Jv Agreement Sample

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    JOINT VENTURE AND DEVELOPMENT AGREEMENT

    This development agreement entered at Chennai on this the 2012.

    BETWEEN

    Mr. Land Owner aged year, Son of, residing at No:. Hereinafter called the OWNER

    which expression and term shall, unless, repugnant to the context or meaning thereof,

    include his heirs, legal representatives, executors and assigns of the FIRST PART :

    AND

    M/S.RealAgentIndia, represented by its Proprietor Mrs. Vaanisree.s, aged about

    26 years, wife of Mr. J.Prabhakaran, office at No.297, Nethaji Street, Agaramthen, Meppedu

    Post, Chennai- 600 073, Branch Off: 285, Velachery Main Raod, Chennai-600073.

    ereina ter alle t e PROMOTERwhich expression land term shall, unless repugnant to

    the context or meaning thereof, include its successors, assigns, executors, administrators,

    and legal heirs, of SECOND PART.

    ..2..

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    ..2..

    WHEREAS the FIRST PART is the sole and absolute owner of the land and building,

    bearing ress. measuring an extent of sq.ft land Mot er Do ent Details

    WERE t e OWNERherein ever since the date of purchase has been in continuous

    possession and occupation of the schedule mentioned property without any let hindrance from

    any person whomsoever in any manner whatsoever.

    WHEREAS the OWNER erein esiro s o e elo in s e le entione ro ert

    constructing residential flat over it.

    W ereas in rs an e o t e a o e t e OWNER as a roa e t ePROMOTER

    herein and requested it to assist his in the development of the schedule mentioned property

    and also requested to construct a residential flat over the same consisting of individual

    dwelling flats.

    WERE t e OWNER as ass re t e PROMOTER t at e is t e sole an

    absolute owner of the schedule mentioned property and no other person or entity has any

    interest whatsoever in the said property. Based on the assurances and representations of the

    OWNER t e PROMOTER as a ree to e elo t e s e le entione ro ert s

    the following terms and conditions.

    NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

    1. In consideration of the aforesaid and in consideration of the developer agreeing to

    develop the schedule mentioned property.

    2. T e OWNER s all a e50 i e o ilt area as is s are an t e PROMOTER

    shall have 50% the balance build up area of the project as per working plan as his

    share owned by promoter after obtaining building plan approval.3. The PROMOTER will pay a Refundable Deposit or Non Refundable Deposit sum

    of Rs. /- (Rupees only) to land owner.

    4. T e OWNER n erta es to on e to t e PROMOTER or is noinees o reainin

    onstr te area elon in to t e PROMOTER T e OWNER or is oer a ent

    shall have the right to convey the proportionate share of the undivided share of land, of

    t e PROMOTER t ro a sale ee s alon it t e PROMOTER to is

    nominee(s).

    5. T e OWNER ass res t at t e title to t e ro ert is ni ea a le an t ere are

    factors affecting the title of the owner to the Schedule property and has paid all taxes

    and other dues in respect of the same till date.

    6. T e PROMOTER o enants t at t e entire ost o onstr tion o t e il in t

    ere te o er t e s e le ro ert s all e orne t e PROMOTER

    7. T e PROMOTER rt er o enants t at all ees a a le to te Architects, lawyers,

    Engineers and independent Contracts in respect of the Development and any other

    levies, charges and deposits required to be paid for the purpose of obtaining licenses,

    sanctions and for construction over the schedule property shall be borne by the

    PROMOTER

    8.

