This Indenture of Lease is made atKarachion this. day of, ‘Two thousand and (20 ) BETWEEN THE KARACHI DEVELOPMENT AUTHORITY, in corporated by President's Order No. 5 of 1957 read with Karachi Development Authority (Revival & Amending) Act-2016,Sindh Act No-XVI of 2016 hereinafter called “THE LESSOR” (Which expression wherever context so admits or require be deemed to include persons deriving title under it, and successor in Office & assigns) of the one part AND. MrJ/Mrs./Miss/Mst.. Slo, Dio, Wio, Walo. Resident of Holding National Identity Card No. ‘Through Attorney/Sub-Attorney. Slo, Dio, Wio, Wa/o Residing at Holding Compurterized National Identity Card No. hereinafter called "THE LESSEE" which expression wherever the context so admits or requires be deemed to include the persons deriving title under him/her/ them of the other part. WHEREAS the Lessor in exercise of the powers vested in it under the President's Order Improvement Scheme No. and the Lessor being seized and possessed of all lands included herein free from all encumbrances, lien and attachment, has allotted plot of Land/Quarter bearing No. ‘Sub-Block/Sub-Sector No., ‘Sector No /Block No. in the above said Townshipl Expansion Scheme to the Lessee upon his/her/their application and Whereas the Lessee has Paid the sum of Rs.. (Rupees ‘being the full Occupancy Value of the Plot/ ‘Quarter at the rate of Rs. per sq. yard and in addition has pal ‘one year rent advance for the said plot er annum ands entitled toa lease ofthe said plot of land/quarter for a term of 98 years. Now this Indenture Witnessth as follows. 1. _In consideration of the rent hereinafter reserved and of the covenants by the Lessee herein contained, the Lessor does hereby lease and demise unto the lessee all that piece or parcel of land bearing Plot(Quarter No.. Sub-Block/Sub-Sector No. BlocW/Sector No.__,_ measuring ‘sa.yds. or thereabout as delineated upon the plan hereto annexed and thereon coloured pink situated at the site of Lessor’s Improvement Scheme/Township/No.. for. area in Registration District, Sub-District and city of Karachi Police Station and butted and bounded as follows: ‘On tthe North by2 To hold the said plot (on which quarter has been constructed) unto said Lessee for a term of 99 years commencing from. day of of 20, Except ‘and Reserving unto the Lessor atall mes hereafter the right of passage and running of water ang soil, electricity, telephone or any other service or services from the adjoining and neighboring lands and the building now erected thereon through sewers, drains, pipes and channels in or under the land hereby demised and to make connection with such sewer, drains, pipes and ‘channel or any of them for the purpose of exercising the said right of running of water and (soil) } yielding and paying there for during the said term the clear yearly rental ae 5 (Rupees - atthe rate of Rs. 'persq, yard per annum or part there of payable in advance every year ‘onorbefore the firstday of Apri. 2. The Lessee convenants as follows:- (1) During the continuance of the term thereby granted to pay the respective rents {and other sums of money herein reserved and made payable athe time and in he manner herein reserved. (1-A)__ The terms and conditions on which the allotment has been made shalll have to be abide by the Lessee apart from these contained hereund (2) The Lessee shall pay, in addition to the rent hereby reserved to the Lessor, orto any local ‘authority all taxes, rates, assessment, duties, charges and imposition of every description which now are during the said terms shall be charged, assessed or imposed upon by the Lessor or by any lawful authority in respect of the demised land or any building, erection, ‘structure or any matter or thing thereon. (3) __If the said rent reserved or any other dues be not paid on the due date, a surcharge at the rate prescribed by the Lessor from time to time shall be charged upon the said outstanding amount. any oat any, time the said annual rent and Surcharge thereon, if any. or additional rent and/or any other dues remain in arrears for a period of two years or over, the Lessor shall be entitled to forfeit the lease and to resume possession of plo/quarter allotted to the Lessee. (4-A) The lessee undertake to pay on demand the additional development charges over and above the occupancy value already paid at the rate fixed by the Lessor from time to time. (5) ‘The said plot/quarter shall not be sub-divided or amalgamated with any other plotiquarter except with the previous consent in writing of the Lessor and subject to such terms as the Lessor may from time to time impose. * @)___ The Lessee shall not without the previous permission of the Lessor obtain in writing be entitled to any Fou ‘of access of light or air or any other easement to the Building erected or to be erected by Lessee on the said land hereby demised which would restrict or interfere with the user of adjoining or neighboring land or building or any other purpose. (7) __TheLessor shall always have right and be entitled without obtaining any consent from or making any compensation to the Lessee to deal as the Lessor may think fit with any of the land adjoining opposite or near to the demised plot{quarter and to erect or permitto be erected on such land and building what soever, not with standing that such building may affect or diminish