amusement/water park at oasis tourist complex,...

Amusement/Water Park at Oasis Tourist Complex, Karnal

SCOPE OF WORK

1. The Department of Tourism (DoT), Haryana (the “Authority”) is engaged in the

development of Tourism activities in the State of Haryana & has decided to undertake development, operation & maintenance of Amusement/Water park at Oasis Tourist Complex on license basis for a period of 10 [Ten] years.

2. The Authority intends to pre-qualify suitable Applicants who will be eligible for participation in the Bid Stage, for awarding the Project through an open competitive bidding process.

3. The scope of work will broadly include developing, operating & maintaining the amusement park under and in accordance with the provisions of the Terms & Conditions of the Authority as contained in this tender document for a period of 10[ten] years to be entered between the selected bidder and the Authority in the form provided by the Authority as a part of the bidding documents pursuant hereto.

4. The project site is located on NH 1 at the Oasis Tourist Complex, Karnal. The Amusement/Water park is to be developed on 2.17 Acres of vacant land within the premises of the Oasis Complex.

5. The Successful bidder (the “licensee”) shall have the license to develop additional recreational facilities which are temporary in nature and in compliance with the applicable Laws and Regulations.

6. The licensee will be required to submit a detailed concept plan at the time of signing the license agreement for approval from the Authority.

7. The licensee has the right to charge and retain user fees for the usage of facilities from the people visiting the site.

8. In lieu of the development, operational & management rights of the site, the licensee shall provide an Annual License Fee which shall be escalated at 5% per annum over previous year’s fee.

9. Indicative capital cost of the Project as assessed is approximately ₹ 3.50 (Three Crore and fifty lakhs only) crore. The assessment of actual costs, however, will have to be made by the licensee.


BRIEF DESCRIPTION OF BIDDING PROCESS 1. Single stage two-step process will be adopted for selection of the licensee for award of

the Project. 2. All Bidders shall submit their Technical Proposal and Financial Proposal in a single stage. 3. The first step of the process involves qualification of interested parties on the basis of

the Technical Proposal submitted by the Bidders in accordance with the necessary documents.

4. At the end of the first step, the Authority shall shortlist pre-qualified Bidders. In the second step of the process, Financial Proposal of only these shortlisted pre-qualified Bidders shall be opened and evaluated for identification of the licensee.

5. Schedule of Bidding Process:

S. No. Event Description Date

1 Last date for receiving queries 13 – November – 2013

2 Bid Due Date 25 – November – 2013

3 Opening of Technical Proposal 25 – November – 2013

4 Opening of Financial Proposal 28 – November – 2013

5 Letter of Intent (LOI) 06 – December – 2013

6 Letter of Award (LOA) 09 – December – 2013

7 Signing of License Agreement 23 – December – 2013


ELIGIBILITY CRITERIA 1. The Technical Bid on prescribed format along with requisite supportive documents and

bid security of ₹7 (seven) Lac in the form of a Demand Draft in favor of Director General Tourism, Haryana, payable at Chandigarh is to be put in envelop “A” (duly sealed) whereas the Financial Bid on prescribed format is to be put in envelop “B” (duly sealed).

2. All the envelopes specified in Clause 1 of the Eligibility Criteria are to be placed in an outer envelope, which shall be sealed. Each of the three envelopes shall clearly bear the following identification:

“Bid for Development of Amusement Park at Oasis Tourist Complex, Karnal”

and shall clearly indicate the name and address of the Bidder. In addition, the Bid Due Date should be indicated on the right hand top corner of each of the envelopes.

Each of the envelopes shall be addressed to:

The Director General Tourism, Haryana Haryana Tourism Corporation SCO 17, 18, 19, Sector 17 - B – 160 017. Tel: No. +91-172-270 2955, 56, 57; Fax No. +91-172-270 3185, 270 2783. E-Mail: [email protected]

3. If the envelopes are not sealed and marked as instructed above, the Authority assumes no responsibility for the misplacement or premature opening of the contents of the Bid submitted

4. The bid security will be returned/refunded to the unsuccessful applicants/ tenders/ bidders only after finalization of the contract but not later than 3 (three) months.

