Disclaimer
Musataha Contract
Title 1: Introduction
Title 2: Preamble
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
Title 3: General Conditions of the Contract
By and between
Government of Abu Dhabi
Represented by
(……………......)
Owner (First Party)
and…………….
(………………….…....)
Musateh (Second Party)
Subject:………………………………………………………………………………………………………………………………………………………………………………………………………………………………
a) Particulars of the Owner (First Party) :
Name:
Capacity:
Address:
Telephone:
Fax:
E-mail:
b) Particulars of the Musateh (Second Party): (Name) :
Authorized Signatory (Name):
Capacity:
Address:
Telephone:
Fax:
E-mail:
Commercial License No.:
Expiry Date:
Licensed Activity :
ID No.
Date of Issue
c) Property:
Plot of Land No.:…….... Region:……… | Area: |
Nature of the licensed use: |
d) Musataha:
Duration (s) of Musataha: A total not exceeding fifty years | |
With effect from: | Ending on: |
Annual Musataha fees: | Method of Payment: |
On ........... Corresponding to ........ / ........... of ...............a Musataha Contract was concluded
by and between: Government of Abu Dhabi, represented by ................., located in P.O. Box (............), .................................... United Arab Emirates, hereinafter referred to as (Owner) or First Party.
Represented by His Excellency /…………………………………………….
And
..................... located in P. O. Box. (……),…………United Arab Emirates,
hereinafter referred to as
(Musateh) or Second Partv.
Both parties shall be referred to separately as (Party) and jointly as (Parties).
Pursuant to the following:
a. The introduction with all its clauses shall form an integral part of this Contract.
b. The Owner wishes to grant Musataha right to the Musateh on the property and declares being authorized to conclude this Contract.
c. The Musateh wishes to obtain the Musataha right for the objectives set forth in this Contract.
d. The Owner accepts to grant the Mustaha right, as defined in Article 1.5 hereof, to the Musateh for the development of the property pursuant to the clauses and conditions stated in this Contract.
e. Both parties acknowledge that the Musataha right granted under this Contract is a real right registered pursuant to Law No. (3) of 2005 concerning the regulation of Real Estate Registration in the Emirate of Abu Dhabi and its Executive Regulations.
Accordingly, the Owner and the Musateh agreed upon the following:
Owner: Government of Abu Dhabi in its capacity as the owner of the public lands in the Emirate, represented by the Chairman / Director of the concerned government entity who shall sign on its behalf.
Musateh: The natural person, legal or juristic entity that is the owner of the real right in the Musataha in this Contract.
Third Party: Any party to whom the Musateh gave the Musataha right as subcontractor, to whom it mortgaged or leased the Musataha right.
Government-owned Company: Any company wholly owned by the Government of the Emirate of Abu Dhabi.
Musataha Right: A real right enabling its holder to erect a building or plant on the land of others, by means of an agreement between such holder and the owner of the land. Such agreement shall determine the rights and obligations of the Musateh.
Musataha Fees: The cash amount paid by the Musateh pursuant to Clause (d) of the Introduction of this Contract.
Contract Period: The term of this Contract is as specified in Clause (d) of the Introduction of this Contract, including the period of extension thereof, in case the Contract was extended pursuant to Article 4.
Commencement Date: The commencement date of the term of this
Contract pursuant to Clause (d) of the Introduction of this Contract.
Property: The land that the Musateh wishes to develop and already described in Clause (c) of the Introduction and of which the limits or landmarks are specified in the property scheme in Annex No. 1.
Competent Authorities: Any authority, body or entity specialized in the issuance of a permit or license or the application of any of the legislations.
Project: Development project decided to be established on the property by the Musateh pursuant to the approved plans, including all that is amended and approved by the Owner and the competent authorities.
Financier (Pledgee): The bank(s) or financial institutions that the Musateh concludes contracts therewith concerning the financing of the Project or any part thereof.
Site Plan of the Property: The plan showing the geographical site, the dimensions, form and area of the plot of land covered by the Contract, the general assets or natural landmarks to be preserved therein as stated in Annex 1of this Contract.
Plans: Plans of the design idea and the construction plans to be submitted to the Owner and the competent authorities for approval thereof.
Permits: Every permit, license or approval to be obtained from the competent authorities related to the Project's works.
Improvements: The Project, infrastructure and all buildings, constructions, utilities, additions, installations and any other improvements made to the property.
Infrastructure: All structures referred to in Article 10 and all other infrastructures inside the property, created on the latter for the service of the Project.
Utilities: Sanitary drainage and sewerage, and provision of water, cooled water, electricity, gas, telecommunications and trash removal systems (if applicable) or other services.
Legislations: All applicable laws, rules, regulations and orders in force in the Emirate of Abu Dhabi and the United Arab Emirates.
