Cost of Tender form : Rs. 50,000/- Tender form No.. SCHEME (INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY) For

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2 Cost of Tender form : Rs. 50,000/- Tender form No.. SCHEME (INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY) For DEVELOPMENT OF INTERNATIONAL LEVEL CRICKET STADIUM CUM - SPORTS CITY IN NOIDA TERMS & CONDITIONS SCHEME OPENS ON : SCHEME CLOSES ON : DATE OF SUBMISSION OF TENDERS: FROM A.M. TO NOON DATE & TIME FOR OPENING OF TECHINCAL BIDS : AT 1.30 P.M. Note:- (i) (ii) Date of Opening of Financial Bids will be informed to the Technically Qualified bidders. In case more than one tender of the same highest amount is received against the plot, an auction will be conducted amongst these highest amount bidders, so as to enhance the highest financial bid quoted. 1

3 SCHEME (INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY) FOR DEVELOPMENT OF INTERNATIONAL LEVEL CRICKET STADIUM CUM - SPORTS CITY IN NOIDA The New Okhla Industrial Development Authority (NOIDA), hereinafter called NOIDA, hereby invites sealed Technical Qualification Bids and Financial Bids from interested eligible parties for development of INTERNATIONAL LEVEL CRICKET STADIUM CUM - SPORTS CITY in NOIDA. The bidder should submit sealed tender in the prescribed forms for development and construction of the INTERNATIONAL LEVEL CRICKET STADIUM CUM - SPORTS CITY. The land is offered on lease for ninety years on as is where is basis. DETAILS OF THE PLOT OF (INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY Sl. No. Plot No. Sector Area of the plot (approx. in Sqm.) Reserve price (in Rs. / sq.m.) Processi ng fee ( in Rs. ) Earnest money (in Rs. ) 1. SC ,03,000 26,200/- 10,00,000/- 50,00,00,000/- *Areas are tentative and can be increased or decreased at the time of handing over of possession. **45 Mt. wide master plan road in between Sector and 152 shall be constructed and maintained by the intending tenderer/ allottee/ lessee at their own cost before developing other developmental works in accordance with the construction norms. After constructing the aforesaid road same shall be handed over to the Lessor so as to utilization for general public. However, the road constructed shall be maintained by the allottee / lessee for the entire lease period. The area utilized for construction of road shall be counted in plot area and allottee/ lessee can avail the F.A.R. for this area. *** Earlier the plot in question was allotted to M/s Sutluj Agro Products Ltd. for development of Leisure City which was later canceled and a W.P of 2014 filed by the allottee before Hon ble High Court which is still pending. Hence, the allotment would be in compliance to the final decision of Hon ble High Court judicature at Allahabad in W.P. No of 2014 (M/s Sutluj Agro Products Ltd. Vs New Okhla Industrial Development Authority). The area of the land stated in these terms and conditions being approximate, the tenderer whose tender is accepted, shall have to accept any variation, upto 20% either way in the area of the land, for which the tender has been offered. 2

4 The premium of the land will proportionately vary due to such variation in the area. The broad terms and conditions and eligibility criteria etc. for development of (INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY are given in the Application Documents (hereafter referred to as DOCUMENTS) which can be obtained from HDFC Bank Sector-18, NOIDA. PNB, Sector-I, NOIDA. The scheme opens on 8 th June, 2015 and applications shall be accepted from the aforesaid date till the scheme closes on 26 th June, DEVELOPMENT OF INTERNATIONAL LEVEL CRICKET STADIUM CUM - SPORTS CITY: The development of INTERNATIONAL LEVEL CRICKET STADIUM CUM - SPORTS CITY to be carried out by the successful Applicant shall be planned for the International level Cricket Stadium and other sports & institutional facilities as per the specifications laid out by NOIDA along with other activities to support the development of the INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY as a whole. LAND USE OF INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY The permissible broad break up of the total area under INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY for different land uses shall be as under: (A) Recreational (International level Cricket Stadium and other sports, Institutional & Other Facilities and open areas) not less than 70 % (Mininum 35 Acres land land shall be used for construction of INTERNATIONAL LEVEL CRICKET STADIUM having capacity of 50,000 spectators and have adequate parking and other facilities as per norms of international level Cricket Stadium. Balance for other sports activities / facilities shall be utilized. ) (B) Commercial not more than 4 % (C) Residential including Group Housing (2200 persons per hect.) in residential areas only 26 % Considering the above land use pattern following planning norms shall be applicable:- 1. Maximum permissible ground coverage of the entire land shall be 30% 3

