Post on 09-Aug-2018
transcript
Agreement – Draft – 23/04/2018
Lease Agreement
for
Management and Operation of
Kiosks
at
Crescent Park and Marina District
between
Qatari Diar Real Estate Investment Company
and
xxxxxxxxxxxxxxx
xxxxxx 2018
Agreement – Draft – 23/04/2018
CONTENTS
CLAUSE TITLE
CLAUSE 1 BACKGROUND AND DEFINITIONS
CLAUSE 2 THE GRANT OF THE LEASE
CLAUSE 3 COMMENCEMENT AND EXPIRY
CLAUSE 4 TAKE OVER OF FACILITY
CLAUSE 5 CIVIL DEFENCE AND OTHER AUTHORITY APPROVALS AND CO-
OPERATION OF TENANT
CLAUSE 6 INSURANCE
CLAUSE 7 OPERATION AND MAINTENANCE
CLAUSE 8 TENANT WORK
CLAUSE 9 THE PARKING ARRANGEMENT
CLAUSE 10 THE RULES
CLAUSE 11 SERVICE CHARGES & TEMPORARY UTILITIES
CLAUSE 12 SECURITY DEPOSIT FOR SERVICE CHARGES AND MAINTENANCE
CLAUSE 13 PERMANENT UTILITIES
CLAUSE 14 NO CLAIM FOR INCONVENIENCE
CLAUSE 15 COMMON USE FACILITIES AND COMMON PROPERTY
CLAUSE 16 COOPERATION
CLAUSE 17 MASTER COMMUNITY "LUSAIL" DECLARATION AND
DEVELOPMENT DECLARATION
CLAUSE 18 EASEMENTS AND RESTRICTIONS
CLAUSE 19 TENANT’S DEFAULT
CLAUSE 20 FAILURE TO RECTIFY OF EVENT(S) OF DEFAULT
CLAUSE 21 TERMINATION
CLAUSE 22 TERMINATION OBLIGATIONS
CLAUSE 23 COMPENSATION ON TERMINATION
CLAUSE 24 RETURNING THE PROPERTY TO THE LESSOR
CLAUSE 25 FORCE MAJEURE
CLAUSE 26 SUB LETTING AND ASSIGNMENT OF THIS AGREEMENT
CLAUSE 27 RELATIONSHIP
Agreement – Draft – 23/04/2018
CLAUSE 28 INFORMATION
CLAUSE 29 ENTIRE AGREEMENT
CLAUSE 30 NOTICES
CLAUSE 31 LIABILITY
CLAUSE 32 JURISDICTION
CLAUSE 33 TENANT’S RECORD KEEPING OBLIGATIONS AND LANDLORDS
RIGHT OF AUDIT
ATTACHMENTS
SCHEDULE 1 COLLATERAL WARRANTIES
SCHEDULE 2 MASTER COMMUNITY LUSAIL DECLARATION
SCHEDULE 3 HEALTH AND SAFETY POLICIES
SCHEDULE 4 KEY PARTICULARS
SCHEDULE 5 TENANT’S RECORD KEEPING
SCHEDULE A PROPERTY DETAILS
SCHEDULE B PROPERTY SPECIFICATIONS
SCHEDULE C ACCEPTANCE OF TAKEOVER CERTIFICATE
SCHEDULE D TENANT’S TECHNICAL PROPOSAL
Agreement – Draft – 23/04/2018 1
THIS AGREEMENT is dated xxx xxxx 2018
PARTIES
(1) QATARI DIAR REAL ESTATE INVESTMENT COMPANY a company incorporated
under the laws of the State of Qatar with principal place of business at P.O. Box 23175,
Doha, Qatar (hereinafter referred to as “Lessor”) duly represented in the signing of this
Agreement by its Group Chief Executive Officer; referred to as the Lessor and
(2) XXXXXXXXXXX a company incorporated under the laws of the State of Qatar with
principal place of business at P.O. Box xxxx, Doha, Qatar (hereinafter referred to as
“Tenant”) duly represented in the signing of this Agreement by its xxxxxxxxx referred to
herein as the Tenant
(Each one of the above being deemed a “Party” or jointly the “Parties” to this Agreement
1. Background
1.1 The Tenant acknowledges and understands that:
1.1.1 The Lessor is developing the Master Community "Lusail" which will be
developed into a homogeneous residential, retail, office and leisure complex,
where certain facilities and amenities will be shared.
1.1.2 For the proper and convenient management, administration, maintenance and
control of the Master Community "Lusail", and in particular the Common
Use Facilities, mutually beneficial restrictions are imposed on all the
properties in the Master Community "Lusail" under the Master Community
"Lusail" Declaration which establishes a mutually beneficial scheme for the
management, administration, maintenance and control of the Master
Community "Lusail".
1.1.3 The following documents which the Tenant acknowledges that it has
received copy of each at the time signing this Agreement are deemed to be
incorporated into and form part of this Agreement and the Tenant
acknowledges, understands and agrees that it will be bound by the
obligations set out in the following documents and/or programs:
i. The Master Community Declaration "Lusail”.
ii. The Property (Plot) Declaration.
iii. Health and Safety Policies.
1.2 The Tenant acknowledges, understands and agrees that it will be bound by any other
relevant Lessor policies as may be updated by the Lessor from time to time.
AGREED TERMS
The following definitions and rules of interpretation apply in this Agreement.
Definitions:
“Collateral Warranties” means the deeds of collateral warranty from the parties appointed by
the Tenant to carry out the Tenant Works under this Agreement and in the form set out in
Schedule 1;
“Common Property” means those parts of a Multi Ownership Property and Multi-Unit
Building not physically forming part of any unit in a Multi-Unit Building and intended for the
benefit or use in common by all Occupiers in the Multi-Unit Building, including within such
definition all open areas, services and facilities and the foundation, roof, lift shafts, walkways,
Agreement – Draft – 23/04/2018 2
corridors and lobbies of the Multi-Unit Building, and (if any) such recreational facilities as a
gym and swimming pool, and portions of car park areas;
“Common Use Facilities” means all open areas, services, facilities, roads, pedestrian
walkways, pavements, gardens, utility and administrative buildings or areas, installations,
power transformers, water storage facilities, firefighting facilities, improvements and other
common assets of the Master Community that are intended for use by all Occupiers and that do
not form part of the title of any Property or Unit but are the residual lands and improvements
owned by the Landlord;
“Commencement Date” means the date on which this Agreement is signed by both Parties.
