SAMPLE OF A CONTRACT OF AGREEMENT WITH REAL ESTATE COMPANY

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SAMPLE OF A DEED OF AGREEMENT

This Deed of Agreement is made at Dhaka on the 16th day of November, 2009 (two thousand nine) of the Christian era;

BETWEEN

NIBASH NIRMAN LTD, a company incorporated under the Companies Act.1994 having its certificate of Incorporation No. INC N0-C-65139(2631)/06 Dated 16/12/2006. under the signature of the Registrar of Joint Stock Companies of Bangladesh, having its Business Office at House no. 68 Sheihk Russel Square, Panthoplaza (3rd Floor), Panthopath, Lakecircus Kalabagun Dhaka -1205, represented by its Managing Director, Arch. Shaheed Ahmed Sumon hereinafter called the Developer / First party (which expression, unless repugnant to the subject or context, shall include its successors, executors, administrators, legal representatives and assigns) of the Parties of the First Part.

&

MR. MD. SHAHJAHAN son of Late Abdur Rashid, of permanent address village debipur PO & PS Feni at present residing Ka 46, Shahjadpur Gulshan , by religion Islam, by occupation Banker , by nationality Bangladeshi (hereinafter referred to as the 2nd Party which expression, unless repugnant to the subject or context, shall include his successors, executors, legal representatives and assigns) of the Second Part.

 

Recital:

WHEREAS, the party of the First part a registered Real Estate Company reputable in  its own business arena with commendable experience and expertise, was engaged and empowered by the Land-owners of the land measuring more or less 7.32 decimals (Seven  Point Three Two decimals) or thereto situated in the District- Dhaka, Police Station-Badda, Sub Registry  Office- Shabek Gulshan  at present Badda, Under Dhaka Collectorate Touzi, JL. No.CS-291, SA-124, RS-38, DhakaCity Survey -22, Mouza at Badda, Khatian No. CS-383, SA-1208, RS-974, DhakaCity Survey Khatain No.DP-16049, Plot No.CS & SA-1026, RS-2045, DhakaCity Survey Plot No.11356, Mutation Khatian No. 8575, Jote No. 117/29 Plot No. 2045 ( hereinafter referred to as Schedule Land or project land), under written Deed of agreement dated 18th day of December  2008 for the construction of a seven-storied Residential Apartment Condominium Project, on the Schedule Land, consisting of (Twelve) Apartment on 1st to 6th floor and eight Car-ports in the Ground floor together with common facilities of gate way,

 

electricity, water, sewerage, path way, lift service, boundary wall, sanitation, roof-access, fire- protection, walk-up, stairs and security services, for every  Apartment owner of the Project per Standard Specifications.

AND WHEREAS in accordance with terms conditions of the said agreement, dated 18th day of December 2008, entered between the Landowners and the Developer (herein referred to as First party), the Landowners execute a Registered Irrevocable Power of Attorney bearing no. 13337 on dated  18th December  2008 to the Developer conferring on the latter all necessary powers for the purpose of the construction on the project-land including powers to sell or otherwise dispose of the specified Apartments(i.e. developers portion as per deed of agreement and power of attorney) to different 2nd Parties and receiving all payments from such 2nd Party’s.    

 

AND WHEREAS the Developer undertook the construction of the said project as an integral whole of all the Apartments, Car-ports and common facilities as per Layout Plan duly approved by the Rajdhani Unnayan Kartripakkha (RAJUK).

 

 AND WHEREAS, having examined the title deeds of the Land-owners and his Agreement with the Developer and the prospectus, plan, Design and Specifications of the project and begin satisfied thereabout, the 2nd Party has proposed to purchase and formally applied for allotment of a to-be-constructed Apartment of the project to his name along with transfer of proportionate share in the project land and the Developer, accordingly agreed and allotted Apartment No. 1A and 1B of the 1st  Floor measuring 2001.00 Sft  Floor Space and 299.00 Sft Common Space together with 0.78382 ( zero point seven eight three eight two ) Katha or 1.2933 Decimal undivided and un demarcated project Land and one Car-port in the ground Floor to his name subject to terms & conditions hereinafter recounted.


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INDENTURE WITNESSED AS FOLLOWS

1.0       Name of the Project

That the Name of the project shall be “Nibash Jotsna” in consonance with name of its Developer.

2.0       Engagement & Consideration

2.1 That in Consideration that the Developer shall sell & transfer and the 2nd Party shall purchase, subject to the terms of this 0.78382 ( zero point seven eight three eight two ) Katha or 1.2933 Decimal undivided, un remarketed project-land as described in Schedule-B hereto at a price herein after mentioned.

