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Delhi Development Authority Residential Project Commonwealth Games, 2010 Village

REQUEST FOR PROPOSAL

Residential Project Commonwealth Games, 2010 Village

TABLE OF CONTENTS

Serial No.

Page

Disclaimer Abbreviations Definitions

2 3 4-5

Section Request for Proposal I II III IV V VI Introduction Instructions to Bidders Evaluation of Proposals Description of Residential Project Sale of Residential Apartments Use of Residential Facility during Commonwealth Games, 2010 6 7-9 10-24 25-26 27-32 33 34

Annex 1 2 3 4 5 6 7 8 9 10 Project Site Map, Initial Conceptual Design and Unit Design Project Controls, Specifications and Requirements Project Milestones Format for Power Of Attorney for Signing Of Proposal Format for Proposal Format for Anti-Collusion Certificate Format for Performance Security Format for Project Undertaking Furnishings to be provided in the Mock Unit Format for Project Development Agreement 35 36-52 53-54 55 56-59 60 61-62 63 64 65-97

Request for Proposal Document

Residential Project Commonwealth Games, 2010 Village

DISCLAIMER This Request for Proposal (RFP) is issued by the Delhi Development Authority (DDA). The RFP is not a prospectus or offer on invitation to the public in relation to the sale of shares, debentures or securities, nor shall this RFP or any part of it form the basis of or be relied upon in any way in connection with, any contract relating to any shares, debentures or securities. In considering an investment, if any, in the proposed Project, each recipient of this RFP document should make its own independent assessment and seek its own professional, technical, financial and legal advice. Whilst the information in this RFP has been prepared in good faith, it is not and does not purport to be comprehensive or to have been independently verified. Neither DDA, nor any of its officers or employees, nor any of their advisers nor consultants accept any liability or responsibility for the accuracy, reasonableness or completeness of, or for any errors, omissions or misstatements, negligent or otherwise, relating to the proposed Project, or makes any representation or warranty, express or implied, with respect to the information contained in this RFP or on which this RFP is based or with respect to any written or oral information made or to be made available to any of the recipients or their professional advisers and, so far as permitted by law and except in the case of fraudulent misrepresentation by the party concerned, and liability therefore is hereby expressly disclaimed. The information contained in this RFP is selective and is subject to updating, expansion, revision and amendment at the sole discretion of DDA. It does not, and does not purport to, contain all the information that a recipient may require for the purposes for making a decision for participation in this process. Neither DDA nor any of its officers, employees nor any of its advisors nor consultants undertakes to provide any Pre-qualified Party with access to any additional information or to update the information in this RFP or to correct any inaccuracies therein which may become apparent. Each Pre-qualified Party must conduct its own analysis of the information contained in this RFP, to correct any inaccuracies therein and is advised to carryout its own investigation into the proposed Project, the regulatory regime which applies thereto and by and all matters pertinent to the Project and to seek its own professional advice on the legal, financial, regulatory and taxation consequences of entering into any agreement or arrangement relating to the Project. This RFP includes certain statements, estimates, projections, targets and forecasts with respect to the Project. Such statements estimates, projections, targets and forecasts reflect various assumptions made by the management, officers and employees of DDA, which assumptions (and the base information on which they are made) may or may not prove to be correct. No representation or warranty is given as to the reasonableness of forecasts or the assumptions on which they may be based and nothing in this RFP is, or should be relief on as, a promise, representation or warranty.

Request for Proposal Document

Residential Project Commonwealth Games, 2010 Village

ABBREVIATIONS CGF DDA MoU OC RFP RFQ Commonwealth Games Federation Delhi Development Authority Memorandum of Understanding Organizing Committee Request for Proposal Request for Qualification

Request for Proposal Document

Residential Project Commonwealth Games, 2010 Village

DEFINITIONS Bedroom Bidder Bid Security Working Day Common Facilities Consortium Defects Liability Period Earnest Money Deposit Final Technical Project Requirements Independent Engineer Games Games Period Letter of Intent Letter of Invitation Minimum Technical Project Requirements Mock Unit Monitoring Committee Organization Organizing Committee Pre-qualified Party Shall have the same meaning as ascribed to such term in Annex 2, Section B hereof. Shall have the meaning as ascribed to such term in Clause 5 hereof. Sum as specified in Section II, Clause 2.14 hereof to be deposited by all the Bidders along with the Proposal being submitted by the Bidders. Any day of the week when DDA is fully functional. Shall include facilities mentioned under Annex 2, Section A, Clause 11 and Annex 2, Section H hereof. A group of Organizations, as defined below, formed by a MoU to undertake the Project in connection with the Commonwealth Games, 2010 Village. Shall have the meaning as ascribed to such term in Clause 2.40 hereof. Sum equivalent to 25% of the quoted Upfront Bid Amount, after adjusting the Bid Security amount, to be deposited only by the Bidders, who are given technical qualification by DDA as provided in Clause 3.1.2 hereof. Shall have the same meaning as ascribed to such term in Clause 4.2.2 hereof.

Shall have the meaning as ascribed to such term in Clause 2.43 hereof. The Commonwealth Games, 2010 which will be held in Delhi in the year 2010. Shall have the same meaning as ascribed to such term in Clause 6.1 hereof. Shall have the same meaning as ascribed to such term in Clause 1.2.8 hereof. Letter issued by DDA to all the Pre-qualified Parties inviting Proposals as per the terms and conditions laid down in this RFP document. Shall have the same meaning as ascribed to such term in Clause 4.2.1 hereof. Shall have the same meaning as ascribed to such term in Clause 4.2.3 hereof. Shall have the same meaning as ascribed to such term in Clause 2.43 hereof. A company registered under the Companies Act, 1956, or with respect to a company incorporated outside India a Company which if incorporated in India would be a company as defined by the Companies Act, 1956. The body entrusted with the task of management of the Commonwealth Games, 2010. Party short-listed by DDA pursuant to the evaluation of their RFQ Application in response to the RFQ document issued by DDA under the Project for participation in the bidding process commencing from the issuance of this RFP document. Complete construction and development of the ready-to-use Residential Facility at the Project Site under a public private partnership model wherein the Project Developer pays an upfront bid amount to DDA and DDA transfers the land underneath the 50% of the developed Residential Apartments for onward transfer to the individual buyers by the Project Developer. Shall have the same meaning as ascribed to such term in Clause 4.5.1 hereof.
Request for Proposal Document

Project

Project

Residential Project Commonwealth Games, 2010 Village

Completion Date Project Developer Project Development Agreement Project Milestones Project Site

The successful Bidder selected by DDA for implementing the Project pursuant to the 2-stage bidding process. The principle contract between DDA and the successful Bidder, a copy of which is provided in Annex 10 of this RFP document. Shall have the same meaning as ascribed to such term in Clause 4.4 hereof.

Shall have the same meaning as ascribed to such term in Clause 4.1 hereof. Technical proposal and Financial bid submitted by the pre-qualified bidders in Proposal response to this RFP document. Reserve Price Minimum amount of financial bid which the Project Developer shall submit All types of Units as per specifications given under Annex 2 and includes all Residential associated facilities/ amenities with the Unit, like parking, kitchen garden. It Apartments further includes rights to use the Common Facilities. Residential All Units, building blocks and Common Facilities at the Project Site. Facility Residents Welfare Shall have the same meaning as ascribed to such term in Clause 4.8 hereof. Association Shall have the same meaning as ascribed to such term in Annex 2, Section B Unit hereof.

Request for Proposal Document

Residential Project Commonwealth Games, 2010 Village

REQUEST FOR PROPOSAL Delhi Development Authority Residential Facility Commonwealth Games, 2010 Village 1. The Delhi Development Authority (DDA) invites Proposals from the Pre-qualified Parties interested in implementing the Project. The scope of work involved in implementing the Project, inter-alia, includes complete construction and development of the ready-to-use Residential Facility on the Project Site under a Public Private Partnership model wherein both DDA and the successful Bidder (the Project Developer) have the following roles and responsibilities to fulfil. The Project Developer would be liable to pay to DDA an upfront bid amount. DDA will transfer the land underneath the 50% of the developed Residential Apartments to the Project Developer for onward transfer to the individual buyers by the Project Developer, in accordance with the terms, conditions and covenants in this RFP document, the Project Development Agreement and the Conveyance Deed provided by DDA. The RFP document is available on the DDA website (http://www.dda.org.in), for the Prequalified Parties to download, as per schedule specified under the Schedule for the RFP Process specified in Section I, Clause 1.3. This RFP document contains information about the Proposal requirements and Project Developer selection process. All Proposal submissions would be evaluated in terms of financial and technical capability of the Bidders. All Pre-qualified Parties participating in the bidding process pursuant to and in accordance with the terms of the RFP shall hereinafter be referred to as Bidders. The principle contract between DDA and the Project Developer will be the Project Development Agreement, a copy of which is provided in Annex 10 of this RFP document. DDA shall not be responsible for any delay in receiving the Proposals and reserves the right to accept/ reject any or all Proposals without assigning any reason thereof. The Proposal submission must clearly state Proposal for Residential Project Commonwealth Games, 2010 Village. All copies of every Proposal must be submitted in a hard bound form (loose form, spiral bound etc. will be not accepted) with all pages numbered serially, along with an index of submissions. Bidders are required to submit all details in the manner and form as specified in this RFP document. In the event any of the instructions mentioned herein have not been adhered to, DDA reserves the right to reject the Proposal. An indicative check-list of documents to be submitted with the Proposal is given in Section II, Clause 2.11.2. Proposal submissions must be received as per schedule specified under the Schedule for the RFP Process specified in Section I, Clause 1.3, in the manner specified in the RFP document.

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Request for Proposal Document

Residential Project Commonwealth Games, 2010 Village

SECTION I 1.1 1.1.1 Project Background

INTRODUCTION

DDA, the first development authority in India was constituted in 1957 under the provisions of the Delhi Development Act, 1957 to promote and secure the development of Delhi. DDA is an autonomous body under the Ministry of Urban Development, Government of India. DDA has been assigned the role of development of the Village (as defined hereinafter) for the Commonwealth Games, 2010. A plot of land, under DDAs ownership and possession, along the east bank of the River Yamuna in Delhi has been earmarked for the purpose of development of the Commonwealth Games, 2010 Village (the Village). The aforementioned plot is off National Highway 24, adjacent to the Akshardham temple at NOIDA crossing, as described in greater detail in Annex 1. The planned area allocation for the Village is as follows: a. Project Site for Residential Facility (approx. 11 hectares); b. Approximate area of 5.5 hectares for Hotels use; c. Land for Public / Semi-Public use (approx. 21 hectares); d. Balance land for Green buffer/ Recreational use DDAs objective towards the satisfactory fulfilment of its role as an implementation agency for the Village is to develop landmark infrastructure in a timely manner. DDA has decided to develop a Residential Facility in the Village through a public private partnership model. This Residential Facility would be used by the Organizing Committee for Commonwealth Games, 2010 for the Games Period, as defined in Section VI, Clause 6.1. The Games are intended to be held during October 2010. Therefore, DDA is issuing the Request for Proposal (RFP) document, to seek Proposals in the format given in Annex 4-8 from pre-qualified Parties based on which a Project Developer will be selected for implementing the Project. Brief outline of the RFP Process Under the Qualification Stage, DDA announced a shortlist of Pre-qualified Parties for the subsequent stage (the Proposal Stage), who are now invited to submit detailed proposals (the Proposal) in accordance with the terms of this RFP. Each Bidder is allowed to submit only 1 (one) Proposal. In case a Bidder submits more than 1 Proposal on its own or as a member of a Consortium, all the Proposals submitted by the Bidder, or which the Bidder is a member of, shall be rejected. The Bidders in the Proposal Stage will be evaluated on the basis of technical and the financial bids, details of which are provided in this RFP document. The Bidders are required to provide a Bid Security of Rs.10,00,00,000 (Rupees Ten Crores only) along with their Proposal by way of a crossed demand draft drawn in favor of Delhi Development Authority, payable on any scheduled bank at New Delhi. Other details on Bid Security are provided in Section II, Clause 2.14 of this RFP document.
Request for Proposal Document

1.1.2

1.1.3

1.1.4

1.1.5

1.1.6

1.2 1.2.1

1.2.2

1.2.3

1.2.4

Residential Project Commonwealth Games, 2010 Village

1.2.5

The Bidders are expected to examine the Project in further detail, and to carry out such studies as may be required to submit Proposals for the implementation of the Project. As part of this RFP document, DDA has provided detailed instructions for Bidders and a Project Development Agreement and other information pertaining/ relevant to the Project as deemed fit by DDA. In order to promote consistency among Proposals and minimize potential misunderstandings regarding how Bidders Proposals will be interpreted by DDA, the format in which Bidders will specify the fundamental aspects of their Proposals has been broadly outlined in this Section III of this RFP. Proposals will undergo a technical and financial evaluation. On the basis of this technical evaluation process, Financial Proposal of only those Bidders who qualify the technical round will be opened. Bidder with the highest Financial Proposal will be called for negotiations, if required. However, no financial negotiations shall be held. DDA will then issue a Letter of Intent to the successful Bidder. If for any reason, DDA is unable to sign the Project Development Agreement with the successful Bidder, the Bidder with the next highest financial bid may, at the option of DDA, be declared successful, in case he matches the financial bid of the highest financial Bidder. The Project Developer will be responsible for topographic survey, design, design verification, financing, procurement, construction, commissioning, operation, and maintenance of the Project facilities at its own risk. The Project Developer shall also obtain necessary finances and clearances and permits from appropriate authorities as might be required for construction, development and operation of the Project in accordance with the laws of India.

1.2.6

1.2.7

1.2.8

1.2.9

1.2.10 DDA reserves the right not to follow-up this RFP and terminate the entire selection process without any obligation to any of the Pre-qualified Parties/ Bidders. 1.3 Schedule for the RFP Process The indicative schedule is as follows: Activity Start of issue of RFP Document Deadline for receipt of any request for clarification with regards to the RFP Pre-Bid Conference Venue: Siri Fort Sports Complex, August Kranti Marg, New Delhi Deadline for Proposal submission Venue: Deputy Director (Residential Land), 3rd Floor, Block C, DDA, Vikas Sadan, INA Market, New Delhi Opening of Proposals received under this RFP Venue: DDA Auction Hall, Vikas Sadan, INA Market, New Date and Time April 24, 2007 May 11, 2007 by 1500 hours May 15, 2007 at 1100 hours

May 25, 2007 by 1500 hours May 25, 2007 at 1630 hours

Request for Proposal Document

Residential Project Commonwealth Games, 2010 Village

Activity Delhi Schedule of Technical Presentations by Bidders Venue: Siri Fort Sports Complex, August Kranti Marg, New Delhi Notification of Technically Qualified Bidders Deadline for submission of Earnest Money Deposit

Date and Time May 26, 2007 to May 27, 2007 from 1100 to 1800 hours June 1, 2007 June 8, 2007 by 1500 hours

Opening of Financial Bid Venue: DDA Auction Hall, Vikas Sadan, INA Market, New Delhi Issue of Letter of Intent to selected Project Developer Deadline for balance payment, equivalent to 75% of the quoted Upfront Amount Deadline for submission of Performance Security

June 8, 2007 at 1530 hours June 11, 2007 July 12, 2007 by 1500 hours July 12, 2007 by 1500 hours

Signing of Project Development Agreement

July 14, 2007 at 1600 hours

Request for Proposal Document

Residential Project Commonwealth Games, 2010 Village

SECTION II A. 2.1 General Rules

INSTRUCTIONS TO BIDDERS

Project Roles and Responsibilities Notwithstanding anything contained in this document, following are the roles and responsibilities of both the parties, DDA and the Project Developer in addition to the roles and responsibilities mentioned elsewhere in this document: a. Project Developers Roles and Responsibilities The Project Developer shall pay an Upfront Payment to DDA as quoted by him in his Financial Proposal. i. The payment shall be divided in the following 3(three) components: Bid Security as specified in Section II, Clause 2.14 shall be required to be paid by the Project Developer along with his Technical Proposal. Earnest Money Deposit, equivalent to 25% of the quoted Upfront Amount (after adjusting the Bid Security) shall be paid, by the technically qualified parties as per Clause 3.1.2, within the timelines mentioned in Section I, Clause 1.3. Balance payment, equivalent of 75% of the quoted Upfront Amount shall be paid by the Project Developer before the date mentioned in Section I, Clause 1.3. Considering this Project being of national importance, no application for extension of this deadline shall be entertained. Payment of this 75% amount shall be a condition precedent to the signing of the Project Development Agreement. In case of failure of the Project Developer to pay this amount, the Bid Security as well as the Earnest Money Deposit will be forfeited by DDA and DDA shall have the right to proceed for this Project with the next highest financial Bidder. ii. All the payments shall be made by way of a crossed demand draft which should be drawn in favor of Delhi Development Authority, payable on any scheduled bank at New Delhi. iii. The Reserve Price for the Upfront Bid Amount is Rs.300,00,00,000/- (Rupees Three Hundred Crores Only). b. DDAs Roles and Responsibilities After the complete development of the Residential Facility by the Project Developer to the satisfaction of DDA and after obtaining completion certificate, DDA shall transfer the land underneath the 50% of the developed Residential Apartments (i.e. 50% of the dwelling units only excluding all other facilities, for eg. commercial, institutional) to be identified for transfer to the Project Developer, for onward transfer to the individual buyers by the Project Developer in accordance with the terms, conditions and covenants contained in this RFP document, the Project Development Agreement and the Conveyance Deed, to be executed by DDA after completion of the Project and post the Games Period. The entire Project Site except the land under 50% of the Residential Apartments, as stated above, will remain vested in DDA free from all encumbrances who may deal with it as it deems fit, without any claim of compensation, cost or expenses of any type from the Project Developer. The Residential Apartments to be made available to the Project Developer by DDA shall be decided in per the following manner: i. Developer shall prepare a mock Unit and get it approved by DDA and Monitoring Committee and finalise the specifications to be used in all the Residential Apartments

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ii. DDA shall allocate the Project Developers 50% share of the Residential Apartments on the basis of lottery drawn by the Monitoring Committee in the presence of representatives of DDA and the Project Developer within 9 months from the date of signing of Project Development Agreement, subject to the achievement of all the Project Milestones in this period. The lottery shall be drawn on the basis of two equal parts of the Residential Apartments, including the Units, underground as well as surface parking (net of common parking for visitors as per Clause 4.10.2), kitchen garden etc., as provided by the Project Developer. 2.2 2.2.1 Eligible Bidders Bidders shall, as part of their Technical Proposal, provide updated information in respect of any information submitted with the Qualification Statement, which has changed, and which should continue to meet the Qualification Criteria set out in the RFQ Document. Bidders shall provide such evidence of their continued eligibility as per the terms of the RFQ Document to the satisfaction of DDA. Bidders may note that all Pre-qualified Parties who were Consortiums would be expected to duly incorporate themselves into a company under the Companies Act, 1956 in terms of the MoU entered into between the members of the Consortium. No Pre-qualified Party which was a Consortium shall be allowed to participate in the bidding process till such time that they incorporate themselves into a duly incorporated company under the Companies Act, 1956. Disqualification Even if a Bidder meets the above criteria, DDA may order disqualification of the Bidder if the Bidder or, in case of a Consortium Bidder, any member(s) of the Consortium has: i. Made misleading or false representations in the forms, statements and attachments submitted; or ii. The Bidder has been blacklisted by any government agency after the submission of RFQ document 2.4 2.4.1 Change in Management / Bidder composition Subject to Clause 2.4.2, no change in the composition of a Bidder will be permitted by DDA during the Proposal Stage. The change in the Consortium members/ management/ shareholding of the Project Developer shall not be allowed without the prior approval in writing of DDA. Proposal Preparation Cost The Bidder shall be responsible for all of the costs associated with the preparation of its Proposal and its participation in the Proposal Stage. DDA will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Proposal Stage.

2.2.2

2.2.3

2.3

2.4.2

2.5

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2.6

Project Inspection and Site Visit It is presumed that each Bidder submits its Proposal after visiting the Project Site and ascertaining for itself the location, surroundings, or any other matter considered relevant by it. The cost of visiting the Project Site shall be borne by the Bidder. DDA shall not be liable for such costs, regardless the outcome of the selection process.

2.7 2.7.1

Right to Accept/ Reject any or all Proposals Notwithstanding anything contained in this RFP, DDA reserves the right to accept or reject any Proposal and to cancel or withdraw the bidding process and reject all Proposals, at any time without any liability or any obligation for such acceptance, rejection or annulment, without assigning any reasons. DDA reserves the right to reject any Proposal, if at any time a material misrepresentation is made or uncovered. This would lead to the disqualification of the Proposal. If the Bidder is a Consortium, then the entire Consortium would be disqualified/ rejected. Giving, offering or promising to give any gift, bribe or inducement, directly or indirectly, or any attempt at any such act by, or on behalf of, the Bidder/ Project Developer towards any officer/ employee of DDA or to any other person in a position to influence any officer/ employee of DDA for showing any favour in relation to this bidding process or award of the Project or any other similar process / contract, shall render the Bidder to such liability/ penalty as DDA may deem proper, including but not limited to disqualification of Bidder, rejection of Proposal, termination of the Project Development Agreement, imposition of penal damages and forfeiture of the Bid Security/ Performance Security. If any disqualification/ rejection or any other event to that effect occurs during the Proposal Stage after the financial bids have been opened and the highest Bidder in terms given in the RFP gets disqualified/ rejected, then DDA reserves the right, and keeping in view the time sensitiveness of the Project, to either a. Invite the next highest Bidder, provided this next highest Bidder matches the price offered by the highest Bidder; or b. Take any measure as may be deemed fit in the sole discretion of DDA including annulment of entire Qualification/ Proposal stage and inviting fresh applications/ Proposals. Clarification request from Bidder A Pre-qualified Party requiring any clarification on the RFP document may notify DDA in writing. In case the clarification request is sent by facsimile or email, subsequently a hard copy of the clarification should also be submitted. DDA may respond to any request for clarification received up to the last date for receipt of clarifications as mentioned in the Schedule for the RFP Process specified in Section I, Clause 1.3. The responses will be put up on the official website of DDA (http://www.dda.org.in) with a description of the enquiry.