“Confidential Information” means information of any nature concerning a Party or its
business which is not in the public domain and in which the disclosing party has a business,
proprietary or ownership interest in or which it has a legal duty to protect and includes, but is
not limited to, information, knowledge or data of a technical, scientific, financial, commercial
or marketing nature, in whatever form, including but not limited to technical data, drawings,
photographs, specifications, standards, manuals, reports, formulas, algorithms, processes,
information, lists, trade secrets, computer programs, computer software, computer databases,
computer software documentation, quotations and prices and price lists;
“Contractual Term” means a term of 3 Years beginning on the date of this agreement and
ending on the Expiry Date;
“Co-owner’s Association” means every association formed between all the Occupiers of units
in a Multi-Unit Building or Occupiers in a Multi Ownership Property for the purpose of
administering, managing and maintaining the Common Property;
“Costs” means costs, charges, expenses, losses, liabilities, damages, claims, demands,
proceedings and actions (as the context requires);
“Declaration” or “Master Community Lusail Declaration” means the master community
declaration set out at Schedule 4 (Master Community Lusail Declaration) as may be amended
from time to time;
“Event of Default” means any of the events set out in clause 19;
“Expenses” means the expenses incurred by the Landlord or its nominees in its role as
Landlord for the management, administration, maintenance, service provision and control of
the Master Community;
“Expert” means the person appointed under clause 24.2;
“Expiry Date” means subject to Clause 21, Three (3) Years from the Agreement Date;
“Fixtures and Fittings” means all fixtures and fittings installed by the Tenant in or upon the
Property including plant and machinery, lifts, air conditioning, lighting, plumbing, sanitary and
sprinkler systems and any other apparatus (if any) from time to time in or upon the Property;
“Force Majeure” has the meaning given to it in clause 25;
“Good Construction Practice” means the skill, care, timeliness and diligence reasonably to
be expected of an appropriately qualified and experienced contractor Property;
“Gross Revenue” means any and all sales or other transactions that occur during business hours
under the leasehold premises.
Agreement – Draft – 23/04/2018 3
“Improvements” means all buildings, pavement, fencing, landscaping, recreational facilities,
plumbing, electrical and telephone lines and computer cables and man-made objects of every
type, existing or placed on the Property;
“Independent Surveyor” the surveyor appointed under clause 24.2.
“Internal Area” the gross internal area in square metres of the Property.
“Maintenance Standard” means maintenance in good repair in an attractive and clean
condition in accordance with such standards and guidelines as established by the Lessor and if
there is no such standards then in accordance with such international standard applicable to real
estate project of the same significance and size as well as any requirements of this Agreement
and will include, without limitation: (a) compliance with recommended warranty and
maintenance procedures of manufacturers and installers; (b) regular and timely removal of
litter, trash and waste; (c) maintenance of buildings, structural components, mechanical
facilities and lighting in good working order and repair; (d) keeping walks, driveways, ramps,
stairwells and all other facilities clean and in good repair including maintaining surface areas in
a smooth condition by re-patching holes and resurfacing from time to time; and (e) repainting
stripes (indicating parking spaces and/or traffic lanes) as necessary from time to time;
“Material” means all designs, drawings, models, plans, specifications, design details,
photographs, brochures, reports, notes of meetings, CAD materials, calculations, schedules,
programmes, bills of quantities, budgets and any other materials provided in connection with
the Lessor's Works or the Tenant Works as the context may require or suggest and all updates,
amendments, additions and revisions to them and any works, designs, or inventions
incorporated or referred to in them for any purpose relating to the Lessor's Works or the Tenant
Works as the context may require or suggest.
“Occupiers” means Owners, occupiers, lessees, operators and the like who shall occupy the
Master Development from time to time;
“Property” means the land and building as shown on the Plan set out in Schedule B and the
building constructed on it by the Lessor and utilized by the Tenant as a Restaurant.
“Property Specification” means the plans, specifications, drawings and other data in respect
of that part of the Property to be carried out on the Property and as set out in Schedule B
including any variations or amendments that may be made in accordance with this Agreement.
“Quantity Surveyor” means Turner & Townsend of PO Box 207288, Doha, Qatar or such
other person as may be appointed as a replacement quantity surveyor for the time being by the
Lessor with the approval of the Tenant (such approval not to be unreasonably withheld or
delayed),] in relation to this agreement
“Rent” is as defined in Clause 2 and liability to pay commences xxxxxxxxx.
“Rules” or “Rules and Regulations” means such management and conduct rules and
regulations as the Lessor may make from time to time for the proper management,
administration, maintenance and control of the Master Community "Lusail", and other relevant
matters, including those Rules contained in the Master Community "Lusail" Declaration and
which are binding upon the Tenant and all Occupiers.
“Target Area” xxx square meters being the anticipated Internal Area subject to any reasonable
adjustment to reflect any variation to the Lessor's Works made in accordance with this
agreement.
“Target Date” xxxxxxxx on which the handing over of the core and shell of the Property
should be achieved and from which the Grace Period will start and the Tenant shall commence
paying the Rent.
Agreement – Draft – 23/04/2018 4
“Tenant’s Surveyor” a surveyor whose details may be notified in writing from time to time by
the Tenant to the Lessor.
“Third Party” a person other than:
a. The Lessor;
b. The Tenant; [or]
c. Anyone acting on the Lessor's or Tenant's behalf.
Interpretation:
Clause, Schedule and paragraph headings shall not affect the interpretation of this agreement.
A person includes a natural person, corporate or unincorporated body (whether or not having
separate legal personality).
The Schedules form part of this agreement and shall have effect as if set out in full in the body
of this agreement. Any reference to this agreement includes the Schedules.
A reference to a company shall include any company, corporation or other body corporate,
wherever and however incorporated or established.
Unless the context otherwise requires, words in the singular shall include the plural and in the
plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the
other genders.
A reference to a statute or statutory provision is a reference to it as amended, extended or re-
enacted from time to time.
A reference to a statute or statutory provision shall include all subordinate legislation made
from time to time under that statute or statutory provision.
A reference to writing or written includes fax but not e-mail.
References to a document in agreed form are to that document in the form agreed by the
parties.
A reference to this Agreement or to any other agreement or document referred to in this
agreement is a reference to this agreement or such other agreement or document as varied or
novated (in each case, other than in breach of the provisions of this agreement) from time to
time.
Unless the content otherwise requires, references to clauses, Schedules and Annexes are to the
clauses, Schedules and Annexes of this agreement and references to paragraphs are to
paragraphs of the relevant Schedule.
Any words following the terms including, include, in particular, for example or any similar
expression shall be construed as illustrative and shall not limit the sense of the words,
description, definition, phrase or term preceding those terms.
Any obligation on a party not to do something includes an obligation not to allow that thing to
be done.
Unless this agreement otherwise expressly provides, a reference to the Property or the Tenant's
Works is to the whole and any part of them.
Agreement – Draft – 23/04/2018 5
Any reference to the Lessor’s consent or approval being required is to a consent or approval in
writing which must be obtained before the relevant act is taken or event occurs.