5 2. Maximum permissible FAR on total land shall be FAR & Ground Coverage in recreational land uses shall be as per prevailing bye-laws. 4. Permissible FAR for land use shall be allowed in the entire area within set back lines. 5. There shall not be any restrictions on the ground coverage and FAR in Residential including Group Housing and Commercial land use within the overall permissible limit of 30% ground coverage and 2.00 FAR (subject to approval of State Government) on total land. 6. Ground coverage and FAR permissible for commercial use can be utilized for recreational and residential (group housing activities). 7. Unutilized portion of FAR on recreational component on completion of sports, institutional, other facilities and open areas can be utilized towards residential developments. 8. The open/green areas on the recreational component (i.e. sports activities such as Golf Course stadium etc, and open spaces) will be considered as open/green areas for entire land. RESERVE PRICE, EARNEST MONEY AND PROCESSING FEES i. The reserve price for the total land earmarked for the proposed INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY shall be Rs. 26,200/- (Rs. Twenty six thousand two hundred only) per sq. meter. ii. Earnest Money shall be Rs. 50 crores. iii. Processing Fee shall be Rs. 10 Lacs (non refundable- non adjustable) ELIGIBILITY 1. Any proprietor or partnership firm, private or public limited company or a consortium of any of the above, can submit tender(s). The firms and the companies should be registered in India. 2. The tenderer should be competent to contract. 3. If a company wants to apply through a subsidiary company, then it should have a minimum of 51% share holding in the subsidiary company. It is clarified that in this case the applicant will be the subsidiary company who will have to qualify the minimum requirements of net worth, solvency and turnover. However, in case the tenderer/ consortium member is a company, then the qualifications of its holding company (ies) of the lead member and the relevant members or their subsidiary companies shall also be considered as the qualifications of the applying company/ consortium member. 4

6 4. In case of company, Board resolution authorizing the applicant to sign on behalf of the company shall be attached with the tender application form. 5. In case of partnership firm having more than one partner, all the partners are required to sign the tender document and the attached documents. In case the documents mentioned above are not signed by all the partners, then necessary authorization letter from all the other partners should also be enclosed. 6. In case of partnership firm the following documents should also be enclosed: i. a certified copy of duly registered partnership deed ii. certificate issued by Registrar of Firms In case of company, the following documents should also be enclosed: i. list of directors duly certified by the Statutory Auditors/ Chartered Accountant ii. list of share holders with number of allotted shares duly certified by the Statutory Auditors/ Chartered Accountant iii. copy of its Memorandum and Article of Association 8. In case the tenderers have formed a consortium;- a) Members of consortium will have to specify one Lead Member who alone shall be authorized to correspond with the NOIDA. Lead member should be the single largest shareholder having at least 30% share in the consortium. The shareholding of the lead member in the consortium shall remain at least 30% till the temporary occupancy/ completion certificate of at least one phase of the project is obtained from the Noida. Each member of the consortium with equity stake of at least 05% will be considered as the relevant member. The Lead Member of the consortium must necessarily be a Firm/Company registered in India with the appropriate statutory Authority. b) The lead member and the relevant members should jointly qualify the minimum requirement of net worth, solvency, turnover and experience. In case the tenderer is a consortium, then the qualifications of the holding company(ies) of the lead member and the relevant members or their subsidiary companies shall also be considered as the qualifications of the tenderer. c) In case of a Consortium, the members shall submit a Memorandum of Agreement (MOA) conveying their intent to jointly apply for the scheme(s), and in case the plot is allotted to them, the MOA shall clearly define the role and responsibility of each member in the consortium, particularly with regard to arranging debt and equity for the project and its implementation. 5

7 MOA should be submitted in original duly registered/notarized with appropriate authority. d) The members shall submit a registered/notarized Memorandum of Agreement (MOA) conveying their intent to jointly apply for the scheme, and in case the plot is allotted to them, to form Special Purpose Company(ies), hereinafter called SPCs, that will subsequently carryout all its responsibilities as the allottee. The registered MOA must specify the equity shareholding of each member of the Consortium in the proposed SPCs. The SPCs must necessarily be Firm(s)/ Company(ies) registered in India with the appropriate statutory Authority. The allottee and in the case of consortium, the lead member and/or the relevant member and/or SPC(s) incorporated by them, put together, will have to construct on their own a minimum of 30% of the total permissible FAR on allotted area. In case of a consortium, the responsibility of construction of this 30% of the total permissible FAR shall be clearly specified in the MOA submitted by the consortium alongwith bid document. The allottee and the members of the consortium shall have the option to sub lease a maximum of 70% of land allotted to them as per the arrangements specified by them in the MOA. e) Execution of more than one lease deeds can be made by sub-dividing the plot in favour of the lead member and/or the relevant member(s) and/or Special Purpose Company(ies) (SPCs) formed by them, which should be firm(s) or incorporated company(ies) registered in India. However, the area of each of such sub-divided plot proposed for execution of lease deed, as described above, should not be less than 8,000 sq. mtrs. and the said sub-division should be in accordance with the planning norms of the NOIDA. 9. Successful bidders can change the name of the executing company(ies)/body corporate(s) within 60 days from the date of acceptance of the tender after taking prior permission from the NOIDA. 10. However, the lessee/sub-lessee(s) will be allowed to transfer upto 100% of its shareholding, subject to the condition that the Lead Member (on the date of submission of the tender) shall continue to hold at least 30% of the shareholding in the SPC till the temporary occupancy/ completion certificate at least one phase of the project is obtained from the NOIDA. In compliance with the Govt. Order No. 5007/ (50)/10 dated 11 th October, 2010, issued by the Department of Tax & Registration, Government of Uttar Pradesh, the change in the name of shareholders does not amount to transfer of the property of the Company. The Change in Constitution Deed regarding change in the shareholders as a result of transfer of share in the Companies is not mandatory to be registered under Section 17 of the Registration Act, In addition to this, no 6