2.7.2

2.7.3

2.7.4

2.8

2.9

Pre-Bid Conference

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2.9.1

DDA proposes to hold a Pre-Bid Conference on the date specified in the Section I, Clause 1.3 to discuss the issues related to the Project with the Bidders. DDA at its sole discretion may also hold further discussions with the Bidders to finalise the technical/ commercial parameters and other related issues for the Project, before submission of the Proposals, which would be common for all the Bidders. Prior to the Pre-Bid Conference, the Bidders may submit a list of queries, comments and propose modifications, if any, to the Project requirements and/or the Project Development Agreement. Bidders must formulate their queries/ proposed modifications/ comments and forward the same to DDA before the Last Date for receiving any request for clarification as specified in Section I, Clause 1.3. DDA may amend the RFP based on inputs, provided by prospective Bidders that may be considered acceptable at its sole discretion. DDA, at its discretion, may respond to queries submitted by the Pre-Bid Conference attendees after the date of the Pre-Bid Conference. Such response(s) shall be posted on the DDA website. Bidders may note that DDA will not entertain any deviations to the RFP at the time of submission of the Proposal or thereafter. The Proposal to be submitted by the Bidders will be unconditional and unqualified and the Bidders would be deemed to have accepted the terms and conditions of the RFP with all its contents including the Project Development Agreement and other included parts. Any conditional Proposal or any Proposal without the undertaking that the Bidder unconditionally accepts the Project Development Agreement, as per format given in Annex 10, shall be regarded as nonresponsive and would be rejected. Bidders are required to furnish an undertaking to this effect along with the Proposal as per format given in Annex 8. Attendance of Bidders at the Pre-Bid Conference is not mandatory. No interpretation, revision, or other communication from DDA regarding this RFP is valid unless it is posted by DDA on its official website.

2.9.2

2.9.3

2.9.4

2.9.5 2.9.6

2.10 Amendment of RFP At any time prior to the deadline for submission of Proposal, DDA may, for any reason, whether at its own initiative or in response to clarifications requested by a Prequalified Party, modify the RFP document by the issuance of Corrigendum/ addenda (the Addenda or Addendum as the case may be). Any Corrigendum /Addendum thus issued will be put up on the DDA website (http://www.dda.org.in). In order to afford the Bidders a reasonable time in which to take an Corrigendum/ Addendum into account, or for any other reason, DDA may, at its discretion, extend the due date for submitting the Proposal as provided below, in Clause 2.20 (the Proposal Due Date). B. Preparation and Submission of Proposal

2.11 Technical Proposal and Financial Bid 2.11.1 The Proposal shall consist of two parts: i. Technical Proposal (T-I and T-II) ii. Financial Bid 2.11.2 Documents comprising the Technical Proposal

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The Technical Proposal of the Bidder shall be submitted in two parts namely T-I and TII. The part 1 (T-I) shall contain the documents required for the test of responsiveness and general information of the Bidder. The following documents shall constitute T-I: a. Copy of Letter of Invitation b. Duly completed and signed Annex 5 Section A and Annex 6 c. In case of Consortiums where the Consortium is incorporated after submission of RFQ application, following documents: i. Certificate of Incorporation ii. Certificate of Commencement of Business iii. Memorandum and Articles of Association iv. Shareholders agreement d. Duly completed and signed Annex 4 or board resolution authorizing the person signing the Proposal to sign on behalf of the Individual Bidder or all the Consortium members as the case may be i. In case of individual Bidder, by the Board of Directors of the Bidder and ii.In case of Consortium Bidder, by the Board of Directors of all the Consortium members e. An initialled copy of the Project Development Agreement f. Duly completed and signed Annex 8 as an undertaking for unconditional acceptance of this RFP and the Project Development Agreement as per Annex 10

g. A draft of Rs.10,00,00,000 (Rupees Ten Crores Only) as Bid Security as per Section II, Clause 2.14 Part T-II shall comprise the documents forming the technical Proposal of the Bidder and shall consist of the following documents/ details, as mentioned in Annex 5, Proposal Response Sheet No.1; i. Conceptual Design, including a. Broad Project Development Plan b. Detailed Activity Chart with proposed Milestones c. Environment Compliance Plan d. Area Management Plan e. Indicative Unit Drawings ii. Quality Management Plan, including a. PERT chart b. Corporate Quality Policy Document c. Outline Quality Plan d. Quality, technical specifications and type of materials to be used iii. Project Control System including Work Breakdown Structure iv. Project Team, including a. Architect, including Landscape Architect b. Technical Consultant c. Structural Consultants/ Proof Checking Consultants d. Services Engineer e. Electrical/ Mechanical/ HVAC Consultants f. Plumbing Consultants g. Project Manager v. Enhancements to the Minimum Technical Project Requirements 2.11.3 Documents comprising the Financial Bid

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The Financial Bid of the Bidder shall comprise the document as mentioned in Annex 5, Proposal Response Sheet No. 2. 2.12 Language The Proposal and all related correspondence and documents relating to the Proposal exchanged by the Bidder and DDA, shall be written in the English language. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate English translation. Any material that is submitted in a language other then English and which is not accompanied by an accurate English translation will not be considered. 2.13 Currency The currency for the purpose of the Proposal, including Bid Security/ Performance Security, shall be the Indian Rupee (INR). 2.14 Bid Security 2.14.1 Proposals would need to be accompanied by a Bank Draft of Rs.10,00,00,000/(Rupees Ten Crores Only) to be deposited as Bid Security. The crossed demand draft should be drawn in favor of Delhi Development Authority, payable on any scheduled bank at New Delhi. 2.14.2 The Bid Security of the technically disqualified bidders shall be returned within fifteen (15) days of announcing the list of technically qualified Bidders. For any delay beyond the aforementioned period of fifteen (15) days, DDA would be liable to pay interest at the rate of seven percent (7%) per annum. 2.14.3 DDA will promptly release all Bid Securities in the event DDA decides to terminate the Bidding proceedings or abandon the Project within seven (7) days of such notification. For any delay beyond the aforementioned period of seven (7) days, DDA shall be liable to pay interest at the rate of seven percent (7%) per annum. 2.14.4 DDA shall reject any Proposal, which does not include the Bid Security. 2.14.5 The Bid Security shall be forfeited in the following cases: If the Bidder withdraws its Proposal during the interval between the Proposal Due Date and expiration of the Proposal Validity Period; or In case, the technically qualified Bidder fails to provide the Earnest Money Deposit in accordance with Clause 2.32 within the stipulated time; or If the highest financial Bidder fails to sign the Project Development Agreement within the stipulated time; or As per the provisions of the Project Development Agreement.

2.15 Validity of Proposal Proposals shall be valid for a period of 6 months from the Proposal Due Date (the Proposal Validity Period). DDA reserves the right to reject any Proposal, which does not meet this requirement.

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2.16 Extension of Validity of Proposal In exceptional circumstances, prior to the expiry of the original Proposal Validity Period, DDA may request Bidders to extend the Proposal Validity Period for a specified additional period. 2.17 Format and Signing of Proposal 2.17.1 The Bidder should provide all the information as per this RFP. DDA would evaluate only those Proposals that are received in the required format and are complete in all respect. The Bidder shall prepare one original of the Proposal (including all the documents as required under this RFP) and clearly marked ORIGINAL. In addition, the Bidder shall make 1 (one) copy of the Proposal, clearly marked COPY. In the event of any discrepancy between the original and the copy, the original shall prevail. The Proposal and its copy shall be typed or written in indelible ink and each page shall be initialled by the Bidder. All the alterations, omissions, additions, or any other amendments made to the Proposal shall be initialled by the person(s) signing the Proposal. 2.17.2 All annexes to be submitted as part of the Proposal shall be signed by the person authorized for signing the Proposal. 2.17.3 Power of Attorney or board resolution by the Board of Directors in case of an Individual Bidder, and from Board of Directors of all Consortium members in case of a Consortium Bidder, would be required to be furnished authorizing the person signing the Proposal to sign on behalf of the Individual Bidder or all the Consortium members as the case may be. 2.18 Sealing and Marking of Proposal 2.18.1 The Bidder shall seal the original and copy of the Proposal in separate envelopes, duly marking the envelopes as ORIGINAL and COPY. The envelopes shall then be sealed in an outer envelope. 2.18.2 The outer envelope shall contain: a. b. c. Covering letter stating clearly the validity period of the Proposal as per the format enclosed in Annex 4; Copy of Letter of Invitation A draft of Rs.10,00,00,000 (Rupees Ten Crores Only) as Bid Security in accordance with Section II, Clause 2.14

d. Four envelopes clearly bearing the following identification: 1. Technical Proposal: Residential Project - Commonwealth Games, 2010 Village - Original 2. Technical Proposal: Residential Project - Commonwealth Games, 2010 Village Copy 3. Financial Proposal: Residential Project - Commonwealth Games, 2010 Village Original 4. Financial Proposal: Residential Project - Commonwealth Games, 2010 Village Copy

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2.18.3 The outer envelope shall be addressed to: Deputy Director (Residential Land) 3rd Floor, Block C Delhi Development Authority INA Market, Vikas Sadan New Delhi India 2.18.4 If the envelope is not sealed and marked as instructed above, DDA assumes no responsibility for the misplacement or premature opening of the contents of the Proposal submitted. 2.18.5 All copies of the Proposal must be submitted in a hard bound form (loose form, spiral bound etc. will be not be accepted) with all pages numbered serially, along with an index of submissions. Bidders are required to submit all details as per the formats given in the RFQ document only. In the event, any of the instructions mentioned herein have not been adhered to, DDA may, at its sole discretion, reject the Proposal. 2.19 Bidders Responsibilities 2.19.1 It would be deemed that prior to the submission of the Proposal, the Bidder has: 2.19.1.1Made a complete and careful examination of requirements and other information set forth in this RFP; 2.19.1.2Received all such relevant information as it has requested from DDA; 2.19.1.3Made a complete and careful examination of the various aspects of the Project including but not limited to i. The Project Site; ii. Existing facilities and structures; iii. The conditions of the access roads and utilities in the vicinity of the Project Site; iv. Conditions affecting transportation, access, disposal, handling and storage of the materials; v. Clearances obtained by DDA for the Project; and vi. All other matters that might affect the Bidders performance under the terms of this RFP; 2.19.1.4Read and unconditionally accepted all terms and conditions of the Project Development Agreement and undertake to sign the same without any modifications, if DDA provides a Letter of Acceptance to the Bidder. 2.19.2 DDA shall not be liable for any mistake or error or neglect by the Bidder in respect of the above. 2.20 Proposal Due Date 2.20.1 Proposals should be submitted as per schedule specified under the Schedule for the RFP Process specified in Section I, Clause 1.3 in the manner and form as detailed in this RFP. Proposals submitted by either e-mail, facsimile transmission or telex would not be acceptable. Proposals submitted after the time stated above will be rejected. 2.20.2 DDA may, in exceptional circumstances, and at its sole discretion, extend the Proposal Due Date by issuing an Addendum in accordance with Clause 2.10.

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2.21 Late Proposals DDA will not accept any Proposal received after the Proposal Due Date and stipulated time mentioned in Clause 2.20. 2.22 Modifications/ Substitution/ Withdrawal of Proposals 2.22.1 The Bidder may modify, substitute, or withdraw its Proposal after submission, provided that written notice of the modification, substitution, or withdrawal is received by DDA by the Proposal Due Date. No Proposal shall be modified, substituted, or withdrawn by the Bidder in any manner whatsoever after the Proposal Due Date. 2.22.2 The modification, substitution, or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clause 2.17 and 2.18, with the envelopes being additionally marked MODIFICATION, SUBSTITUTION or WITHDRAWAL, as appropriate. C. Proposal Evaluation Process

2.23 DDA would open the Proposals as per Schedule for the RFP Process specified in Section I, Clause 1.3 for the purpose of evaluation. The Bidders present at the time and venue mentioned will be provided with the information of list of Bidders for the RFP process. 2.24 Proposals for which an acceptable notice of withdrawal has been submitted in accordance with Clause 2.22 shall not be opened. 2.25 DDA would subsequently examine and evaluate Proposals in accordance with the criteria set out in Section III. 2.26 DDA reserves the right to reject any Proposal if: a. At any time, a material misrepresentation is made or uncovered; or b. The Bidder does not respond promptly and thoroughly to requests for supplemental information required for the evaluation of the Proposal.

If any doubt arises regarding interpretation of any clause of this RFP document, the decision of the Vice Chairman, DDA will be final. 2.27 Bid Variable The bid variable for the purpose of evaluation of the financial bids shall the amount quoted by the Bidders as the Upfront Payment to be paid by the Bidder to DDA. 2.28 Tests of responsiveness Prior to evaluation of Proposals, DDA will determine whether each Proposal is responsive to the requirements of the RFP document. A Proposal shall be considered responsive if the Proposal: a. b. Is received by the Proposal Due Date including any extension thereof pursuant to Clauses 2.10 and 2.20 Is signed, sealed and marked as stipulated in Clauses 2.17 and 2.18
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c. d. e.

Is accompanied by the documents specified in Section II, Clause 2.11.2 Mentions the validity period as set out in Clause 2.15 Contains all the information as requested in this RFP

DDA reserves the right to reject any Proposal which is considered by DDA to be nonresponsive and no request for alteration, modification, substitution or withdrawal may be entertained by DDA in respect of such Proposals. 2.29 Clarifications request to Bidder To facilitate evaluation of Proposals, DDA may, at its sole discretion, seek clarifications in writing from any Bidder regarding its Proposal. In the event response to such request for clarification is not received from the Bidder within 3 (three) Working Days of such request having been sent by DDA, the judgement of DDA as to interpretation of the Proposal would prevail. D. Short listing, Notification and signing of the Project Development Agreement

2.30 After the evaluation of Proposals, DDA would announce the successful Bidder for the Project who then will be issued a Letter of Intent. The name of the successful Bidder will be available on the website of DDA (http://www.dda.org.in). 2.31 The Project Developer shall then enter into a Project Development Agreement with DDA in the form and manner to be set out in this RFP document, as per the timelines mentioned in Section I, Clause 1.3, subject to fulfilment of conditions precedent set out in this RFP Document. 2.32 Earnest Money Deposit 2.32.1 Technically Qualified Bidders shall submit Earnest Money Deposit through a crossed demand draft in favour of DDA to DDA equivalent to 25% of the quoted Upfront Bid Amount, after adjusting the Bid Security amount, as per the timelines mentioned in Section I, Clause 1.3. 2.32.2 Earnest Money Deposit of the highest financial Bidder and the next highest financial Bidder shall be retained and for all other Bidders shall be returned within fifteen (15) days of announcement of selected Bidder. Earnest Money Deposit of the next highest financial Bidder shall be returned within fifteen (15) days of signing of the Project Development Agreement. For any delay beyond the aforementioned periods, DDA would be liable to pay interest at the rate of seven percent (7%) per annum to the Bidders. 2.32.3 The Earnest Money shall be forfeited in case if the: 2.32.3.1Bidder withdraws its Proposal during the interval between the date of announcement of technically qualified bidders and expiration of the Proposal Validity Period; 2.32.3.2Selected Bidder, within the deadlines mentioned in Section I, Clause 1.3, 2.32.3.2.1 Fails to pay the balance Upfront Amount (75%) as required under the terms and conditions of RFP 2.32.3.2.2 Does not sign the Project Development Agreement within the time stipulated in Section I, Clause 1.3

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2.32.3.2.3 Fails to furnish the required Performance Security as per Para E of section II within the time stipulated in Section I, Clause 1.3. E. Performance Security

2.33 The Project Developer shall submit a Performance Security by way of a Bank Guarantee for Rs.500,00,00,000/- (Rupees Five Hundred Crores only) in accordance with the provisions of the Project Development Agreement before the deadline mentioned in Section I, Clause 1.3 as a condition precedent to signing of the same. (a) The said Performance Security shall be submitted in the form of a Bank Guarantee (as per format enclosed with RFP in Annex 7) from a scheduled commercial bank in India and as acceptable to DDA. The Project Developer may provide multiple bank guarantees totalling to Rs.500,00,00,000 (Rupees Five Hundred Crores Only). (b) The Performance Security shall be a. Returned as per following schedule: i. In case the Project Developer meets the first four (4) Project Milestones as mentioned in Annex 3 without any delay to the satisfaction of DDA - Rs.200,00,00,000 (Rupees Two Hundred Crores Only) less any amount of Performance Security encashed till that date ii. On the Project Completion Date - Rs.283,00,00,000 (Rupees Two Hundred and Eighty Three Crores Only) less any amount of Performance Security encashed till that date and not adjusted earlier iii. In case the Project Developer fulfils its obligation mentioned under Clause 4.9.2 Rs.2,00,00,000 (Rupees Two Crores Only) iv. In case the Project Developer fulfils its obligations mentioned under Section J below, on completion of Defects Liability Period Rs.5,00,00,000 (Rupees Five Crores Only) as per Clause 2.41a and Rs.5,00,00,000 (Rupees Five Crores Only) as per Clause 2.41b v. In case the Project Developer fulfils its obligations mentioned under Clause 4.8.6, on transfer of the requisite facilities to the concerned statutory body - Rs.5,00,00,000 (Rupees Five Crores Only) b. Invoked as per following i. In case the Project Developer fails to sign the Project Development Agreement within the time period stipulated in this RFP Document. ii. In case the Project Developer is unable to deposit the liquidated damages for delay in achieving any Project Milestone the said Performance Security shall be forfeited for an amount as computed under Clause 4.4.4. iii. In case of default by the Project Developer in meeting its obligations mentioned under Clause 4.9.2 Rs.2,00,00,000 (Rupees Two Crores Only) iv. In case of default by the Project Developer in meeting the defects liability obligations mentioned under Section J below Rs.5,00,00,000 (Rupees Five Crores Only) as per Clause 2.41a and Rs.5,00,00,000 (Rupees Five Crores Only) as per Clause 2.41b. v. In case of default by the Project Developer in fulfilling its obligations mentioned under Clause 4.8.6 Rs.5,00,00,000 (Rupees Five Crores Only). vi. In case of Termination of the Project Development Agreement

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vii. In case of any other default by the Project Developer as per the terms of the Project Development Agreement. c. Valid for a period indicated in Annex 7 F. Condition Precedent to signing of Project Development Agreement

2.34 The Project Developer shall be required to fulfil certain requirements (Conditions Precedent), as mentioned below, before the Project Development Agreement is signed with DDA. i. The Project Developer shall have paid the complete upfront payment to DDA as per Clause 2.1(a) of Section II ii. The Project Developer shall have submitted Performance Security as per Para E of Section II. G. Project Development Agreement Assignment and Charges

2.35 Without prior consent in writing of DDA, which DDA shall be entitled to decline without assigning any reason whatsoever, the Project Developer shall - Not assign the Project Development Agreement - Neither create nor permit to subsist any encumbrance over or otherwise transfer or dispose-off all or any of its rights and benefits under the Project Development Agreement. 2.36 However, the restraint under Clause 2.35 shall not apply to Liens or encumbrances required/ arising by operation of any Applicable Law in the ordinary course of business of the Project. H. Sub-Contracting

2.37 In case of any sub-contracting by the Project Developer, the Project Developer is liable to notify and provide a copy of the same to DDA in writing latest within 7 days of such sub-contracting. In case DDA has any objection to such sub-contracting, DDA shall intimate the Project Developer within 7 days of such notification. The Project Developer then needs to give effect to DDAs objections, which may include change of subcontractor, modification of terms and conditions of sub-contracting etc, within 30 days of such intimation. I. Quality Assurance and Quality Control

2.38 The Bidders shall submit their corporate quality policy document duly signed by the corporate head or any other authorized person and an outline quality plan in accordance with Clause 2.11.2, illustrating the intended means of compliance with special specifications for the work including Project quality requirements and setting out in summary form an adequate basis for the development of the more detailed document. The outline quality plan shall contain sufficient information to demonstrate clearly the proposed method of achieving the Bidders quality objectives with regard to the requirements of the Project Development Agreement and shall, as a minimum, address the quality system elements as required by ISO 9001 2000 Quality Management Systems - Requirements. 2.39 Third Party Independent Quality Assurance

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The quality of the Project shall be monitored by a third party appointed by DDA for the purpose. DDA shall appoint such a third party within 3 months of signing of the Project Development Agreement. The Project Developer shall comply with the suggestions and/or instructions of the third party in this regard. A failure to comply with the suggestions and/or instructions of the said third party shall constitute Project Developer Event of Default. J. Defects Liability Period

2.40 The Defects Liability Period shall, in regard to a. water-proofing/ wet-areas defects be 1 year and b. other defects be 6 months, after the completion of the Games Period. 2.41 The Project Developer shall, at his own risk and cost, make good, any defects and/ or complete left over work as required by the Monitoring Committee during the Defects Liability Period. 2.42 In the event the Project Developer is unable to remedy the defect within the timelines specified by the Monitoring Committee, penalty computed as per Annex 3, Section B for each day of delay shall be levied by DDA. The Project Developer shall deposit this amount of penalty within 7 days from the date of notification by DDA of such default, failing which DDA has the right to invoke the Performance Security to the extent of the penalty. K. Monitoring Committee