2. The Grant of the Lease
2.1 Subject to the Tenant complying with the terms of this Agreement, the Lessor lets
the Property to the Tenant for the Contractual Term.
2.2 The grant is made subject to Tenant paying the Rent (shall be paid in Qatari Riyals)
or any other sums due under this Agreement, during the Contractual Term and the
Tenant initiating the sinking fund referred to in Clause 11.3.
2.3 The Rent payable under this Agreement shall be the higher of A x B or % of Gross
Revenue. a
For the purpose of Rent A x B shall be where:
A is the Internal Area as determined or agreed in accordance with this agreement,
and B is Qatari Riyals xxxxx (QAR xxx.00) for xxxxxxxxxxxxxxxxxx.
2.4 If the Internal Area is greater than the Target Area:
If the Internal Area is more than 2% greater than the Target Area [or more than 2%
smaller than the Target Area] the Tenant shall be entitled to determine this
agreement by giving written notice to the Lessor within 10 working days of the final
determination of the Internal Area under this agreement.
2.5 The Tenant shall pay Rent starting from the expiry of Grace Period of xxxxx from
the Target Date and submit post-dated cheques for xxxxxxxxxx. Cheques shall be
submitted at the time of Target Date. In view of the imminent introduction of VAT
in Qatar, the Rent and any other payment under this Lease Agreement are deemed
exclusive of VAT as applicable and the Tenant shall pay VAT, where applicable, in
all invoices raised by the Lessor.
2.6 Every quarter the Tenant shall provide the Lessor with its Records of Gross Revenue
as required under this Agreement. In the event that Gross Revenue exceeds rental
payable under the A x B formula, that difference shall be deemed to be Rent payable
under Clause 2 of this Agreement and the Tenant shall pay that difference to the
Lessor by way of further Cheque.
2.7 Upon signing the Agreement, the Tenant shall pay to the Lessor a Security Deposit equivalent to xx months Rental amount. Any future increase in Rentals shall be
accompanied by a corresponding adjustment to the Security Deposit.
2.8 The Rent will be increased at a rate of 5 % after end of second year .
2.9 The Tenant will be liable to pay interest on delayed payments at a rate of QAR 0.15
per square meter per day on top of monthly rentals.
2.10 The Tenant shall be liable to pay all property taxes on the property.
2.11 The Tenant shall be liable to pay Stamp Duty, Registration Charges and
miscellaneous expenses.
2.12 The Tenant is allowed to sublease part of property upon approval of Lessor.
2.13 The Tenant shall be responsible and Pay for the remaining work including fit-out.
Agreement – Draft – 23/04/2018 6
2.14 The Tenant shall obtain approval from Lessor for external appearance of the
building and building boundaries, including signage. Advertisements and
promotions are to the Tenant's requirement. Any city-wide initiatives will require
participation of the Tenant.
2.15 The location shall be used as a civic facility
3. Commencement and Expiry
3.1 This Agreement shall come into force and effect on the Lease Commencement Date
and subject to earlier termination pursuant to Clause 20 and 21 hereinafter, shall
expire automatically on the Lease Expiry Date. This agreement may not be renewed
without the written prior approval of the Landlord. The Tenant has to express his
desire to renew in writing at least three (3) months prior to the Lease Expiry Date.
4. Takeover of Facility
4.1 After this Agreement has been executed, the Parties shall meet on site in order to:
4.1.1 Formally hand over the Facility to the Tenant.
4.1.2 Tenant to sign an Acceptance of Takeover Certificate in the form attached
hereto.
4.2 Tenant acknowledges and agrees that at Handover date, the Facility shall have
connected water, and electric utilities for use.
4.3 On Handing Over; the Tenant accepts that it is in possession and occupation of the
Facility and all risk and benefit in respect of the Facility shall pass to the Tenant
for the duration of the Agreement subject to the reservation that ownership of the
Facility shall remain vested in the Landlord.
4.4 From the date of Handover the Tenant shall indemnify and hold the Landlord and
its agents, contractors, successors and assigns, harmless from and against all
claims, proceedings, costs, damages, expenses and losses arising out of any
damage to property or injury or fatality caused to any person (whether directly or
indirectly) occurring on the Facility.
4.5 The Tenant shall submit evidence of all necessary insurances requirements prior to
the Hanover of Facility.
5. Civil Defence and other Authority Approvals and Co-operation of Tenant
5.1 Obtaining Civil Defence and other Authorities Approvals for the Fit-out works and
paying for all utility and regulatory deposits for all building services shall be the
responsibility of the Tenant.
6. Insurance
6.1 Insurance by the Tenant during Fit-Out Works
6.1.1 From the Practical Completion Date, the Tenant shall at its own cost and
expense secure and maintain insurance for the full replacement value of the
improvements to be built on the Property and their contents, and will produce
to the Lessor on demand a copy of the policies of Insurance and confirmation
of any premium payment. Such insurance should cover the Tenant's Works, the
Property and all plant and unfixed materials and goods delivered to or placed
on or adjacent to the Property against all perils resulting in loss or damage
thereto terms:
Agreement – Draft – 23/04/2018 7
6.1.1.1 In the joint names of the Lessor and the Tenant; and
6.1.1.2 for not less than their full reinstatement value (together with all site
clearance and professional fees incurred in connection with such
reinstatement).
6.1.1.3 Waiver of Subrogation clause in favour of the Principal.
6.1.2 The event of any loss or damage occurring after the Commencement Date to
the Tenant’s Works, the Property, plant, materials or goods so insured, the
Tenant shall procure that their reinstatement or replacement is carried out
diligently and with all reasonable speed. The Tenant shall apply the proceeds of
the insurance towards such reinstatement or replacement and shall make good
any deficiency out of the Tenant's own funds.
6.1.3 For the Tenant’s Works, the Tenant shall maintain, or procure that its
contractor maintains, insurance in respect of injury to or death of any person or
loss or damage to any real or personal property for an indemnity of not less
than USD 1,000,000) for any one occurrence or series of occurrences arising
out of the same event. This insurance shall be endorsed to include:
6.1.3.1 Cross Liability Clause
6.1.3.2 Waiver of Subrogation Clause
6.2 Insurance by the Tenant during operational phase
6.2.1 The Tenant agrees to maintain in full force and effect, at its own expense,
such customary and commercially available types and amounts of insurance
to protect itself and Lessor from risks, losses, damages, claims, expenses,
suits or actions arising out of or relating to the Contract and to the
performance of the Services, which insurance coverage shall be obtained
through insurance carriers and on the forms satisfactory to Lessor.
6.2.2 The Tenant shall indemnify Lessor in respect of any compensation, claims,
losses, expenses and outgoings, etc. incurred by Lessor in respect of any
injury to any person or damage to Lessor property or property belonging to
third parties which occurs as a result of any acts or omissions in the
Contractor’s provision of the Services.