8 stamp duty of leviable on this CIC deed under Clause 23 of Schedule 1b of the Stamp Act, No transfer charges shall be leviable on the transfer of shares in the Companies and no prior approval of the NOIDA shall be required for transferring the shares. ESSENTIAL QUALIFICATIONS:- TECHNICAL ELIGIBILITY CRITERIA: Details of minimum two completed projects related to real estate development and construction activities (excluding merely trading in real estate) like land development/ housing/ colonizing jobs of bonafide allotted land/ commercial/ IT/ ITES projects development executed along with approximate cost and date of completion during the last 5 years to be submitted. The total compounding certificates / completion certificates should be a minimum of lac sq. ft. in aggregate of construction by the Tenderer/ Consortium Lead Member, its Relevant Members and their subsidiaries and holding company (ies), as per Annexure 1(c). FINANCIAL ELIGIBILITY CRITERIA: Parameters (i) Minimum Net Worth as on duly certified by the tenderer s statutory auditors/ Chartered Accountant (ii) Minimum Solvency as per Certificate not more than 6 months old, from a Nationalised/Scheduled Bank (iii) Minimum Total Turnover from real estate activities for the last 3 accounting years duly audited by the tenderer s statutory auditors/ Chartered Accountant i.e , and as per Annexure-I (b) of this brochure (iv) Earnest money (v) Processing Fee (Non adjustable/non refundable) Rs. 125 Crores Rs. 30 Crores Rs. 250 Crores Rs. 50 Crores Rs. 10 Lakhs Net Worth Calculation shall be done as below : (a) In case of a Company, Net-worth= Paid up share capital (excluding share application money) plus Reserves and surplus (excluding revaluation reserve) less Preliminary and pre-operative expenditure; less miscellaneous expenditure to the extent not written off; less accumulated losses; less intangible assets. Net Worth statement certified by the statutory auditors/ Chartered Accountant of the Company should be submitted. (b) In case of a Partnership firm, the contribution by each partner taken together in the capital of the firm shall be considered as Net Worth of the Partnership 7

9 (c) Firm excluding intangible assets, if any. Net Worth Statement certified by the statutory auditors/ Chartered Accountant of the firm should be submitted. Individual Net Worth statement (relating to application made by proprietorship firm) certified by the tenderer s statutory auditors/ Chartered Accountant along with certified true copies of income tax / wealth tax return with all its enclosures submitted to Income Tax Authority should be submitted. PLEASE ALSO ATTACH (i) (ii) List of projects in hand at present and the status, of their implementation, cost incurred and expected time of completion of each project separately. Organization chart, list of staff, details of in-house architectural facilities, list of structural consultants/engineers used during the last three years. NOTE:-(i) (ii) All amounts are in Indian National Rupees. In case of a consortium, the above information should be provided for the lead member and the relevant members only, who should jointly qualify the technical & financial eligibility criteria, as enumerated above. HOW TO APPLY 1. The intending bidder may apply for allotment of plot on prescribed Application Form. The Form shall be made available on payment of Rs. 50,000/- at HDFC Bank, Sector-18, Noida & Pujnab National Bank, Sector-I, NOIDA. 2. The Earnest money and processing fee should be in the form of Bank Draft/Pay Order in favour of New Okhla Industrial Development Authority payable at New Delhi/Noida 3. Two Separate envelopes should contain technical qualification bid (ENVELOPE No.1) and financial bid (ENVELOPE No.2), respectively. 4. Both these envelopes should be sealed and super scribed as TECHNICAL QUALIFICATION BID (ENVELOPE No.1) FOR INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY PLOT NO. SC-01 SECTOR- 152 and FINANCIAL BID (ENVELOPE No.2) FOR INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY PLOT NO. SC-01, SECTOR 152, respectively. 5. Both these sealed envelopes should be put into one envelope which should be super scribed as application for INTERNATIONAL LEVEL 8

10 CRICKET STADIUM - CUM - SPORTS CITY PLOT. This envelope should also be sealed before putting into tender box. 6. The demand draft for processing fee & Earnest money should be attached with technical qualification bid documents. 7. The following documents are required to be submitted with the Technical Qualification Bid documents placed in Envelope No.-I after getting them duly certified by the tenderer s statutory auditors/ Chartered Accountant. i. Certified true copy of Certificate of Incorporation/Certificate for Commencement of Business. ii. General information of the tenderer as per Annexure-1 (a) iii. Certified true copy of Memorandum & Articles of Association iv. List of Directors certified by a Chartered Accountant v. List of Shareholders certified by the statutory auditors/ Chartered Accountant. In case the numbers are large, list should contain details of major shareholding i.e of promoters, institutions, corporates and the public. vi. Audited annual reports for the last three (3) years i.e , and (in case unaudited for the year , CA s certified annual report should be submitted). In case of a Consortium, the audited annual reports of each MEMBER of the consortium for last three years shall be submitted. vii. Board resolution authorizing the person for making this application viii. Partnership Deed in case of Partnership firm ix. Copy of the certificate issued by Registrar of Firm. x. Net Worth Statement certified by the statutory auditors/ Chartered Accountant of the Company/ Partnership firm. xi. Certificate of Turnover from real estate activities for the last three years certified by the statutory auditors/ Chartered Accountant of the Company/ Firm as per format given in Annexure-I (b). xii. Solvency Certificate not more than 6 months old from a nationalized/ scheduled bank. xiii. Details of work experience along with copies of compounding certificates/completion certificates, issued by the concerned statutory authority as per format given in Annexure-I (c). Apart from the above list (not exhaustive) relevant documents mentioned in other part of this document also needs to be submitted. 9

