THIS DEED OF LEASE Is Made at Pune This - Day of
THIS DEED OF LEASE Is Made at Pune This - Day of
________2007.
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BETWEEN
Mr/Ms/M/s_____________________________________________
_________________Indian inhabitants having addressed
at___________________________________________________
________________________________ hereinafter referred to
as the "LESSEES" (which expression unless repugnant to the
context or meaning thereof shall in case of individuals mean and
include his / her / their heirs, executors, administrators and
permitted assigns and in case of corporate body includes its
successors and permitted assigns )
.. OF THE OTHER PART
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WHEREAS
a. The Lessors are the Owners of land and otherwise
well and sufficient entitled to immovable property at
CTS No.15/A, 7/15, 8/15 & 9/15,S.No. 479 & 480 A/1
Sub-Plot No.B situated at Koregaon Park Pune – 411
001. within the limits of Pune Municipal Corporation,
District Pune The same having been acquired by way
of diverse agreements and hereinafter referred to as
the "said property" and more particularly described in
the FIRST SCHEDULE hereunder written.
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the said Complex) as per the plans, requisite
permissions, sanctions and approvals from the Pune
Municipal Corporation.
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installments as provided herein after and at the yearly
lease rent of Rs__________ hereby reserved and paid in
full in advance for the entire term, and on the terms
conditions and covenants on the part of the Lessees
herein contained and to be observed and performed by the
Lessees.
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i. The Lessors are and will always be at full liberty to grant
lease /sell/ give on leave and license basis or otherwise
howsoever deal with and dispose of units / premises in
the said Commercial Complex for such term as the
Lessors may in their absolute discretion determine to
other parties but the use of all the units/premises in
the said Commercial Complex may be only for non
residential / commercial purposes i.e. as office
premises /shop /showrooms and/or any other use as
shall be specified in the relevant Deed of the
concerned unit in the said Commercial Complex and
for no other purpose whatsoever.
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unit is more particularly described in the SECOND
SCHEDULE hereunder written and earmarked in red shaded
color on the Floor Layout Plan annexed hereto and marked
as Annexure B (herein after referred to as the said demised
units) on perpetual lease of 999 (nine hundred ninety nine
years) commencing from the date of possession of the said
unit and more particularly described in the SECOND
SCHEDULE hereunder and earmarked on the annexed plan,
together with the rights, easements and appurtenances and
fixtures there of TO HOLD the said unit / premises unto and
to the use of the Lessees, subject to the due performance,
compliance and observance by the Lessees of all terms,
conditions, stipulations contained herein, and as may from
time to time be prescribed by the LESSORS for the proper
governance and administration of the said Complex which
the LESSORS are entitled to frame from time to time and
also to modify, alter and / or amend the same as it may in
their absolute discretion determine.
2. PREMIUM
a. The Lessees have paid to the licensors / agreed to
pay to the Lessors a sum of Rs. _____________/-
(Rupees___________) being non refundable one time
PREMIUM for the grant of the Lease in respect of
the said unit and for the due observance and
performance of all the terms and conditions
contained in this Deed by the Lessees and the
same shall be payable as under :
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i) Rs.____________ Towards Earnest Money paid
on or before execution hereof
ii) Rs.____________on or before slab over
Basement 1
iii) Rs.____________on or before slab over
Basement 2
iv) Rs.____________on or before slab over Lower
Gr floor
v) Rs.____________on or before slab over Ground
Floor
vi) Rs.____________on or before slab over First
Floor
vii) Rs.____________on or before slab over Second
Floor
viii) Rs.____________on or before slab over Third
Floor.
ix) Rs.____________on or before walling
x) Rs.____________on or before external plaster
xi) Rs.____________on or before glass façade
xii) Rs.____________on or before possession
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3. PERIOD OF LEASE AND LEASE RENT.
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conditions herein contained, the Lessors shall be
entitled at their own option to terminate this Agreement.
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a) A sum of Rs____________/-
( Rupees ___________________________only) towards
legal charges, MSEB meter deposit ,service line
charges( SLC) and transformer /substation charges.
b) A sum of Rs___________/-
(Rupees___________________________only) for
maintenance security Deposit.
c) A sum of Rs____________/-
(Rupees___________________________only) towards pro-
rata share of Central Air conditioning Plant .
d) A sum of Rs __________/-
(Rupees___________________________only) per KVA for
the generator back-up for shop and common areas.
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ii) The Lessees shall observe perform and comply with
all covenants, conditions and stipulations hereunder
and rules and regulations as may be framed/prescribed
from time to time by the Lessors for the proper
governance, maintenance and administration of the
said Complex and shall not do or omit to do any act,
deed, matter or thing which is or may be contrary to or
inconsistent with these presents or whereby the rights
of the Lessors in respect of the said property and the
said complex as the Owners / Lessors thereof are in
any way prejudiced or adversely affected.