2.43 Monitoring Committee shall consist of 1 (one) representative each appointed by DDA and the Project Developer and an Independent Engineer, who would be any person or agency appointed mutually by the representatives of DDA and the Project Developer in the Monitoring Committee for the purposes mentioned in this RFP and the Project Development Agreement. 2.44 Progress review meetings shall be held from time to time and at such venue as may be decided by the Monitoring Committee. The Progress Reports, as submitted in accordance with Clause 4.4.2, and other matters needing clarifications/decisions will be discussed during these meetings. The Monitoring Committee shall record the minutes of these meetings, which shall be accepted and signed by authorized representatives of the Project Developer. 2.45 The Monitoring Committee may assign its right of providing approval/ rejecting on various matters after review of respective submissions by the Project Developer, to an agency nominated by the Monitoring Committee for that purpose. 2.46 The expenses for appointment and monitoring by the Monitoring Committee shall be borne by the individual parties for their representatives (i.e. DDA shall bear the expenses for its representative and the Project Developer shall bear the expenses for its representative). All expenses related to the appointment and monitoring by the Independent Engineer and all other common expenses incurred by the Monitoring Committee shall be shared equally between DDA and the Project Developer. L. Disputes

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2.47 If a dispute of any kind whatsoever arises between DDA and the Project Developer in connection with or arising out of the RFP/ Project Development Agreement or the execution of the Project, whether during the execution of the Project or after its completion and whether before or after repudiation or termination of the Project Development Agreement, including any dispute as to any decision, opinion, consent, expression of satisfaction, approval, determination of value, action or instruction of DDA, the matter in dispute shall be referred in writing to the Vice Chairman, DDA. Not later than 28 days after the day on which it received such reference, the Vice Chairman of DDA shall give notice of its decision of the same to the Project Developer. Such decision shall state that it is made pursuant to this Clause or the relevant clause of the Project Development Agreement and the decision of the Vice Chairman shall be final. 2.48 Sufficiency of Information The Project Developer shall be deemed to have satisfied itself of the correctness and sufficiency of all the material and all its obligations under the Project Development Agreement, including dealing with the concerned authorities not limited to OC, Police Authorities, MCD, Delhi Jal Board, Electric supplying agency concerned, Delhi Fire Services, DUAC, the environmental agencies of the State and Central Government, Authority and its authorized officers who are duly authorized to give approval on behalf of DDA at its own cost and expense, as well as all the contingencies and all matters and things necessary for the proper execution and completion of the Project and the remedying of any defects therein, before submitting the tender. The Project Developer has agreed and understood that no request for change in the terms and conditions of the Project Development Agreement shall be entertained at any stage on any ground whatsoever. 2.49 Project Control System The Bidders shall provide an integrated control system (including a program of work, man, material and finances) in accordance with its responsibilities by preparing a coordinated sequence for getting necessary approvals, clearances etc. from the different authorities and regarding commencement of work, with his Technical Proposal. This proposed Project Control System shall in all cases adhere to the overall Project Milestones as specified in Annex 3. This system shall (after approval of DDA) form part of the Project Development Agreement and shall be treated as a baseline, to monitor and determine delays in the individual activities, Project Milestones or the overall duration of the works. 2.50 Employment of Officers/ Retired Officers of DDA The Project Developer, either at Proposal stage or during the development stage shall not employ or attempt to employ any staff from current or past employees including retired employees of DDA in any capacity unless such employee has completed at least two years post retirement/ resignation or had obtained a No Objection Certificate specific to this effect from DDA. M. Insurance

2.51 The Project Developer shall at its own cost and expenses, take out and maintain, the following insurance: 2.51.1 Within 30days of signing the Project Development Agreement, for a period commencing from immediate effect and ending on the Project Completion Date

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Professional Indemnity Insurance for Construction Design (Rs.10,00,00,000) Professional Indemnity Insurance for Construction Supervisors (Rs.2,00,00,000) Employers Liability Insurance (Rs.1,00,000 per person) Construction Performance Bond (5% of the amount of the works contract awarded by the Project Developer) e. Freight Transportation Insurance (110% of the purchase price of insured goods) f. Completion Delay Insurance (under Freight Transportation Insurance) g. All-risk Insurance for Construction and Installation Projects (Value of construction contract) h. Completion Delay Insurance (under All-risk Insurance for Construction and Installation Project) i. Third-party Liability Insurance (Rs.5,00,00,000) j. Construction Machinery and Equipment Insurance (115% of replacement value of construction machinery and equipment) k. Other customary and reasonable insurances 2.51.2 Within 30days of the Project Completion Date, for a period commencing from the Project Completion Date and ending on March 31, 2011 a. All Risks Property Insurance b. Equipment Failure and Damage Insurance c. Third-Party Liability Insurance (Rs.5,00,00,000) d. Employers Liability Insurance (Rs.1,00,000 per person) e. Other customary and reasonable insurances The amounts given in brackets are the minimum amount of Indemnity for the respective policies. 2.52 The Project Developer shall ensure that each policy taken out under the Project Development Agreement shall be through such Insurers/ Underwriters as approved by the Insurance Regulatory and Development Authority specific to that purpose. 2.53 The Project Developer shall submit a Certificate of Insurance/ Policy Modification to DDA within 5days of the Insurers/ Underwriters placement/ renewal/ policy modification, evidencing the policies and endorsements. 2.54 Failure by the Project Developer to obtain the insurance coverage shall not reduce or otherwise affect the Project Developers obligations in respect of this RFP. 2.55 The Project Developer shall notify, accompanying full details to DDA of the incident giving rise to the claim, within 3 days upon receipt of any claim in excess of Rs.1,00,00,000 (Rupees One Crore Only) in respect of any insurance policies referred above.

a. b. c. d.

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SECTION III 3.1 Evaluation Parameters

EVALUATION OF PROPOSALS

3.1.1 The Bidders Proposal will be evaluated in the following areas: A. Technical competence and capability; B. Financial bid. 3.1.2 With respect to the Technical competence and capability, DDA will undertake an evaluation internally based on specific parameters, as mentioned in the table below. An overall score will be given to each Bidder and Bidders securing a minimum score (70%) as assessed by DDA, will be declared technically qualified. Sl. No. A (i) Parameters Conceptual Design, including a. Broad Project Development Plan b. Detailed Activity Chart with proposed Milestones c. Environment Compliance Plan d. Area Management Plan e. Indicative Unit Drawings Quality Management Plan, including a. PERT chart b. Corporate Quality Policy Document c. Outline Quality Plan d. Brand of material and specifications proposed to be used e. Quality, technical specifications and type of materials to be used Project Control System including Work Breakdown Structure Project Team, including a. Architect, including Landscape Architect b. Technical Consultant c. Structural Consultants/ Proof Checking Consultants d. Services Engineer e. Electrical/ Mechanical/ HVAC Consultants f. Plumbing Consultants g. Project Manager Enhancements to the Minimum Technical Project Requirements Marks 25

A (ii)

20

A (iii) A (iv)

20 25

A (v)

10

Note The above marks shall be based on the Proposal as well a presentation on the Proposal as requested by DDA. 3.1.3 Financial Proposals of only those Bidders will be opened, who have been declared technically qualified by DDA as mentioned above. The Bidder with the highest Financial Proposal will be called for negotiations, if required, and will be selected as the Project Developer. No financial negotiations shall be held. 3.2 Format of Submission For the purposes of evaluation of Proposals on the above parameters, Bidders are strictly instructed to submit the information as per format given in this RFP only.

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3.3 Evaluation Terms and Conditions 3.3.1 In case it is found after opening the financial bids that the financial bid quoted by two or more Bidders is the same, then such Bidders shall submit an upwardly revised financial bid within 2 Working Days of intimation by DDA. 3.3.2 Once the evaluation is completed and a Project Developer is selected, any change in the variables, which form the basis of the Bidders financial bid will not affect the Project Development terms except as provided in the Project Development Agreement. 3.3.3 The selected Bidder would be notified in writing by DDA by issuing the Letter of Intent in favour of the Bidder.

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SECTION IV 4.1 Project Site

DESCRIPTION OF RESIDENTIAL PROJECT

The Project Site is adjacent to the Akshardham Temple. An area of 11 hectares has been earmarked as Residential site in the Village (Project Site) to be used for accommodating the Commonwealth Games, 2010 participants, which has been set out in greater detail in Annex 1 of the RFQ Document. The Project Site shall be utilized by the Project Developer only for the purpose of constructing and developing Residential Facility prior to the start of the Commonwealth Games, 2010 to ensure that it can be utilized for the Commonwealth Games, 2010. 4.2 Project Requirements 4.2.1 The entire Residential Facility needs to be developed and made available for the Games in accordance with the following Minimum Technical Project Requirements as specified in Annex 2, Section B to H. These requirements are minimum requirements required to be followed by the Project Developer in the development of the Residential Facility. The Project Developer is free to enhance/ provide richer specifications than these Minimum Technical Project Requirements. The Bidder shall in his Proposal mention the enhancements that he proposes to the Minimum Technical Project Requirements. The Minimum Technical Project Requirements as enhanced by the Project Developer in his Proposal and once accepted by DDA shall be the Final Technical Project Requirements. The entire Project shall be completed in adherence to these Final Technical Project Requirements. The Project Developer shall construct one (1) Mock Unit, finished in all aspects within 120 days of signing the Project Development Agreement. The Mock Unit should be the type of Unit which would be developed in the largest numbers in the Residential Facility. The Mock Unit shall be finished as per the Final Technical Project Requirements. In addition the Project Developer shall provide all furnishings in the Mock Unit as specified in Annex 9, without any additional cost to DDA. It is an important requirement of the Games to ensure that all the Units are made with the same specifications. Accordingly, all Units shall have identical specifications as provided in the Final Technical Project Requirements. Further, no changes post the Games Period shall be carried out by the Project Developer, or by any of its related entities or by any of the principle contractors engaged by the Project Developer for the Project, directly or indirectly, only in any part/ entire of the Project Developers share of Residential Apartments. Development Norms and Clearances The Applicant may note that the Project Developer would be responsible for obtaining necessary clearances, approvals and permits from appropriate authorities as might be required to implement the Project. Ministry of Environment and Forests (MOEF) has accorded environmental clearance as per the provisions of Environmental Impact Assessment Notification-1994 and its subsequent amendments, subject to strict compliance of the terms and conditions as laid out in Annex II, Section E. The Project Developer will be required to adhere to
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4.2.2

4.2.3

4.2.4

4.3 4.3.1

4.3.2

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these terms and conditions, and provide all support to DDA in fulfilling all obligations which DDA has towards environmental clearances, failing which it will be the responsibility of the Project Developer to obtain the necessary approvals from the MOEF. 4.3.3 DDA has also initiated the process for getting Stage-I (initial conceptual) and Stage-II (Project Site specific layout plan and unit designs) clearance(s) from the Delhi Urban Art Commission (DUAC) for the entire Village Area. The same is included as Annex 1. The approval from DUAC on the same shall be obtained by DDA and provided to the Bidders. The Project Developer shall unconditionally adhere to the above for all purposes. The Project Developer shall obtain all necessary approvals from Municipal and other local bodies including MCD, DJB, Electric Supply Agencies, Police and Security Agencies, Chief Controller of Explosives, Fire Department, Civil Aviation Department,concerned in accordance to prevailing rules, Building Bye-Laws etc., as the case may be. DDA may, at its discretion and on a written request from the Project Developer assist him in getting the necessary approvals. DDA shall provide the Project Developer with all approvals/ disapprovals within 7 Working Days of the Project Developer submitting the application, or information/ clarification sought by DDA. DDA for the purpose of providing all the approvals and clearances to the Project Developer may nominate an agency. DDA shall propose a panel of at least 3 names for this purpose to the Project Developer. The Project Developer shall select one agency of its choice out of the above list of names provided by DDA. The Project Developer shall not reject all the agencies panelled by DDA. DDA shall intimate the Project Developer within 7 Working Days of nominating the agency as chosen by the Project Developer. The Project Developer shall make the structural design of the Residential Facility based on latest ISI/ BIS Codes with provisions for earthquake resistant measures. The Project Developer shall get his structural design proof checked by an external Proof Consultant at his own expense and submit the same for approval to DDA with his detailed design. The Proof Consultant shall carry out the calculations ab-initio and give his structural calculations supporting his proof checking. The Proof Consultant appointed by the Project Developers shall be one of the following agencies or as may be agreed in writing by DDA: Indian Institute of Technology Central Building Research Institute Structural Engineering Research Centre The Project Developer shall construct and complete the Residential Facility and the parking complex/ landscape area simultaneously for DDAs as well as its own share of Residential Apartments. The landscape area should clearly define the soft core and hard core landscape areas. The scope of work in the field of landscape should also include the Project Site planning viz-a-viz the services and aesthetics of the Project Site. The landscape component should include the street furniture, lighting and also landscape engineering or the Project Site, the soft core landscape to identify areas for tree plantation and other ornamental plantation of shrubs, ground covers and flowering species.

4.3.4

4.3.5

4.3.6

4.3.7

4.3.8

4.3.9

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4.3.10 The delay in submission of applications, drawings, construction plans and compliance of the observations shall be the responsibility of the Project Developer, and any delay in grant of approvals by the aforesaid Government bodies shall not relieve the Project Developer of any of its responsibilities under the Project Development Agreement. 4.3.11 In case the Project Developer violates any of the development norms, including building bye-laws and master plan controls, the Project Developer shall be liable to pay penalty to the concerned government authority/ agency/ DDA as determined under the relevant laws. 4.4 Milestones 4.4.1 The Project Developer would need to adhere to the Project Milestones within the timelines as specified in Annex 3, Section A. The Project Developer will need to submit monthly Progress Reports to the Monitoring Committee to apprise of the development of the Residential Facility in line with the specifications and said Project Milestones. The Monitoring Committee shall review these reports and verify the actual progress on the Project Site. DDA will monitor the progress of the Project vis--vis the prescribed Project Milestones as specified in Annex 3, Section A as per the Progress Reports submitted by the Project Developer and certified by the Monitoring Committee. In case the Project Developer is unable to achieve the Project Milestones within the stipulated time, the Project Developer will be required to pay liquidated damages as provided in Annex 3, Section B. These liquidated damages shall be cumulative for each day of delay in each Project Milestone. The Project Developer shall deposit the liquidated damages within 7 days from the date of notification by DDA of such delay, failing which DDA shall encash the Performance Security for the amount of liquidated damages. In case the Project Developer is able to achieve any of the subsequent Project Milestones within the time period as stipulated in Annex 3, Section A, DDA shall refund the amount of liquidated damages paid by the Project Developer for the delay in achieving any prior Project Milestone. In the event, the periodical compliance report of the Project Developer and/ or Monitoring Committee and/ or progress of the Project as determined by DDA indicates delay of 3 months or more in achieving any Project Milestone, DDA shall have the following recourse: a. Levy liquidated damages as per Clause 4.4.4 b. Complete the Project with assets on site and recover all costs from the Project Developer; and/ or c. Invoke the Performance Security; and/ or d. Terminate the Project Development Agreement and complete the Project on its own in any manner it may deem fit. Upon Termination of the Project Development Agreement, DDA shall have the power and authority to: a. enter upon and take possession and control of the Project ; and b. prohibit Developer and any person claiming through or under Developer from entering upon / dealing with the Project; and

4.4.2

4.4.3

4.4.4

4.4.5

4.4.6

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c. recover the following from the Project Developer i. Cost incurred by DDA to complete the Project ii. Liquidated damages as per Clause 4.4.4 iii. Deposit required for Defects Liability Period and deficiency charges as mentioned under Clause 4.8.6 iv. Any other cost incurred by DDA in relation to the Project 4.5 Completion and Handover 4.5.1 The Project Completion Date will be deemed to be the date when all Residential Facility is completely developed in all respects (including landscaping), technically fit to be occupied and ready-to-use/ liveable, with no pending construction, unfinished work, construction equipments, debris, construction material, etc. on the Project Site and certified in writing by DDA. The Project Completion Date shall be no later than April 1, 2010. Considering the importance of this Project no extension to this date shall be provided by DDA. The Project Developer will need to handover the Residential Facility to DDA at the commencement of the Games Period. The Project Developer shall provide DDA with all the detailed drawings, designs and layout plans as soon as the same are available in hand and the soft copy (Auto CAD) format. All the drawings, designs and layout plans prepared by the Project Developer will be the property of DDA and the Intellectual Property Rights of the same shall rest with DDA. The Project Developer shall submit to DDA As Built Drawings in hard and the soft copy (on Auto CAD) format within 30 days of the Project Completion Date.

4.5.2

4.5.3

4.5.4

4.6 Incentives to Project Developer 4.6.1 In case the Project Developer is able to achieve the Project Completion Date prior to April 1, 2010, DDA shall provide a cash incentive to the Project Developer. The cash incentive shall be calculated at Rs.15,00,000 a day for each day the Project Completion Date is prior to April 1, 2010. This cash incentive is restricted to maximum amount of Rs.15,00,00,000 (Rupees Fifteen Crores Only). In case the Project Developer meets the first four (4) Project Milestones as mentioned in Annex 3 without any delay to the satisfaction of DDA, DDA shall refund the Performance Security to the extent of Rs.200,00,00,000 (Rupees Two Hundred Crores Only) less any amount of Performance Security encashed till that date.

4.6.2

4.7 Common Facilities 4.7.1 The Project Developer shall also develop Common Facilities for the residents of the Residential Facility. The capital costs incurred by the Project Developer for such development shall be completely borne by the Project Developer only. These costs shall not be adjusted against the interest free security deposits received from the owners of the Residential Apartments.

4.7.2

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4.7.3

All the Common Facilities, except the one mentioned under Annex 2, Section A, Clause 11(a) and (f), shall be handed-over by the Project Developer to the Residents Welfare Association post-games. The Residents Welfare Association shall subsequently transfer the requisite facilities to the concerned statutory body in due course of time. Deficiency charges, relating to such transfer, shall be paid by the Project Developer to the concerned statutory body at the time of such transfer. In case of default by the Project Developer, DDA shall have the right to invoke the Performance Security to the extent of Rs.5,00,00,000 (Rupees Five Crores Only). Common Facility mentioned under Annex 2, Section A, Clause 11(a) shall be developed and disposed-off by the Project Developer post-games. The Project Developer shall handover the Common Facility mentioned under Annex 2, Section A, Clause 11(f) back to DDA for appropriate disposal. Terms and conditions for sale/ transfer/ usage/ charges like Interest free security deposits, maintenance charges etc for the Common Facilities shall be same for all the owners of the Residential Apartments and also as agreed with DDA.

4.7.4

4.7.5

4.8 Operation and Maintenance 4.8.1 The Project Developer shall be responsible for maintenance and related operations of the Residential Apartments, and the Common Facilities as determined solely by DDA, during development and during the Games Period. All operation and maintenance by the Project Developer will be in accordance with the guidelines of DDA which will be established in conjunction with OC. The Project Developer may operate and maintain through its own workforce subject to clearance from the security agencies and the workforce conforming to the requirements of DDA and OC. The above mentioned costs of operation and maintenance shall be borne by the Project Developer only. These costs shall not be adjusted against the interest free security deposits received from the owners of the Residential Apartments. However, electricity consumption charges levied by BYPL, water consumption charges levied by DJB and fuel expenses for running generators/ DG sets shall be reimbursed on actual basis by DDA. The Project Developer at its own cost shall refurbish the Residential Facility once within 15 days prior to the beginning of the Games Period with two or more coats of paint/ distemper/ finish and also again within 15 days after the end of the Games Period with one coat of paint/ distemper/ finish. Post-games, the entire developed Residential Facility will be operated and managed by a Residents Welfare Association. However, till DDAs share of Residential Apartments are disposed-off by DDA or the end of 6 months, whichever is earlier, the Project Developer shall bear the cost of operation and maintenance of the whole Residential Facility.

4.8.2

4.8.3

4.8.4

4.8.5

4.9 Residents Welfare Association 4.9.1 The Residents Welfare Association shall be a Committee comprising of representatives from the owners of all the Residential Apartments including DDAs share of Residential Apartments. Initially this committee shall comprise of the

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representatives of the Project Developer and DDA until a Residents Welfare Association is formed by the residents of the Residential Apartments by an election process. 4.9.2 As an initial contribution to the operation and maintenance fund to be kept by the Residents Welfare Association for the purposes of operation and maintenance of the Residential Facility as mentioned in Clause 4.8.5 above, the Project Developer shall contribute Rs.2,00,00,000 (Rupees Two Crores Only). In case of default on this payment by the Project Developer, DDA shall have the right to invoke the Performance Security to the extent of Rs.2,00,00,000 (Rupees Two Crores Only). This fund shall form a part of, and be named as, the Residents Welfare Association Corpus. Interest free security deposits from the Residential Apartment owners shall form a part of this Corpus. This Corpus shall be used by the Residents Welfare Association only for postgames day-to-day operation and maintenance costs. Parking

4.10

4.10.1 The Project Developer shall develop minimum parking bays in accordance with the development norms. 4.10.2 The parking bays should be allocated to DDAs share of Residential Apartments proportionate to the bays for Project Developers share of Residential Apartments after keeing reserved at least 50 car parks for visitors. The Project Developer shall sell the parking bays associated to the Project Developers share of Apartments to the Residential Apartment owners only and not to any outside person/ agency. DDA shall also sell the car parks allocated to its share along with the Residential Apartments. 4.11 Use of Sports facilities including Swimming pool in the adjacent site The residents at the Residential Facility will be allowed access to the Sports facilities including Swimming pool planned to be developed by DDA/ OC in the site adjacent to the Residential Facility for the Games. The access shall be through membership of such Sports facilities, which will be available only to the first owner of the Residential Apartment on common terms and conditions, as decided by DDA, provided the application for the same is made within the stipulated time and in the prescribed manner. Only one membership shall be provided to each Residential Apartment under such terms.

