOPER by or on behalf of such Contractor;
e) Any judgment or order of any court of competent jurisdiction or statutory authority in
India made against the DEVELOER in any proceedings for reasons other than failure of
the DEVELOPER to comply with any Applicable Law or Applicable Permits or on account
of breach thereof, or of any contract, or enforcement of this Agreement or exercise of
any of its rights under this Agreement by the M.M.C.;
f) Any event or circumstances of a nature analogous to any of the foregoing.
15.3 Indirect Political Event
For purposes of Article 15.1 hereinabove, Indirect Political Event shall mean one or
more of the following acts or event :
a) An act of war ( whether declared or undeclared), invasion, armed conflict or act of
foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil
commotion, or politically motivated sabotage which prevents construction of work by
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the DEVELOPER for a period exceeding a continuous period of 90 (ninety) days in an
Accounting Year;
b) Industry wide or state wide or Indian wide strikes or industrial action which prevent
construction of work by the DEVELOPER for a period exceeding a continuous period of
90 (ninety) days in an Accounting Year, or
15.4 Political Event
For purpose of Article 15.1 hereinabove, political Event shall mean one or more of the
following acts or events by or on account of the M.M.C. or any other M.M.C. Agency:
i) Change in Law, only when provisions of article 17 cannot be applied;
ii) Expropriation or compulsory acquisition by any the M.M.C. Agency of any Project Assets
rights of the DEVELOPER or of the Contractors; or
iii) Any unlawful or unauthorized or without jurisdiction revocation of, or refusal to renew
or grant without valid cause any consent or approval required by the DEVELPER or any of
the contractors to perform their respective obligation under the Project Agreements (
other than a consent the obtaining of which is condition precedent) provided that such
delay, modification, denial, refusal or revocation did not result from the DEVELOPER or
any Contractor’s inability or Failure to comply with any condition relating to grant,
maintenance or renewal of such positions or permits.
15.5 Effect of Force Major Event.
Upon occurrence of any Force Major Event , the following shall apply:
(a) There shall be no Termination of this Agreement except as provided in Article 15.7
hereinafter;
(b) The dates set forth in the Project Completion Schedule, shall be extended by the period
for which such Force Major Event shall subsist;
Cost arising out of or concerning such Force Major Event shall be bone in accordance
with the provisions of the Article 15.6 hereinafter.
15.6 Termination
If a Force Major Event continues or is in the reasonable judgment of the Parties is likely
to continue beyond a period 120 days, the parties may mutually decide to terminate this
Agreement or continue this Agreement on mutually agreed revised terms. If the parties
are unable to reach an agreement in this regard, the Affected party shall after the expiry
of the said period of 120 days, be entitled to terminate this Agreement by issuing
Termination Notice.
15.7 Termination payment for Force Major Events
Upon Termination of this Agreement pursuant to Article 15.6 hereinabove, The
DEVELOPER shall be eligible for termination payment based on the valuation at rates of
items included with this agreement and in absence of this at DSR rate applicable.
15.8 Dispute Resolution
In the event that the parties are unable to agree in good faith about the occurrence or
existence of a Force Major Event , such Dispute shall be finally settled in accordance with
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the Dispute Resolution Procedure, provided in Article 19 of this contract however that
the burden on proof as to the occurrence or existence of such Force Major event shall
be upon the party claiming relief and/ or excuse on account of such Force Major Event.
15.9 Liability for other losses, damages etc.
Save and except as expressly provided in this Article 15, neither party hereto shall be
liable in any manner whatsoever to the other party in respect of any loss, damage, cost,
expense, claims, demands and proceedings relating to or arising out of occurrence or
existence of any Force Major Event or exercise of any right pursuant to this Article 15.
15.10 Duty to Report
The Affected party shall discharge the following oblations in relation to reporting the
occurrence of Force Major Event to the other party
a) The Affected party shall not claim any relief for or in respect of a Force Major Event
unless it shall have notified the other party in writing of the occurrence of the Force
Major Event as soon as reasonably practicable, and in any event within 7 (seven) days
after the Affected party knew, or thought reasonably to have known, of its occurrence
and the probable material affect that the Force Major Event is likely to have on the
performance of its obligations under this Agreement.
b) Any notice pursuant to this Article 15.11 shall include full particulars of;
c) the nature and extent of each Force Major Event which is the subject of any claim for
relief under this Article 15 with evidence in support thereof;
d) the estimated duration and effect or probable effect which such Force Major Event is
having or will have on the Affected party’s performance of its obligations under this
Agreement;
e) the measures which the Affected party is taking, or proposes to take, to alleviate the
impact of such Force Major Event; and
f) any other information relevant to the Affected party’s claim.
g) For so long as the Affected party continues to claim to be affected by such Force Major
Event, it shall provide the other party with regular ( and not less than weekly ) written
reports containing information as required by this Article 15.11 and such other
information as the other party may reasonably request the Affected party to provide.
15.11 Excuse from performance of obligations
If the Affected party is rendered wholly or partially unable to perform its obligations
under this Agreement because of a Force Major Event, it shall be excused from
performance of such of its obligations to the extent it is unable it is to perform on
account of such Force Major Event provided that:
(a) the suspension of performance shall be of no greater scope and of no longer duration
than ;is reasonably required by the Force Major Event;
(b) the Affected party shall make all reasonable efforts to mitigate or limit damage to the
other party arising out of or as a result of the existence or occurrence of such Force
Major Event and to cure the same with due diligence; and Force Major Event:
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(c) when the Affected party is able to resume performance of its obligation under this
agreement , it shall give to their other party written notice to the effect and shall
promptly resume performance of its obligation hereunder.
ARTICLE 16
EVENTS OF DEFAULT AND TERMINATION
16.1 Event of Default
Event of Default means the DEVELOPER event of Default or MMC Event of Default or
Both as the context me admit or require
a) Developer Event of Default
Any of the following events shall constitute an event of default by the DEVELOPER
(“DEVELOPER Events of Default”) unless such event as occurred as a result of MMC
Event of Default or a Force Majuro Events ;
1. The DEVELOPER fails to commence the construction work within 30 days from the
Commencement Date./ handing over land to DEVELOPER by MMC.
2. Any representation made or warranties given by the DEVELOPER under this Agreement
is found to be false or misleading ;
3. The DEVELOPER creates any Encumbrance on the Project Site / Project Facility in favor of
any Person save and except as otherwise expressly permitted under Article 21.1.
4. The Aggregate shareholding of the members of Consortium / Sponsors falls below the
minimum prescribed under Article 20.1 (xi)
5. The transfer, pursuant to law of either (a) the rights and / or obligations of the
DEVELOPER under any of the Project Agreements or (b) all or material part of the
DEVELOPER except where such transfer in the reasonable opinion of the MMC does not
affect the ability of the DEVELOPER to perform and the DEVELOPER has the financial
and technical capability to perform, its material obligations under the Project
Agreements.
6. A resolution is passed by the shareholder of the DEVELOPER for the voluntary winding
up of the DEVELOPER.
7. Any petition offer winding up of the DEVELOPER is admitted by a court of competent
jurisdiction or the DEVELOPER is ordered to be wound up by court except for the
purpose of amalgamation or reconstruction, provided that, as part of such
amalgamation or reconstruction, the property, assets and undertaking of the
DEVELOPER are transferred to the amalgamated or reconstructed entity and that the
amalgamated or reconstructed entity ;has unconditionally assumed the obligations of
the DEVELOPER under this Agreement and the Project Agreements, and provided that:
a. the amalgamated or reconstructed entity has the technical capability and
operating experience necessary for the performance of its obligations under this
Agreement and the Project Agreements;
b. the amalgamated or reconstructed entity has the financial standing to perform
its obligations under this Agreement and the Project Agreements and has a
credit worthiness at least as good as that of the DEVELOPER as at
Commencement Date; and
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c. each of the Project Agreement remains in full force and effect.
8. A default has occurred under any of the Financing Documents and any of the Lenders
has recalled its financial assistance and demanded payment of the amounts outstanding
under the Financing Documents or any of them as applicable.
9. the DEVELOPER suspends or abandons the operations of the Project without the prior
consent of the MMC, provided that the DEVELOPER shall be deemed not to have
suspended/abandoned operation if such suspension/ abandonment was (i) as a result of
Force Major Event and is only for the period such force Major is continuing, or (ii) is on
account of a breach of its obligations under this Agreement by the MMC. Under the
State Support Agreement.
10. The DEVELOPER repudiates this Agreement or otherwise evidences an intention not to
be bound by this Agreement.
11. The DEVELOPER suffers an attachment being levied on any of its assets causing a
material Adverse effect on the project and such attachment continues for a period
exceeding 45 days.
12. The DEVELOPER has delayed any payment that has fallen due under this Agreement and
if such delay exceeds 90 (ninety) days.
13. The DEVELOPER is otherwise in Material Breach of this Agreement.
16.2 Termination due to Event of Default
Termination for DEVELOPER Event of Default
a. Without prejudice to any other right or remedy which the MMC may have in
respect thereof under this Agreement, upon the occurrence of a DEVELOPER
Event of default, the MMC shall subject to the provisions of the substitution
Agreement, be entitled to terminate this Agreement by issuing a Termination
Notice to the DEVELOPER, provided that before issuing the Termination Notice,
the MMC shall by a Notice In writing inform the DEVELOPER of its intention to
issue the Termination Notice ( the “Preliminary Notice”) . In case the underlying
breach / default is not cured within a period of 60 ( sixty ) days from the date of
the preliminary Notice ( Cure Period) MMC shall be entitled to terminate this
Agreement by issuing the Termination Notice provided further, that
b. if the default is not cured with in 30 ( thirty) days of the Preliminary Notice, the
MMC shall be entitled to en cash the Performance Security with a notice to the
DEVELOPER ( Encashment Notice),
c. If the default is not cured within 30 days of the Encashment Notice and a fresh
performance Security is not furnished within the same period in accordance with
Article 3.2, the MMC shall subject to the provisions of the Substitution
Agreement be entitled to issue the Termination Notice.
b) (2) The following shall apply in respect of cure of any of the default and/or breaches
of this Agreement:
(i) The cure period provided in this Agreement shall not relive the
DEVELOPER from liability for damages caused by its breach or
default;
(ii) The cure period shall not in any way be extended by any period of
suspension under this Agreement;
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(iii) If the cure of any breach by the DEVELOPER requires any
reasonable action by DEVELOPER that must be approved by the M. M. C. Agency
hereunder the applicable Cure period shall be extended by the period taken by MMC or
the MMC Agency to accord the required approval.
c) (a) If the contract is terminated because of a fundamental breach of contract by the
DEVELOPER before the assignment of development and lease hold right to the
DEVELOPER, the CITY ENGINEER shall value of the work executive by the DEVELOPER up
to the time of cancellation. the cost of work executed shall be considered as 80 % of this
valuation and remaining 20 % shall be forfeited to MMC being default of DEVELOPER.
The CITY ENGINEEER shall issue a certificate for the value of the work done, less other
recoveries due in terms of the contract. & less 20 % of the value of the work completed,
If the total amount due to the Employer exceeds any payment due to the DEVELOPER,
the difference shall be a debt payable to the Employer. If the total amount due to the
DEVELOPER exceeds the any payment due to the Employer, Employer may cause such
difference to be paid by the new DEVELOPER which will be appointed in due course or
may pay in suitable installments. The MMC shall not be liable for the interest on loan
taken by the DEVELOPER for this project from Financial Institutions or any other entity.
The decision of MMC shall be final and binding on the DEVELOPER.
d) If the Contract is terminated because of a fundamental breach of Contract by the
DEVELOPER after the assignment of development and lease hold rights to the
DEVELOPER the bank guarantee given by the DEVELOPER against the development and
lease hold rights as per Article 3.1 (b) shall be encased and remaining part of component
of work shall be executed at the risk and cost of DEVELOPER through the encased
guarantee. Balance amount if; any shall be paid to DEVELOPER after completion of work.
e) without prejudice to the generality of the foregoing the performance security deposited
by the DEVELOPER shall be forfeited to the MMC for such failure or breach or
termination of contract.
16.3 Rights of M.M.C. on Termination
Upon Termination of this Agreement for nay reason whatsoever, the MMC shall have
the power and authority to
a. take possession and control of project Assets forthwith;
b. prohibit the DEVELOPER and any person claiming through or under the DEVELOPER from
entering upon the Project Assets/dealing with or any part thereof;
c. step in and succeed upon election by the MMC without the necessity of any ;further
action by the DEVELOPER, to the interest of the DEVELOPER under such of the project
Agreements as the MMC may in its discretion deem appropriate with effect from the
date of communication of such election to the counter party to the relative project
Agreements. Provided nay sums claimed by such counter party as being due and owing
for work and services performed or accruing on account of any act, omission or event
prior to such date of election shall and shall always constitute debt between the
DEVELOPER and such counter party and the MMC shall in no way or manner be liable or
responsible for such sums. The DEVELOPER shall ensure that the project Agreements
contain provisions necessary to give effect to the provision of this Article 16.3
16.4 Mode of payment
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Notwithstanding any instructions to the contrary issued or any dispute raised by the
DEVELOPER the Termination payment ,and all other payments if any that would become
payable by the MMC under any of the provisions of this Agreement shall, so long as the
Debt Due is remaining outstanding, be made only by way of credit directly to a bank
account designated therefore ;by the Lenders and advised to the MMC and the
DEVELOPER in writing. Any payment so made shall to the extent of such payment
constitute a valid discharge to the MMC of its obligations towards the DEVELOPER with
regard to the Termination payment and payment of any other monies due hereunder.