5. The Registered Firms/Companies or individuals interested for the grant of proposed license must qualify as per the minimum eligibility criteria set out hereunder:

i. The firm should have operated and maintained at least 1 (one) Amusement Park/Camping Site/Fun park/Water Park/ Theme Park or other similar facilities in the last 2(two) years, OR

ii. The firm should have operated and maintained at least 2 (two) Amusement Park/Camping Site/Fun park/Water Park/ Theme Park or other similar facilities in the last 5(five) years

6. The Registered Firms/Companies or individuals interested for the grant of proposed license must have minimum average annual turnover of ₹2.80 Cr. (Rupees Two crore and eighty lac only)during previous 3 consecutive years from projects listed above or of similar nature.

7. The applicant must also enclose documents in support of fulfilling the above mentioned minimum eligibility criteria.

8. Conditional quote will be rejected. 9. The Financial Bid of the only those applicants would be opened who would qualify all

the stipulated technical criteria of the bid document.


SELECTION BID PARAMETER

An individual entity/ A Registered Firm/ Company/ A Consortium who qualifies first for the technical bid and then for the financial bid and offers the highest license fee would be selected as a licensee for developing, operating & maintaining this amusement park at the Oasis Tourist Complex for a period of 10 (ten) years extendable for further 10 (ten) years’ by granting the first right of refusal on a license agreement. The licensee should submit a Power of Attorney as per the format at Appendix – II, authorising the signatory of the Bid to commit the Licensee.


TECHNICAL BID

Format giving the technical details of the bidder for grant of license for running the Amusement Park at Oasis Tourist Complex on license basis for 10 (Ten) years

1. Name of applicant/firm, Company, Society ( in block letters) as given in Appendix II

2.

Date of incorporation (in case of company) / Date of formation of Consortium (in case of joint venture)

Date of Commencement of Business / Date of Start of Commercial Operation

3

Full address along with Telephone Numbers with STD Code

Residential (with documentary proof)

Office ( with documentary proof)

Mobile/Tel. No.

4.

Details of Experience (in establishing, running & operating each amusement/Entertainment park operated /managed) (Attach documentary proofs audited & certified by Statutory Auditors)

No. of amusement/Entertainment park(s) operated /managed

Name of Project Year of Start of Operation Nature/ Type of Park

5.

Turnover, Gross & Net Worth of the previous three years ( Documentary proofs certified by Statutory Auditors to be enclosed)

(₹ in lacs)

Financial Year 2010-11 ₹



6. The Proposed Tentative Investment which will be made (attach separate sheet, if required)

7. If successful, facilities proposed to be provided at the Amusement Park (attach separate sheet, if required)

Proposed Ancillary Activities & Allied Facilities

8. Brief description of the concept plan regarding the Amusement Park (attach separate sheet, if required)

9. Any other information that the applicant may like to add either in this sheet or as annexure.


The following information shall also be provided by the Bidder and each of the Members of its Consortium (where applicable):

No. Criteria Yes No

1. Has the Bidder/ constituent of the Consortium been barred by the [Central/ State] Government, or any entity controlled by it, from participating in any project (BOT or otherwise).

2. If the answer to 1 is yes, does the bar subsist as on the bid due date.

3. Has the Bidder/ constituent of the Consortium paid liquidated damages of more than 5% of the contract value in a contract due to delay or has been penalised due to any other reason in relation to execution of a contract, in the last three years?

(Attach more sheets wherever required for furnishing of additional information.)


Letter Comprising the Bid Dated: To, The Managing Director Haryana Tourism Corporation SCO 17, 18, 19, Sector 17/B Chandigarh Haryana – 160 017

Sub: Proposal for Project - Development of Amusement/Water Park at Oasis Tourist Complex, Karnal. [Name of Applicant], do, hereby, apply to the Director General Tourism, Haryana for the grant of license to operate and manage the Amusement Park at the Oasis Tourist Complex, Karnal in accordance with the terms and conditions of the Authority as contained in the tender document. [Name of Applicant] have read and understood the terms and conditions of the offer of allotment and hereby accept the same. [Name of Applicant] have also inspected the proposed site for which offer is being submitted. (In case of company /consortium only lead member would be authorized to sign affidavit & authorization letter.) Dated: Applicant: Signature of the authorized person Place: (Name in capital letters) Address: Contact number