 

2.2 That the cost of  construction of the demised Apartment & Car-ports shall include, in addition to the cost of structural construction thereof, the proportionate cost of development of the project-site, construction of internal roads, passages, pavements, stairs, drains, under ground and over ground water reservoirs and installation of water supply line, lift, standby generator, sewerage line, gas supply pipeline and water lifting pumps with electric motors as per Plan and standard Specifications.

2.3 That the Developer shall use quality-materials in the construction of the Project, particularly the Apartment and Car-port of the 2nd Party, with modern features as mentioned in the Prospectus and shall complete the construction with good workmanship.    

2.4 That the 2nd Party shall, without prejudice to any other provision of this       instrument and without reference to the actual market value of the land and cost of construction to be incurred, pay the Developer a sum of TK. 65,75,000/ -(Taka Sixty Five Lac Seventy Five Thousand) only for the properties described in Schedule-B & C below as the price of his allotted share of Project Land and as the cost of construction of Apartment, Car-port and common facilities as well as the service charges of the Developer. However the price will be settle at actual during handover based on final measurement of floor space and common space based on the rate of 2750.00 Tk per Sft and 250,000.00 Tk per Car Park.

 

3.0 Payment Modality

That since, out of the payable sum of TK.65,75,000/ (Taka Sixty Five Lac Seventy Five Thousand) only, the 2nd Party has already paid Booking money & Down payment TK. 13,15,000/ -(Thirteen Lac Fifteen Thousand Taka) only, the receipt of which the Developer hereby acknowledges, the remaining amount of TK. 52,60,000/ -(Fifty Two Lac Sixty Thousand Taka) only shall be payable, subject to the provision of Clause no. 5.0 bellow, by the 2nd Party to the Developer as per following payment slab:

 

 

Grade Beam Casting                                                       657,000.00 Tk


 

1st Slab Casting Beam Stage                                           657,000.00 Tk


 

2nd Slab Casting Stage                                                     657,000.00 Tk


 

3rd Slab Casting Stage                                                     657,000.00 Tk


 

4th Slab Casting Stage                                                     657,000.00 Tk


 

5th Slab Casting Stage                                                     657,000.00 Tk


 

6th Slab Casting Stage                                                     657,000.00 Tk


 

During the time of Handover                                          657,000.00 Tk


 

Note: The increased or decreased cost based on actual measurement of floor space and common space will be adjusted with the last payment during the time of handover.


 
4.0 Improvement Cost

4.1 That excepting what is provided hereunder, the 2nd Party shall have no entitlement to do or cause to be done any change or alteration in the basic structure and external look of his Apartment and location of his Car-port so as to cause the same loose strength or diminish in value and quality or look externally different from other Apartments of the Project.

 

4.2 That is, if the 2nd Party wants to have any internal modification in his Apartment he shall inform the Developer of the proposed modificationin writing within such time as the Developer shall determine and upon receipt of such request the Developer will consider its feasibility in consultation with the Architectural & Structural Engineer. The 2nd party shall then be asked to sit with the companies architect to make changes in the room(s) size and orientation of his flat and shall finalize a plan for his portion without making changes in common facilities, plumbing lines and exterior of the building. In case the modification involves additional cost, the developer shall assess the additional cost involvement (if any) and convey to the 2nd Party the amount and date of payment thereof. No request for modification shall be entertained after the expiry of the time fixed therefore.

 

4.3 That if the 2nd Party desire to use some improved finishing materials instead of the ones selected by the Developer, the 2nd Party shall have option to select them from the list of optional items subject to his agreeing to pay the additional cost therefore as per assessment to be made by the Developer andpayment thereof within the time-frame made by the Developer. The Developer shallunder no circumstance entertain any request for optional works without the request and payment being made within and in accordance with the time-frame.

 

5.0 Default & Consequence

5.1 That it shall be obligatory on the part of the 2nd Party to make all payments strictly in accordance with the Payment Schedule and within the time specified therefore failing which the Developer shall have a right of action and the 2nd Party shall be liable as set forth below.

 

5.2 That if the 2nd Party fails to pay any installment within the time fixed therefore, he shall be entitled, only once to pay the same within 30 (Thirty days of the date of default, along with such other installments which may, in the meantime, be found due, with a Default-Charge @ 2% (two per centum) per menses on the defaulted amount. Default-Charge shall be chargeable on every day of delay. This privilege shall strictly be limited to default in payment of only one installment.

 

5.3 That after the expiry of 30 (thirty ) days from the date of default in payment of any single installment, the Developer shall be at liberty to the 2nd Party at his last-known address a 15 (fifteen) days prior Notice under registered post demanding payment of the defaulted amount on or before the expiry days from the date of default and to cancel the allotment and resign this deal altogether and to re-allot the Apartment,  Car-port and land concerned to any other 2nd Party of Developer’s free choice of the deal shall have the effect of rending a documents between the parties hereto, registered or unregistered, entirely null and void for all purposes.

