MANAGEMENT, MAINTENANCE AND COMMON ENJOYMENT. 10.1 As a matter of necessity, the possession and enjoyment of the said flat/unit by the Lessee shall be consistent with the rights and interest of all the sub-lessee and in using and enjoying the said flat/unit and the Common Areas and Installations, the Lessee bind themselves and covenants :- 10.2 to co-operate with the Lessee/Promoter or its appointed agency/agencies in the management and maintenance of the building(s) and other common purposes. 10.3 to observe and perform the rules regulations and restrictions from time to time, in force, for the quiet and peaceful use, enjoyment and management of the building(s) and in particular the common Areas and Installation(s) and other common purposes. 10.4 to use the said flat/unit only for residential purpose and for no other purpose(s). 10.5 unless the right to parking motor car is expressly granted and mentioned in the Schedule hereunder written, the Lessee shall not park any motor car or any other vehicle at any place in the said complex (including at the open space at the said complex) AND if the right to park car is so expressly granted and mentioned in the Schedule the lessee shall use the car parking space(s) only for the purpose of parking of standard size passenger motor car. In case of goods vehicles for loading and unloading purpose, the same can be placed/parked at an assigned place and between fixed time to be declared by the Lessee/Promoter or the maintenance company as the case may be. 10.6 to use the Common Areas and Installations only to the extent required for ingress to and egress from the said flat/unit of men and materials and passage of utilities and facilities. 10.7 to keep the common areas, open spaces, parking areas, paths, passages, staircases, lobby, landings etc. free from obstructions or encroachments and in a clean and orderly manner and not to store or allow anyone to store any goods, articles or things or allow anyone to sleep or rest therein or thereat or in any other common areas of the said premises. 10.8 not to claim any right whatsoever or howsoever over any flat/unit or portion in the said premises save the said flat/unit. 10.9 not to put any nameplate or letter box or neon-sign or board in the common areas or on the outside wall of the building/residential complex save a letter-box at the place in the ground floor as be expressly approved or provided by the Lessee/Promoter and a decent nameplate outside the main gate of their Flat/unit. It is hereby expressly made clear that in no event the Lessee shall open out any additional window or any other apparatus protruding outside the exterior of the said Flat/unit excepting air conditioners to be placed in the designated cut out positions. 10.10 not to alter the outer elevation of the Flat/unit or Building or any part thereof nor decorate the exterior of the Building otherwise than in the manner agreed by the Lessee/Promoter or its agency in writing or in the manner as near as may be in which it was previously decorated. 10.11 not to deposit or throw or permit to be deposited or thrown any rubbish or refuse or waster or spit in the staircase, lobby, landings, pathways, passages or in any other Common Areas and Installations or in any other portion of the complex or block nor into lavatories, cisterns, water or soil pipes serving the Building nor allow or permit any other Co-occupier to do so. 10.12 not to commit or permit to be committed any alteration or charges in pipes, conduits, cables and other fixtures and fittings serving the other flat/units in the Building. 10.13 to keep the said flat/unit and party walls, sewers, drains pipes, cables, wires, entrance and main entrance serving any other Flat/unit in the Building in good and substantial repair and conditions so as to support shelter and protect and keep usable the other flat/unit/parts of the Building and not to do or cause to be done anything in or around the said Flat/unit which may cause or tend to cause or tantamount to cause or affect any damage to any flooring or ceiling of any other portion over below or adjacent to the said flat/unit. In particular and without prejudice to the generality to the foregoing, the Lessee doth hereby covenant that the Lessee/Promoter that the Lessee shall not make any from of alternation in the beams and columns passing through the said Flat/unit or the common areas for the purpose of making changing or repairing the concealed wiring and piping or otherwise. 10.14 not to carry on or cause to be carried on any obnoxious injurious noisy dangerous hazardous illegal or immoral deed or activity in or through the said flat/unit. 10.15 to apply for and obtain at their own costs separate assessment and mutation of the said flat/unit in the records of the North Dum Dum Municipality and the Lessee/Promoter shall give its consent for the same. It is further agreed by the Lessee not to raise any questions in case the Lessee/Promoter herein raises any Additional Floor over the present sanction pursuant to necessary sanction being obtained from the appropriate authority or authorities and the Lessee shall not claim any amount by whatsoever nature and also not disturb the process of construction by any means not withstanding temporary difficulties. 10.16 it is agreed between the parties hereto that the Building shall be called “SGIL-SUREZA”. But the Lessee/Promoter shall be at liberty to change the name, as they deem fit and proper and the same shall be fully binding on the Lessee. 