FINANCIAL BID

Format for quoting the financial bid for the grant of license for operating & managing of the Amusement Park at the Oasis Tourist Complex, Karnal on license basis for a period of 10(ten) years. Certified that:-

a) [Name of Applicant] have read all the terms and conditions of the tender as contained in the tender document for developing, operating & maintaining of the Amusement Park at the Oasis Tourist Complex, Karnal on license basis for a period of 10 (ten) years and accept the same.

b) [Name of Applicant] hereby offer to pay a sum of ₹___ ___ (Rupees________________________ _____________) plus service tax/ surcharge as applicable at the time of payment as the license fee for the 1st year and is further confirmed to an increase of 5% every year subsequently over the previous year’s Annual License Fees till the completion of license period of 10(ten) years. All other taxes will also be paid by me/us extra, as applicable from time to time during the license period, to the relevant authority.

c) The license fee will be paid in accordance with the terms & conditions of the tender. d) The possession of the site area for the license period of 10(ten) years will be given to

the licensee from the date of receiving the Letter of Award in accordance with the Terms and Conditions of the authority as contained in the tender document pursuant hereto.

e) The period of 10 years and payment of license fee will commence immediately after taking over the possession of the project site.

f) [Name of Applicant] undertake to abide by all the provisions contained in the terms & conditions of the tender documents.

Signature of the applicant along with

Complete address & Mobile number

T.B.M.100.00

102'

proposedrailingdn

dn

ramp

dn

ramp existing shedsto be dismantled

32'

40'-6"

dn

FASTFOOD

PARKING AREA

40'

82'

52'

84'-1

"

633'-912"

827'

35'

35'

8" 1'-4"

8"

STATUE

BENCHES

BENCHES

proposed awning

28'-0" long as app.

with adjustable width

proposed awning

15'-0"x3'-6"as/app.

proposed car shed( 6nos.)

of size 50'x15' as app. (y)

sky lark canopy

as app. location

to be fixed at site (x)

proposed

canopy for sitting

G.F. PLAN

41 2"

XX

'

C

L

U

S

T

E

R

-

4

C

L

U

S

T

E

R

-

6

144'-4"188'-51

2"

proposedrailing

( 1.96ACRE)

SITE FOR AMUSEMENT PARK

( 0.21 ACRE)

198'-4 12 "

47'-0

1 2"


TENDER AGREEMENT

TERMS & CONDITIONS 1. That the license for running the Amusement Park At Oasis Tourist Complex, Karnal will

be granted for a period of 10 (ten) years. 2. The possession of the site area for the license period of 10(ten) years will be given to the

licensee from the date of receiving the Letter of Award in accordance with the Terms and Conditions of the authority as contained in the tender document pursuant hereto.The license period, however, can be reduced or cancelled earlier by the Authority in case there is any violation of the term and conditions of the agreement by the Licensee.

3. The land given on license is 2.17 acres approx on as is where is basis i.e. the area near the Petrol pump at the Oasis Tourist Complex, Karnal. The exact area shall be suitably demarcated and its physical possession will be given by the Authority to the Licensee for this purpose. Granting of such a license shall in no case confer or create any right or interest in the said land in favour of the Licensee.

4. That the License premises will be used only for the purpose for which the same has been permitted.

5. That the interested applicant will have to quote the Annual license fee in accordance with the provisions as contained in the Financial Bid documents.

6. That the eligibility criteria will be in accordance with the provisions as contained in the separate document titled “Eligibility Criteria” attached with this tender document.

7. That the Selection Bid Parameter will be in accordance with the provisions as contained in the separate document titled “Selection Bid Parameter” attached with this tender document.

8. The Bids (Technical and Financial) must be received in the prescribed formats in the o/o Director General Tourism, Haryana, S.C.O. 17-19, Sector 17-B, Chandigarh latest by [11:00 AM on 25th November 2012] in a sealed envelope along with an Bid Security worth INR 7 (seven) Lacs only in the form of a Demand Draft from a scheduled commercial bank (except Co-operatives and Regional Rural Banks), situated in India with minimum net worth of ₹1000 crores, in favour of Managing Director, Haryana Tourism Corp. Ltd., payable at Chandigarh in the manner as indicated in the separate document titled “Eligibility Criteria” attached with this tender document.