    T e OWNER a rees an n erta es to e e te ale Deeor Power of Attroney for the

    sai e tent allotte to t e PROMOTER in t e s e le ro ertas mentioned in

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    Schedule C in a o r o t e PROMOTER or its noinees in s undivided shares

    as an en alle on to o so t e PROMOTER

    9. The Stamp Duty and registration charge in respect of the extents to be conveyed in

    res e t o t e PROMOTER s are s all e orne t e PROMOTER or its noinees

    10. n e ent o t e

    OWNER ein esiro s o an o i i ation in re ar to an

    specification / amenities in his portion of the built up area in the proposed building, the

    sae s all e arrie o t t e PROMOTER at t e e tra to e ai t e o ner

    11. T e O ners s are o iltup area during the process of construction and after the

    sae is onstr te an eli ere s all e t e a sol te ro ert o t e OWNER an

    he shall be entitled to deal with the same independently in any manner deemed fit by

    him, further the owner shall be liable to pay all taxes, Patta charges and statutory levies

    in respect of the same subsequent to taking possession of his share in the constructed

    area as well as the undivided share in the land retained by her.

    12.

    T e PROMOTER s allbe entitled to deal on its own account and for its own benefit,

    its own share of built-up area in the proposed building.

    13. T e PROMOTER ass res to a l or t e re ire erissions san tions an ot

    approvals for putting up the construction over the Schedule property. The

    PROMOTER ass res to se alit aterials

    14. T e PROMOTER s all oen e t e or o onstr tion ie iatel a ter

    obtaining approval of plans by Chennai Metropolitan Development Authority,

    Corporation of Chennai and other authorities. The project shall be completed within 12

    months time from the date of obtaining Plan Sanction from the relevant Authorities,

    subject however to Force Major circumstances or in event of circumstances beyond the

    ontrol o t e PROMOTER. The time is the essence of this Agreement.

    15. The style and nature of construction and the materials used shall be at the sole

    is retion o t e PROMOTER o s all e entitle to a oint its o n r ite ts

    Engineers, Contractors, Sub-Contractors, workmen of all types all other personnel for

    onstr tion an o letion o t e il in to e onstr te t e PROMOTER

    16. T e OWNER s all ee t e PROMOTER llindemnified and harmless against all

    costs or claims, action or proceedings loss or liability, including any objection / claim if

    an arisin a ainst t e PROMOTER in res e t o an e e t in title to t e ro ert o

    the owner or any claim by way of existing mortgage / charge / lease / tenancy, license,

    Patta trust, maintenance or otherwise.

    17. The Owner shall simultaneous to the execution of this Agreement, execute and register

    a eneral Poer o ttorne in a o r o t e PROMOTER or t e noinees o te

    PROMOTER to ena le t e PROMOTER to a roa t e or oration o ennai

    C.D.M.A., CMWSSB & T.N.E.B. and all other municipal authorities for obtaining all

    licenses, approvals and clearance for obtaining approval of plans and for erecting

    superstructure over the schedule property.

    18.

    The Parties shall co-operate with each other and do all reasonable acts, deeds and

    things as may be required by the other to successfully complete the development of the

    e le ro ert an t e OWNER a rees to si n an e e te ne essar a li ations

    a ers o ents ee s an t in s as t e PROMOTER a re ire ro tie to

    time in order to le all an e e ti el est in t e PROMOTER or its noinee s title in

    the Schedule A property.

    19. The name of the Project shall be by ----- an s all not e an e in an

    circumstances and the said name is to be incorporated in all Agreements to be entered

    into with the prospective purchasers.

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    20. T e PROMOTER s all e res onsi le or an aa e or in r or loss a se to a

    person in the course of putting up the construction or undertaking or completing the

    project.

    21. In the event of any dispute or difference arising between the parties in regard to this

    Agreement or the development of the Schedule property, they shall endeavor to settlethe same by mutual negotiation / discussions. In the event of their being unable to

    arrive at a mutually agreeable solution, they shall refer such dispute / difference to

    arbitration. The decision of the Arbitrator shall be final and binding on the parties. The

    Venue of Arbitration shall be Chennai City. The said Arbitrator shall appointed by

    mutual consent.

    22. It is hereby further agreed, declared and confirmed between the parties hereto that this

    Agreement is irrevocable. Either party shall be entitled to specific performance by the

    other in case there is any breach of any of the terms and conditions or this Agreement.

    23.