Standards: The rules, regulations and standards applicable in the construction sector in the Emirate of Abu Dhabi and the United Arab Emirates, related to any of the aspects of the design, construction, demo-operation, completion, operation and maintenance of the Project.
Working Day: Any day except Fridays, Saturdays and any official holidays in the Emirate of Abu Dhabi and the United Arab Emirates.
The Musateh shall pay the Musataha fees to the Owner for the whole term of the Contract, and the payment shall be made annually, in whole, at the beginning of every year.
The Musateh shall pay, throughout the Musataha period, all the other taxes and fees of any description, imposed by any governmental entity on the property and on the improvements.
The Musateh shall pay, throughout the Musataha period, all the fees related to all benefits and services associated to the property, for example without limitation, the water, electricity, gas, telephone and waste removal fees from the property.
The Musateh shall be responsible, at its own expense, for the establishment, installation and maintenance of the infrastructure from the boundaries to the inside of the property and for operating the same pursuant to standards approved and accepted by the Owner and the competent authorities. These infrastructures include, without limitation, the communication systems (by virtue of the Laws in force), the roads, electric lighting and their electrical installations, irrigation system, drainage system, liquid and solid waste treatment and all installations and other infrastructure in addition to those necessary for the transport of persons and vehicles and for the provision of services and benefits to the Project.
The Musateh undertakes to adhere to all the laws, rules and regulations related to the environment and in force at the Emirate of Abu Dhabi.
The Musateh undertakes to the Owner the following:
a. To pay the Musataha fees on time and in the method specified in this Contract.
b. To register this Contract at the Properties Registrar in the Emirate of Abu Dhabi as a Musataha right and a real right as known and indicated in Law No. (19) of 2005 concerning Real Estate Property and its amendments, and Law No. (3) of 2005 concerning the regulation of Real Estate Registration at the Emirate of Abu Dhabi, its executive regulations and any other legislation issued later.
c. To be holder of all necessary licenses of the Project, provide all necessary data and applications, and pay all due fees.
d. To preserve the property and the Project, at all times during the Musataha period, in a good, safe and clean condition and to maintain them at its own expense.
e. To carry out the following, at all times throughout the period of this Contract and at its own expense:
f. Not to use the property and the Project for an illegal purpose or for a purpose other than that allowed under this Contract.
g. To maintain and repair the parts of the property, the improvements and the Project throughout the Contract term and preserve the same in a good condition, particularly all the machines, equipment, installations and their items or those erected therein or thereon at any time during the term of the Contract.
h. To exert due diligence to verify that the other parties or persons having exclusive possession of any part of the Project maintain, repair and preserve the parts in their possession in a good condition.
i. To comply with all current or future legislations that affect or are related to the use of the property and all legislations that may be issued or imposed by any authority having the right of jurisdiction or authority on the users of the property and the improvements and to compensate the Owner for any damages arising from the violation of these obligations.
j. To allow the Owner, its agents, engineers, contractors and employees, at all reasonable times, to enter the property and the Project and examine the same in order to verify the compliance with the provisions of this Contract by the Musateh.
k. To abide by all precautionary measures related to fire and safety and the provision of safe storage facilities of any chemical materials, flammable liquids, acetylene gas, alcohol, oil or volatile explosive materials that may invalidate any insurance cover - required to be obtained under the provisions of this Contract - or may reduce the same in any form whatsoever.
l. To deliver the property and the improvements thereof to the Owner upon expiry or termination of this Contract without any material or legal impediments or burdening rights (such as mortgage and other). The Owner shall have the right to request the Musateh to remove all improvements and hand over the property in its initial condition upon taking over and at the expense of the Musateh upon expiry or termination of the Contract.
m. To insure the property and the Project and to keep the insurance under the provisions of this Contract.
n. To create a separate account for the Project showing accurately the total cost of the Project, with the relevant documents proving all the costs and expenses spent by the Musateh in the establishment of the Project.
The Musateh shall:
a. lf the Musateh is a juristic person, it shall be committed to have taken all internal procedures of the company or establishment (pursuant to the legal form of the Musateh) and the legal requirements allowing it to enjoy the Musataha right, conclude this Contract and meet the obligations thereof in a way compliant with the constituent documents, rules, regulations and laws in force.
b. Implement the Project, the improvements and all the works at the property:
In the event of any disagreement or dispute due to, under or related to this Contract between the Owner and the Musateh, such dispute shall be referred to the competent Courts in the Emirate of Abu Dhabi.
This Contract shall be subject to the Laws of the Emirate of Abu Dhabi and the United Arab Emirates.
In witness whereof, both parties signed this Contract through their duly authorised representatives on the date stated in the beginning thereof.
In the Name and on behalf of the Owner (First Party)
In the Name and on behalf of the Musateh (Second Party)