9. That the Licensee shall have to deposit the license money in equal quarterly installments to be calculated on the basis of yearly quoted amount as per financial bid/quote/offer. Each quarterly installment (1/4th of the relevant year’s license fee) will be payable by the 7th day of the respective calendar month. However, local post dated cheques for all the installments of the entire License period of 10 (ten) years shall have to be deposited by the Licensee in advance before taking possession of the site.

10. The licensee will have to give performance security as per the format at Appendix – I, equivalent to 15% of the Annual License Fee in the form of an unconditional and irrevocable bank guarantee before taking over the possession. In case of a breach of terms of conditions of the contract, the Authority can cancel the contract and encash the aforesaid amount of performance security. The security so deposited shall remain with the Authority during the currency of the license Agreement and the same will be returned only on satisfactory completion of the contract period provided it has not been forfeited earlier owing to contravention of the terms and conditions of the license agreement.

11. The Performance Security shall be from a Scheduled Bank in India or a financial institution, payable at Chandigarh. The Performance Security shall be valid for a period of 12 (twelve) months and shall be renewed every year, at least 30 (thirty) days prior to the date of expiry of the Bank Guarantee. All charges, fees, costs and expenses related to the Bank Guarantee shall be borne and paid by the licensee. The licensee


undertakes and warrants to the Authority that the Performance Security furnished as above shall be unconditional and irrevocable and shall continue to be effective and enforceable for 6 (six) months after the expiry of the license Period.

12. That in case of default/delay in the clearance of the cheques by the concerned bank within 10 days of its presentation in the bank, interest @1% (of the Performance Security) per day will be charged for each day of default. The maximum period of default should not exceed 15 days otherwise the premises along with its assets on it may be taken over by the Authority and the entire amount paid including the 15% performance security shall be forfeited. In such an eventuality process for inviting fresh tenders may be initiated without granting a right of first refusal to the existing licensee.

13. The Bid security of the highest bidder would be forfeited if he fails to deposit the due amount and to complete all other requirements in accordance with these terms & conditions. The Bid security of the second highest bidder will be kept interest free by Haryana Tourism till completion of all formalities with the Licensee but for not more than 3 (three) months.

14. The possession of the site would be given only on completion of the following requirements:-

a. Submission of all post dated local cheques for the entire licensee period for the various installments plus all applicable taxes & surcharges with licensor.

b. Execution of the agreement (on non-judicial stamp papers of requisite value to be purchased in the name of the Licensee) containing the prescribed terms and conditions.

c. Deposit of two passport size photographs, attested copies of ration card/ Voters I/card/Driving License/Aadhar Card etc.

d. Submission of the list showing the details of property supported by certified copies of related documents.

e. Attested photocopy of the PAN Card. In the event of failure of highest bidder to take over the possession of the site within three days of receiving the letter of award of site, the Authority shall have the right to consider the 2nd (second) highest bidder or to re-tender the entire project at the risk and cost of the highest bidder in order to realize the amount of loss sustained, if any due to the failure of Licensee to run the activity, besides forfeiting security and recovery of balance amount without any further notice to the licensee in accordance with law.

15. The Licensee shall pay water charges, electricity charges and all other charges/taxes/duties/cess etc. as may be applicable/ imposed/ levied by the Govt., local authorities or statutory bodies, during the period of License. That the Licensee shall be responsible for payment of all sorts of taxes on boating/rides/ swings and all other activities in the licensed premises like Entertainment tax/Luxury tax/Service tax/Surcharge/House Tax/VAT etc and all other applicable taxes as may be applicable/ imposed/ levied by the Govt., local authorities or statutory bodies during the period of License.

16. The Licensee shall have his own electricity connection from Uttar Haryana Bijli Vitran Nigam at its cost. Further, the Licensee shall also have its own water connection/supply to ensure sufficient supply of water for various water rides and for other activities in the said premises. However, the Licensee shall have the option of using the water supply of the complex, subject to its availability and to pay the proportionate charges, as assessed by the Incharge of the Complex.

