Redevelopment condition by deveoper who is also landowner
hetalsangoi
(Querist) 02 November 2014
This query is : Resolved
Below point are incorporated in permanent alternate accommodation agreement are as :
Query relating to serial no are mentioned earlier para start .
fact :
building is purchased by the developer who are the also landlord .building is redeveloped under repair cess under BR and BNR category . THIS Property falls under crz .kinldy suggest the main clause to check in the agreement . we have asked for the bank guranttee clause . Landowner \developer has responded that they are not dealt with bankers . they are depend on fund from outside than bank .
1.(please suggest the change in this para, since this para imp for vacant condition to tenanat ) they shall before requiring the Tenant/Occupant to vacate the said Existing Premises give inspection to him of the sanctioned plans, and require him to vacate the Existing Premises only after receipt of IOD; they will also furnish a copy of the sanctioned building plans to the Architect appointed by the Tenants/Occupants (jointly) and the fees of the Advocate and Architect shall be paid by the Landlords/Developers directly. The Tenant / Occupant shall vacate the Existing Premises within [■] months of receipt of the IOD,
2.
)(we have asked to mention the date in this clause but he denied to do ) they will subject to force majeure hand over possession to the Tenant/Occupant his new Permanent Alternate Accommodation Premises within. 33__months from the date of obtaining Commencement Certificate, In the event the Landlords/Promoters/Developers are not in a position to offer to the members the new flats in the new buildings with Occupancy Certificate by the date of completion of the re-development project, being 33 (thirty three) months as contemplated herein, then at least 3 (Three) months prior to the expiry of the period of 33 (thirty three) months, the Developer shall inform the members the additional time required by the Developer to complete the re-development after the expiry of period of 33 (thirty three) months.
3. developer is not ready to mention beow detail i agreement . he said it is irrelevant to incorporate since we are the owner as well as the developer .
1.CONDITIONS PRECEDENT
To be fulfilled by Landlords/Promoters/Developers:
(i) The Landlords/Promoters/Developers shall submit the layout and typical floor plans, annexed hereto as Annexure ___ to the MCGM for its approval. If the MCGM requires any amendments or modification to the layout plan and/or the building plan, such modifications and amendments shall be carried out by the Landlords/Promoters/Developers after obtaining the prior written consent of the Society, and obtain from the MCGM approval/sanctions to the layout plan and the building plan (“the Sanctioned Plans”) and the IOD on the basis of ____ FSI only and submit to the Society immediately upon receipt certified copies of the Sanctioned Plans, IOD, Development Rights certificates for utilisation of TDR if any to the said Society.
(ii) Within two months from the date of issuance of the Sanctioned Plans and IOD, the Landlords/Promoters/Developers shall at its own cost and expenses satisfy and comply with the requisite terms and conditions of the IOD and shall apply to and obtain from the MCGM the commencement certificate (“the Commencement Certificate”) for the commencement of the development of the said Property.
4. for below undertaking , builder is not ready to state in agreement
. THE DEVELOPER’S UNDERTAKINGS
The Landlords/Promoters/Developers hereby agree and undertake with the Tenant/ Occupant as follows:-
(i) To carry out all work of construction and redevelopment in accordance with:-
(a) the terms and conditions of this agreement;
(b) the provisions of Mumbai Municipal Corporation Act, 1888
(c) the D C Regulations;
(d) any other law for the time being in force; and
(ii) Not to do or omit to be done any acts, deeds, matters or things which would:-
(a) constitute a breach, contravention or non compliance of the terms of this Agreement or any laws or statutory rules and regulations for the time being in force; or
(b) render the Tenant/ Occupant responsible or liable under any of the undertakings, indemnities, affidavits, writings etc. hereafter signed, filed and submitted to the MCGM, MHADA and other concerned authorities in respect of the said property and the redevelopment thereof.
(iii) To indemnify and keep indemnified and save harmless the Tenant/ Occupant and their respective heirs, executors, administrators and permitted assigns against all actions, costs, charges, expenses, damages, and losses resulting on account of any act or omission or breach or default on the part of the Landlords/Promoters/Developers while developing the said Property and of any applicable laws, rules and regulations, terms and conditions in respect of the development of the said property.
(iv) The Landlords/Promoters/Developers shall not create any lien/ mortgage on the property in any manner whatsoever.
5.
("In addition to the monthly Permanent Alternate Accommodation Premises compensation mentioned under clause 5 above " to put this addtions words , he is denied ) in below para
In addition to the monthly Permanent Alternate Accommodation Premises compensation mentioned under clause 5 above, the Landlords/Promoters/Developers shall pay Rs.1,75,000 /- (Rupees One Lac Seventy Five Thousand only) to the Residential Tenant/Occupant towards corpus fund on account of shifting and to meet enhance accommodation charges, property taxes of the permanent alternate accommodation the said amount of corpus fund shall be paid to the Tenant/Occupant simultaneously with handing over possession of the Permanent Alternate Accommodation Premises. However after obtaining the Occupation certificate and handing over the Permanent Alternate Accomodation to the Tenant/Occupant the Landlord/Developers and the Tenant/Occupant shall review the then existing expenses of BMC Assesment Tax, Electricity expense for staircase light and lift, Security Guard expenses,and sweeper charges,and in such an event if both parties decide that the existing corpus needs to be enhanced ,then the same shall be done by mutual discussion and agreement.
6.