 

5.4 That in the event of cancellation of the Allotment and recession of the deal, the 2nd Party shall be entitled to refund of the money already paid by the latter, excluding TK.1,00,000.00 (Taka One Lac) only within 120 (one hundred twenty) days from the date of such cancellation subject to the 2nd Party immediate executing and / or registering all such written instruments in favor of the Land-owners and/or the Developer as shall be demanded by the latter in proof of his acceptance of the cancellation of the Allotment and recession of the deal effectually and completely for all purposes.

 

 

6.0 Cost of utilities

That the Developer shall arrange to install separate Meters for gas and electricity in the demised Apartment for and in the name of the 2nd Party. The cost of installation, including the connection fees, security deposit and incidental charges relating thereto, will be initially paid by the Developer to the concerned authorities. The 2nd Party shall reimburse the same to the Developer in proportion to his share immediately after the incurring of such expenses as per the demand of the Developer.

 

7.0 Deed of Transfer

That the developer is empowered to perform by itself or the Land-owners shall, whenever be requested by the Developer in performance of this Agreements, execute and register a Deed of Transfer and execute or endorse instruments ancillary thereto in favor of the 2nd Party in respect of the invisible national share of the Project Land allotted to the latter (vide Schedule –B). The costs and expenses at actual on account of preparation and processing of the documents, non-judicial stamps and cartridge papers, registration, Taxes including Gain-tax payable by the Vendors and all other incidental charges shall be payable exclusively by the 2nd Party at least 15 (fifteen) Days before execution and /or registration of such documents of transfer.

 

7.1 That the 2nd party is hereby agreed to complete the registration process as soon as possible after completion of full payment in schedule time or earlier and has agreed to complete the registration no later than three months of handover of his apartment (s).

 

8.0 Delivery of Possession

 

8.1 That the Developer shall formally deliver physical possession of the Apartment and Car-port of 2nd Party’s entitlement in his/her/their favor only after completion of the construction of the Project within declared time  in all respects and receipt of all payments under this deal or Agreement between the parties hereto in full whichever is later. Possession shall be delivered under an instrument of delivery to be signed by the Developer and the 2nd Party if otherwise developer shall pay equivalent monthly rent to the 2nd party till handover. After hand over the Apartment the developer will registry the Apartment to the 2nd party within 12 months and the related registration cost will be paid by the 2nd party.

8.2 That the Developer shall give a Notice in writing to the 2nd Party to take vacant possession of the demised Apartment and Car-port within 30 (thirty) days of the dispatch of such notice.

 

8.3 That the allotment of the Car-port shall be made in accordance with the date of application of the 2nd Party   for apartment after selecting the reservation of the Car-port for the Land-Owners.

 

8.4 That the 2nd Party’s failing to take possession within the time specified in the Notice, he shall be entitled to have formal possession of the demised Apartment and Car-port from the Developer within 60(sixty) days from the date of the Notice on payment of Caretaking Charge @ TK. 100.00 (taka one hundred) only per day of delay after the said period of 30 days for protecting, guarding and caretaking of the demised Apartment and Car-port on 2nd Party’s behalf. After the expiry of the said period of 60 days the Developer shall be absolved of every responsibility for giving possession and caretaking of demised Apartment and Car-port.

 

8.5 That the Land-owners and the Developer cease to have any connection with or responsibility for the Project or for any Apartment and Car-port thereof after completion of construction and handing over possession, whichever is later, of all the Apartment and Car-ports to his respective owners who shall be, thenceforth, jointly responsible for the use, occupation and maintenance of the Project as a whole and his respective premises including the operation, maintenance, repairs and replacement of the water lifting motors, pumps, water reservoirs, sewerage mains, electric mains, electric lines and installations, drains culverts, internal road and passages and other facilities, services and amenities.

 

 

9.0 Transferability

That the 2nd Party may transfer the Apartment,Car-port and share of ProjectLand allotted to him/her/them on acceptance of the developer before getting formal delivery of possession thereof and in default thereof.


10.0 Developer’s Liberty

That the Developer shall have a free hand in the construction of the Project including 2nd Party’s Apartment, Car-port and proportionate common facilities as integral parts thereoftogether with powers to make such minor alterations in the Plan/Designs and Specifications as may be deemed necessary and/or indispensable by the Developer and neither the 2nd Party nor the Land-Owners shall ever interfere with any such decisions, works, acts, deeds and things of the Developer without its consent except as otherwise be provided herein.

 

11.0 Mutual Obligations

That its shall be the bounded duty of the Land-owners and the 2nd Party to accord whole-hearted co-operation to Developer in all lawful acts, deeds and things of or relating to the implementation of the Project and performance of this deal and of the Developer construct and deliver possession of the Apartment and Car-portswith common facilities to the former according to his respective entitlement in performance of the terms of this deal within the time-schedule specified therefore as far as practicable.    

