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And
WITNESSETH AS FOLLOWS:
WHEREAS the first party is the sole and absolute owner in possession and
enjoyment of the properties in the following manner:
WHEREAS the FIRST PARTY is not deriving any tangible income from the
SCHEDULE PROPERTY and is desirous of developing the SCHEDULE PROPERTY
into apartment buildings but for want of funds, the First Party is unable to do so by
herself and has been on the lookout for a Developer who would develop the
aforesaid properties into apartment buildings and also deliver certain built areas for
the FIRST PARTY and/or for sale of the same by which FIRST PARTY can raise
liquid funds
WHEREAS the FIRST PARTY after due enquiries having identified the SECOND
PARTY who is the Developer of real estate and having experience in development
of properties into multi-storied residential and identical apartment buildings
approached the SECOND PARTY and requested the SECOND PARTY to develop
the SCHEDULE PROPERTY by Constructing Commercial Buildings in the
SCHEDULE PROPERTY.
AND WHEREAS the SECOND PARTY pursuant to the above evolved a scheme for
construction of multistoried buildings consisting of Commercial Units, etc., in the
SCHEDULE PROPERTY whereby proportionate undivided right, title and interest
and ownership in the land in the SCHEDULE PROPERTY will be Retained by the
First Party and the Second Party. The whole of the Commercial Building will be given
out on Rent or Lease with the mutual understanding of both the First Party and the
Second Party.
AND WHEREAS the SECOND PARTY has undertaken to build and deliver 50%
(Owners undivided share) built up areas for the exclusive use or for Rentals to
the FIRST PARTY out of the total constructed area of undivided right, title and
interest in the SCHEDULE PROPERTY, which would cover the cost of construction
of built up areas for the FIRST PARTY as stated above.
AND WHEREAS the FIRST PARTY having verified the said scheme are after being
satisfied, agreed to the said scheme as it is quite advantageous and beneficial to
them. In view of the same, the SECOND PARTY has agreed to secure at its / his
cost, a plan and license sanctioned from the BIAAPA or Devanahalli Town Municipal
Council and such other authorities to develop the SCHEDULE PROPERTY as the
case may,
AND WHEREAS the SECOND PARTY on the assurance of the FIRST PARTY that
she is the absolute owner of the SCHEDULE PROPERTY has agreed with the
FIRST PARTY for development of the SCHEDULE PROPERTY, into Multistoried
Commercial Building.
a) That she is the absolute owner of the respective SCHEDULE PROPERTY and
that her title to the SCHEDULE PROPERTY is good, marketable and subsisting and
none-else has any right, title, interest or share therein.
c) That they have not entered into any Agreements for sale of transfer or for
development of SCHEDULE PROPERTY with anyone else save this.
The said property is vacant save and of which fact the Developer is aware, he
having inspected the said property prior to the execution of these presents;
The Owners have agreed to grant to the Developer and the Developer has agreed
to accept from the Owners exclusive rights of development of the said property
upon the terms and subject to the conditions herein recorded.
All of the said property has been declared to the surplus vacant land by the
Competent Authority under the provisions of the Urban Land (Ceiling and
Regulation) Act, 1976;
3) The said plans shall be prepared by the Architects of the Developer and at
the costs of the Developer and the Owners shall submit only such plans as
are prepared by the Developer through their Architects and copy of the
finally approved plan shall be given to the Owners.
Owners handing over complete vacant possession of the said property to the
Developers under an irrevocable licence.
7) As from the date hereof, the Developer shall be solely entitled at his own
risk to deal and/or negotiate with the unauthorised occupants and/or
trespassers on the said property and to take any proceedings against them
and/or to arrive at any arrangement or agreement with them at the costs,
charges and expense of the Developer alone. However, the Owners shall
empower and authorise the Developer and/or his nominees under the Power
of Attorney to be executed as aforesaid to effectively deal and/or negotiate
with the trespassers or unauthorised occupants and to receive the
possession of the respective area occupied by such trespassers or
unauthorised occupants subject to the consideration having been paid to the
Owners for the said property as mentioned hereinabove. The Developer shall
also be entitled to hand over, on behalf of the Owners, any area of the said
D. That after allotment of 50% (Owners share) Super Built Area to the FIRST
PARTY after the Plan is sanctioned the SECOND PARTY shall be entitled to the
remaining Commercial Buildings and constructed area, car parking area etc., with
50% (Builders share) of undivided land or proportionate share in the land in
SCHEDULE PROPERTY. The SECOND PARTY shall be entitled to sell, lease or
otherwise dispose of their balance share of the constructed area with proportionate
share in the land in the SCHEDULE PROPERTY in any manner they deem fit and
they shall be entitled to all income, gains, capital appreciation and benefits of all
E. After sanction of plans, the FIRST PARTY and SECOND PARTY shall decide
upon the apartments/portions falling to their respective shares by mutual
discussions and reduce the same into writing in the form of Supplemental
Agreement. Both the PARTIES shall share both the advantages/disadvantages in
proportion to their respective shares and in such manner that the value of the area
is of more or less equal value and importance.