11 ACCEPTANCE & OPENING OF TENDERS AND THE PROCEDURE FOR ALLOTMENT 1. Technical qualification bids for the tenders will be received on 26 th June, 2015 from A.M. to noon in the office of Deputy General Manager (Commercial), Sector 6, Noida and will be opened in the presence of the bidders at 1.00 p.m. on the same day in Board Room, Administrative Building,, Sector 6, Noida. The presence of all the tenderers is solicited. 2. All the Technical Qualification Bids shall be examined by the NOIDA, who shall declare the list of the technically qualified bidders. The decision of the NOIDA in this regard, shall be final and binding on all the bidders. 3. The Financial bids of only technically qualified bidders shall be opened subsequently. The Technically Qualified bidders shall be informed of the time and date of opening of financial bids. The Unqualified Technically bidders will not be informed regarding the opening of financial bids. However the list of technically qualified bidders along with the schedule of opening of financial bids shall be displayed on the notice board of the authority. 4. In case more than one tender of same highest amount is received against the plot, an auction will be conducted amongst these highest amount bidders, so as to enhance the highest financial bid quoted. 5. Incompletely filled tender document will be summarily rejected. 6. The tenderer cannot withdraw the Offer/Tender once made. 7. The NOIDA may, without assigning any reason, add one or more plots in the scheme and/or withdraw any one or all of the plots from the scheme at any stage. Similarly size of the plot may be increased or decreased. 8. The tenders shall be opened by the Committee constituted for this purpose by NOIDA. 9. The NOIDA may accept or reject any offer, including the highest bid, and his decision in this behalf shall be final and binding on the tenderer. There will be no correspondence on issues/grounds raised in technically disqualified bids. MODE OF PAYMENT AND PAYMENT PLAN 1. The successful bidder shall be issued an allotment letter for the acquired area and reservation letter for the balance un-acquired area. Allotment letter(s) of the area(s) contiguous to the already acquired and allotted land shall be 10

12 issued as and when the balance land (in full or parts) is acquired and available for handing over possession to the successful bidder. 2. All payment should be made through a demand draft/pay order drawn in favour of NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY and payable at any scheduled bank located in New Delhi/Noida. The applicant/ allottee should clearly indicate his name and details of plots applied for / allotted on the reverse of the demand draft/pay order. 3. The successful bidder shall be required to pay 5% of the total premium of the plot as reservation money after adjusting registration/earnest money within 30 days from the date of issuance of Acceptance Letter, otherwise the claim for allotment will be treated as deemed cancelled. No correspondence will be entertained in this regard. After confirming the receipt of 5% amount as mentioned above, the formal Allotment and/ or Reservation Letter will be issued. 4. The allottee on issue of formal Allotment and/or Reservation Letter shall then be required to pay 15% of the total premium of the plot allotted and reserved as allotment/reservation money within 90 days from the date of issuance of such Allotment letter(s). 5. The allottee shall also deposit due stamp duty (Stamp duty calculation should also be got verified from the concerned Sub-Registrar, Gautam Budh Nagar by the allottee himself/ themselves) for lease deed in treasury of District Gautam Budh Nagar and should produce a certificate to that effect in Commercial Department Noida within 180 days from the issue of allotment letter. 6. The balance 80% premium of the plot will be paid in 16 half yearly installments along with interest@ 11% p.a. from the date of issue of reservation letter for the land indicated in the brochure of the scheme/ reservation letter. 7. In case of default in depositing the installments or any payment, 14% compounded half yearly shall be leviable for defaulted period on the defaulted amount. 8. In case of default in payment of three consecutive instalments, allotment shall be cancelled by the Authority ; however in exceptional circumstances an extension of time for payment of instalment can be granted for which allottee shall pay defaulted 19% p.a compounded every half yearly instead of 14% compounded every half yearly. 9. Premium referred to in this document means total amount payable to the Authority for the allotted and reserved land. 11