 

12.0 Apartment Owner’s status

That without prejudice to any other provision of this instrument, the rights & status of the Apartment Owner’s interest, including the Land-owners and the 2nd Party, in respect of and in relation to his respective Apartment(s), Car-port (s), shares in common facilities shall be equal and pari passu and shares in project land will be in proportion of purchase of apartment space and common spaces.


 

13.0 Apartment Owners association

The 2nd party will be bound to be a member of the apartment Owners Association as formed by the developer initially. The name of the apartment owners association will be “NIBASH JOTSNA Apartment Owners Association” i.e. “NJAOA” in short. The 2nd party must abide by the rules and regulation of the proposed association and its articles of memorandum and association. The 1nd party must deposit Taka 25,000/- as member ship fee in favor of the developer before taking over the possession from the developer. The developer shall hand over the total member ship amount in favor of the proposed association after formation of NJAOA.


 

14.0 Infallible terms of user


14.1  That the Land-owners undertake and the 2nd Party agrees to possess, Occupy, maintain, use and enjoy his respectiveApartment and Car-ports and common facilities in association with the owners of otherApartment and Car-ports r of the Project.

 
14.2  That, he shall be a member of an Association, named Nibash Jotsna Apartment Owners’ Association”, of all the Apartment Owners of the Project under a Committee of management thereof for purposes of the properadministration and managementof the affairs of the Project including maintenance, security, payment of rents, taxes & charges and enjoyment of common facilities by all owners on an equal and/or equitable footing. The common facilities for the Apartment Owners shall be, amongst other, the common corridors, lobbies, stairs and landings, common adjunct, fixtures, fitting, open space, the internal roads for entry & exit, passage, driveways, yards, drains, sewerage mains, sewer, water lifting motors and pumps, water reservoirs, electricity and gas connecting etc of the Project.

 

14.3  That in constituting and running of the said Association, the best norms of democratic methodology shall be strictly adhered to.

 

14.4 That no Apartment Owner shall have any liberty to keep off, withdraw or resign from the membership of the Association at any time during the subsistence of his/her/their ownership of an Apartment in the Project.

 
14.5 That the Association shall have a Reserve Fund to be contributed equally by all the owners of the Apartment  of the Project in order to defray the expenses of day to day working of the Association.

 
14.6 That the use, occupation and enjoyment of the Apartment of the Project shall be subject to the following restrictions:-

 
(a) The 2nd Party shall not use the demised Apartment for any purpose other than residential purpose nor shall he use the demised Apartment in such manner as may cause or is likely to cause nuisance or annoyance to the owners of other   Apartments.

 
(b) The 2nd Party shall not demolish or damage the demised Apartment nor shall make any structural alteration or raise any construction of any kind as an addition to or modification of the basic structure of demised Apartment.

(c) The 2nd Party shall not let out or transfer his Apartment to any person of ignoble conduct or social standing.

 
(d) The 2nd Party shall not use his Apartment for any illegal or immoral purposes or purposes harmful or prejudicial to good order and discipline.

 
(e) The 2nd Party shall not keep any domestic animal, such as dogs, cats, cows, goats or domestic birds like hens, ducks etc. in the apartment or within the premises.

 
(f) The 2nd Party shall not use or permit the use of the demised Apartment in a manner which might diminish the value of the Apartment(s), Carports and utilities.

 
(g) The 2nd Party shall not stock or display any materials in the corridors or in any place intended for common use of all the owners or occupiers of the apartment.

 
(h) The 2nd Party shall not display any business signboard, advertisement board or design, in any part of the demised Apartment.

 

14.7 That the 2nd Party who has been allotted a parking space as demarcated shall use such space as under:

 

(a) That in order to keep the allotted parking space in good condition and for allowing free circulation of air and light, the parking space shall be used only for the purpose of parking the allotter’s own motor car or motor cycle  or paddle cycle and for no other purpose.

(b) hat no side walls in the parking space shall be raised nor shall they be altered or modified in any manner.

(c) That no extra-roof or covering of any kind shall be made on the parking space.

(d) That notwithstanding anything contained elsewhere in this Agreement, the roofs of the building shall be used only for the purpose of providing water reservoirs and cloth drying area subject to decision of the Apartment Owners Association NJAOA.

 

15.0 Breach & Rescission

That the 2nd Party shall not be entitled to rescind or cause any breach of this Agreement, except on account of insolvency or inability to pay for Apartment concerned, without being liable to make instant payments to the Developer  reasonable compensation for loss of business and good-will in addition to payments against the completed works of the project as per market value or cost-estimate thereof, whichever is higher, unless the Developer becomes, according to latter’s own judgment, incapable of implementing the Project.

