Lease Agreement of Penthouse

8/9/2019 Lease Agreement of Penthouse

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SUB- LEASE AGREEMENT

This SUB- Lease Agreement (hereinafter referred to as "Agreement") is

executed at Jaipur on this _________ day of _______ 2008 between:

Mr./Mrs./Ms.__________________________________________________________

Son/Daughter/Wife of _________________________________________________

Age _________________ years Resident of

_____________________________________________ Occu

____________________Residential Status: Residential/Non-

Resident/Foreign National of Indian Origin _________________________

Income Tax Permanent Account No. ______________________ Ward/Circle

and place where assessed to Income Tax

___________________________________________________________________


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**JOINTLY WITH

** Mr./Mrs./Ms._______________________________________________________


Age _________________ years Resident of

________________________Occupation ____________________Residential

Status: Residential/Non-Resident/Foreign National of Indian Origin

_________________________ Income Tax Permanent Account No.

______________________ Ward/Circle and place where assessed to Income

Tax ___________________________________________________________________

(hereinafter jointly and severally referred to as the "LESSOR", which

expression shall unless repugnant to the context or meaning thereof be

deemed to include his / her / their legal representative, administrators,

executors, successors and permitted assigns)

OR

* * M/s. ________________________________________________ a partnership

firm duly registered under the Indian Partnership Act, 1932, having its

registered office at ______________________________________, represented

herewith through its partner authorized by resolution dated

________________________ Shri/ Smt. ____________________________________

(hereinafter referred to as the "LESSOR" which expression shall unless

repugnant to the context or meaning thereof be deemed to include all the

partners of the partnership firm and their legal heirs, legal

representative, administrators, executors, successors and permitted

assigns).(Copy of the resolution signed by all Partners annexed herewith).

OR


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* * _______________________________________________________ a Company

registered under the Companies Act 1956, having its registered office at

_______________________________________________, through its duly

authorized signatory Shri/Smt. _____________ S/o ______________________

R/o _______________________ authorized by Board Resolution dated

___________________________________ (hereinafter referred to as the

"LESSOR" which expression shall unless repugnant to the context or

meaning thereof, be deemed to include its legal representative,

successors in business and permitted assigns).

(Copy of Board Resolution along with a certified copy of Memorandum

and Articles of Association annexed herewith).

(* * Delete whichever is not applicable)

AND

M/s ICARUS BUILDERS & DEVELOPERS PVT. LTD., a Company

incorporated under the provisions of Companies Act, 1956 and having its

registered office at A 105, The Milestone, Gandhi Nagar Mod, Tonk Road,

Jaipur represented herewith through its duly authorized representative

Mr. _____________________________________ S/o ___________

R/o________________, hereinafter referred to as THE LESSEE (which

expression shall, unless it is repugnant to the context, or meaning

thereof includes its executors, representatives and authorities) on the

Second Part.

(Copy of Board Resolution along with a certified copy of Memorandum

and Articles of Association annexed herewith).

(Hereinafter theLESSORand theLESSEEshall collectively be referred to

as "Parties" and individually as "Party" as the context may demand).


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DEFINITIONS

The said land refers to the piece of land admeasuring

___________ situated at __________________________________

registered in the revenue records at book no.__________ page

no.________ zild no._________. The said land is more specifically

delineated in the site map annexed with this Agreement forming an

integral part of this Lease Agreement, shaded in _________ more

particularly described in the Schedule A to this Agreement.

Blueforest refer to as a structure build up on the said land

having Club House, Pent Houses, and other facilities of a Resort

comprising of a super built-up area of _______ Sq. Ft. on the said

land (hereinafter referred to as the Premises), more particularly

described in the Schedule-B annexed to this agreement.

Pent House refers to the unit specified in this Agreement, to be

leased by the Lessor to the Lessee, with proportionate

right/title/interest in the said premises, with the super built uparea of 600 sq. ft. of type _________ situated at ________ Floor in

Block ________, more particularly described in the Schedule C

with its outline specification given in Schedule- D.