6.2.3 Coverage shall be maintained insuring the Tenant and Lessor against
liabilities, direct or indirect, whether or not asserted by or on behalf of
Tenant personnel, its Subcontractors, agents or any other third parties, and
shall satisfy the minimum limits of liability specified herein below.
6.2.4 All insurance polices maintained by or required of the Tenant or its
Subcontractor shall include a waiver of subrogation in favor of Lessor.
6.2.5 All the deductibles applicable to the insurances shall be for the account of
the Tenant.
6.2.6 All insurance maintained by the Tenant shall be primary to and not
contributory with, any insurance which may otherwise be maintained by or
available to Lessor and the Tenant. Nothing in this Clause shall be
construed to affect or limit in any way any rights or obligations of either
party under any other provision in this Contract.
6.2.7 The Tenant shall provide a Certificate of Insurance as evidence of all
insurance policies satisfying the terms and minimum limits specified herein
and below. The Tenant shall cause its insurer to provide thirty (30) days
prior written notice to Lessor of cancellation of, or any material change in,
Agreement – Draft – 23/04/2018 8
coverage and the policy shall provide for such notice. If requested by
Lessor, the Tenant agrees to promptly provide copies of all policies
evidencing the coverage required above.
6.2.8 None of the requirements contained herein as to type, limits, and approval
of insurance coverage to be maintained by the Tenant are intended to and
shall not in any manner limit or qualify the liabilities and obligations
assumed by the Tenant under this Contract.
6.2.9 The insurer shall be registered in the State of Qatar and shall be licensed to
operate in the State of Qatar in accordance with the Qatari Law.
6.2.10 Any failure to maintain the required insurance shall be sufficient cause for
Lessor to terminate the Contract. In event of Insurance cancellation, Lessor
reserves the right to purchase insurance or reinsure for the required
coverage’s at the Tenant’s full expense.
6.2.11 Further, statutory insurance requirement should be met and where no
minimum statutory limits are stipulated, the following minimum limits will
apply:
6.2.11.1 Third Party Liability with combined single limit of liability
for bodily injury or property damage of USD 2,000,000 each
occurrence. This insurance shall be endorsed to include:
i. Sudden & Accidental Pollution
ii. Food & Drink liability (e.g. food poisoning) to full
policy limit
iii. Tenants & Neighbours Liability to full policy limit and
iv. Lessor shall be named as additional insured parties and
cross liability provisions included
6.2.11.2 Workmen’s Compensation: In accordance with the Labour
Law requirements of the State of Qatar and any amendments
thereafter. Including Employer’s Liability with combined single
limits of liability for bodily injury or property damage shall be
USD 1,000,000 for any one claim incident and in the aggregate.
7. Operation and Maintenance
The Tenant shall (and shall ensure that any sub-Tenant it appoints from time to time
(where applicable) operates and maintains the Property in accordance with the provisions
of all laws, decrees, regulations, approvals, consents, licenses and the Lessor’s instructions
now or from time to time in force in relation to the Project, including, where relevant:
7.1 The Master Community Declaration.
7.2 Any other relevant Lessor policies as may be updated by the Lessor from time to
time.
7.3 The Facilities Management Standards.
8. Tenant Work
8.1 The Tenant undertakes and agrees to carry out at its own costs all the Fixtures and
Fittings in the Property. The Tenant shall as soon as reasonably practicable at the
Tenant's expense prepare and submit to the Lessor for approval (such approval not to
Agreement – Draft – 23/04/2018 9
be unreasonably withheld or delayed), plans and specifications of the Tenant's
Works in such detail as the Lessor shall reasonably require.
8.2 Tenant shall submit to the Lessor for its approval prior to execution of the Tenant’s
Work all shop drawings for any buildings, method of statements and samples of
material
8.3 The Tenant shall apply for and use reasonable endeavours to obtain all consents
required for the Tenant's Works.
8.4 The Tenant shall use reasonable endeavours to:
8.4.1 Commence the Tenant's Works as soon as reasonably practicable after the
Commencement Date; and
8.4.2 Complete the Tenant's Works within xx months after the Commencement
Date.
8.4.3 The Tenant shall not start the Tenant's Works until the Tenant has:
8.4.4 Obtained the Lessor's approval to the Tenant's works;
8.4.5 Obtained all Requisite Consents required for the Tenant's Works;
8.4.6 Provided details of the Tenant's Works to the insurers of the Property and
obtained their consent to carrying out the Tenant's Works;
8.4.7 Produced all consents and permits required for the Tenant's Works to the
Lessor and obtained the Lessor’s confirmation that they are satisfactory to
the Lessor;
8.4.8 Given the Lessor five copies of the plans and specifications for the Tenant's
Works;
8.4.9 Notified the Lessor and the insurers of the Property of the date on which it
intends to start carrying out the Tenant's Works; and
8.4.10 Procure that all the contractor and consultant appointed by the Tenant
execute the Collateral Warranties
8.5 The Tenant shall:
8.5.1 carry out the Tenant Works:
8.5.1.1 Using good quality materials which are fit for the purpose for
which they are to be used;
8.5.1.2 In a good and workmanlike manner; and
8.5.1.3 To the reasonable satisfaction of the Lessor.
8.5.2 ensure that the Tenant's Works:
8.5.2.1 comply with:
o All statutory and other legal requirements;
o The terms of all building permits and licences;
o The Satisfactory planning permission; and
Agreement – Draft – 23/04/2018 10
o The requirements and recommendations of all relevant utility
suppliers. Civil defence and other relevant government
authorities and the insurers of the Property.
8.5.2.2 Do not adversely impact on the structure of the Property.
8.5.3 For the avoidance of any doubt the Tenant shall be fully responsibly of the
structure and integrity of the building and any plant or machinery within the
Property. Any approval issued by the Lessor for any plans, specification,
method of statement does not constitute a warranty or guarantee that such
designs are in compliance with government issued building codes or
regulations or shall relieve the Tenant from its responsibilities.
8.5.4 The Tenant shall:
8.5.4.1 carry out at its own cost all testing and commissioning to all plant
and equipment and pay all fees, rates, that arise by reason of the
Tenant's Works in carrying out the Tenant's Works
8.5.4.2 pay all fees, rates, that arise by reason of the Tenant's Works
(including any arising under any laws applying to the Tenant's
Works) whether imposed on the Lessor or the Tenant; and
Indemnify the Lessor from all liability in relation to such fees,
against all costs and claims arising from any breach of the terms of
this clause.