    The Owner shall execute a General Power of Attorney in favour of the promoter to sell

    aa t e Prooters s are in t e ilt area a ter o letion o t e onstr tio

    also after hand over the share of the owner.

    24. The OWNER and PROMOTER has agreed to construct 5 flats , with 1 Flat at Ground

    floor , 2 flats in the First Floor and 2 Flats in the Second floor with 5 Carparking as per

    the construction details more fully described in the SCHEDULE B and detail

    specification in SCHEDULE C below and the rough plan attached herewith.

    25. As specified in the Construction details, the total area of sq.ft with approximate

    construction area of sq.ft to be built as mutually agreed. (inclusive of common area and

    car parking), whereas the first part gets sq.ft of buildup area with UDS of sq.ft to be

    retained as PLOTS (F1, F2) and remaining with UDS share of sq.ft to be sold @ rate of

    Rs./sq.ft of total Rs. paid to First Part by Second Part as mutually agreed. The

    remaining undivided share of about sq.f t UDS with sq.ft of Saleable area (inclusive of

    common area and car parking), shall be of the builder of the party of the SECOND

    PART, whereas Second part will retain PLOTS (S1, S2) with Sq.ft to be sold @ rate of

    Rs./sq.ft of total Rs. and paid to by selling G1 flat as mutually agreed.

    SCHEDULE A

    ite n o

    BOUNDED ON THE

    NORTH EAST BY :

    SOUTH WEST BY :

    SOUTH EAST BY :

    NORTH WEST BY :

    MEASURING ON THE

    NORTH EAST BY :

    SOUTH WEST BY :

    SOUTH EAST BY :

    NORTH WEST BY :

    Total Extent : square feet

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    SCHEDULE B

    Construction Details

    Floor Plan Details

    SCHEDULE C

    Detail info on Specification

    STRUCTURE:

    Column Pillar Foundation with R.C.C. beams, Roof Slabs, etc as per Structural Engineers Design (Thermo Mechanically Treated-TMT

    Steel

    ISI Certified) All outer walls will be Double Brick Work in c.m.1:5 of 9 Wall thickness.

    All inner walls will be Single Brick Work in c.m.1:4 of 4.5 Wall thickness.

    Casting Foundation/ Footings/ Plinth Beams/ Columns /Roof beams/ Roof Slabs ISI Standard 53 Grade Cement will be used ( ISI

    Certified)

    For Brickwork & Plastering ISI Standard 53 or 43 Grade cement will be used. ( ISI Certified)

    WALL FINISHES:

    Internal walls will be finished with cement plaster with two coat putty finish and premium emulsion paint.

    Exterior faces of the building will be finished with the cement plaster and Exterior Weather coat grade paint.

    Ceiling areas of entire apartment both exterior and interior areas shall be finished with cement plaster and paint.

    The toilet walls will be finished with designer concept glazed ceramic tiles subject to a limited choice of colours and concepts up to 7

    high.

    Other than the tiled area in toilets, Kitchen, other areas will be finished with cement plaster and putty finish with emulsion paint.

    Wash and Service area will be finished with ceramic tiles up to 3-0 height. 2-0 above the kitchen platform will be finished with glazed

    ceramic tiles

    FLOOR FINISH:

    All rooms will have Marble flooringand skirting.

    Glazed tiles will be provided in toilet walls concept design up to height of 7 0 and flooring shall be provided anti -skid tiles.

    Staircase will be finished with staircase tiles or blocks.

    Tile or Cement Plastering for setback areas and Car parking.

    Weathering Tiles for Open Terrace Area.

    DOORS:

    Entrance Door using Teakwood frame with Solid Teak wooddoors polished on the external and internal surfaces.

    Bedroom frames will be made out of Teak woodwith water proofing - Moulded Flush doors.

    For Toilets, 30mm thick Designer one side plastic coated waterproof flush doors.

    Powder Coated steel fixtures will be used for all door Fittings with ISI brand locks (Godrej Locks with three keys for Main Door and

    Mortise Locks for Bedrooms or Equivalent).

