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COLLOBRATION / DEVELOPMENT AGREEMENT

This Collaboration Agreement is made and executed at ... on this . day
of .... 2012
by
..hereinafter called the first
party"(hich expression shall unless repugnant to la or expressly excluded by the
context be deemed to mean and include the said !"#$T %A#T& ' ()*+# his'her'their
heirs, successors, legal representati-es, assignees, administrators, nominees,
executors, sur-i-ors etc.. of the one part
And ' /eteen
.. (hich expression shall unless
repugnant to la or expressly excluded by the context be deemed to mean and include
the said $+C(*0 %A#T& ' 0+1+2(%+# ' /3"20+#, his'her'their heirs, successors,
legal representati-es, administrators, assignees, nominees, executors, sur-i-ors etc.. of
the other part.
)hereas the first party is'are the right full'absolute oner and in possession of
#esidential 4ouse no. 1515, admeasuring 167.18 $9.:trs. (2;<.60 $9.&ards. ha-ing its
co-ered area 1500 s9.feet. situated in the residential Colony =non as 02! City (earlier
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=non as >utab +ncla-e Complex. (%resently =non as 02! City., %hase ? "1, in and
around 1illage Cha==arpur, Tehsil and 0istt. @urgaon, 4aryana (hereinafter called the
said property. The %roperty is bounded as under A B
+A$T A %lot no. 1518
)+$T A (thers 2and
*(#T4 A 6:trs. )ide #oad
$(3T4 A %ar=
by ay of 1asi=a no. . dated registered in the office of $ubB
#egistrar @rugaon (hereinafter called the $aid %roperty.
And hereas after ac9uiring the said property the builder ant to construct a residential
building on the said property ith his on funds and resources (the said property
hereinafter collecti-ely referred as CT4+ %#(%+#T&. hich expression shall include all
impro-ements, additions and alteration subse9uently made therein on thereto.
And )hereas the oner has represented D held out that the oner of the said property
hich is self ac9uired property of the oner and the oner has full rights, absolute
authority to sell, collaborate, dispose off and transfer the same in hole or in parts and
none else except the oner has any right, title or interest in the said property.
And hereas the oner is destroy of getting the said property de-elopment constructed
and due to financial constraints and lac= of experience in construction ha-e therefore,
approached the builder to de-elop the said property for and on behalf of the oner at
builderEs cost.
And hereas the builder is engaged in the business of promotion, de-elopment and
construction of real estate and are ell established in the business.
And hereas the oner has represented that the said property is free from all sorts of
encumbrances and except the oner, no other person has rights, title or interest in the
said property in any manner hatsoe-er and the oner has full poer and authority to
sell and transfer the said property and to enter into this agreement. That if there is any
=ind of problem in the abo-e said property then the first party is fully liable to pay the
damages.
That the oner hereby further assures, represents and con-ents ith the builder as
follosA
That the said property is free from all =ind of encumbrances such as prior sale,
gift, mortgage, disputes, litigation, ac9uisition, re9uisition, attachments in the
decree of any court, lien court inFection, notices, claims, demands, ill, Trust,
+xchange, lease 2oan, $urety, $ecurity, $tay order, prior Agreement to $ell etc.
That if there in any problem raised by the family members of the first party or the
neighbors so the first party is responsible for that.
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That there is no order or attachments by the "ncome Tax Authorities or any other
authorities under la for the time being in force or by any other authority not any
notice of ac9uisition or re9uisition has been recei-ed in respect of the said
property.
That there is no legal impediment or bar hereby the oner can be pre-ented
from selling, transferring or entering into any contract ith any person or persons.
That the said property is not subFect matter of any 43! and that any minor ons
no part of the said property.
That there is no reser-ation the said property and the property falls ithin the
residential Gone and there are no impediments in caring out construction thereon.
That in case any of the representation'assurances made by the oner is found to be
untrue and'or if the hole or any portion of the said builderEs Allocation (fully described
belo. is e-er ta=en aay or goes out from the possession of the /uilder on account of
any legal defect in the onership and title of the oner, then the oner ill be liable and
responsible to ma=e good the loss suffered by the /uilder and shall =eep the /uilder
sa-ed harmless and indemnified against all such cost, damages, losses, suffered by the
builder, from his portion both mo-eable and immo-eable.