 

16.0 Compensation  

That in the event of doing or causing to be done such acts, deeds and things of omission or commission by any of the parties hereto as shall result in sufferance of loss and injury by the other, the party suffering shall be entitled to demand and realize adequate amends therefore from the party at default and, if the party suffering be the Developer, to resign the Agreement in addition to demanding and receiving compensation.

 

17.0 Time & Force Majeure


17.1 That the Developer shall complete the project within May 2011 from the date of commencing construction of the Project i.e. October 2009 to May 2011 and that, without prejudice to the specific provisions herein contained, "Time" shall be the essence of the contract unless the Developer be prevented from implementing the project within specified time by Force Majeure including but not limited to fire, storm, flood, earth quake, explosion, accident, military operation, war, rebellion, riot, wreck, epidemic, regulations and any laws, regulations or other Govt. Actions and situation beyond its control and/or the parties hereto mutually decide in writing for any reasonable cause or excuses to extend the time for any further specified period.

 

17.2 If for any reason of act of God including but not limited to fire, storm, flood, earthquake, explosion, accident, military operations, war, rebellion, riot, wreck, epidemic, regulations and any laws, regulations or other government actions and situations beyond its control, it does not become possible to process with building project and to complete the construction of the demised apartment, the Developer shall inform the 2nd Party whereupon the parties hereto shall by mutual discussion and consent make such additional provision as may be necessary to protect the interest of the parties.  

 

 

 

18.0 Agreement with other than 2nd Party

That this Agreement shall in no way debar or restrict the Developer in entering into similar agreements or deals with intending 2nd Party for other Apartments/Car-ports of the Project and also for the Apartment/Car-port allotted to the 2nd Party above named in the event of cancellation or termination of this deal.

 

19.0  Omission Coverage


 

That if there are or appear to be anything concerning this deal as omitted or not specifically or by necessary implication visualized and covered, the parties hereto shall mutually determine it so as to be concomitant to the intents and the parties hereto.

 

20.0 Dispute & Arbitration


That in the event of any dispute or difference arising between the parties hereto, the same shall be referred to arbitrators appointed in a manner hereinafter provided. The party raising the dispute shall serve a notice upon the other party advising that a dispute or difference has arisen and nominate in that notice its own arbitrator. The party receiving the notice shall, within 30(thirty) days after receiving such notice, nominates its arbitrator by advising the party raising the dispute and the name of the arbitrator appointed by the other party. The arbitrators so appointed shall appoint an umpire if necessary, in terms of the rules and meaning of Arbitration Act (Act X of 2001). The award of the arbitrators or umpire as the case may be, shall be final, conclusive and binding upon the parties hereto. Arbitration proceedings shall be conducted in accordance with the rules and meaning of Arbitration Act (Act X of 2001) and its statutory modification or re-enactment thereof in force from time to time. The venue of arbitration shall be decided by the arbitrators having regard to costs and convenience of the parties.

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SCHEDULE

SCHEDULE-A

All that piece and parcel of land measuring 7.32 decimals (Seven Point Three Two decimals) or thereto situated in the District- Dhaka, Police Station-Badda, Sub Registry Office- Shabek Gulshan at present Badda, Under Dhaka Collectorate Touzi, JL. No.CS-291, SA-124, RS-38, DhakaCity Survey -22, Mouza at Badda, Khatian No. CS-383, SA-1208, RS-974, DhakaCity Survey Khatain No.DP-16049, Plot No.CS & SA-1026, RS-2045, DhakaCity Survey Plot No.11356, Mutation Khatian No. 8575, Jote No. 117/29 Plot No. 2045

On the North : Land of Dag No. 772 & 774

On the South : Pakka Road of City Corporation.

On the East : Mr. Mehdi Hasan

On the West : Mr. Osman Gani.

SCHEDULE-B

All that piece and parcel of 0.78382 ( zero point seven eight three eight two ) Katha or 1.2933 Decimal undivided and un remarketed indivisible notional share of measuring 7.32 decimals (Seven Point Three Two decimals) land of District- Dhaka, Police Station-Badda, Sub Registry Office- Shabek Gulshan at present Badda, Under Dhaka Collectorate Touzi, JL. No.CS-291, SA-124, RS-38, DhakaCity Survey -22, Mouza at Badda, Khatian No. CS-383, SA-1208, RS-974, DhakaCity Survey Khatain No.DP-16049, Plot No.CS & SA-1026, RS-2045, DhakaCity Survey Plot No.11356, Mutation Khatian No. 8575, Jote No. 117/29 Plot No. 2045, and another Mutation Khatian No .8575, Jote No. 117/29, Plot No. 2045.