16.5 Notwithstanding anything to the contrary contained in this Agreement, any Termination
pursuant to the provisions of this Agreement shall be without prejudice to accrued rights
of either party including its right to claim and recover money damages and other rights
and remedies which it may have in law or contract. All rights and obligations of either
party under this Agreement, including without limitation termination payment, shall
survive the Termination of this Agreement for the extent such survival is necessary for
giving effect to such rights and obligations.
ARTICLE 17
CHANGE IN LAW
17.1 Change in Law
If as a result of Change in Law, the DEVELOPER suffers an increase in costs or reduction
in net after tax return or other financial burden, the aggregate financial effect of which
exceeds 10 % of project cost of MMC component of project as given in contract data in
any Accounting year, the DEVELOPER may notify the same to the MMC/ the Steering
Group/PDC and propose amendments to this Agreement so as to put the DEVELOPER in
the same financial position as it would have occupied had there been no such Change in
law resulting in such cost increase, reduction in return or other financial burden as
aforesaid.
17.2 Adjustment in financial offer
The CITY ENGINEER shall upon being notified by the DEVELOPER of the change in law
and the proposed amendments to this Agreement, assess the change in the financial
position as a result of such Change of Law and determine the adjustment in financial
offer or assignment of development and lease hold disposal rights to DEVELOPER
ARTICLE 18
HANDING OVER AND DEFECT LIABILITY PERIOD
18.1 Handing Over of the project assets
Upon the expiry of the DEVELOPMENT by efflux of time and in the normal course, the
DEVELOPER shall at the end of the implementation period, form the co-operative
societies of buyers of the constructed units of his component if there are multiple sub
lease deed with such co-operative societies or individual buyer if any.
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18.2 Defect Liability Period
Defect liability period for Building works shall be as per contract Data Set-I.
ARTICLE 19
DISPUPTE RESOLUTION
19.1 Amicable Resolution
a) Save where expressly stated otherwise in this Agreement, any dispute, difference or
controversy of whatever nature howsoever arising under, out of or in relation to this
Agreement including incompletion of the project between the parties and so notified in
writing by either party to the other ( the “ Dispute”) in the first instance shall be
attempted to be resolved amiably by the CITY ENGINEER and failing resolution of the
same in accordance with the procedure set forth in sub-article ( b) below.
b) Either party may require the Dispute to be referred to the Commissioner. The
Commissioner shall give his decision within 30 days, In case the DEVELOPER is not
satisfied with the commissioner the DEVELOPER may request in writing to the Chief
secretary UDD Mantralaya Mumbai. Upon such reference, the tow parties shall meet at
the earliest mutual convenience and in any event with 60 days of such reference to
discuss and attempt to amicably resolve he Dispute.
19.2 Conciliation
a) Disputes between the parties shall first be submitted to conciliation. The procedure
outlined in the Arbitration and conciliation Act, 1996 shall be followed
DEVELOPER CITY ENGINEER COMMISSIONER
b) for the appointment of Conciliator the MMC shall propose 3 name of the conciliator out
of which one name will be selected by the DEVELOPER. The procedure to be followed for
conciliation shall be as follow
c) The party initiating conciliation shall sent to the other party a written invitation t
conciliate. Conciliation proceedings shall commence when the other party accepts in
writing the invitation to conciliate. If the other party rejects the invitation, or does not
commence when the other party accepts in writing the invitation to conciliate. If the
other party rejects the invitation, or does not reply within thirty days from the date of
invitation , there will be no conciliation proceedings
d) There shall be one conciliator, unless the parties agree that there shall be two or three
conciliators; where there is more than one conciliator, they ought, as a general rule, to
act jointly
e) when it appears to the conciliator that there exists an element of a settlement which
may be acceptable to the parties, he shall submit them to parties for their observation.
He may reformulate the terms of a possible settlement in the light of their observation.
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f) If the parties reach agreement of the dispute, they may draw up and sign a written
settlement agreement. They may request the conciliator to draw up or assist them in
drawing up to settlement agreement.
g) If settlement agreement shall have the same status and effect as if it is an arbitral award
on agreed terms on the substance of the substance of the dispute rendered by an
arbitral under section 30 of the Act.
h) If a settlement does not appear possible, the conciliator, after consultation with the
parties, will give a written declaration that further efforts at conciliation are no longer
justified and the conciliations proceedings are terminated.
i) The fee payable to the conciliator shall be borne equally by both the parties.
19.3 Arbitration
a)
i. Any Dispute which is not resolved amicably through conciliation as provide in
Article 19.1 and 19.2 shall be finally settled by arbitration under the Arbitration
and conciliation Act 1996 The arbitration shall be by a panel of three arbitrators
one to be appointed by each party and the third to be appointed by the two
arbitrators appointed by the parties. A party requiring shall appoint an arbitrator
in writing, inform the other party fails to appoint its arbitrator, the party.
ii. Appointing arbitrator shall take steps in accordance with Arbitration and
conciliation Act 1996
iii. The person to be appointed as an arbitrator shall not be below the rank of
Commissioner Rtd. Chief Engineer.
b) English Language
The request for arbitration, the answer to the request, the terms of reference, any
written submissions, any orders and rulings shall be in English and, if oral hearings take
place English shall be the language to be used in the hearings.
c) Procedure
The procedure to be followed within the arbitration, including appointment of
arbitrator/ arbitral tribunal, the rules of evidence which are to apply shall be in
accordance with the Arbitration and conciliation Act, 1996
d) Enforcement of Award
Any decision or award resulting from arbitration shall be final and binding upon north
the parties and subject to the provisional of Arbitration Act, 1996
e) Fees and Expenses
The fees and expenses of the arbitrators and all other expenses of the arbitration shall
be initially borne and paid by respective parties subject to determination by the
arbitrators. The arbitrators may provided in the arbitral award for the reimbursement to
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the prevailing party of its costs and expenses in bringing or defending the arbitration
claim, including legal, fees and expenses incurred by party.
f) Performance during Arbitration
Pending the submission of and/ or decision on a Dispute, difference or claim or until the
arbitral award is published; the parties shall continue to perform all all of their
obligations under this Agreement without prejudice to a final adjustment in accordance
with such award.
g) The rate of interest in the award shall not be ;more than “SBI-PLR”.
h) The Arbitrator/s shall declare award within one year from the date of reference of
disputes to the Arbitrator/s
ARTICLE – 20
REPRESENTATION AND WARRANTIES, DISCLAIMER
20.1 Representative and Warranties of the DEVELOPER
The DEVELOPER represents and warrants to the M.M.C. that :
(i) it is duly organized, validity existing and in good standing under the laws of India.
(ii) It has full power and authority to execute, deliver and perform its obligations under this
Agreement and to carry out the transactions contemplated hereby :
(iii) It has taken all necessary corporate and other action under Applicable Laws and its
constitutional documents to authorize the execution, delivery and performance of this
Agreement ;
(iv) It has the financial standing and capacity to undertake the project ;
(v) This agreement constitutes its legal, valid and binding obligation enforceable against it in
accordance with the terms hereof ;
(vi) It is subject to civil and commercial laws of Maharashtra with respect to this Agreement
and it hereby expressly and irrevocably waives any immunity in any jurisdiction in
respect thereof ;
(vii) The execution, delivery and performance of this Agreement will not conflict with,
with result in the breach of, constitute a default under or accelerate performance
required by any of the terms of the DEVELOPER Memorandum and Articles of
Association or any member of the Consortium or any Applicable Laws or any covenant,
agreement, understanding, decree or order to which it is a party or by which it or any of
its properties or assets is bound or affected.
(viii) There are no actions, suits proceedings, or investigations pending or. To the
DEVELOPER knowledge, threatened against it at law or in equity before my court or
before any other judicial quasi judicial or other authority, the outcome of which may
result in the breach of or constitute a default of the DEVELOPER under this Agreement
or which individually or in the aggregate may result in any Material Adverse Effect ;
(ix) It has knowledge of any violation or default with respect to any order, writ, injunction or
any decree of any court or any legally binding order of any M.M.C. Agency which may
Page 55
result in any material adverse effect or impairment of the DEVELOPER ability to perform
its obligations and duties under this Agreement ;
(x) It has complied with all Applicable Laws and has not been subject to any fines, penalties
injunctive relief or any other Civil or criminal liabilities which in the aggregate have or
may have Material Adverse Effect ;
(xi) The aggregate equity share holding of the members of Consortium / Sponsors in the
issued and paid up equity share capital or the DEVELOPER shall not be less than 51 %
(Fifty one Percent)
(xii)Each member of Consortium was and is duly organized and existing under the laws of
the jurisdiction of its incorporation and has full power and authority to consent to and
has validity consented to and requested the MMC to enter into this Agreement with the
DEVELOPER and has agreed to and unconditionally accepted the terms and conditions
set forth in this Agreement ;
(xiii) Subject to receipt by the DEVELOPER from the MMC of the Termination Payment
and any other amount due under any of the provisions of this Agreement, in manner
and to the extent Provided for the under the applicable provisions of this Agreement all
rights and interest of the DEVELOPER in and to the Project Assets shall pass to and vest
in the MMC on the termination Date free and clear of all Encumbrances without any
further act or deed on the part of the DEVELOPER or the MMC ;
(xiv) no representation or warranty by the DEVELOPER contained herein or in any
other document furnished by it to the MMC or to any MMC Agency in relation to
Applicable Permits contains or will contain any untrue statement of material fact or
omits or will omit to state a material fact necessary to make such representation or
warranty not misleading ; and
(xv) no sums, in cash or kind, have been paid or will be paid, by or on behalf of the
DEVELOPER to any person by way of fees, commission or otherwise for securing the
DEVELOPMENT or entering into of this Agreement or for influencing or attempting to
influence any officer or employee of the MMC in connection therewith.
DEVELOPER CITY ENGINEER COMMISSIONER
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20.2 Disclaimer
a. Without prejudice to any express provision contained in this Agreement, the DEVELOPER
acknowledges that prior to take execution of this Agreement, the DEVELOPER has after a
complete and careful examination made an independent evaluation of the project
Specifications and Standards, Project Site and all the information provided by the MMC,
and has determined to the DEVELOPER satisfaction the nature and extent of such
difficulties, risks and hazards as are likely to arise or may be faced by the DEVELOPER in
the course of performance of its obligations hereunder ;
b. The DEVELOPER further acknowledges and hereby accepts the risk of inadequacy,
mistake or error in or relating to any of the matters set forth in (a) above and hereby
confirms that the MMC / STG shall not be liable for the same in any manner whatsoever
20.3 Representation and Warranties of the MMC.
The MMC represents and warrants to the DEVELOPER that ;
i. The MMC has full power and authority to grant the DEVELOPMENT;
ii. The MMC has taken all necessary action to authorize the execution, delivery and
performance of this Agreement;
iii. This Agreement constitutes its legal, valid and binding obligation enforceable against it
in accordance with the terms hereof.
ARTICLE - 21
MISCELLANEOUS
21.1 Assignments and charges
(a) Subject to sub - articles (b) and (c) herein below, this Agreement shall not be assigned by
the DEVELOPER save and except with prior consent in writing of the MMC, which
consent the MMC shall be entitled to decline without assigning any reason
whatsoever.
(b) Subject to sub-article (c) herein below, the DEVELOPER shall not create nor permit to
subsist any Encumbrances over or otherwise transfer or dispose of all or any of its
rights and benefits under this Agreement or any Project Agreement to which
DEVELOPER is a party except with prior consent in writing of MMC, which consent the
MMC shall be entitled to decline without assigning any reason whatsoever.
(c) Restraint set forth in sub-articles (a) and (b) above shall not apply to ;
(i) liens / encumbrances arising by operation of law (or by an agreement evidencing the
same ) in the ordinary course of business of the Project ;
(ii) mortgages / pledges / hypothecation of goods / assets other than Project Site, as
security for indebtedness , in favor of the Lenders and working capital providers for the
Project ;
(iii) assignments of DEVELOPER rights, title and interest under this Agreement to or in favor
of the Lenders pursuant to and in accordance with the Substitution Agreement as
security for their financial assistance,
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(d) Upon occurrence of the DEVELOPER Event of Default the Lenders shall have the right of
substitution as provided in the Substitution Agreement.
21.2 Liability and Indemnity
(a) General Indemnity
(i) The DEVELOPER shall indemnify, defend and hold the MMC harmless against any and
all proceedings, actions and third party claims arising out of a breach by DEVELOPER
of any of its obligation under this Agreement except to the extent that any such
claim has arisen due to DEVELOPER Event of Default.
(ii) The MMC will indemnify, defend and hold harmless the DEVELOPER against any and
all proceedings, actions third party claims for loss, damage of whatever kind and
nature arising out of defect in title and /or the rights of the MMC and /or arising
of a breach by the MMC, its officers, servants and agents of any obligations of
the MMC under this Agreement except to the extent that any such claim has arisen
due to DEVELOPER Event of Default.