light or air which may now or part thereof. * (8) The Lessee shall construct a building on the demised plot according to the approved plan within years of the service of the order of Possession by the Directorate of Land Management, KDA. The said plot and the building and structure thereon shall be used for purpose only for which it was allotted and it shall not be diverted either whole or any part thereot to any other use without the previous written consent of the Lessor. For breach of this covenant the Lessor shall be entitled to forfeit the lease and to Fesume the plot/building and to forfeit 10% of the total Occupancy Value. (9) At any time during the said term the Lessee shall not without the previous written consent of the Lessor erect or suffer to be erected any building or erections or make or= (10) _ The Lessee shall pull down and remove forthwith any building erection alteration ‘or addition erected or made in contravention of the provision herein. stated and in breach of the Lessee's convenants and shail immediately rectify the consequences of such breach. (11) The lessee shall not use the demised plot / quarter or any building or structure thereon or Suffer the same to be used for any business, manufacture or occupation or for any purpose orin any manner which adjoin or other premises in neighborhood. (12) _ The Lessee shall not carry on or permit to be carried on upon the demised plotor ‘any building or structure thereon any business of a licensed retailer or wines or spirits, restaurant keeper or caterer. He/she/they shall not use any part thereof as Office or Business premises, ‘of amusement. theater or cinematograph and shall prevent all bad and doubtful characters harboured therein an any gambling taking place thereon, unless the plot has been allotted for such purposes or a previous written consent of the Lessor has been obtained. (13) The Lessee shall maintain proper and effective arrangements for the disposal of debris and other wasie, and shall at his own costs connect the house drainage system of the ‘demised ploviquarterto the nearest public sewer. (14) The demised plot or any building or structure thereon shall not be used by the Lessee for the purpose of advertising or display of any advertisement, poster or notice withoutthe ee Darren) of comnplie SUA ky, CDA: Cesbcs) Oa pevinicnh acess) pieermed (15)__ The Lessee shalll keep the said plot and the buildings and structures thereon in clean and sanitary condition according to the directions of the Lessor or any Officer duly authorised by itin that behalf. (16) The Lessee shall permit the Lessor and its contractors, . servants or ‘workers at alreasonable times to enter upon the said ploUquarter and the building and structures thereon for the purpose of ascertaining the observance of these covenant or maintaining, testing or repairing service mains. pipes, cables, drains, sewers or culverts as may be necessary or as ‘occasion may require, (17) _ The Lessee shall not use or permit the use of any part if the demised plot or any building or structure thereon for public religious worship. (18) __ The Lessee shall instal and maintain in effective use and operation such latrines and septic tanks and adopt such measures against the commission of nuisance as may be necessary to keep the plot demised and the building and structure thereon in a completely ‘sanitary condition. (19) _The Lessee shall not interfere with and shall make all provisions and take all ‘precautions against fouling electric, telephone or telegraph lines, cables and inclines, drains or ‘Sewers of any service line communication which may at any time be upon or running through the (20) The Lessee may sell, gif, or transfer, assign or mortgage his/her/their rights in respect of demised plotpremiaes proved, he has obtained previous pormicsion of the Cossor Subject to payment of the fee prescribed for the purpose by the Lessor from time to time. Such transfers shall in every case be subject to the conditions of this lease, provided fabity of the ansferer shall continue uni @ writen notice of wansfer duly signed by the ‘and the transferer is served on the Lessor and the dues have been paid. (20-A) The Lessee shall have the right to transfer his/her rights under the Lease with the} ‘written consentto the Lessor subjectio the condition that the transferee or transferees also agree in writing to abide by all the terms and conditions of this lease and subject {to furhter payment by the Lessee to the Lessor prescribed transfer fee as fixed from time to time. (20-8) (Applicable in case of the Lessee is a Govt. servent or tion who has been allotted a plot out of the reserved quota):The gift, assign, sublease or otherwise transfer his rights under this lease for Commencing from the date of issue ofthe order of Alotment o himvher (@xcopt mortagage the plot for the purpose of raising loan to construct the building on the demised plot.) (20-C) The lessee shall be entitled subject to the conditions contained in this lease ‘deed to sub-lease any unit of the constructed4 Lessee together with documentary evidence to the Lessor. The Lessee shall however, pay the Sub-lease charges and the fee for issuance of permission to mortgage/assign to the Lessor fixed from time to time, before allowing sub-lease. In case of default, this lease deedis liable tobe forfeitedicancelled by the