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Agreement
with Dhaka University |
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DEED OF AGREEMENT
This Agreement for the use of Space at the South-East portion
of the ground floor of Senate Bhavan of Dhaka University Campus
described in Schedule “B” is made on this the 17th
day of June 2005.
BETWEEN
The University of Dhaka, Dhaka University Campus, P.S. Ramna,
Dhaka-1000, Bangladesh represented by its Treasurer, Syed Rashidul
Hasan hereinafter referred to as the First Party.
AND
Dhaka University Alumni Association of Room No. 203, Registrar
Building, Dhaka University Campus, P.S. Ramna, Dhaka- 1000, Bangladesh
represented by its Secretary General, Mr. Raquibuddin Ahmed of
House # 9, Apt # B/6, Road # 4, Dhanmondi R/A, Dhaka hereinafter
referred to as the Second Part.
PREAMBLE
WHEREAS the University of Dhaka was established in 1921 under
the provisions of Dacca University Act 1920 (Act XVIII of 1920),
as an unitary teaching and residential University, with a constitution.
After independence of Bangladesh, the Government of Bangladesh
adopted the aforesaid Act & promulgated the adaptation of
University Laws by the Bangladesh Ordinance No. 1 of 1972. Thereafter,
in pursuance of the Constitution of the People's Republic of Bangladesh,
the President Order No. 11 of 1973, which is called the "Dacca
University Order, 1973, was promulgated.
AND WHEREAS, with the initiative of some ex-students of the University
of Dhaka, on 24th September 1948, “Dhaka University Old
Boys Association” was constituted as a non- Political &
non- profitable Organization and thus officially recognized by
the First Party in its Executive Council meeting vide a Resolution
being No.13 dated 4.6.1960. Subsequently, the said Association
was re-named as “The Dacca University Alumni Association”
and on 17.5.1979 the said Alumni Association was registered under
the Societies Registration Act XXI of 1860 being No. of 1978-79
with the Registrar of Joint Stock Companies and Firms, Dhaka,
Bangladesh. The Alumni Association has its Constitution &
the objects inter-alia are (i) to uphold the image & tradition
of the University; (ii) to protect the over all interests of the
University & welfare of the Students; (iii) to provide financial
help to the poor, meritorious & deserving Students and (iv)
to undertake research for academic excellence etc.
AND WHEREAS in the year 1965, the FIRST PARTY vide a Resolution
being No. 26 dated 24.4.1965 of its Syndicate meeting allotted
the SECOND PARTY one Bigha of land free of cost within its campus
for construction of “Old Students House” but no such
land has yet been allotted to the Second Party although the First
Party & the Government from time to time have reiterated their
commitment to allot a piece of land for construction of “Alumni
House”.
AND WHEREAS the FIRST PARTY, in the meantime, constructed a 3-storied
building in its campus by the side of its “Registrar Building”
and named the same as “ Nabab Nawab Ali Chowdhury Senate
Bhaban”, herein after referred to as the Senate Bhaban (which
is situated on the land described in Schedule “A”
attached herewith).
And Whereas the Authorities of the Dhaka University including
the Members of its Syndicate & Senate and its Alumni being
an inherent & integral part of the University are complementary
to each other for over all development of the FIRST PARTY and
that the Dhaka University since its establishment has been producing
hundreds of Alumni every year who are in turn making outstanding
contributions in every field of human endeavor and created an
eternity of the University’s academic spirit.
AND WHEREAS the FIRST PARTY in consideration of the above and
pursuant to its aforesaid Resolutions to allot some area of land/space
to the SECOND PARTY and by virtue of a decision of the Syndicate
Meeting held on 12th August, 2004 and subsequently approved by
the Vice-Chancellor on 30th August, 2004 in a Joint meeting between
them held on the said date has now agreed to grant permission
and leave to the SECOND PARTY for a consideration for use of a
total covered space of 2536 square feet area at the ground floor
of the South-East part of the said Senate Bhavan, herein after
referred to as the demised premises (which is more particularly
described in Schedule – B attached herewith ) and the SECOND
PARTY has agreed to accept the transfer of the demised premises
from the FIRST PARTY and also agrees to gradually complete the
structural works of the Boundaries at the demised premises for
the Mosque, Food Court and Library on the ground floor of the
Senate Bhaban at the cost and expenses of the SECOND PARTY .
AND WHEREAS the SECOND PARTY shall use the demised premises for
its offices and the FIRST PARTY has agreed to grant the right
to the SECOND PARTY for such use reserving its own right as owner
to care, maintenance, and other services along with the Senate
Bhaban .
NOW, THEREFORE IN CONSIDERATION OF THE PREMISES AND MUTUAL COVENANTS
CONTAINED HEREIN THE PARTIES HERETO AGREE AS FOLLOWS:-
1. The FIRST PARTY agrees to grant and the SECOND PARTY agrees
to accept the permission and leave for a consideration for use
of the demised premises (Schedule “B”) constructed
on the land (Schedule “A”) belonging to the FIRST
PARTY comprising a total covered area of 2536 SFT (two thousand
five hundred thirty six square feet) in area more or less for
the purpose of setting up its Alumni Association Office along
with fittings and fixtures including the appurtenances, appendages,
rights, liberties, privileges, and rights of easements thereof,
and all kind of utility connections and other facilities and amenities
commonly to be used and enjoyed by the FIRST PARTY and other occupants
of the Senate Bhaban .