10.17 The Lessee shall be bound to bear and pay and discharge exclusively the following expenses and outgoings: i) Municipal rates and taxes and water tax, if any, assessed on or in respect of the said flat/unit directly to North Dumdum Municipality provided that so long as the said Flat/unit is not assessed separately for the purpose of such rates and taxes, the Lessee shall pay to the Lessee/Promoter proportionate share of all such rates and taxes assessed on the said premises and as determined by the Lessee/Promoter. ii) The lessee shall ensure electricity through the separate electricity meter in respect of the flat/unit to be installed at the appropriate location in the said building. The lessee shall directly pay the electricity charges to the concerned authority from time to time. iii) All other taxes impositions levies cess and outgoings whether existing or as may be imposed or levied at any time in future on or in respect of the said flat/unit or the building or the said premises as a whole and whether demanded from or payable by the Lessee or the Lessee/Promoter and the same shall be paid by the Lessee wholly in case the same relates to the said flat/unit and proportionately in case the same relates to the building or the said premises as a whole. iv) Until a separate electric meter is obtained by the Lessee for its Flat/unit, the Lessee/Promoter shall provide a reasonable quantum of power in the said Flat/unit from its existing sources and the Lessee shall pay electricity charges to the Lessee/Promoter or its appointed agency who shall be liable to pay the same to CESC Limited/WBSEDCL. 10.18 Unless otherwise expressly mentioned elsewhere herein, all payments mentioned herein shall be made within the seventh day of the month for which the same be due in case of monthly payments and otherwise also all other payments herein mentioned shall be made within 7 days of demand being made by the Lessee/Promoter or its appointed agency/agencies. The bills and demands for the amounts payable by the Lessee shall be deemed to have been served upon the Lessee, in case the same is left in the said Flat/unit or in the letter box in the ground floor of the building earmarked for the said Flat/unit. 10.19 In the event of the Lessee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges, municipal rates and taxes, Common expenses or any other amount payable by the Lessee under these presents within a period of seven days from the date such sum becoming due or payable and/or in observing and performing the covenants terms and conditions of the Lessee hereunder, then without prejudice to the other remedies available against the Lessee hereunder, the Lessee shall be liable to pay to the Lessee/Promoter or its appointed agency interest at the rate of 12% per annum on all the amounts in arrears and without prejudice to the aforesaid, the Lessee/Promoter or its appointed agency shall be entitled to withhold and stop all utilities and facilities (including lift, generator etc,) to the Lessee.
Appears in 1 contract
Sources: Lease Agreement
MANAGEMENT, MAINTENANCE AND COMMON ENJOYMENT. 10.1 As a matter of necessity, the possession ownership and enjoyment of the said flatFlat/unit by the Lessee shall Purchaser be consistent with the rights and interest of all the subCo-lessee owners and in using and enjoying the said flatFlat/unit and the Common Areas and Installations, the Lessee bind themselves Purchaser binds himself and covenants :-
10.2 (a) to co-operate with the Lessee/Promoter or its appointed agency/agencies Maintenance In charge in the management and maintenance of the building(s) Building and other common purposes.
10.3 (b) to observe and perform the rules regulations and restrictions from time to time, time in force, force for the quiet and peaceful use, use enjoyment and management of the building(s) Building and in particular the common Common Areas and Installation(s) Installation and other common purposes.
10.4 (c) to use the said flat/unit Unit only for residential purpose the private dwelling residence in a decent and respectable manner and for no other purpose(s)purpose.
10.5 (d) unless the right to of parking motor car is expressly granted and mentioned in the Second Schedule hereunder written, the Lessee Purchaser shall not park any motor car or any other vehicle at any place in the said complex Building (including at the open space at spaces in the said complexBuilding) AND if the right to park car is so expressly granted and mentioned in the Second Schedule the lessee Purchaser shall use the car parking space(s) space/s only for the purpose of parking of standard size passenger their medium sized motor car. In case of goods vehicles for loading and unloading purpose, the same can be placed/parked at an assigned place and between fixed time to be declared by the Lessee/Promoter or the maintenance company as the case may be.
10.6 (e) not to use any part of the Building or other Common Areas and Installations for bathing or other undesirable purposes or such purpose which may cause any nuisance or annoyance to the other Co-owners.
(f) to use the Common Areas and Installations only to the extent required for ingress to and egress from the said flat/unit Unit of men and materials and passage of utilities and facilities.