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SECTION V.

SALE OF RESIDENTIAL APARTMENTS

5.1 The Project Developer will be allowed to identify potential buyers and receive consideration for its share of Residential Apartments before the Games and after Project Developers share of Residential Apartments have been identified and allocated in accordance with Clause 2.1(b) of Section II. 5.2 DDA shall transfer the land underneath the 50% of the developed Residential Apartments (i.e. 50% of the dwelling units only excluding all other facilities, for eg. commercial, institutional) to be identified for transfer to the Project Developer, for onward transfer to the individual buyers by the Project Developer in accordance with the terms, conditions and covenants contained in this RFP document, the Project Development Agreement and the Conveyance Deed, to be executed by DDA after completion of the Project and post the Games Period. The Project Developer shall agree to sign the Conveyance Deed in the format provided by DDA. 5.3 The Project Developer shall ensure that the potential buyers identified by the Project Developer and/ or the eventual buyers of the Project Developers share of Residential Apartments shall not own any residential house/ apartment/ flat/ unit or plot in full or in part on leasehold or freehold basis in Delhi/ New Delhi/ Delhi Cantonment either in his own name or in the name of his/ her wife/ husband or in the name of his/ her minor or dependent children. If however, individual share of the applicant in the jointly owned plot or land under the residential house/ apartment/ flat/ unit is less than 66.9sq.m. he/ she can apply under this scheme. A person who has already been allotted a house/ apartment/ flat/ unit constructed by DDA or any other land owning department even if it is less than 66.9sq.m. shall also be covered under this restriction. 5.4 DDA will sell-off its share of Residential Apartments only Post-Games. 5.5 The possession of the Residential Apartments would be given to the allottees/ lessees only after the Games Period. 5.6 Till the time DDA is able to sell its share of Residential Apartments in part or in full, DDA as well as the Project Developer shall be bound by the maintenance terms laid down by the Residents Welfare Association. 5.7 Naming Rights 5.7.1 The Residential Facility will be named as Commonwealth Games Village for all purposes. The Project Developer shall not have any naming rights for the Residential Facility unless expressly approved by DDA. It shall also be the responsibility of the Project Developer to ensure that the names/ brands of its suppliers/ vendors are not used in any manner whatsoever which is in conflict with the branding/ sponsorship rights during the Games Period. The Project Developer shall intimate to DDA latest within 7 days of any such branding/ naming. In case, DDA objects to the same, the Project Developer shall within a period of 7 days of such objection by DDA re-brand/ rename in consultation with DDA.

5.7.2

5.7.3

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SECTION VI 6.1

USE OF RESIDENTIAL FACILITY DURING COMMONWEALTH GAMES, 2010

The Residential Facility on the Project Site including all the open areas (Residential Facility) shall be used by OC during the Commonwealth Games, 2010 for a period of around seven (7) months (Games Period). The Games Period will comprise four (4) months period prior to the Games, the period of Games and two (2) months postGames. Except as permitted by the Monitoring Committee, no activity by the Project Developer or any of its sub-contractors shall be allowed in the entire premise during the Games Period. Furnishing, Fixtures and Furniture specified in Annex 2, Section F shall be provided by OC at its own expense and risk and these will be removed/ disposed by OC/ DDA after the Games. The Project Developer would be required to permit/ coordinate with/ assist OC/ DDA for the same. Temporary Overlay Certain facilities, like team offices, service centres such as retail centre, casual dining and polyclinic etc may be required for the Commonwealth Games, 2010, which would be constructed as temporary overlay (details provided in Annex 2, Section G) by DDA or an agency nominated by DDA in the common areas like lobbies, parking and the open space including the area for landscaping. The Project Developer shall be required to plan/ coordinate/ assist in the same, including but not limited to providing connectivity for water, electricity, telephone, internet, etc. The Project Developer shall provide for such connectivity with appropriate capacity/ load till the point from where final distribution to the independent temporary units begins. These Temporary Overlays shall be constructed and removed by DDA or an agency nominated by DDA at its own cost. Damages to Residential Facility DDA would bear all the costs of any damages caused to the Residential Facility. To facilitate the assessment of damages by the Monitoring Committee, the Project Developer shall provide to and get approved from the Monitoring Committee a list of all the furnishings/ fixtures/ equipment in the Residential Facility verified and certified by the Monitoring Committee before the commencement of the Games Period and within 15 days of the end of the Games Period. The decision of the Monitoring Committee with respect to the damages shall be final. The Project Developer shall be required to carry out the repair work promptly and within the time as specified by the Monitoring Committee in this respect. Payment for the damages shall be made by DDA to the Project Developer within 30 days of successful completion of the repair work. The successful completion of the repair work shall be certified by the Monitoring Committee.

6.2

6.3 6.2.1

6.2.2

6.4 6.4.1 6.4.2

6.4.3 6.4.4

6.4.5

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Annex 1

PROJECT SITE MAP, INITIAL CONCEPTUAL DESIGN AND UNIT DESIGN

Project Site

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Annex 2

PROJECT CONTROLS, SPECIFICATIONS AND REQUIREMENTS

A. Project Development Controls 1. Land area 11 hectares 2. Maximum Floor Area Ratio (FAR) 200 excluding related to land area under point 11(a), (e) and (f) below or FAR achievable under the plans as provided by DDA, whichever is lower 3. Maximum Ground Coverage 33.3% 4. Maximum Height Subject to clearance from AAI/Fire Department and other statutory bodies. Further, the height should not exceed the height of the highest dome of the Akshardham Temple (43 m). The same shall be appropriately considered by DUAC in the urban design provided in this RFP by DDA. 5. Parking Minimum 2 Equivalent Car Space (ECS) / 100sq.m. floor area, with minimum space standards as follows: a. Open 23sq.m. per ECS b. Ground floor covered 28sq.m. per ECS c. Basement 32sq.m. per ECS d. Multi-level with ramps 30sq.m. per ECS e. Automated multi-level with lifts 16sq.m. with ECS 6. Density Provisions of density norms shall not be applicable if approval from the concerned authority is obtained by DDA 7. Additional floor area up to a maximum of 400sq.m. shall be allowed to cater to community needs such as community / recreational hall, crche, library, reading room and society office. In addition to the above, 100sq.m. area shall be permissible for Senior Citizen Recreation Room. 8. Community Service Personnel/ EWS and Lower Category norms are not applicable for this Project, since equivalent Units thereof shall be provided by DDA. 9. Stilts: If the building is constructed with stilt area of non- habitable height and is proposed to be used for parking, landscaping etc. the stilt floor need not be included in FAR and shall be counted towards height. 10. Basement(s), if constructed, and used only for parking, utilities and services shall not be counted towards FAR. 11. The Project Developer shall develop the following facilities integrated with other services of the Residential Facility. a. One (1) Convenience Shopping of 1,000sq.m. b. Totlots aggregating to 2500sq.m., each being at least 125sq.m. c. One (1) Housing area Park of 5000sq.m. d. One (1) Housing area Play ground of 5000sq.m. e. Two (2) Angawaris of 200-300sq.m. each f. Milk Booth as per standard design of the concerned Department The facility mentioned in 11(f) shall be reverted back to DDA for appropriate disposal. 12. All other developmental controls of MPD-2021 shall be applicable including Chapter-17 on Development Code.

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13. Basement(s) up to the setback line equivalent to parking and services requirement such as installation of electrical and fire fighting equipments, and other services required for the building with prior approval of the concerned agencies could be permitted and not to be counted in FAR. However, the area provided for services should not exceed 10% of the total basement area or 30% of one basement, whichever is higher. 14. Wherever parking is required to be earmarked within the plot / basement, in case of misuse, the same is liable to municipalisation / taken over by the authority.

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B. Accommodation Requirements I. Accommodation specifications - Bedrooms Each Bedroom to be of minimum sizes of 12 sq.m. carpet area II. Each Bedroom to have connectivity and fittings ready for use of Electric power and telephone Each Bedroom to have at least 60cm of hanging space Each Bedroom must be individually lockable i.e. each room independent of the other rooms Each Bedroom must have provisions for curtains/blinds to block sunlight

Accommodation requirements Minimum 4,000 Bedrooms should be developed Each Unit should have a minimum of 2 Bedrooms and maximum of 6 Bedrooms Each Unit must be lockable i.e. each Unit should be independent of the other Units and comprise of minimum two Bedrooms, one living room (to be used as a common area) and one bathroom Each Unit to have connectivity and fittings ready to use TV, telephone and internet Each Unit should be independent of the other Unit There should be an independent access to all Bedrooms (allowing common passage areas in a Unit) Each Bedroom (except 1 per each Unit) should have at least one independent access to a bathroom (not passing through any of the other Bedrooms, bathrooms or Unit) Each Bedroom should be Air-conditioned. For participants with disability Fixtures as specified by the Monitoring Committee in consultation with OC (eg. Grab-rails, Enhanced specifications for Water Temperature) should be provided in minimum 5% of the total number of Units, including in Bedrooms and bathrooms Appropriate arrangements should be made to ensure their easy accessibility to above said Units The Project Developer should ensure that such Units are evenly spread-out in the Residential Facility Provision for physically handicapped toilet shall be made and stainless steel pipes/ bars/ handles shall be provided near quality W.C. seat, shower and wash basin as per disabled requirements.

All the Units on completion should be complete/ ready-to-use with availability of water, sewerage, drainage, electricity etc.

III.

Accommodation specifications - Bathrooms


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Minimum number of bathrooms to be one less than equivalent to the number of Bedrooms for each Unit Each bathroom to be ready for use including all fittings for water, sanitation and electric power etc. During the Games, requirements of water will be higher because of the requirements of frequent showers by the Games participants. The Project Developer shall provide water storage of adequate capacity to meet these requirements as agreed by the Project Developer with Monitoring Committee in consultation with OC. Each bathroom must have Washbasin Lavatory Shower Mirrors Toilet brush, Curtains, Toilet paper holder Suitable lighting and extract fans, if no natural light or ventilation

IV.

Accommodation specifications - Living Space Living space (Common area including the living room, dining room and terrace but excluding the kitchen in the Unit) in each Unit should be of a minimum size calculated at 7.5sq.m. carpet area per Bedroom in that Unit. Living space should have connectivity and fittings ready for use of Electric power, TV, telephone, internet etc. and should be air-conditioned.

V.

Telecommunications, TV etc. Telecom services provider shall be fixed by OC. The Project Developer shall be required to provide all underground or concealed pipes/ ducts/ recess conduits, cables/wires for the Units as per the requirements of service provider. Internal Cabling for the Temporary Overlays shall be done by DDA. However, the Project Developer shall be required to provide underground pipes/ducts/recess conduits as per the requirements of service provider. The above specifications provided shall be agreed by the Project Developer with the Monitoring Committee. The Monitoring Committee shall consult appropriately with OC and the relevant service provider.

VI.

Requirements specified by OC The Bidder(s) is required to adhere to the various requirements prescribed by OC. Some of the key requirements have been specified in this Annex 2. Further, a detailed return brief of these requirements shall be made available by DDA to all the Bidders. Changes, if any, to these requirements shall be communicated by DDA during the course of the Project. The Project Developer shall be required to ensure compliance to these requirements.

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C. Minimum Technical Material Specifications I. Flooring Flooring in Bedrooms and living rooms shall be with combination of one or more Italian marble/ imported laminated wooden flooring/ marble/ vitrified tile II. For toilet and kitchen, it shall be combination of one or more of Vitrified Tiles/ Ceramic Tiles/ Marble/ Vitrified anti-skid tiles Open terraces and balcony flooring shall be with combination of one or more Indian marble/ Imported marble/ Terrazzo/ Tiles The stair case risers/treads shall be combination of one or more of Kota stone/ Marble Landing and lift lobby- Granite with inlay work in granite Servant room/ Utility room shall be with terrazzo/ Ceramic tiles

Walls and Counters The walls of lift lobby shall be with combination of one or more of Granite/ Marble Counters of wash basin and toilets shall have granite on top Toilet Full height combination of one or more of glazed ceramic tiles/ Marble/ Vitrified tiles/ Mirror. Kitchen Designer glazed ceramic tiles/ Italian marble as per design upto ceiling level. Fitting shall be of CP brass or of equivalent make. Kitchen platform shall have granite (Mirror finish) with stainless steel sink. Chimney point shall be provided in kitchen Servant room/ Utility room shall be with oil bound distemper on walls Internal walls for Bedrooms, Living space and other areas Plastic emulsion on POP finished walls.

III.

Finishing External finishing Permanent finish which shall be agreed with the Monitoring Committee. Wood work/ Steel work Main door Teak wood frame carved/ decorative and paneled shutters with melamine polish on all door frames and shutters Other doors Teak wood frame paneled shutters with both side teak wood beading and Teak wood moulding Toilet doors Teak wood paneled door framed with teak wood beading and both side marine ply Windows: Hermetically sealed 3 track aluminium ISI sections windows including 3.5mm thick tinted glass & stainless steel wire gauge sliding shutter Shaft door Aluminium louvered shutter tubular aluminium box frame with aluminium section for louvers
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IV.

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Residential Project Commonwealth Games, 2010 Village

V.

Fire escape railing M.S. with PVC coated railing Other railing including hand rails & Balcony railings and railing bands Stainless steel Chowkhat Teak wood

Ceilings Bedrooms/ living space/ kitchen/ toilets shall be with PoP punning and plastic emulsion Servant room/ Utility room with oil bound distemper Balcony should be with exterior paint

VI.

Roofing The terracing shall be provided with quality brick koba water proofing treatment finished with 300x300mm, 22-25mm thick, pre-cast terrazzo tiles on accessible terraces. Tapecrete treatment shall be provided in case of sunken portion of toilets and kitchen. Skylight shall be covered with imported multi-wall 10mm thick polycarbonate sheets fixed with Aluminum beading and fitted on aluminum frame of reputed make of GE Plastic or equivalent.

VII.

Security Systems- CC TV or any other security system to be provided outside or inside the residential buildings shall be installed, and removed after the Games, by DDA or an agency nominated by DDA. Necessary pipes/ducts shall, however, be provided by the Project Developer as per the requirements of DDA. The Project Developer shall be required to coordinate/assist DDA or any agency nominated by DDA in this respect. Electrical Items to be provided for by Project Developer o o o o o o o o o o o o o Light fixtures complete with lamps Ceiling fans in all Bedrooms and Living space Geysers 25 ltrs. in each bath room Air-conditioning for bed room and living room Solar water heaters for at least 10% of the Residential Apartments Solar power generators for at least common lighting in residential blocks Lifts Fire detection and fighting system with fire alarms and PA system Electrical signages Diesel generating sets for power back-up. Street light/path light/landscape light/security lights External electrification through BYPL Pipes/trenches/ducts/ internal wires for telecom wiring/CC TV etc.
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VIII.

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Residential Project Commonwealth Games, 2010 Village

o o o o

Cable TV/DTH system Water supply booster pumps Use of treated water for horticulture purposes including sprinkler system and flushing for WC Lightening arresters

The lift shall be designed in a manner to accommodate the peak hour traffic during the Games Period. The lift shall be capable of carrying athlete and officials along with their sports equipments. Accordingly, each residential block shall have minimum two lifts (one passenger lift and one hospital lift). The minimum capacity of each passenger lift shall be 10 persons whereas for hospital lift it shall be 15 persons. The minimum speed of lift for blocks above six storeys shall be 1.5 mtr. per second whereas for the blocks below six storeys it shall be 1 mtr. per second. The external electrification for the Residential Facility shall be got done by the Project Developer from BYPL and charges if any, shall be borne by the Project Developer. Alternatively, the Project Developer may execure the works through its own or an agency appointed by it and get the connections done from BYPL. Any land demanded by BYPL for establishing 11KV s/stn shall be made available through DDA. The locations of electric s/stn and generators should be within the Project Site. The Project Developer is required to submit energy consumption/ audit at the time of sanction of building plan. The scheme for external lighting shall be got approved by the Project Developer from the Monitoring Committee. All out-door light fixtures shall be of IP-66 category. The internal electrification shall generally conform to CPWD specifications2005. The Project Developer shall use only energy efficient lighting. The Project Developer shall provide 100% power back-up for common lighting load, lifts, and emergency services in the Residential Facility. To maintain safety of occupants, users, buildings as well as equipments; all regulations, standards, Electricity rules shall be strictly adhered to for achieving high standard of safety. The standards in general to be adopted are: o o o o o o o Indian Electricity Rules, 1956 with upto date amendments National Electrical Code Latest Indian Standards Relevant British Standards National Building Code (latest) BSES rules and regulations for supply and installation Special requirements as per DDA and Commonwealth Games Federation

IX.

Sewage Treatment Plant

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A Sewage Treatment Plant shall be constructed by the Delhi Jal Board which shall be used for sewage treatment. However any charges imposed by the Delhi Jal Board relating to the Residential Facility shall be borne by the Project Developer. All sewage, water supply and storm water lines within the Project Site shall be provided by the Project Developer. Individual sewer, water supply and storm water connections to each of the Residential Apartments from the peripheral point shall be provided by the Project Developer. DDA shall make arrangement for connecting the lines from one point at the periphery of the Project Site to the Sewage treatment Plant, as per the designs approved by MCD/ DJB.

X.

Other Requirements The utilities such as underground water storage tank, water harvesting system, separate dry and wet dustbins, post delivery counter etc. are to be provided within the site. The whole Residential Facility should have arrangement for solid waste disposal. Boulevards, Walkways and Basement(s) shall be designed to take full load of the fire tender wherever required and subject to adequate safety measures. The soil at site is prone to liquefaction under seismic conditions. Further, investigations may be got done by the Project Developer and recommendations to be adopted. All structural designs to be in conformity with the relevant IS standards. Soil investigation report and Dr. Mohanans Report on noise pollution at the Village are available on the DDA website, though DDA or any of its authorized officers or agencies do not warranty to the reasonableness of forecasts or the assumptions on which they may be based and nothing in these reports is, or should be relief on as, a promise, representation or warranty. All rain water pipe and accessories shall be U PVC jointed with fittings cutting an adhesive. Internal development (water supply) In the toilets and kitchen double piping i.e. for cold and hot water shall be provided. Hot water shall be from Geysers and/or Solar Water Heater system. In addition, provision for supply of treated water in the WCs shall be made. Sanitary Ware/ CP Fittings Parryware/Neycer/Cera/Hindustan or equivalent brands for the sanitary ware & Jaquar or equivalent brand for CP fittings. o o Kitchen shall have CP fittings/ Double bowl SS sin, Exhaust fan Toilets shall have Single level C.P. fittings, Wall hung WC, Exhaust fan, Glass shower Partition in one of the bathrooms in each Unit

There should be copper piping for water supply inside the toilets and kitchen Internal water supply, sewerage, storm water drain As per designs approved by Delhi Jal Board Internal Roads RCC Concrete/ Stone/ Bricks in line with external facade Parking and Paths RCC Concrete/ Interlocking Tiles Boundary walls Minimum 7 feet high with permanent finish, to be agreed with the Monitory Committee
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Signage As decided by Monitoring Committee in consultation with OC The buildings under this Project shall be certified Green Building

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D. Minimum Material Specifications I. Cement The cement to be used in the work can be 43 grade Ordinary Portland Cement (OPC) or Pozzolona Portland Cement (PPC) subject to the condition that no PPC should be used in RCC, frame structure especially in the exposed portion like chajjas, balconies, open terraces, top, roofs, extended beams, open staircases and slab beams in toilets. The cement should be procured from plants with a minimum capacity of 1.0 million Tonnes per annum. II. Reinforcement Steel

Reinforcement steel to be used should be from the following primary manufacturers only i.e. SAIL/ Tata/ RINL III. Sr.N o. 1. Electrical Work Governing specifications Acceptable Makes

Items

a) PVC Conduit b) Steel Conduit PVC Insulated Copper Conductor Wires Telephone wires M.C.Bs. & DBs (prewired) PVC junction boxes a) PVC Bends, Coupler & Elbow b) M.S. Bend, Coupler & Elbow a) 6/16A Modular switches/bell push

2. 3. 4.

IS: 9537 Part-III (Medium) IS: 9537 (Part-II) IS: 694 ITD Spec No. WS-113B IS: 8828 Minimum Breaking Capacity 10 KA IS: 3419 IS: 3419 IS: 2667 IS: 3854

BEC, AKG, Precision, Poly pack BEC, AKG, NIC, Vikas Skytone, National, Ecko, Havells Skytone, National, Ecko, Havells, Delton L&T (Heager), Legrand, Indokopp, ABB, Havells BEC, AKG, Precision, Poly pack BEC, AKG, Precision, Poly pack Anchor (wood), Clipsal (opale), Legrand (Mosaic), Crabtree (Athena), C&S Gewiss (System), ABB (Classiq Lumina). Anchor (wood), Clipsal (opale), Legrand (Mosaic), Crabtree (Athena), C&S Gewiss (System), ABB (Classiq Lumina). Anchor (wood), Clipsal (opale), Legrand (Mosaic), Crabtree (Athena), C&S Gewiss (System), ABB (Classiq Lumina). Jindal (Hissar), Surya, TATA Polypack, BEC Plast Bajaj, GE, Insta Power

5. 6.

7.

b) 6/16A Modular three/six pin socket outlets c) Modular step type electronic fan regulator double module type (5 stepped type). G.I. Earth pipe/GI Pipe PVC Cement Resin Aviation Obstruction Light

IS: 1293

IS: 11037

8. 9. 10.

