Rooftop lease agreement for telecom tower

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    08-May-2015
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    Real Estate

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This is a draft agreement for leasing out rooftop and vacant land to telecom companies to setup tower and other infrastructure. I have highlighted the critical points and provided possible comments. I would say everyone who wish to lease their rooftop or vacant land should read this carefully before entering in to an agreement. I am sure this will be a highly useful document for most of the Indians. Comments welcome.

Transcript of Rooftop lease agreement for telecom tower

  • 1.DEED OF LEASE (XXX-0025) THIS DEED OF LEASE (Deed) is executed at Chennai on this the ____ day of _____, 2013 BETWEEN Mr. XXXXXXXXXXX, (PAN No.), S/o XXXXXXXXX, adult, Indian Inhabitant aged about ___ years, residing at No XX, XXXXX Nagar, Trichy, hereinafter referred to as Lessor (which expression shall unless repugnant to the subject or context shall mean and include his/her respective heirs, legal representatives, executors, administrators and permitted assigns) of the ONE PART. AND XXXXXXXXXXXXXXXX LIMITED (PAN No. XXXXXXXXXX), a Company duly incorporated and registered under the provisions of Indian Companies Act, 1956 and having its registered office at (address deleted) and having its administrative office at (address deleted) represented herein by its duly authorised signatory _________________________, son of Sri. _________________ aged about ____ years, hereinafter referred to as Lessee (which expression shall unless repugnant to the subject or context shall mean and include its successors, subsidiaries, affiliates and / or assigns) of the OTHER PART. The Lessor and the Lessee shall hereinafter be individually referred to as Party and collectively as Parties. WHEREAS the Lessor is the society of and is absolutely seized and possessed of the open areas including rooftop space of the building comprised in Trichy District, Trichy RegistrationDistrict, Trichy Joint Sub District, Trichy Taluk, XXXXXXXXX Village, Nanja S.No.XX/Y an extent of XX cents out of it on the southern side an extent of YY cents divided into plots in it an extent of ZZZZ sq.feet in the Registration District of Trichy (hereinafter referred to as the Building); AND WHEREAS the Lessee is an internet service provider company having Category A license granted by the Government of India, Ministry of Communications & IT, Department of Telecommunications, and is engaged in the business of providing broadband internet services and other allied services on a pan-India basis. AND WHEREAS for the aforesaid purpose, the Lessee is required to set up a transmission tower / pole / mast and other related equipments on the ground or on rooftop / terrace of various buildings. AND WHEREAS the Lessee is desirous of using a portion of the ground / roof / terrace of the Building on leasehold basis for the purpose of installation, operation and maintenance of single or multiple transmission tower / pole / mast and other related equipments, with or without RCC foundation, beams, columns etc., civil / prefabricated equipment shelters, earthing connections to antennae and equipments laying of cables, lightening arrestors and aviation lamps, necessary cabling and power connectivity to the equipments, space for installing electric meter, batteries and power connectivity etc., together with the right to dig trenches, manholes, ducts etc., a standby diesel generator or any