10.7 (g) to keep the common areas, open spaces, parking areas, paths, passages, staircases, lobby, landings etc. ., free from obstructions or encroachments and in a clean and orderly manner and not to store or allow anyone any one to store any goods, good articles or things or allow anyone to sleep or rest therein or thereat or in any other common areas of the said premisesBuilding.
10.8 (h) not to claim any right whatsoever or howsoever over any flat/other unit or portion in the said premises Building save the said flat/unitUnit.
10.9 (i) not to put any nameplate or letter box or neon-sign or board in the common areas or on the outside wall of the building/residential complex Building save a letter-box at the place in the ground floor as be expressly approved or provided by the Lessee/Promoter Developer and a decent nameplate outside the main gate of his/her/its/their Flat/unitUnit. It is hereby expressly made clear that in no event the Lessee Purchaser shall open out any additional window or any other apparatus protruding outside the exterior of the said Flat/unit Unit excepting air conditioners airconditioners to be placed in the designated cut out positions.
10.10 (j) not to alter the outer elevation of the Flat/unit or Building or any part thereof nor decorate the exterior of the Building otherwise than in the manner agreed by the Lessee/Promoter or its agency Maintenance In-charge in writing or in the manner as near as may be in which it was previously decorated.
10.11 (k) not to deposit or throw or permit to be deposited or thrown any rubbish or refuse or waster waste or spit in the staircase, lobby, landings, pathways, passages or in any other Common Areas and Installations or in any other portion of the complex or block Building nor into lavatories, cisterns, water or soil pipes serving the Building nor allow or permit any other Co-occupier owners to do so.
10.12 (l) not to commit or permit to be committed any alteration or charges changes in pipes, conduits, cables and other fixtures and fittings serving the other flat/units in the Building.
10.13 (m) to keep the said flat/unit Unit and party walls, sewers, drains pipespies, cables, wires, entrance and main entrance serving any other Flat/unit Unit in the Building in good and substantial repair and conditions condition so as to support shelter and protect and keep usable habitat the other flat/unitunits/parts of the Building and not to do or cause to be done anything in or around the said Flat/unit Unit which may cause or tend to cause or tantamount to cause or affect any damage to any flooring or ceiling of any other portion over below or adjacent to the said flat/unitUnit. In particular and without prejudice to the generality to the foregoing, the Lessee Purchaser do and each of them doth hereby covenant that the Lessee/Promoter Developer that the Lessee Purchaser shall not make any from form of alternation alteration in the beams and columns passing through the said Flat/unit Unit or the common areas for the purpose of making changing or repairing the concealed wiring and piping or otherwise.
10.14 (n) not to let out transfer or part with the possession of the parking space, if the right of parking car is granted hereunder, independent of the said Unit nor vice versa, with the only exception being that the Purchaser shall be entitled to let out transfer or part with possession of the parking space independent of the said Unit to any other Co- owners and none else.
(o) not to carry on or cause to be carried on any obnoxious injurious noisy dangerous hazardous illegal or immoral deed or activity in or through the said flat/unitUnit.
10.15 to apply for and obtain (p) maintain at his/her/its/their own costs separate assessment costs, the said Unit in the same good condition state and mutation order in which the same be delivered to the Purchaser and abide by all laws, bye-laws, rules, regulations and restrictions (including those relating to Fire Safety under the West Bengal Fire Services Act, 1950 and the rules made thereunder) of the Government, Madhyamgram Municipality, Kolkata Metropolitan Development Authority, CESC Limited/ WBPSDCL, Fire Brigade and/or any statutory authority and/or local body with regard to the user and maintenance of the said flat/unit in Unit as well as the records user operation and maintenance of the North Dum Dum Municipality lift, water, electricity, drainage, sewerage and other installations and amenities at the Building and to make such additions and alterations in or about or relating to the said Unit and/or the Building as be required to be carried out by them or any of them, independently or in common with the other Co-owners as the case may be without holding the Vendors or the Developer in any manner liable or responsible therefor and to pay all costs and expenses therefor wholly or proportionately as the case may be and to be answerable and responsible for deviation or violation of any of their conditions or rules or bye-laws and shall indemnify and keep the Vendors and the Lessee/Promoter shall give its consent for Developer saved, harmless and indemnified from and against all losses damages costs claims demands actions and proceedings that it may suffer or incur due to any non-compliance, non performance, default or negligence on the same. It is further agreed by part of the Lessee not to raise any questions in case the Lessee/Promoter herein raises any Additional Floor over the present sanction pursuant to necessary sanction being obtained from the appropriate authority or authorities and the Lessee shall not claim any amount by whatsoever nature and also not disturb the process of construction by any means not withstanding temporary difficultiesPurchaser.