And )hereas the oner and the builder ha-e agreed to de-elop, construct and build the
fresh building on the said property, hence this agreement has been mutually entered and
executed beteen the oner and the builder, on the terms and conditions, appearing
hereinafter.
A*0 )hereas the (ner is desirous of erection of a super structure comprising of the
basement, ground floor, first floor, second floor and terrace, according to the plans hich
may be got sanctioned from competent Authority in this regard but is not fully e9uipped
to do so and has therefore approached the 0e-eloper hich on being assured by the
(ner that the said property is free from all sorts of encumbrances, attachments,
charges, legal flas, claims, demands, dues, notices, religious or family disputes, etc.,
and that the said property is selfBac9uired property, has agreed to cooperate ith the
(ner for construction of a super structure on the land beneath the said property, on the
terms and conditions that are set forth hereinafter.
*o this 0eed )itnesseth as follos A
1. That the 0e-elopers ha-e agreed to pay a sum of #s. 25,00,000'B (#upees
Tenty !i-e 2ac only. as interest free refundable security for due performance of
the terms of this agreement and successBful completion of the proFect. 4oe-er,
50H of %aid up security amount shall be refunded upon on erection of $tructure
and balance 50H shall be refunded on receipt of completion certificate and'or
final hando-er of the building. The 0e-eloper has agreed to raise the
superstructure of basement, ground floor, first floor, second floor and ; ser-ant
9uarters on the rooftop on the land beneath the said property according to the
building plans mutually agreed upon beteen the (ner and the 0e-elopers
hich may be sanctioned from the competent authority.
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The said sum shall be paid in the folloing manner A
That a sum of #s. 25,00,000'B (#upees Tenty !i-e 2ac only. shall be paid at
the time of signing the agreement by the 0e-eloper to the (ner in the folloing
mode and the (ner ' The !irst %arty hereby ac=noledges the receipt of the
same.
:ode Amount Ch. *o. 0ated 0ran on
. . ..
. . ..
. . ..
2. "f the 0e-eloper defaults to perform as per this agreement terms and condition,
the oner ill be entitle to terminate the agreement and forfeit all money paid to
oner as a security.
;. That the (ner shall sign the necessary documents to enable the 0e-eloper to
obtain all necessary permissions and sanctions as may be re9uired.
8. That the (ner has executed attorney(s. by separate documents in fa-our of the
0e-eloper for submitting the applications, re9uisitions to the -arious authorities
for obtaining permission, appro-als, sanctions, allotment of building or other
materials and concerning other matters re9uired statutorily to be done and
re9uired in connection ith the construction and completion of the said delling
units'floors on the said property. 4oe-er the 0e-elopers underta=e not to cause
to be done any act deed or thing hich may in any ay misuse, contra-ene any
rule, la or regulation or to misuse the poers hich may be conferred upon the
0e-elopers by the (ner to construct super structure as stated herein abo-e on
the land beneath the said building as per agreement.
5. That in the meantime till such sanctions and permissions are forthcoming, the
0e-elopers shall ha-e the suitable plans prepared for the proposed residential
building at their cost and the concurrence of the (ner shall be obtained ith
regards to final submission of plans.
<. That the structure constructed thereon shall be demolished by the de-eloper
after obtaining proper permission from 430A or other competent authority,
de-eloper assuring that no harm ill be made to adFoining properties and proper
life and safety measures ill be ta=en care, hoe-er entire responsibility lies ith
the de-eloper for any misBhappening. and the scraps such us steel rods, bric=s,
cho=hat, indos, and electrical fittings etc. if any, shall be disposed off by the
de-eloper at their on cost hoe-er the oner ha-e no claim ' interest
hatsoe-er in the same. 4oe-er the structure has already been seen earlier by
the de-eloper and shall be handedo-er to the de-eloper ithin 10days from the
date of this agreement.
I. That the entire cost of construction of the ne building including cost of material,
labour and the charges for time extension for construction from 430A on abo-e
said plot and expenses for clearance from 3rban 2and Act and fee of the
architect and others charges shall be borne and paid by the 0e-eloper.
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7. That the oner and the builder shall ha-e proportionate rights in all common
entrances passage, staircase, and all other common facilities and amenities
pro-ide in the proposed building.
