| Agreement to Lease |
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| DATED THIS _________ DAY_________________20 |
AGREEMENT
Between
West Bengal Industrial Infrastructure Development Corporation
AND..... |
| This AGREEMENT made at Kolkata this ………………….. day of ………………………….. Two thousand and Seven BETWEEN WEST BENGAL INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION, a statutory body constituted under the West Bengal Industrial Infrastructure Development Corporation Act, 1974 (Act XXV of 1974) having its Head Office at 5 Council House Street, Kolkata-700 0001 hereinafter called the "CORPORATION" (which expression shall unless excluded by or repugnant to the context, be deemed to include its successors and assignees) of the One Part AND ………………………………………… a Company incorporated and registered under the Companies Act 1956 having its registered Office at ……………………………………………………………………………………………………….. hereinafter called the “ALLOTTEE” (which expression shall unless excluded by or repugnant to the context, be deemed to include its successors and representatives) of the Other Part. |
| WHEREAS |
| 1. |
The Governor of State of West Bengal has acquired under the provisions of Land Acquisition Act, 1894 ……………………… acres of land situated at Mouza ................... P.S. …………………… in the District of ......................………, (hereinafter called ‘the said Land’) more fully described in the First Schedule hereunder written and has granted possession of the “said Land “to the Corporation with the authority to deal with the same. |
| 2. |
The Allottee has approached the Corporation to grant a sub-lease of the said Land and the Corporation has agreed to grant sub-lease of the said Land on the terms and conditions hereinafter appearing: |
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| NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES as follows: |
| 1. |
The Corporation hereby agrees to grant and the Allottee hereby agrees to take on sub-lease the Said Land for a period of ……..years upon payment of annual rent as provided in the Second Schedule hereunder written. The Rent shall be payable by the Allottee to the Corporation after a lapse of of a period of 20 years from the date of possession of the said land to the Allottee. |
| 2. |
The Allottee has paid to the Corporation the sum of Rs. ……………………/- (Rupees .........................................………………………..) as Land Premium for the Lease to be granted for the Said Land. |
| 3. |
The Allottee has paid a sum of Rs…………. as Lease Rent for use of the said land for a period of 20 years. In case the Sub-Lease is not executed within a period of 20 years , the Allottee shall be liable to pay Lease Rent at the same rate as the lease rent payable under the second schedule. |
| 4. |
The Allottee shall pay from the date hereof yearly/ Quarterly Maintenance/Service charges amounting to Rs………………………../-(Rupee …………………………………….) or at such revised/enhanced rate as may be fixed by the Corporation in respect of the Said Land within 30 days of receipt of the bill from the Corporation. |
| 5. |
The Allottee shall reimburse to the Corporation all rates, taxes and other impositions in respect of the said land and the structures thereon which may at any time or times be assessed be payable by the Corporation in respect of the said land. |
| 6. |
Execution and registration of the Deed of Sub Lease will be done when called upon by the Corporation. The Allot tee shall bear the cost of stamp duty and registration fees payable in respect of the Sub-Lease. |
| 7. |
The Corporation shall hand over possession of the Said Land to the – Allottee after execution of this Agreement, which the Allot tee hereby confirms. |
| 8. |
The Allottee doth hereby covenant with the Corporation as follows : |
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| a. |
To utilise the Said Land for ………………Project. |
| b. |
Not to sink any well/tube well on the Said Land. |
| c. |
To apply separately to the Corporation for arranging water supply to the Said Land for which separate Agreement will be executed. The Allottee will also be required to pay a separate connection and other charges for the same. |
| d. |
To construct at its own costs culverts, over all water pipes passing through the Said Land over which buildings structures may be erected in such manner as will give the Corporation's staff and agents free access at all times to the said water pipes. |
| e. |
To reimburse to the Corporation all rates, taxes and other impositions in respect of the Said Land and the structures thereon which may at any time or times be assessed be payable by the Corporation in respect of the said Land. |
| f. |
To demarcate the Said Land with boundary walls, pillars or fencing to maintain such walls, pillars or fencing in good and proper condition during the said term and to see that no other person or party may encroach upon any portion of the said Land and to execute or cause to be executed any work necessary or desirable in order to keep the Said Land in good sanitary order and condition to the satisfaction of all authorities concerned. |
| g. |
To observe, perform and comply with all stipulations and requisitions which may from time to time be made by the Government or the Corporation or any other authority statutory or otherwise in respect of the Said Land and/or the structure/ machineries/plants thereon or any portion thereof respectively or in relation to the recruitment or employment of persons in any industrial and / or commercial establishment and / or organization in the State of West Bengal and to furnish quarterly reports about the progress of work including employment position. |
| h. |
To permit and allow the Corporation's agent/officer at all reasonable hours to enter upon and inspect and examine the Said Land or any portion thereof as and when the Corporation feels necessary, and also for the purpose of constructing, laying, altering, repairing or maintaining any water-course, drains, pipes or electric wires in connection with any adjoining property and by reason of such repairing, laying, altering etc. The Corporation shall not be liable to pay any compensation to the Allottee if the Allottee suffers any damage or inconvenience. |
| i. |
To surrender and deliver vacant possession of the Said Land in its former condition to the Corporation without claiming any compensation in case any mine or minerals are discovered on any search or operation for the discovery of mine or mineral substance is decided to be undertaken by or on behalf of the Government in the Said Land or any portion thereof. |