SCHEDULE-C

An apartment to be constructed by the Developer for the 2nd Party at his own cost on the aforesaid undivided and un-demarcated portion of land which would be numbered and identified as follows:-

Apartment No. 1A and 1B of the 1stFloor of being 2300.00 sft Floor Space in total including Common Space (To be settle on actual Final Measurement of floor space and common space in roof top, ground floor and stairs) having Six bedrooms, Six bathrooms, Two kitchen, Two living, Two dining, four verandahs, one car parking space and other amenities as per plan approved by Rajdhani Unnayan Katripakkha of Bangladesh.

IN THE WITNESS WHEREOF the parties hereto, having read and understood the impart and significance of this deed in letter and spirit, do hereby set his respective hands hereunder in execution of this deed on the day, month and year first written above.

Witnesses: Signature of the Party of the First Part


1.
2. Signature of the Party of the Second Part ANNEXURE I

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STRUCTURAL & GENERAL ENGINEERING FEATURES

· Building will be planned and designed by professional Architects and structural design Engineers.

· Structural design parameters will be based of American Concrete Institute (ACI) and American Standards of Testing Materials (ASTM) code & BNBC code.

· All construction tools like mixer machine, vibromax, roof hoist, tower hoist, rod cutter, level machine, Theodolite, construction hand tools, etc. to be arranged by the Developer.

· Building will be comprised of reinforced cement concrete (R.C.C) foundation, column, beam and slab with stone/brick chips considering resistance to earthquake up to 7.5 MM scale and wind effect up to 200 Km per hour with modern design concept.

· Comprehensive checking and testing of all steel reinforcement will be conducted by professional design and supervising engineers.

· Emphasis will be given to maximize the daylight and outside view.

01. MAIN FEATURE OF THE COMPLEX

1.1 Internal Specification of Apartments:

Bed Rooms: Apartments will consist of Six bedrooms – Two Master bed, Two Second bed & Two Guest bed.

Toilets: Six toilets - Two attached, Two Common and Two Servants.

Others: two kitchen Two dining cum Living & Four Verandahs if possible.

1.2 Bathrooms

o RAK/BISF standard fittings and fixtures.

o Glazed tiles in bathrooms up to ceiling height (RAK/Fu Wang/MIR).

o All bathrooms with homogeneous floor tiles (RAK/Fu Wang/MIR).

o Standard size mirrors in bathrooms with overhead lamps.

o Enamel paint on walls and ceiling to prevent dirt and dampness.

o Cabinet basin in Master bath with Tile top.

o Inner side laminated waterproof Gamari door.

o Concealed water lines in all bathrooms.

o Tiles in floor and walls of maid's bathroom with long pan, low down and shower (MR/CBC/RAK) ( in case)

o Nicely arranged bathroom fittings and fixtures.

o Essentially correct uniform floor sloped toward water outlet.

o Wash Basin with mirror in Dining Space with wall tiles as required. (Two in case of consideration of two units)

1.3 Floors

Tiles in floor (RAK/Fu WANG)
Grey mosaic in maid's room. (in case)
Tiles in stair and lobby (Fu Wang/RAK).

1.4 Electrical

Foreign electrical switches, circuit breakers, plug points and other fittings (MK Type-Singapore/TCL/Equivalent).
Light fixture in stair and lobby (Swash/Crecent/Equivalent).
Independent electric meter in each apartment.
Electrical distribution box with Main Switch.
Concealed electrical wiring (BRB/Paradise Cables).
All power outlets with earthling connection.
Provision for air conditioner in master bed, second bed and living area.
Eight Emergency points in each floor i.e. four points apartment.
Emergency power in lift, lobby, intercom service, common spaces like car parking, reception area, security room and main gate.
Concealed fan hook.

1.5 Doors & Windows

o Solid Teak (Chittagong Teak) Decorative main Entrance Door and door frames with :-

- Door Chain

- Check Viewer

- Solid Brass Door Knocker

- Apartment No. on Brass

- Doors handle with security Lock.

o All Doors with good quality Mortise Locks and Bronzed Aluminum fittings.

o Sliding windows with 5 mm Tinted Glass completed with mohair lining and Rainwater Barrier in 4 inches Bronze Aluminum Section with the provision of fly proofing net (BTA).

o Good quality locks in windows.

o Internal Doors are of strong and durable Chapalish Flush door Shutters with French polish.

o All internal Door frames are made of Shilkarai/Chickrasi as per seasonal availability.

o Grills (7.5 mm thick MS flat bar) with matching color Enamel paint (Berger/Equivalent) and Aluminum Section in all windows.

1.6 Walls

Outside walls are plastered 5" & 10" Standard Brickwork.
All interior walls are also plastered 5" Brickwork.
Roof top parapet wall.