    WINDOWS:

    All window frames and shutters will be provided with Teak Wood

    In toilets Fixed Lowered Ventilators will be provided.

    All windows and ventilators will have Enamel Painted Mild Steel Grills.

    KITCHEN:

    Platform will be done with 20mm thick Galaxy Black Granite slabs 2 wide and provided with Stainless Steel Single Bowl sink with single

    drain board.

    Sufficient storage space will be provided underneath the cooking platform with shelves.

    SANITARY WARE & PLUMBING:

    Concealed Plumbing lines from overhead tank to all the apartments.(ISI Brand only)

    Open plumbing lines will be of PVC pipes of ISI Brand.

    European Water Closet (EWC) provided in attached toilet and Indian water closet (IWC) provided in common toilet.(Parryware or

    Equivalent) with health faucet in both.

    Wash basin in Dining hall and in attached toilets. (Parryware or Equivalent).

    3 in 1 Wall in attached toilet and 2 in 1 wall mixer at general toilet.

    All taps and showers will be of designer half turn taps of ISI brand, Chromium-plated with mixing fitting. (Jaguar or Equivalent).

    ElECTRICAL:

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    All wiring is Concealed copper wiring suitable for 3-Phase supply. (ISI Approved Orbit or Equivalent Quality) with adequate routing for

    lighting and power loads as per electrical plan.

    Separate energy meter will be given to each apartment in meter room located at ground floor. Distribution board shall be provided in

    each apartment for easy isolation of supply with MCBs.

    Common services shall have separate meters.

    15 AMPS power socket will be provided for geyser in all bathroom with, A/C point in bedrooms and 2 points in Kitchen for Grinder and

    Microwave oven

    5 AMPS sockets four points will be provided, one for mixer machine, one for refrigerator, one for washing machine, three for exhaust

    fan at kitchen and toilets.

    Two 5 AMPS plug socket will be provided in each room. Two fan points in Living, One in Dining and One in each bedroom will be provided

    One calling bell and Chandelier Point will be provided.

    Two Light points in Living, Bedrooms and One Light point in Kitchen and Dining will be provided.

    One Light point will be provided in balcony, toilets and Entrance Door frame respectively and One 5 Amps plug socket in Toilet will be

    provided.

    Provision of Connecting Invertors with breaker

    Energy Saver provision at all the rooms.

    Home theatre provision at hall.

    Two ways switches for Bedrooms and Corridor.

    Concealed Internet and TV Jack will be provided in Living and master Bedrooms.

    Extra points will be provided at extra cost

    Material used will be of ISI approved, Modular switches of Anchor Roma or equivalent brand.

    PAINTING:

    Internal surface will be finish with two coats Birla wall care putty with Concept Premium Emulsion paint. (Asian Paints or Equivalent)

    colour of your choice.

    External surface will be finished with Exterior Weatherproof Emulsion Paint as per architectural design and specification.

    Synthetic Enamel paint for wooden surface and Grills.

    WATER SUPPLY:

    Sufficient Borewell depth with ISI Branded water pump motor of 1.5 Hp.

    Sufficient under-ground sump for metro water will be provided.

    Overhead Tank with two partitions,

    COMMON FEATURES:

    Entrance gate shall be provided.

    Safety Grills at Entrance Gate will be provided.

    Common areas, staircases, Car parking, terrace and compound shall be with Adequate light points.

    Shelves with Cuddappa stones or concert slabs shall be provided in kitchen and bedrooms.

    Lofts shall be provided in bedroom, kitchen.

    Separate motor shed with grill provided.

    Shoe Rack facilities at entrance

    Pujja Room with shelves in cuddappa.

    Swing hooks at balcony

    Washing Machine Inlet / Outlet provision to be provided at service area.

    IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR LAND SIGNATURE ON THE

    DATE, MONTH AND YEAR FIRST ABOVE WRITTEN IN THE PRESENCE OF:

    Party of the First Part

    Party of the Second part

    WITNESSES:

    1.

    2.