Lessor and to resume the plovbuilding for disposal. (21) The Lessee shall comply with all the provisions of the existing as well as future Jaws, and shall observe the existing as well as the future rules and regulations of the Lessor. The Lessee binds himself to pay the additions of the Lessor. The Lessee binds himself to pay the additional Development Charges over and above the Occupancy value already paid, as determined by the Lessor as and when demanded from time totime. (21-A)_In case the Building constructed there on is being mis-used the Lessor after service of a Show Cause Notice shall be entitled to forfeiticancel the lease deed and to resume the ploUbuilding for disposal. (21-8) That in the event after execution of the lease itis noticed or found that the Lease has been obtained by fraud Misrepresentation or Concealment of facts or on the basis is of the forged and fabricated documents, the Lessor will be competent to cancel the Lease and to resume possession of the Piot/Quarter after serving a 30 days notice tothe allotee/Leasee. (21-C) The Lessee or the subsequent owner shall pay the difference of Occupancy Value or any other dues accrued against the plot, if detected atalater stage. (22) _ Toindemnity and keep the Lessor and the Society well saved and harmless from ‘and against every claim or demand whatsoever arising from any act or default of the Lessee and ‘every suit action or proceeding in respect of the same.and keep the demised land and the building ‘and structures thereon free from legal process. (23) _ Ifthe plot is not utilized within the prescribed period and extension is given inthe period of construction (at the sole discretion of the Lessor), the Lessee shall pay a Penalty atsuch Tate of percentage of such occupancy value as determined by the Lessor for or before such ‘extended period. The period of construction Is extendable on yeerly basis up to maximum of 5 years (over and above the normal construction period) subject to payment of the penalty. In case the plot is not utilized up to a maximum limit mentioned above, the lease deed shall be forfeited andthe plot shall be resumed by the Lessor. (24) __Time shall be the essence of this agreement and lease shall be cancelled if construction is not completed within the period specified by the KDA. (25) __ All the arrears due from the Lessee in respect of the said plotiquarter shall also be recovered as Arrears of Land Revenue Apart from the forfeiture of the lease in case of default. (26) (Applicable to Industrial Plots on! a) The Lessee shaill not put the demised plot to any use other than the establishment and running of an Industrial Unit. This condition is the ‘essence of the contract and breach thereof shall make the lease liable to cancellation by the Lessor and forfeiture of 20% of occupancy value paid by the Lessee after service of due notice in writing on the Lessee. Ifthe Lessee desires to use the plot for an Industry other than the one for which it was allotted on the grounds that use would be more advantageous to the community or for any other reason, Lessee shall have to obtain prior permission of the Lessor subject to payment of the fee prescribed by the Lessor for the change of trade. Itshall be the exclusive responsibility of the Lessee to obtain permission for raising construction and for running the Industry from the competent authority or authorities including the Distt. Magistrate, Police Deptt. etc, and to obtain Import Licence for the Machinery equipmentetc. If he Lessee fails to comply with any of the terms and conditions of this ‘deed, or he is subsequently found to have secured the premises by mis- representation or if he is found otherwise unsuitable or not to have means to run the industry for which the plot has been lease out, the lease shall be cancelled by the Lessor and the Lessee shall be ejected therefrom in addition to all other penalties prescribed under this deed along with any other action that may be taken by the Lessor against the Lessee for mis-representation.5 (27) On cancellation of the lease due to breach of any of the terms and conditions contained ia this deed, the Lessor shall eject the Lessee, enter upon the ploUquarter and tal Lessor shail eject the Lessee, enter upon the plo/quarter and take over the possession of all buildings, structures, materials, machinery. equipments or other things found thereon and the Lessor shall aiso be entitled to dispose of by public auction all such buildings, structures, materials equipments tc, and recover all te Gul standing dues along with the penalties and ‘damages of all kinds from the sale proceeds ofthe same. The balance of the sale proceeds, ifany may be returned by the Lessor tothe Lessee. (28) (Applicable in case of Lessee being a partnership firm or a Joint Stock Extiee a parinerchip tm shail be of all tho of the partners joy and several ana if the Lessee isa Joint Stock Company shall be the shareholders in accordance with law. (29) _ Inthe event of any question or dispute arising under or in connection with these Presents (except as to ey matter the decision of which is specially provided for by these Conditions), the same shall be referred to the award of the Chairman, KOA, Karachi or his Nominee as a sole Arbitrator and the decision of the Arbitrator shall be final and binding on the parties and the provisions of the Arbitration