(b) Without limiting the generality of this Article 21.2 the DEVELOPER shall fully indemnify,
save harmless and defend the MMC including its officers servants, agents and
subsidiaries from and against any and and all loss and damages arising out of or
with respect to (a) failure of the DEVELOPER to comply with Applicable Laws and
Applicable Permits , (b) payments of taxes relating to the DEVELOPER Contractors,
suppliers and representatives income or other taxes required to be paid by the
DEVELOPER without reimbursement hereunder, or (c) non-payment of amounts due as a
result of materials or services furnished to the DEVELOPER or any of its Contractors
which are payable be the DEVELOPER or any of its Contractor.
(C) Without limiting the generality of the provisions of this Article 21.2, the DEVELOPER shall
fully indemnify, save harmless and defend the MMC from and against any and all
damages which the MMC may hereafter suffer, or pay by reason of any demands,
claims, suits or proceedings arising out of claims of infringement of any domestic or
foreign patent rights copyrights or other intellectual property, proprietary or
confidentiality rights with respect to any materials, information, design or process used
by the DEVELOPER or by the DEVELOPER Contractors in performing the DEVELOPER
obligations or in any way incorporated in or related to the project. If in any such suit,
Claim or proceedings, a temporary restraint order or preliminary injunction is granted,
the DEVELOPER shall make every reasonable effort, by giving a satisfactory bond or
proceedings the Project, or any part thereof or comprised therein order. If in any such
suit claim or proceedings the Project, or any part, thereof or comprised therein is held to
constitute an infringement and its use is permanently injected, the DEVELOPER shall
promptly make every reasonable effort to secure for the MMC a license, at no cost to
the MMC, authorizing continued use of the infringe work. If the DEVELOPER is unable to
secure such license within a reasonable time, the DEVELOPER shall at its own expense
and without impairing the Specifications and Standards either replace the affected
work, or part or process thereof with non - infringing work or parts or process, or modify
the same so that it becomes non - infringing.
(d) In the event that either party receives a claim from a third party in respect of which it is
entitled to the benefit of an indemnity under this Article 21.2 (the " Indemnified Party")
it shall notify the other Party (Indemnifying party" ) within 14 (Fourteen) days of receipt
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of the claim and shall not settle or pay the claim without the prior approval of the
Indemnifying Party wishes to contest or dispute the claim it may conduct the
proceedings in the name of the Indemnifying Party subject to the Indemnifying Party
being secured against any costs involved to its reasonable satisfaction.
(e) Defense of Claims
(i) The Indemnifying Party shall have the right, but not the obligations, to contest,
defend and litigate any claim, action, suit or proceedings by any third party alleged
or asserted against such party in respect of, resulting from related to or arising out of
any matter for which it is entitled to be indemnifying hereunder and their reasonable
costs and expenses shall be indemnified by the Indemnifying Party. If the
Indemnifying Party acknowledge in writing its obligation to indemnify the person
indemnified in respect of loss to the full extent provided by this Article 21.2 the
Indemnifying Party shall be entitled, at its option to assume and control the defense
of such claim, action. suit or proceeding liabilities payments and obligations at its
expense and through counsel of its choice provided it gives prompt notice of its
intention to do so to the Indemnifying Party and reimburses the Indemnifying Party
for the reasonable cost and expenses incurred by the Indemnifying Party prior to the
assumption by the Indemnifying Party of such defense. The Indemnifying Party shall
not be entitled to settle or compromise any claim, action, suit or proceeding without
the prior written consent of the Indemnifying Party unless the Indemnifying Party
provides such security to the Indemnifying Party as shall be reasonably required by
the Indemnifying Party to secure, the loss to be indemnified hereunder to the extent
so compromised or settled.
(ii) If the Indemnifying Party has exercised it rights under the Article 21.2 (d) above the
Indemnifying Party shall not be entitled to settle or compromise any claim, action,
suit or proceeding without the prior written consent of the Indemnifying Party (d)
above the Indemnifying Party (Which Consent shall not be unreasonably withheld or
delayed.)
(iii) If the Indemnifying Party exercises its rights under Article 21.2 (d) above then the
Indemnifying Party shall nevertheless have the right to employ its own counsel and
such counsel may participate in such action, but the fees and expenses of such
counsel shall be at the expense of such Indemnifying Party, when and as incurrent,
unless ;
1) the employment of counsel by such party has been authorized is writing by the
Indemnifying Party ; or
2) the Indemnifying Party shall have reasonably concluded that there may be a conflict of
interest between the Indemnifying Party and the Indemnifying Party in the conduct of
the defense of such action ; or
3) the Indemnifying Party shall not in fact have employed independent counsel reasonably
satisfactory to the Indemnifying Party to assume the defense of such action and shall
have been so notified by the Indemnifying Party ; or
4) the Indemnifying Party shall have reasonably concluded and specifically notified the
Indemnifying Party either
a) that there may be specific defenses available to it which are different from or
additional to those available to the Indemnifying Party ; or
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b) that such claim, action, suit or proceeding involves or could have a material adverse
effect upon it beyond the scope of this Agreement, provided that if sub- articles
(2),(3) or (4) of Article 21.2 (e)(ii) shall be applicable, counsel for the Indemnifying
Party shall have the right to direct the defense of such claim, action, suit or
proceeding on behalf of the Indemnifying Party and the reasonable foes and
disbursements of such counsel shall constitute legal or other expenses hereunder.
21.3 Advertising on the Project Site
The DEVELOPER shall not undertake or permit any form of commercial advertising,
display or hoarding at any place on the Project Site.
21.4 Governing Laws and Jurisdiction
This Agreement shall be constructed and interpreted in accordance with and governed
by the laws of India and the Courts in Maharashtra shall have jurisdiction over all
matters arising out of or relating to this Agreement.
21.5 Waiver
a) Waiver by either party of and default by the other party in the observance and
performance of any provision of or obligation or under this Agreement.
b) Shall not operate or be constructed as a waiver of any other or subsequent default
hereof or of other provisions or obligations under this Agreement.
c) Shall not be effective it is in writing and executed by a duly authorized representative of
such party ; and
d) shall not effect the validity or enforceability of this Agreement in any manner.
e) Neither the failure by either party to insist on any occasion upon the performance of the
terms, conditions and provisions of this Agreement or any obligation hereunder nor
time or other indulgence granted by a party shall be treated or deemed as waiver of
such breach or acceptance of any variation or the relinquishment of any such right
hereunder.
21.6 Survival
Termination of this agreement
a) shall not relieve the DEVELOPER or the MMC of any obligation hereunder which
expressly or by implication survives Termination hereof, and
b) except as otherwise provided in any provisions of this agreement expressly limiting the
liability of either party, shall not relieve either party of any obligations liabilities for loss
or damage to the Other party arising out of or caused by acts or omissions of such party
prior to the effectiveness of such Termination or arising out of such Termination.
21.7 Amendments
This Agreement and the Schedules together constitute a complete and exclusive
statement of the term of the Agreement between the parties on the subject hereof and
no amendment or modification hereto shall be valid and effective unless agreed to by all
the parties hereto and evidenced in writing.
21.8 Notices
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Unless otherwise stated, notices t be given under this Agreement including but not
limited to at notice of waiver of any term, breach of any term of this Agreement and
termination of this Agreement, shall be in writing and shall be given by hand delivery,
recognized international courier, mail, telex or facsimile transmission and delivered or
transmitted to the parties at their respective address set forth below:
If to MMC
The Commissioner,
------------------------------------------------------------------ ( as per contract date )
Fax no.---------------------------------------------------------
If to the DEVEOPER
The Managing Director,
------------------------------------------- Limited,
------------------------------------------ ( As per contract data )
Fax no.-------------------------------
Or such address, telex number, or facsimile number as may be duly notified by the
respective parties from time to time, and shall be deemed to have been made of
delivered (i) in the case of any communication made by letter, when delivered by hand,
by recognized international courier or by mail ( registered, return receipt requested ) at
that address and (ii) in the case of any communication made by telex re facsimile,
when transmitted properly addressed to such telex number or facsimile number.
21.9 Severability
If for any reason whatever any provision of this Agreement is or becomes invalid, illegal
or unenforceable or is declared by any court of competent jurisdiction or any other
instrumentality to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not be affected in any manner, and the
parties will negotiate in good faith with ;a view to agreeing upon one or more provisions
which may be substituted for such invalid, unenforceable or illegal provisions, as nearly
as is practicable. Provided failure to agree upon any such provisions shall not be subject
to dispute resolution under this Agreement to otherwise.
21.10 No Partnership
Nothing contained in this Agreement shall be construed or interpreted as constituting a
partnership between the parties. Neither party shall have any authority to bind the
other in any manner whatsoever.
21.11 Language
All notices required to be given under this Agreement and all communications,
documentation and proceedings which are in any way relevant to this Agreement
shall be in writing and in English / Marathi language.
21.12 Exclusion of Implied Warranties etc.
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This Agreement expressly excludes any warranty condition or other undertaking implied
at law or by custom or otherwise arising out of any other agreement between the
parties or any representation by any party not contained in a binding legal agreement
executed by the parties.
21.13 Counterparts
This Agreement may be executed in two counterparts, each of which when executed
and delivered shall constitute an original of this Agreement.
IT WITNESS WHEREOF THE, PARTIES HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS
OF THE DATE FIRST ABOVE WRITTEN.
SIGNED SEALED AND DELIVERED
For and on behalf of Malegaon Municipal Corporation, by
(Signature)
(Name)
(Designation)
SIGNED SEALED AND DELIVERED
For and on behalf of DEVELOPER by ;
In the Presence of .
1)
2)
(As per bidding data Set I)
Note :- 1) The Commissioner, MMC reserves the right to change contents of this agreement by
adding may additional suitable condition, deleting any condition according to situation
and if any changes are adopted in Pre bid meeting and are included in CSD.
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2) Prior execution, the Developments agreement will be checked by the Legal adviser of
MMC.
DEVELOPER CITY ENGINEER COMMISSIONER
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7. SCHEDULES AND FORMAT SCHEDULE I - LEASE DEED
THIS LEASE DEED made at -------------- day of -------------Two Thousand -------------
between the COMMISSIONER OF MALEGAON MUNICIPAL CORPORATION. Exercising the
executive power of MMC hereinafter referred to as “lesser” (which expression shall
unless be repugnant to the context does include his; successors sand assigns ) of the one
part and ( Name of the DEVELOPER---------------------------------------------------) carrying on
business at ------------------------
OR
----( Name of Developers Company) ------------------- a company registered under the India
Companies Act, 1913 VII of 1973 or The companies Act, 1956 having its registered office
at ------------------------------------------------ hereafter referred to as “ the lessee” ( which
expression shall unless repugnant to the context does not so admit include his heir,
executors and administrators of the last survivor; the partner for the time being of the
said firm of and their or his permitted assigns/ its successors and permitted assign) of
other part.
Whereas the MMC issued Notice No.--------------- dated ------------ inviting Tenders for the
development of plot admeasuring ---------------- sq. mt. at C.T.S. No. ( give details of
property ) by demolishing existing structure standing thereon if required and
constructing Building/s for MMC component, through participation of Private
DEVELOPER with Lease half rights for land / built up area admeasuring ---------------------
sq. mt. with further Sub Lease rights of the said area for commercial exploitations as per
pre prevailing rules of Local Municipal Authority.
AND WHERE AS, the MMC has accepted the Tender submitted by the DEVELOPER and
communicated its decision to the said DEVELOPER vide its letter No. -----------date.
AND WHEREAS as required by the terms and condition of the said Tender the
DEVELOPER and the MMC had executed an agreement in the prescribed form.
AND WHEREAS By an agreement dated--------------------------------------- day of -------------
(month) tow thousand-------------------------------- made between the lesser of the note
part and the Lessee of the other part, hereinafter referred to as the “ the said
agreement” the lesser has entrusted the work of construction of Building to the
Lessee/s on the terms and conditions therein contained on the ( give property address )
vide article 8.2 of Bid Document there under, written and marked on the plan thereto,
annexed at the cost of the lessee/s in every respect in strict accordance with the plans,
elevations, sections and detailed specifications previously approved by or on behalf of
the MMC ( hereinafter referred to as the “said work)
AND WHEREAS the lessee/pursuant to the said agreement duly paid ` ---------------- (
Rupees -------------) only being amount of performance security prior to the execution of
the agreement.
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And whereas by the said agreement it was also interlaid agree that upon due
compliance with and observance and performance by the lessee/s of the obligation
terms and conditions contained in the said agreement and upon issuance of certificate
by the City Engineer that the developer has completed the projects the Lessor shall
grant to the Lessee land / built up area on lease, the area as quoted in article 8.2 of the
Bid document.
AND WHEREAS the lesser and the lessee have agreed to record the agreed agreed
terms, conditions and covenants being in fact these presents.
Now this lease witnessed as FOLLOWS :
1. In pursuance of the said agreement and in consideration of the rent hereby rescored
and the performance of the convenience on the part of the lessee hereinafter contained
the lesssor do and each of them doth hereby demise unto the lessee the ------- Sqm. Of
land / built up area, of the portion of the premises (hereinafter referred to as the demise
remises) more particularly described vide clause 2.1.1 of the tender documents.
