Amenities Agreement
Amenities Agreement
Amenities Agreement
THIS AGREEMENT made at Mumbai this ______ day of July ____ ___________
2008____2007 between (1) _____________ (2) ___________________,
(3) ________________, (4) ___________________, (5)
_____________________ MRS. ANJALI DHARMESH PANDITShri Dilip R
Pandit, POA holder of sole proprietor of PRINCE HOSPITALITY having address
at 178, Jawahar Nagarland lord smt.Kamlaben R Pandit of building no 6,
Gajanan colony road, Goregaon (W), Mumbai 400 062 all residing at
______________________________________________________________
and (6) ____________________ residing at
_____________________________ hereinafter collectively referred to as “the
“Licensorandlords” (which expression shall unless it be repugnant to the
context or meaning thereof shall mean and include their legal heirs, executors,
administrators, successors and assigns of the proprietor) of the One Part;
AND
VFS GLOBAL SERVICES PVT. LTD. a Company incorporated under the
provisions of the Companies Act, 1956 and having its Registered Office at Kuoni
House, Colaba, Mumbai – 400 001, represented by their VP - Finance, Mrs. Paul
JohnAmi Melekar( Mrs.Ami soni before marraige) (hereinafter called “the new
tenantLicensee”, which expression shall unless repugnant to the context or
meaning thereof include its successors and permitted assigns) of the Other part.
W H E R E A S:
and up to June 30, 2008 then the Licensee shall be entitled to pay half of
Amenity fee till the Licensor provides the Licensee with the part occupation
certificate for the said 1st, 2nd and 3rd floors.. Further in the event of the part
occupation certificate for the said 1st, 2nd and 3rd floors of Kamlacharan being
delayed for any reason beyond June 30, 2008 and up to July 15, 2008 then in
that event the Licensee shall be entitled to use and occupy the Licensed
premises without paying any amenitylicense fee or charges whatsoever up to
July 15, 2008..prior to obtaining the Occupation Certificate in respect of the first
three floors of Kamlacharan Building and after the Licensor applies for the final
Occupation Certificate in respect of the first three floors and on completion of the
building with the Amenity Fee in respect of the said premises shall be
Rs.________/- per month.
(b) In the event of the Licensor providing the Licensee with valid
documentation/application for Occupancy certificate made by the Licensor to
M.C.G.M pertaining to the entire building Kamlacharan; then in that event the
Amenity Fee payable by the Licensee to the Licensor shall be Rs. 3,48, 288
(Rupees Three Lacs Forty Eight Thousand Two Hundred and Eighty Eight Only).
This Amenity fee shall be payable commencing from the month subsequent to
the month in which such valid documentation/application has been provided by
the Licensor to Licensee
Provided that such Amenity Fee shall be payable up to the period expiring on
May 14, 2011.
(ii) For the period commencing May 15, 2011 and expiring on May 14, 2013,
the Amenity Fee in respect of the said Premises shall be Rs. 4,10, 925/- (Rupees
Four Lacs Ten Thousand Nine Hundred and Twenty Five only) per month
(iii) The licence amenities fees shall be paid by the LicenseeNew tenant, in
advance, on or before 7th day of every month. The parties have agreed to a
18%___ (eighteeen_____) percent) escalation to the License fee every 3___
(three_____) years that is to say the License fee shall be under:
(a) For the period of the first 24 (twenty four) months commencing from 15th
May____________ 20087 and expiring on ___________ 2009 the Amenity fee
shall be Rs. _________/- (Rupees _______________________ Only) per
month;
(b) From the date that the Licensor applies for the final Occupation Certificate
in respect of the first three floors and on completion of the full building work, the
Amenity Fee shall be Rs._________/- (Rupees __________________ only) per
month;
(bc) For the subsequent period of 24 (twenty four) months commencing from
____________ 201109 and expiring on ___________ 20131 the Amenity fee
shall be Rs. _________/- (Rupees ___________________________ Only) per
month;
(c) For the period of the next 12 (twelve) months commencing from
____________ 2011 and expiring on ___________ 2012 the License fee shall be
Rs. _________/- (Rupees __________________________________ Only) per
month.
(ii) Licensee’s obligation to pay the Amenity fee shall commence from 15th
_____ September May, 20087 i.e expiry of 45 days from the execution hereof
OR from the date of commencement of operations by the Licensee whichever is
earlier.