Common Parts and Common Spaces shall mean and include

the parts spaces, the infrastructure and the equipments provided

and/or reserved for the common use and the enjoyment in the

premises as described in Schedule-E of this Agreement.

Common Expenses shall mean the expenses for common

purpose.


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Effective Date shall mean the date of this Agreement written

hereinabove;

Force Majeure shall mean any event or combination of events or

circumstances beyond the control of a Party which cannot (a) by

the exercise of reasonable diligence, or (b) despite the adoption of

reasonable precaution and/or alternative measures be prevented,

or caused to be prevented, and which materially and adversely

affects a Party's ability to perform obligations under this

Agreement including:

(a)acts of God. i.e. fire, draught, flood, earthquake, epidemics

and other natural disasters;

(b)any Change in Law;

(c)explosions or accidents, air crashes and shipwrecks;

strikes or lock-outs; or

(d)any event or circumstances analogous to the foregoing.

Government or Governmental Authority(ies) shall mean any

statutory authority, government department, agency, commission,

board, tribunal, court or other entity in India authorized to make

Laws.

Government Official shall mean any officer or employee of a

Governmental Authority, or of a public international organization,or any person acting in an official capacity for or on behalf of any

such government, Governmental Authority or public international

organization;


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Taxes or Taxation shall mean any taxes, duties (including

stamp duties), excise, charges, fees, levies or other similar

assessments by or payable to a Governmental Authority in India,

including in relation to (a) income, services, gross receipts,

premium, immovable property, movable property, Assets,

profession, entry, capital gains, municipal, interest, expenditure,

imports, wealth, gift, sales, use, transfer, licensing, withholding,

employment, payroll and franchise taxes and (b) any interest, fines,

penalties, assessments, or additions to Tax resulting from,

attributable to or incurred in connection with any proceedings in

respect thereof;

Interpretation:-Unless the context of this Agreement otherwise

requires:

Words of any gender are deemed to include those of the other gender;

Words using the singular or plural number also include the plural orsingular number, respectively;

The terms hereof, herein, hereby, hereto and derivative or

similar words refer to this entire Agreement or specified Articles of this

Agreement, as the case may be;

The term Clause refers to the specified Clause of this Agreement;

The words directly or indirectly mean directly or indirectly through

one or more intermediary Persons or through contractual or other legal

arrangements, and direct or indirect shall have the correlative


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meanings;

Headings and bold typeface are only for convenience and shall be

ignored for the purposes of interpretation;

Reference to any legislation or law or to any provision thereof shall

include references to any such law as it may, after the date hereof, from

time to time, be amended, supplemented or re-enacted, and any

reference to statutory provision shall include any subordinate legislation

made from time to time under that provision;

Reference to the word include shall be construed without limitation;

The Schedules hereto shall constitute an integral part of this

Agreement;

References to the knowledge, information, belief or awareness of any

Person shall be deemed to include the knowledge, information, belief or

awareness of such Person after examining all information and making all

due diligence inquiries and investigations which would be expected or

required from a person of ordinary prudence;

Time is of the essence in the performance of the Parties respective

obligations. If any time period specified herein is extended, such

extended time shall also be of the essence;

2. AND WHEREAS the Lessor agrees to provide to the Lessee the wellfurnished Pent House marked as ___________, type ___________

situated in Block No. ____ of the premises and as described in detailin the Schedule-C of this Agreement with its outline specification as

mentioned in ScheduleD to this Agreement


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3. AND WHEREAS the Lessee has taken the inspection of Titledocuments of the Land and has satisfied himself and after seeing the

plans and specifications of the Premises including the proposed Pent

House to be built, is keen and ready to take on lease the said Pent

House for the purpose sub-leasing the same to a third party and

securing in the third party the beneficial enjoyment of the said Pent

House and other common parts of the said Premises, jointly along

with all the other such occupants without any ownership and as and

when it is constructed on the Terms & Conditions as settled

hereinafter.

