Agreemnet With Client
Agreemnet With Client
Agreemnet With Client
IN
“-----------------------------”
PROJECT OF ---------------------- LIMITED
This Deed of Agreement is made at Dhaka on the 16 th day of June, 2013 (Two Thousand
Thirteen) of the Christian era;
BETWEEN
----------------- Ltd. a Limited company incorporated under the Companies Act.1994 having
its certificate of the Incorporation No. C--- dated 10th May 2009 under the signature of the
Registrar of Joint Stock Companies of Bangladesh, having its Business Office at ---, Dhaka,
represented by its Managing Director, --------, Son of ------, here in after called the
Developer/First Party (which expression, unless repugnant to the subject or context, shall
include its successors in office, executors, administrators, legal representatives and assigns) of
the FIRST PARTY.
AND
-------------------, Wife of Mohammed ---------, Present Address: Flat # B-4,House# 26,
Niketon,Gulshan, Dhaka-1000, by profession- House wife, by religion- Islam, by nationality-
Bangladeshi, hereinafter referred to as the “ALLOTTEE” (which expression, unless repugnant
to the subject or context, shall include his successors, executors, administrators, legal
representatives and assigns) of the SECOND PARTY.
WHEREAS
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The Developer has taken up the planning of an apartment complex named as “------” the land
situated at Plot No. 178, Road No. 06, Block No. C, Basundhara R/A, Khilkhet, Dhaka.
AND WHERES the FIRST PARTY Developer Company is in possession of all that piece and
parcel of land measuring more or less 3600 sft. or 8.16 decimals or 5.00 Kathas situated in Plot
No. 178, Road No. 06, Block No. C, Basundhara R/A, Khilkhet, Dhaka. This has been acquired
by Deed of Agreement No. 65, Dated 3 rd January 2011 and Power of Attorney No. 66, Dated 3 rd
January 2011, given by the owners of the land in the name of the FIRST PARTY Developer
Company. The Developer have clearance land more fully described here in after called
schedule ‘A’ to Develop a multistoried residential building as per RAJUK rules.
And whereas the FIRST PARTY Developer Company intends to build and construct a Nine
(09) storied Residential Project (including ground floor) ON THE SCHEDULE ‘A’ land along with
certain common facilities to be provided to the apartment owners.
And whereas in the common interest of the prospective owners of the apartment / flats of the
“----------------”, the FIRST PARTY Developer company has decided to divide the entire ‘A’
schedule land in to proportionate undivided and undemercated shares depending on the blocks
to be offered for sale to the prospective apartment owners along with certain common
facilities.
And whereas the FIRST PARTY Developer Company has declared their intention to sell such
undivided and undemercated proportionate shares of land out of schedule ‘A’ land and
SECOND PARTY Allottee being interested offered to purchase shares measuring 360 sft.
(Approx.) of land more or less out of schedule ‘A’ along with right of use of common facilities to
be available therein and the FIRST PARTY accepted the said offer of the SECOND PARTY
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The FIRST PARTY Developer Company on the SECOND PARTY’s intention allotted Flat
No.2-A of having 20800 Sft. (more or less) & One(01) car parking of residential project
“-------------” on 2nd floor to the SECOND PARTY as per SECOND PARTY’ s intentions.
AND
Whereas the FIRSTPARTY the Developer Company has expressed their willingness to build
and construct an apartment No. 2-A in the residential Building “ ----------” for SECOND
PARTY , flat owner in this residential project as described on schedule ‘B’ of this agreement.
AND
Whereas the SECOND PARTY Allottee having accepted the plan and on perusal of the terms
and conditions as embodied in the brochure and hereinafter enumerated do/does hereby
empower and authorized the FIRST PARTY Developer company to construct and complete
the said schedule ‘B’ apartment Flat for him/her/them and thereafter handover physical
possession of the same to owner/ owners.
AND
Whereas the SECOND PARTY Allottee’s hereby agreed /agrees that the FIRST PARTY
Developer can enter into similar agreements with other prospective flat owners.
1. That the Developer hereby allots to the Allottee of the following apartment:
Type # 2-A, Floor # 2nd , Facing: North, Size: 2080 sft. (more or less)
2. That the apartment plan and all features will be prepared and specified by the
Developer to the Allottee and the declared features maintained in Annexture-2 will be
installed and supplied to the Allottee in this apartment.
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4. That the following schedule of payment has been agreed between the Allottee and the
Developer.
Payment mode:
1st Installment : 1st January 2014 Tk.
Down payment : 20th January 2014 Tk.
Last Installment : 20th February 2014 Tk.
