YUKIO SUZUKI CAM-JAP DEVELOPMENT CO

YUKIO SUZUKI CAM-JAP DEVELOPMENT COMMUNITY
CJCD CITY DEVELOPMENT CO., LTD

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MEMORANDUM OF UNDERSTANDING ON

The Delivery – Acceptance of services for leveling sand pump to the building site along National Road 1 at Kilometer No. 53, geographically located in Kampong Phnom and Preaek Tonloap Communes, Leuk Daek District, Kandal Province, on land area ……….…………… (…………………………thousand) Hectares and on the project construction contract within the above mentioned city development building site.



No.: …………………… Phnom Penh, January 20th, 2014



This agreement is executed by


Between


- The Company: LY PICH SAMNANG APHIVATH CO., LTD.

- Represented by: Mrs.LY NARY
- Passport No.: ……………………………………………………………………………………………………………………..
- Office address: ……………………………………………………………………………………………………………..……
- Telephone/desk phone: ………………………………………………………………………………………………..…..
-Email:…………………………………………………………………………………………………………………………………
- Name of bank: ……………………………………………………………………………………………………….………….
- Address: …………………………………………………………………………………………………………………………….
- Account name: …………………………………………………………………………………………………..………………
- SWIFT: ………………………………………………………………………………………………………………….……………
- Bank telephone: …………………………………………………………………………………………….…………………..
- Bank fax: …………………………………………………………………………………………………………………………….

The principal, hereinafter referred to as Party “A”



And


- The Company: BANG ZHOU MARINE ENGINEERING CO., LTD



- Represented by: MR.CHEN CHUAN YUNG
- Passport No.: ……………………………………………………………………………………………………………………….
- Office address: ……………………………………………………………………..............
- Telephone/desk phone: ……………………………………………………………………………………………………….
- Email:…………………………………………………………………………………………………………………………………..
- Name of bank: ……………………………………………………………………………………………………………………..
- Address: ……………………………………………………………………………………………………………………………….
- Bank account No.: ………………………………………………………………………………………………………………..
- SWIFT: ………………………………………………………………………………………………………………………………….
- Bank telephone: …………………………………………………………………………………………………………………..
- Bank fax: ………………………………………………………………………………………………………………………………

The contractor, hereinafter referred to as Party “B”



References:
- Letter of Authorization No.: ………………..….. dated ……….………….. of the Council of Ministers,
- Sub-decree No.: ………………… dated ……………………………., 2012, on the Investment Approval,
- Partnership Agreement No.: …………………………………………………………………………………………….
- Record of Inspection of Sand Dredging Machineries is ……………, dated ………………….., 2013
Now therefore, the two Parties hereby agree on the following terms and conditions: Article 1: Purpose of this MOU

1.1. This Agreement sets forth the memorandum of understanding on the delivery- acceptance of services of sand pumping to the reclamation site and for the construction project in the so-called development site. In this agreement,
- Party “A” as the Principal
- Party “B” as the contractor to provide the sand dredging and construction services (canal,
canal bank, road, bridge, housing residents, factory, drainage system…)

1.2. Party “A” agrees to award the contract for provision of services of sand dredging to the reclamation site on …………………(………………………thousand) hectares to conduct the feasibility study of the construction project (canal, edge of the canal, road, bridge, factory and residential buildings…) as well as of the infrastructures existing within the said development project which is geographically located on National Road 1 at kilometer No. 53 in Kandal province’s Kampong Phnom and Preaek Tonloap Communes, Leuk Daek District.

1.3. The two Parties mutually agreed on the service fee for sand pumping to the reclamation site at ……………… USD (………………………………...dollars) per cubic meter with a distance to be



calculated form the dredging site to the end of the reclamation site boundary; the length of which shall be no more than 13km.

1.4. Upon completion of the sand pumping, filling in and leveling of the site to the same level of National Road 1 by Party “B”, Party “B” shall proceed with the feasibility study of the construction project; the duration of which shall be for 20 (Twenty) days. Upon completion of the project feasibility study by Party “B” in collaboration with the agents and qualified engineers named by Party “A”, Party “B” shall present the report of Bill of Quantity (BQQ), samples and technical specifications and engineering materials to Party “A”. And within 9 working days after the submission of the project feasibility study documents to Party “A”, the two Parties shall agree on the date to determine the possibility of study on the construction contractor agreement and the signing of the contract on the following date.
Both Parties shall discuss and adopt the plan stating the followings:
- The payment guaranty
- The phases of payment
- The construction and compliance with the standard for such construction
- The warranty on construction quality
-Technical, material and engineering practice
- The compliance with the law on construction and other laws covering the development in this area.
1.5. The canal rehabilitation and building of edge of the canal shall be commenced during
the sand dredging operation for the reclamation site in order to avoid the sand from flowing into the dug canal site (the project of canal rehabilitation and building of edge of the canal, which is attached as Annex 1 to the contract on sand pumping for the reclamation site).

1.6. Party “B” shall conduct a field study on the sand mining site and the site to which the dredging machineries are to be transported, inspect the site where the pipeline is to be installed and conduct the evaluation before the report is to be finally submitted to Party “A”.

Article 2: Development Project Site, duration of the project study and evaluation

2.1. Site: The development project is located on along National Road 1 at Kilometer No. 53, geographically located in Kampong Phnom and Preaek Tonloap Communes, Leuk Daek District, Kandal Province.

2.2. Duration of the Study: Party “B” shall complete the project study within a period of 20 (Twenty) days following the confirmation in approval by Party “B” of Party “A”’s source of capital.

In case Party “B” reasonably believes it cannot complete the project study within the schedule set above, Party “A” shall be notified in order to negotiate on the delay of the study for any appropriate period and to give time for Party “A” to decide on the extension of the project study as proposed by Party “B”.

2.3. Fees for the project study: The service fees shall cover the followings:
o The study on the sand pumping site
o The study on the canal rehabilitation project
o The study on edge of the canal building project



o The study on the road construction and establishing gardens along the canal project
o The study on bridge construction project
o The study on drainage-sewage system and waste water treatment plant project

Party “B” shall cover the costs for study on any project chosen by Party “B”.


Article 3: Responsibilities of Party “A”

3.1. To present to Party “B” any legal documents concerning the development project;

3.2. To provide cooperation and coordination for Party “B” during the project study period
covered under this agreement;

3.3. To be liable for due and timely payment according to the schedule set in the sand pumping contract and construction contractor agreement, respectively;

3.4. To furnish the regional map pointing out the development project site and construction plan as specified in the project.

Article 4: Responsibilities of Party “B”

4.1. To conduct study for each project as instructed by Party “A”,

4.2. To study the project and prepare report on the study progress for Party “A”,

4.3. To issue the list of equipments, machineries and staffs to Party “A”,

4.4. To issue confirmation of the financial capacity of contract for sand Party “A”, which is a must, upon the signing of contract for sand pumping to the reclamation site and/ or of the construction contractor agreement,

4.5. To be responsible for ensuring both the quality and safety meets the international standard during the construction.

ARTICLE 5 : The Capital 's Party " A "

5.1. The Capital 's the " A " grade for party " B " shall be checked through the list of account development project of CJCD City Development Co., Ltd. one hour before the signing of Memorandum of Agreement (MOA) for contractors leveling sand pump and construction.


ARTICLE 6 : Capital sources secured for the leveling sand pump and constructions of the “B"

6.1. Capital sources secured for the leveling sand pump:

Party " B " is not elevated amount of items to ensure the leveling sand pump but party " B " to make sure of the possibility and potential of the construct