4. AND WHEREAS the parties hereto are desirous of recording the termsand conditions for the lease of the said property.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS

AGREEMENT HERETO AS FOLLOWS.

1.The Lessor hereby agrees to grant to the Lessee and the Lessee herebyagrees to accept from the Lessor, the lease of the said Pent House(outline specification of which has been mentioned in Schedule D to

this Agreement) for the purpose of sub-leasing the same to a third

party to use and possess the said Pent House for beneficial enjoyment

and according to the plan, type _____ admeasuring 600 Sq. ft. super

built-up area in Block of the said premises situated at

_______________.

2. The lease rent shall be:(a)13% p.a. of the amount invested by the Lessor excluding

maintenance, property tax and service tax if any.


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Or (in accordance to the option chosen by penthouse owner)

(b)6% of total amount invested by penthouse owner or Actualaverage rent received after deduction of appropriate

expenses of maintenance, property tax and service tax, ifany, which ever is higher.

3.The lease rent shall be paid every quarter after deduction of applicableincome tax, as the case may be, on 10th the next month. Any delay in

payment of lease rental shall attract interest @ 12% per annum.

4. The lease rent shall be paid by the Lessee to the Lessor throughbankers cheques/ at par cheque payable at ________ in the name of

_____________________________________. The Lease rent shall be

inclusive of property taxes payable in respect of the said Pent House

but exclusive of the Service tax/ GST, as the case may be, which shall

be separately paid. The lease rent shall increase by _____ every

_____________ on last paid rent.

5. The Lessee shall have a sole discretion to decide the third party towhom the penthouse shall be provided for short term assignment/

rent. The Lessee shall not be required to obtain any further

permission in respect of the same from the Lessor.

6. It is hereby agreed that the Lessee shall by virtue of this LeaseAgreement be entitled to exclusive use and possession of the said Pent

House for a period of __________ with effect from ________, till

_____________.

7. FACILITIES TO THE LESSEE:- The Lessee shall be entitled to avail


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the following :-

(a)

8. Facilities Provided:- Facilities shall be made available to the Lesseealong with Resort Amenities as mentioned in Schedule-F annexed to

this agreement.

9.That nothing contained in these presents shall be construed to conferupon the Lessee any right, title or interest of any kind whatsoever in,

to or over the said Pent House or the said premises or the common

areas or common amenities till the execution of the Lease deed

between the Developer and the Lessor.

10. Taxes and Liabilities:- The lease rent payable by the Lessee shallbe inclusive of municipal taxes but shall not include Service tax at

applicable rate as per applicable laws for such use and occupation of

the said Pent House which shall be separately paid, subject to

deduction of tax at source by the Lessee under the relevant provisions

of the Income Tax laws as may be in force from time to time.

All rates, cesses and taxes which have accrued or may become due on

the said property up to date of handing over of possession whether

belonging to Central Government or State Government or local

authority will be borne and paid by the Lessor and if the Lessee is

required to pay any such sum after taking possession, the Lessor

shall reimburse the same to the Lessee & after the date of taking

possession, all taxes whether central/state shall be borne by the

Lessee proportionate to the area leased to him.

Any new tax, assessment, levy, duty, house tax and/or increment in

any present tax, assessment, cess, levy, duty, house tax imposed after


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the possession handed over to the Lessee and payable in respect of

the leased Property to Central Government, State Government,

JDA/Municipal Corporation or any other local authority or public

body shall be payable by the Lessee as and when they become payable

during the period of Lease.

11. INDEMNIFICATION:- That if at any time hereinafter, it is foundthat the Lessor made any misrepresentation about the title to the said

Pent House or if the Lessor is dispossessed of the said Pent House or

any portion of the same or restrained to use the common space or

common facilities on account of any defect in the title of the said Pent

House, the Lessor hereby covenants with the Lessee that the Lessorshall keep the Lessee fully indemnified from and against any loss.

12. INTEREST: Lessee shall be liable to pay interest on all delayedpayments at the rate of _____ per annum for the period of delay.