ANNEXTURE-1
PAYMENT SCHEDULE
In Words:
N.B. In case of increasing area (sq. ft.) in the final measurement at the time of handover
the Allottee shall pay the price accordingly. On the contrary in case of decreasing area the
price shall be adjusted.
5. That the Registration cost and any other taxes, duties, VAT etc. will be paid by the
Allottee subject to actual assessment by concerned authorities in due course of time,
payment are to be made as soon as required.
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6. That the cost of additional works and the additional cost for additional features which is
mentioned in Annexture 2 shall be paid by the Allottee on acceptance by the
Developer of the Allottee request.
7. The Allottee will make Down Payment and Installment by Cheque, Pay Order or TT in
favor of the Ltd.
8. That the Developer and the Allottee agreed to the General Terms and Conditions as
per the attached Annexure. The Annexure is an integral part of this agreement of
allotment.
IN WITNESS WHEREOF the Developer and the Allottee sign and execute this Annexure
to the agreement for allotment on the same day, month and year as aforesaid.
______________________ _________________
Managing Director
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WHEREBY THE DEVELOPER AND THE ALLOTTEE MUTUALLY AGREED AND DECLARED
AS FOLLOWS
1. The agreement for Allotment as per Developer’s prepared plans and specifications,
consisting of apartments with other facilities and amenities all of which hereinafter are
referred to as “Greenland Kaniz Evelina”. The Allottee has seen and accepted the
Developer’s specifications.
2. After clearing Down Payment that the Allottee shall be paid all the installments as per
Annexture 1, which is essence of the contract. In case of any delay payment that the
Allottee shall be paid delay charge of 0.1% per day on the amount of payment
delayed to the Developer. If a payment is delayed beyond 60 (Sixty) days, the
developer may exercise its right to cancel the allotment or if the Allottee wants to
cancel apartment for their own interest then in this event Developer will deduct 5%
service charge from the total deposited amount of the Allottee. In the event of
cancellation of allotment the Allottee deposited amount (after deduction) will be
refunded after subsequent selling of the same apartment to the new buyer.
3. During the installment payments if the Allottee delays the payment on any schedule
installment, they will be issued a warning letter from the Developer. If such letters are
needed to be issued consecutively three times during the total process, then the
Developer has the right to issue a letter of cancellation to the Allottee.
4. That the Developer company shall complete the construction work in all respect of the
schedule ‘B’ apartment with standard quality materials and good workmanship in
accordance with the building plan, design and specification.
5. That the construction of schedule ‘B’ apartment the Developer will hand over the
demise
apartment to the Allottee by April 2014 (Provided the provision of 06 (six) months
grace period after October, 2014). If the Developer can’t hand over the demise
apartment in the schedule time, the Developer must compensate monthly house rent
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(as per current market rate) for the delayed period, when the payment made as per
schedule agreement Annexture 1.
6. That the Allottee shall be paid all the Installments (as per Annexture 1) at least 01
(one) month before to take possession fixed under this agreement.
7. When the brick works and the other internal works will start then the Allottee shall
inform to the Developer within15 (Fifteen) days from the time of issued modification
letter. Otherwise the Developer will start work as per Design & Annexture-2
8. That the time limit so fixed shall however, be extendable, if this becomes absolutely
necessary on account of non-availability of the required building materials, act of Allah,
natural calamity, strike, political unrest, Civil commotion and for any other reasons
whatsoever beyond the control of the Developer.
9. That the cost of construction of the schedule ‘B’ apartment includes the proportionate
cost of staircase, internal electric wiring, underground water reservoirs, overhead water
tank, supply line, gas supply pipe line, water lifting pumps with Electric Motors,
Generator, Lift core, intercom facilities, Common space decoration, according to the
brochure and building plan and specification.
10. That the Developer Company shall always have the right to make minor alterations in
the plan of the apartment and in the lay out plan, if it becomes necessary in the better
interest of the project.
11. That the Allottee shall not, without the prior consent of the Developer, sale, transfer,
convey mortgage, change or in any way encumber, deal with or dispose of the rights
and benefits under this agreement till the dues of whatsoever nature owed to the
Developer are fully paid up. The Allottee can transfer, convey, mortgage change,
encumber deal with or dispose of the schedule ‘B’ Apartment on its own giving prior
notice to the Developer by providing applicable service charge which is 5% of the total
cost to the Developer as transfer fee.
12. That the Allottee shall not use the schedule ‘B’ apartment or any part thereof for any
purpose other than residential purpose nor he shall use the said apartment in such
manner as may cause nuisance or annoyance to the owners or occupies of other
apartments of the Building or in any manner which diminishes the value or utility of the
common facilities amenities provided in the said complex.