IS:1239 Medium Shall be LED based

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11. 12. 13. 14. 15. 16. 17. 18.

Pumps (water supply, fire fighting) Submersible pump Vacuum Pump Dewatering pump Motor Cast Iron Sluice valve Cast Iron non return valve Cast Iron pipe (Double flanged). Cast Iron fittings

IS : 1520 IS:8034 IS : 325 IS : 14846 IS : 5312 IS : 1536

Kirloskar, Mather & Platt, Beacon Weir, Jyoti Kirloskar, KSB, PLUGA Kirloskar KSB, Kirloskar, mody Kirloskar, ABB, Jyoti, Crompton, NGEF Kirloskar, IVC Kirloskar, IVC Bharat industrial Corpn., Oriental Castings, Electro Steel Castings Bharat industrial Corpn., Oriental Castings, Electro Steel Castings a)Siemens, Bhartia Cuttler Hammer, Havells, C & S, L&T b) ABB, Siemens, schneider Havells C & S, G.E., L&T L & T, AREVA, Havells, C & S, Schneider, Siemens, ABB, G.E. G.E., Crompton, L & T, Usha, Asian, ABB, Havells Talsuchak, Minilec Reva, Indef, Morris Asian, Unistar, Ecko, Skytone, Havells Wago, or Equivalent Philips, Bajaj, Crompton, G.E. Osram, Philips, GE, Helonix Osram, Philips, Helonix, GE, Bajaj, Crompton Phillips , Bajaj , Crompton, Kaselac Schredder , GE Kaselac Schredder, WIPRO, Phillips, Bajaj, GE Crompton, Orient, Havells, Bajaj, GE, Usha Steelage Industries, Kooverji, Vijay fire protection Kirloskar, Greaves Cotton, Cummins Kirloskar, Crompton Greaves Standard, AMRON, Exide, Panasonic L & T , siemens , Schendelier, AREVA, C & S , ABB Shall be fabricated by the OEM of the DG set.
Request for Proposal Document

19.

IS : 1538

20.

21. 22.

a) Motor Starter (DOL, Star delta) b) Soft starter Change over switch Switch disconnector fuge unit Power capacitor Water level indicator Chain pulley block 1.1 KV A/Cond. Power cable Connector, Terminal Block T-5 Fitting T-5 Fl. Tube, CFL HPSV Lamp Street Light luminare Compound light/Path light/ landscape light Ceiling Fan/ Exhaust Fan Fire Extinguisher Diesel engine Alternator Battery MCCB Acoustic enclosure

IS 13947

IS:13947 IS:13947

23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39.

IS:13340 IS:3832 IS : 7098 Shall be screw less type IS:9974 Efficacy-110130 Lumen/watt IEC-60598 shall be of IP66 protection IS:374-1979 ISI Marked BS 5514 / IS 10002 IS 4722

IS 13947 -

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Residential Project Commonwealth Games, 2010 Village

40. 41.

EXIT SIGNS Electronic Choke for T-5 lamps

42. 43. 44.

DWC pipe Electric Gyser Solar water heater/ Solar PV system M.S. Pipe Butterfly valve Air Release valve G.M. Hydrant Valve 20MM DIA hose REEL FIRE Brigade Innlet. Sprinkler Head 63 mm dia Hose pipe GM Nozzle, Coupling, branchpipe Lift machine room less with automatic rescue device Air conditioning units

Shall be LED based with battery back up THD < 10% PF > 0.95 Operating Voltage 130 V 260 V IS : 14930 Thermostat setting from 40 c to 75 c IS : 12933 (Pt.I & II)

Insta Power, Philips, Wipro

Rex, Duraline Usha, Recold , Bajaj Tata Bp Solar, Bhel CEL, Flexitron , Ibex, Kotak, Urja Tata, Surya, Jindal ( HISSAR) KSB, Kassel, Audco, Kirloskar Newage , Sukhan Newage, Firex, Minimex Superex Suprex, Dunlop, Newage, Firex, Minimex Suprex, Dunlop, Newage, Firex, Minimex Spray Safe,SD, tyco, Electronic Newage, Jay Shree, Jyoti Newage , Minimax, firex, Super ex OTIS, Kone, Mitsubishi, Schindler

45. 46. 47. 48. 49. 50. 51. 52. 53. 54.

I.S:1537 (Heavy class) BS-5155/IS: 13095 IS 5290 IS : 1532 IS 934 IS 636 IS : 907 IS: 3534 IS: 14665

55.

Shall be based on VRF Blue Star, Voltas, Carriertechnology, Zero ozone Toshiba, Hitachi, Daikin depleting refrigerent shall be used.

Specifications indicated above are minimum only. The Project Developer can offer richer specifications.

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E. Environmental Requirements As per the directions of the Ministry of Environment and Forests, the Expert Committee has accorded environmental clearance as per the provisions of Environmental Impact Assessment Notification-1994 and its subsequent amendments, subject to strict compliance of the terms and conditions as below. The Project Developer will be required to adhere to these terms and conditions, failing which it will be the responsibility of the Project Developer to obtain the necessary approvals from the Ministry of Environment and Forests. i. ii. iii. iv. v. Project Site shall be filled, if required, with sand from Yamuna bed or earth. No flyash will be used as filling material. Development of Green Belt and tree plantations shall be done in consultation with Council of Forest Research and Education, Dehradun. All required sanitary and hygienic measures should be in place before starting construction activities and to be maintained throughout the construction phase. A first aid room shall be provided on the Project Site during construction and operation of the Project. Adequate drinking water and sanitary facilities should be provided for construction workers at the site. The safe disposal of wastewater and solid wastes generated during the construction phase should be ensured. All the topsoil excavated during development/construction activities should be stored for use in horticulture/landscape development within the Project Site. Construction spoils, including bituminous material and other hazardous materials must not be allowed to contaminate watercourses and the dumpsites for such material must be secured so that they do not leach into the ground water. The diesel generator to be used during development/construction phase should be low sulphur diesel type and should conform to E(P) Rules prescribed for air and noise emission standards. Vehicles hired for bringing development/construction material to the site should be in good condition and should conform to applicable air and noise emission standards and should be operated only during non-peak hours. Ambient noise levels should conform to the residential standards both during day and night. Incremental pollution loads on the ambient air and noise quality should be closely monitored during construction phase. Storm water control and its re-use as per CGWB and BIS standards for various applications. Separation of grey and black water should be done by the use of dual plumbing line for separation of grey and black water. Fixtures for showers, toilet flushing and drinking should be of low flow either by use of aerators or pressure reducing devices or sensor based control Use of glass may be reduced by upto 40% to reduce the electricity consumption and load on air-conditioning. If necessary, use high quality doubt glass with special reflective coating in windows. Roof should meet prescriptive requirement as per draft Energy Conservation Building Code by using appropriate thermal insulation material to fulfill requirement. Adequate measures to reduce all and noise pollution during construction keeping in mind CPCB norms on noise limits. Opaque wall should meet prescriptive requirement as per draft Energy Conservation Building Code which is proposed to be mandatory for all air-

vi. vii.

viii.

ix.

x.

xi. xii. xiii. xiv.

xv.

xvi. xvii.

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xviii.

xix.

xx.

conditioned spaces while it is aspirational for non-airconditioned spaces by use of appropriate thermal insulation material to fulfill requirement. Rain water harvesting for roof run-off and surface run-off, as plan submitted should be implemented. Before recharging the surface run off, pre-treatment should be done to remove suspended matter, oil and grease. Application of solar energy should be incorporated for illumination of common areas, lighting for gardens and street lighting in addition to provision for solar water heating. A hybrid system or fully solar system for a portion of the Residential Apartments should be utilized. A report on the energy conservation measures conforming to energy conservation norms finalized by the bureau of energy efficiency should be prepared incorporation details about building materials and technology, R&U factors etc and submit to the ministry in three months time.

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F. Facilities to be provided by OC Following is the tentative list of furnishings that will be provided by the Organizing Committee during the Games Period. The Project Developer shall be required to provide all necessary provisioning to ensure that these furnishings can be put in place and also provide all necessary assistance to OC/ DDA in the manner as decided by the Monitoring Committee in consultation with OC. I. In Bedrooms Telephone instruments Beds Curtains Bed linen Pillows Blankets 3 Drawers (1lockable) Clothes hangers Table Lamps and Wastebaskets Soft furnishings Table/ Chairs II. In Units and Temporary Areas CCTV Television sets Telephone instruments Fax machines Internet instruments Electric Kettle Computers Office equipments like fax machine, photocopier etc. III. In Bathrooms Toilet paper Toiletries

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G. Temporary Overlay Requirements Temporary Overlays, in the manner and on lines detailed below, shall be constructed and removed by DDA or an agency nominated by DDA. The Project Developer shall be required to plan/ coordinate/ assist in construction/ removal of such temporary overlays, including but not limited to providing connectivity for water, electricity, telephone, internet etc. The Project Developer shall provide for such connectivity with appropriate capacity/ load from the main stations to the point from where final distribution to the independent temporary units begins. The Project Developer shall provide the support as determined by the Monitoring Committee in consultation with OC. The temporary overlays, of around 18,000sq.m., are likely to be on the following lines CGA space (4,000sq.m.), including Chef de Missions offices Office/ Meeting rooms Medical rooms Physio rooms Bathrooms Resident centers (10 units of 500sq.m. each) CGA services center (300sq.m.) Sports information center (300sq.m.) Chef de Mission meeting room (300sq.m.) Main Dining Hall (5,000sq.m.) Casual Dining Hall (1,000sq.m.) Polyclinic (1,000sq.m.) Fitness Centre (800sq.m.) Religious Centre (200sq.m.)

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H. Common Facilities Club including Dining facility, Multi-purpose room, health facility like steam, sauna, spa, gymnasium, outdoor facility like tennis court, indoor sports facility like billiards room, squash court, cards room, separate kids area, mini home theatre and aerobic and yoga centre Security set-up/ cabins Sewage lines Storm water drains Power back-up Solar power Lifts Staircases Common Lobby/ Reception Street lighting and furniture Boundary walls Landscaping Water supply booster Rain water harvesting system Water storage tanks Signages Internal roads 50 car common parking for visitors

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Annex 3 A.

PROJECT MILESTONES

Following are the Project Milestones to ensure timely completion of the Project Time from the date of signing of Project Development i.e. D-Day

Milestone. Milestone No.

Agreement

(estimated at July 15, 2007) including Sundays 1 Foundation Work (including Plinth Level) upto Plinth Level for 50% Blocks and Mock Unit completion 2 Structure work upto G+4 level, with associated electrical works + Foundation work including Plinth Level for rest of the blocks 3 Structure Work upto terrace level, with associated electrical works and B.W. upto G+4 level 4 D+420days i.e. September 7, 2008 D+240days i.e. March 11, 2008 D+120days i.e. November 12, 2007 all holidays/

Completion of brick work upto terrace level and D+600days i.e. March 6, 2009 internal plaster, flooring, etc. for 5 levels, with associated electrical works

Completion of flooring and finishing, with associated electrical works of all blocks all levels upto terrace level

D+780days i.e. September 2, 2009

External finish of all blocks and all levels

D+840days i.e. November 1, 2009

Completion of all electric work including lifts, E.S.S etc and completion of U.G.R./ Pump Rooms/ Lifts/ Pump Sets etc.

D+870days i.e. December 1, 2009

Completion of all development work including landscaping

D+900days i.e. December 31, 2009 April 1, 2010

Project Completion Date

Note: No exclusions, including time taken by DDA in giving approvals/ notifications, will be allowed to be considered in the calculation of time taken for the achievement of Project Milestones.

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B.

The liquidated damages amount to be paid by the Project Developer to DDA in case of non-achievement of each of the aforesaid Project Milestone shall be calculated as follows: a. Rs.15,00,000 (Rupees Fifteen Lakhs Only) a day for each day of delay for the first fifteen (15) days of delay; b. Rs.25,00,000 (Rupees Twenty Five Lakhs Only) a day for each day of delay for the next fifteen (15) days of delay; c. Rs.50,00,000 (Rupees Fifty Lakhs Only) a day for each day of delay thereafter till the date of achievement of that Project Milestone or Termination Date, whichever is earlier.

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ANNEX 4

FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF PROPOSAL

Know all men by these presents, We.(Name of the Bidder and address of their registered office) do hereby constitute, appoint and authorise Mr / Ms(name and residential address of Power of Attorney holder) who is presently employed with us and holding the position of . as our attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in connection with or incidental to our Proposal for the Project envisaging development of Residential Facility in the Commonwealth Games, 2010 Village, including signing and submission of all documents and providing information / responses to DDA, representing us in all matters before DDA, and generally dealing with DDA in all matters in connection with our Proposal for the said Project. We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us.

For ___________________________

Accepted ..(signature) (Name, Title and Address) of the Attorney

Note: The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure. The Power of Attorney shall be provided on Rs.100 stamp paper. The Power of Attorney should be supported by a duly authorised resolution of the board of directors of the Bidder authorizing the person who is issuing this power of attorney on behalf of the Bidder.

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ANNEX 5 A. Covering letter format [Date]

FORMAT FOR PROPOSAL

Deputy Director (Residential Land) 3rd Floor, Block C Delhi Development Authority Vikas Sadan, INA Market, New Delhi-110023 India Dear Sir, Sub: Letter of Proposal, Residential Project (Commonwealth Games, 2010) 1. We, the undersigned duly authorized to represent and act on behalf of [-----------------------------] (the Bidder), and having reviewed and fully understood all information provided in the RFP document, hereby apply as Bidder for the Residential Project, Commonwealth Games, 2010 Village. 2. We are hereby submitting our Proposal including the following: a. Proposal in the prescribed format (Annex 5, Format for Proposal); b. Power of Attorney as per the prescribed format [Annex 4]; c. Other details and supporting documents in response to the requirements outlined in the RFP document [indexed and cross referenced to application formats and RFP as required] d. A draft of Rs. 10,00,00,000 (Rupees Ten Crores Only) towards Bid Security. 3. Our Proposal is valid till [--date in figures and words--] 4. DDA and its authorized representatives are hereby authorized to conduct any inquiries or investigations to verify the statements, documents, and information submitted in connection with this Proposal, and to seek clarification from our bankers and clients regarding any financial and technical aspects. This Letter of Proposal will also serve as authorization to any individual or authorized representative of any entity referred to in the supporting information, to provide such information deemed necessary and requested by yourself to verify statements and information provided in this Proposal, or with regard to the resources, experience, and competence of the Bidder. 5. We understand that; a. All information submitted under this Proposal shall remain binding upon us at the time of bidding; and b. DDA may in their absolute discretion reject or accept any Proposal, cancel the bidding process and reject all Proposals. 6. We have read and understood the terms and conditions in the Project Development Agreement in this document and accept the same.

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7. We declare that all statements made by us and all the information pursuant to this Letter of Proposal are complete, true and accurate to the best our knowledge and beliefs.

For and on behalf of (name of Bidder) Signed

Name

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B. Proposal Response Sheet No. 1 - Technical Proposal Name of Bidder Prequalification Number (As allotted to all Pre-qualified Parties) i. : :

ii.

iii. iv.

v.

Conceptual Design, including a. Broad Project Development Plan b. Detailed Activity Chart with proposed Milestones c. Environment Compliance Plan d. Area Management Plan e. Indicative Unit Drawings Quality Management Plan, including a. PERT chart b. Corporate Quality Policy Document c. Outline Quality Plan d. Quality, technical specifications and type of materials to be used Project Control System including Work Breakdown Structure Project Team, including a. Architect, including Landscape Architect b. Technical Consultant c. Structural Consultants/ Proof Checking Consultants d. Services Engineer e. Electrical/ Mechanical/ HVAC Consultants f. Plumbing Consultants g. Project Manager Enhancements to the Minimum Technical Project Requirements

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B. Proposal Response Sheet No. 2 - Financial Bid Name of Bidder Prequalification Number (As allotted to all Pre-qualified Parties) : :

Upfront Amount Bid Rs.. (Amount in words Rupees) Date this ..Day of .200.

Name of the Bidder Signature of the Authorized Person Name of the Authorized Person

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ANNEX 6

FORMAT FOR ANTI-COLLUSION CERTIFICATE (On letter head of Signatory)

ANTI-COLLUSION CERTIFICATE

We hereby certify and confirm that in the preparation and submission of this Proposal, we have not acted in concert or in collusion with any other Bidder or other person(s) and also not done any act, deed or thing which is or could be regarded as anti-competitive. We further confirm that we have not offered nor will offer any illegal gratification in cash or kind to any person or agency in connection with the instant Proposal. Date this ..Day of .200.

Name of the Bidder Signature of the Authorized Person Name of the Authorized Person

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ANNEX 7

FORMAT FOR PERFORMANCE SECURITY

In consideration of the Delhi Development Authority, having its office at Vikas Sadan, INA Market, New Delhi 110023 (hereinafter referred to as DDA, including its successors and assigns) having engaged..(hereinafter referred to as the Project Developer, including its successors and assigns) as Project Developer for the Development of the Residential Facility at the Commonwealth Games Village, 2010 pursuant to the Project Development Agreement dated, (hereinafter referred to as the Project Development Agreement) for which purpose the Project Developer has undertaken to submit an irrevocable Performance Security for Rs.500,00,00,000 (Rupees Five Hundred Crores Only), for compliance of Project Developers obligations under the Project Development Agreement, We(hereinafter referred to as the Bank, including its successors and assigns), do hereby unconditionally and irrevocably undertake to pay to DDA an amount not exceeding Rs.500,00,00,000 (Rupees Five Hundred Crores Only) without any demur, merely on a demand in writing from DDA stating that the amount claimed is due and payable by Project Developer. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, the Banks liability under this Guarantee shall be restricted to an amount not exceeding Rs.500,00,00,000 (Rupees Five Hundred Crores Only). We, the Bank, further undertake to pay DDA any money so demanded notwithstanding any dispute raised by the Project Developer in any manner whatsoever and our liability under these presents is absolute, unconditional, unequivocal and irrevocable. We, the Bank, further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Project Development Agreement We, the Bank, further agree that DDA shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the Project Development Agreement or to extend time of performance by the Project Developer from time to time or to postpone for any time or from time to time any of the powers exercisable by DDA against the Project Developer and to forbear to enforce any of the terms & conditions of the Project Development Agreement & we shall not be relieved from our liability by reason of any such variation, or extension being granted to Project Developer or for any forbearance, act of omission or waiver on part of DDA or any indulgence by DDA to the Project Developer or by any such matter or thing whatsoever which under the law relating to sureties would but for the provision, have effect of so relieving us. This Guarantee will not be discharged due to the change in the constitution of the Bank or the Project Developer. We, the Bank, undertake not to revoke this Guarantee except with the previous consent of DDA in writing. This Guarantee shall be valid as per following; a. For Rs.200,00,00,000 (Rupees Two Hundred Crores Only) upto June 30, 2009, b. For Rs.283,00,00,000 (Rupees Two Hundred and Eighty Three Crores Only) upto September 30, 2010, c. For Rs.2,00,00,000 (Rupees Two Crores Only) upto December 31, 2010, d. For Rs.5,00,00,000 (Rupees Five Crores Only) upto March 31, 2011, e. For Rs.5,00,00,000 (Rupees Five Crores Only) upto November 30, 2011, f. For Rs.5,00,00,000 (Rupees Five Crores Only) upto September 30, 2014, and we undertake to renew/ extend this Guarantee from time to time till the completion of performance by Project Developer of its obligations under the Project Development Agreement and/ or as demanded by DDA. Notwithstanding anything mentioned above,

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our liability under this Guarantee is restricted to Rs.500,00,00,000 (Rupees Five Hundred Crores Only) unless a claim in writing is lodged with us within six month of the date of expiry or the extended date of this Guarantee whereupon all our liabilities under this Guarantee shall stand discharged. Signed and Delivered (Name of the Bank) Dated the.day offor

Note: The Performance Security should be signed and delivered at Delhi by the Bank through its Delhi Branch with the condition that as and when the time extension of Bank Guarantee is required by DDA, the Project Developer will ensure its extension without any precondition.