1.7 Kitchen

Tiles (RAK/Fu Wang/MIR) in Kitchen floor.
Suitable located Exhaust fan (Chinese/Taiwan).
One high polished Counter Top Steel Sink with Mixer.
A 2.5 feet band of wall tiles running on walls along the sink & gas cooler (RAK/Fu Wang/MIR).
Concrete shelf at 2.5 feet heights from floor level with Tile work Top.
Provision for Double burner Gas outlet.
Concealed Hot and Cold water lines.
Kitchen Cabinet in the kitchen made of Melamine Board (Local Made)

1.8 Painting & Polishing

Super Aclose paint on outside walls (Berger/Asian/Elite).
Smooth finished and soft colored plastic paint on all internal walls & ceilings (Berger/Asian/Elite).
Enamel Paint on the ceiling color as matched with Bathroom Tiles (Berger/Asian/Elite).
French polished Door frames & Shutters.
Veranda railing according to the design of perspective.

1.9 Utility Lines (Water & Gas)

Two best quality water pumps (one standby) (Pedrollo/Saer/Equivalent)
Concealed water lines.
Water reservoir designed to hold two day's water supply with additional half day in the roof top tank.
Titas Gas approved concealed Gas line layout design.
Concealed Gas and lines.
Gas pipe line connection from Titas Gas Distribution System as per total calculated consumption with adequate safety measures.
Approved quality Titas Gas materials (Titas Gas supplied).
Individual Gas meter for each apartment (Titas Gas supplied).
Water meter for apartments [ (WASA supplied) (Subject to availability]

N.B.: In case of non availability of the materials mentioned in the proposal equivalent materials in terms of quality and price available in the market will be used.

02. COMMON FACILITIES OF THE COMPLEX

Apartment Layouts The total layout will be thoughtfully arranged to maximize advantages especially in relation to the day light and the cross ventilation throughout. Privacy will be emphasized by spreading the layout from end to end. The master and the second bedroom have been located away from the guest areas.

Apartment Foyer An elegant entrance door opens to a stylish foyer.

Apartment foyer will be designed to maintain privacy with the unknown guests.

Optional Features Various interior designing & additional fittings and fixtures as per choice of clients may be arranged at cost basis after the approval of the company.


Building Entrance

Secured decorative (SS/MS mixed) gate with lamp as per the elevation & perspective of the building.
Attractive brass plate/chrome plate Apartment Logos in marlble /granite base.
Comfortable internal driveway made of concrete with related design pavement block/tiles (Mirpur Ceramic/Equivalent).
Reserved Car Parking with non-skid finished.
Protected and covered car parks.
Separate Mailbox.
Guard post.
Separate Toilet for visitors.
Provision for CCTV security systems.

Reception Lobby

· Reception desk with intercom set. (Panasonic / Komex).

· Homogenous tiles floor in reception area.

· Intercom system for the apartment.

· Stair / Lobby shall be specious.

· Light fittings matching to ceiling.

Lift, Lobbies & Staircases

Spacious lift lobby in each floor.
Homogenous floor tiles in all lift-lobbies and staircase with proper lighting system. (RAK/Equivalent).
Homogenous stair tiles in staircase (RAK/Equivalent).
Lift

01 (one) International Standard Lifts (LG/Hyundai/Equivalent).
Adequate Lighting.
06 (Six) persons Capacity.
Fast & reliable service to residents on all floors.
Decent look cabin.
Roof Top

Roof top garden.
Community Space with toilet and kitchen and prayer facilities.
Clothe drying area.
Playable open space for the Children.

03. GENERAL AMENITIES


Sub-station

Transformer: Rating as per requirement, (ENERGY PAC /AEG/equivalent-Origin Assembled in Bangladesh, Component from Germany, Spain, Japan)

PFI: As per requirement of total load.

Generator: One residential canopy (soundproof) diesel generator for operating in case of power failure of-

04 (Four) points in each apartment as follows:

· One fan point and one light point in Master bedrooms.

· One light point in kitchen.

· One Light point in dinning.

Emergency power in Lift, Staircase, Pumps, Lobby, Intercom Service, Common Spaces like Car-Parking spaces, Reception area, Security room and Main gate.

Specification of Generator

Engine : Perkins/Equivalent

Alteration : New age Stamford/Leroy Somer.

Rating : As per calculated requirement.

Brand : F.G-Wilson, UK/Dale/Forest city/Equivalent

Origin : As per.

Capacity : As per requirement.