13. AMENITIES: The Lessee shall pay all charges for electricity on thebasis of the meter reading for which purpose a separate electricity

meter pertaining to the said Pent House be installed by the Lessee

during the term of the Lease. The Lessee shall not be liable for any

such charges for the period prior to or after the expiry or earlier

termination of this Agreement. The Lessee shall also be entitled to

obtain telephone connections including leased lines, fax lines, telex

lines, VSATs, internet etc. the cost of which shall be borne by the

Lessee. The Lessor agrees that it shall cooperate and sign all

documents and papers in connection therewith. However, the

equipments shall be installed at the mutually agreed place.

14. REPAIRS AND MAINTENANCE The Lessee shall be under noobligation to pay any maintenance charges for the premises. The


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Lessee will keep and maintain the said property in good order and

condition and upon the termination of this Lease Agreement will hand

over to the Lessor vacant and peaceful possession and leave the said

Pent House in good condition as it was at the time handing over of the

property by the Lessor to the Lessee (reasonable wear and tear and

loss or damage by fire, rains, accident, irresistible force or Act God

excepted). All major repairs, including structural repairs, if required,

will be carried out by the Lessor at its own cost. If the Lessor fails to

carry out such major repairs after thirty business days notice being

given by the Lessee for such repair, the Lessee shall carry out such

repairs and deduct the cost of such repairs from the lease fee payable.

However, cost of all repairs caused on account of any negligence of the

Lessee, during the tenure of this Agreement, will be borne by the

Lessee. It is agreed by the Lessee that Lessor or its agents will be

entitled to enter into and upon the said Pent House at all reasonable

time for viewing the condition of the said Pent House or doing such

work or things as may be requisite or necessary for any repairs,

alterations, servicing or improvements to the said Pent House.

15. NUISANCE:The Lessee shall not do or permit to be done in the saidPent House anything, which may be or become a nuisance to the

other occupants of the said premises. It is further agreed that the

Lessee will not obstruct or suffer to be obstructed the entrance hall,

door ways, passages, lifts, or staircase and the Lessee will not keep

goods or other things in the passage or outside of the said Pent

House.

16. PARKING: The said Premises has facility for parking of vehicles atdesignated areas on common sharing basis with the other co-

occupants of the parts of the said Premises. The Lessor in no case


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shall be responsible for arranging any additional Parking facility in

the said Premises or anywhere outside the said Premises.

17. It is the express intention of the parties hereto that the Agreementshall be mere Lease for the use and possession by the Lessee

restricted for the purpose of using the said Pent House on the terms

and conditions contained herein.

THE LESSOR DOTH HEREBY COVENANTS WITH THE LESSEE THAT:

18. The Lessor shall not do anything to alienate or encumber the saidPent House during the term of this Lease Agreement, which wouldhave the effect of harming the interest in any manner of the Lessee to

have vacant and peaceful use of the said Pent House during the

period of this Agreement.

19.The Lessor shall not do or omit or suffer to be done anything wherebythe Lessees right to use, occupy and enjoy the said Pent House

under or pursuant to this Agreement is forfeited or prejudicially

affected or extinguished.

20. The Lessor shall give to the Lessee duplicate keys of the mainentrance door in the said Pent House which the Lessee shall return to

the Lessor on the termination of this Agreement.

21.The Club House shall be managed and maintained by the __________which shall be responsible for the management of Club as per the

best standards of the other similar clubs and provide all such

facilities which are usually provided in the similar clubs and shall

determine Annual Membership fees and user charges from time to

time. The ___________ shall also make the rules and regulations for


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use of club facilities and the Lessee undertakes to abide by such rules

and regulations and to pay annual membership fees and user charges

for using club facilities. The ____________ also reserves the right to

admit outsiders also as member of the club on such terms and

conditions as it may deem fit and proper. The Lessee shall be entitled

to become the member of this club on

___________________________________. However the member will be

required to fill membership registration form and pay annual

membership Fees and Fees for using various facilities of the Club.