6. That the builder shall engage and employ an architect or architect of repute at its
on costs, expenses and responsibilities for preparation construction and
completing the said building on the said property.
10. That the construction shall be that of specifications, detailed and described in
Annexure 1 attached hereto. That the 0e-elopers shall utilise the full !.A.#.
a-ailable in respect of the property to be de-eloped and construct all the ; floors
ith e9ual !A#, also construction seems 'appears'9uality shall be comparable
ith sample apartment of *o-ell builder floor, at -ipul orld, $ohna #oad,
@urgaon, and also the pro-ision in the /uilding for lift shall be pro-ided by the
de-eloper for future installation.
11. That the property':unicipal'4ouse Tax' )ater bill ' 04/1*2 bills etc. till the
execution of this Agreement shall be payable by the (ner. 4oe-er, any such
taxes'bills payable thereafter shall be the borne by the 0e-eloper uptill receipt of
Completion Certificate ' completion of building in all respects.
12 That the (ner shall permits the 0e-eloper to enter in the said property ith full
right and authority to commence, carry on and complete de-elopment thereof, in
accordance ith the permission D terms herein mentioned. That the said
permission to de-elop the property ill be personal to the 0e-eloper and under
no circumstance the 0e-eloper ill assign his title, right and interest to any other
party, except ith the prior ritten consent of the (ner. 4oe-er the 0e-eloper
shall be entitled to enter into separate contracts in his on name ith building
contractor, architect and others for carrying out the de-elopment at his on ris=
and costs.
1;. That the delling units proposed to be constructed by the 0e-eloper shall be
oned and possessed by the parties exclusi-ely as under A
That the (ner shall on and possess /asement (ith Toilet., @round floor
and $econd !loor and Terrace ith 2 ser-ant 9uarter ith toilet on the rooftop
That the 0e-eloper shall on and possess !irst !loor, and 1 ser-ant 9uarter
ith attached toilet on the rooftop of the said property. And other then "nterest
!ree $ecurity 0eposit, The oner ' The !irst %arty shall pay a sum of
#s. 20,00,000'B (#upees Tenty 2ac (nly. to the 0e-eloper ' The $econd
%arty on successful completion of /uilding and'or at the time of !inal
hando-er of possession to the (ner ' The !irst %arty.
18. That "t is hereby specifically mentioned that the parties hereto shall be free to sell
transfer and'or mortgage, assign or part ith the possession of their respecti-e
portions at their on ris= and account ithout any obFection from the other party
and to recei-e, accept any consideration, money in regards to abo-e property
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and to issue receipt of full or partial payment. +ach party shall ha-e rights to
negotiate his respecti-e portion ith common facilities to any intending
purchaser. 4oe-er, the $ale 0eed shall be executed after successful
completion of building in all respect, in fa-our of the 0e-eloper and'or
his'her'their nominee(s. ' intending purchaser(s..
15. That the (ner agrees to execute, sign and deli-er the document hich might be
re9uired for con-eying 0e-eloper $hare i.e. first floor along ith (1 $er-ant
>uarter attached toilet on rooftop. of the said property in fa-our of the intending
purchaser(s. or nominee of 0e-eloper as a confirming party
1<. "t is hereby specifically mentioned and agreed that the (ner shall not claim any
remuneration for execution of the aforesaid documents and all the expenses
hatsoe-er for the transfer of the 0e-eloperEs share to the intending purchase in
said property shall be borne and paid by the 0e-eloper'his nominee(s.'intending
purchaser(s..
1I. That the building shall be completed and finished in all respects ithin 12 months
from the sanction of building plans by the 430A and'or concerning authority,
expect for reasons beyond second partyEs control such as stri=es, ar, riots and
natural calamities and due to any unforeseen circumstances li=e drastic changes
in las and hindrance caused by concerned authorities 430A etc...
17 That "f the 0e-eloper fails to complete building and fails to deli-er basement,
@!,!!,$! and Terrace completed in all respect ithin stipulated period of 12
months from the date of sanction of /uilding %lans by 430A and'or concerning
Authority, then 0e-eloper shall be liable to gi-e a sum of #s. 2,00,000'B (#upees
To 2acs only. per month to the !irst %arty as compensation penalty.
