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    7 views21 pages

    Document (A)

    Uploaded by

    Syahirah Arif

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Document (a) ORIGINAL, DATED THIS DAY OF 28 MARCH 2015 BETWEEN HARRY POTTER SON. BHO (COMPANY No: 624878.) [THE DEVELOPER] AND 4) ALINRIC No, 590405-90-5111] 2 ABU INRIC No. 661213-30-5113] 3) ALIBABA INRIC NO, 690102-90-5118] [THE LANDOWNER(S) MESSRS, CHONG & ASSOCIATES Advocates & Solicitors No, 10 & 12, Jalan Melaka Baru 8, Taman Melaka Baru, 75300Melaka Tel No: 08-2333423 Fex No: 06-281926 ‘THIS AGREEMENT is made the day and year tated in seton I ofthe Fist Schedule beta Between the party whose name and descriptions are sated in section I ofthe Fist Schedule ‘Gereinaer called “the Developer ofthe one part And the pety whose nine and desrgions xe stated in section Il ofthe Fist Schedule below (breinater called “the Landowness") of the oe art. antics. ReOTALS 101 THE LAND ‘The Landowners isthe reseed owner of ll the piee() of lind whose particulars are ‘5 stated in Section | ofthe Second Schule below (lereiafer called “the Land”) 102 CATEGORY OF LAND USE ‘The present category of land use of the Land it as stated in Section lof the Second Scheiue below. 103 TENURE OF LAND ‘The tenure of Land is asst in Seton Il ofthe Sesond Schade below. 104 STATUS OF DEVELOPER te The develope i expec inh deo fads for sng dai le Howag Drop Ler ined dr te ovis of be Hoa SIDES (Comal nd ies At 18, ves Ey 41.08 PROPOSED DEVELOPMENT OF THE LAND La Te parties here ae dso etn into ait vn betwen emai go Aevelop the lind into « housing estate subject othe ters and condition ite» Soret py, 2 ARUICLE DEEINTIONS 2.01 Inthe Agrement wher he context so adits he following werd and expressions shall ave tie meaning assigned them espocively hereunder = @ » @ @ © © @ © “he Landowner” means te pesca mentioned in scin I of he fist ehedule ‘below and includes his hes, legal personal eresertive occestos tnd assigns ‘and persons claiming tile ver him and inthe cae of alte company stall ined its sucess in te ad sigs. “the Developer” means te perso mentioned in scon TL of the fit echedule below and includes is es, lanl persona reresmiatives, successors end sigs and persons lain ile under him andi the eae of limited compeny shal include its susesos inte and atin. “the Land” means ll ht pee() of land mentond in seton 1 ofthe second sebedule belo. “Layout Plan mens the layout plan aproved by te relevant author or other spproprate sho. “Building Plans and Specientions” means te bull plan snd specications approved by the relevant appeoving suber or ther appropriate authori “landowner’s houses” mean thse houses selected by the landowners in secordance wit section 3.02 berender and shall achade ell gpes of houses ‘anely terrace semi-detached, detached botse, shophoues, low cot bases and Aas i tat ze being but on he land) “Developer's honses” ren those houses eter than those which have been selected bythe landowners und sal incluze ll types of houses namely terrace, semi-detached, detached hous, shophouses, ow cot houses end at (if flat are ‘bing bul onthe land) “Odd lots” means hse lots which have rot ben sublivided into billing lots or are in completely subdivided to frm a building lt according to the approved layout plan and which ar not requied to be suendered to the appropriate ihorty as reserves for the eonsrstion of roads, drain, power saton, ee ® 4 A y 301 (“Project mein the development ofthe land into «housing state whether comprising houses, shops ets pon ers an conitns herein contained )_“Batitement means the shies ofthe respective patie beret inthe project and ‘alee in accordance with section 301 hereunder. “Approvals” refer tothe approvals which ae tobe obtsned by the Developer in elton othe mares metianed in eton 401 hereunder. (“the Landowaer's soitors mears Messrs. Tan, Lee, Koh & Associates ‘Advocates & Solicitors of NoSIA., Jala Besar, Taman Bukit Besar, 8500 Melaka (cm) “the Developer's solicitors means Mestrs Chong & Associates Advocates & Soins No. 108 12, Jalan Melaka Raye 28. Tarzan Melaka Rays 75000 Melaka. (0) “Month means a calendar oats. (om) Words importing the masaline genie nce the feminine and neler genders a vce vest (@) Words importing the singlar numer iniue the plural ant vice versa (6) Whee the expression “the Landowner” and “the Developer” contin more than ne persons, ier obligation bl be joist and several. CONSIDERATION (@) In consideration ofthe sa of money mentioned in setion TV ofthe fist schedule below tobe paid bythe Developer to the Landowners as deposit and in fates consideration of the espectative agreements nnderakings and obligations ofthe Dates hereto as hereinafter contained, the Landowners bereby agrees to all the ‘Developer to undertake te sd Project on th