| j. |
To deliver to the Corporation upon the termination of this Agreement, vacant possession of the Said Land by removing within 30 days there from at its own costs all structures, sheds, plants, machineries and equipments constructed, created and brought in by the Allottee therein or any part thereof within the time as prescribed by the Corporation. NOTWITHSTANDING anything herein contained, in the event of the Allottee's failing to remove all structures, sheds, plants, machineries and equipments within thirty (30) days from the date of termination or sooner-determination of the Agreement as aforesaid, all such structures, sheds, plants, machineries and equipments constructed or lying on the Said Land shall vest upon the Corporation free from any liability for payment or any compensation in respect thereof and the Corporation shall be entitled to deal with the Said Land together with all structures, sheds, plants, machineries and equipments in such manner as they think fit and proper as full owner thereof. |
| k. |
Not to use or allow to be used permanently any portion of the Said Land and/or structures thereon as a place of any kind of worship or prayer whatsoever nor to convert into any kind of shrine, tomb, temple or mosque however small or insignificant. |
| l. |
Not to exhibit or allow to be exhibited any advertisement or placards or other mode of representation on above or within or outside the Said Land and/or the factory or Mill or structure standing thereon or any part thereof without prior written permission of the Corporation in specific cases or generally, except name boards or signboards of any nature relating to the business and/or work of the Allottee or for the purpose for which the Said Land is being demised subject to the Allottee’s complying with the Municipal, Police or any other laws, rules or regulations for the same for the time being in force. |
| m. |
Not to encroach or allow or suffer any encroachment to be made upon the Said Land reserved as margin of safety along the side of the Railway Siding and/or on Railway track in any manner whatsoever or upon the road or any portion of the Said Land whatsoever. In case the Allottee commits any breach of the condition contained in this clause it shall, in addition and without prejudice to all other rights and remedies of the Corporation under these presents, be liable to pay to the Corporation all damages and losses which the Corporation may suffer by reason thereof and keep the Corporation indemnified against any loss, damages, costs, expenses, plants and actions whatsoever resulting from the aforesaid breach of condition by the Allottee. |
| n. |
Not to lower in any way the level of the Said Land nor to do or commit any act or thing which may be injurious to the Said Land and/or may render the Said Land unworthy for industrial use and/or deterioration in the value thereof and in case any damage or injury is caused to the Said Land or any part thereof. In the event of breach of this covenant, the Allottee shall compensate or make good the damage caused, without prejudice and in addition to all other rights and remedies of the Corporation under these presents: |
| o. |
Not to assign or part with possession in any way of the Said Land and/or structures thereon except with the Corporation’s permission as per prevailing policy of the Corporation and subject to the payment of the assignment charges as may be fixed by the Corporation from time to time. |
| p. |
Not to use or allow or permit to be used the said Land or any portion thereof for any illegal or immoral purpose or in any manner so as to become a source of grave danger to the public peace or public safety or do any act or thing over, above or underneath the Said Land or any portion thereof which shall be or become a nuisance, damage, annoyance, inconvenience, obstruction or danger to the said Land or to the owners or occupiers of any adjoining or neighboring land or premises. |
| q. |
Before constructing any pucca building or house, Privy, latrine or making any addition or alterations thereto to get the plan thereof approved by Corporation as well as by other statutory authorities as may be prescribed by law. |
| r. |
To obtain No Objection Certificate/ License/ Registration/approval/sanction/clearance from the appropriate authority as may be required under environmental laws and other statutory provisions and the Corporation shall not in any way be liable for the default of the Allottee on this account. |
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| 9. |
The Corporation doth hereby covenant with the Allottee as follows : |
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| a. |
The Corporation shall pay and discharge the land revenue payable in respect of the Said Land to the State of West Bengal but not any taxes in respect of the factories, buildings or structures constructed thereon. |
| b. |
The Allotteee shall possess and enjoy the Said Land without any interruption by or on behalf of the Corporation so long as it will pay the Maintenance/Service Charges payable hereunder regularly and duly observed and perform the several covenants, conditions and agreements herein contained and on its part to be observed and performed. |
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| 10. |
The Allottee shall pay and reimburse to the Corporation such other or further amount as may be spent by the Corporation towards land acquisition along with interest, development or other works of the area in which the Said Land is situated for the benefit of the Allottee and other occupiers of the area together with charges and expenses incidental and ancillary thereto on demand or demands made by or on behalf of the Corporation, as occasion would arise within 30 days from the date on which such demand or demands will be made. In case of delay, interest @ at the rate as determined by the corporation for the additional amount for the delayed period will be paid by the Allottee. |
| 11. |
| a. |
Allottee shall complete the construction of the factory or other facilities on the said land so as to start and/ or commence the commercial production within 30 months from the date of handing over of possession of the said land. |
| b. |