16. That except as herein before pro-ided, the (ner shall not interfere ith or
obstruct in any manner ith the construction of or= for the said residential flats.
4oe-er the (ner or his nominee or nominees shall ha-e free hand and
unfettered access to the construction site at all reasonable time and he shall be
free to point out to the 0e-eloper or their agents, subcontractors or
administrators and the 0e-eloper shall rectify such defecti-e construction,
or=manship or use of inferior materials.
20. That this agreement shall not to be deemed to constitute a partnership beteen
the (ner and the 0e-eloper or an agreement for sale of the plot by the (ner
to the 0e-eloper and shall not be deemed to bind the parties hereto expect
specifically recorded herein. The 0e-eloper shall solely be liable and responsible
for any liability in connection ith the construction of delling units in the land
beneath the said building. The (ner and the 0e-eloper shall be solely
responsible from the date of possession i.e successful completion ' 4andBo-er
for -arious expenses, taxes such as ater charges, property tax, electric bills in
respect of respecti-e portions as mentioned aforesaid.
21. That "n case there is any accident in the aforesaid construction proFect, the
0e-eloper shall be fully responsible for all the conse9uences of the same under
the )or=men Compensation Act or any other acts in force. "f the (ner is
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ordered to attend a court or is re9uested or his presence is re9uired by any other
authority in this connection, he ill empoer the 0e-elopers to attend the
court'authority concerned on his behalf and the 0e-eloper agrees to compensate
the (ner fully in case an ad-erse order is passed or any compensation is
ordered to be paid by the (ner by any court, Fudicial authority or any other
competent authority.
22. That all costs of stamping, engrossing and registration of this agreement and any
other paper relating to this agreement shall be borne by the 0e-eloper.
2;. That during the course of construction all building materials and e9uipment used
or to be used shall remain at the 0e-eloperEs ris= and the 0e-eloper shall not be
entitled to any compensation from the first party for any damages, loss or
destruction of such or=s or material or e9uipment arising from the any cause
hatsoe-er.
28. "f until the completion of building any case damage or harm occurs to the
adFourning properties, neighbors, the 0e-eloper shall be fully responsible for all
the conse9uences.
25. That the (ner has declared and assured the 0e-eloper that property is free
from all sorts of encumbrances, i.e., mortgage, charges, gifts, ills, exchanges,
attachments, inFunction notice prior agreement to sell'collaboration agreement
and shall also =eep the property free from all sorts of emcumbrances till the
completion of the building, sharing of the respecti-e portions in the ne building
and registration of their respecti-e portions.
)hatsoe-er if it ill be e-er pro-ed otherise, first party shall be liable and
responsible for ma=ing good all losses, hich may be suffered incurred,
undergone and sustained all by the 0e-eloper as a result thereof.
2<. That no change modification or alterations to this agreement shall be done
ithout the ritten consent of the (ner and 0e-eloper. The parties hereto
underta=es not to contra-ene any of the terms of this agreement.
2I. That the 0e-eloper shall be responsible for any e-entuality or conse9uences
arising out of the structural defects. Appropriate remedial measures to rectify
such defects or remo-e such irregularities at the earliest shall be ta=en. The
0e-eloper shall also apply and obtain the CD0 forms, electricity, ater and se-er
connections, etc., from the competent authority'authorities concerned at his cost.
27. That as and hen house tax gets assessed during construction phase, the
0e-eloper underta=es to pay for his'her'their portion as specified hereinabo-e.
26. That the (ner shall hand o-er all the photocopies of the property documents to
the 0e-eloper at the time of execution of this collaboration agreement. The same
shall be returned bac= to the (ner on completion of the construction and
possession of the 0e-eloperEs portion to him.
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"* )"T*+$$ )4+#+(!, the parties hereto ha-e set their respecti-e hands on these
presents on the date, month and year hereinabo-e first mentioned. "n the presence of
the folloing itnesses A
)"T*+$$+$
1.
.son of $hri
.. ife of .
The First Party/ Owner(s
2.
!"#in$er %in#h son of $hri :aha-ir $ingh
Girish %har&a son of $hri $hi- Jumar $harma
The %e'"n$ Party / De(e)"*er / B+i)$er