8.5.4.3 cause as little disturbance and inconvenience as possible to the
Lessor
8.5.4.4 immediately make good (to the reasonable satisfaction of the
Lessor) any damage (including decorative damage) to any land or
building or any plant and machinery (other than the Property)
which is caused by carrying out the Tenant's Works;
8.5.4.5 allow the Lessor and its surveyors, contractors, and consultants
access to the Property to inspect the progress and quality of the
Tenant's Works (both while the Tenant's Works are being carried
out and afterwards) at reasonable times and on reasonable prior
notice;
8.5.4.6 give the Lessor the information it reasonably requests to establish
that the Tenant's Works are being and have been carried out in
accordance with this agreement;
8.5.4.7 notify the Lessor as soon as the Tenant's Works have been
completed; [and]
8.5.4.8 send the Lessor 2 copies of plans showing the Property as altered
by the Tenant's Works within 2 weeks after completion of the
Tenant's Works; [and]
8.5.5 The Tenant's Works shall be at the sole risk of the Tenant.
9. The Parking Arrangement
Parking at the ground level areas in proximity to the Property shall be open during
working hours and all day throughout the weekends and public holidays.
Agreement – Draft – 23/04/2018 11
10. The Rules
The Tenant acknowledges that the Rules are equally binding upon any and all Occupiers
of Lusail City, and the Tenant shall ensure that the occupiers of the Project are aware of
and shall comply with them.
11. Service Charges & Temporary Utilities
11.1 The Tenant shall be liable for payment of the Service Charges from and after the
Practical Completion Date and acknowledges that it will have an obligation to
contribute towards the expenses for the maintenance, management, administration
and control of the Common Use Facilities calculated and payable in accordance with
the provisions of the Master Community "Lusail" Declaration. Also all utilities,
including but not limited to district cooling, electricity, telephone, water, sewerage
,Gas and all other utility and communication services, shall be transferred directly to
accounts in Tenant's name and the Tenant shall pay directly to all utility providers all
charges respecting the Leased Premises incurred during the Term. In furtherance of
the foregoing and for the avoidance of doubt, it is the intent of this Lease that the
Lessee arrange for and pay directly to the applicable utility providers, and that this
Lease therefore be considered to be absolute net of such costs.
11.2 The Tenant acknowledges that temporary utilities such as power and water are being
supplied by the Lessor until permanent connections are made available. Until
permanent connections are available the Tenant agrees that it shall pay the Lessor
utility charges.
11.3 The Tenant shall put aside such sum as shall reasonably be considered necessary by
the Lessor (whose decision shall be final as to questions of fact) to provide reserves
or sinking funds for items of future expenditure to be or expected to be incurred at
any time in connection with returning the Property including any maintenance for
the buildings or any relevant infrastructure or to cover any cost to demolish the
building and reinstate the Property to its original status.
11.4 The Tenant acknowledges and understands that while the Service Charges and other
monies due under the Master Community "Lusail" Declaration may be due and
payable by the Tenant, the Lessor shall be entitled pursuant to the Master
Community "Lusail" Declaration:
11.4.1 To withhold from the Tenant the use and privileges of the Common Use
Facilities; and/or
11.4.2 To claim compensation; and/or
11.4.3 Commence court proceedings for recovery of the amount due.
12. Security Deposit for Service Charges and Maintenance
12.1 On Target Date, the Tenant shall pay to the Lessor a security deposit, in an amount
to be determined by the Lessor as security for the Tenant’s obligations set out in
Clause 11 to be held by the Lessor as a continuing covering security (the “Security
Deposit”). The Lessor may apply the Deposit in whole or in part towards payment
obligations pursuant to the Master Community "Lusail" Declaration and/or
maintenance required at the Property or fulfil any of the Tenant’s obligations under
this Agreement or the law including but not limited to remedying any damages or
losses sustained by the Lessor in relation to carrying out any maintenance required
at the Property. If the whole or any portion of the Security Deposit is so applied,
the Lessor shall notify the Tenant in writing and the Tenant shall immediately
Agreement – Draft – 23/04/2018 12
reinstate the Deposit to the original amount. The Tenant shall not be entitled to set
off any Service Charges or other amount payable by the Tenant against the
Deposit.
13. Permanent Utilities
13.1 The Lessor shall use reasonable efforts to provide Utilities to the boundary of the
Property when feasible to do so and in accordance with the utility construction
program for the area. The connection of permanent Utilities within the boundary of
the Property shall be the sole responsibility and at the sole expense of the Tenant.
From the date any such permanent Utilities are capable of connection, the Tenant
shall be responsible for the payment of all Utilities.
14. No Claim for Inconvenience
14.1 The Tenant acknowledges and accepts that after the Property has been developed,
the Master Community "Lusail" as a whole will be the site of ongoing
development and construction, including construction of buildings by other
Tenants, and that inconvenience may be suffered as a result of the building
activities, which shall be in progress. The Tenant shall have no claim against the
Lessor, nor its affiliates, for such inconvenience even if it occurs after the Tenant
takes possession of the Property. The Lessor, however, shall use its reasonable
efforts to keep such inconvenience to a minimum.
15. Common Use Facilities and Common Property
15.1 The Tenant and its subtenants shall be entitled to the use and enjoyment of the
completed Common Use Facilities pursuant to the provisions of the Master
Community “Lusail” Declaration.
15.2 The Tenant acknowledges and understands that the Lessor has the exclusive right
to exploit the use of the Common Use Facilities for commercial purposes and grant
the use of the Common Use Facilities to third parties from time to time for any
purposes Lessor deems appropriate, to collect any revenues derived therefrom and
to apply at its own discretion the net revenues towards the costs incurred by the
Lessor in undertaking its obligations pursuant to the Master Community "Lusail"
Declaration or to keep such net revenues to itself.
16. Cooperation
16.1 The Tenant agrees to comply with all controls, laws, rules, regulations, guidelines
and directions issued by or on behalf of the Lessor and agrees to provide all
cooperation necessary to allow the Lessor to carry out its duties pursuant to this
Agreement.
17. Master Community "Lusail" Declaration and Development Declaration
17.1 The Tenant acknowledges and understands that every property in the Master
Community "Lusail" sold or leased is subject to the terms of a Master Community
"Lusail" Declaration and if possible, steps will be taken so that the registration of
the Property in the Lands Department will be made subject to the terms of the
Master Community "Lusail" Declaration in the form of a restriction. If this is not
possible, the Tenant on its behalf and on behalf of its successors or assigns
acknowledges, agrees and undertakes for the benefit of the Lessor and the other
Owners from time to time of any property in the Master Community "Lusail", that
the Master Community "Lusail" Declaration has the form of a restriction in a
document and is equally binding in relation to each property. The Tenant
Agreement – Draft – 23/04/2018 13
acknowledges and agrees that the Lessor may revise, amend or supplement the
Master Community "Lusail" Declaration at any time and that the Tenant shall be
bound by any such revision, amendment or supplement at all times following the
time the Tenant receives notice thereof and in such case the Tenant shall have no
claim or right to recourse against the Lessor for any losses or damages
17.2 The Tenant acknowledges and understands that the Property is leased subject to the
terms of the Development Declaration. If this is not possible, the Tenant on its own
behalf and on behalf of its successors, assigns and to whom lease of the Property
shall pass acknowledges, agrees and undertakes for the benefit of the Lessor and
the other Occupiers of any property in the Master Community "Lusail" that the
Development Declaration has the form of a restriction in a document and is equally
binding in relation to each property. The Tenant acknowledges and understands
that the Lessor may revise, amend or supplement the Development Declaration at
any time and that the Tenant shall be bound by any such revision, amendment or
supplement at all times following the time Tenant receives notice thereof.
