Development Agreement between Owner and Builder

TO ALL TO WHOM THESE PRESENTS SHALL COME, I Mr... residing at ... send greetings -

 

WHEREAS I am the owner of an immovable property consisting of a plot of land with old building thereon and which is more particularly described in Schedule hereunder written.

 

AND WHEREAS I propose to develop the said property by demolishing the existing building and constructing thereon a new building with flats and other premises therein and intended to be sold on ownership basis, so that ultimately after the property is fully developed I will transfer the property to a Co-operative Housing Society to be formed by the Purchasers of flats and other premises therein.

 

AND WHEREAS I am unable to attend to all the matters necessary to develop and carry on such development work due to my other occupations.

 

AND WHEREAS I, therefore, propose to appoint (1) Mr... and (2) Mr... and (3) Mr... who are the partners of the partnership firm of M/s A B & Co. and who have agreed to carry on the work of development on the terms of an agreement entered into by me with the said firm. as my attorneys or agents with full power to develop the said property as hereafter stated on my behalf and in my name and which the said attorneys have agreed to do.

 

NOW KNOW YOU ALL AND THESE PRESENTS WITNESSES that I Mr... hereby appoint and constitute the said (1) ... (2)... and (3) .......   jointly and severally to be my true and   'lawful attorneys with full authority and power to do and execute all acts, deeds and things mentioned below, for me and on my behalf and in my name viz.

 

1. To apply to the Competent Authority under the Urban Land (Ceiling & Regulation) Act. 1976 for grant of permission to develop the said property by demolishing the existing structure thereon and constructing a new building in Its place as required by section 22 of the said Act and for that purpose to sign all applications and other papers, to appear before the Competent Authority and to give him all the papers and Information as required and to do all acts and things necessary for

AGREEMENT FORM BETWEEN OWNER AND A BUILDER FOR CONSTRUCTION OF THE BUILDING

THIS AGREEMENT made at ....................... on this ............. day of ..................2000, between Shri........................ S/o ....................... resident of .............................. (hereinafter called 'the owner' which expression shall unless repugnant to the context or meaning thereof, be deemed to include his heirs, legal representatives, executors and administrators) of the ONE PART and M/s ABC Builders & Contractors, a partnership firm registered under Partnership Act, 1932 and having its registered office at .................. (hereinafter referred to as 'the builders' which expression shall unless repugnant to the context or meaning thereof, be deemed to include every partner for the time being of the said firm, the survivor or survivors or the legal representatives, executors or administrators of the last survivor of the OTHER PART.

WHEREAS the first party is the owner of the plot of land admeasuring.................... sq. meters bearing plot No. ........... city survey No.
...................... Khasra No. ..................... situate, lying and being at ...................... Tahsil and District ...................... (hereinafter referred to as the "said plot of land") and is desirous of getting a house constructed on the said plot of land.

AND WHEREAS the first party has appointed Shri ................. as the architect and the said architect has prepared the plans, drawings and elevations of the said intended house and the specification of the works to be done and of the materials.

AND WHEREAS the second party is a big contractor and is having vast experience in construction of big buildings and has agreed to construct the house on the said plot of land.

NOW IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

1. The builders will construct the building on the said plot of land in conformity with the plans, drawings, specifications and elevations as prepared by the architect which has been annexed hereto and marked as Annexure A, with the material of best quality and in the most substantial and workman like manner and to the satisfaction of the architect.

2. The builders hereby undertake to commence the construction within fifteen days of execution of these presents and complete the construction on or before the expiry of ................... months from the date of execution of these presents in accordance with the plans duly approved and sanctioned by the Municipal Corporation of .................................. and specifications and conditions as are set out in Annexure A hereunder written.