22. RIGHT OF PRE-EMPTION :- If at any time hereafter during thecontinuance of the lease the Lessor desires to sell his estate andinterest in the said pent house he shall before proceeding to offer the

same for sale give notice of such desire to the Lessee who shall

forthwith make an offer in writing to purchase the same and if no

such offer on the part of the Lessee is received by the Lessor within

one month of the date of service of the said notice or if the offer

received within that time is not satisfactory to the Lessor, he shall be

free to accept any other offer to purchase the said Pent House. The

Lessor further agrees that he shall not at any time accept any offer for

the purchase of the said pent house made by someone other than the

Lessee without first offering to sell the same to the Lessee in

accordance with the provisions of this clause.

THE LESSEE DOTH HEREBY COVENANTS WITH THE LESSOR THAT

23. That the said lease in the said premises shall be provided to theLessee only for the specified purpose of being used as Pent House for

the purpose of residence subject to the specific condition that the

Lessee shall have no right to use the said Pent House for the business


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of workshop, factory, bar, gambling house/lodging house, noisy,

offensive, obnoxious, immoral or for any illegal purposes. The Lessee

has further specifically agreed that he shall not himself use or permit

any other person to use the said Pent House for the purpose other

than that for which the said Pent House has been agreed to be

provided on lease to him. In the case of violation of this condition the

Lessor shall be entitled to take steps to enforce the conditions laid

down in this clause apart from the Lessors right to claim damages

from the Lessee and the right to take such other action or seek such

other legal remedy as the Lessor may decide for restraining the Lessee

from making a use prohibited by this Agreement.

24. The Lessee shall not any time demolish the structure of the penthouse or any part thereof nor at any time make or cause to be made

to any additions or alterations of whatever nature to the said space or

any part thereof.

25.The Lessee shall not be permitted the closing of verandah or balconiesor common passages or common corridors or staircase even if

particular floor/floors are occupied by the same party.

26. The Lessee shall not make any alterations in any elevations andoutside colour scheme of the exposed walls, of the verandah,

balconies, lounges or any external wall or both the faces of external

doors and windows of the space acquired by him, which in the

opinion of Lessor differ from the colour scheme of the said premises.

The Lessee shall have no right to make any new windows or opening

or the right to make any changes in the doors, walls, windows,

shutters and ventilators as may be provided in the said pent house.

27. Neither the Lessee nor the Occupier of the Pent House will put up any


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name or signboard, publicity or advertisement material, outside his

property or anywhere in the common areas without prior permission

of the Lessor or its nominee in writing.

28. The Lessee shall not decorate the exterior of the said pent houseotherwise than in the manner agreed to with Lessor or in the manner

as similar as may be in which the same was previously decorated.

29. The covenants herein agreed by the Lessee shall be binding andenforceable against the occupier as far as possible. Further the terms

and conditions agreed by the Lessee under this agreement shall be

made legally binding on the occupier as part of the terms and

conditions between Lessee and the occupier.

30.The Lessee hereby agrees that he shall have no right to put or fix orstore any kind of thing, article or goods in the common passages,

corridors, projections, open compound or any other common place or

space in the said premises and the Lessor shall be entitled to remove

the same without giving any notice to the Lessee and to take them in

its custody at the risk and responsibility of the Lessee. The Lessee

shall be entitled to claim return of such goods, materials, packages or

things from the Lessor only on payment of removal and storage

charges fixed by the Lessor provided that such goods are claimed

within reasonable period and after the expiry of a reasonable period,

the Lessor shall have the authority to forfeit and/ or dispose of the

same without any notice or accountability to Lessee and no claim of

any sort whatsoever shall be made by the Lessee against the Lessor in

respect of such goods.

31.The Lessee agrees that he shall not hang from or attach to the beamsor rafters or put on floors any articles or machinery, which are heavy


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or can or are likely to affect endanger or damage the construction of

the premises. The Lessee shall not install any machinery, which may

create sound, or noise, which may in any manner cause damages or

injury to the building or any structure or portion thereof. The Lessee

further agrees the explosives combustibles articles or any other

articles (except Gas Cylinder) which are inflammable shall not be

stored by him under any circumstances in the said property, the

Lessee shall not be entitled to use any oven to be lit up with fire or to

use vapor lamps and /or similar appliances which may be deemed to

adversely affect the electrical installation in the building.