18. Easements and Restrictions
18.1 The Tenant acknowledges and agrees that there is full right and liberty for
Occupiers and all persons authorized by them at all times by day or by night to go,
pass and repass over and along the roads and pavements of the Master Community
"Lusail" and to use the Common Use Facilities of the Master Community "Lusail"
for their intended purpose.
18.2 The Tenant shall grant to the Lessor, third parties and/or residents of the Lusail
Development (as applicable) Easements in order to allow access to the Property as
anticipated by this Agreement.
19. Tenant’s Default
19.1 In the event that:
19.1.1 The Tenant delays in its obligation at any time,
19.1.2 There is a material breach by the Tenant of term or condition of this
Agreement,
19.1.3 A resolution is passed or a court order issued to wind up or liquidate the
Tenant whether voluntarily or compulsorily;
19.1.4 Any license and permit that the Tenant is obliged to obtain and maintain
cease to remain in full force and effect or not being renewed
19.1.5 The Tenant defaults in payment of the Rent or any instalment thereof or
fails to provide or replenish the Deposit; or
19.1.6 The Tenant transfers or assigns, or purports to transfer or assign, this
Agreement or Property and/or improvements erected thereon, or any
interest thereof to any third party Tenant or tenant in contravention of
Clause 26 (together the “Event(s) of Default”),
then the Lessor may serve notice on the Tenant requiring the Tenant to remedy the
Event(s) of Default within ninety (90) a day period.
20. Failure to Rectify of Event(s) of Default
20.1 If an Event of Default has not been rectified within the ninety (90) day period
Agreement – Draft – 23/04/2018 14
referred to in Clause 19 above then the Tenant shall find a replacement Tenant for
the property acceptable to the Lessor to assume all the Tenant’s obligations under
this Agreement and enjoy all of its rights. If this is not possible then six (6) months
after receiving such notice, this Agreement shall be automatically terminated
without the need for a further notice and without the need for a judgment and the
provisions of Clauses 22 and 23 shall apply.
21. Termination
21.1 Without prejudice to its other rights and remedies under this Agreement, the Lessor
may at any time before the Target Date for its sole convenience, and for any
reason, by issuing a notice to the Tenant terminate this Agreement upon twenty
four (24) months prior notice without the need for further notice or court judgment
and the Tenant shall have no right against the Master Developer for any losses or
damages.
22. Termination Obligations
22.1 On termination of this Agreement the following provisions shall apply:
22.1.1 The Tenant shall hand over all the as built plans and the construction
contracts as well as warranties and guarantees for any equipment’s or
material.
22.1.2 The Tenant shall pay all the outstanding dues and handover the buildings
free from any encumbrances and charges whatsoever.
22.1.3 The Parties shall act reasonably in arranging for an orderly wind down of
the arrangements between them.
22.1.4 Termination shall be without prejudice to any claims by either Party for
antecedent breach and the Lessor shall have the right to be fully
compensated for all the damages and losses that it has sustained and the
profit that it has lost.
23. Compensation on Termination
23.1 On termination of this Agreement due to the Tenant Default then the Tenant shall
pay to the Lessor
23.1.1 All the direct loss suffered by the Lessor as a result of the default by the
Tenant to perform its obligations under this Agreement (including, but not
limited to:
23.1.2 the reminder of the Rent;
23.1.3 the legal and other expenses incurred by the Lessor on the termination of
the Agreement;
23.1.4 the costs incurred by the Lessor in fulfilling the Tenant’s obligations, costs
and expenses of any necessary demolition of the Tenant’s improvements,
and reinstatement of the Property to its original condition and the expenses
related to the re-leasing of the Property.
23.2 The Lessor shall retain and take into account any amounts paid by the Tenant on
account of the Rent or carry out any maintenance require to make the Property
operational and to meet the Lessor’s losses, it being understood by the Tenant that if
the amounts so paid on account are insufficient to meet the Tenant’s losses, the
Tenant shall remain liable to pay the shortfall on demand.
Agreement – Draft – 23/04/2018 15
24. Returning the Property to the Lessor
24.1 At the end of the Contractual Term the Tenant shall return the Property including
the Fixtures and Fittings to the Lessor, in a good state of repair as ascertained by
two (2) accredited local valuers (at the Parties joint cost allocated on a 50:50 basis)
by taking into account the age of the Property. The local valuers, the Lessor and
the Tenant shall agree at least six (6) months prior to the end of the Contractual
Term the works and maintenance needed to be carried out for the Tenant to fully
comply with the requirement of this Clause.
24.2 In the event that there is a dispute as to type, natural of work and maintenance
needed required to be undertaken by the Tenant to the building then such dispute
shall be referred to an expert appointed by both parties and if the Parties fails to
agree on an expert then such expert shall be appointed by appointed by KPMG -
Qatar and if they refuse then it shall be appointed by E&Y Qatar as they deem
appropriate. The cost of the expert shall be paid by both parties equally. The expert
determination shall be binding and final.
24.3 Where the Lessor has to undertake maintenance and/or repairs at he due to the fact
that the Tenant has not complied with the terms of this Agreement then the Lessor
may retain and take into account any amounts paid by the Tenant on account of the
Rent to the extent necessary to complete such maintenance and/or repairs at the
Property and to meet the Lessor’s losses, it being understood by the Tenant that if
the amounts so paid on account are insufficient to meet the Tenant’s losses, the
Tenant shall remain liable to pay the shortfall on demand and the Tenant shall not
be entitled to any consideration, losses, damages and claims of whatsoever nature.
24.4 If the Lessor gives the Tenant notice, the Tenant shall;
o remove items it has fixed to the Property; and
o remove any alterations it has made to the Property; and
o make good any damage caused to the Property by that removal and restore
the property generally to its original condition.
24.5 At the end of the Contractual Term, the Tenant shall remove all chattels belonging
to or used by it from the Property.
24.6 The Tenant irrevocably appoints the Lessor to be its agent to store or dispose of any
chattels or items it has fixed to the Property and which have been left by the Tenant
on the Property for more than ten (10) working days after the end of the Contractual
Term. The Lessor shall not be liable to the Tenant by reason of that storage or
disposal. The Tenant shall indemnify the Lessor in respect of any claim made by a
third party in relation to that storage or disposal.