F. The SECOND PARTY shall exploit the FAR 2.75 as per rule applicable at the
time of sanction and secure the license and plans sanctioned from the authorities
for the mutual benefit of the PARTY. However if any additional FAR is sanctioned at
later date then the SECOND PARTY shall be entitled to build additional
constructions and shall be entitled for the entire additional construction without
paying any cost thereafter.
G. The word "Super Built Up Area" mentioned herein shall mean the total
constructed area including balconies, sit outs staircases, lift rooms, electrical Meter
room, pump room Generator rooms if any, common areas, circulation areas.
8. The SECOND PARTY shall commence construction within 60 days from the date
of sanction of License and Plans on delivery of vacant possession of the SCHEDULE
PROPERTY to the SECOND PARTY to enable the SECOND PARTY for construction
and development of SCHEDULE PROPERTY. The SECOND PARTY shall complete
the construction in all respects of the Owner's constructed area within 24 months
from the date of plan sanction. However, the SECOND PARTY shall not incur any
liability for any delay in' delivery of, possession of the "OWNERS CONSTRUCTED
AREA” reason of Governmental restrictions and/or civil commotion, transporter's
strike, Act of God or due to any injunction to prohibitory order or court order (not
attributable to any action of the SECOND PARTY) or conditions force majeure. In
any of the aforesaid events, the SECOND PARTY shall be entitled to corresponding
extension of time up to 6 months for delivery of the said Owner's constructed area.
Even after that, in the event of delay or account of default by the SECOND PARTY,
he shall be liable to pay damages calculated at 10% per annum of the balance of
work. The time for obtaining occupancy certificate, power/water/sanitary
connections by the SECOND PARTY shall be excluded at the time of computing the
period stipulated for construction. In the event of delay in securing Occupancy
Certificate or Power/sanitary/water connections, the SECOND PARTY shall arrange
to have temporary connections until permanent connections are obtained.
9.1. The FIRST PARTY hereby confirms that their title to the SCHEDULE
PROPERTY is good, marketable and subsisting and that non-else has any right,
title, interest or share in the SCHEDULE PROPERTY and that the SCHEDULE
PROPERTY is not subject to and encumbrance, attachment, court or taxation or
acquisition proceedings or charges of any kind or any tenancy claims. The FIRST
PARTY shall keep the SECOND PARTY fully indemnified and harmless against any
loss or liability, cost or claim, action of proceedings that may arise against the
SECOND PARTY on account of any defect in or want of title on the part of the
FIRST PARTY on account of any delay caused at the instance of the FIRST PARTY.
9.2. The SECOND PARTY shall keep the FIRST PARTY fully indemnified and
harmless against any loss or liability, cost of claim, action or proceedings, that may
arise against the FIRST PARTY or the owner’s share in the SCHEDULE
PROPERTY and the buildings to be constructed thereon by reason of any failure on
the part of the SECOND PARTY to discharge their liabilities/obligations or on
account of any act of omission or commission in using the SCHEDULE
PROPERTY or arising out of the putting up of the construction and further the
SECOND PARTY shall be fully liable and responsible to the Government and other
Authorities for compliance of all the Statutory requirements.
10.1. The FIRST PARTY hereby agrees to convey/transfer to the SECOND PARTY's
or their nominee/s an undivided 50% (Builders share) of proportionate share in
the land comprised in the SCHEDULE PROPERTY to the persons nominated by the
SECOND PARTY on his behalf as and when such persons are identified.
10.2. The SECOND PARTY shall not sell or alienate his un-divided portion of the
undivided land or the super built up area without the permission or without mutually
agreeing in writing to any third party or to receive any consideration on such
portion of this land.
10.3. The stamp duty, registration charges legal fees and expenses in connection
with the preparation and execution of the Deed/s of Conveyance and/or other
documents relating to the share in the SCHEDULE PROPERTY agreed by the
SECOND PARTY shall be borne by SECOND PARTY nominee/s or assignee/so
11.2. The FIRST PARTY shall be liable to bear and pay all taxes, rates and cesses
and charges for electricity, water and sanitary and other services and outgoings
payable in respect of the Owner Constructed area from the date of delivery of
possession of the same.