32.That the Lessee has agreed that he shall comply with and carry outfrom time to time all the requirements, requisitions orders and

demands which are to be complied with under the orders of any

competent legal authority in respect of any matter of the said pent

house at his own cost and keep the Lessor indemnified, secured and

harmless against all cost and against all losses on account of non-

observance of the condition of this Agreement.

33. SUB- LEASE- The Lessee shall sublet, sub-lease, transfer, assign, orpart with the said pent house or any part thereof to any person/entity

without the consent of the Lessor in writing, on the condition that the

terms and conditions of this Agreement shall bound the party to

whom the said property is sub-let or sub-leased and simultaneously

the Lessee being responsible for the acts of the party to whom the said

property is sub-let or sub-leased. Further the Lessee shall keep the

Lessor indemnified against all the losses, damages or costs incurredby the party to whom the said property is sub-let or sub-leased.

34. The Lessee shall pay 6% (Six percent) of annual return or actual


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return whichever is higher to the Lessor, as lease rentals for the said

pent house.

35. The lease rentals shall be paid by the Lessee to the Lessor throughA/c Payee cheques or at par cheques in favour of

__________________________, on the 15th of every month. If the pent

house is occupied by the Lessor himself for a part of the month and

leased out for the remaining part, then the Lessee shall make a

proportionate payment to the Lessor for that month i.e. if the Lessor

himself occupies the pent house for 5 days in a month, then the

Lessee shall make a payment for the remaining days only.

36. If the Lessor desires to come and stay in said pent house during thecontinuation of this lease agreement, then Lessor shall be required to

give to the Lessee an advance written notice of clear 4 days, failing

which the Lessee shall not be bound to give the Lessor the said pent

house. The Lessee shall make arrangements for providing the Lessor

with another pent house, subject to the availability of the same. The

Lessor shall not have any right of action against the Lessee in case of

any inconvenience caused due to the fault of the Lessor himself.

37. In case the Lessee is a company this agreement shall not standterminated in the event the Lessee Company changes its name or is

merged with or acquired by any company. Such entity shall in case of

such change in name or merger or acquisition step into the shoes of

the Lessee for the purpose of this Agreement.

38.That the Lessee hereby covenants with the Lessor to regularly pay theamounts which the Lessee is liable to pay under this Agreement and

to observe and perform all the terms and conditions contained in the

Agreement and to keep the Lessor and its agents and respective


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estates and effect, indemnified and harmless against the said

payments and observance and performance of the said terms and

conditions and also against any loss or damages that the Lessor may

suffer as a result of non-observance or non performance of the said

terms and conditions, except in so far as the same are to be reserved

and performed by the Lessor.

39. In the event of the Lessee failing to remove itself from the saidProperty and hand over the same to the Lessor, the Lessee agrees to

undertake to pay an additional _____ of the outstanding amounts till

the date of handing over of the same by the Lessee. In the event of

failure on the part of Lessee to hand over vacant charge of the saidpremises or the said Pent House to Lessor on the expiry or sooner

determination of Agreement, Lessee shall bear and pay to Lessor a

sum payable per day Rs. ___________ (Rupees ___________ Only) as

damages and compensation for such wrongful use in addition to the

monthly compensation. This would, however, be subject to and in

addition to the right of the Lessor of getting the Leased Property

vacated by pursuing one or more legal remedies.

40. TERMINATION

This Agreement shall be determinable under all or any of the following

circumstances, namely: -

(a) On the date of expiry of the period of this Agreement

mentioned above.(b)If the said premises is acquired by an authority.

(c) If for any reason, due to defect in the Lessors title, the Lessee is

unable to enjoy the exclusive and peaceful occupation of the


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said pent house.