(iiiv) The Licenseamenity fee payable shall be paid by separate cash heques in
the Landlordfollowing manner
NAME AMOUNT
MR. ____________________ (40%) Rs. _______/-
MRS. ____________________ (30%) Rs. _______/-
MR. ____________________ (10%) Rs. _______/-
MRS. ____________________ (10%) Rs. _______/-
MRS. ____________________ (5%) Rs. _______/-
MS. ____________________ (5%) Rs. _______/-
(v) (iv) The Amenity Fee payable shall be subject to applicable TDS. The
Service tax or any tax in lieu of Service Tax only, if applicable shall be borne and
paid by the Licensee.
5. The LicensorLandlords agrees that the LicenseeNew tenant shall as per the
terms of the said License tenancy Agreement be entitled to use the said
amenities as per the permissions of this agreement. All terms of the said Leave
and License agreementtenancy shall to the extent and mutatis mutandis apply to
this Agreement.
6. The LicensorLandlords agree and confirm, that so long as the LicenseeNew
tenant continues to remain in the occupation of the LicenseTenancy d Premises
as per the provisions of the said LicenseTenancy Agreement, the Licensorsees
shall continue to use the said amenities and the Licensorsees shall be liable to
pay for the said amenities without any claim as to inadequacy or quality of
services continue to provide all maintenance services .and in case, the Licensee
continues to occupy the Licensed Premises beyond termination as per the terms
specified in the said License Agreement being that upon the Licensors being
unable to refund the deposit owed to the Licensors, then in such event, for the
duration of such stay, the Licensee shall not be liable to pay any amount to the
Licensors being the charges as per the terms of the this Agreement to which the
Licensors agrees to and confirms. In the event licensee fails to vacate the said
Premises on the expiry or earlier termination of the said Leave and License
Agreement despite of the Licensor being willing and ready to return the security
deposit amount then the Licensee shall be liable to pay the Licensor double the
amount of Amenity Fee from the date of default till the date of payment.
7. The LicenseeNew tenant shall make regular payments of the amenities fee to
the LicensorLandlords as contained hereinabove.
8.
9.
10.
11. In case of Licensee failing to make the payment of Amenity Fees stated
hereinabove for 3 (Three) consecutiveone months the Licensors shall have a
right to terminate this Agreement after giving a 30 days notice in that behalf and
the breach not being rectified by the Licensee.
12. Notwithstanding anything contained hereinabove, the LicenseeNew tenant
hereby agrees, confirms and undertakes that during the subsistence of the Leave
and LicenseTenancy Agreement simultaneously with this Agreement, the
LicenseeNew tenant shall not, in any manner or for any reason whatsoever, raise
any Objection, Demand or Issue in respect of the amenities agreed to be
provided in this agreement by the LicensorLandlord. and LicenseeNew tenant
further irrevocably undertakes to pay the amount of Rs.
3,10,000___________/Amenity Fee- Lacs per month as stated herein above
without delay or demur on monthly basis on or before 7 th day of every month in
advance during the subsistence of this Agreement. In case the LicenseeNew
tenant raises any Issue, Objection or Claim in respect of or related to the
amenities and failing to make the payment of Amenity Fees stated hereinabove
for 3 (Three) consecutiveone months agreed to be provided by the
LicensorLandlord or payment of the Amenities feess agreed hereinabove, the
LicensorLandlord shall have the right to terminate this agreement by giving a 30
days notice to the LicenseeNew tenant and in such case the LicenseeNew tenant
shall vacate the premises and hand over the possession of the same to the
LicensorLandlord subject to the receipt of the deposit amount as mentioned in
the Leave and LicenseTenancy Agreement. Similarly notwithstanding anything
contained herein, in the event of the part occupation certificate for the said 1 st,
2nd and 3rd floors of Kamlacharan not being provided to the Licensee by July 15,
2008 then in that event the Licensee shall be entitled to cancel this Amenity
Agreement with 7 (seven) days prior written notice. However, it is expressly
agreed that if the Licensee wishes to continue with the Leave and License
Agreement, the License is not permitted to terminate this Agreement, as it is the
express intention of the parties that the Leave and License Agreement shall be
co-extensive and co-terminus.
13.
14.
It is further agreed that this clause and the contents mentioned therein shall
bind the LicenseeNew tenant and LicensorLandlords irrespective of any other
agreement or writing executed and agreed between the parties and the liability
of payment of the amount mentioned in this agreement shall be undisputed.
ANNEXURE “A”
(Details of the facilities/amenities)
1/aa_ap