2. The SECOND PARTY in consideration of such Office accommodation
shall gradually develop following at the ground floor of the said
demised premises at its own costs and expenses which is the interest
of the SECOND PARTY in the demised premises ;-
(i) the Office space for Dhaka University Alumni Association comprising
2536 square feet in area, and (ii) further carry out the structural
works only (raising demarcation walls only) (iii) a Prayer Room
for Men comprising 3602 square feet in area, (iv) a Prayer Room
for women comprising 326 square feet in area, (v) a food court
comprising 2962 square feet in area, (vi) a library comprising
568 square feet in area, and (vii) a corridor comprising 1048
square feet in area as per approved construction plan. The vacant
space in the North-South part of the demised premises will be
used as the common corridor and the space beside the 3rd (third)
pillar of the Senate Bhaban in front of the proposed Alumni Office
at the
ground floor will be used by the SECOND PARTY as an Waiting Lounge
which will also be developed and constructed by the SECOND PARTY
at its own costs and expenses.
3. The FIRST PARTY shall provide the SECOND PARTY the revised
design, drawing and architectural plan (if any) of the building
so that the SECOND PARTY can undertake the works as mentioned
in Clause 3 herein above at its own costs and expenses which is
the interest of the SECOND PARTY in the demised premises.
4. The SECOND PARTY shall not make any structural alternations
or additions in or to the DEMISED PREMISE except the written approval
of the FIRST PARTY. But, the SECOND PARTY may make interior design
and decorations at its own cost according to its necessity &
choice and initial renovations etc and is also entitled to change
the same when required.
5. The intention of the parties by this agreement is to allow
the SECOND PARTY to use and occupy the demised premises as its
Office accommodation under the control and supervision of the
FIRST PARTY as owner of the DEMISED PREMISES . The SECOND PARTY
shall not sub-let any portion of the DEMISED PREMISES occupied
by it and shall use the premises only for the designated purpose.
6. The SECOND PARTY by complying with the terms and conditions
hereby reserved and performing the covenants herein contained
shall occupy and use the DEMISED PREMISE having an interest in
it and under an inherent and inalienable Part of the FIRST PARTY
by virtue of this Agreement without any prejudice or otherwise
by the FIRST PARTY.
7. Any dispute, differences, controversy or claim arising out
of or relating to this Agreement between the parties which will
be amicably settled by the Parties, and if not settled such dispute(s)
hereto shall be settled by arbitration in accordance with the
provisions of Arbitration Act, 2001 . The venue of arbitration
shall be within Dhaka Metropolitan City , Bangladesh. The award
given by the Arbitrator shall be final, conclusive and binding
upon the parties hereto.
8. The construction plan of the Senate Bhaban attached to this
Agreement shall be an integral part of this Agreement which has
been executed in duplicate, one for the FIRST PARTY and the other
for the SECOND PARTY .
S C H E D U L E S
SCHEDULE - A
All that piece and parcel of land containing by
admeasurement ……. (………) decimal
more or less together with a pucca building with all structures,
fixtures and fittings standing thereon known as Nabab Nawab Ali
Chowdhury Senate Bhaban situated in the campus of the University
of Dhaka in the Sub-Registration District Dhaka at present ……………
Mouza, Police Station Ramna being butted and bounded:
On the North by:
On the South by:
On the East by:
On the West by:
SCHEDULE - B
A total of 2536 SFT. (Two thousand five hundred thirty six square
feet) floor area, out of 20,733.56 SFT (Twenty thousand seven
hundred thirty three point fifty six square feet) at the South-
East part of the ground floor of the Nabab Nawab Ali Chowdhury
Senate Bhaban (Schedule- A) and a vacant space in the North-South
part of which will be used as common corridor (On thousand forty
eight square feet in area), the space beside the 3rd (third) pillar
of the Senate Bhaban (Schedule- A) to be used as a common waiting
space corridor by the SECOND PARTY within the demised premise
and the car parking area demarcated outside the Senate Bhaban
for the exclusive use of office by the LESSEE along with fittings
and fixtures including the appurtenances, appendages, rights,
liberties, privileges, and rights of easements thereof, and all
kind of utility connections and other facilities and amenities
commonly to be used and enjoyed by the FIRST PARTY and other occupants
of the Senate Bhaban (Schedule A) including water, gas, in house
PABX, TV cables, internet facilities and electricity lines and
connection, sewerage mains and generator facility (if any) etc.
ANNEXURE – A
The Building construction plan of the Senate Bhaban (Schedule
– A).
IN WITNESSES WHEREOF the parties hereto have executed this Deed
of Agreement on the day, month and year first above written.
Signed, Sealed and Delivered at Dhaka.
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FIRST PARTY
WITNESS:
1.
2. |
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SECOND PARTY
WITNESS:
1.
2.
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