(d) If at any time during the said term the said pent house is

destroyed or damaged by fire or any other means so as to

become unfit for use and occupation for a period exceeding 30

days, then this Agreement shall stand terminated after the

said period of thirty days and the Lessor shall return all

amounts due and payable to the Lessee by Bankers Cheque

without any action on the part of the Lessee.

It is agreed that on the expiry of this Agreement or upon sooner

determination of Agreement as provided herein, the Lessee shall cease

to occupy the said Pent house and shall remove all its belongings,

articles and things from the said pent house and said premises on the

said termination, thereafter Lessee shall be deemed as trespassers

and on their failure to vacate the said Pent House, the Lessor shall be

entitled to remove them and prevent them from entering upon the

said premises or any part thereof.

NOW IT IS EXPRESSELY AGREED BY AND BETWEEN THE PATRIES

TO THIS AGREEMENT.

41. It is clearly understood between the parties that the payment ofinterest and any sum as damages or penalty as mentioned above,

after the expiry of the lease period will not amount to the waiver of the

rights of the Lessee or the Lessor to take appropriate legal action to

enforce its rights under the Law for recovery of the said amounts orthe said Property respectively.

42. All notices, reports, requests, acceptances and other communications


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required or permitted under this Lease Agreement will be in writing

and shall be made to the respective address of the parties mentioned

herein above and shall be sent by telex, facsimile or first class

registered post to the party being served at its designated address.

In the case of the Lessor the Facsimile No. is: +91-141-

And address is:____________________________

_____________________________

In the case of the Lessee the Facsimile No. is +91-

And address is:_________________________

_________________________

The date of service shall be deemed to be:

(a) In the case of notices sent via telex or facsimile, the two

business days following the day of transmission.

(b) In any other case, ten days following the day on which the

notice was transmitted or posted as the case may be.

The parties agree to notify in writing any change of address in which

case the notice under this Clause shall be sent at the changed

address.

43.The renewals for continuation of the Lease shall be as per the termsand conditions negotiated and agreed between the parties.

44. The Lessee shall have the liberty to remove all fixtures and fittings,whether temporarily or permanently installed by the Lessee and the

Lessor shall not object to same and shall not claim any damage


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thereof.

45.The stamp duty and registration charges incidental to this Agreementshall be borne and shared equally between the parties herein.

46. In case there is any direct or indirect loss to the Lessor on account ofcarrying out illegal or unlawful activities by the Lessee in the said

Pent House or the said premises, the same shall be compensated by

the Lessee to the Lessor and further in such case the Lessor shall be

entitled to immediately terminate this Agreement and recover and

forfeit the security deposit of the Lessee.

47.This Agreement shall be executed in two counterparts, each of whichshall be deemed to be an original.

48. All disputes and differences between the parties hereto regarding theinterpretation scope or effect of any of the terms and conditions

herein contained or in any way touching or concerning these presents

shall be referred to a Sole Arbitrator appointed jointly by Lessee and

Lessor and the same shall be deemed to be a reference within the

meaning of the Arbitration and Conciliation Act, 1996 or any other

statutory re-enactment or modification thereto for the time being in

force. The venue of such Arbitration shall be ___________. This

Agreement shall be subject to ________ jurisdiction.

49. The Lessor agrees that the Lessee shall have complete freedom toreside in the said pent house, without any let, hindrance or

interference of any nature by the Lessor or otherwise.


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IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed

their respective hands the day and year first hereinabove written.