17. The Licensee shall keep the area neat and clean and in case of failure to do so, the Authority will have the right to get it cleared at the cost of Licensee besides imposing fine of Rs. 5,000/- (Rs. Five Thousand only) for each such lapse. After three such fines in any year, the license may be cancelled by the Authority. Officer In-charge of the [Name of Location] will be competent to recover the amount spent by Haryana


Tourism on this account from the Licensee and/or fine, if imposed or to adjust the same out of any amount lying with Authority.

18. The premises shall be deemed to be a Public Premises as defined in the Haryana Public Premises and Land (Eviction and Rent Recovery) Act- 1972 (as amended from time to time) for all intents & purposes.

19. The Licensee shall appoint experienced staff in the conduct of business and in case his staff misbehaves or causes nuisance, the Licensee will be proceeded against and loss caused will be made good from the Licensee by the Licensor. Further, the Licensee and its employees shall be very courteous in dealing with the customers. The Licensee shall not indulge in any undesirable activity (s) or any activity which is forbidden by law.

20. That the Licensee shall take insurance cover from a recognized Insurance Company covering the risk of all causalities including death & total and/or partial injury/ disability causalities for any accident occurring in the licensed premises whether while using/riding the various machines/rides/swings etc. or otherwise for what-so-ever reasons to ensure safety of the users.

21. That the Licensee shall have to ensure proper safe guards/safety norms of the boats, water rides and all/any type of rides etc to be used in the said premises. He will be responsible for procuring valid licenses to operate the equipment(s) which may be required by any competent authority such as Certificates of Electrical & Mechanical installations, safety certificates etc as required by the State/District Administration or any other competent authority/law for the time being in force.

22. That the Licensee shall allow inspection by any officer deputed by the Authority to ensure that all safety norms are followed from time to time and also to ensure that there is no breach of terms & conditions of the License Agreement (to be executed before taking over the possession of the site).

23. That the Licensee shall ensure that all safety devices, precautions, instructions etc as are prescribed by the manufacturer/competent authority are adopted to ensure safety of the users. Further, the Licensee shall take all precautions and adhere to the safety norms prescribed under law from time to time and the Licensee shall be fully responsible for any mishaps that may occur at any stage and shall be liable to bear all risks and cost arising from such occurrences. The Licensee shall properly maintain the rides/equipments installed by him and shall ensure all safety norms under law as prescribed from time to time. Further, the Licensee shall be responsible for payment of any damages, claims, compensations etc as a result of any causality during operations or use of the machines, rides, games, swings etc in the said premises.

24. That the visitors, if using paddle/rowing boats shall make use of the life jackets. The boats and life jackets should carry water worthiness certificate granted by the competent authority. The Licensee shall ensure that the life jackets are of good quality and are available for use of the tourists using the paddle /rowing boats and the visitors shall not be allowed to do boating without wearing the life jacket. If any mishap occurs to the users not wearing the life jackets, the entire responsibility shall be of the Licensee.

25. That the said premises given to the Licensee or the purely temporary structures raised by the Licensee with the approval of the Licensor shall not be used for raising of loans from banks or the financial institutions. Similarly the said premises will not be used for giving of security or creation of any hypothecation or pledged for raising of any loan or giving of any security whatsoever. The licensed land shall be free from all encumbrances at all times for the license period.

26. That the Licensee can only sell snacks & beverage items in the said premises. If at all any sale outlet of F&B items is to be opened within the area of the licensed premises, prior consent from the Authority is mandatory.

27. That the licensee shall ensure the installation of adequate fire fighting equipment as per the norms in consultation with the Fire Department/Government Authority concerned.


28. That the licensee shall maintain adequate first aid arrangements at the licensed premises and the licensee shall also be responsible for immediate shifting of the person/tourist, if injured at the licensed premises and if required to be shifted to a referral hospital within reasonable time at the cost of licensee.