Act 1940 and the rules and any statutory Modifications thereof shall be deemed to apply to and be incorporated in these presents. Upon every and any such reference the assessment of the cost of incidential to the reference and award respectively shail be in the discretion of he Sole Arbitrator. eae, Should the Lessee commits any breach of these presents not herein specially pve ‘or should be neglect to comply with any directions given to him by the Lessor or the orin any respect fail to carry out his obligations under these presents for the reasons not beyond his control, the Lessor shall have the powers to deciare the lease at an end and on such termination of the lease the Lessee will have no further claim whatsoever against the Lessor t at the option of the Lessor (such option to be exercised within six months of such termination) to receive the capital value of the Pee Sacre on such plot, and faili re Oe exercise of such option by the Lessor, the Lessee shal entitled to enter upon the premi within six months after the expiry of the seized six months to remove such building(s) and on failure to remove the same or any Benton thereof within the said period of six mont such Building(s) materials or such portion there of as is not'so removed shail bolong absolutely to the Sor, 3. JHE LESSOR HEREBY covenants with the Lessee that the Lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on his part to be observed and performed ™may peaceably hold and enjoy the said Plovquarier hereby leased during ithe continuance of the term hereby granted without any Nerruption or eviction by the partofthe Lessor or any person ot persons ighifully claiming from, under or in trust for the Lessor Provided that nothing herein contained shall limit or restrict the User of anyland or building in the neighborhood of the demised plot. 4 PROVIDED ALWAYS and itis hereby agreed and declaredas follows:- 2 ayalf{andwhenavor the said yearly ront hereby reserved or any part thereof or any ‘other dues payabie by the Lessee shall be in arrears for 21 days after the same shall havo _ become due (whether lawfully demanded or not) or whenever the Lassee shail at any time fail or neglect to perform or observe any of the covenants, conditions or agreements herein contained ‘on his part to be observed and perform or the lease has been obtained by misrepresentation, iawisl for the Lessor or any porson or persone duly authorised by tiainat bebertinns or cron 1@ Lessor or any person or persons duly aul at behalf into or uj the domised land/quarter or any part thereof in the hame of the whole to entitled to forell the E tore-enter and to lake possession of the same and ell buildings, erections, materials etc, and the like thereon and peaceably to hold and enjoy thenceforth without prejudice to any right of ‘action or remedy of the Lessor in respect of any antecedent breach of ary covenants by the Lessee herein before contained. my ee aon ofgntne expiry ofthe period of lease the Lessee desiresits renewal and e lease has not been determined earlier for breach of any of the terms and conditions on the ‘of the Lessee, or has not become liable for cancellation for any such reason, he/she shall be entitled to @ renewal of the lease for such further period and upon such revised terms as the. Lessor may determine or condition of his paying atthe time of renewal, such revised rents as may be fixed by the Lessor with a right to a fresh renewal on the expiration of each per 100 period of renewal. But should the Lessee not desire such renewal, or not consent to any of the conditions _ imposed by the Lessoras aforesaid or should the lease be forfeited on account of breach of any of __ the conditions there of as above stated, the said plot hereby leased, shall revert to the Lessor and all buildings fixtures, erections and all materials or like thereon shall on such expiration or determi ofthe I6ase become the absolute property of the Lessor, provided that for a period | 9fsix_months from the date of such reversion the leasee shall have the right to remove all such building, rections, materials or like as are his property. Any building, erection, terials or like |. nol remaved within the said period shall become ine absoute propery of the Lesser few fromm a prances and without payment of any compensation whatsoever by the Lessor for or not in6 @) be deemed to have been sufficient ‘The Lessee shall intimate any change in his/her postal address. Any notice shall ily served on the Lessee if forwarded to him/her by FReolalered, post addressed oi last known adress or if delivered by hand at the demised plot, A notice sent t shall be deemed to have been given at the fimo whotin ue Course of pect weak be delivered at he adcroce. IN WITNESS whereof the parties above named have hereunto set their respective hands and ‘Seals at Karachion the day, month and the year firstabove mentioned. Signed, sealed & delivered by the within named KARACHI DEVELOPMENT AUTHORITY in the prosenceof: Assistant Director (Rec) KARACHI DEVELOPMENT AUTHORITY Signed & delivered by the within named: The common Seal of : KARACHI DEVELOPMENT AUTHORITY (Checked by) Signature. Name. Dealing Clerk / Supdt. The Seal of the KDA was affixed hereto this__day of. Oss DIRECTOR Directorate of Land Management KARACHI DEVELOPMENT AUTHORITY, LESSOR: NAEEM PRINTING PRESS PHONES : 32626897 - 32624514