(is below para safe gurad the tenant . if not , how risk is involved ? pl this is v im p query , pl guide as much as detail you can provide.)
i. the Tenant/Occupant will continue to pay rent to the Landlords/Promoters/Developers till the time he is allotted the Permanent Alternate Accommodation Premises; on being offered possession of the Permanent Alternate Accommodation Premises, the Tenant/Occupant will become liable to pay the applicable Municipal taxes, cess and charges payable in respect of his proportionate share of the said property,
7. is it ok?
s. he shall not apply for or accept any Transit Accommodation provided/allotted by MHADA or any such authority on the basis of this development scheme ,which shall in future create any financial or technical hurdle for the Landlord/Promoters/Developers in obtaining final NOC from MHADA,
8. (Below permission from authority is require , that we know , but our builder said that all this condition are alredy comes with in Noc , SO THERE IS NO NEED TO INCORPORATE NOW . HE ALSO SAID THAT BUILDER ARE GOING UNDER Intantive proposal ) . in this how we have to conveyance ? is any noc is left in below list ?
The Landlords/Promoters/Developers shall be responsible to obtain all the necessary approvals from The Municipal Corporation of Greater Mumbai and all other statutory and Government offices and departments which will include:
a) Development Planning Remark or Town Planning Remark: MCGM (Dev. Dept.)
b) Survey of the entire plot with regards to the area and topography of the plot, existing plot boundary and existing structures (Developer’s Architect)
c) Intimation of Disapproval (IOD): MCGM
d) Property Tax Assessment NOC: MCGM (Assessment Department)
e) Hydraulic Engineer No Objection Certificate: MCGM (Hydraulic Department)
f) Storm Water Drainage No Objection Certificate: MCGM
g) Sewerage No Objection Certificate: MCGM
h) Traffic Deptt. of Municipal Corporation of Greater Mumbai No Objection Certificate: MCGM
i) Urban Land Ceiling NOC: Competent Authority in Collector's Office
j) Tree No Objection Certificate: MCGM (Tree Authority)
k) Non-Agricultural Permission: Collector's Office
l) Civil Aviation No Objection Certificate: Airport Authority of India
m) Pest Control No Objection Certificate: MCGM (PCO)
n) MTNL No Objection Certificate: MTNL
o) Chief Fire Officer's No Objection Certificate: Fire Department Office
p) Commencement Certificate: MCGM
q) Lift Inspection No Objection Certificate:Inspector of Lifts, PW
r) Occupation Certificate (OC):MCGM
s) .Water Connection Certificate under section 270A:MCGM
t) Drainage Completion Certificate:MCGM (Water Department)
u) Building Completion Certificate (BCC):MCGM
v) TDR Loading:MCGM
w) Building Demolition Work: Contractor appointed for demolition work
x) Soil Testing Report: The Concerned Laboratory
The Landlords/Promoters/Developers shall provide the Tenant/Occupant with all the listed certificates once the redevelopment of the property is completed and the occupancy certificate is issued by MCGM to rehouse the members.
9. (not ready to incorporate in below agreement by builder , how is importance )
The Landlords/Promoters/Developers shall be solely responsible for the payment of all benefits to its employees, such as provident fund, bonus, retrenchment compensation, etc., applicable as per the various Statutory Regulations. Any increase due to changes in the Statutory Regulations till the completion of the Project shall be borne by the Landlords/Promoters/Developers . The Landlords/Promoters/Developers shall comply with all applicable labour regulations prevailing in the State of Maharashtra. The Landlords/Promoters/Developers shall immediately inform the Tenant/Occupant about any labour disputes that have arisen and the steps taken by the Landlords/Promoters/Developers in that connection.
(xv) The Landlords/Promoters/Developers shall be responsible for the conduct of its personnel including but not limited to the following:
i. Maintaining order and discipline on site.
ii. Compliance of the Regulations applicable on site, in particular Site Regulations, Safety and Accident Prevention Regulations.
iii. Compliance with all statutory labour laws
iv. Use of all measures available for preventing unrest and labour disputes among his personnel and ensuring immediate settlement of disputes.
v. Fulfillment of all contractual obligations by the personnel working for the Landlords/Promoters/Developers regarding their services and the exercising of skill and care.
vi. Observing and respecting special customs and practices prevailing at the location of the site.
vii. The ready availability of all permits required for its services, e.g. shift work, Sunday/Holiday and overtime work permits.
viii. The provision and maintenance at its own cost of a creche for the children of its construction labour.
(xvi) The Landlords/Promoters/Developers shall at its cost ensure that areas around the Site are maintained, kept clean, free from debris and scrap materials. Excavated earth must also be neatly stacked in locations indicated to the Landlords/Promoters/Developers by the Engineer of the Tenant/Occupant.
(xvii) The Landlords/Promoters/Developers shall provide and maintain at its own cost an adequate number of portable fire extinguishers in its Site offices, stores and areas where welding/gas cutting is to be carried out.
10 :builder is not ready to incorporate this . he reasons that we alrady bearing the rent to tenants. it is loss to us if project get delay .
In the event the Landlords/Promoters/Developers are unable to complete the project within the specified timelines, the Landlords/Promoters/Developers shall be liable to pay [__] amount as compensation for each additional day. It is clarified that this Agreement shall not be terminable at the instance of the Landlords/Promoters/Developers.
kindly suggest your expertise on above points . it will be great help to our all tenants .
ajay sethi
(Expert) 02 November 2014
you need to contact a local lawyer . pay his consultation fees and get clauses re drafted .
Rajendra K Goyal
(Expert) 02 November 2014
Consult a local lawyer and show him all the documents.
hetalsangoi
(Querist) 03 November 2014
pl help me by way of express your opinion
T. Kalaiselvan, Advocate
(Expert) 06 November 2014
You may have to take the help of your own lawyer or some other lawyer in person in local for further issues.