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ANNEX 8

FORMAT FOR PROJECT UNDERTAKING (On the Letter head of the Bidder)

PROJECT UNDERTAKING Date: To: The Deputy Director (Residential Land) Delhi Development Authority Vikas Sadan, INA Market New Delhi Re: Residential Project under Commonwealth Games, 2010 Village development We have read and understood the Request for Proposal in respect of the captioned Project provided to us by DDA. We hereby agree and undertake as under: Notwithstanding any qualifications of conditions, whether implied or otherwise, contained in our Tender we hereby represent and confirm that our Tender is unqualified and unconditional in all respects and we agree to the terms of the proposed Project Development Agreement, a draft of which also forms a part of the Request for Proposal provided to us. We shall sign the Project Development Agreement as initialled by us and provided along with the Proposal, without any modification, within the time stipulated in the RFP. Dated this..Day of ..200_. Name of the Bidder

Signature of the Authorized Person Name of the Authorized Person

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ANNEX 9

FURNISHINGS TO BE PROVIDED IN THE MOCK UNIT

The Mock Unit shall be a Show Unit which may be used for display purposes to OC/ CGF/ foreign dignitaries/ prospective users/ buyers. The Mock Unit shall be made with the relevant Final Technical Project Requirements. In addition the following minimum furnishings shall be provided by the Project Developer. Exact specifications will be agreed with the Monitoring Committee. I. For all Bedrooms a. Beds b. Side-tables c. Wooden Cupboards/ Wardrobes with lockers d. Curtains

II. For all Bathrooms a. Toiletries cabinet/ shelf, including toilet-paper III. For all Balconies/ Kitchen Garden a. Garden furniture b. Awning IV. For all Units a. Dining table and chairs b. TV/ Music system trolley/ cabinet/ shelf c. Couch/ Sofa sets d. Working table/ Desks and Chairs e. Dressing table f. Centre table g. Table lamps h. Storage cabinets i. Washing machine j. Plants V. Kitchen a. Chimney b. Hob burner c. Modular fittings & cupboards d. Refrigerator

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ANNEX 10

FORMAT FOR PROJECT DEVELOPMENT AGREEMENT

[to be executed on a stamp paper of appropriate value] PROJECT DEVELOPMENT AGREEMENT This Project Development Agreement is entered into this __ day of ___ 2007 at New Delhi by and between: THE DELHI DEVELOPMENT AUTHORITY (DDA) a statutory body constituted under Section 3 of the Delhi Development Act, 1957 and having its principal office at Vikas Sadan, New Delhi (hereinafter referred to as DDA, which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors, legal representatives and assigns) through its duly authorized representative [];

AND [], a company incorporated under the Companies Act, 1956 having its registered office at [] (hereinafter referred to as Project Developer, which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors, legal representatives and permitted assigns) through its Officer [] authorized vide Power of Attorney dated []. Whereas A. DDA has been mandated by the Government of India, Ministry of Youth Affairs and Sports (vide document reference no.F.70-69/2005-SP-II) to undertake the development of the Games Village required for the Commonwealth Games that are to be held in New Delhi in 2010 (Commonwealth Games). DDA undertook a competitive bidding process for selecting a private entity to undertake the implementation of the Project for the development of Residential Facility that would be used for the purpose of providing accommodation to the athletes and officials participating in the Commonwealth Games and thereafter be disposed off as apartments for residential purposes. DDA has identified and acquired a site comprising of 11hectares of Project Site located off National Highway 24, adjacent to Akshardham Temple at Noida Crossing as the site for the Project (Project Site). DDA has selected the Project Developer for undertaking the implementation of the Project. DDA, as the owner of the Project Site, has further agreed to grant to the Project Developer and the Project Developer has agreed to accept from DDA exclusive development rights to the development of the Project on the Project Site as per the terms and conditions contained herein.

B.

C.

D.

E.

NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. Definitions And Interpretation

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1.1

Definitions In this Agreement unless the context otherwise requires:

1.1.1

Affiliate means in relation to any company, any other company which directly or indirectly is in control of, is Controlled by, or is under common control with that company. Agreement shall mean this Agreement, and include any amendments hereto made in accordance with the provisions hereof. Applicable Permits shall mean all Clearances, permits, authorisations, consents, registrations and approvals required to be obtained or maintained by the Project Developer under Applicable Law, in connection with the construction, operation and maintenance of the Project during the subsistence of this Agreement. Clearance means, as on the date of execution of this Agreement, any consent, license, approval, permit, ruling, exemption or other authorisation of whatsoever nature which is required to be granted by, or any registration or filing with, any Competent Authority as may be necessary in connection with the Project. Commencement Date means the day of execution of this Agreement. Common Facilities means the facilities developed by the Project Developer on the Project Site for the common use/ benefit of all the owners, directly or indirectly, of the Residential Apartments, Development Rights means the right granted by DDA to the Project Developer under this Agreement to design, engineer, finance, procure, construct, operate and maintain the Project. Financing Documents or Financing Agreements means collectively the agreements entered into for providing the debt financing for the implementation of the Project and shall include the security documents creating the relevant security (such as charges or liens) on the receivables of the sale of Residential Apartments and for securing the debt provided. Games means Commonwealth Games, 2010 which will be held in Delhi in the year 2010.

1.1.2

1.1.3

1.1.4

1.1.5 1.1.6

1.1.7

1.1.8

1.1.9

1.1.10 Games Period means a period of around seven (7) months, comprising around four (4) months prior to the Games, the period of Games and around two (2) months postGames. 1.1.11 Good Industry Practice means the exercise of that degree of skill, diligence, prudence and foresight in compliance with the undertakings and obligations under this Agreement which would reasonably and ordinarily be expected of a skilled and an experienced person engaged in the implementation, operation and maintenance or supervision or monitoring thereof or any of them of facilities similar to the Project to be constructed, operated and maintained pursuant to the Agreement. 1.1.12 Lenders means the Persons that provide the financing for the Project to the Project Developer pursuant to Financing Agreements.

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1.1.13 Material Adverse Effect means a material adverse effect on (a) the ability of either Party to exercise any of the rights to perform / discharge any of its duties / obligations under and in accordance with the provisions of this Agreement; and/or (b) the legality, validity, binding nature or enforceability of this Agreement. 1.1.14 Material Contract shall mean a contract entered into by the Project Developer in relation to the Project wherein the aggregate payments to be made to or by or the value of the services or commitments to be rendered or received have a value in excess of Rs.5,00,00,000 (Rupees Five Crores Only). 1.1.15 Mock Unit shall mean a Unit to be developed by the Project Developer within 120 days of signing this Agreement, with a purpose to finalize the specifications for the Residential Apartments. 1.1.16 Monitoring Committee means a committee consisting of one (1) representative each appointed by DDA and the Project Developer and an Independent Engineer, who would be any person or agency appointed mutually by the representatives of DDA and the Project Developer in the Monitoring Committee for the purposes of the Project Development Agreement. 1.1.17 Performance Security means the bank guarantee to be provided by the Project Developer to DDA as set out in Clause 6. 1.1.18 Permissible Security Creation shall have the meaning assigned to it in Clause 8.9. 1.1.19 Preliminary Notice means the notice of intended Termination by the Party entitled to terminate this Agreement to the other Party setting out, inter alia, the underlying Event of Default. 1.1.20 Project means complete construction and development of the ready-to-use Residential Facility at the Project Site under a public private partnership model wherein the Project Developer pays an upfront bid amount to DDA and DDA transfers the 50% of the Residential Apartments along with the rights in the undivided underlying land for onward transfer to the individual buyers by the Project Developer. 1.1.21 Project Completion Date means the date when all Residential Facility is completely developed in all respects (including landscaping), technically fit to be occupied and ready-to-use/ liveable, with no pending construction, unfinished work, construction equipments, debris, construction material, etc. on the Project Site and certified in writing by the Monitoring Committee. 1.1.22 Residential Apartments means all types of Units and includes all associated facilities/ amenities with the Unit, like parking, kitchen garden. It further includes rights to use the Common Facilities. 1.1.23 Residential Facility means all Units, building blocks, common areas, parking bays, roads, parks, landscaping etc. and other associated facilities like sewerage, water, power, internet, telephone arrangements etc. at the Project Site. 1.1.24 Residents Welfare Association means a Committee comprising of representatives from the owners of all the Residential Apartments, initially including the Project Developers and DDAs one representative each.

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1.1.25 Schedule means any Schedule to this Agreement. 1.1.26 Subcontractor means any person to whom any part of the construction and/or marketing activity related to the Project has been subcontracted by the Project Developer. 1.1.27 Termination means the termination of this Agreement pursuant to Termination Notice given by either Party to the other Party or otherwise in accordance with the provisions of this Agreement but shall not, unless otherwise required, include expiry of this Agreement due to the fulfillment of all the rights and obligations of the Parties. 1.1.28 Termination Notice means the termination notice given pursuant to Clause 12.2(c). 1.1.29 Termination Date means the date specified in the Termination Notice as the date on which Termination occurs. 1.1.30 Termination Payment means the payments payable pursuant to Clause 12.2(f) of this Agreement. 1.1.31 Unit means a separate/ independent arrangement of bedrooms, drawing/ dining room(s), bathroom(s), kitchen(s), common area etc. 1.1.32 Vacant Possession means delivery to the Project Developer, of possession of the lands constituting the Project Site free from all encumbrances and the grant of all easementary rights and all other rights appurtenant thereto. 1.1.33 Working Day means any day of the week when DDA is fully functional. 1.2 Interpretation (i) Unless the context otherwise requires reference in the Agreement to the Project Developer includes reference to its Subcontractors and their respective Affiliates, agents and employees. In this Agreement, unless the context otherwise requires: (a) (b) (c) words denoting the singular shall include the plural and vice versa; heading and bold type face are only for convenience and shall be ignored for the purposes of interpretation; reference to any legislation or law or rules or to any provision thereof shall include references to any such law as it may, after the date of this Agreement, from time to time be amended, supplemented or re-enacted; references to the word include or including shall be construed without limitation; references to this Agreement or to any other agreement or deed or other instrument shall be construed as a reference to such agreement, deed, or other instrument as the same may from time to time be amended, varied, supplemented or novated; a reference to a Clause or Schedule is, unless indicated to the contrary, a reference to a Clause or Schedule to this Agreement; and the Schedules to this Agreement form part of this Agreement and will be in full force and effect as though they were expressly set out in the body of this Agreement.

(ii)

(d) (e)

(f) (g)

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1.3

Priority of Documents The documents forming this Agreement are to be taken as mutually explanatory of one another. They shall have priority in the following order: (a) this Agreement (including the Schedules); (b) Letter of Intent issued by DDA to the Project Developer pursuant to the evaluation of the Project Developers technical Proposal and financial bid submitted in response to the Request for Proposal issued by DDA; (c) Request for Proposal issued by DDA; (d) the Project Developers technical Proposal and financial bid submitted in response to the Request for Proposal issued by DDA; and (e) Request for Qualification issued by DDA. If there is any inconsistency or discrepancy between this Agreement and any of the documents set out in Clause 1.3 (b) to (e), then the Project Developer shall identify the same and bring the inconsistency or discrepancy to the attention of DDA. DDA may on becoming aware of any such inconsistency or discrepancy issue instructions resolving the inconsistency or discrepancy and directing the Project Developer as to how to proceed. The Project Developer shall comply with the instructions and directions issued by DDA in this respect.

1.4

Hidden Treasure If during the excavation of the Project Site, the Project Developer discovers any coins or any articles of value or of public interest or any fossils, mines, minerals, gold mines, and quarries the same shall belong to the President of India and shall be handed over to the officer nominated by the President of India or DDA.

2. 2.1

Project Site DDA, the owner of the Project Site, hereby grants to the Project Developer, Development Rights for 11 hectares of Project Site located at off National Highway 24, adjacent to Akshardham Temple at Noida Crossing and described in greater detail in Schedule I to this Agreement and the Project Developer shall develop the same, for constructing the Residential Apartments for residential accommodation meeting the Final Technical Project Requirements as explained in the RFP document and specified in Schedule II to this Agreement, which would be first used in accordance with the terms of this Agreement, for the purposes of housing the athletes and teams participating in the Commonwealth Games and then their possession shall be handed over to the persons that would have purchased them from the Project Developer or to DDA or to the persons that would have purchased from DDA. In this regard, DDA shall enter into a power of attorney in the format specified in Schedule IV with the Project Developer to grant it the right to undertake and implement the Project in accordance with the terms and conditions contained in this Agreement. DDA hereby declares that they have not entered into with any person or person agreement to sell or lease or created any third party rights/interest in favour of any person of persons in respect of the Project Site. Project Development

2.2

3.

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3.1

The Project Developer shall undertake to develop the Project Site and construct such capacity of residential accommodation and meeting such specifications and requirements as are specified in greater detail in Schedule II to this Agreement. The Project Developer shall develop the Residential Facility at the Project Site within the time frames as set out in greater detail in Schedule III to this Agreement. The Parties expressly agree that during the course of the development of the Project Site, DDA may ask the Project Developer to carry out certain additions to the specifications for the Residential Apartments. The cost for undertaking such additional requirements shall be borne by DDA. The Project Developer shall undertake such additional requirements on mutually agreed terms and conditions. In the event the Project Developer refuses to construct such additional requirement, then DDA shall be entitled to construct such additional requirements on its own or through any third party. The Project Developer shall adhere to the Project Milestones within the timelines as specified in Schedule III to this Agreement. It will submit monthly progress reports to DDA/ Monitoring Committee to apprise of the development of the Project in line with the specifications and said Project Milestones. The Project Developer shall not amend the Project Milestones as prescribed in Schedule III without the prior written consent of DDA. In the event the Project Developer fails to adhere to the Project Milestones, as identified in Schedule III then DDA may in its sole discretion exercise any of the options as set out in clause 3.6. The Monitoring Committee will monitor the progress of the Project vis--vis the prescribed Project Milestones as specified in Schedule III to this Agreement. Monthly reports on the progress of the Project shall be prepared by the Independent Engineer based on the reports submitted by the Project Developer and submitted to DDA/ Monitoring Committee. The first report shall cover the period up to the end of the calendar month after the calendar month in which the Commencement Date occurred; reports shall be submitted monthly thereafter, each within seven (7) days of the last day of the month to which it relates. Reporting shall continue until the Monitoring Committee issues the completion certificate for the Project. Each report shall include: (a) an executive summary; (b) charts showing the status of construction; (c) for the construction of each main part of the Project, the extent of progress (both quantity and percentage of the whole), the actual or expected dates of commencement, anticipated completion date of the activity; (d) safety statistics, including details of any hazardous incidents, accidents and activities relating to environmental aspects and public relations; (e) comparisons of actual and planned progress, with details of any aspects which may jeopardise the completion in accordance with the Agreement, and the measures being (or to be) adopted to overcome such aspects; (f) details of any unresolved disputes and claims; and (g) such other reports as may be required by the Monitoring Committee or DDA, as the case may be. In the event an accident occurs at the Project Site on account of undertaking the development of the Project, the Project Developer shall forthwith take all remedial actions, at his risk and cost, so as to undertake the development of the Project without any delay. The Project Developer shall report to DDA details of any accident as soon as possible. Provided always in the event a fatal or serious injury occurs at the Project

3.2

3.3

3.4

3.5

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Site, the Project Developer shall notify DDA about the same within 7 days of such injury. The entire civil and criminal liability and responsibility for such accident will be of the Project Developer and not of DDA. 3.6 In the event, the periodical compliance report of the Independent Engineer/ Monitoring Committee/ DDA indicates non-compliance or persistent delay in completion by the Project Developer of the Project or if the Project Developer fails to rectify the defects in the Project as identified by the Independent Engineer/ Monitoring Committee/ DDA within the prescribed time frames during the Defect Liability Period, DDA shall have the following options: i. ii. iii. iv. levy liquidated damages at the rate as specified in Schedule III for each day of delay from the specified Project Milestones; and/or complete the Project with assets on the Project Site and recover the costs from the Project Developer; and/or invoke the Performance Security (as defined in Clause 5); and/or terminate the Project Development Agreement.

DDA may at its sole and absolute discretion exercise any one or more of the options set out in this clause. 3.7 In case of any sub-contracting by the Project Developer, the Project Developer is liable to notify the same to DDA in writing within 7 days of such sub-contracting. In case of any objection to such sub-contracting by DDA, DDA shall intimate the Project Developer within 7 days of such notification. The Project Developer then needs to give effect to DDAs objections, which may include change of sub-contractor, modification of terms and conditions of sub-contracting etc, within 30 days of such intimation. Any such sub-contracting shall not however, relieve the Project Developer from any liability or obligation under the Project Development Agreement and is shall be responsible for the acts, defaults and neglects of Sub-Contractor, its agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Project Developer itself. The Project Developer shall ensure that all subcontracts are made in writing. For the avoidance of doubt, it is hereby clarified that notwithstanding the appointment of a contractor by the Project Developer for any of the aforesaid purposes, the Project Developer shall be liable for the performance of its duties and for the discharge of all its obligations and responsibilities which it shall have towards DDA under this Agreement and the appointment of contractor(s) for any of the aforesaid purposes shall neither release nor exonerate the Project Developer from its obligations hereunder, including full and timely compliance with the terms of this Agreement. The Project Developer does hereby also agree and acknowledge that it shall remain responsible for obligations performed or to be performed by the contractor to the same extent as if such obligations were to be always performed by the Project Developer. The Project Developer shall obtain, co-ordinate and submit to the Independent Engineer for his information all details (including details of work to be carried out off the Project Site) from Subcontractors. The Project Developer shall be responsible for the locations of their work or materials, in order to ensure that there is no conflict with the work of other Subcontractors, Developer or other contractors. The Project Developer further undertakes and covenants that it shall be solely responsible for all payments to be made to the contractors and shall indemnify and keep DDA indemnified and harmless from and against any and all losses, claims, damages, liabilities, costs (including attorneys fees and disbursements) and expenses that DDA may incur, insofar as such losses
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3.8

3.9

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directly arise out of, in any way relate to, or result from the non-performance by the Project Developer of its obligations to the contractors, sub-contractors, their labor, employees, servants including compensation, cost or damages to them and nonpayment of any monies to such parties. 3.10 The Project Developer acknowledges and undertakes to ensure that the terms of any contract between the Project Developer and the contractors and/or any Material Contracts shall be in conformity with the provisions of this Agreement. The Project Developer shall latest within 7 days of executing any Material Contract in relation to the Project, notify and provide DDA with a copy of such Material Contract for its review. In the event of any conflict between such Material Contract and this Agreement, the provisions of this Agreement shall prevail. In case DDA has any objection to such Material Contract, DDA shall intimate the Project Developer within 7 days of such notification. The Project Developer then needs to give effect to DDAs objections, which may include modification of terms and conditions of the contract etc, within 30 days of such intimation. The Project Developer shall completely develop the Project by April 1, 2010. The date of completion of the Project will be deemed to be the date when all Residential Apartments are completely developed and are technically fit to be occupied including all other associated facilities and amenities and a completion/ occupancy certificate in this regard has been obtained NDMC/ MCD and DDA. The Project Developer shall handover the Residential Facility to DDA at the commencement of the Games Period. Furnishing, fixtures and furniture specified in Schedule V shall be provided by DDA at their own expense and risk and these will be removed/ disposed by them after the Games. The Project Developer will allow/ coordinate with DDA in removing such furnishings, fixtures and fitting and provide all assistance to DDA in this regard. The Project Developer shall provide DDA with all the detailed drawings, designs and layout plans as soon as the same are available in hand and the soft copy (Auto CAD) format. All the drawings, designs and layout plans prepared by the Project Developer will be the property of DDA and the intellectual property rights of the same shall rest with DDA. The Project Developer shall submit to DDA As Built Drawings in hard and the soft copy (on Auto CAD) format within 30 days of the Project Completion Date. The Project Developer shall ensure full compliance with the provisions under all labour laws and regulations such as Payment of Wages Act, 1936, Minimum Wages Act, 1948, Owners Liabiblity Act, 1938, Payment of Gratuity Act, Provident Fund Act, Workmens Compensation Act, 1923, Industrial Disputes Act, 1947, Maternity Benefit Act, 1961, Contract Labour (Regulation and Abolition) Act, 1970, Factories Act, 1948, Inter-state Migrant Workmen (Reulation of Employment and Conditions of Service) Act, 1979, Child Labour (Prohibition and Regulation) Act, 1986 and Model Rules framed by the Government of local bodies from time to time. The Project Developer shall assume responsibility for an indemnity to the Authority against all expenses, liability or payment by reason of the application of any Labour Laws, Acts, Rules or Regulations existing or which may be introduced at a future date during the currency of the Agreement. Project Roles and Responsibilities

3.11

3.12

3.13

3.14

4.