13 10. All payments should be remitted by due date. In case the due date is a bank holiday then the allottee should ensure remittance on the previous working day. 11. In case of default, the allotment and reservation offer will be considered as cancelled without any further notice and the amount equivalent to Earnest money shall be forfeited. No interest will be paid on such amounts. However, this is subject to the clause Extension of Time of this document. 12. The payment made by the allottee will first be adjusted towards the interest due, if any, and thereafter the balance will be adjusted towards the premium due and lease rent payable. 13. The allottee shall not claim/ entitled for any benefit/ relaxation on the ground that the contiguous land has not been made available/ handed over. In such an event, the due date of payment of instalment shall not be changed in any case and allottee shall have to pay due instalment alongwith interest on due dates. 14. In case of allotment of additional land, the payment of the premium of the additional land shall be made in lump sum within 30 days from the date of communication of the said additional land as per prevailing policy of NOIDA. EXTENSION OF TIME 1. Normally extension for depositing the allotment/ reservation money shall not be allowed. However, on receipt of request from the allottee in writing and on being satisfied with the reasons mentioned, the NOIDA may grant a maximum of 60 days extension to deposit the reservation money/allotment money, subject to the payment of 14% (11% normal interest + 3% penal interest) per annum compounded half yearly on pro-rata basis. Thereafter, ordinarily no extension of time will be granted and the allotment will be cancelled along with the forfeiture of the earnest money. 2. In exceptional circumstances, the time for the payment of balance due amount may be extended by the Chief Executive Officer of the Authority. 3. However, in such cases of time extension, 14% per annum compounded half yearly shall be charged on the outstanding amount for such extended period. 4. For the purpose of arriving at the due date, the date of issuance of allotment letter will be reckoned as the date of allotment. 12

14 LEASE RENT In addition to the premium of plot, the Lessee shall have to pay yearly lease rent in the manner given below: (i) The ground rent/lease Rs. 1/- per sqm. per year for the first three years from the date of execution of the lease deed. (ii) Thereafter, the ground/lease rent shall be 2.5% p.a. of the total premium of the plot for next seven years of the first ten years. (iii) After ten years from the date of execution of the lease deed, the lease rent may be 50% and that rate will be applicable for the next ten years and this process will continue for future. (iv) The lease rent shall be payable in advance every year. First such payment shall fall due on the date of execution of lease deed and thereafter, every year, on or before the last date of previous financial year. (v) In case of failure to deposit the due lease rent by the due date, interest will be 14% p.a. (11% normal interest + 3% penal interest) compounded half yearly, on the defaulted amount and for the defaulted period.. (vi) The allottee/ lessee has the option to pay lease rent equivalent to % of the premium of the plot per year as One Time Lease Rent unless the Authority decides to withdraw this facility. On payment of One Time Lease Rent, no further annual lease rent would be required to be paid for the balance lease period. This option may be exercised at any time during the lease period, provided the allottee has paid the earlier lease rent due and lease rent already paid will not be considered in One Time Lease Rent option. NOTE: For the purposes of this document, the date of issue of the allotment letter shall be treated as the date of allotment and the date of execution of the lease deed shall be treated as the date of taking over of possession. POSSESSION 1. Approximately 5,00,000 Sq.mtrs. of land is proposed to be made available 13

15 to the lessee for the development of the INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY on the basis of actual acquisition and physical possession for plot no. SC-01, Sector NOIDA has earmarked 5,00,000 Sq.mtrs. approx. of land for the INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY out of which approximately 3,93, Sq, Mtrs. of land has already been acquired and is in possession of NOIDA. The allotment of balance land will be done as soon as the same is acquired and physical possession taken, for which Reservation Letter will be issued alongwith the Allotment Letter for the already acquired land. 2. Possession of allotted land will be handed over to the Lessee after execution and registration of lease deed. 3. Execution and registration of lease deed can be done only after a minimum payment of 20% of premium and payment of one year lease rent in advance. 4. Internal development of the sector shall be the full responsibility of the lessee and it shall be carried out as per the lay-out plan approved by the NOIDA. IMPLEMENTATION & COMPLETION OF PROJECT Implementation 1. The lessee shall be required to complete the construction of international level Cricket Stadium including parking and other allied facilities required for functioning of international level Cricket Stadium in first phase within 3 years from the date of execution of lease deed. 2. Apart of above, the Lessee shall be required to complete the construction of minimum 15% of the permissible area earmarked for institutional & other facilities within a period of 3 years from the date of execution of Lease Deed and shall complete the project in phases within 5 years. However, the residential and commercial development/ construction may be completed in phases within 7 years. Further more, the lessee has to develop residential and commercial component in the project in proportion to area earmarked for recreational uses. However, extension in exceptional circumstances can be granted by NOIDA, on payment of extension charges applicable as per prevailing policy at the time of granting such extension. Delays due to encroachment, force majure, legal issues like stay orders etc. shall be considered for extension. 3. The construction on the land shall have to be done as per the controls 14