AND TOGETHER WITH ALL rights easements and appurtenances thereto belonging to
Except and Reserving up to the Lessor all mines and minerals in and upon and premises
unto the lessee/s for the term of 30 years to be computed from the day of ---------------.
The lessor at his own discretion may renew the lease period may change terms and
conditions of the lese rent at the time of determination of renewal. The maximum
period of lease shall be 30 (thirty) years and extendable to 99 ( ninety nine ) years only.
PAYING THEREFORE every year in advance during the said term unto the lessor at the
office of the City Engineer, MMC, ( herein after referred to the City Engineer ) or M.T.S.
department of MMC as otherwise required yearly rent of ` ( as specified in Volume II )
and increasing rent by 10 % every 3 year for 99 years and revising the lease deed every
30 years and ever by payments on first working day of January every year. AND PAYING
unto the lessor in the event of and immediately upon the said term being determined by
recently under the provision hereinafter contained proportionate part of the said rent.
2. The lessee/s do and each of them doth hereby for himself/ themselves his / their/ her is
executors administered/ successors and permitted assigns with intent that the
obligations herein contained shall continue through out the terms and bind all persons
into what so ever hands demised premises may come doth, do hereby covenant with the
lessor as follows:
3 To pay the rent : During the said term hereby created to duly pay unto the lessor the
said rent at the time and on the days and in the manner herein before fixed for payment
thereof, clear of all deductions and not to allow the same to fall in to arrears. The
DEVELOPER should deposit at least double amount of the expected total rent at rates
specified in lease per year with City Engineer as deposit with the M.M.C.
4 To pay rent and taxes : To bear and duly pay and discharge all existing and future
property and other taxes, assessments, case dues, duties in position and outgoing of
every description for the time being payable to the MMC or any other Local Authority or
Statutory body in respect of the demise premises either by the lesssor or sub lessee, if
any, or by the occupier and any thing for the time being there on and also charges for
electricity, water and gas consumed in the demised area.
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5 Alteration : That no alteration or additions at any time be made either by the lessee to
the demised area or any part thereof or architectural features thereof except with the
precious approval in writing from lessor.
6 Repair : Through out the said term at the lessee shall at his own cost well and
substantially to repair and keep in condition the part of demised premises and building
and structure standing thereon to the satisfaction of the City Engineer along with
common facilities provided to the building/s.
7. Enter and inspect : To permit the lessor or the rent collector or the City Engineer and
officer, surveyors, workers or other employed by them from time to time and at all
reasonable times of the day during the term hereby granted after 72 hourse provisos
written notice, to enter into and upon the demised land and buildings and structure
erected thereon and if upon such inspection it shall appear that any repairs are
necessary, they or any of them may by notice to the lessee/s call upon him / them / it to
execute the repairs and upon his / their / its failure to do so within a reasonable. Time,
the lessor without being under obligation to do so, may execute them at the expense in
all respect of the lessee/s.
8. Not to affix sign board etc. : The lessee/s not to affix or display or permit to be affixed or
displayed any advertisement and sky signs on the demised premises or any part thereof
unless the consent in writing of the lessor shall have been previously obtained and the
lessor shall have the right to order the removal of any sign board, sky sign advertisement
or any permanent or temporary attachment whatever of the nature of an advertisement
affixed or displayed on any part of the demised premises and the lessee/s will comply
with such order within 15 days from the receipt thereof provided always that the
nameplate, sign board and inscription of the sub lesee and the sign board of the shops,
showrooms or office as which may be on the demised premises may be affixed to the
entrance of the shop or office or over or adjoining the shop or showroom in the
appropriate place provided for the purpose and approved of by the lessor.
9. Nuisance : Not to do or permit to be done anything or in the demised area which may be
a nuisance, annoyance or disturbance to the owners, occupiers or resident of other
premises in the vicinity and in particular the inmates of the said project.
10. User : To use or permit to be used the part of demised area only for Residential /
commercial purpose as approved by the lessor and for no other purpose. The lessee/s
shall accept as final, the decision of the Commissioner / City Engineer on any question
which may arise considering any alleged breaches of any of the foregoing sub clauses
hereof.
11. Delivery of possession and expiration: At the expiration or no sooner termination of the
said term of the lease whichever is earlier, the lessee/s shall quietly deliver to the lessor
the demised premises in god repair and condition, with all additions and improvements
and structures erected thereon.
12. Not To assign :Not to assign or part with the possession of any portion of demised
premises or in any manner part with assign or transfer the lessee’s interest therein or
otherwise alter nature of present demise, except sub lessee. It is further provided
however, that the above restrictions shall not be applied to any assignment or transfer
by the lessee, by the way of mortgage charge of all or any of demised premises and /or
the lessee’s rights in respect thereof in favour of institutions/ banks providing financial
assistance to the lessee ( lenders) as security / collateral for such financial assistance
from lenders.
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13. Notice in case of death : In the event of the death of lessee/s legal hair or the person to
whom the title shall be transferred shall cause notice thereof to be given to the lessor
with in 3 months from the date of such death.
14. D.C.Rules : At all times during the construction and during continuance of this lease term
to observe and to abide by the development control regulation of local Municipal
Authority or other body having authority in that behalf and any other statutory
regulations as my be in force and relating in any way to the commercial shopping /
residential complex constructed on the part of the demised premises.
15. Indemnity : The Lessee/s shall make and pay such reasonable satisfaction and
compensation as maybe assessed by lawful authority in accordance with the law in
force on the subject for all damages, injury or disturbance losses, claims which may be
done by him in exercise of the power granted by this Lease and shall indemnify and keep
indemnified fully and completely the lessor against all claims which may be made by any
person or persons in respect of any such damage, injury or disturbance losses and all
costs and expenses in connection therewith.
16 Recovery of Rent as Land Revenue :
If and whenever any part of the rent hereby reserved shall be in arrears or any of the
expenses incurred by the lessor have not been paid by the lessee/s the same shall be
deemed to be arrears of land revenue and the same may without prejudice to any other
rights and remedies of the lessor be recovered from the lessee/s as an arrears of land
revenue under the provision of Maharashtra Land Revenue Code 1966 and any
amendments made thereof.
17 Re-entry:
If the said rent hereby reserved, shall be in arrears for the period of thirty days whether
the same shall have been legally demanded or not or if whenever there shall be a breach
of any of the conditions and the Lessor deciding to exercise it’s right to re-enter upon
and resume possession of the demised premises, the lessor shall give the lessee and to
the lenders of the lessee, at least one months prior notice in writing specifying the
default or breach committed by the lessee and the lessor shall not exercise it’s right of
re-entry or resumption or terminate this lease unless the lessee or the lenders or any of
them shall have failed to remedy the breach within one month from the date of the
receipt of the said notice. In the event, the lessor terminate the lease and exercise it’s
right to re-enter upon and resume possession of demised premises prior to or after
complying with the above, the lessor shall compensate as mentioned in clause No.--------
------of agreement, prior to exercise it’s right to re-enter and resume possession of the
demised premises t the extent of his un recovered project cost as valued by City
Engineer and interest threon and all cost incurred including repair and maintenance
cost etc. up to the date of re-entry after adjusting for the amount received by the Lessee
from the sublease holders.
18 Lessor Covenant for quiet enjoyment:
The lessor doth hereby covenant with the lessee that the lessee/s paying the rent
hereby reserved and duly observing and performing the covenants herein before on the
lessee’s part contained shall and may peaceably hold, enjoy part of the demise premises
for the said term hereby ganted without any interruption or disturbance from or by the
lessor or any person or persons lawfully claiming by, from or under the lessor.
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19 The lessee/s shall insure and keep insured the demised area including Structures up to
defect liability period in the joint names of the lessor and the lessee/s loss or damage by
fire, riot and such other risks for its full value ( project cost quoted by DEVELOPER with
such insurance company as the City Engineer in writing may direct. The lessee shall
punctually pary to the insurance company all arrears or sums of money necessary for
effecting and renewing such insurance at least 7 days before the same shall become due
for payment and will deliver to the MMC the receipts for every such payment on
demand AND that if default shall at any time be made by the lessee. In payment of any
premiums and keeping force such insurance as aforesaid or in producing to the MMC
the receipts for payment of premiums on demand, it shall be lawful (but not obligatory)
for the lessor to pay such premium and insure and keep insured the demised premises
or any part thereof in any part thereof in any sum not exceeding its full valve.
20 AND that all money expended by the lessor for such purpose together with interest
thereon at the rate of 18 % ( eighteen percent ) per am mum from the time of the same
having been so expended shall on demand be repaid to the lessor by the lessee/s and
until such repayment the same shall be treated as rent in arrears and may be recovered
as arrears of land revenue AND it is hereby agreed and declared that all sums of money
received by virtue of any such insurance in respect of the destruction or damage of the
demised premises by fire or riot shall be applied in or towards substantially re-instating
and repairing the demised premises or such part thereof as shall have been destroyed or
damaged all cost, charges and expense of and incidental to drawing engrossing and
completing this Lease in duplicate and all costs of all correspondence of otherwise and
also the cost of the additional copy of this lease shall be borne and paid by the lessee/s
to the lessor according to the scale of fees prescribed by the High Court of Judicature at
Mumbai between attorney and client. In the event of the lessee committing any default
or committing any breach of any of the covenants and conditions of this lease and lessor
deciding to exercise its right to reenter upon and resume possession of demised
premises, the lessor shall give to the lessee, at least one month’s notice in writing
specifying the default or breach committed by the lessor and the lessor shall not
exercise its right of reentry or resumption and shall not terminate this lease agreement
unless the lessee or the lenders or them shall have failed to remedy the breach within
one month from ate of receipt of the said notice.
21 The lessee is allowed to sub-lease the space in the part of demised premises at CTS no. (
give details of the property ) with prior written permission of the lessor. A schedule for
the sub lese shall be prepared and got approved by the lessee from the lessor.
22 In case of the repairs required to be carried out the project or any part thereof and if
found necessary to vacate the premises, by the sub lessee up to a period of 30 days in a
calendar year, no alternative premises nor the compensation will be paid to the lessee
by lessor.
23 Entire maintenance of the demised remises and building/ structure erected thereon at
C.T.S. No ( give details of the property ) and common facilities provided to MMC
component and DEVELOPER component of the building shall be done by the lessee
during the period of lease.
24 The lesee shall carry out day today maintenance of the demised premises and building
and structure created thereon along with all the major repairs during the period of
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lease. The Lessee shall have to obtain the required non-agricultural permission from the
MMC Lessee shall pay necessary non- agricultural tax.
25 In the event of dispute arising from any of the clause or part of the clause or the breach
of any of the terms and conditions of the leas deed or interpretation of any of the
clauses or part of the leased deed, then the decision of the lessor or the Commissioner
shall be final and binding on the lessee.
26 In case the permissible FSI to be used on the leased land increases in future, the MMC
shall have full rights on additional FSI , over and above existing FSI.
27 IN WITNESS WHEREOF THE MMC has caused Commissioner, to set his hand and affix his
official seal hereto for the on his behalf and lesee/s has have hereto set his / their
respective hand/s the common seal of the lessee has been hereunto affixed the day and
year first herein above written.
SIGNED, SEALED NAD DELIVERED BY
(Shri-----------------------------------) ( shri--------------------------------------)
COMMISSIONER CITY ENGINEER
On behalf of the MMC in the presence of
1.
2.
SIGNED, SEALED AND DELIVERED BY THE
Within named Lessee/s
Shri.
1.----------------------------------------------------
2.----------------------------------------------------
3.------------------------------------------------
OR
The Partners for the time being of
M/s.----------------------------------
In the presence of
1)
Page 69
2)
OR
THIS COMMON SEAL OF M/s.----------------ltd.
Company was pursuant to the resolution of
The Board of Directors of the said company
Passed at its meeting duly convened and held
On the ------------------ day ----- of ----------hereto
Affixed---------------- in the presence of
The two Directors being respectively
Secretary of the company and da director
Who in token there of have hereto set
Their respective hands in the presence of
1)
2)
( Note : This agreement is to be registered at office of Sub Registrar of Assurance at ------
------)
Note :- 1) The Commissioner, MMC reserves the right to change contents of this agreement by
adding may additional suitable condition, deleting any condition according to situation
and if any changes are adopted in Pre bid meeting and are included in CSD.
2) Prior execution, the Developments agreement will be checked by the Legal adviser of
MMC.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 70
SCHEDULE – II
PROFORMA OF BANK GUARANTEE – I
(FOR IMPLEMENTAION PERIOD)
(To be issued by a Branch Situated in Maharashtra of a Nationalized Bank )
THIS DEED OF GUARANTEE executed on this site __________ day of _______ at ______
by ___________________ (Name of the Bank ) having its Head/ Registered office at
____________________ hereinafter referred to as “the Guarantor” which expression
shall unless it be repugnant to the subject or context thereof include successors and
assigns ;
In favor of
The Commissioner of Malegaon Municipal Corporation, in his executive capacity for the
Malegaon Municipal Corporation. Hereinafter called the “ MMC” (which expression shall
include its successors and assign);
WHEREAS
A. By the DEVELOPMENT Agreement dated _____________________ entered into
between the MMC and M/s XXXX Limited , a company incorporated under the
companies Act 1956 having its registered office at
___________ hereinafter called “ the Company” , (“ the DEVELOPMENT Agreement”)
the company has been granted the DEVELOPMENT to implement the project envisaging
construction, operation and maintenance of ______________ on build, operate lease
and transfer basis.