2. other source of producing energy, if necessary and has accordingly approached the Lessor, who has agreed to demise unto the Lessee 100 square feet area on the ground for laying earth pit and manholes and 450 square feet area for installing and commissioning rooftop pole / mast on the roof / terrace of the Building comprised in Trichy District, Trichy Registration District,Trichy Joint Sub District, Trichy Taluk, XXXXXXXXX Village, Nanja S.No.XX/Y an extent of XX cents out of it on the southern side an extent of YY cents divided into plots in it an extent of ZZZZ sq.feet i n the Registration District of Trichy more particularly described in the Schedule hereinafter contained and shown bounded by red coloured boundary line on the plan annexed hereto (hereinafter referred to as Demised Premises) for installing single or multiple transmission tower / pole / mast and other related equipments as per the abovementioned requirements of the Lessee, for a period of 20 years on leasehold basis, on the terms and conditions hereinafter contained. NOW THEREFORE, in consideration of the mutual covenants contained in this Deed and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree to the following terms and conditions governing the lease contemplated herein: 1. REPRESENTATIONS AND WARRANTIESa. The Lessee represents to the Lessor that i. It has all requisite corporate power and authority to execute, deliver and perform its obligations under this Deed and has been fully authorized by all requisite corporate actions to do so; ii. It has all necessary statutory and regulatory permissions, approvals and permits for the purpose of carrying on its activities at the Demised Premises; iii. It will provide such cooperation as the Lessor reasonably requires in order to give full effect to the provisions of this Deed.b. The Lessor represents and warrants to the Lessee that i. That the Lessor is the sole and absolute owner of the Building as well as Demised Premises and is in exclusive and undisputed possession thereof. The Demised Premises has a clear and marketable title and is free from all sorts of restrictive covenants, minors claims, encumbrances, charges, mortgages, liens whatsoever and the same is not the subject matter of any pending or threatened litigation, governmental investigation or any land acquisition proceedings. The Lessor undertakes to give Lessee immediate intimation in writing of any such claim, litigation, proceeding, investigation 3. etc., which becomes known to the Lessor prior to execution of this Lease Deed. ii. The Lessor has not received any notice in respect of breach of any of the provisions of law in connection with the Demised Premises or any part thereof from any competent or local authority. iii. The Lessor has not entered into any agreement, arrangement or understanding with any third party for sale, transfer, mortgage, liens etc. of the Demised Premises or any part thereof. No claims of any third party / parties of any kind whatsoever, subsist in respect of the Demised Premises. iv. The Lessor has not done, omitted or suffered to be done and hereby undertakes that the Lessor shall not, during the subsistence of this Agreement, do or omit or suffer to be done any act, whereby the right of the Lessee to hold possess and enjoy the Demised Premises under this Agreement can be determined, extinguished or avoided. v. The Demised Premises is not prohibited from being used as per the requirements of the Lessee. vi. The Lessor has verified the nature, usage, purpose, specifications, weight and dimensions of the Equipments to be installed at the Demised Premises and warrants to the Lessee that the Building is structurally strong enough to withstand the load of the Equipments of the Lessee. vii. The Lessor is in sole and exclusive possession of the ground and the roof and terrace rights of the Building and is legally entitled to give open and covered areas on the ground floor and on roof or terrace of the Building on long term lease to interested parties; viii. The managing committee of the society of the Building has resolved to demise unto the Lessee all that Demised Premises for a period of 20 years. ix. The society of the Building has not received any objection from any of its members or other residents of the Building with regard to the installation of Lessees equipments inside the Building premises in terms of these presents. x. The Lessor has obtained and constructed buildings vide Plan permit no.____.c. Both the Parties represent that the execution and performance of this Deed by either of the Parties does not and shall not violate any provision of any existing Agreement by any Party. 4. 2. LEASE OF DEMISED PREMISESa. In pursuance of this Deed and in consideration of the rent hereby reserved and of the covenants and conditions herein contained and on the part of the Lessee to be paid, observed and performed, the Lessor doth hereby demise unto the Lessee the Demised Premises consisting of ALL THAT piece or parcel of land admeasuring 100 square feet area on the ground and 450 square feet area on the roof / terrace of the Building comprised in Trichy District, Trichy Registration District,Trichy Joint Sub District, Trichy Taluk, XXXXXXXXX Village, Nanja S.No.XX/Y an extent of XX cents out of it on the southern side an extent of YY cents divided into plots in it an extent of ZZZZ sq.feet in the Registration District of Trichy more particularly described in the Schedule hereinafter contained and shown bounded by red coloured boundary line on the plan annexed hereto, together with all rights, easements and appurtenances whatsoever belonging or appertaining to the Demised Premises, for the purpose of installation, operation and maintenance of single or multiple transmission tower / pole / mast and other related equipments of the Lessee, with or without RCC foundation, beams, columns etc., temporary / semi-permanent civil / prefabricated equipment shelters, earthing connections to antennae and equipments, laying of cables, lightening arrestors and aviation lamps, necessary cabling and power connectivity to the equipments, space for installing electric meter, batteries and power connectivity etc. (hereinafter collectively referred to as Equipments), together with the right to dig trenches, manholes, ducts etc.b. The Lessor doth hereby permit the authorized representatives of the Lessee to carry tools, heavy machinery, raw materials, cranes, heavy vehicles, anchorage equipment, winches, pulleys, ropes, scaffolding, brackets, clamps, welding and cutting equipment etc. and to use the same on the Demised Premises. The Lessor has, simultaneously with the signing of this Agreement, granted access to the Lessee and its authorised representatives inside the Building and to the Demised Premises and has also permitted the authorized representatives of Lessee to commence and carry out all types of construction, installation, cabling, ducting, flooring activities, to dig trenches,