16 prescribed under these Terms and Conditions and the building regulations and directions of the NOIDA. Completion 1. The Completion Certificate will be issued by the NOIDA on the completion of the project or part thereof in phases and on the submission of the necessary documents required for certifying the completion of the project or part thereof. Indemnity The lessee shall be wholly and solely responsible for the implementation of the Project and also for ensuring the quality of development/constructions, subsequent operations and maintenance of the facilities and services, till such time as the alternate agency for such work is identified and legally appointed by the lessee after prior written approval of NOIDA. The lessee shall execute an indemnity bond, indemnifying the NOIDA against all disputes arising out of: a) The non-completion of the project b) The quality of development, construction, operations and maintenance c) Any legal dispute arising out of allotment, lease and/or sublease to the final purchaser(s). GENERAL TERMS AND CONDITIONS Land for development of INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY shall be acquired by NOIDA and given to the lessee on free from all encumbrances lease for a period of 90 Years for which appropriate lease deed shall be executed between NOIDA and the lessee. The allottee will be required to execute the lease deed of the plot within 180 days from the date of issue of allotment letter. In case of failure to do so, the allotment of plot may be cancelled and 20% of the premium (proportionate tendered amount) of the plot may be forfeited. Amount deposited towards the extension charges, interest and other penalties etc. may also be forfeited. However, in exceptional circumstances, the extension of time for the execution of the lease deed and taking over possession may be permitted. The extension will be subject to the payment of 5% p.a. of the total premium of the plot at the tendered rate, which will be calculated on day to day basis. The relevant 15

17 documents/ certificate of demarcation of the plot carried out by the concerned Project Engineer of the NOIDA Authority shall be annexed with the lease deed. The date of execution of lease deed shall be considered as the date of taking over of physical possession and no plea contrary to this shall be entertained. The lessee shall develop the INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY by adhering the prescribed norms for this purpose. Composite Floor Area Ratio (FAR) of 2.00 on the total gross area of the allotted land will be permissible, which is fungible / transferable in different land use components as prescribed Subject to provision of Master Plan and regulation of NOIDA: The lessee shall be entitled to sub-lease the sports, other facilities and institutional activity, with prior approval of NOIDA/Lessor. o Commercial and residential area can be sub-leased without any approvals on tripartite agreement basis. o The transfer of whole plot and sub-lease of built up space shall be governed by the transfer policy prevailing at the time of such transfer or sub-lease of built up space. o Without obtaining the completion certificate the lessee shall have the right to sub-divide the allotted plot into suitable smaller plot as per the planning norms of the NOIDA only for the area available for residential & commercial use and to transfer the same to the interested parties, if any, with the prior approval of the NOIDA on payment of transfer charges at the rate prevailing on the date of transfer. However, the area of each of such sub-divided plot should not be less than 8,000 Sq.mtrs. o The allotment of land by NOIDA shall be on lease basis; however, in future it can be converted in free hold as per the terms and conditions specified by NOIDA. o Multiple renting shall be admissible to the lessee and for the sublessee as per prevailing policy. o The lessee shall make necessary arrangements of finances for development of INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY to the satisfaction of NOIDA. o The lessee shall make necessary arrangements for designing, engineering, and construction of the Project in accordance with the provisions of the Master Plan and regulations of NOIDA. o The lessee shall adhere to Government policies and relevant codes of BIS/IS relating to disaster management and energy conservation in land use planning and construction works. o The lessee shall obtain applicable permits/sanctions/approvals etc. from relevant Government agencies or local bodies or other authorities, as applicable. NOIDA shall assist and facilitate the lessee to procure the sanction/approval/ licence etc. expeditiously o Various incentives/ concessions including waiver of stamp duty etc. 16

18 shall be admissible to the lessee as per the State Govt. policy from time to time. o After the written approval of the Lessor/NOIDA Authority, the lessee can only implement/develop the project through its multiple subsidiary companies in which the allottee/lessee company shall have minimum 90% equity share holdings. (such subsidiaries are exempted from stamp duty for transaction between parent company and subsidiary company under the provisions of Indian Stamp Act as per State Government notification). o The lessee/ allottee who develop the project through its subsidiary company shall be entitled for sub leasing the portion of allotted/ leased land/ built-up area in favour of the subsidiary companies and the first transfer by such subsidiary company, of the said allotted/leased land/built-up area which is being developed or proposed to be developed by the subsidiary shall be without any transfer charges. However, for subsequent transfer/sub-lease, transfer charges as per prevailing policy (at the time of transfer) of the Lessor/NOIDA Authority shall be payable. o For the first transfer of land/ built-up area through sub-lease no additional charges or transfer charges shall be payable by lessee to NOIDA or any Authority. o The subsidiary company(ies) in whose favour sub lease deed is permitted shall be entitled to mortgage the portion of land which is being developed by them, as per rules of the Authority. o Areas are tentative and can be increased or decreased at the time of handing over of possession. If any un-resumed land falls within the area on offer, efforts will be made to resume it or to shift elsewhere. o The allottee/lessee shall abide by the suggestions of State Government if any, in the master plan of NOIDA. o Sub lease of land / built-up area shall be allowed on the basis of approved layout and building plans by NOIDA. LANGUAGE AND CURRENCY The tender and all related correspondence and documents shall be written in English language. The currency for the purpose of the tender shall be the Indian National Rupee (INR) TENDERER S RESPONSIBILITY It would be deemed that prior to the submission of the tender; the tenderer has made a complete and careful examination of: The eligibility criteria and other information/requirements, as set forth in 17