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Notwithstanding anything contained in this document, following are the roles and responsibilities of both the parties, DDA and the Project Developer in addition to the roles and responsibilities mentioned elsewhere in this document: a. Project Developers Roles and Responsibilities The Project Developer shall pay an Upfront Payment to DDA as quoted by him in its financial bid. i. The payment shall be divided in the following 3(three) components: Bid Security paid by the Project Developer along with his Technical Proposal within the time period specified under the Request for Proposal document issued by DDA with respect to the Project. Earnest Money Deposit, equivalent to 25% of the quoted Upfront Amount (after adjusting the Bid Security), paid by the Project Developer within the time period specified under the Request for Proposal document issued by DDA with respect to the Project. Balance payment, minimum of 75% of the quoted Upfront Amount shall be paid by the Project Developer before signing this Project Development Agreement. Considering this Project being of national importance, no application for extension of this deadline shall be entertained. Payment of this 75% amount shall be a condition precedent to the signing of the Project Development Agreement. In case of failure of the Project Developer to pay this amount, the Bid Security as well as the Earnest Money Deposit will be forfeited by DDA and DDA shall have the right to proceed for this Project with the next highest financial Bidder. ii. All the payments shall be made by way of a crossed demand draft which should be drawn in favor of Delhi Development Authority, payable on any scheduled bank at New Delhi. iii. The Reserve Price for the Upfront Bid Amount is Rs.300,00,00,000/- (Rupees Three Hundred Crores Only). b. DDAs Roles and Responsibilities After the complete development of the Residential Facility by the Project Developer to the satisfaction of DDA and after obtaining completion certificate in that regard from the concerned regulatory authority, DDA shall transfer the land underneath the 50% of the developed Residential Apartments (i.e. 50% of the dwelling units only excluding all other facilities, for eg. commercial, institutional) to be identified for transfer to the Project Developer, for onward transfer to the individual buyers by the Project Developer in accordance with the terms, conditions and covenants contained in this RFP document, the Project Development Agreement and the Conveyance Deed, to be executed by DDA after completion of the Project and post the Games Period. The entire Project Site except the land under 50% of the Residential Apartments, as stated above, will remain vested in DDA free from all encumbrances who may deal with it as it deems fit, without any claim of compensation, cost or expenses of any type from the Project Developer. The Residential Apartments to be made available to the Project Developer by DDA shall be decided in per the following manner: i. Developer shall prepare a Mock Unit and get it approved by DDA and Monitoring Committee and finalise the specifications to be used in all the Residential Apartments ii.DDA shall allocate the Project Developers 50% share of the Residential Apartments on the basis of lottery drawn by the Monitoring Committee in the presence of representatives of DDA and the Project Developer within 9 months from the date of signing of Project Development Agreement, subject to the
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achievement of all the Project Milestones in this period. The lottery shall be drawn on the basis of two equal parts of the Residential Apartments, including the Units, underground as well as surface parking (net of common parking for visitors as per Clause 4.10.2), kitchen garden etc., as provided by the Project Developer. 5. Monitoring Committee 5.1 Monitoring Committee shall consist of 1 (one) representative each appointed by DDA and the Project Developer and an Independent Engineer, who would be any person or agency appointed mutually by the representatives of DDA and the Project Developer in the Monitoring Committee for the purposes mentioned in this RFP and the Project Development Agreement. 5.2 Progress review meetings shall be held from time to time and at such venue as may be decided by the Monitoring Committee. The Progress Reports, as submitted in accordance with Clause 4.4.2, and other matters needing clarifications/decisions will be discussed during these meetings. The Monitoring Committee shall record the minutes of these meetings, which shall be accepted and signed by authorized representatives of the Project Developer. 5.3 The Monitoring Committee may assign its right of providing approval/ rejecting on various matters after review of respective submissions by the Project Developer, to an agency nominated by the Monitoring Committee for that purpose. 5.4 The expenses for appointment and monitoring by the Monitoring Committee shall be borne by the individual parties for their representatives (i.e. DDA shall bear the expenses for its representative and the Project Developer shall bear the expenses for its representative). All expenses related to the appointment and monitoring by the Independent Engineer and all other common expenses incurred by the Monitoring Committee shall be shared equally between DDA and the Project Developer. 6. Defects Liability Period The Defects Liability Period shall, in regard to a. water-proofing defects be 1 year and b. other defects be 6 months, after the completion of the Games Period. The Project Developer shall, at his own risk and cost, make good, any defects, complete left over work as required by the Monitoring Committee. In the event the Project Developer is unable to remedy the defect within the timelines specified by the Monitoring Committee, penalty computed as per Annex 3, Section B for each day of delay shall be levied by DDA. The Project Developer shall deposit this amount of penalty within 7 days from the date of notification by DDA of such default, failing which DDA has the right to invoke the Performance Security to the extent of the penalty. 7. 7.1 Responsibilities and Undertakings of Project Developer The Project Developer shall be responsible for the following:

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i)

compliance with the specifications and requirements proposed by the Project Developer in its technical proposal as agreed with DDA, stated in Schedule II to this Agreement; constructing and developing the Project within the time schedules as prescribed in Schedule III; architecture, layout and engineering design of the proposed Residential Apartments; development of all the residential buildings and associated infrastructure facilities including internal roads, sewerage disposal facilities and other internal civic infrastructure; supply of all electricity, water, fuel, consumables and any other services required for the purposes of the Project. marketing of its share of the Residential Apartments that are constructed as part of the Project; completion of the entire Project, in accordance with the specifications of this Agreement and applicable laws; maintenance of the infrastructure facilities either directly or through any other party and to levy and charge and collect from the owners of the Residential Apartments so constructed, a maintenance charge for such facilities; keeping unauthorised persons off the Site. Authorised persons shall be limited to the employees of The Project Developer, employees of his Subcontractors, the Lenders or their representatives, and persons authorised by DDA or the Independent Engineer.

ii)

iii)

iv)

v)

vi)

vii)

viii)

ix)

7.2

The Project Developer shall, for the development of the Residential Apartments have requisite organization and designate and appoint suitable officers/ representatives as it may deem appropriate for implementing the Project properly and for carrying out the purposes of this Agreement in accordance with the terms hereof. The Project Developer hereby undertakes that it will not change any member of the project team, which was constituted by the Project Developer for implementing the Project and was mentioned in the Project Developers technical proposal, as mentioned in Schedule II, without the prior written consent of DDA. The Project Developer undertakes: (a) that, subject to the provisions of this Agreement, it shall undertake to construct, erect, assemble and achieve completion of the Project in a manner so as to enable the completion of the Residential Facility no later than April 1, 2010. that, no construction work shall be commenced by Project Developer, unless it has appointed the Project Site engineer who has assumed charge; that it will utilize the Project Site only for the purpose of developing Residential Apartments at least 4 months prior to the start of the Commonwealth Games, 2010 to ensure that such Residential Apartments can be utilized for the Commonwealth Games, 2010.

7.3

(b) (c)

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7.4

The Project Developer shall be deemed to have inspected and examined the Project Site and its surroundings and to have satisfied himself before entering into the Agreement, as to: (a) the form and nature of the Project Site (including, inter alia, the surface and sub-surface conditions and geotechnical factors); (b) the hydrological and climatic conditions; (c) the extent and nature of the work and materials necessary for the execution and completion of the Project; (d) the suitability and the adequacy of the Project Site for the execution of the Project; (e) the means of access to the Project Site and the accommodation the Project Developer may require; (f) availability of building materials, water, power; and (g) the requirements of operation and maintenance; all other factors and circumstances affecting the Project Developer's rights and obligations under this Agreement.

7.5

Direct sale/ transfer of Project Site without construction of corresponding built-up space/ Residential Apartments or Common Facilities by the Project Developer are not permitted, except as provided in Clauses 8.13.3 and 8.13.4. The Project Developer shall at its cost and expense, obtain and maintain, during the construction period of the Project, all such insurances (in addition to those mandated by applicable laws) as may be required by the Lenders of The Project Developer in relation to the Project as per Good Industry Practices. Subject to the provisions of the Financing Documents and unless otherwise provided herein, the proceeds of all insurance policies received shall be promptly applied by Developer towards repair, renovation, restoration or re-instatement of the Residential Apartments or any part thereof which may have been damaged or destroyed. The Project Developer may designate the Lenders as the loss payees under the insurance policies or assign the insurance policies in their favour as security for the financial assistance provided by them to the Project. Without prejudice to the aforesaid, the Project Developer shall at its own cost and expenses, take out and maintain, the following insurance: (a) Within 30 days of signing of this Agreement, for a period commencing from immediate effect and ending on the date of Completion of the Project: Professional Indemnity Insurance for Construction Design (Rs.10,00,00,000) Professional Indemnity Insurance for Construction Supervisors (Rs.2,00,00,000) Employers Liability Insurance (Rs.1,00,000 per person) Construction Performance Bond (5% of the amount of the work contracting contract) Freight Transportation Insurance (110% of the purchase price of insured goods) Completion Delay Insurance (under Freight Transportation Insurance) All-risk Insurance for Construction and Installation Projects (Value of construction contract) Completion Delay Insurance (under All-risk Insurance for Construction and Installation Project)

7.6

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(b)

Third-party Liability Insurance (Rs.5,00,00,000) Construction Machinery and Equipment Insurance (115% of replacement value of construction machinery and equipment) Other customary, reasonable insurances or those requested by creditors

Within 30 days of the date of Completion of the Project: All Risks Property Insurance Equipment Failure and Damage Insurance Third-Party Liability Insurance (Rs.5,00,00,000) Employers Liability Insurance (Rs.1,00,000 per person) Other customary, reasonable insurances or those requested by creditors

The Project Developer shall ensure that each policy taken out under the Project Development Agreement shall be through such Insurers/ Underwriters as approved by DDA specific to that purpose. The Project Developer shall submit a Certificate of Insurance/ Policy Modification to DDA within 5 days of the Insurers/ Underwriters placement/ renewal/ policy modification, evidencing the policies and endorsements. Failure by the Project Developer to obtain the insurance coverage shall not reduce or otherwise affect the Project Developers obligations in respect of this Agreement. The Project Developer shall notify, accompanying full details of the incident giving rise to the claim, DDA within 3 days upon receipt of any claim in excess of Rs.1,00,00,000 (Rupees One Crore Only) in respect of any insurance policies referred above. 7.7 Compliance with Applicable Law (a) The Project Developer shall ensure that the Project is carried out in accordance with applicable law, including but not limited to all laws relating to protection and safeguard of the environment and the laws for preventing and monitoring pollution of environment, and obtain and maintain the Applicable Approvals required for the same. The Project Developer shall, apply and procure all Applicable Approvals in respect of the construction, commissioning and development of the Project immediately on the Commencement Date provided however, any Applicable Approval that is to be provided by DDA shall be granted by DDA upon the application along with all required information, documents, designs, drawings for the same being made in accordance with applicable law by Developer. The Project Developer shall in all matters arising in the performance of the Agreement and the Project comply with, give all notices under, and pay all fees required by, the provisions of all and any laws or by any applicable competent authority. The Project Developer shall obtain all Clearances in good time before they are required and ensure that they are kept in full force and effect. The Project Developer agrees to conduct his activities in connection with this Agreement in such a manner so as to comply with the applicable law and assumes full responsibility for any non-compliance with such measures and undertakes to implement any corrective measures as required.

(b)

(c)

(d) (e)

7.8

The Project Developer shall be solely responsible for arranging all the funds for the construction and development of the Project in accordance with the provisions of this Agreement and in accordance with the Good Industry Practice. DDA confirms that the Project Developer has the full right and authority, without requiring any further consent, authorization or no-objection from DDA, to enter into Financing
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Agreements and obtain Permissible Security Creation. In the event, the Project Developer has to enter into Financing Agreements for arranging funds for the development of the Project, the Project Developer shall execute such agreement within 6 months from the Commencement Date and ensure that all conditions precedent under the Financing Agreements has been complied with within the said period. 7.9 The quality of the project shall be monitored by a third party appointed by DDA for the purpose. DDA shall appoint such third party within 3 months of the date of this Agreement. The Project Developer shall comply with the suggestions and/or instructions of the third party in this regard. A failure to comply with the suggestions and/or instructions of the said third party shall constitute Project Developer Event of Default. The Project Developer, either at Proposal stage or during the development stage shall not employ or attempt to employ any staff from current or past employees including retired employees of DDA in any capacity unless such employee has completed at least two years post retirement/ resignation or had obtained a No Objection Certificate specific to this effect from DDA. It will be the responsibility of the Project Developer to collect the No Objection Certificate from such employee and submit the same to DDA. The Project Developer shall note the requirements as per the minimum specifications for the Project prescribed by Event Knowledge Services, consultants of OC. A written brief of the same will also be made available on the DDA website (http://www.dda.org.in). The Project Developer needs to work/ coordinate with OC/ DDA to make sure that all the Games requirements are met. Common Facilities

7.10

7.11

7.12

7.12.1 The Project Developer shall also develop Common Facilities for the residents of the Residential Facility. 7.12.2 The capital costs incurred by the Project Developer for such development shall be completely borne by the Project Developer only. These costs shall not be adjusted against the interest free security deposits received from the owners of the Residential Apartments. 7.12.3 All the Common Facilities, except convenience shopping and milk-booth, shall be handed-over by the Project Developer to the Residents Welfare Association after the Games Period. The Residents Welfare Association shall subsequently transfer the requisite facilities to the concerned statutory body in due course of time. Deficiency charges, relating to such transfer, shall be paid by the Project Developer to the concerned statutory body at the time of such transfer. In case of default by the Project Developer, DDA shall have the right to invoke the Performance Security to the extent of Rs.5,00,00,000 (Rupees Five Crores Only). 7.12.4 Common Facility of convenience shopping shall be developed and disposed-off by the Project Developer after the Games Period. The Project Developer shall handover the Common Facility of milk-booth back to DDA for appropriate disposal.

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7.12.5 Terms and conditions for sale/ transfer/ usage/ charges like Interest free security deposits, maintenance charges etc for the Common Facilities shall be same for all the owners of the Residential Apartments and also as agreed with DDA. 7.13 Operation and Maintenance

7.13.1 The Project Developer shalls be responsible for maintenance and related operations of the Residential Apartments, and the Common Facilities as determined solely by DDA, during development of the Residential Facility and during the Games Period. All operation and maintenance by the Project Developer will be in accordance with the guidelines of DDA which will be established in conjunction with OC. The Project Developer may do so through its own workforce subject to clearance from the security agencies and the workforce conforming with the requirements of DDA and OC. 7.13.2 Such costs of operation and maintenance shall be borne by the Project Developer only. These costs shall not be adjusted against the interest free security deposits received from the owners of the Residential Apartments. 7.13.3 However, electricity consumption charges levied by BYPL, water consumption charges levied by DJB and fuel expenses for running generators/ DG sets shall be reimbursed on actual basis by DDA. 7.13.4 The Project Developer, at its own cost, shall refurbish the Residential Facility once within 15 days prior to the beginning of the Games Period with two or more coats of paint and also again within 15 days after the end of the Games Period with one coat of paint. 7.13.5 After the Games Period, the entire developed Residential Facility will be operated and managed by a Residents Welfare Association. However, till DDAs share of Residential Apartments are disposed-off by DDA or the end of 6 months, whichever is earlier, the Project Developer shall bear the cost of operation and maintenance of the whole Residential Facility. 7.14 Residents Welfare Association

7.14.1 The Residents Welfare Association shall be a Committee comprising of representatives from the owners of all the Residential Apartments including DDAs share of Residential Apartments. Initially this committee shall comprise of the representatives of the Project Developer and DDA until a Residents Welfare Association is formed by the residents of the Residential Apartment by an election process. 7.14.2 As an initial contribution to the operation and maintenance fund to be kept by the Residents Welfare Association for the purposes of operation and maintenance of the Residential Facility, the Project Developer shall contribute Rs.2,00,00,000 (Rupees Two Crores Only). In case of default on this payment by the Project Developer, DDA shall have the right to invoke the Performance Security to the extent of Rs.2,00,00,000 (Rupees Two Crores Only). This fund shall form a part of, and be named as, the Residents Welfare Association Corpus. Interest free security deposits from the Residential Apartment owners shall form a part of this Corpus. This Corpus shall be used by the Residents Welfare Association only for post-games day-to-day operation and maintenance costs.

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7.15

Parking

7.15.1 The Project Developer shall develop minimum parking bays in accordance with the development norms. 7.15.2 The parking bays should be allocated to DDAs share of Residential Apartments proportionate to the bays for Project Developers share of Residential Apartments after keeing reserved at least 50 car parks for visitors. The Project Developer shall sell the parking bays associated to the Project Developers share of Apartments to the Residential Apartment owners only and not to any outside person/ agency. DDA shall also sell the car parks allocated to its share along with the Residential Apartments. 7.16 Development Norms and Clearances

7.16.1 The Project Developer is be responsible for obtaining necessary clearances, approvals and permits from appropriate authorities as might be required to implement the Project. 7.16.2 Ministry of Environment and Forests (MOEF) has accorded environmental clearance as per the provisions of Environmental Impact Assessment Notification-1994 and its subsequent amendments, subject to strict compliance of the terms and conditions as laid out in the RFP document. The Project Developer will be required to adhere to these terms and conditions, and provide all support to DDA in fulfilling all obligations which DDA has towards environmental clearances, failing which it will be the responsibility of the Project Developer to obtain the necessary approvals from the MOEF. 7.16.3 DDA has also initiated the process for getting Stage-I (initial conceptual) and Stage-II (Project Site specific layout plan and unit designs) clearance(s) from the Delhi Urban Art Commission (DUAC) for the entire Village Area. The same is included as Schedule 1. The Project Developer shall unconditionally adhere to the above for all purposes. 7.16.4 The Project Developer shall obtain all necessary approvals from Municipal and other local bodies including MCD, DJB, Electric Supply Agencies, Police and Security Agencies, Chief Controller of Explosives, Fire Department, Civil Aviation Department, concerned in accordance to prevailing rules, Building Bye-Laws etc., as the case may be. 7.16.5 DDA may, at its discretion and on a written request from the Project Developer assist him in getting the necessary approvals. DDA shall provide the Project Developer with all approvals/ disapprovals within 7 Working Days of the Project Developer submitting the application, or information/ clarification sought by DDA. 7.16.6 The Project Developer shall make the structural design of the Residential Facility based on latest ISI/ BIS Codes with provisions for earthquake resistant measures. 7.16.7 The Project Developer shall get his structural design proof checked by an external Proof Consultant at his own expense and submit the same for approval to DDA with his detailed design. The Proof Consultant shall carry out the calculations ab-initio and give his structural calculations supporting his proof checking. The Proof Consultant

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appointed by the Project Developers shall be one of the following agencies or as may be agreed in writing by DDA: Indian Institute of Technology Central Building Research Institute Structural Engineering Research Centre 7.16.8 The Project Developer shall construct and complete the Residential Facility and the parking complex/ landscape area simultaneously for DDAs as well as its own share of Residential Apartments. The landscape area should clearly define the soft core and hard core landscape areas. The scope of work in the field of landscape should also include the Project Site planning viz-a-viz the services and aesthetics of the Project Site. The landscape component should include the street furniture, lighting and also landscape engineering or the Project Site, the soft core landscape to identify areas for tree plantation and other ornamental plantation of shrubs, ground covers and flowering species. 7.16.9 The delay in submission of applications, drawings, construction plans and compliance of the observations shall be the responsibility of the Project Developer, and any delay in grant of approvals by the aforesaid Government bodies shall not relieve the Project Developer of any of its responsibilities under the Project Development Agreement. 7.16.10 In case the Project Developer violates any of the development norms, including building bye-laws and master plan controls, the Project Developer shall be liable to pay penalty to the concerned government authority/ agency/ DDA as determined under the relevant laws.

8. 8.1

Use of Residential Facilities during Games Period The Residential Apartments and all other facilities on the Project Site including all the open areas shall be used by DDA during the Games Period for the Commonwealth Games, 2010. No activity, except as permitted by the Monitoring Committee, by the Project Developer or any of its Subcontractors shall be allowed at the Project Site during the Games Period. Temporary Overlay Certain facilities, like team offices, service centres may be required for the Commonwealth Games, 2010, will be constructed as temporary overlay by DDA in the common areas like lobbies, parking and the open space including the area for landscaping. The Project Developer shall be required to plan/ coordinate/assist in the same, including but not limited to providing connectivity for water, electricity, telephone, internet. The Project Developer shall provide for such connectivity with appropriate capacity/load till the point from where final distribution to the independent temporary units begins. The said temporary overlays shall be constructed and removed by DDA at its own expenses. DDA would bear all the costs of any damages caused to the Residential Apartments owned by the Project Developer on account of the construction of such temporary overlays as assessed by the Monitoring Committee.

8.2 i.

ii.

iii.

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9. 9.1

Other Conditions Marketing and Pricing The Project Developer will be entitled to identify potential buyers and receive consideration its share of Residential Apartments before the Games Period. However, the possession of the Residential Apartments to the purchasers shall be handed over only after the Games Period. The Project Developer shall have the total and exclusive rights for marketing of its share of the Residential Apartments that are made as part of the Project to both domestic and/or overseas parties either by itself or through agencies without any restrictions or interference from any parties or any organizations or any governmental bodies or otherwise. However, the Residential Facility shall be named as Commonwealth Games Village only, for all purposes. It shall also be the responsibility of the Project Developer to ensure that the names/ brands of its suppliers/ vendors are not used in any manner whatsoever which is in conflict with the branding/ sponsorship rights during the Games Period. The Project Developer shall intimate to DDA latest within 7 days of any such branding/ naming. In case, DDA objects to the same, the Project Developer shall within a period of 7 days of such objection by DDA re-brand/ rename in consultation with DDA. The terms of sale of built up areas to allotees shall be at the sole and exclusive discretion of the Project Developer, subject always to the terms, conditions and covenants of this Agreement, the Conveyance Deed provided by DDA and applicable laws.

9.2

DDA shall transfer the land underneath the 50% of the developed Residential Apartments (i.e. 50% of the dwelling units only excluding all other facilities, for eg. commercial, institutional) to be identified for transfer to the Project Developer, for onward transfer to the individual buyers by the Project Developer in accordance with the terms, conditions and covenants contained in this RFP document, the Project Development Agreement and the Conveyance Deed, to be executed by DDA after completion of the Project and post the Games Period. The Project Developer hereby agrees to sign the Conveyance Deed in the format provided by DDA. The possession of the Residential Apartments would be given to the purchasers only after the Games Period. The Project Developer hereby agrees and undertakes to inform all the parties interested in purchasing the Residential Apartments upfront that the possession of and freehold rights in the Residential Apartments shall be handed over to them only after the Games Period. In the event, the Project Developer fails to communicate the same to the interested purchasers and consequently any claim or action is initiated by such third party, the same shall be borne by the Project Developer and the Project Developer shall keep DDA fully indemnified against all such claims and costs. The Project Developer shall ensure that the potential buyers identified by the Project Developer and/ or the eventual buyers of the Residential Apartments shall not own any residential house/ apartment/ flat/ unit or plot in full or in part on leasehold or freehold basis in Delhi/ New Delhi/ Delhi Cantonment either in his own name or in the name of his/ her wife/ husband or in the name of his/ her minor or dependent children. If however, individual share of the applicant in the jointly owned plot or land under the residential house/ apartment/ flat/ unit is less than 66.9sq.m. he/ she can apply under this scheme. A person who has already been allotted a house/ apartment/ flat/ unit constructed by DDA or any other land owning department even if it is less than 66.9sq.m. shall also be covered under this restriction. DDA will sell-off its share of Residential Apartments only post-Games Period and may do so by way of a public auction.