Land upon the tems and conditions Sa 6 AE 3 303 (@) Th landowners shal be ened to the mer of houstspremises or percentage of| ousePremises stated in secon V of the frst schedule afer les the Depost rend insecton IV ofthe ft schedule hereto for Me om use ed benefit soltly of al the subdivided balding lowe arising out ofthe conversion of end rbdivsos of the land part tothe Developer obtaining all the sid approval ‘emir metoned wil the Developer shal be ented tal the remaining of the subdivided bulding fis compromised in the Project and not belonging to the Landownes for their own use and benefit absohnely and the Landowners shall teaser the ownership ofthe same to the Developer sad its nominees) ora t shall diet a the cass and expenses of the Developer when the tiles to the subvied bldg lots are sued bythe appropriate suai. (©) inrespetof he subivided building os baonging othe Landowners as heretofore rovide, fe Developer sal at oom costs and expeses and ina substi and ‘workmanlike manner erect fr the Landowners such aumber of houtes/pemises as hal be equivalent othe number of units as sated in section V ofthe fit schedule after les the Deposit pn herein of every ype of houses fo be conse in he Project PROVIDED the Developer of such units or houses shall be permite by the relevant ethvty abd sal mall respets confonm withthe layout pans bling plans and cravings end specifestons prepared by the Developer's architect ard ‘gproved ty he relevant abort and of ste sndard of workmanship and quality cf materiel ae the oer houses of emir spe or design eeted or conse in the Projet by he Developer. \SBLECTIONN OF LANDOWNER'S HOUSES Upon tbe approval ofthe layout plan (ogether wth all amendnent heen (I any) by the relevant ethoriy, te Developer shal forthwith give ntce n wating ofthe same to landowner and the Landowners shall otivith sles such ofthe proposed subdivided taling ois which ei ened to receive and on which th Develops has agreed and lumi to bul the houses thereon inthe mane: and extent specifi a cise 4.03 eto, such selection mus however fist meet with the approval of the Developer, the Inte to be selced by the Landoomer eall be grouped fgets end fir regd and cotsderstion mart be given tothe percentage refered to in clause 301 hereof when seleting corer lots. In the cvent of any dispute arising as to the selection of the subdivided baling lots by the Landowners, the dispute shall be refered to a person rautully acceptable to both pares whose decision sal be final and binding upon the partes bert. EARNEST MONTES ‘The Developer sal pay tothe Landowners esrest monies the amoust andthe manaer of lope oh PAL ARTICLE DEVELOPER'S COVENANTS 401. APPLICATION FOR APPROVALS “The Developer stall apply to snd tla fom appropriate ators all essary ot equi appeoval or cement in respect ofthe Project nd in patel o aking the folowing scons = (4 within tee (3) mots ftom the Developa’s Solos resp fom she High Court ‘Of Malaya sad ihe land eee ofthe duly registered Power OF Atomey (= ‘erin belo defined together with the eporate iid and flo mumbo) rated by the Landower to the Developer herender prepare and ease tobe prepared by 2 Cupetaacifect and submit the layout pln (ogter with all ncesary pens equ fortis stage of sbmisscr othe appropriate exthores fr approval for envision an sab-vision and to sve the said Ind or caue the sd and to be sureyed, (@) Wikia tee (9) moni from the Developer's eet of sproval of the Layout Plan td the Tadual I, whichever is ltr, pay or eause tobe pid the premiums for Covesion and subdivision ofthe sa lend or within suk pei of extension ‘Mod by the appropriate authorities, wichever i ner, (e) Within tere @) months Som the Developer's receipt of te isu ofthe individual Ftsurofqaled tte to the sub-divided lots ofthe sid land pepe or case to be fepmed by 2 conpeent architect andlor engineer the bulking plans and pesetins (lopetier nth all pans including the road and drainage, enecage teaument, cect eabling. water sappy and 30 on) aad submit the sme © te pyroprae authors for approval (@ Wikia cee () months fom the Developer's recep of te approval ofthe Bing Plan and specications and all such other plans nocesaxy for the. complet ‘evelopment fhe sai land apply a onset be applied forte Develops License Se Ak 4m 403 408 40s (COST AND EXPENSES INCURRED IN OBTAINING APPROVALS All he costs ard expenses ofthe incidental tothe obsning of he sid eppoval suchas fcquiston for rod aooess for Projet invading all pemium due tothe appropriate ‘uorts, fees de to the Developer's surveyor, rhitet, engineer and solicitor sal be tthe sol cost and expenses of the Developer. TIME FOR OBTAINING THE SAID APPROVALS “The Developer undrakes to have the conversion of or and subdivision ofthe Land into sshdivided building land end oh layout pln for dts i tare being