13. The Allottee shall jointly with the other Allottee (s) or occupants of other apartment
use and enjoy the open spaces, the internal roads for ingress, passage, driveways,
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drains, sewerage, yards, water reservoirs, electricity and gas connections and other
common facilities that may be made available in the project and maintain them along
with arrangement for common security, lighting and guarding as may necessary at their
costs, which shall be borne by them equally.
14. That the Allottee shall not damage and diminish the value of the schedule ‘B’
apartment and couldn’t make any structural alteration or raise any construction or any
kind as an additional or modification of the demised apartment/flat.
15. That the Allottee(s) shall pay all taxes and other Municipal and Government dues and
charges that may be payable for apartment and land covered by this agreement in
proportionate to his/her/their share.
16. a) That so long Municipal tax & other taxes and charges are not assesses separately ‘B’
apartments /owners shall pay proportionate share of such taxes and charges that may
be imposed or levied in respect of entire land and complex.
b) That the Developer Company’s responsibility to preserve protect and maintain the
schedule ‘B’ apartments shall cease simultaneously with the take in over possession of
the owner/owners hereto.
17. That the Allottee shall pay transfer fee, all costs incurred in sub registry office towards
registration and or issuance of share certificate to individual owner of apartment.
18. That the Allottee shall not display any business signboard, advertisement board of
design in any demised apartment /flats.
19. After completion of the construction of the project the Developer shall notify to the
Allottee to take possession of the Apartment purchased and the Allottee shall take
delivery of possession on payment of balance dues including all to the builder within 30
days on receipt of the said notice. The Allottee will get the deed of sale executed and
registered at the costs of the purchasers.
20. Under no circumstances possession of the apartment in question shall be given unless
all the payments required to be made against the apartment so purchased have been
made in full to the Developer.
21. The roof of the building shall be under the control of the Developer until all the
apartments are sold and handed over to the Allottee.
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22. That in case of conflict or contradiction appearing among the contents of the prospects
and terms and conditions of this agreement, the provisions of this agreement shall
prevail.
23. That in case of any dispute difference shall arise between the parties during the
progress of their construction relating to the said apartment or to any other thing
directly or indirectly under this agreement, the same shall be settled by the parties
themselves and in default of which the matter shall be referred to the arbitration of
3(three) persons to be appointed with the consent of both the parties and the majority
decision of such arbitration will be final and binding on both the parties.
24. In case of any abnormal price hike or decrease for any national crisis or act of Allah
then both the party will mutually resolve the issues.
25. Before handing over the apartment, the Allottee shall deposit Tk. 100,000.00/-
(Taka One Lac Only) to the Common Service Fund of the Association to be constituted
by the Allottee for smooth running of the project management and maintenance.
26. Upon completion of construction of the Apartment, the Developer shall give/serve
notice to the Allottee to take vacant possession of the apartment within 15(fifteen)
days of the dispatch of the notice, in case of failure on the part of the Allottee to take
delivery of possession of the apartment within the said time limit, the Allottee shall be
liable to pay Tk.500/- (Taka Five Hundred Only) per day for taking care of the
apartment by Developer.
27. According to the size of the apartment or number of the apartment each Allottee will
be the owner of the proportionate area of the total land amount on which the building
exists.
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BUTTED AND BOUNDED
On the North : Road
On the South : Plot No-181
On the East : Plot No. 179
On the West : Plot No. 177
SCHEDULE ‘B’
The apartment /flat covering an area of 2080 sft. (more or less) to be constructed by the
FIRST PARTY Developer company with the money to be provided by the SECOND PARTY
Allottee and will be numbered as Apartment No. 8-A of “GREENLAND KANIZ EVELINA ”
project on 8th floor. The fittings and fixtures have described in Annexture-2.
Car Parking Schedule
One Car Parking has been purchased by the Allottee. The Allotment of the car parking space
will be assigned by the lottery at present of the owners at a scheduled event before official
handover.
ANNEXTURE-2
AREA OF APARTMENTS
FUNCTIONAL
Internal Specifications for each unit.
03 (Three) Bedrooms
04 (Four) Bathrooms including Maid’s Bathroom.
Living, F. Living and Dining.
Kitchen and 04 Verandahs.
Main Door:
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Main door frame is made of Teak Chambal wood and shutter is made of Chittagong
teak wood with Check Viewer, Door Stopper and good quality of handle lock,
apartment number plate.
Internal Doors:
All internal door frames are made of teak Chambal wood and shutters (except s. toilet
and verandah doors) are made of Teak Chambal veneered flush door (plain)
Partex/Otobi/equivalent with French polish and standard round lock.
All Toilet and S. Bath Door:
Teak Chambal Veneered Flush Door with one side laminated/enamel finished and PVC
Combined door frame and shutter in S. bath.