19 this Brochure. The various aspects including, but not limited to the following o All other matters that might affect the tenderer s performance under the terms of this tender, including all risks, costs, liabilities and contingencies associated with the Tender. The NOIDA shall not be liable for any mistake or error or neglect by the tenderer in respect of the above. MODIFICATIONS AND WITHDRAWAL OF TENDERS No tender shall be modified or withdrawn by the tenderer after the submission of the tender documents. No bidder is allowed to file more than one bid. In case more than one application is made by a bidder, all his bids will be rejected and the processing fee will be forfeited. Conditional tenders will not be accepted. DOCUMENTATION CHARGES The cost and expenses of preparation, stamping and registering the legal documents and its copies and all other incidental expenses shall be borne by the lessee, who shall also pay the stamp duty levied on the transfer of immovable property or any other duty or charges that may be levied by any statutory authority empowered in this behalf. UNSUCCESSFUL TENDERERS Earnest money draft shall be returned in original to the unsuccessful tenderer after completion of the tender process. The processing fee is non-refundable and non-adjustable. SURRENDER 1. The lessee can surrender the plot within 30 days from the date of allotment. In such case, earnest money deposited will be forfeited and the balance, if any, deposited against the premium of plot, will be returned without interest. 2. In case the land is surrendered after 30 days from the date of allotment, the total deposited amount or 10% of the total premium, whichever is less, will be forfeited and the remaining amount will be refunded without interest. However, the amount deposited towards lease rent, interest, extension charges etc shall not be refunded. 18

20 Note: The date of surrender in the above case shall be the date on which the application for surrender is received at the NOIDA s office. No subsequent claims on the basis of any postal certificate etc. will be entertained. MORTGAGE The mortgage permission shall be granted (where the plot is not cancelled or any show cause notice is not served) in favour of a scheduled Bank/Govt. organization/financial institution approved by the Reserve Bank of India for the purpose of raising resources, for construction on the allotted plot. The Lessee/sub-lessee(s) should have valid time period for construction as per terms of the lease deed/ sub lease deed or have obtained valid extension of time for construction and should have cleared upto date dues of the plot premium and lease rent. The Lessee/Sub-lessee(s) will submit the following documents: (a) Sanction letter of the scheduled Bank/Govt. organization/financial institution approved by the Government of India. (b) Clearance of upto date dues of the NOIDA. NOIDA shall have the first charge on the plot towards payment of all dues of NOIDA. Provided that in the event of foreclosure of the mortgaged/charged property, the NOIDA shall be entitled to claim and recover such percentage, as decided by the NOIDA, of the unearned increase in values of properties in respect of the market value of the said land as first charge, having priority over the said mortgage charge. The decision of the NOIDA in respect of the market value of the said land shall be final and binding on all the parties concerned. The NOIDA s right to the recovery of the unearned increase and the preemptive right to purchase the property as mentioned herein before shall apply equally to involuntary sale or transfer, be it bid or through execution of decree of insolvency from a court of law. OTHER CLAUSES 1. The Authority / Lessor reserves the right to make such additions / alternations or modifications in the terms and conditions of allotment/lease deed/sub lease deed from time to time, as may be considered just and expedient. 19

21 2. In case of any clarification or interpretation regarding these terms and conditions, the decision of the NOIDA shall be final and binding. 3. If due to any Force Majeure or any circumstances beyond NOIDA s control, NOIDA is unable to make allotment or handover the possession of the allotted plot, entire earnest money and/or the deposits, as the case may be, will be refunded, as per the prevailing policies of NOIDA. 4. If the Lessee commits any act of omission on the demised premises resulting in nuisance, it shall be lawful for the NOIDA to ask the Lessee/ sub-lessee(s) to remove the nuisance within a reasonable period failing which the NOIDA shall itself get the nuisance removed at the Lessee s/ sub-lessee(s) cost and charge damages from the Lessee/ sub-lessee(s) during the period of existence of the nuisance. 5. Any dispute between the Authority and Lessee/ Sub-Lessee(s) shall be subject to the territorial jurisdiction of the Civil Courts having jurisdiction over District Gautam Budh Nagar or the Courts designated by the Hon ble High Court of Judicature at Allahabad 6. The Lease Deed/allotment will be governed by the provisions of the U.P. Industrial Area Development Act, 1976 (U.P. Act No. 6 of 1976) and by the rules and/ or regulations made or directions issued, under this act. 7. The NOIDA will monitor the implementation of the project. Applicants who do not have a firm commitment to implement the project within the time limits prescribed are advised not to avail the allotment. 8. The lessee/sub-lessee(s) shall be liable to pay all taxes/ charges livable from time to time by the NOIDA or any other Authority duly empowered to levy the tax/charges. 9. Commercial premises/ residential premises as per the plans of the allottee approved by NOIDA shall be used for commercial/residential purpose only. In case of default, the lease deed is liable to be cancelled and the Lessee/ Sub- lessee(s) will not be paid any compensation thereof. 10. Other buildings earmarked for community facilities shall not be used for purposes other than community requirements. 11. All arrears due to the Lessor/Lessee(s) would be recoverable as arrears of land revenue. 12. The NOIDA in larger public interest may take back the possession of the land/building by paying a reasonable(s) compensation. The decision in this regard shall be final and binding on the lessee/sub-lessee(s). 20

