Documente Academic
Documente Profesional
Documente Cultură
The Lessor and the Lessee are hereinafter referred to collectively as "Parties" and individually
as "Party".
WHEREAS:
(i) The Lessor is owned and possessed of, and otherwise well
and sufficiently entitled to, all the piece and parcels of land
bearing Revenue Survey No. 49, CTS No. 792 paiki on the
eastern side situate at Village Atladra, Taluka Vadodara and
Registration District and Sub-District Vadodara (3),
hereinafter referred to the said Land". The Lessor has
become entitled to the said Land vide (a) Sale Deed dated
March 8, 2011 executed between Taxshilaben H. Patel,
Bhardwaj H. Patel, Nihar H. Patel and Harshvardan B. Patel
as vendors therein and the Lessor as the purchaser therein
(for 4602 sq. mtrs.), and (b) Sale Deed dated October 16, 2011
executed between Taxshilaben H. Patel, Bhardwaj H. Patel,
Nihar H. Patel and Harshvardan B. Patel as vendors therein
and the Lessor as the purchaser therein (for 204 sq. mtrs.).
(ii) The Lessee is a public trust engaged inter alia in the running
and management of schools under the name and style of
"Tree House High School".
1. GRANT OF LEASE
On the terms and conditions set out hereinafter and subject to
the payment of the Lease Rent (as defined herein below), the
Lessor doth hereby demise unto the Lessee the said Land i.e. all
the piece and parcels of land bearing Revenue Survey No. 49,
CTS No. 792 paiki on the eastern side situate at Village Atladra,
Taluka Vadodara and Registration District and Sub-District
Vadodara (3) along with the said Building i.e. the building to be
constructed on the said Land, for the purpose of running a
school under the style and name of "Tree House High School".
2. TERM
The lease in respect of the said Property shall be for a term of 33
(thirty three) years ("Term"), commencing from 01st April, 2014
(hereinafter referred to as the "Commencement Date") and
expiring on 31st March, 2047.
3. RENEWAL
After the expiry of the said Term by efflux of time, the Lease Deed
shall be renewed for a further period of 33 (thirty three) years at
the sole option of the Lessee upon the same terms and conditions
herein contained save and except that the Lease Rent payable by
the Lessee during such renewed lease shall be revised as per the
mutual consent of the Parties.
4. RENT
4.1 For period of first 3 (three) years of the Lease, commencing
from 01st April, 2014 until 31st March, 2017, there shall be no
lease rent payable to the Lessor, which shall be treated as
rent free period.
4.2 In consideration of the Lease to be granted by the Lessor in
favour of the Lessee, the Lessee shall pay the Lessor the sum
of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) per
month ("the Lease Rent") during the period of commencing
from Olst April, 2017 until 31st March, 2018 for the balance
Term. The Lease Rent shall stand increased by addition of
an amount equivalent to 3% of the Lease Rent at the end of
every year.
5. SECURITY DEPOSIT
5.1 The Lessee shall on or before the execution of the Lease Deed as
specified in clause 2.2 above, deposit with the Lessor the
amount of Rs.5,00,000/ - (Rupees five lakhoreihafter
"the Security Deposit") as and by way of a refundable interest
free security deposit for due observance and performance of the
terms and conditions of this Lease Deed by the Lessee.
5.2 On the expiry of the Term by efflux of time or on earlier
determination thereof as provided herein, the Lessor shall
forthwith refund (without any deduction on any account and
without interest) the Security Deposit to the Lessee
simultaneously with the Lessee vacating the said Property and
handing over possession thereof to the Lessor.
5.3 In the event the Lessor does not refund the Security Deposit to
the Lessee in full, forthwith on the expiry of the Lease, as
aforesaid, then:
7. MUNICIPAL TAXES
During the period of the Lease, the Lessee shall regularly and
punctually bear and pay all the present and future municipal
taxes including proportionate ground rent and/ or other rates,
cesses, taxes, charges and all other similar contributions
(including maintenance charges) in respect of the said Property
(including all increases therein, if any, pursuant to the Lease)
and if the same are paid by the Lessof, the Lessee shall
reimburse the same to the Lessor within a period of 30 days of
the Lessor furnishing the proof thereof in respect of the said
Property.
8. OUTGOINGS
8.1 During the period of the Lease, the Lessee shall regularly and
punctually bear and pay in respect of the said Property at actual
viz. all charges for electricity, water and other utilities consumed
by the Lessee in the said Property in accordance with the bills
issued in respect thereof for which a meter has been installed in
the said Property by the Lessor at its own cost and expense.