Verandahs:
Thai Aluminium sliding door with 5mm thick glass (as per approved architectural
drawing)
Window:
Good quality aluminum sliding windows with mohair lining and rain water barrier in
aluminum sections with safety grill.
FLOOR FINISH
Wall tiles will be (8” x 12”) up to 7’-0” height- Great wall/Fuwang or Equivalent.
Lift, Lobby and Reception corridor at Ground Floor and other floor:
Mirror Polish China Tiles at ground floor as per design and other floors will be
great wall or equivalent tiles as per architectural design.
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Parking Area:
Pavement Tiles with clearly defined apartment number.
Wall finishes
All outside walls and Interior walls will be combination of 5” & 10” brick work
with smooth plaster.
Roof Top:
Overhead water tank with RCC
Roof top garden
Lift machine room
Parapet wall
Stair:
Wooden hand rail with M.S rail post as per architectural drawing.
Electrical Fittings:
All electric wiring, phone lines, Internet Cables, will be concealed.
TV cable provision in Master bedroom and living room.
Telephone cable provision in Master bedroom and living room.
Broadband cable provision in F. Living.
Intercom connection with guard room.
Electrical switch will be M.K- Singapore/Malaysia or equivalent.
Electrical distribution box with main switch.
Emergency power backup will be light (05) and fan (03) points in each
apartment.
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All power outlets with earthing connection.
Provision for Split type AC in Master bed, Child bed and living room.
Verandahs with suitable light point provision.
Kitchen Fittings:
Functionally designed decorative Granite tile worktop.
Stainless steel sink RFL/Arino/equivalent (single bowl with single tray).
Sink Mixture Nazma/Gloria/Sharif/Sattar or equivalent
Individual Electric Geyser (hot & cold water line).
Double burner gas outlet.
Suitably located one exhaust fan provision.
Down wash in kitchen verandah with tile finish.
Bathroom Fittings:
Combiset with Cabinet Basin (RAK or Equivalent) including tile top in Master
bath and Combiset with Pedestal basin in 2nd & 3rd bath (RAK or Equivalent)
except servant bath.
Standard quality (China or Equivalent) soap case, towel rail, paper holder and
push shower in all bathrooms except servant bath.
Long pan with ceramic lowdown (RAK or Equivalent) in Servant bath.
Mirror with overhead light provision.
All CP fittings Nazma/Gloria/Sharif/Sattar or equivalent.
Individual electric geyser (hot & cold water line) in master bath.
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Independent electric meter for each apartment.
Electric Sub-Station, electricity supply with separate main cable
Substation and Standby Generator (FG Wilson- UK) with canopy.
Water pump with control panel Gazi/RFL/Saer or Equivalent.
Underground water reservoir.
SPECIAL FEATURES:
CCTV Security Control system to cover all inside and outside area of the
apartment.
Pest Control.
Best Quality Stone/Brick Chips, 1st Class Bricks, Cement, Sand etc will be used as
per requirement.
Structural:
Structural design parameters and based on American Concrete Institute (ACI) code
and Bangladesh National Building Code (BNBC)
Structural analysis for design is carried out utilizing the latest computer software
(Staad-Pro/ETABS)
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Comprehensive section by section checking and testing of all reinforced concrete by
professional design and supervising engineers.
All structural materials including steel, cement , Brick ,Sand and other aggregates of
highest standard and screened for quality including laboratory testing
Steel:
Deformed Bar (60 grade/40 grade)
Reinforcement by:
Bangladesh Steel Re-rolling Mills Ltd. (BSRM)
Rahim Steel Mills Ltd.
Kabir Steel Re-rolling Mills Ltd. (KSRM)
GPH
Megnum Steel
Other Equivalent high standard Steel Mills.
Cement:
Scan
Cemex
Holcim
Lafarge Surma Cement Ltd.
Crown
Seven Ring
Other equivalent high Standard Bangladesh Manufacturer.
Aggregate:
Stone Chips for all columns and foundations.
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Bricks:
First Class Bricks Runner/ACCL or equivalent.
Sand :
Course Sand (Sylhet) 2-2.5 FM.
Local Sand 1-1.5 FM.
N.B. In case of non- availability of the materials mentioned in the proposal, equivalent in terms
of quality and price available in the market will be used and GBL and the landowner or their
representative will take the decision to use the substitute materials.
This agreement is made herein with the full understanding of the terms and conditions and
specifications for both parties involved. Both parties agree and signed below with the full
conscience of the materials illustrated in this agreement with the witnesses.
______________________ ______________________
Abdullah Al-Mamun Sayeda Nazneen
Managing Director
Witnesses:
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1. Name :
Address :
2. Name :
Address :
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