bul) approved ‘within the time sated in Section VI ofthe fst schedule hereto and bave te building plans approved and obtain the Housing Developers License and Advertsing Permit ‘iin the ine stated in section VIL ofthe fst schedule hereto, LTIME FOR COMMENCEMENT OF CONSTRUCTION WORKS ‘The Developer shall eommence construction wesks on the land within te time stated in section VIL of he fist schadle beret afer having obtained the esd approvals fom the sppropiste authors. The Developer shall have an absolue discretion to decide ‘wbeter to complet the project in ane er two phases depending on the market condition at that provided commencement of constuction works in the next phase shal begin not Tater than se (6) month ate completion ofthe cant phase. TIME FOR COMPLETION OF AND OBTAINING CERTIFICATE OF FITNESS FOR IANDOWNER'S HOUSE (@) tne developer stall diligent posse wt and compice te Landowners ause Tecated in the place on which development is taking place in a good and ‘workmanlike manner and in compliance with generally recognized building fandards and pratces and in accordance with the Building Plans and Specifications within the time dated in seton TX ofthe fist schedule from the dite constetion works commenced PROVIDED ALWAYS ifn the opinion of the Developer's emcitest completion of the Landowners house is delayed by ‘reason of inclement weatber civil commotion free mje or shorage of building reels then in any sch eves, the Developer's architect shall make fit and ressonable tine fr completion of te Landowners hose (©) valid and rgisrable Memorandum of Trasfe to the Developer's houses duly executed by the Landowner in favour of the Developer or is nominee ot Sea Ae 406 407 Compliance with Laws (a) The Developer shall confom to the provision of any relevant Act Enacnent ot Drdinance and to pay any fxs required under any Regulation or By-Laws forthe time being in force affecting the Landowner's Houses and shell ive all necessary rovces to and chain the quite ation ofthe local authority in respect ofthe onstruction of the Landcomer’s Houses and genera shal comply wit the bung to! other regulations of sich authority aod shall keep the Landowner indenmiied tzsina al fines penis end loss incued by reason of such Enaciment,Ordinane, ‘Regulations or By-Laws. (@) The Developer herby covet with the Landowner tht he will at all tines ‘cena indemnify and keep indemnified the Landowner against al dss, action, proceedings, claims, and demands cost and damages and expenses which may be fevied against ce made agit hits by any tir party by reason of any negligence ‘each of duty or wrongfl ct of the Developer, is servant andlor agents arising fiom the development ofthe Project. (@) The Developer shall atts om coat and expenses insure its workers with Ween’ ‘Compensation Fund and Sos. Provision for Public Service (On completion of the Projet the Developer shall provide such surviees as refuse clletion, cleansing of public drins and cuting of gris on road reseres unt esponsibility forthe same i taken over By the relevant local authorities, Pending such faking over, the Landowner his nominee or nominees shall pay to the Developer from tine ote such sums are peserbed fr and paid by the oter purchasers ofthe bows Ee A I 502 503 so ARTICLE. DELIVER ISSUE DOCUMENTS OF TITLE Upon the execution of this Agreement the Over sal deliver the sue documents of ties of the lands to the Land Owner's slits fe safe custody and when it so requiced hat the said itl isto be surrendered tothe aprroprate authority for conversation andlor subdivision the Owner's solicitors shall forward othe Developer and the Developer are cmopoweted to suuender the sid ite to he subdivided las, (COMPLIANCE WITH SECTION 196 OF NATIONAL LAND CODE, 1965 Forte pupose of eying into eet te tens and onions contained herein the Landowner stall perfonn, execute nd oll er any acs, deeds or things which ae necessary or expedient and in partcula bt wihoat pode tthe generality of the foregoing the Lendownc hereby covenats and undertakes = (@) to surender such portions of he Land to the appropriate suber a8 and when required todo so by the later ‘or public purposes and inthis comnectin to comply with or oer satisfy th conditions specified in Seton 196() ofthe ‘National Land Codel 965; (©) to obtsin at his ov cost and expense where applicable the writen consent of very person or body speed in Section 196@) ofthe National Land Coe, 1965 to the making ofthe application for surrender ofthe Land by the Landowner fo ‘he appropriate authorities; nd (9.1 ages and acept without rexertion all conditions that ae imposed by the ‘pproriete autora fo the approval ofthe gacpted lasing devel the Land and inthis connection to comply with a otherwise satisfy such ofthe

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