29. The Licensee shall observe and comply with all rules and regulations as prescribed by the State Government/ Govt. of India/ Haryana Tourism Corporation/any other competent authority including for the staff/workers engaged by the licensee. The shops & Commercial Establishment Act or the provisions of any Labour Laws including the rules and regulations of any other competent authority in force from time to time which may be applicable to the said business activity run the Licensee will be followed by the licensee and the licensee alone shall be responsible for any consequences for their violation.

30. The Licensee shall prepare and maintain such records and file such return as required under various laws and as required by the Licensor from time to time.

31. The facilities created will not be in competition with the facilities of the complex being run by the Licensor and shall be complementary/ supplementary to each other and shall help to promote tourism at that place.

32. The Licensee shall exhibit a Complaint Book at conspicuous place which shall be made available to the customer(s) on request and which shall also be open for inspection by the DDO of the Complex or by the Authority or its representative.

33. That the Licensee shall be responsible for any loss/damage to the property and the same shall be indemnified forthwith on being assessed by the Authority.

34. That in the event of the breach of any of the terms and conditions or the termination of the agreement/vacation of the shop/site by the Licensee before the expiry of the agreement, the Authority shall be entitled to forfeit the whole of the performance security deposit and the installments paid by the Licensee, besides terminating/ revoking the lease and on the revocation being made, the Licensee shall quit and vacate the premises without any resistance and obstruction and give the complete control of the premises to Licensor and shall not claim any compensation for any resultant injury thereof. The Authority will have the right to re-auction the activity at the risk and cost of the Licensee.

35. These terms and conditions are only illustrative and not exhaustive. If any more conditions need to be incorporated in the interest of the project at any later stage, the Authority shall be at liberty to do so and these shall be acceptable to the Licensee.

36. Licensee shall display the name, as mentioned in the agreement, in capital letters outside the site/premises immediately before the start of the activity. The matter shall, however, be got approved from the Licensor.

37. Purely temporary construction for the structures required for the rides/equipment shall be raised by the Licensee strictly in accordance with the provision of approved zoning plan.

38. The Licensee shall have to obtain mandatory approval from all competent authorities and also approval of the building plan of the project within six months from the date of offer of possession.

39. Handback of Transfer Assets a. Upon Termination of the Agreement for any reason whatsoever or the Expiry of Term

of License Agreement and consequent obligation of Licensee shall hand over/ transfer assets to Authority, on expiry of the Term –

i. All Movable Assets, movable property, stocks, materials, vehicles and spares relatable to Transfer Assets shall be transferred to the Authority or its nominee.

ii. All assets, duly certified by the concerned regulatory / licensing /


accreditation / rating agency, as given below: 1. Structural Safety Certificate of the Project Facility from competent,

reputed and recognized Structural Engineer Shall be transferred to the Authority or its nominee

iii. All immovable property, assets, structures, buildings, services, furnishings, edifices, court-areas, ways, walls, compounds relatable to Transfer Assets shall be transferred to the Authority or its nominee

40. The Licensee shall not be allowed any permission for residential use in the licensed premises.

41. The Licensee shall be responsible for the maintenance all green/open spaces within the licensed premises.

42. The Licensee shall ensure that no obnoxious/hazardous trade/illegal activities shall be run within the premises.

43. That the Licensee shall not use the said premises for any other purpose, except for which it has been licensed. The Licensee shall also not assign or sublet or part with the possession of the said premises or any part thereto to any other individual/ organization/ firm/company without prior consent from the Authority.

44. That the Licensee shall not carry any addition/ alteration in the premises without prior written permission of Authority.

45. That in case the functioning of the Amusement Park comes to a standstill before the expiry of license period due to natural calamities or any other unavoidable circumstances such as any untoward incidents like theft, riots or the failure of electricity or even change of the policy by the Govt., blockade of the road in front of the complex because of the construction of the flyover, expansion of road or blockade of the roads or for any such reason what so ever etc. , no compensation or any concession shall be admissible to the licensee.

46. That the Licensee will obtain various permissions as and when required as per the local regulations. In case of any offence on the licensed premises, the Licensee shall be solely responsible for its penalty and consequences.