10.16 it is agreed between the parties hereto that the Building shall be called “SGIL-SUREZA”. But the Lessee/Promoter shall be at liberty (q) to change the namebear, as they deem fit and proper and the same shall be fully binding on the Lessee.
10.17 The Lessee shall be bound to bear and pay and discharge exclusively the following expenses and outgoingsoutgoings :-
i) Municipal rates and taxes and water tax, if any, assessed on or in respect of the said flat/unit Unit directly to North Dumdum the Madhyamgram Municipality provided that Provided That so long as the said Flat/unit Unit is not assessed separately for the purpose of such rates and taxes, the Lessee Purchaser shall pay to the Lessee/Promoter Developer proportionate share of all such rates and taxes assessed on the said premises and as determined by the Lessee/Promoterpremises.
ii) The lessee shall ensure electricity through the separate electricity meter in respect of the flat/unit to be installed at the appropriate location in the said building. The lessee shall directly pay the electricity charges to the concerned authority from time to time.
iii) All other taxes impositions levies cess and outgoings whether existing or as may be imposed or levied at any time in future on or in respect of the said flat/unit Unit or the building Building or the said premises property as a whole and whether demanded from or payable by the Lessee Purchaser or the Lessee/Promoter Developer and the same shall be paid by the Lessee Purchaser wholly in case the same relates to the said flat/unit Unit and proportionately in case the same relates to the building or the said premises Building as a whole.
iviii) Until Electricity charges for electricity consumed in or relating to the said Unit and until a separate electric meter is obtained by the Lessee Purchaser for its Flat/unithis Unit, the Lessee/Promoter Developer shall provide a reasonable quantum of power in the said Flat/unit Unit from its existing sources and the Lessee Purchaser shall pay electricity charges to the Lessee/Promoter or its appointed agency who Maintenance In-charge based on the reading shown in the sub-meter provided for the said Unit at the rate at which the Maintenance In charge shall be liable to pay the same to CESC Limited/WBSEDCLLimited/ WBPSDCL.
10.18 iv) Charges for enjoying and/or availing power in excess of 1 (one) Watt per square foot of the area of the said Unit, if (subject to availability) provided to the Purchaser and the said Unit by the Maintenance In-charge from the common Generator to be installed and the same shall be payable to the Maintenance In-charge And also charges for using enjoying and/or availing any other utility or facility, if exclusively in or for the said Unit, wholly and if in common with the other Co-owners, proportionately to the Developer or the appropriate authorities as the case may be.
v) Proportionate share of all Common Expenses (including those mentioned in the Fourth Schedule hereunder written) payable to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Purchaser shall pay to the Maintenance In-charge, a minimum of maintenance charges calculated @ Rs.2/- (Rupees Two) only per square feet per month of the super built-up area of the said Unit. The said minimum rate shall be subject to revision from time to time as be deemed fit and proper by the Maintenance In-charge at its sole and absolute discretion after taking into consideration the common services provided and the general escalation in the market rates of such services upon reasonable prior notice to the Purchaser.
vi) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Purchaser in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be (including Delayed Payment Surcharge as charged by CESC Ltd./WBPSDCL, from its consumers for the delay in payment of its bills).
vii) to observe such other covenants as be deemed reasonable by the Developer from time to time for the common purposes
10.1 The Purchaser shall be entitled to take inspection from time to time and at all times after the date of commencement of liability, the documents, vouchers or supporting of all the aforesaid charges or expenses to be incurred by the Developer or the Maintenance-in-charge and would be charged to the Purchaser either wholly or proportionately, at the office of the Developer upon prior written notice.
10.2 Unless otherwise expressly mentioned elsewhere herein, all payments mentioned herein shall be made within the seventh day of the month for which the same be due in case of monthly payments and otherwise also all other payments herein mentioned shall be made within 7 days of demand being made by the Lessee/Promoter or its appointed agency/agenciesMaintenance In-charge. The bills and demands for the amounts payable by the Lessee Purchaser shall be deemed to have been served upon the LesseePurchaser, in case the same is left in the said Flat/unit or in the letter box in the ground floor of the building earmarked for the said Flat/unit.
10.19 10.3 Until the expiry of three months of a notice in writing given by the Developer to the Purchaser and the other co-owners to take over charge of the acts relating to common purposes, the Developer shall be the Maintenance In-charge and look after the common purposes and the Purchaser undertakes to regularly and punctually pay to the Developer or their nominee the maintenance charges and other amounts payable by the Purchaser hereunder.