11.3. The FIRST PARTY is liable to pay the service charges and deposits payable to
the Karnataka Power Transmission Corporation Limited, Bangalore Water Supply
and Sewerage Board or other Authorities on actual in connection with the Owners
Constructed Area. If any Sales Tax on Works Contract is payable in regard to the
owners 50% (Owners share) constructed area the FIRST PARTY shall pay the
same and in case the SECOND PARTY pays the aforesaid deposits and service
charges and taxes which the FIRST PARTY is liable to pay, the FIRST PARTY
agrees to compensate and pay the same to the SECOND PARTY and until such
payment is made the SECOND PARTY shall have FIRST charge and lien on the
Owner's Constructed Area to the extent of the money due.
11.4. The FIRST PARTY and the SECOND PARTY shall from the date of completion
of Owner's constructed area in all respects fit for occupation, maintain their
respective portions, at their own cost in good and tenantable repair and shall not do
or suffer to be done anything in or to the said premises, and/or common areas and
passages of the building which may be against law or which will cause obstruction
or interference to the users of such common areas. The FIRST PARTY and/or their
transferees in regard to the Owner's Constructed Area and the SECOND PARTY's
share of constructed area, shall become members of an Association to be formed by
all the Apartment/portions or flat Holders for the purpose of attending to
maintenance and safety of the Buildings and all matters of common interest and
shall observe and perform the terms / conditions / Bye-Laws / Rules / Regulations of
such Organization and all Apartment/ Flat Owners including the FIRST PARTY the
Transferees, shall submit their Apartments/Flats to be governed by the Karnataka
Apartment Ownership Act 1972 and sign a Deed of Declaration and Deeds of
Apartments in that behalf.
It is hereby agreed by the FIRST PARTY that from the date, the Owners
constructed area is ready for occupation for which a notice has been received by
the FIRST PARTY from the SECOND PARTY, whether possession of the same is
9.6. The FIRST PARTY and the SECOND PARTY shall from the date of completion
of Owner’s constructed Area in all respects fit for occupation, maintain their
respective portions at their own cost in a good and tenantable repair and shall not
do or suffer to be done anything in or to the said premises, and/or common area
and passages of the building which may be against law or which will cause
obstruction or interference to the users of such common areas. The FIRST PARTY
and/or their transferees in regard to the Owner's Constructed Area and the
SECOND PARTY and their nomineesin respect of SECOND PARTY's share or
constructed area, shall become members of an Association/Condominium to be
formed by all the apartment holders for the purpose of attending to maintenance
and safety of the Buildings and all matters of common interest and shall observe
and perform the terms/conditions/Bye-Laws/Rule Regulations formulated by
SECOND PARTY for the Organization and all Apartment Owners including the
FIRST PARTY and their Transferees, shall submit their Apartments to be governed
by the prescribed enactment.
10.1. The FIRST PARTY have this day executed a Power of Attorney in favour of
the SECOND PARTY to enable the SECOND PARTY to proceed with the obtaining
of Licenses and Plans consents in regard to the Building to be constructed on the
SCHEDULE PROPERTY and authorizing the SECOND PARTY to represent the
FIRST PARTY before the BIAAPA, Karnataka Power Transmission Corporation
Limited, 'Bangalore Water Supply and Sewerage Board, authorities and other
Statutory Authorities, which power irrevocable until the project is completed.
10.2. The FIRST PARTY shall sign and execute necessary applications, papers,
affidavits, undertakings and documents and do all acts, deeds and things as the
SECOND PARTY lawfully requires in order to legally and effectively vest in the
SECOND PARTY's nominee/s title to the proportionate undivided share it the
SCHEDULE PROPERTY and for completing the development of the SCHEDULE
PROPERTY.
A. Not to do any act deed or thing whereby the Owners are prevented
from enjoying / selling assigning and/or disposing of any of the owner's
allocation in the Building/s at the Schedule Property.
C. To keep the Owners indemnified against all third party claims and
actions arising out of any sort of act of commission of the Builder in
relation to the construction of the said Building/s.
14. COMPLIANCE WITH LICENCE AND PLAN: In putting up the construction and
providing electricity, water supply, sewerage and other amenities therein, the
SECOND Party shall duly observe the rules and regulations and the law relating
thereto.
15. RIGHT OF THE FIRST PARTY FOR INSPECTION: The FIRST PARTY and/or
their authorized representatives at all reasonable times, shall have the right of
inspection of the progress of work and quality of construction and require the
SECOND PARTY to rectify any errors or require the SECOND PARTY to properly
17. BREACH AND CONSEQUENCES: In the event of breach the terms of this
agreement be either PARTY, the aggrieved PARTY shall be entitled to enforce
specific performance and also be entitled to recover all loss of and expenses
incurred as a consequence of such breach from the PARTY committing the breach.