47. That in case the Licensee suffers any loss on account of its being restrained by the Licensor for indulging in illegal activities or any contravention of any law or any term/condition of License, the Licensee shall not be entitled to any compensation whatsoever.

48. That the Licensee will not store any empty packing cases or baskets or any goods or any other material on any projection or the building or on the open space in front of the site/place of activity. The licensee shall be responsible for disposal of all used material, packings, waste water etc besides cleanliness of the entire licensed premises.

49. That the area in front of the licensed shop/site/activity or around the licensed premises shall not be encroached upon and used or allowed to encroach upon or used for any purpose other than a passage by the Licensee.

50. The Licensee will not install and operate any public address system or any other media in the licensed premises allotted to him, which may cause disturbance in area without written permission of the Authority.

51. Licensee would be allowed the exclusive right to run Amusement activities for which the license shall be granted on acceptance of highest bid. Authority shall not run the same activity itself or to lease out such activity at any location within the complex to


another Licensee. 52. Immediately on expiry of the license period, the licensee will hand over the vacant

possession of the site to the licensor in the same condition as was handed over to the licensee at the time of taking possession of the site.

53. That any dispute arising out of these terms and conditions shall be referred to the sole arbitration of the Authority or any other person who may be appointed for the purpose. The proceedings before the Arbitrator shall be governed by the provisions of the Arbitration & Conciliation Act 1996, as amended from time to time. The appointment of any person as Arbitrator would not be invalidated merely on the ground of his being associated with HTC as one of its officer in any capacity whatsoever.

54. All disputes shall be subject to the jurisdiction of the courts situated at Chandigarh, Haryana.


Appendix I: Format of Bank Guarantee for the Performance Security

[To be issued by any Nationalized Bank/Scheduled Banks in India]

From: …………………………………………………………………………

[Name and Address of Bank/ Financial Institution]

To,

The Director General Tourism

Department of Tourism, Haryana

SCO 17, 18, 19,

Sector 17/B

Chandigarh

Haryana – 160 017

1. ………………………………………[Name of relevant Bidder] (“Bidder”), has in response to the Tender

Document issued by Department of Tourism (DoT),Haryana (hereinafter referred to as

“Authority”) submitted a proposal dated [date to be inserted] 2013 (the “Proposal”) to

implement the _____________________Project

2. .…………………………………….[Name of Bank/Financial Institution](the” Guarantor”) with its

registered office at …………………………………, unconditionally guarantees to pay the Authority

upon first written demand and without deduction the sum of Rupees ………. (Rupees in words)

(the “Guaranteed Sum”) subject to the conditions set out below.

3. The Guarantor unconditionally and irrevocably promises to pay on demand the Guaranteed

Sum, without protest or demur whatsoever upon the receipt of a written demand from the

Authority which shall be final and conclusive as against the Guarantor requiring the Guarantor to

make payment to the Authority. The written demand made shall specify the occurrence of one

or more conditions set out in clause 5 and such demand notice shall constitute prima facie

conclusive evidence of the occurrence of such events or conditions.

4. No underlying dispute as between the Authority and the Bidder, nor any pending Proposal for

interim relief or arbitration proceedings or other legal proceedings shall constitute any ground

for prevention, delay or obstruction for making payment to the Authority by the Guarantor and

the existence of any disputes or differences or claims in arbitration or otherwise shall not

constitute any ground for non‐payment on this Guaranteed Sum.


5. The Authority shall notify the Guarantor of its demand for payment of the Guaranteed Sum

without any deduction of whatsoever nature and without reference to any claim or counter

claim or set off, upon the Authority’s notification that:

(a) upon the occurrence of any of the conditions for default as set out in the terms and

condition of the tender agreement

(b) there has been non‐compliance of the conditions precedent as provided in the tender

agreement.

Certification by the Authority of the occurrence of such event, shall be conclusive and binding on

the bank/financial institution.

6. This Guarantee shall be valid for a period of 365 days from the date mentioned herein.

7. The release of this Guarantee and its return will be exclusively notified by the Authority and in

the event of the Authority requiring revalidation or extension of this Guarantee, the Guarantor

has accepted and shall be obligated to make such extension in favour of the Authority for a

further minimum term of six (6) months and the Bidder is deemed to have made the request for

such extension upon the execution and furnishing of this Guarantee in the first instance. The

Guarantor shall not refuse such extension nor shall the Bidder be eligible to file any proceedings

for stay or return of Guarantee for any reason whatsoever.