B. In terms of Article 3.1 (a) of the DEVELOPMENT Agreement, the Company is
required to furnish to the MMC an unconditional and irrevocable bank guarantee for an
amount of ` _______________ (Rupees _______________ only) as security for due and
punctual performance / discharge of its obligations under the DEVELOPMENT
Agreement during the Implementation Period, substantially in the format as Schedule
‘Q’ to the DEVELOPMENT Agreement
C. At the request of the Company, the Guarantor has agreed to provide guarantee,
being these presents guaranteeing the due and punctual performance / discharge by the
Company of its obligations under the DEVELOPMENT Agreement during the
Implementation Period.
NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS ;
1. Capitalized terms used herein but not defined shall have the meaning assigned to them
respectively in the Agreement.
DEVELOPER CITY ENGINEER COMMISSIONER
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2. The Guarantor hereby guarantees the due and punctual performance by the company of
all its obligation under the DEVELOMENT Agreement during the Implementation period.
3. The Guarantor shall, without demur, pay to the MMC sums not exceeding in aggregate
Rs---------------- (Rupees --------------------------- only ), within five (5) days of receipt of a
written demand therefore from the MMC stating that the company has failed to meet its
performance obligations under the DEVELOPMENT Agreement during the
Implementation period. The Guarantor shall have no obligation to go into the veracity
of any demand so made by the MMC and shall pay the amount specified in the demand
notwithstanding any direction to the contrary given or any dispute whatsoever raised by
the company or any other person.
4. In order to give effect to this Guarantee the MMC shall be entitled to treat the
Guarantor as the principal debtor The obligations of the Guarantor shall not be affected
by any variations in the terms and conditions of the DEVELOPMENT Agreement or other
documents or by the extension of time for performance granted to the co. or
postponement/non exercise/ delayed exercise of any of its rights by the MMC or any
indulgence shown by the MMC to the DEVELOPER and the Guarantor shall not be
relived from its obligations under this Guarantee on account of any such variation,
extension, postponement, non exercise, delayed exercise of any of its rights by the MMC
or any change in the constitution of Guarantor any indulgence shown by the MMC
provided nothing contained herein shall enlarge the Guarantor’s obligation hereunder or
any other condition or circumstances under which in law, a surety would be discharged.
5. This Guarantee shall be irrevocable and shall remain in full force and effect until
discharge by the Guarantor of all its obligations hereunder.
6. This Guarantee shall not be affected by any change in the constitution or winding up of
the company the Guarantor or any absorption, merger or amalgamation of the
company/ the Guarantor with any other person.
7. The Guarantor has power to issue this guarantee and discharge the obligations
contemplated herein, and the undersigned is duly authoresses to execute this
Guarantee pursuant to the power granted under-------
8. Capitalized terms used herein but not defined shall have the meaning assigned to them
respectively in the DEVELOPMENT Agreement.
9. The Guarantor hereby guarantees the due and punctual performance of the balance
work as per the scope of contract of the M.M.C. component within the stipulated time
as argued in the contract.
10. The Guarantor shall, without demur, pay to the MMC sums not exceeding in aggregate
Rs---------------- ( Rupees --------------------------- only ), within five (5) days of receipt of a
written demand therefore from the MMC stating that the company has failed to meet its
performance obligations under the DEVELOPMENT Agreement during the
Implementation period. The Guarantor shall have no obligation to go into the veracity
of any demand so made by the MMC and shall pay the amount specified in the demand
notwithstanding any direction to the contrary given or any dispute whatsoever raised by
the company or any other person.
11. In order to give effect to this Guarantee the MMC shall be entitled to treat the
Guarantor as the principal debtor The obligations of the Guarantor shall not be affected
by any variations in the terms and conditions of the DEVELOPMENT Agreement or other
documents or by the extension of time for performance granted to the co. or
Page 72
postponement/non exercise/ delayed exercise of any of its rights by the MMC or any
indulgence shown by the MMC to the DEVELOPER and the Guarantor shall not be
relived from its obligations under this Guarantee on account of any such variation,
extension, postponement, non exercise, delayed exercise of any of its rights by the MMC
or any change in the constitution of Guarantor any indulgence shown by the MMC
provided nothing contained herein shall enlarge the Guarantor’s obligation hereunder or
any other condition or circumstances under which in law, a surety would be discharged.
12. This Guarantee shall be irrevocable and shall remain in full force and effect until
discharge by the Guarantor of all its obligations hereunder.
13. This Guarantee shall not be affected by any change in the constitution or winding up of
the company the Guarantor or any absorption, merger or amalgamation of the
company/ the Guarantor with any other person.
14. The Guarantor has power to issue this guarantee and discharge the obligations
contemplated herein, and the undersigned is duly authoresses to execute this
Guarantee pursuant to the power granted under-------
IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO ON THE DAY,
MONTH AND YEAR FIRST HEREINABOVE WRITTEN.
SIGNED AND DELIVERED by----------------------- Bank by the hand of Shri-------
---------------------- Its ------------------------ and authorized official.
IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS ;HANDS HEREUNTO ON THE DAY,
MONTH AND YEAR FIRST HEREINABOVE WRITTEN.
SIGNED AND DELIVERED by----------------------- Bank by the hand of Shri-------------------------
---- Its ------------------------ and authorized official
DEVELOPER CITY ENGINEER COMMISSIONER
Page 73
SCHEDULE – III
PROFORMA OF BANK GUARANTEE – II
(FOR DEVELOPMENT RIGHTS )
(To be issued by a Branch located in Maharashtra of a Nationalized Bank )
THIS DEED OF GUARANTEE executed on this site __________ day of _______ at ______
by ___________________ (Name of the Bank ) having its Head/ Registered office at
__________________________________________________ hereinafter referred to as
“the Guarantor” which expression shall unless it be repugnant to the subject or context
thereof include successors and assigns ;
In favor of
The Commissioner of Malegaon Municipal Corporation, in his executive capacity for the
Malegaon Municipal Corporation. Hereinafter called the “ MMC” (which expression shall
include its successors and assign);
WHEREAS
A. By the DEVELOPMENT Agreement dated _____________________ entered into
between the MMC and M/s XXXX Limited , a company incorporated under the
companies Act 1956 having its registered office at
___________ hereinafter called “ the Company” , (“ the DEVELOPMENT Agreement”)
the company has been granted the DEVELOPMENT to implement the project envisaging
construction, operation and maintenance of ______________ on build, operate lease
and transfer basis.
B. In terms of Article 3.1 (b) of the DEVELOPMENT Agreement, the Company is
required to furnish to the MMC an unconditional and irrevocable bank guarantee for an
amount of ` _______________ (Rupees _______________ only) as security for due and
punctual performance / discharge of its obligations under the DEVELOPMENT
Agreement during the Implementation Period, substantially in the format as Schedule ‘R’
to the DEVELOPMENT Agreement
C. At the request of the Company, the Guarantor has agreed to provide guarantee,
being these presents guaranteeing the balance works as per the scope of contract of
the M.M.C. within the stipulated time as agreed in the contract.
D. Operations Period.
NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS ;
SCHEDULE IV
LETTER OF ACCEPTANCE
Page 74
No. Office---------
To,
Subject-- ( Name of work)
Reference - Your bid Dated----------
Dear Sirs,
This is notify that your bid date--------------- for construction and handing over to MMC above
mentioned subject work having the built up area of -------- square meters and payment of premium
Amount of `------------- in specified installments to Malegaon Municipal Corporation, Malegaon
towards obtaining rights to develop the said premises by constructing a shopping complex /
commercial complex on BOLT basis and sub leasing right, as per corrected area and modified in
accordance with the instruction to Bidders in hereby accepted.
Development and disposal rights over the piece of land having area ----------- square meter marked
for you on survey no. ---------, plot no. ------------- will be assigned to in stages as per conditions of
contract.
You are hereby requested to pay your first installment of agreed premium Rs-------------- and furnish
performance security,
i) for an amount equivalent to Rs------------------ for implementation period and valid up to
completion of construction period
ii) for an amount equivalent to Rs------------------ for Development rights and valid up to 28 days
from the date of Defects Liability period make payment ` ---------------- towards Security Deposit
in the form of Demand Draft payable to the Commissioner, Malegaon Municipal Corporation,
Malegaon payable at Malegaon and make payable to the Design Approving Authority amounting
to ` ------------------- with in 45 days of the receipt of this letter and i.e. up to ---------------- and sign
the contract, failing which action as stated in Para 30.3 of ITB will be taken.
Yours Faithfully,
Commissioner MMC
-------------------
Page 75
SCHEDULE V
WORK ORDER
No. Office------------
To,
--------------------------------------
Subject - (Name of work )
References- As per Schedule X
Sir,
Please note that your offer for the work having premium amount of Rs-----------------
against built up area ----------------- square meter to be constructed, and leased out to
prospective occupiers and handed over the project to MMC , is accepted by Corporation
vide letter under reference no 1.
You have paid your first installment of premium amount Rs ------------------( Rupees---------
--------------------------------- only ) by ------------------------------ and have submitted security of Rs-
--------------( Rupees____________________________
Only) for development rights and for an amount equivalent to Rs------------ for
implementation period and made a payment of Rs---------- ( Rupees---------------------------------
--------------only ) towards Security deposit vide D.D.no-------------------------
And also made payment ` ------------------------------------- directly to D.A.A. in the prescribed
form vide your letter under reference no. 2.
The agreement for the work is also signed by your authorized signatory on dated --------
------------------- Therefore, you are requested to start the work immediately and complete it
with in -----------------(-------------------------------) Calendar months including monsoon from the
date of issue of this work order.
Development and disposal rights over the piece of land having area --------------square
meter marked for you on survey no.----------------------, plot no------------- will be assigned to in
stages as per conditions of contract.
Certified copy of agreement ( Agreement No.----------------------------------------) is enclosed
herewith.
Encl :- One Agreement Copy.
Yours Faithfully,
The Commissioner
M.M.C.
Page 76
SCHEDULE – VI
FORM OF SUBLEASE DEED
THIS INDENTURE of sublease made at ____________ this _______________ day of _______
(Month) ______________ Two thousand __________ between __________ ________________
Carrying on business _________________ hereinafter referred to as “ the sub- Lessors” (which
expression unless it be repugnant to the context or meaning thereof shall mean and include its /
their respective heirs, executors, administrators and assigns ) of the one part.
AND __________________________________________Carrying on business
___________________ hereinafter referred to as “ the sub- Lessee” (which expression unless it
be repugnant to the context or meaning thereof shall mean and include its / their respective
heirs, executors, administrators and assigns ) of the other part.
WHEREAS by an indenture of lease dated ________________ of the ______________ Two
Thousand ___________ and made by and between the Commissioner of MMC (therein referred
as the Lessors) of the one part (therein referred as MMC) and __________ (therein referred as
the Lessee/s) the other part (therein referred as the Lessors) and registered at the office of the
sub Registrar of Assurance at ______ under the serial No. ___________ of ________ year
granted lease of the area in demised premises at CTS No. (give address of property) as marked
in the plan hereto annexed and more particularly described hereunder for the term of 99 years
and to be renewed after every 30 years. (hereinafter referred to as “said Lease Deed).
PAYING THEREFORE every year in advance during the said term unto the lessor at the Office of
the City Engineer, MMC (herein referred to as the City Engineer) or as otherwise required the
yearly rent of ` _ Sq.m. (` _________ per Sq.m. only) and shall be increased by 10 % every 3
years for 99 years and shall be renewed after every 30 years without any deduction what so
ever by payments on the first working day of January. AND ALSO PAYING unto the lessor in the
event of and immediately upon the said term being determined by reentry under the provision
hereinafter contained proportionate part of the said rent.
AND WHEREAS under clause No. ________________ of the said Lease Deed dated
_____________ the Lessees therein have been given liberty / authority / permission or are
entitled to sub lease built up area as approved by the lessors therein. The Lessee therein is
entitled to construct commercial Complex on the said demised premises and for no other
purpose.
AND WHEREAS the Sub Lessors to get the said Sub Lease Agreement approved from the MMC
before executing in finally with concurrence of Sub Lessees.
AND WHEREAS the Sub Lessors have agreed with the Sub Lease to grant a Sub Lease of the
Premises being _______ _______ ______ bearing No, _____________ by way of sub demise the
premises which are more particularly described here under written in the manner hereafter
appearing ;
DEVELOPER CITY ENGINEER COMMISSIONER
Page 77
NOW THIS INDENTURE WITNESS AS FOLLOWS
In pursuance of the said Agreement and in consideration of the premises and of the
compensation of the premises and of the compensation / royalty rent covenants on the part of
the Sub lessees to be paid, observed and performed, The Sub Lessors do hereby sub demise
unto the sub lessees the land, here detachment and premises being shop/ show room/ office
bearing No. ____________ and situated at ______________ delineated on the plan thereof
hereto annexed and thereon shown and / or marked TO HOLD the sub – demised premises up
to the sub lessees commencing from _______________ day of _____________ 200 ___ for a
term not more than Ninety Nine years at a time and in no case beyond the term specified under
the main lease Deed but determinable as hereinafter provided YEILDING ANE PAYING therefore
during the said term the Yearly / monthly compensation / royalty / rent of `
____________________ (` ___________________________) the first payments of such yearly /
monthly/ rent for Period ending ___________________ having been paid hereinafter by the
Sub Lessees to the sub Lease and the sub sequent payments to be made on the corresponding
day of each and every succeeding year/ month thereafter without any deduction whatsoever
and upon the condition for observance and performance of covenants on the part of the Sub
lessees hereinafter contained.