3. If the builders fail to complete the said work within the period as stipulated in the foregoing provision, the builders shall, at the option of the owner but without prejudice to the other rights under law of the owner and other provisions herein, pay liquidated damages calculated at the rate of Rs.......... per day (but subject to a maximum of 2% of the total contract amount payable by the owner under this agreement) for the period between the said stipulated time for completion of the works.The builders hereby specifically agree and authorise the owner to deduct such liquidated damages, if any, from any installment of payment becoming due and payable to the builders in terms of this agreement.

4. The owner will pay to the builders a sum of Rs............. out of which the owner shall pay to the builders weekly such sum as may be sufficient to defray the expenses incurred by the builders in respect of materials used in the works, checked and certified by the architect, Rs ......... on the certificate by the architect that the work upto first floor has been completed, the further sum of Rs ............. on the certificate by the architect that the work upto second floor has been completed and the balance shall be paid on the certificate by the architect that the said works have been completed in all respects according

DEVELOPMENT AGREEMENT BY THE LANDLORDS IN FAVOUR OF A BUILDER

THIS AGREEMENT made at ____________. this  ....... day of  ............, 2000, between (1) X, son of P, resident of ____________..; (2) Y, son of Q, resident of ____________.. (3) Z, son of R, resident of ____________.. (4) A, son of S, resident of ____________.. (5) B, son of T, resident of ____________.., and (6) Smt. C, son of U, resident of ____________.., hereinafter called "the Vendors" (which expression shall unless repugnant to the context or meaning thereof mean and include their respective heirs, executors, administrators and assigns) of the FIRST PART; Smt. N wife of Shri M, resident of ____________.., hereinafter called "the Confirming Party" (which expression shall unless repugnant to the context or meaning thereof mean and include her heirs, executors, administrators and assigns) of the SECOND PART and ____________... a partnership firm through its Partner, D, son of F, resident of ____________............., hereinafter called "the Developers" (which expression shall unless repugnant to the context or meaning thereof mean and include partner or partners for the time being of the said firm, survivors or survivor of them and the heirs, executors, administrators of such survivor, their, his or her assigns) of the THIRD PART.

WHEREAS the Vendors are absolutely seized and possessed and sufficiently entitled to all those pieces or parcels of agricultural land, ground, hereditaments and premises one of which is the property bearing No. ............,  admeasuring about ?........  sq. meters, situated at .............____________................... and more particularly described in the Schedule hereunder written and delineated on the plan hereto annexed and thereon shown surrounded by a red colour boundary line (which property shall hereinafter for brevity's sake be referred to as 'the property').

AND WHEREAS the said property was owned and possessed by Shri X and after the death of said Shri X, the said property was transferred to the name of his daughter Smt  ...............     and after the death of the said   ...................   who died on   .......................    the said property is inherited by the Vendors herein as the only legal heirs and representatives of the said Shri X.

AND WHEREAS the name of Smt. N, who is the second daughter of the said .......................  was entered into ____________ by Mutation Entry No. ..............  only on      .................  However, the Vendors continued in the absolute possession of the said property being the heirs of said Smt. N, who had inherited the property of her deceased father Shri X and claimed the same absolutely she being under customary form of marriage and allowed to retain the property to her father absolutely and as such the said Smt. N does not claim any right, title and interest in the said property and agreed to confirm this agreement without claiming any right, title and interest therein.

AND WHEREAS the Vendors have represented to the Developers herein that they have filed the return of their total land holding as per section 6(1) of the Urban Land (Ceiling & Regulation) Act, 1976 with the Competent Authority under the said Act, and have also submitted the scheme under section 21 of the said Act to the said Competent Authority thereby requesting the Competent Authority to permit the Developers to develop the property as per the Scheme.

AND WHEREAS the Developers herein have approached the Vendors with an intention to develop the said property from the Vendors and pursuant to the negotiations by and between the parties hereto and subject to the necessary approval being granted by the Competent Authority under the provisions of Urban Land (Ceiling & Regulation) Act, 1976 which approval/sanction is agreed to be persuaded by the Developers at their own costs and expenses and also subject to the plan of the proposed development being sanctioned by the Municipal Corporation of