24.7 If the Tenant does not comply with its obligations under this clause then without
prejudice to any other right or remedy, the Lessor will be entitled to take reasonable
steps to return the Property back to the condition it would have been in had the
Tenant performed its obligations under this clause. All costs incurred in taking those
steps shall be a debt due on demand from the Tenant to the Lessor.
25. Force Majeure
25.1 Neither Party shall be liable for any failure or delay to perform its obligations
under this Agreement due to causes beyond its reasonable control, including, but
not limited to, acts of war, terrorism, acts of violence, flood, strike, earthquake,
accidents, riots and decisions of government which arise after the date of this
Agreement – Draft – 23/04/2018 16
Agreement (collectively “Force Majeure”).
25.2 If either Party consider that any circumstances of Force Majeure have occurred
which may affect the performance of its obligations under this Agreement, it shall
notify the other Party thereof as soon as possible and in any event within fourteen
(14) days after the commencement of such circumstances. Such notice shall
include full and detailed particulars of such circumstances and effect. The Party
giving such notice shall (if applicable) notify the other Party of the end of such
circumstances of Force Majeure within fourteen (14) days after the end of such
circumstances.
25.3 Upon the occurrence of any circumstances of Force Majeure, both Parties shall
take all reasonable measures to minimize the effect of such circumstances and shall
use their respective best endeavours to continue to perform their obligations under
this Agreement so far as reasonably practicable.
26. Sub Letting and Assignment of this Agreement
26.1 This Agreement may not be sub leased or assigned or transferred by the Tenant
except with the written approval of Lessor who may withhold his consent at his sole
discretion.
26.2 The Tenant may give the operation of the Property to an operator or a sub-Tenant
subject to the Lessor written consent and provided that the Sub-Tenant is a highly
reputable Tenant with sound operational experience and long good financial
standing. The Tenant and sub-Tenant shall deliver to the Lessor an acknowledgment
signed by the Tenant and sub-Tenant that that they shall remain jointly and
severally liable for the performance of all the obligations of the Tenant under this
Agreement.
26.3 The Tenant acknowledges and agrees the development aspect of the Property cannot
be assumed by or given to a third party.
26.4 The Tenant may assign this Agreement to a third party Tenant or sub lease the
Property or any part of it subject to the Lessor’s prior written consent. In the event
that the Lessor consents to the assignment or the sub lease, the Tenant shall pay the
Lessor any and all fees and/or costs that are associated with registering the
Agreement.
26.5 Each assignment shall be concluded by way of an assignment of the Tenant’s
interest in this Agreement to the third party assignee, which assignment shall be
executed by the Lessor, the Tenant, and the third party assignee, and such
assignment shall obligate the assignee, to assume the obligations of the Tenant
hereunder, including but not limited to, the payment of the balance of the Rent.
26.6 Any change in the majority shareholding of the Tenant or a sub tenant shall be
deemed to be an alienation of the Property for the purposes of this Clause.
26.7 Any breach by the Tenant of this Clause shall constitute a breach entitling the
Lessor to terminate this Agreement.
26.8 All advertising and marketing of the Property by the Tenant shall be approved in
advance by the Lessor and shall contain the following language: “Lusail City”.
26.9 The Lessor shall have the right to assign and/or delegate to other parties such
functions in the, operation and management of Lusail as the Lessor considers
convenient and/or necessary and all rights and exemptions reserved or granted to
Agreement – Draft – 23/04/2018 17
the Lessor by this Agreement shall apply, mutatis mutandis, to each such party. In
the event of any such assignment, and assumption by such assignee of the
obligations of Lessor to perform under this Agreement, Lessor shall thereafter be
released from any further liability under this Agreement and Tenant shall hold
Lessor harmless.
27. Relationship
27.1 Nothing in this Agreement is intended to constitute the Tenant as an agent, legal
representative, subsidiary, joint venture, partner or employee of the Lessor for any
purpose whatsoever.
27.2 Nothing in this Agreement authorizes the Tenant to make any contract, agreement,
warranty or representation on the Lessor’s behalf, or to incur any debt or other
obligation in the Lessor’s name, and the Lessor shall in no event assume liability
for, or be deemed liable hereunder as a result of any such action, nor shall the
Lessor be liable by reason of any act or omission of the Tenant in its performance
of its obligations hereunder.
28. Information
28.1 The Lessor does not give any warranty or undertaking as to the relevance,
completeness, accuracy or fitness for purpose of any of the information that it
provides to the Tenant.
29. Entire Agreement
29.1 This agreement and the documents annexed to it constitute the whole agreement
between the parties and supersede any previous arrangement, understanding or
agreement between them relating to the subject matter of this agreement.
29.2 The Tenant acknowledges that in entering into this agreement, the Tenant has not
relied on and shall have no right or remedy in respect of, any statement,
representation, assurance or warranty (whether made negligently or innocently)
other than as expressly set out in this agreement or the documents annexed to it; or
in any written replies which the Lessor's Conveyancer has given to any written
enquiries raised by the Tenant's Conveyancer before the date of this Agreement.
29.3 No representation or warranty is given or is to be implied by the Lessor entering
into this agreement nor any step taken by or on behalf of the Lessor in connection
with this agreement as to the suitability of the Property for the Tenant's Works or
business.
30. Notices
Any notice [or other communication] required to be given under this agreement shall be in
writing and shall be delivered personally, or sent by pre-paid first class post or recorded
delivery or by commercial courier, to each party required to receive the notice [or
communication] as set out below:
Lessor: Qatari Diar Real Estate Investment Company
P.O. Box 23175, Doha, Qatar
Tenant: xxxxxxxxxxxxxxxxxxx
P.O. Box xxxx, Doha, Qatar
Or as otherwise specified by the relevant party by notice in writing to each other party.
Agreement – Draft – 23/04/2018 18
Any notice [or other communication] shall be deemed to have been duly received:
if delivered personally, when left at the address and for the contact referred to in
this clause;
if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second
working day after posting; or
if delivered by commercial courier, on the date and at the time that the courier's
delivery receipt is signed.
A notice [or other communication] required to be given under this agreement shall not be
validly given if sent by e-mail.
The provisions of this clause shall not apply to the service of any proceedings or other
documents in any legal action.
31. Liability
31.1 The Tenant shall indemnify and hold the Lessor and its affiliates harmless from and
against any and all Third Party actions, claims, proceedings, damages, liabilities,
costs, expenses (including, without limitation, reasonable fees and disbursements of
counsel and experts, as and when incurred, in investigating or defending any such
action, claim or proceeding) arising out of this Agreement. This indemnity shall
terminate on the fifteenth anniversary of the Client's acceptance of the Project and
expiry/or termination of this Agreement.