1. The Sub Lessor hereby covenant with the sub lessee as follows ;
2. The Sub – Lessor do hereby covenant to Sub lessee / s that they (they are the sub lessor) have
in themselves good right, full power and absolute authority to Sub – demise up to the sub –
lessee/s the sub – demised premises in the manner herein and sub – lessee/s paying the rent
hereby reserved and observing and performing the covenants and conditions herein contained
and on the part of the sub – lessee/s to be paid observed and performed shall and will
peaceably and quietly enjoy the sub demised premises during the term however with liberty to
the MMC and the office, surveyors, workers or other employed by them from time to time and
at all reasonable times of the day during the term hereby granted after 72 hours previous
written notice, to enter into and upon the sub demised premises and building structure erected
thereon and inspect the state of repairs thereof and if upon such inspection it shall appear that
any repairs are necessary, they or any of them may by notice to the sub – lessee/s call upon
them to execute the repairs and upon their failure to do so within a reasonable time, the City
Engineer without being under obligation to do so, may execute them at the expresses in all
respect of the sub – lessor herein.
3. IT IS HERE BY SPECIALLY AGREED AND DECLARED that of any time the rent hereby reserved or
any part thereof shall remain unpaid for a period of 1 year (or any other period as may be
specified) after the date on which the same ought to be paid (whether formerly or legally
demanded or not ) or if the sub – lessee/s shall make default in observance and performance of
any of the covenants and condition herein contained or in the said Deed of lease on the part of
the sub lessee/s to be observed and performed and if such default shall continue and be not
remedied within 1 Month from the date of service of a notice in writing to be given by the sub
lessor or the MMC to the sub – lessee/s to remedy such default or breach, it shall be lawful for
the sub lessor or MMC at any time thereafter to re enter upon the sub demised premises or any
part thereof or whole and thereupon the sub – lease hereby created shall determine and stand
absolutely terminated but without prejudice to the claim, right action and remedy which the
sub lessors may have against the sub – lessee/s in respect of any such breach of the sub –
lessee/s covenants and stipulations herein contained.
Page 78
4. It is further SPECIALLY AGREED and declared that the sub – lessee/s shall abide themselves by
the stipulations and conditions agreed by and between the MMC and the sub – lessor herein
without any reservations of whatsoever nature.
5. THE SUB LESSEE HEREBY COVNANT WITH THE SUB LEASSOR ;
a. The sub – lessee/s shall entitled to assign, transfer, mortgage or other wise part with the
possession of the demised premises and of their lease hold interest in the sub demised
premised to any third party , with prior written approval from Lessor, In any case the sub
lessors shall not assign, transfer, mortgage, or otherwise part with possession of the sub
demised premises more than period of lease deed.
b. The sub – lessee/s shall use the sub demised premises for the purpose permitted under the
Municipal or any other statutory by laws rules and regulations of the Local Authority.
c. The sub – lessee/s shall not do or cause or permit to be done upon the sub demised
premises or any part thereof anything which may become public or private nuisance or
annoyance , damage or disturbance to the sub lease or the MMC or occupants of any
adjoining or neighboring property on building whereby any insurance for the time being
effected on the said demised premises be rendered void or avoidable.
d. The sub lease component shall keep in good condition and maintain common facilities
provided to the MMC component and DEVELOPER component of the building and if there is
any dispute arises about the maintenance of common facilities then the decision of the
concurred CITY ENGINEER shall be final and abiding on all concurred.
e. The Sub lessee /s shall insure the sub demised premises during the continuances of the sub
lease in the joint names of the MMC sub lessor and the sub lessee/s against loss or damage,
by fire.
f. Throughout the said term at the Sub lessee /s expenses well and substantially to repair,
pave, cleanse and keep in good and substantial repair and condition including all usual and
necessary internal and external paining color and white washing to the sub demised
premises to the satisfaction of sub- lessor and or the MMC.
g. To perform all covenants, conditions and stipulations under the said herein before recited
indenture of lease deed executed between the MMC therein called the lessor of the one
part and sub- lessor of the other part and not to do or permit to be done on the sub
demised premises anything which may be in contravention of terms of the said lease dated
_____________.
h. At the expiration or soon determination of the said term the or at the termination of the
lease deed the sub lessee /s shall quietly deliver upto the sub lessor the demised area in
good spirit and condition with all additions any improvement thereto ;
i. The Sub lessee /s shall indemnify and keep indemnified the sub lessors against provided
however that the right of sub lessee under the clause shall be subject to the prior written
approval of the institutions / banks who may have mortgage charged over the demised
premises all security for the receptive financial assistance to the lessees.
6. (Payment of deposit or premium)
7. (About costs, registration and stamp duty as well local municipal taxes to be paid to MMC and
other taxes ) as per prevailing norms of Govt. of Maharashtra.
Page 79
IN WITNESS WHEREOF the Sub lessor and the Sub lessee /s have hereunto and to a duplicate
hereof stand subscribed their respective hands the day the year first herein above written.
SIGNED ____________________________
RECEIPT _______________
______________________________________________________________________________
AS PER TRANSFER OF PROPERTY ACT 1882, SECTION 105 LEASE, LESSOR, LESSEE, PREMIUM AND
RENT DEFINEDIS AS UNDER.
Lease – A lease of immovable property is a transfer of a right to enjoy such property, made for a
certain time, express or implied, or in perpetuity, in consideration of a price paid or promised,
or of money a share of crop and service occasions to the transferor by the transferor by
transferee, who accepts the transfer on such terms.
Lessor, Lessee, Premium and Rent – The transferor is called the lessee, the price is called the
premium and the money share service or other thing to be so rendered is called the rent.
Note :- 1) The Commissioner, MMC reserves the right to change contents of this agreement by
adding may additional suitable condition, deleting any condition according to situation
and if any changes are adopted in Pre bid meeting and are included in CSD.
2) Prior execution, the Developments agreement will be checked by the Legal adviser of
MMC.
SCHEDULE – VII
DESIGN APPROVING ENGINEER
The “Design Approving Engineer” shall mean the Ritesh R. Kankaria, Project Developments
consultants nominated by the MMC for scrutiny and approval of the design calculation and
structural drawings prepared and submitted by the DEVELOPER pursuant to the Prescriptions.
The DEVELOPER shall deposit the fee of Design Approving Engineer as prescribed in bidding
data in volume II.
SCHEDULE – VIII
SUPERVISION CONSULTANT
TERMS OF REFERENCE
1. OBJECTIVES
The supervision Consultant shall be required to ;
(i) Act on behalf of the CITY ENGINEER and the DEVELOPER to review and monitor all
activities associated with, construction, operation and maintenance to ensure
compliance with provisions of the DEVELOPEMNT Agreement.
(ii) Visit inspect and report to CITY ENGINEER on various aspects of the project and carry out
all such activities as are provided in the DEVELOPMENT Agreement. Without prejudice
to this, the scope of services of the Supervision Consultant shall be as specified in Para 2
to 4.
Page 80
2. SCOPE SERVICES
i. Review the project Report prepared by the DEVELOPER.
ii. Review the implementation Schedule submitted by the DEVELOPER.
iii. Review the adequacy of the geo-technical studies, sub-soil investigations, hydrological
investigation and the topographical survey if any, carried out by the DEVELOPER.
iv. Review the environmental management plan for the Project during Implementation
Period and Operations Period.
v. Review the proposed quality assurance and quality control procedures during the
Implementation Period.
vi. Review the Safety measures proposed during Implementation.
vii. Monitor quality assurance and quality control during Implementation Period.
viii. Review the material testing results, mix designs and order special tests of materials and
/ or completed works, and / or order removal and substitution of substandard materials
and / or works as required.
ix. Ensure that the construction work is carried out in accordance with the Specifications
and Standards and Good Industry Practice.
x. Maintain the photographic record of the hidden measurements, reinforcements etc. in
the form of compact disc and hard copies in duplicate as per the instructions of the CITY
ENGINEER.
xi. Identify delay in completion and recommend to CITY ENGINEER/ DEVELOPER the
remedial measures to expedite the progress.
xii. Review “ As Built” drawings for each component of the works prepared by the
xiii. Supervise and monitor various Completion Tests as provided in the DEVELOPMENT
Agreement.
xiv. Recommend the Completion Certificate, as the case may be.
xv. Design a Management Information System (MIS) for monitoring of the Project by the
MMC
3. REPORTING REQUIREMENTS
The Supervision Consultant shall prepare and submit to the CITY ENGINEER three copies
and to the DEVELOPER twp copies of the monthly report during the construction of the
Project.
4. PERIOD OF SERVICES
The period of services shall be the Implementation Period.
5. AUTHORISED REPRESENTATIVE
In absence of appointment of Supervision consultant on the project all the matters to
the dealt by the supervision consultant will stand to be dealt by the PDC or his
authorized representative and shall be paid by the bidder for providing supervision
services as per mutually understood rates.
PERFORMA
(Note : All the Performa 1 to 12 below are sample formats, Bidder should type these Performa
on separate sheets Indicating the Set no. and Performa no. and fill all the required information
and attach with this Volume.)
Page 81
Details of bidder – Performa 1
General Information
All individual firms and each partner of Consortium shall complete the information in this form,
Nationality information to be provided for all owners or applicants who are partnerships or
individually owned firms.
Where the bidder proposes to use named subcontractors for critical components of the works;
Or for work contents in excess of 10 percent of the value of the whole works, the following
information should also be supplied for the specialist subcontractor(s) .
1. Name of Firm
2. Head office Address
3. Telephone Contact
4. Fax Telex
5. Place of Incorporation / registration Year of Incorporation / registration.
Nationality of Owners
1 Name Nationality
2
3
4
5
To be completed by all owners of partnership or individually – owned firms.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 82
Detail of bidder-performa-2
Structure and Organization
1. The Bidder is
a. An Individual
b. A Proprietary firm
c. A firm in partnership
d. A limited Company or Corporation
e. A group of firms/ joint venture (if yes, give complete information in respect of each partner)
2. Attach the Organization Chart showing the structure of the organization including the names of
the Directors and position of Officers.
3. Numbers of years of experience
a. As a Prime Contractor / Firm (Contractor/ firm shouldering major responsibility)
i In own county
ii Other countries (specify country)
b. In a joint Venture
i In own county
ii Other countries (specify country)
c. As sub contractor
i In own county
ii Other countries (specify country)
4. Name and address of any associate the applicant has in India who are knowledge in the
procedure of customs, immigration, taxes and other information necessary to do the work.
5. For how many years your organization has been in business of similar work under its present
name ? What are your fields of operation ? And Since when ?
6. Were you ever required to suspend construction for a period of more than six months
continuously after you started? If So, give the name of project and reasons for not completing
work ?
7. Have you ever left the work awarded to you incomplete ? (If so, give the name of project and
reasons for not completing work ? )
8. In which fields of civil engineering construction do you claim specialization and interest ?
9. Give details of your experience in modern concrete technology for manufacture and quality
control.
10. Give details of your experience in construction of Highways including Bridges and Building.
11. Give details of your experience in Infrastructure Development.
12. Give details of your experience in slum rehabilitation scheme.
13. Give details of your soil and material testing laboratory, if any.
14. Give details of your experience in executing B.O.T. projects.
15. Give details of your experience in developing town ships.
16. Give details of your experience in real estate developments and marketing in India.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 83
General Experience Record –Performa 3
Name of bidder or member of consortium.
All individual firms and all member of consortium shall complete the information in this form.
The information supplied should be the annual turnover of the applicant.
(or each member of consortium), in terms of the amounts billed to clients for each year for
work in Progress or completed at the end of the period reported.
Bidders are requested not to enclose testimonials, certificates, and publicity material with their
applications;
they will not be taken into account in the evaluation of qualifications.
The bidders should provide the experience details or the projects undertaken by it only. Project
experience of the applicant’s parent company or its Subsidiary who are not members of the
consortium will not be considered.
Annual turnover data (Construction works only)
Sr. No. Year Turnover in ` Crores
1.
2.
3.
4.
5.
Consortium Summary
Name of all member of consortium
1. Lead Partner
2. Partner
3. Partner
Total Value of annual construction turnover, in terms of work billed to client at the end of the
period reported ;
Annual Turnover data (Consortium works only)
Partner Name Year 1 Year 2 Year 3 Year 4 Year 5
1. Lead Partner
2. Partner
3. Partner
Total
Indicate responsibility in respect of planning, construction equipments and execution of the
work of the lead firm of joint venture and of each of the joint venture partners.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 84
Particulars Experience Record - Performa 4
Name of Bidder
On a separate page, using the format complying the bidding data in Set I , each applicant or
member of consortium is requested to list all contracts of a value equipment or more, of a
similar nature and complexity to the contract for which the applicant wishes to qualify,
undertaken during the last five years. The value should be based in Indian Rupees, at the date of
substantial completion, or for current contracts at the time of award. The information is to be
summarized; using accompanying Performa, for each contract completed or under execution
information of B.O.T. projects of similar nature and magnitude should be specifically
mentioned.