9.3

9.4

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9.5

Till the time DDA is able to sell its share of Residential Apartments in part or in full, DDA as well as the Project Developer shall be bound by the maintenance terms laid down by the Residents Welfare Association. Covenant Of Non-Interference Non Interference by DDA DDA covenants with the Project Developer that DDA or any of its officers, employees or workmen shall not, at any time, during the period of development of the Project interfere with or obstruct in the development of the Project and in any matter in relation to or connected therewith. DDA agrees that any technology that may be employed by the Project Developer in the development of the Residential Facility would be proprietary technology obtained under specific license and DDA, hereby undertakes that it shall not violate or cause a breach of the license arrangements of the Project Developer for such technology if it is internationally accepted and time tested. Site Visits DDA shall have the right to send duly authorized representatives, including OC, CGF, any foreign delegation, to visit the Project Site, during the construction is in progress, provided however, these representatives shall not interfere with or prevent Project Developers officials from discharging their functions and further DDA representatives will abide by the safety and other regulations (including but not limited to regulations limiting movement of personnel) put in place by the Project Developer at the Project Site.

10. 10.1 (a)

(b)

10.2

11. 11.1

Events Of Default And Termination Events of Default Events of Default shall mean the Project Developer Event of Default as the context may admit or require (Event of Default). Project Developer Event of Default Any of the following events shall constitute an Event of Default by the Project Developer (Project Developer Event of Default) unless such event has occurred as a result of a Force Majeure Event: (i) The Project Developer has failed to achieve completion within the time period set out in this Agreement. The Project Developer is in material breach of any of its obligations under this Agreement and the same has not been remedied for more than sixty (60) days. A resolution for voluntary winding up has been passed by the shareholders of the Project Developer.

(ii)

(iii)

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(iv)

Any petition for winding up of the Project Developer has been admitted and liquidator or provisional liquidator has been appointed or Developer has been ordered to be wound up by Court of competent jurisdiction, except for the purpose of amalgamation or reconstruction, provided that, as part of such amalgamation or reconstruction and the amalgamated or reconstructed entity has unconditionally assumed all surviving obligations of the Project Developer under this Agreement. The Project Developer has abandoned the Project. The Project Developer has failed to achieve the Project Milestones for a delay of 3 months or more within the time periods as specified in Schedule III. Any representation made or warranty given by the Project Developer under this agreement is found to be false or misleading. The Project Developer failed to adhere to the Final Technical Project Requirements as specified in Schedule II. The Project Developer fails to comply with the suggestions and/ or instructions of the third party appointed by DDA for the purpose of quality monitoring.

(v) (vi)

(vii)

(viii)

(ix)

11.2 (a)

Termination due to Event of Default Termination for Project Developer Event of Default (i) Without prejudice to any other right or remedy which DDA may have in respect thereof under this Agreement including but not limited to invoking the Performance Security and subject to the existing rights of the lenders, upon the occurrence of a Project Developer Event of Default, DDA shall be entitled to terminate this Agreement in the manner as set out below. If DDA decides to terminate this Agreement pursuant to preceding Sub-Clause (i), it shall in the first instance issue Preliminary Notice to the Project Developer. Within thirty (30) days of receipt of the Preliminary Notice, the Project Developer shall submit to DDA in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (Project Developers Proposal to Rectify). In case of non-submission of the Project Developers Proposal to Rectify within the said period of thirty (30) days, or submission if found unsatisfactory by DDA after giving a due chance of being heard to the Project Developer within seven (7) days, DDA shall be entitled to terminate this Agreement by issuing Termination Notice, if subsisting. If the Project Developers Proposal to Rectify is submitted within the period stipulated therefore, the Project Developer shall have further period of thirty (30) days to remedy/cure the underlying Event of Default. If, however the Project Developer fails to remedy/cure the underlying Event of Default within such further period allowed DDA shall be entitled to terminate this Agreement subject always to the provisions of Clause 11.2, by issue of Termination Notice, if subsisting.

(ii)

(iii)

(b)

Termination Notice

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If a Party having become entitled to do so decides to terminate this Agreement pursuant to the preceding Sub-Clause (a) or (b), it shall issue Termination Notice setting out: (i) in sufficient detail the underlying Event of Default; (ii) the Termination Date which shall be a date occurring not earlier than sixty(60) days from the date of Termination Notice; (iii) the estimated termination payment including the details of computation thereof; and (iv) any other relevant information. The Parties hereby agree that any Termination Notice shall also be sent to all lenders by registered post/courier and a public notice of default of the Project Developer and/or DDA in leading daily newspaper (of both English and the prevalent local language) of the city. (c) Obligation of Parties Following issue of Termination Notice by either Party, the Parties shall, subject to the provision of the Financing Documents and the rights of the Lenders provided therein, promptly take all such steps as may be necessary or required to ensure that: (i) until Termination the Parties shall, to the fullest extent possible, discharge their respective obligations so as to maintain the continued operation of the Project; (ii) the Termination Payment, if any, payable by DDA in accordance with the following sub-clause (f) is paid to the Project Developer on the Termination Date; and (iii) the Project is handed back to DDA by the Project Developer on the Termination Date along with any payment that may be due by the Project Developer to DDA. (d) Withdrawal of Termination Notice Notwithstanding anything inconsistent contained in this Agreement, if the Party who has been served with the Termination Notice cures the underlying Event of Default to the satisfaction of the other Party at any time before the Termination occurs, the Termination Notice shall be withdrawn by the Party which had issued the same. Provided that the Party in breach shall compensate the other Party for any direct costs / consequences occasioned by the Event of Default which caused the issue of Termination Notice. (e) Termination Payments Upon Termination of this Agreement on account of Project Developer Event of Default, DDA shall forfeit the Upfront amount paid by the Project Developer to DDA and shall be entitled to invoke the Performance Security and shall not be liable to pay any termination payment to the Project Developer, but shall be liable to discharge or take over the debt due to the Lenders under the Financing Agreements and the Project Developer shall be obligated to transfer the Project together with the encumbrances created in favour of the Lenders under the Financing Agreements. 11.3 Rights of DDA on Termination Upon Termination of this Agreement and after the Project Developer has received all the payments due from DDA under this Agreement, DDA shall have the power and authority to:

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(i) (ii)

enter upon and take possession and control of the Project ; and prohibit the Project Developer and any person claiming through or under the Project Developer from entering upon / dealing with the Project.

11.4

Accrued Rights of Parties Notwithstanding anything to the contrary contained in this Agreement, any termination 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. The rights and obligations of either Party under this Agreement, including without limitation those relating to the Termination Payment, shall survive the Termination but only to the extent such survival is necessary for giving effect to such rights and obligations.

12. 12.1

Representations, Warranties and Covenants The Project Developer hereby represents, warrants and covenants to DDA for itself that (Project Developer Warranties):

12.1.1 The Project Developer has been duly incorporated and organized, and is validly existing and in good standing, under applicable law. The Project Developer has the corporate power and authority to own and operate its assets and properties and to carry on its business as currently conducted and proposed to be conducted. 12.1.2 The copies of the charter documents (having attached thereto copies of all such resolutions as are by applicable law required to be attached thereto and all amendments made to date) that have been delivered to DDA are true, accurate and complete. All legal and procedural requirements and other formalities concerning such charter documents have been duly and properly complied with in all material respects. 12.1.3 The Project Developer has the legal right, power and authority to execute, deliver and perform this Agreement. All action on the part of the Project Developer and all corporate action on the part of the board of directors of the Project Developer for the authorisation, execution, delivery of and the performance of all obligations of the Project Developer have been taken. 12.1.4 There is no change in the shareholding of the Project Developer and that it expressly warrants that the minimum shareholding requirements stipulated in the RFP documents shall be adhered to. 12.1.5 No consent, approval, order or authorisation of, or registration, qualification, designation, declaration or filing with, any Governmental Authority or any other person is required in connection with the execution and delivery of this Agreement. 12.1.6 This Agreement when executed is valid and would constitute the binding obligations of the Project Developer enforceable against the Project Developer in accordance with their respective terms. This Agreement is, and when executed be, the valid and binding obligation of the Project Developer, enforceable against the Project Developer in accordance with its terms except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganisation, moratorium or similar laws affecting creditors rights generally. As of date, as regards the Project Developer, there is no applicable bankruptcy, insolvency, reorganisation, moratorium or similar laws affecting creditors rights generally.

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12.1.7 The execution and delivery by the Project Developer of this Agreement and the performance by the Project Developer of its respective obligations under this Agreement do not and will not: (a) Constitute a breach of or a default under any charter document of the Project Developer. Result in a breach of, or constitute a default under, any contract to which The Project Developer is a party or by which it is bound. Result in a violation or breach of or default under any applicable law or regulation or of any order, judgement or decree of any Governmental Authority to which the Project Company is a party or by which the Project Developer is bound.

(b)

(c)

12.1.8 No order has been made and no resolution has been passed for the winding up of the Project Developer or for a provisional liquidator to be appointed in respect of the Project Developer and no petition has been presented and no meeting has been convened for the purpose of winding up the Project Developer. No receiver has been appointed in respect of the Project Developer or all or any of its assets. The Project Developer is not insolvent or unable to pay its debts as they fall due. 12.2 DDA represents and warrants to the Project Developer for itself that (DDA Warranties):

12.2.1 DDA has not entered into any other agreement, contract, transaction, arrangement or understanding in relation to the development of the Project with any third party, or the sale, lease assignment, or other disposition in whole or in part in respect of the Project Site other than the disclosed herein. 12.2.2 The statement contained in the recitals to this agreement is true, correct, and accurate in all respects. 12.2.3 This Agreement when executed shall be valid and would constitute the binding obligations of DDA and would be enforceable against DDA in accordance with respective terms. 12.2.4 The execution, delivery and performance of this Agreement by DDA will not: (a) (b) Violate any provision of the organizational documents of DDA. Conflict with or result in any material breach or violation of any of the terms and conditions of, or constitute (or with notice or lapse of time or both constitute) a default under, any agreement to which DDA is a party or by which DDA is bound. Violate any court order, judgment, injunction, award, decree or writ against, or binding upon, DDA or upon its securities, properties or business. Violate any law or regulation of India.

(c)

(d) 13.

Indemnity

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13.1

The Project Developer agrees to indemnify and hold harmless DDA and its managers, officers, directors and employees (each a DDA Indemnified Party) promptly upon demand at any time and from time to time, from and against any and all losses, claims, damages, liabilities, costs (including reasonable attorneys fees and disbursements) and expenses (collectively, Losses) to whsich DDA Indemnified Party may become subject, insofar as such Losses directly arise out of, in any way relate to, or result from (i) any mis-statement or any breach of any representation or warranty made by the Project Developer or (ii) the failure by the Project Developer to fulfill any agreement, covenant or condition contained in this Agreement, including without limitation the breach of any terms and conditions of this Agreement by any employee or agent of the Project Developer or (iii) any claim or proceeding by any third party against DDA arising out of any act, deed or omission by the Project Developer or (iv) claim filed by a workmen or employee engaged by the Project Developer or a Sub-Contractor for carrying out any work at the Project Site or (v) claims for damages which may be caused to any workman, to any adjoining building or property or any other premises or persons as a result of the Project or in consequence of the execution of the Project. For the avoidance of doubt, indemnification of Losses pursuant to this Section 14 shall be made in an amount or amounts sufficient to restore each DDA Indemnified Party to the financial position it would have been in had the Losses not occurred. Any payment made under this Agreement pursuant to an indemnity or claim for breach of any provision of this Agreement shall be net of applicable Taxes. Force Majeure None of the parties hereto shall be liable for any delay or failure to perform any of its obligations set forth herein if such delay or failure has been caused by force majeure events. If either party considers the event of the force majeure to be of such severity or to be continuing for such period of time that it effectively frustrates the original intent of this Agreement, this Agreement may be terminated thirty days after giving of written notice to the other party. However, DDA may provide extension to the extent of 7 Working Days to the Project Developer to cover-up the delay/ failure or to fulfill its obligations.

13.2

14.

15. 15.1

No Assignment Without prior consent in writing of DDA, which DDA shall be entitled to decline without assigning any reason whatsoever, the Project Developer shall not assign this Agreement nor shall the Project Developer create nor permit to subsist any encumbrance over or otherwise transfer or dispose-off all or any of its rights and benefits under this Agreement. However, the restraint under clause 15.1 above shall not apply to Liens or encumbrances required/ arising by operation of any applicable law in the ordinary course of business of the Project. Dispute Settlement The Parties hereby agree that in relation to all other disputes arising between the parties in relation to the implementation of the Project, shall be settled by the Vice Chairman of DDA, whose decision on such matters shall be final and binding.

15.2

16.

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17. 17.1

Governing Law and Jurisdiction This Agreement shall be governed, construed, interpreted and given effect to according to the laws of India. This Agreement shall be subject to the jurisdiction of the courts of Delhi. Notices Unless otherwise stated, all notices, approvals, instructions and other communications for the purposes of this Agreement shall be given in writing and may be given by facsimile, by personal delivery or by sending the same by prepaid registered mail addressed to the Party concerned at its address stated in the title of this Agreement or the fax numbers set out below and/or any other address subsequently notified to the other Parties for the purposes of this Section 20 and shall be deemed to be effective (in the case of registered mail) 10 calendar days after posting, (in the case of facsimile) two Working Days after receipt of a transmission report confirming despatch or (in the case of personal delivery) at the time of delivery:

17.2 18.

18.1

If to DDA: Address Telephone Fax Attention : : : : [___] [___] [___] [___]

18.2

If to the Project Developer: Address Telephone Fax Attention : : : : [___] [___] [___] [___]

Such notices and other communication duly given shall be deemed to be effective if given by personal delivery, upon such delivery; or if sent by facsimile upon the next Working Day after sending thereof, or if sent by certified or registered mail, upon delivery or the twelfth (12) Working Day following the date of dispatch thereof, whichever is earlier. Any change in the address of any Party shall be given in the same manner provided for in this Clause. 19. Expenses All expenses like stamp duty, registration charges etc., in relation to this Agreement shall be borne by the Project Developer. IN WITNESS WHEREOF the parties to this Agreement have signed and agreed to deliver on this day of ___ of ____ 2007 For DDA For [insert Developer] name of proposed Project

(Authorized Signatory)

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Date: In the presence of: (a) (b)

(Authorized Signatory) Date: In the presence of: (a) (b)

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Schedule I: Project Site Map, Initial Conceptual Design and Unit Design

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Schedule II: Development Specifications and Requirements as agreed with DDA i. Conceptual Design, including a. Broad Project Development Plan b. Detailed Activity Chart with proposed Milestones c. Environment Compliance Plan d. Area Management Plan e. Indicative Unit Drawings ii. Quality Management Plan, including a. PERT chart b. Corporate Quality Policy Document c. Outline Quality Plan d. Quality, technical specifications and type of materials to be used iii. Project Control System including Work Breakdown Structure iv. Project Team, including a. Architect, including Landscape Architect b. Technical Consultant c. Structural Consultants/ Proof Checking Consultants d. Services Engineer e. Electrical/ Mechanical/ HVAC Consultants f. Plumbing Consultants g. Project Manager v. Final Technical Project Requirements

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Schedule III:

Project Milestones Time from the date of signing of Project Development including all

Milestone. Milestone No.

Agreement

holidays/ Sundays 1 Foundation Work (including Plinth Level) upto Plinth Level for 50% Blocks and Mock Unit completion 2 Structure work upto G+4 level, with associated electrical works + Foundation work including Plinth Level for rest of the blocks 3 Structure Work upto terrace level, with associated electrical works and B.W. upto G+4 level 4 Completion of brick work upto terrace level and internal plaster, flooring, etc. for 5 levels, with associated electrical works 5 Completion of flooring and finishing, with associated electrical works of all blocks all levels upto terrace level 6 7 External finish of all blocks and all levels Completion of all electric work including lifts, E.S.S etc and completion of U.G.R./ Pump Rooms/ Lifts/ Pump Sets etc. 8 Completion of all development work including landscaping 9 Project Completion Date April 1, 2010 D+900days D+840days D+870days D+780days D+600days D+420days D+240days D+120days

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Schedule IV:

Format of the Power of Attorney Power of Attorney (On Non-Judicial Stamp Paper of Rs.50/-)

TO ALL WHOM THESE PRESENTS SHALL COME, WE, THE DELHI DEVELOPMENT AUTHORITY a statutory body constituted under Section 3 of the Delhi Development Act, 1957 and having its principal office at Vikas Sadan, New Delhi (hereinafter referred to as DDA, which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors, legal representatives and assigns) through its duly authorized representative []; WHEREAS A By an Agreement dated [___], hereinafter called the Project Development Agreement, DDA has selected [___] a company duly registered in India under the Companies Act, 1956 (1 of 1956), and having its registered office at [___] (Project Developer) to undertake the implementation of the project for the development of Residential Apartments at a site located at [ ] comprising of [ ] hectares of Project Site (Project Site) that would be used for the purposes of housing athletes and participants of the Commonwealth Games and then be sold as flats for residential purposes. DDA is desirous of granting necessary powers and authority to the Project Developer, inter alia, for the purpose of effective and speedy execution of the scheme as per the terms of the Project Development Agreement.

B.

NOW KNOW BY THESE PRESENTS that We, DDA do hereby nominate, constitute and appoint the said Developer our true and lawful Attorney and Agent, in our name and on our behalf, to execute and perform or caused to be done, executed and performed all or any of the following acts, deeds, matters and things as mentioned hereinafter: 1. To receive permissive possession of the Project Site from DDA and to hold, manage and maintain such permissive possession in accordance with the terms and conditions contained in the Project Development Agreement till the completion of the Project and the sale of Residential Apartments as envisaged in the Project Development Agreement. To enter into, hold and defend permissive possession of the Project Site and every part thereof and also to manage, maintain and administer the Project Site and all buildings and constructions to be constructed thereon and every part thereof. To have the Project Site developed by construction of the Project as per the specifications and norms specified in the Project Development Agreement. To raise necessary finance for execution of the scheme for development of the Project Site by construction of the Project as and how the Project Developer may deem fit and for that purpose create mortgage or any other lien over the Project in favour of financial institutions and/or Banks and/or other bodies, provided however that the Project Developer shall repay such liabilities at the earliest opportunity and shall at all times keep DDA saved and harmless against any claim, loss or damages that DDA may have to face in relation to or arising out of such mortgage.

2.

3.

4.

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5.

To appear before all necessary authorities, including sanctioning authorities such as fire brigade, competent courts and police, in connection with the construction of the Project. To apply for and obtain such permissions, as be necessary, for obtaining steel, cement, bricks and other construction and building materials and construction equipment and to appoint contractors and/or sub-contractors for the purpose of construction of the Project. To apply and obtain electricity, water, gas, sewage and/or connections of any other utilities, permits for lifts and also the completion and other certificates from the competent and/or other authorities. To warn off and prohibit any trespassers on the Project Site or any parts thereof and to take appropriate steps, whether by legal action or otherwise. To negotiate for the sale and/or transfer of Residential Apartments thereof together with the undivided share in the Project Site and the rights appurtenant thereto and to enter into agreements, including Residential Apartment sale agreements, containing such provisions and with such purchasers and/or other persons as provided for in the Project Development Agreement and to receive earnest moneys and/or part and/or full premium/consideration there-under. To appear before Notary Publics, District Registrars, Sub-Registrars, Registrar of Assurances, Metropolitan and Executive Magistrates and all other office bearers or officers and authority or authorities in connection with enforcement of all powers and authorities as contained herein. To engage and appoint, architects and consultants, cause preparation of building plans, appear before the sanctioning authorities and other authorities and Government Departments and/or officers and also all other State Executive, Judicial or Quasi judicial. Municipal and other authorities and also all courts and Tribunals, for all matters connected with the development and constructions of utilities, to sign all petitions, Vakalatnamas, memo of appeal and other papers and documents. To pay all outgoings, including municipal tax, rent, revenue and other charges whatsoever, payable for and on account of the Project Site and receive refunds and other moneys, including, liquidated damages of any nature and to grant valid receipts and/or discharges therefore. To give undertakings, assurances and indemnities, as be required for the purposes aforesaid. To appear and represent DDA before all authorities, make commitments and give undertakings as he required for all or any of the purposes herein contained. To sign, execute any declaration and statement form etc, as may be necessary under law. To generally to do all other lawful acts, deeds and things requisite for all or any of the above said purposes and for matters incidental thereto

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

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AND we do hereby ratify and confirm and agree to ratify and confirm all and whatsoever our said attorney shall lawfully do or cause to be done in or about the aforesaid premises, so long as the Project Development Agreement is valid and subsisting. It is hereby clarified that this Power of Attorney will not be ordinarily revoked, however, in the circumstances that the Power of Attorney is revoked for reasons not attributable to a default by the Project Developer as per the terms of the Project Development Agreement, DDA undertakes to indemnify/hold The Project Developer harmless for all third party claims / disputes that may arise as a result of such revocation. It is hereby clarified that this Power of Attorney has been issued pursuant to the Project Development Agreement. In the event of conflict / dispute between the terms of the Project Development Agreement and this Power of Attorney, the provisions of the Project Development Agreement would prevail.

IN WITNESS WHEREOF, we have executed these presents on this the _________day of______2007 EXECUTED AND DELIVERED by the ________________________________ ________________________________ ________________________________

Or and on behalf of ________ at ______________ in presence of:

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Schedule V: I.

Furniture, Fixture and Furnishings to be provided by DDA

In Bedrooms Telephone instruments Beds Curtains Bed linen Pillows Blankets 3 Drawers (1lockable) Clothes hangers Table Lamps and Wastebaskets Soft furnishings Table/ Chairs In Units and Temporary Areas CCTV Television sets Telephone instruments Fax machines Internet instruments Electric Kettle Computers Office equipments like fax machine, photocopier etc. In Bathrooms Toilet paper Toiletries

II.

III.

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Request for Proposal Document