18. POWER TO RAISE LOANS: The SECOND PARTY shall be entitled to obtain
facilities from Banks, Financiers, Financial Companies and/or other Financial
Institutions, required for construction of the Building in the SCHEDULE
PROPERTY on the mortgage or on security of the proportionate undivided share in
the SCHEDULE PROPERTY and/or Building to be constructed thereon to which
the SECOND PARTY if entitled to provided however, that there shall be no personal
liability on the FIRST PARTY in regard to any such debts and in the event of any
default in repayment by the SECOND PARTY's share in the land comprised in the
SCHEDULE PROPERTY and the Building to be constructed thereon.
20. DEFECT LIABILITY PERIOD: The SECOND PARTY shall be responsible for any
defects in the proposed building noticed up to a period of 11 months from the date
ofcompletion of the construction. However small hair cracks in the plaster masonry
and windows shall not consider as defects.
21. ASSURANCES: The FIRST PARTY declares that the SECOND PARTY has
agreed enter into this Agreement expressly on the faith and strength such
declaration that the SCHEDULE PROPERTY is a free hold property not subject to
any encumbrance, tenancy claim mortgages, lease-hold rights, acquisition
proceedings a litigations or any pending suit, attachments, maintenance any other
charges and claims and demands and that there are no other, persons interested in
the SCHEDULE PROPERTY. The FIRST PARTY is aware that the SECOND PARTY
has to represent the above facts to the prospective purchasers of undivided share
in the SCHEDULE PROPERTY. The FIRST PARTY will not encumber the
SCHEDULE PROPERTY or any interest therein in any manner whatsoever
inconsistent with this Agreement nor shall grant any license to use the SCHEDULE
PROPERTY during the subsistence of the Agreement to any other person other
than the SECOND PARTY to their authorized persons or agents or nominees.
the Newspaper calling for application forms from prospective Tenants, and to
market the same in any manner, the SECOND PARTY may deem it fit.
23. Either party to this joint development agreement shall be entitled to enforce
specific performance of this contract.
24. ARBITRATION: In the event of any difference or dispute arising between the
PARTY in regard to this understanding or any matter related thereto, the same shall
be referred to and settled by Arbitration under the Provisions of the Arbitration Act
each PARTY nominate an arbitrator of their choice and a third one to decide in case
of non agreement of any issue.
25. That in respect of all the matters pertaining to the joint development agreement
the decision taken by the SECOND PARTY will be binding and the FIRST PARTY
shall be entitled to deal with them in all the mutters pertaining to this joint
development agreement.
26. The Original Title Deeds as well as the certified copies shall be with the FIRST
PARTY.
27. The khata of the schedule property stands in the name of the consenting PARTY
and hence they are made formal PARTY to this Joint development agreement and
the consenting witnesses have affixed their hands and signature to this JOINT
DEVELOPMENT AGREEMENT thereby giving their consent to the JOINT
DEVELOPMENT AGREEMENT and further they have no–objection for the transfer
of the Khata in the name of the SECOND PARTY herein in the interest of equity
SCHEDULE PROPERTY
ALL THAT PIECE AND PARCEL OF THE IMMOVABLE PROPERTY Vacant Site
bearing No.3, Khata No.1003/581/3 issued by Devanahalli Town Municipal Council
formed in survey no.581. conversion vide order bearing no.ALN(D)SR/78/04-05,
dated 18-10-2004, by Deputy Commissioner, Bangalore Rural District and ALN [D]
SR.33/2005-06 dated 14-06-2005 by Deputy Commissioner, Bangalore Rural District
and also approved by BIAAPA No.BIAAPA/TP/LAO/850/2005-06 dated: 30-10-2006,
situated at 4th division, 22nd Ward, near prashanthi nagar, Bychapura right side road,
Devanahalli Town, Bangalore Rural District, measuring East to West [23.95+23.47] /
2 mtrs and North to South 12.20 mtrs in total measuring 3115 sq. feet and bounded
on
EAST BY : Govt. 60 FEET WIDE ROAD
IN WITNESS WHEREOF, the FIRST PARTY and SECOND PARTY have set their
respective hands to this Joint development agreement on the day month and the
year first above written in the presence of the witnesses attesting hereunder.
WITNESSES:
1.
GEETHA VINOD
2.
SHIVAJI RATHOD
SECOND PARTY