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any column and/or beam and/or floor in the said
Complex and/or in the said demised premises or any
part thereof nor at any time make or cause to be made
any structural changes of whatever nature in or to the
said Complex and/or the said demised premises or
any part thereof, nor carry out any alteration in the
elevation and outside colour scheme of the said
Complex and shall keep the portion, pipes and other
service lines in the said demised premises in good
tenantable repair and condition and in particular so as
to support shelter and protect the other parts of the
said Complex and shall not chisel or in any other
manner damage the columns, beams, slabs, or RCC
pardis or other structural members of the said Complex
including those located in the said demised premises.
The R. C. C. slabs have been cast using the POST
TENSIONING technology wherein cables/tendons are
inserted within the concrete. The position of such
cables/tendons is clearly marked in red on the bottom
of the slab, it is imperative that at no time such
markings are tempered with or damaged and no drilling
or chiseling is to be done for any purpose whatsoever
on the red line marking at the bottom of the slab as the
same is likely to weaken the structure.
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protection, maintenance and upkeep of the said
Complex and the said demised premises and for the
observance and performance of the Building rules,
regulations and bye-laws for the time being in force of
the Municipal Corporation and/or concerned local
authority and/or Government and other public bodies.
The Lessees shall also observe and perform all the
stipulations and conditions laid down by the Lessors
regarding the occupation and use of the said demised
premises and shall pay and contribute regularly and
punctually towards the taxes, expenses or other
outgoings etc in accordance with the terms of this
Deed.
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8. The Lessees for themselves and or their successors-in-title,
administrators and permitted assigns oblige themselves and
undertake and agree at their entire cost and expense to :
iii) The Lessees shall also pay all existing and future
Municipal Taxes, service taxes, levies, assessments and
other outgoings as applicable and payable in respect of the
said premises including future levies if any whatsoever
levied by any authority under any rule regulation or
amendment and shall also comply with all rules and
regulations of the concerned authorities and all other
applicable laws for use of the said premises/units.
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shall in common with the other unit holders be liable to pay
pro-rata charges to maintain the central air-conditioning
units installed by the Lessor and the Generator for the
power back-up for unit and common areas and Air
Conditioning and annual maintenance charges (AMC)
which shall be as per actuals . The costs shall include the
electricity costs ,maintenance and repair costs and all other
costs and outgoings ( including AMC ) .The bill for the same
shall be generated on a monthly basis by the Lessors or by
the Agency appointed by the Lessors for management of the
Complex .
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and the basement ventilation fans . The distribution of
such charges would also be on the area occupied by
each occupant.
vi) The Lessees shall also at their own cost and charges be
at liberty to paint the said premises internally and also to
install in the said premises electric appliances, other
fittings and fixtures including shelves or partitions of a
non-permanent and non-structural nature, water, telephone,
electric, sanitary, communication and other
equipments, cables, fixtures, fittings, lights, fans and such
conveniences reasonably required by it for or in connection
with the proper and full use, occupation and enjoyment of
the said premises for commercial purposes. The Lessees
shall be entitled at any time during the continuation of the
lease and upon its expiry or earlier revocation or
termination to remove at its cost and expense all or any of
the foregoing without causing any damage to the leased
premises. If any permission / approval from the Pune
Municipal Corporation or any other Govt. Body or Authority
is required for the changes/use in the said premises by the
Lessees, it shall be duty of the Lessees at their own cost
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and expense to obtain the same and the Lessors shall
extend all possible assistance in that respect.
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omission, whereby the insurance as taken in respect of the
said Complex may be rendered void or voidable or whereby
the premium payable in respect thereof may be increased.
ix) The Lessees shall pay all charges for water , and
electricity consumed by the Lessees in the leased premises
and the Lessees shall also pay the Municipal Tax, rates,
levies, assessments and other outgoings including service
tax and monthly maintenance charges @ Rs _______/- p.m
( which shall be revised at the sole discretion of the Lessors
from time to time ) for the said premises from the date of
receiving the possession thereof and shall indemnify and
keep indemnified the Lessors against non-payment of the
same. The electricity , maintenance bill and the Municipal
Taxes of the leased premises shall be directly paid by the
Lessees. All delay in the payment on/before due date by the
lessee shall render the lessee liable to pay interest @ 18%
p.a. for delayed period. This shall be without prejudice to the
other rights and remedies vested unto the lessors for such
breach on the part of the lessees.
x) The Lessees shall also be responsible for the payment
of telephone and other bills including bills for the
telecommunication equipments installed in the said
premises.
xi) That the Lessees shall abide by the timings of the
operation of their unit in the complex as per the guidelines
set out by the Lessors/ Complex Management Agency .