SIGNED SEALED AND DELIVERED BY THE WITHINNAMED LESSOR

BY THE HAND OF

Mr./Mrs./Ms.__________________________________________________________


Age _________________ years Occupation ____________________Residential

OR

Mr./Mrs./Ms._______________________________________________________


Age _________________ years Occupation ____________________Residential

OR

M/s. ________________________________________________ a partnership firm

duly registered under the Indian Partnership Act, 1932, having its

registered office at ______________________________________, represented

herewith through its partner authorized by resolution dated

________________________ Shri/ Smt. ____________________________________

OR

_______________________________________________________ a Company

registered under the Companies Act 1956, having its registered office at

_______________________________________________, through its duly

authorized signatory Shri/Smt. _____________ S/o ______________________

R/o _______________________ authorized by Board Resolution dated

___________________________________


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The First Part

In Presence of

________________________

SIGNED SEALED AND DELIVERED BY THE WITHINNAMED LESSEEBY THE HAND OF

M/s ICARUS BUILDERS & DEVELOPERS PVT. LTD., a Company

incorporated under the provisions of Companies Act, 1956 and having its

registered office at A 105, The Milestone, Gandhi Nagar Mod, Tonk Road,

Jaipur represented herewith through its duly authorized representative

Mr. _____________________________________ S/o ___________

R/o________________.

The Second Part.

In Presence of

________________________


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SCHEDULE A

THE SAID LAND

ALL that the whole of Land situated at _______________________

surrounded on all the sides by _________________ measuring

_______________having following Dimensions:

On North : East West : ___________ft

On South : East West : ___________ft

On East : North South : __________ft

On West : North South : _____________ ft

The above Land is bounded as under in the

EAST :

WEST :

SOUTH :

NORTH :


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SCHEDULE B

Blueforest


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SCHEDULE C

THE PENT HOUSE

The said Pent House is ALL THAT the Premises on the said landadmeasuring ___________ super built up on ________________ Floor in

_____________ Block. The Pent House is a 600 Sq. Ft. carpet area n\made

of wooden structure. The Pent House is fully furnished and it contains:

1. One bedroom fully air conditioner with attached modular latbath,

plasma screen television, bed and wardrobe.

2. A living room with a sofa and a centre table.

3. A open modular kitchen

4. A balcony with bamboo chair and table.

The Lesser has a right of use of the common areas along with other

Owners of the other Pent Houses in the Premises and as shown for

clarity in the annexed plan of the Pent House and marked______________

with outline specification as mentioned in the Schedule-D.


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SCHEDULE D

OUTLINE SPECIFICATION OF THE SAID PROPERTY


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SCHEDULE E

COMMON PARTS AND THE COMMON AREAS

1. Staircase and landings on all the floors including main entrance

lobby.

2. Common passage on the Ground Stilt Floor.

3. Water pipes and other plumbing installation from the Overhead /

Underground water tanks for the supply of the water.

4. Electric wiring, meters and fittings, electric panel (including those

as are installed for any particular unit), Transformer etc.

5. Light and electrical fittings if any, in the aforesaid common parts.

6. Boundary wall.

7. Main Gate.

8. Bore well and pump.

9. Common Toilets & Lobbies, if any on the Stilt Parking Floor.

10. Open set backs of the plot after leaving space for the reserved

open car parking areas.

11. Lift and its machineries, Lift well, Generator etc. (if any).

12. Telephone lines and Cable TV wires.

13. Landscape Gardens


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SCHEDULE F

FACILITIES

Charged Facilities

S.NO. PARTICULARS

1. Food and Liquor

2. SPA

3. Use of Conference Hall

4. Maintenance of own Pent House

5. Electricity and Water Supply Charges

6. Telephone Call Charges

7. Laundry Charges

8.

9.

Free Facilities

S.NO. PARTICULARS

1. Swimming Pool


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2. Room Service

3. All Indoor and Outdoor Club Games

4. Gymnasium

5. Right of participating and viewing puppet show and

Kalbeliya Dance

6. Sauna/ Jacuzzi Bath (Subject to Availability)

7. Disco Theque and Bar Access

8. Rain Dance Floor

9. Rights to join tracking camps organized by resort but

have to pay for any further accommodations

10. Access to all parks and play grounds

11. Can Bring Max 50 Persons in a day to the Resort and all

the visitors can use the above mentioned free facilitieswithout paying any charges.

12. No Maintenance Charges for the Resort.

Lease Agreement of Penthouse

Documents

Transcript of Lease Agreement of Penthouse