8.2 The Lessee shall be entitled to make provision and arrangements
for air-conditioning of the said Property at the Lessee's own
cost and expense.
9. TERMINATION
9.1 Except as provided herein, it has been expressly agreed by and
between the Parties hereto that neither Party shall have the right
to terminate this Lease Deed during the Term of the same .
9.2 Notwithstanding anything to the contrary contained herein, in
the event the Lease Rent payable under these presents remains
unpaid for a period of 60 (sixty) days after becoming payable,
then and in such event, the Lessor shall be entitled to give to the
Lessee 21 (twenty one) days' notice in writing calling upon the
Lessee to make payment of the outstanding amount and if the
Lessee refuses, fails and/ or neglects to do so, then on expiry of
the said period of 21 (twenty one) days, the Lease shall, at the
option of the Lessor, stand automatically determined. In such
an event, the Lessor shall be entitled to adjust the amount of
unpaid Lease Rent from and out of the Security Deposit.
9.3 In the event of any delay or default on the part of the Lessee to
pay the Lease Rent within 21 (twenty one) days as stipulatkl
hereinabove in that behalf herein, then the Lessee shall pay to
the Lessor, simple interest thereon @ 6% p.a. from the day on
which the amount has become due until the date of termination
in the event the Lessor has opted to terminate the Lease Deed
under clause 9.2 above or if not terminated, then until the date
of actual payment.
9.4 Notwithstanding anything to the contrary contained herein, in
the event of the Lessor committing any breach of the terms,
covenants, stipulations and conditions contained herein then in
any such event, the Lessee shall be entitled to give to the Lessor
21 (twenty one) days' notice in writing, calling upon the Lessor to
remedy the breach and if the Lessor refuses, fails and/or neglects
to do so, then on expiry of the said period of 21 (twenty one)
days, the Lease shall, at the option of the Lessee, stand
automatically determined without any further writing, act, deed,
matter or thing on the part of the Lessee. Such termination shall
entitle the Lessee to receive from the Lessor a refund of the
Security Deposit as specified in clause 5.2 hereinabove
9.5 In the event the breach or non-payment complained is remedied
or paid within the prescribed period, the notice of termination, so
served shall automatically stand cancelled.
12.1 That the Lessor is the absolute owners of the said Property;
12.2 That the Lessor has good right, full power and absolute
authority to grant the Lease of the said Property on and from the
Commencement Date in favor of the Lessee;
12.3 No notice of acquisition or requisition has been received in
respect of the said Property;
12.4 There are no proceedings initiated or pending against the Lessor
under the Income Tax Act, 1961, and there is no tax or other sum
payable by the Lessor under the Income Tax Act, 1961 in respect
of the said Property;
12.5 That the Lessee shall be entitled to peacefully and quietly
possess and enjoy the said Property for and during the Lease
and any renewal thereof without any interruption or
disturbance from or by the Lessor or any person claiming by,
through, under or in trust for ttte.Lessor;
12.6 That the Lessor has paid all property taxes and other taxes,
assessments in respect of the said Property up to the date hereof,
and after the commencement date of this Lease Deed, the Lessee
shall continue to pay the same in a timely manner for and
during the Term of this Lease Deed;
12.7 That the Lessee shall carry out all repairs and structural repairs
and defects and water-proofing works of the laid Property as
may be required from time to time.
15. NOTICE
Any notice required to be given hereunder shall deemed to have
been given if sent by registered post acknowledgement due at the
addressees mentioned below and shall be deemed at have been
received by the other party on expiry of 21 days from the date on
which it was delivered at the post office:
17. AMENDMENT
No modifications or amendments of this Lease Deed and no
waiver of any of the terms or conditions hereof, shall be valid or
binding unless made in writing and duly executed by both
Parties.
18. WAIVER
No waiver or acquiescence of any breach, or any continuing or
subsequent breach of any provision of this Lease Deed to be
executed shall be construed as a waiver of any right under or
arising out of this Lease Deed to be executed or acquiescence to or
recognition of any right and/or any position other than that
expressly stipulated in this Lease Deed to be executed.
Schedule
(Description of said Property)
All the piece and parcels of land bearing Revenue Survey No. 49, CTS
No. 792 paiki admeasuring about 4806 sq, mtrs. on the eastern side
situate at Village Atladra, Taluka Vadodara and Registration District
and Sub-District Vadodara (3), together with super structure thereon
admeasuring 93600 sq. ft. and is bounded as under -