22 13. In case the NOIDA is not able to give possession of the land in any circumstances, deposited money will be refunded to the allottee as per the prevailing policies of NOIDA. For further clarification please contact: General Manager, (Commercial) Main Administrative Building, Sector 6, Noida 21

23 APPLICATION FORM FOR TECHNICAL QUALIFICATION (To be kept in sealed Envelope No. 1) Tender Form No Date: To, The Chief Executive Officer, New Okhla Industrial Development Authority, Main Administrative Building, Sector 6, NOIDA Distt. Gautam Budh Nagar Uttar Pradesh Attested Photo of applicant / authorized signatory by Nationalized bank. Sub: Qualification details for the INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY plot No. SC-01, Sector 152, in Noida under SCHEME NO (INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY) Sir, With reference to the above subject,i/(we) Mr./Mrs being the director/partner/proprietor of M/s , Address ,hereby state that I/(We) are submitting herewith the required pre-qualification details and documents for development and marketing under the terms of the scheme for INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY plot of Noida. Registered Office address Phone No: Fax No : Correspondence Address Phone No:

24 Fax No : I/We declare that I/we have gone through the terms, condition and guidelines as mentioned in the brochure and understood the same. I/we further unconditionally declare that the said terms, condition and guidelines are accepted and are binding on me/us. Enclosures: 1. Details of Earnest money: DD/Pay Order No dated for Rs Issued by Details of processing fee: DD/Pay Order No dated for Rs Issued by All other supporting documents as mentioned in the tender document. Yours faithfully Signature of the applicant Name: Address Phone No Fax No

25 SCHEME NO (INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY) APPLICATION FORM FOR FINANCIAL-BID (To be kept in sealed Envelope No. 2) Tender Form No. Date: To, The Chief Executive Officer, New Okhla Industrial Development Authority, Main Administrative Building, Sector 6, NOIDA Distt. Gautam Budh Nagar Uttar Pradesh Sub: Price-bid document for INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY plot No. SC-01, Sector-152 in NOIDA under SCHEME (INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY) Sir, With reference to the above subject,i/(we) Mr./Mrs being the director/partner/proprietor of M/s , Address ,hereby state that I/We are submitting herewith the required price-bid document under the terms of the scheme for (INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY plot of Noida. RATE OFFERED PER SQUARE METRE (IN FIGURES ) Rs RATE OFFERED PER SQUARE METRE (IN WORDS )Rs I/We declare that I/we have gone through the terms, condition and guidelines as mentioned in the brochure and understood the same. I/we further unconditionally declare that the said terms, condition and guidelines are accepted and are binding on me/us. Yours faithfully Signature of the applicant 24

26 Name Address Telephone No Fax No Note: Tenderer will mention the tender rate both in figure and words. In case of difference in tender rates mentioned in figure and words, the higher rate mentioned either in figure or in words shall be considered as the final tender rate. 25

27 Annexure I(a) SCHEME NO (INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY) GENERAL INFORMATION OF THE TENDERER (To be kept in sealed Envelope No. 1) Tender Form No. Date: 1. (a) Name of Proprietorship/Firm/Company/Consortium: (b) (c) Date & Place of Incorporation Address of the Registered Office/ Corporate office and its Branch office (s), if any. 2. Details of the person of the Proprietor/Firm/ Company/Consortium who will serve as the point of contact/ communication for the NOIDA. Name Designation Proprietorship/Firm/Company/Consortium Address Telephone Number Fax Number address In case of a consortium: The information on the above point 1 & 2 should be provided for all the relevant members of the consortium including the information regarding the role assigned to each of the relevant member regarding the execution of the project. Sl. No. Name of the relevant member Percentage of Equity owned in the consortium Role assigned Place/Date: Signature (Name of the Authorised Signatory) For and on behalf of (Name of the Tenderer) Designation 26

28 ANNEXURE-I (b) SCHEME NO ((INTERNATIONAL LEVEL CRICKET STADIUM - CUM - SPORTS CITY) FINANCIAL CAPABILITY STATEMENT OF THE APPLICANT (To be kept in sealed Envelope No. 1) Tender Form No Date.. Name of Applicant / Consortium Lead Member & relevant members (Rs. Crores) Particulars * Total Turnover Total Turnover Total Turnover From Real estate From Real estate From Real estate TOTAL activities only activities only activities only Turnover of the Applicant/ Consortium Lead Member & relevant members as per audited annual accounts * in case unaudited for the year , CA s certified annual report should be submitted Real estate development and construction activities includes land development/housing/colonizing jobs of bonafide allotted land/commercial/it / ITES Projects development (excluding merely trading in real estate}. Certificate of the Chartered Accountant/ Statutory Auditor Applicant s signature Based on Audited Accounts and other relevant documents, we M/s.., Chartered Accountants/ Statutory Auditors, certify that the above information is correct. Signature and Seal of Chartered Accountants/ Statutory Auditors 27