Where the Bidder proposes to use named subcontractors for critical components of the works,
or for work contents in excess of 10 percent of the value of the whole works, the information
should also be supplied for each specialist subcontractor.
Details of Contracts of Similar Nature and Complexity- Performa 5
Name of Bidder
Use a separate sheet for each contract
1. Number of Contract
Name of Contract
Country
2. Name of Employer
3. Employer’s Address
4. Nature of works and special features relevant to the contract.
5. Contract role (Check one)
---------- Sole ---------------------- Subcontractor ------------------- Partner in a joint
venture
6. Value of the total contract
(In specified currencies at completion, or at date of award for current contracts)
currency (in `)
7. Date of Award
8. Date of Completion
9. Contract Duration (Years and months ) ----------------------- years --------- months
10. Specified requirements
Give details of annual production record in respect of major items involved in the
work and year to verify fulfillment of eligibility for this work.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 85
11. Name and professional qualification of bidder’s Engineer of the work.
12. Were there any penalties /fines/stop-notice/ compensation / liquidated damages
Imposed ? (Yes or No.) If yes, give amount and explanation.
Summary Sheet : Current Contract Commitments / Works in Progress –
Performa 6
Name of Bidder
Bidders and each partner to an application should provide information on their current
commitments on all contracts that have been awarded, or for which a letter of intent or
acceptance has been received or for contracts approaching completion, but for which an
unqualified, full completion certificate is yet to be issued.
Figures in `̀̀̀ Crores Sr.
No.
Name of the
contract
Name
of the
client
Contract
Value
Stipulated
date of
completion
Value of
outstanding
work
Estimated
date of
completion.
1
2
3
4
5
6
Personnel Capabilities– Performa 7
Name of Bidder
For specific positions essential to contract implementation, bidders should provide the names
of at least two candidates qualified to meet the specified requirements stated for each position.
The data on their experience should be supplied in separate sheets using one Form for each
candidate.
Title of Position
Name of the Prime Candidate
1
Name of alternate Candidate
Title of Position
Name of the Prime Candidate
2
Name of alternate Candidate
DEVELOPER CITY ENGINEER COMMISSIONER
Page 86
Title of Position
Name of the Prime Candidate
3
Name of alternate Candidate
Title of Position
Name of the Prime Candidate
4
Name of alternate Candidate
Personnel Capabilities– Performa 8
Name of Bidder
Position Candidate
----------- Prime
----------- Alternate
Candidate
Information
1. Name of the Candidate 2. Date of Birth
3. Professional Qualifications
Present
Employment
4. Name of Employer
Address of Employer
Telephone Contact (Manager / Personnel Officer)
Fax Telex
CCD title of candidate Year with present employer
Summaries professional experience over the last 20 years. In reverse chronological order.
Indicate particular technical and managerial experience relevant to the project.
From To Company Project / Position / Relevant technical and
management experience
DEVELOPER CITY ENGINEER COMMISSIONER
Page 87
Equipment Capabilities– Performa 9
Name of Bidder
The bidder shall provide adequate information to demonstrate clearly that it has the capacity to
meet the requirements for each and all item of equipment necessary for efficient execution of
this project. A separate from shall be prepared for each item of equipment, or for alternative
equipment proposed by the bidder.
Item of equipment
Equipment Information
1. Name of the Manufacturer
2. Model and power rating
3. Capacity
4. Year of Manufacturer
Current Status
5. Current Location
6. Details of current commitments
Source
7. Indicate source of the equipments
Owned
Rented
Leased
Specially manufactured
Omit the following information for equipment owned by the applicant or partner
Owner
8. Name of the Owner
9. Address of Owner
Telephone Contact Name and Title
Fax Telex
Agreements
Details of rental / lease / manufacture agreements specific to the project.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 88
Financial Capabilities– Performa 10
Name of Bidder
Bidder including each member of consortium should provide financial information to
demonstrate that they meet the requirements state in the eligibility criteria. Each bidder
or member of consortium must fill in this form. If necessary, use separate sheets to
provide complete banker information. A copy of the audited balance sheets should be
attached.
Banker
Name Of Banker
Address of Banker
Telephone Contact name and title
Fax Telex
Summaries actual assets and liabilities in the previous five years. Based upon known
commitments. Summaries projected assets and liabilities in the next one year.
Financial Information In
Rupees
Actual: Previous five years Projected : Next one
year
1 2 3 4 5 6
1 Total Assets
2 Current Assets
3 Total Liabilities
4 Current Liabilities
5 Profit before Tax
6 Profit after Tax
Specify proposed sources of financing to meet the cash flow demands of the Project, net to
Current commitments.
Source of Financing Amount
Attach audited financial statements for the last five years (for the individual or member of
consortium)
Firms owned by individuals, and partnerships, may submit their sheets certified by a registered
Chartered Accountant, and supported by copies of tax returns.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 89
Litigation History – Performa 11
Name of Bidder
Bidder including each member of consortium should provide information on any history of
litigation or arbitration resulting from contracts executed in the last five years or currently
under execution. A separate sheet should be used for each partner of a joint venture.
Year Award for or
against
applicant
Name of client, cause of litigation,
and matter in dispute
Disputed
amount (Current
Value)
Actual
awarded
amount
DEVELOPER CITY ENGINEER COMMISSIONER
Page 90
AVERMENTS AND AUTHORISATIONS – Performa 12
(To be given separately by each member of Consortium on letter head of bidder and attach with
this Volume)
I, undersigned, do hereby certify that all the statement made in the preceding schedules and in
the required attachment are true and correct.
I/We , undersigned, do hereby certify that we are not associated directly or indirectly with
consultants for this project or any other entity that has prepared the design, specification or
other document for this project.
I/We , undersigned, do hereby certify that we are not associated directly or indirectly with
consultant / Engineers proposed for this project.
The undersigned hereby authorize (s) and request (s) any bank person, firm or corporation to
furnish pertinent information deemed necessary and requested by the Government of
Maharashtra to verify this statement or regarding my (our) competence and general reputation.
The undersigned understands and agrees to furnish any such information at the request of
M.M.C.
-----------------------------------------------------------------
(Signed by an Authorized Signatory of the Firm)
-----------------------------------------------------------
(Title of Signatory)
----------------------------------------------------------
(Name of firm and Seal)
----------------------------------------------------------
DEVELOPER CITY ENGINEER COMMISSIONER
Page 91
8. SPECIFICATIONS AND DRAWING
1.0 LIST OF SPECIFICATIONS AND STANDARDS
Sr.No Item for which the I.S. I. is applicable I.S.NO.
1. Steel reinforcement H.Y.S.D. aid twisted bar IS:432 part-I
IS:1786
2. Hollow concrete blocks IS:2572
IS:2185 part-II
3. Solid concrete blocks IS:2572
4.
Timber
IS:3629
5.
Plywood [General purpose]
IS:303
IS:1734 part-1toxx
6. Plywood [veneered decorative] IS:2328
IS:1734
7. Particle board IS:3087
IS:3097
IS:2380
8. Dry distemper IS:427
9.
Oil Bound distemper
IS:428
10.
Sheet Glass
IS:2835
11.
Aluminum Door &Windows
IS:1948
12.
R.C.C.Work
IS:456
IS:10262
IS:383
[a] Fine aggregate IS;383
13.
Ceramic tiles
IS:4457
IS:1443
14. Woodwork & Glazing for Doors & Windows IS:204 part-I&II
Fixture & fastening IS:208
Door stopper IS:1823
15. Glass party IS:419
Glazing work IS:1003 part- I&II
Wire mesh 9 km IS:5437
16. Sanitary wares w.c. pans IS:2556 part-III &
xv
DEVELOPER CITY ENGINEER COMMISSIONER
Page 92
17. Urinals IS:2556 part-VI
see-I
18. Symphonic wash down water clots IS:2556 part-VIII
19. Wash basin IS:2556 part-IV
21. Insert paneled doors
Wood particle board IS:3087
Veneered decorative plywood IS:1328
Block board with decorative veneers IS:1659
Decorative plywood IS:7316
Veneered particle board IS:3097
Preservative treated plywood IS:5539
Medium densely wood based laminated IS:3513 [III]
22. Steel Windows
Material ,fabrication dimension IS:1038
Welding & Size of opening IS:7452
IS:1038
Fixing & glazing IS;1081
Frame of windows IS;7452
Hinges for shutters IS;1038
23. Steel Door with metal pressed section frame
Door frame IS:4351
Hinges IS;513
Lock-strike plate, fixtures IS:1341
Door-shutters IS:2633
Finishing IS:204,208,281.
IS;513,
IS;1079
IS:1477 [ I ]
24. Anti Termite Treatment IS:6313
General
Material
25. Water Proofing
Water Proofing compound IS:2645
Chloride contents IS:6925
Brick bats for coba IS:1077
Fine aggregate IS:383
Cement IS:269
DEVELOPER CITY ENGINEER COMMISSIONER
26. Integral Finishing
Water proofing concrete IS:2645
Page 93
Sand IS:383
Tools & accessories IS:1630
27. Construction of Ground reservoir
Testing IS:337[I]
28. Construction of RCC elevated service reservoir
M.S.pile insert IS:3589
Testing IS:3370[I]
29. Acoustic treatment
Gypsum plaster acoustic tiles IS:2542
IS:2085
30. Medium Density Fiber Board paneled door
shutters fiber board
Testing of fiber board IS:12406
Construction manufacture IS:2380
IS:12406
Adhesive IS:1003
IS:851
IS:848
IS:852
Finishing s IS:4835
IS:2338 [part-I&II]
31. Concrete works
Design mix IS:10262
Cement content IS:456
Admixtures IS:6925
mixing of content IS:1791
IS:4935
Swing type weight batcher IS:2722
Batch mixtures IS:4634
32. Formwork &steel centering
Design of from work IS:2750
IS:4041
Removal of form work IS:456
33. Electrical work
Wiring & mains IS:732
DEVELOPER CITY ENGINEER COMMISSIONER
Transformers IS:2026
IS:1180
Street light IS:2713
Page 94
NOTE- Recent or modified A amendments if
any shall be considered.
If any I.S. standard is not mentioned or wrongly
mentioned ,then refer
to the latest list/correct list of Indian standard.
2.0 SPECIFICATIONS FOR CONSTRUCTION WORK
SPECIFICATIONS FOR CONSTRUCTION WORK
1. Structure R.C.C.Framed Structure.
2. Foundation As per site condition and soil Bearing Capacity
3. Bed Concrete Below footing and Foundations minimum 100 mm thick.
4. R.C.C.Work All structural members including footing, column, beams, slab,
Lintels, Waist slab,Pardies and fins, Walls etc.should be in M20
grade
Of cement concrete. Cement should be used O P C or PPC 53
Grade of approved Manufacturer.
5. Plinth Minimum height of Plinth where Basement is proposed should
be at
Least 1200 mm from highest G.L.surrounding the proposed or
minimum
900 mm above adjacent road level whichever is maximum.
Where
basement is not proposed it should be minimum 450 mm above
Highest
G.L.surrounding the project or 750 mm above adjacent road level
Whichever is more.
6. Filling in
Plinths
ALL the loose material and B.C.soil if any should be scrapped out
From the site. Hard Murum of approved quality should be laid in
150 to 230 mm layers, Ever layer of HM should be well watered
and compacted by means of Hand compactor or Mechanical
means
to achieve minimum proctor. Density of 95 o/o. A layer of hand
packed rubble stone soiling of 230 thick and of approved Quality
should
be laid and compacted properly. All the gaps to be filled Using
stone
chips and aggregates. The base core for flooring should be of C.C
of M10 grade laid in true level and slope.
7. Damp Proof
Course
Where brick work / U C R is proposed in plinth and is exposed to
under
Page 95
Take load of super structure D P C of 50 mm thick M 20 grade C C
with a Finishing coat of bitumen layer of 20 mm thick should be
approved and laid in true level.
8. Brick Work in
plinth
B B M in plinth should be laid in true line and level as per drawing
in
Cement mortar of 1:6 proportions. The quality of brick should be
Approved and laid in English bond.
9.
Plinth
Protection
Wherever required the plinth should be protected using the
proper plinth
Protection treatment in true slope for a minimum width of
1.00.m.The area Around the building required plinth protection
should be well
compacted And a layer of 100 mm C C of M 20 grade should be
poured
over the Soling in true line and level to maintain a slop for
drainage
of water away From the building .The surface of the sloped
concrete
should be Roughened to mark it non slippery.
10. Brick Work in
Super
The B B M in super structure should be in C.M.1:6 and should be
laid in
Structure True line and level as per drawing. The external brick work should
be 230
mm thick as far as possible. Where half brick wall is proposed as
per
Drawing the B B M should be in CM1:4 laid in true line and level,
a band
Of M 15 C C of 100 mm thick with nominal reinforcement should
be laid at Least at every 1000 mm interval.