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xii) It is further agreed between the parties that the Lessees
shall be entitled to peacefully enjoy the said premises
subject however in compliance with the rules and
regulations applicable thereto and under this Deed, and
shall also be entitled to mortgage or charge their unit only
for the purpose of raising any finance entirely at their risk
and responsibility. However the Lessors shall be free to
mortgage remaining portion of the commercial complex at
their risk and responsibility.
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Lessors only and the Lessees and or other licensees of other
units / premises in the said complex shall not be entitled to claim
any amount in respect thereof. It is hereby further agreed that the
lessors shall be entitled to assign to or nominate any other person
to obtain the benefit of the rights given and /or reserved in favour
of the Lessors and the Lessees shall have no objection to the
same .
10. The Lessors may complete any wing, part, or portion of the
complex and shall also obtain part occupation certificate thereof
and give occupation /possession of unit therein .If the Lessees
take possession of the unit in the complex , it is hereby agreed that
the Lessors shall be entitled to carry on the remaining work of the
other units in that part, portion, floor in the building and the
Lessees shall not have any objection to, or obstruct the execution
of such work nor shall be entitled to any compensation and/or
claim any damage for any inconvenience and/or nuisance .
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on any grounds and hereby give their unconditional NOC for the
same.
13. The Lessors and the Lessees agree to indemnify and keep
indemnified each other of, from and against suits, proceedings,
costs, charges, expenses and other liabilities brought against,
suffered or incurred by the Lessors or the Lessees by reason of
any breach, non-performance or non-observance by the Lessors
or the Lessees as the case may be of any of their respective
obligations under this Agreement.
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party or company. Nothing herein contained shall however
thereby mean or be construed save and except for the rights
hereunder conferred as creating any right, interest, easement or
any other right or title of any kind whatsoever in favour of the
Lessees or the intending Licensee/end user in the said premises
or as creating any interest therein in favour of the Lessee or
intending Licensee/end user other than the one hereby granted or
as entitling the Lessee/intending Licensee/end user to
possession of the said premises. It is the express intention of
the parties hereto that under this Lease, express authority has
been granted to the Lessees for sub-letting the said unit to the
branded outlets through different chains of national and
international branded companies. The Lessees however shall not
assign, sub-let or give on license or any other basis the said
demised premises or any part thereof to any person without
obtaining prior written permission of the Lessors which shall not be
unreasonably withheld.
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17. The Lessors shall be at liberty and be entitled to deal with
or dispose off the said premises or any part thereof or their
interest therein at any price and on any terms and conditions and
stipulations to or in favour of any person after ensuring that the
rights of the Lessees hereunder are not prejudiced, jeopardized
or adversely affected thereby.
LESSORS :
208 San Mahu Complex
5, Bund Garden Road
Pune 411 001
LESSEES :
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to the interpretation of these presents or the interpretation
or effect of any provisions thereof or relating to the
liability or obligation on the part of any of the parties hereto,
the same shall be referred to arbitration of three
arbitrators, one to be appointed by each of the parties
and the two appointed arbitrators shall appoint the third
arbitrator who shall act as the presiding arbitrator. The
award passed by them shall be binding on both the parties.
The arbitration shall be in Pune and in accordance with and
subject to the provisions of the Arbitration and Conciliation
Act, 1996 or any statutory modifications or re-enhancements
thereof for the time being in force. The agreement shall be
subject to Jurisdiction of Pune.
20. The Lessors and the Lessees hereto acknowledge that this
agreement supersedes all prior communications between them
including all oral or written proposals/Allotment letters . Any
variation, additions and modifications of this agreement between
the parties shall be valid only if in writing and duly signed by the
persons authorised.
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FIRST SCHEDULE ABOVE REFERRED TO
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ALL THAT PIECE AND PARCEL of premises bearing unit/s
No. _________ admeasuring _________on the _________floor
constructed within the commercial building known as JEWEL
SQUARE situated on the property more particularly described
in the first Schedule hereinabove written.
LESSEES
WITNESSES :
1.
2.
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ANNEXURE A
TITLE CERTIFICATE
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ANNEXURE B
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ANNEXURE C
AMENITIES
1) RCC Structure
2) Well spaced out columns in huge spans
3) 2 Nos. Automatic Elevator
4) Grand Entrance Lobby
5) High Capacity Transformer
The amount of power is based on the thumb rule of
approx 12 watt sq ft of the carpet area . This amount
of power includes the air conditioning power
required for common areas as well as unit
mentioned herein.
6)Fire Fighting System
7) Modern Façade
8) Compound Wall
9)Central Air Conditioning Plant
The lessor shall provide airconditioning through the
centralized chilled water system . The chilled water
pipes would be carried through common
shafts ,passages etc .They shall also provide chilled
water inlet connection at a suitable connection a
suitable point at the entry of the shop occupant . The
individual occupant of every shop would have to
install his own air handling unit and carry out the air
distribution system on his own which would include
ducting , insulation , grill diffusers etc
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10)Escalators
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