8. This Guarantee shall be valid and effective for enabling the Authority to lodge a claim for

payment under the Guarantee till the date of expiry of the term of the Guarantee. The

Guarantor shall be obligated to make payment upon the Guarantee forthwith on demand if the

claim is lodged within the claim validity period and the obligation to pay would be subject to

normal limitation for payment of claims upon a guarantee. Time is of essence for payment and in

the event of failure to make payment, the Guarantor shall be obligated to pay compound

interest at Two Percent (2%) above the prime lending rate of the Guarantor institution,

compounding quarterly in the event of the Guarantor‘s failure to make payment upon the

Guarantee for any reason whatsoever. Payment of interest as provided would be no excuse for

delayed payment or non‐payment.

9. No change in the constitution of the Bidder or of the Guarantor shall be a ground for release of

the Guarantee and no variation in the documents of the Tender Agreement made post selection

of the Bidder, or post making of the Proposal, shall constitute a variation, which would, subject


to the terms and conditions of this agreement, discharge the Guarantor. The Guarantor shall

notwithstanding such change, be bound to make payment upon the Guarantee on demand.

10. The Guarantor agrees that it will not assign its obligations under this Guarantee without the

prior written consent of the Authority. The Authority will not unreasonably withhold its consent

if the proposed assignee is of at least equal financial standing to the Guarantor and the assignee

assumes in writing the obligations of the Guarantor under this Guarantee at the same time or

before the assignment.

11. This Guarantee binds the Guarantor, its successors and permitted assigns.

SEAL OF [BANK/FINANCIAL INSTITUTION] ………………………………..

NAME OF [BANK/FINANCIAL INSTITUTION] ………………………………..

SIGNATURE ……………………………..

NAME ……………………………..

TITLE ……………………………..

DATE ……………………………..


Appendix II: Power of Attorney for signing of Proposal

Know all men by these presents, We…………………………………………….. (name of the firm and address of

the registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr/ Ms

(name), …………………… son/daughter/wife of ……………………………… and presently residing at

…………………., who is presently employed with us/ the Lead Member of our Consortium and holding

the position of ……………………………. , as our true and lawful attorney (hereinafter referred to as the

“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or

required in connection with or incidental to submission of our Proposal for the Development of

Amusement Park at Oasis Tourist Complex, Karnal proposed or being developed by the Department

of Tourism, Haryana (the “Authority”) including but not limited to signing and submission of all

Proposals and other documents and writings, participate in Pre‐Proposal Conference and other

conferences and providing information/ responses to the Authority, representing us in all matters

before the Authority, signing and execution of all contracts including the Concession Agreement and

undertakings consequent to acceptance of our Proposal, and generally dealing with the Authority in

all matters in connection with or relating to or arising out of our Proposal for the said Project and/ or

upon award thereof to us and/or till the entering into of the Concession Agreement with the

Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and

things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the

powers conferred by this Power of Attorney and that all acts, deeds and things done by our said

Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been

done by us.

IN WITNESS WHEREOF WE, …………………………., THE ABOVE NAMED PERSON(S) HAVE EXECUTED THIS

POWER OF ATTORNEY ON THIS ……… DAY OF …………13


For

…………………………..

(Signature, name, designation and address)

Witnesses:

1.

2.

(Notarised)

Accepted

……………………………

(Signature)

(Name, Title and Address of the Attorney)

Notes:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if

any, laid down by the applicable law and the charter documents of the executant(s) and when it

is so required, the same should be under common seal affixed in accordance with the required

procedure.

Wherever required, the Bidder should submit for verification the extract of the charter

documents and documents such as a resolution/ power of attorney in favour of the person

executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.

For a Power of Attorney executed and issued overseas, the document will also have to be

legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is

being issued. However, the Power of Attorney provided by Bidders from countries that have

signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian

Embassy if it carries a conforming Appostille certificate.

amusement/water park at oasis tourist complex,...

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