Utility Connections

Water line connection from WASA.
Individual Double Burner Gas connection.
220/440V power connection.
Individual DESA meter for each apartment.
Other inclusions

Engineering treatment in rooftop to protect from overheating.
Parapet wall of adequate height in rooftop.
Under ground and roof top water reservoir for 2 days water storage.
Good quality water pumps (Pedrolo/SAER/equivalent)
Standby water pumps for emergency. (Pedrolo/SAER/Equivalent)
Generator of adequate capacity with soundproof canopy (FG-Willson, UK/SDMO, France/Equivalent). (Cap. ….. KVA approx.)
Fire extinguisher in each floor landing.

Security Arrangement

Guard post with intercom connection for 24 hours security.
Grill in all sides of the Complex to protect entry & exit.
Supervision room.
Guard Room with kitchen facilities.
Toilets for drivers & Association Staff.
Management Office: Homogenous tiles (RAK/Equivalent).

source: hubpages.com

                

-----The End-----

[BRE SALAM SONY]

# Do not sign any document (Deed of Agreement or Application with Terms & Conditions): Not even when you are paying booking money, but don't forget to take your money receipt. You'll thank me for this. Do not sign a blank cheque.
# Do not make any payment(down payment or installment) before signing the Deed of Agreement. Ask for a draft Deed of Agreement with their official offer. Let your sales officer(agent) know that you'll need some time to go through the draft agreement. He'll work best for you if you do not pay the booking money. Remember, "the more you pay, the more you loose control and the more developer gain control". Getting money back is not an easy task.
# Take your time, consult with someone best on it, make sure you understand each and every line & word of the draft. Specially when the sentences are long(it can be intentional & trap). Give enough attention to the following key issues:

    * Legal Description of the property: Make sure it explains the location, size, and the right to the land, common space and infrastructure.
    * Principle of all agreements: Put someting like, "Purchasers are the owner of the property. If any clause or sub-clause conflicts with the principle will be null and void".
    * Sole Owner: The Developer (seller) herein warrants that it is the sole owner of the said real estate with a full right and authority to sell or dispose or transfer the rights on roads, open space and utility infrastructure in the Building/City including the said apartment to the Purchaser and that no other person or persons or authority whatsoever have any claim, right, title, interest, or lien in, to or on said real estate.
    * Price: No where in the agreement it is allowed to escalate the price(except if you want) for any future events.
    * Payment Schedule:: Negotiate dates considering your arrangement. Mind the payment delay (default) compensation condition.
    * Compensation for delay of Handover/delivery: Consider your bank loan and other losses and condition of the compensation for delay payment. e.g: Whatever said in other clauses, y% per month on the total amount paid. Be attentive about the term grace period, do not allow it, or try to keep it as minimum as possible.
    * Management Agreement: The principal of the agreement must be "The purchasers are the owner of the Building/City" and have full authority to manage it, and all sorts of charges including utility & maintenance are the costs only and the costs are verifiable.
    * Documents, part of agreement: Include the Layout, plan, specification and land measurement approved by Government authority(e.g:RAJUK) where property for other purchasers including future purchasers are mentioned.
    * Delivery(Handover) Date: There must be an end, even after a grace period.
    * Refund: If surrendered by purchaser or canceled by Developer or project is abandoned: To make it balanced for all, all three options may follow the same condition. e.g: x% on the total amount paid.
          o Compensation clause for delay of refund:Can be same as compensation for delay of handover or delay of payment. e.g: whatever said in other clauses, y% per month on the balance amount.


Be careful about following conditions in any application or agreement or document you sign:

    * Delay in payment beyond the due dates will entail delay payment at the rate of x% per month on the amount of payment that is delayed.
    * In case of surrender of allotment by buyer or cancellation of an allotment by the Developer due to default in payment of installments by the buyer/purchaser or any other reason, the amount paid to the Developer shall be refunded after deducting x% of the total price only after resale of the apartment in question.
    * If the completion period of the project is affected by unavoidable circumstances like natural calamities, political disturbances, non-availability and price hike of materials, non-payment of installment in time by the buyers and any other force majeure circumstances, the buyer will not be entitle to any compensation.
    * If, for any reason beyond the control of the company, the project is abandoned, the company will refund the paid amount to the allottee. In such eventuality, the allottee will not be entitled to any compensation or damage whatsoever.
    * The buyer has to take written permission from company before carrying out any modification work.
    * You've no guarantee of the quality of the materials will be used for your apartment. No practical mechanism exist here in this trade. You may try the developer for this.


Handover of Flat/Apartment:

    * The handover date may (will) change dozen times and delay of months or couple of years is often unavoidable.
    * Example: A project worth Taka 10 crore. Delay of 3 months will allow earning by Developer an amount of Taka 24 lacs considering bank interest rate 10% only.
    * Allow conditional payment of a good percentage of total price with the handover of the flat/apartment/property.
    * Consider time before actual handover and bank interest on the money you'll pay before taking over the flat/apartment/property from the develope