10.3.1 So long the Developer is the Maintenance In-charge, the Purchaser shall not hold the Maintenance In-charge liable for rendering any accounts or explanation of any expenses incurred by the Maintenance In-charge in its acts relating to the Common Purposes nor shall the Purchaser be entitled to hold the Developer responsible to furnish any accounts, vouchers, bills, documents etc. in any manner and the Purchaser as well as the Association shall remain liable to indemnify and keep indemnified the Developer for all liabilities due to non-fulfillment of their respective obligations contained herein by the Purchaser and/or the Association.
10.4 The notice contemplated under clause 10.3 hereinabove may be given by the Developer at its sole discretion upon transfer of all the Flat/units in the building to the Co-owners or, earlier, and immediately upon receipt of such notice, the Purchaser along with the other Co-owners shall at their own costs and expenses and in a lawful manner form the Association for the common purposes with the Co-owners as shareholders or members, as the case may be, thereof and each shareholder or member shall have voting rights in such Association equivalent to one vote per square feet of the built-up area of their respective Flat/units, it being clarified that in case there be more than one Purchaser of one Flat/unit even then only one of such Purchaser who is nominated amongst them shall be entitled to have voting rights appertaining to their Flat/unit.
10.4.1 The Purchaser and the other Co-owners shall sign and execute all papers, documents and applications for the purpose of formation of the Association and to do all the necessary acts deeds and things and the Developer shall not in any manner be responsible and liable therefor except that in the event, the Developer shall retain any flat/unit, he shall also become a shareholder or member of the Association, as the case may be.
10.5 Upon formation of the Association, the Developer shall transfer to the Association all its rights responsibilities and obligations with regard to the common purposes (save those expressly reserved by the Developer hereunder or so intended to be or so desired by the Developer hereafter) whereupon only the Association shall be entitled thereto and obliged therefore, it being expressly agreed and clarified that in case on the date of expiry of the notice period specified in Clause 10.3 hereinabove, the Association is not formed then all such rights responsibilities and obligations with regard to the common purposes shall be deemed as on such date to have been transferred by the Developer to all the Co-owners for the time being of the building without any further act on the part of the Developer and whereupon only the Co- owners shall be entitled thereto and obliged therefore. All reference to the Developer herein with regard to the common purposes shall thenceforth be deemed to be reference to the Association or the Co-owners as the case may be.
10.5.1 At the time of handing over the charge to the Association or to the Co- owners as the case may be the Developer shall also transfer the residue then remaining of the deposit made by the Purchaser hereinabove after adjusting all amounts then remaining due and payable by the Purchaser and the amounts thus transferred shall be held by the Association or the co-owners to the Account of the Co-owners respectively for the purpose thereof and the Purchaser and the other Co- owners and the Association shall remain liable to indemnify the Developer for all liabilities due to non fulfillment of its obligations by the Purchaser and/or the other Co-owners and/or the Association and also for all liabilities claims and demands arising in course of the maintenance management upkeep and administration of the building by the Association and/or Co-owners (including those on account of loss of life or property due to operation and maintenance of lifts and/or other installations in the building).
10.6 The rules and regulations and/or bye laws of the said Association shall not be inconsistent herewith.
10.7 In the event of the Lessee Purchaser failing and/or neglecting or refusing to make payment or deposits of the maintenance charges, municipal rates and taxes, Common expenses or any other amount payable by the Lessee Purchaser under these presents within a period of seven days from the date of such sum becoming due or payable and/or in observing and performing the covenants terms and conditions of the Lessee Purchaser hereunder, then without prejudice to the other remedies available against the Lessee Purchaser hereunder, the Lessee Purchaser shall be liable to pay to the Lessee/Promoter or its appointed agency Maintenance In-charge interest at the rate of 12% per annum mensem on all the amounts in arrears and without prejudice to the aforesaid, the Lessee/Promoter or its appointed agency Maintenance In-charge shall be entitled to :
(i) disconnect the supply of electricity to the said Flat/unit.
(ii) withhold and stop all other utilities and facilities (including lift, generator etc,.) to the LesseePurchaser and his family members, servants, visitors, guests, tenants, licenses and/or the said Flat/unit.
(iii) to demand and directly realise rent and/or other amounts becoming payable to the Purchaser by any tenant or licensee or other occupant in respect of th
Appears in 1 contract
Sources: Sale Agreement