31.2 Nothing in this Agreement shall relieve, either in whole or in part, any Third Party
involved in the design and/or construction of the Property its components, from any
obligation, responsibility or liability imposed on them by contract or by operation of
law.
32. Jurisdiction
This agreement and any dispute or claim arising out of or in connection with it or its
subject matter or formation (including non-contractual disputes or claims) shall be
governed by and construed in accordance with the law of Qatar.
33. Tenant’s Record Keeping Obligations and Landlords Right of Audit
33.1 Recording of Sales.
In the course of carrying out its business within the leasehold premises, the Tenant
shall make and keep a record of any and all sales or other transactions that occur
during business hours.
33.2 Books and Records.
The Tenant shall keep and maintain full and accurate books of account and records
relative to all sale or other transactions carried out from the leasehold premises in
accordance with standard accounting practices. The books of account and records
shall be kept for a period of two years following the submittal of its certified
quarterly statement for each quarter year to the Landlord.
33.3 Audit.
The Landlord, at any time within 30________ days after receipt of any certified quarterly
statement and after at least ___7_____ days prior written notice to Tenant, may cause an
Agreement – Draft – 23/04/2018 19
audit to be made of Tenant’s records and books reasonably necessary to audit Gross sales; provided that in no event will Landlord have the right to:
(i) audit books and records that do not pertain exclusively to the Premises; and
(ii) conduct any such audit more than once in any given calendar year.
All such audits must be conducted by a certified public accountant with a nationally
recognized accounting firm that is not paid on a contingency basis. The failure of Landlord
to conduct an audit within 1_____ years after tenant has delivered to Landlord its annual
statement of Gross Sales will constitute a waiver by Landlord of its right to dispute Gross
sales as specified in Tenant’s annual Gross sales statement.
Once notified the Tenant shall make all such books and records available for the audit at
Tenant’s home office or accounting office where such books and records are kept, whether or not located in the state in which the Premises are situated. Any such audit will be
conducted in a manner so as to minimize Interference with Tenant’s business operations
Landlord will provide a copy to Tenant of the audit results within __30_____ days after
Landlord ‘s receipt of the results, and Tenant will have the right to reasonable dispute them.
If the audit discloses any overpayment by Tenant of Percentage Rent in excess of (8% ) of
the percentage of gross sales, Landlord will refund to Tenant the amount of the overpayment
within _30___ days following Tenant’s receipt of a copy of the audit results. If the audit
discloses an under reporting of Gross Sales in excess of _ 15% ___ percentage of the
reported gross sales, and additional percentage rent is due as a result of the understatement,
then Tenant will also pay to Landlord he reasonable cost of conducting the audit (as
evidenced by invoices or other reasonable supporting documents delivered to Tenant) within
_7____ days following Landlord’s written demand. Landlord agrees that any information
obtained by landlord as a result of any such audit or inspection will be held in strict
confidence by Landlord and will not be disclosed to any third party.
IN WITNESS WHEREOF, the Provider, the Lessor and the Tenant have executed and
delivered this Agreement as of the date and year first written above.
Signed by xxxxxxxxxxxxxxx
for and on behalf of Qatari Diar Real Estate
Investment Company
.................................................
Group Chief Executive Officer
Signed by xxxxxxxxxxxxxxxxxxxx
for and on behalf of xxxxxxxxxxxx
.................................................
xxxxxxxxxx
Agreement – Draft – 23/04/2018
Schedule 1 - Collateral Warranties
Agreement – Draft – 23/04/2018
Schedule 2 - Master Community Lusail Declaration
Agreement – Draft – 23/04/2018
Schedule 3 - Health and Safety Policies
Agreement – Draft – 23/04/2018
Schedule 4 – Key Particulars
Tenderer to insert Proposed Monthly Rent / Revenue Share and
submit together with Commercial Proposal (Part 3)
Crescent Park F&B Kiosk – Block 5
Number of Floors 1
Target Area 25 m2
Monthly Rent/m2 QR …………./m2 < Tenderer to Fill >
Minimum Rent QR 300/m2
Monthly Rent QR ……………… or …....% Revenue
Share, whichever is higher < Tenderer
to Fill >
Minimum Revenue Share 7%
Security Deposit Two (2) Months rental to be paid upon
signing the Agreement
Contractual Term 3 Years from Target Date
Grace Period 18 Months
Target Date TBA
Marina District South F&B Kiosk – Zone 5
Number of Floors 1
Target Area 18 m2
Monthly Rent/m2 QR …………./m2 <Tenderer to Fill>
Minimum Rent QR 300/m2
Monthly Rent QR ……………… or …..% Revenue
Share, whichever is higher < Tenderer
to Fill >
Minimum Revenue Share 7%
Security Deposit Two (2) Months rental to be paid upon
signing the Agreement
Contractual Term 3 Years from Target Date
Grace Period 12 Months
Target Date TBA
Note: Proposed Monthly Rent / Revenue Share should not be less than minimum
threshold.
Signature: ........................................
Designation: .....................................
Date : ..............................................
Agreement – Draft – 23/04/2018
Marina District South Kiosk – Zone 8
Number of Floors 1
Target Area 23 m2
Monthly Rent/m2 QR …………./m2 <Tenderer to Fill>
Minimum Rent QR 300/m2
Monthly Rent QR ……………… or …..% Revenue
Share, whichever is higher < Tenderer
to Fill >
Minimum Revenue Share 7%
Security Deposit Two (2) Months rental to be paid upon
signing the Agreement
Contractual Term 3 Years from Target Date
Grace Period 12 Months
Target Date TBA
Marina District East Kiosk – Zone 5
Number of Floors 1
Target Area 23 m2
Monthly Rent/m2 QR …………./m2 <Tenderer to Fill>
Minimum Rent QR 300/m2
Monthly Rent QR ……………… or …..% Revenue
Share, whichever is higher < Tenderer
to Fill >
Minimum Revenue Share 7%
Security Deposit Two (2) Months rental to be paid upon
signing the Agreement
Contractual Term 3 Years from Target Date
Grace Period 12 Months
Target Date TBA
Note: Proposed Monthly Rent / Revenue Share should not be less than minimum
threshold.
Signature: ........................................
Designation: .....................................
Date : ..............................................
Agreement – Draft – 23/04/2018
Schedule 5 – Tenant’s Record Keeping
In accordance with Clause 33 the Tennant shall submit quarterly sales report setting out
monthly sales in the following format.
Month Gross Sales (QAR)
Itemized exclusion
from Gross sales Percentage Rent
1
2
3
Date: ________________
Tenant Name:__________________
Account Number: ________________
Signature constitute certification that the information contained in this statement is true,
accurate, and complete. If Tenant is a corporation or other entity, this statement must be
signed by a properly authorized person, such as an duly authorized officer or Director.