12. Head Room for
Staircase
R.C.C.structure and 230 mm thick brick work should be used for
head room of staircase as per drawing and designs. The height of
head room should be minimum 2400 mm.
11. Parapets Where brick work is proposed for parapets wall it should be
minimum of 230. mm thick and 1050 mm height or as per
Elevation treatment proposed in the drawing.
13. Water proofing 1. For terrace: Indian pattern water proofing laid in true line and
level with
proper slope should be used
2. For Toilets: Brick bat coba should be issued on a stamp paper
for
Page 96
water proofing.
14. Plaster 1.External:Sand faced plaster in C M 1:4 in two coast with a
minimum
thick ness of 25 mm should be applied for external walls. the
ceilings of
chajjas and balconies slab should be of 12mm thick.
2. Internal plaster : 1} ceiling -6mm thick .in CM 1:3
2}walls-12 mm thick in CM 1:4
Wherever the plastering is required over the joints of brick work
and RCC
structural member 300mm chicken mesh should be fixed
properly above
the joint prior application of coat of plaster
15. Flooring 1. For shops: Polished kota/shahabad/ marble / granite stone or
vitrified
ceramic tiles of approved mark and size / thickness /color /
design or white
cement based MM tiles should be used for flooring.
2. For passage : suitable flooring material with the shops should
be used
for flooring of passage and lobbies .
3. Toilets : Color glazed tiles of approved manufacture should be
used
for flooring of ties and bathrooms.
16. Dado and
Skirting
1. For shop : minimum 100 mm height skirting of matching
flooring
2. Passages : do-do
3. For toilets : Color glazed tiles of approved manufacture of
minimum
1200 mm height.
17.
Rolling Shutters
For shops rolling shutters of 22 SWG Mild steel sheet with all the
spring arrangement rolling frame and accessories of approved
quality with
l coat of red oxide and 3 coats of approved oil paint of required
color
shades should be fixed properly in true position as per drawing
18. Doors For Toilets : MS or M 40 grade per cast RCC frame of designed
size and
with PVC panel of approved thickness and textured should be
used for
shutter .The door should be fixed with appropriate locking
arrangement,
Page 97
stoppers and tower bolts of high quality standards at required in
trine
line and level.
19. Ventilators M.S.glazed ventilators as per drawing should be used be for
ventilators.
20. plumbing and
sanitary
1. Water line ;12.5 mm to 32 mm dia GI pipes of C class with
heavy duty
arrangements fitting should be used for water line .The water line should be
canceled
and laid in a true position and level as per approved drawing.
2. Sanitary line ; HPVC pipe and HPVC fitting of approved
manufacturer
should be used for sanitary line.
3. Plumbing fitting : Chrome plated brass fitting of approved
manufacturer
should be fitted as per approved drawing.
4. Sanitary fitting : ceramic fitting of approved manufacturer like
CERA,
Johnson and Johnson, parry ware should be used for sanitary
fittings.
5. Septic tank : as per requirement.
6. Under Ground water tank : capacity as per bidding data in RCC
M 20
as per approved design.
7. Over head water tank : Capacity as per bidding data in RCC
M20 as
per approved design.
8. Inspection Chambers and other chambers ; as per
requirements and
site conditions
9. Inspection arrangement: Suitable to the height of the over
head tank.
Comprising of motor of required HP with pump and lifting
arrangements.
all the plumbing and sanitary drawings and samples / broachers
of fitting
should be got approved from the PDC prior installation at site
21. Painting 1. External : Textured paint of approved manufacturer in
approved
Shades and texture pattern or cement paint of approved
manufacturer.
2. Internal: Oil Bound Distemper on white wash.
3. For M.S.and Iron members: Such as railing, shutters. doors,
Page 98
Ventilators ect. Oil paint of approved manufacturer. should be
applied in 3
coats over a layer of red oxide
22. Dismantling and 1. Structures like existing building at site should be dismantled
properly
Disposing and material dismantled should be transported to plase shown by
the
client up to lead of 5.00 km and dumped properly.
2. Members like Electrical pole ,telephone pole should be gat
shifted
Thought appropriate authority at the developers.
3. Trees should be cut with prior written permission from the
trees authority of MMC and transported to place shown.
23. Anti Termite AS per IS 6313 all around the building ,below filling and sides of
walls
Treatment in the plinth should be carried out as procedure.
24. Electrification As per specifications given in the volume.
3.0 ADDITIONAL SPECIFICATIONS
Developer has to submit additional specifications for work not covered under list of
speculations in section I if he proposes to provide high quality exterior finishes to the building
including composite aluminum sections for exterior curtain wall, textured paints, exterior
cladding with natural stones ,glass work and other materials etc, hallow block construction
work, paving blocks for parking and foot path and any other item he feels required to be
installed for aesthetic and attractive elevation purpose.
Developer is required to gat approval to all specifications prior execution work from PDC for this
purpose developer is required to submit samples, information broachers and working drawing
of submit samples, information broachers and working drawing of installation of all such items.
4.0 DRAWINGS
Page 99
MALEGAON MUNICIPAL CORPORATION
MALEGAON
BID DOCUMENT FOR CONSTRUCTION OF SHOPPING CENTRE THROUGH
B.O.L.T. SCHEME AT S. NO. 64/1, 65/1,
MOTIBAG NAKA, (Re-Tender), MALEGAON.
SET-2
FINANCIAL INFORMATION DOCUMENT
PROJECT DEVELOPMENT CONSULTANT
Ar. RITESH R. KANKARIA
10, Pawar Complex, Camp Road,
Malegaon – 423 105 (Nasik)
Phone : 02554 – 256077
Mobile : +91-9422254800
E-mail : [email protected]
Page 100
INDEX
Page No. No. Particulars of Works
From To
1. BID LETTER 03 04
2. DETAIL OF PROJECT COST 05 07
3. FINANCIAL DETAIL OF PROPOSAL 08 08
4. EXPECTED EXPENDITURE DURING IMPLEMENTATION PERIOD 09 09
5. CASH FLOW PROJECTION 10 10
Page 101
1. BID LETTER Note :- This form in to be typed separately on the letter head of Bidder and filled up, signed
and sealed as per stated in Set I.
Name of the Project :- Construction of Shopping Complex for Malegaon
Municipal Corporation, Malegaon on BOLT basis.
Motibag Naka S. No. 64/1, 65/1 (Re-Tender).
To,
The Commissioner,
Malegaon Municipal Corporation,
Malegaon
1. Having examined the Conditions of Contract, Specifications, Drawings and Addenda for
the execution of the above named work within the time specified, we, the undersigned
offer to execute and complete such Works and remedy and defects there in conformity
with the Conditions of Contract, pacifications, Drawings, Scope of work and addenda for
the execution of work and offer to pay Malegaon Municipal Corporation, Malegaon
Premium Amount in Rupees as mentioned in the column. 1.ii below in installments as
per conditions of contract and assured Lease rent per month as mentioned in Set – 1I for
development of shopping complex on above mentioned site and obtaining development
and sub lease rights from MMC.
(i) Total Project Cost worked out to In Fig ` ___________________
In Words ` ________________
(iii) Premier Amount offered in INR In Fig ` ___________________
In Words ` ________________
2. We acknowledge that the Set I, Set II together with any addendum and common set of
deviations thereto from part of Bid.
3. We undertake, that if our bid is accepted, to commence the Works as soon as is
reasonably possible after the receipt of the Notice to commence (Work - Order), and to
complete the whole of the Works comprised in the contract within the time stipulated.
4. We agree to abide by this bid for the validity period stipulated in the bidding documents
and the bid shall remain binding upon us and may be accepted at any time before the expiry
of validity period as per bidding data in set I.
Page 102
5. Unless and until a formal Agreement is prepared and executed, this bid together with your
written acceptance there of, shall constitute a binding contract between us.
6. We understand that data given by the Department is only for guidance purpose and detailed
site investigation regarding subsoil condition, water table, D.C. Rules are undertaken by me
and my bid is based on the investigations made by and not data supplied by Department.
7. We understand that you are not bound to accept the highest or any bid you may receive.
Dated this ___________________________________ 2009
Signature _________________________ in the capacity of
______________________________
Duly authorized to sign bids for and on behalf of
_______________________________
Address __________________________________________________________
Occupation ________________________________________________________
(To be filled in by the Bidder, together with his particulars and date of submission at the bottom
of the form of Bid)
DEVELOPER CITY ENGINEER COMMISSIONER
Page 103
2. DETAIL OF THE PROJECT COST
Details of the total Project Cost
FINANCIAL QUOTATION
BREAK –UP OF THE PROJECT COST.
A) Cost of Ancillary Items. (Rupees In Lacks)
MMC and Developer
Component Amount.
Phase
Total Items
I II
1) Cost of Survey Geotechnical and Other
Investigation.
2) Cost of detailed architect design.
Structural Design.
3) Cost of Shifting of utility services including
shifting of Electrical poles, Telephone poles,
Cutting Trees etc. at site of work.
4) Cost of Service road, roadside gutters
5) Cost of license fees including non
refundable deposits for sanction from
competent authorities i.e. Plans and
Estimates, Electrification from M.S.E.B. or
any other competent authority, external
water supply & sanitary arrangement and
safety equipment, including all other taxes
to be paid to Local Municipal Authority. Fees
of consultants, stamp duty and Registration
charges for registration of documents and
lease deed.
6) Cost of dismantling the structure including
dismantled material from site.
Total :
Cost of ancillary items. (A) : - …………………………… `
Note :- For cutting trees, Developer has to take prior permission of Trees Department of MMC.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 104
B) Broad Details of cost of building construction.
MMC and Developer
Component Amount.
Phase
Total Items
I II
1) Civil Work
a) Ground Floor with foundation and Parking
b) First Floor
c) Second Floor
d) Terrace Floor with W.P. Treatment.
2) Internal / External electrification.
a) Internal , including lifts if any
b) External including sub station, transformer
and connection to MSEB etc.
3) Internal Water supply and sanitary
arrangement
4) Cost of External water supply and sanitary
arrangement for total campus to be handed
over to M.M.C.
5) All finishing items for completion of
Building including compound wall.
6) Internal roads and pavement, Storm water
drains.
7) Landscaping / garden play ground /
arboricultural etc.
8) Cost of quality control laboratory to be
constructed on site.
9) Cost of any other item required to
complete the work in all respect (DEVELOPER
should quote )
Total -
Total -
Total cost of Construction (B) = `
C) Break Up of Installments of Premium Amount to be paid
MMC and Developer
Component Amount.
Phase
Total Items
I II
Break up of Premium Amount Installments
as per contract terms and conditions
Total c) :
DEVELOPER CITY ENGINEER COMMISSIONER
Page 105
Total Project cost = A + B + C = ` ____________________________
Note : - 1) The cost shall be based on price level at the time of submission of Bids.
2) Breakup of project cost shall be given in form No. 2.
3) This is a sample from, bidder has to prepare details separately on separate sheet and
submit as per bidding procedure indicating the Schedule no, Form no, and Particulars of
schedule.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 106
3. FINANCIAL DETAIL OF PROPOSAL
Form – 3
Financial Details of the Proposal
Name of work :- Construction Shopping Complex on BOLT basis for MMC
1) Total estimated Project cost of work (In figure and in
words )
2) a) Assumed Rate of Interest On Debt
b) Rate of Interest on Equity (if any)
3) Estimated construction period
4) Premium offered by Developer (In figure and in words )
5) Estimated cost of Management and overheads, etc. per
year.
6) Assumed Debt / Equity Ration
7) Any other Details
Note :- 1) The cost shall be based on price level at the time of submission of Bids.
2) Breakup of Project cost shall be given in form No. 2.
3) This is sample form, bidder has to prepare details separately on separate sheet and
submit as per bidding procedure indicating the Schedule no, Form no. and particulars
of schedule.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 107
4. FEXPECTED EXPENDITURE DURING IMPLENTATION PERIOD
Statement of expected expenditure
during the implementation period
[Year wise]
Year / Quarter / Month Item Expenditure
Total
Note :- All the figures under expenditure shall be at the current costs for respective
years.
This is sample form, bidder has to prepare details separately on separate sheet
and submit as per bidding procedure indicating the Schedule no, Form no. and
particulars of schedule.
DEVELOPER CITY ENGINEER COMMISSIONER
Page 108
5. CASH FLOW PROJECTION
CASH FLOW PROJECTION STATEMENT (Yearly)
CASH FLOW PROJECTIONS
Rate of inflation ______________ %
Rate of Interest (i) =
Sr
No
.
Mo
nth
/ Q
rtr
/ Y
ea
r
Eq
uit
y
Loa
n
Re
ceip
t fr
om
pro
spe
ctiv
e B
uye
rs
To
tal
Pre
miu
m A
mt.
De
v.
Bd
g.
To
tal C
ost
Infl
ati
on
Cu
rre
nt
Co
st
Ne
t In
com
e 5
.11
Ou
tsta
nd
ing
Am
ou
nt
Inte
rest
on
O/S
am
ou
nt
@ 1
2 %
To
tal o
uts
tan
din
g
Am
ou
nt
13
+ 1
4
% P
rofi
t
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Note :- The bidder must give the cash flow statement in excel format along with
formulas for each column in the format in the prescribed as above by the MMC.
DEVELOPER CITY ENGINEER COMMISSIONER