If the Allottee fails to commence the commercial production within 30 months, the Allottee may apply to the Corporation at least 30 days prior to the lapse of the said period of 30 months and seek extension of time to commence commercial production. The Corporation at its discretion may allow further time of one year after imposing extension charges up to 10% of the total premium paid by the Allottee. |
| c. |
If the Allottee fails to commence the commercial production within the said period of 30 months or the extended period, the Corporation shall resume the said land making payment to the Allottee of the consideration amount of allotment without any interest and this Agreement shall be terminated without prejudice to any right of the Corporation. Further, 30 days time will be given to the Allottee to remove the structure, if any, on the said land failing which the Corporation will take over the said land along with structure on it and for which the Allottee will have no claim. |
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| 12. |
| a. |
The Allottee may with the previous consent of the Corporation mortgage or charge in favour of any Bank, Life Insurance Corporation of India and Central/State Government or Financial Institution its interest under this Agreement and the structures constructed on the said land and the plants, machineries, equipments installed therein. The Corporation may at its discretion provide a no-objection certificate ( NOC) to the Bank Institutions for this purpose. |
| b. |
In the event of mortgagee exercising any of its right in respect of the said land, such mortgagee would be required to give prior written notice of 90 days to the Corporation. |
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| 13. |
Without prejudice to the Corporation's right to terminate the Agreement in case of default in payment to the Corporation's dues by the Allottee within the stipulated period, the Allottee shall be liable to pay interest at the rate as determined by the corporation from the date till the date of actual payment.. |
| 14. |
In case the Allottee uses or attempts to use Said Land and/or structures thereon or any portion thereof without the consent in writing of the Corporation for any purpose other than the……………(industrial )purpose, it shall be lawful for the Corporation after giving thirty days notice in writing to the Allottee to be sent by registered post with acknowledgement due at the latest address of the Allottee as per available record to re-enter upon the Said Premises or any part thereof in the name of the whole and thereupon this Agreement shall cease and stand terminated, without prejudice to any other rights of the Corporation. |
| 15. |
In case the Allottee fails or neglects to pay Lease Rent, the yearly Maintenance/Service Charges and/ or interest thereon hereby reserved or any part thereof and allow the same to fall in arrear, the Corporation shall in addition to its right to terminate under these presents as also under the law, be at liberty to realise the same as a public demand under the provisions of Bengal Public Demand Recovery Act.1913 |
| 16. |
In case the Allottee fails to pay the yearly maintenance charges and/or service charges, and/or other impositions and/or other charges and/or interest due thereon payable in terms of these presents and/or otherwise payable or any part thereof within the fixed and stipulated time for the payment thereof, whether legally demanded or not, or if any covenant on the Allottee’s part herein contained shall not be performed and observed or if the Allottee shall become bankrupt of if winding up order is made against the Allottee or a Receiver is appointed over its assets, it shall be lawful for the Corporation after giving thirty days notice in writing to the Allottee to be sent by registered post with acknowledgement due at the latest address of the Allottee as per available record to re-enter upon the Said Premises or any part thereof in the name of the whole and thereupon this Agreement shall stand terminated, without prejudice to any other rights of the Corporation. |
| 17. |
If the Corporation fails to execute the Sub Lease in relation to the Said Land due to circumstances beyond its control, it will have the option to terminate this Agreement and refund back the entire amount of premium received from the Allottee. The Allottee may also remove structures, constructions, fencing etc. without causing any damage to the Said Land. |
| 18. |
The premium paid by the Allottee is charged on a provisional basis in as much as actual cost of the Said Land could not be calculated. The Corporation will be at liberty to recover the balance amount and Allottee undertakes to pay the same within 30 days from date when final cost is notified to the Allotteee. In case of delay, the Allottee will have to pay interest at the rate as determined by the corporation for the additional amount for the period of delay. |
| 19. |
The Allottee has the right to surrender the said land in favour of the Corporation due to any reason. Upon such surrender of the said land by the Allottee and after receiving possession of the said land by the Corporation, the Corporation shall refund the Lease Premium to the Alloottee without interest after deducting any outstanding dues of the Corporation and without prejudice to any other right of the Corporation. |
| 20. |
Any notice required to be given to the Allottee hereunder may be served on the Allotteee by sending the same through the Registered Post with Acknowledgement Due addressed to the Allottee at the last known address recorded with the Corporation and shall be deemed to have been duly served on the Allottee at the time at which such registered letter would in the ordinary course be delivered to the addressee. |
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THE FIRST SCHEDULE ABOVE REFERRED TO:
(Details of Said Land) |
THE SECOND SCHEDULE ABOVE REFERRED TO:
(Particulars of Lease Rent to be paid) |
IN WITNESS WHEREOF the Corporation and the Allottee have executed these presents the day month and year first above written:
SIGNED AND DELIVERED on behalf of the West Bengal Industrial Infrastructure Development Corporation by its …………………………. at Calcutta in the presence of:
1. ..................................
2. ..................................
THE COMMON SEAL OF THE Allottee has hereto been affixed in pursuance of the Resolution of its Board of Directors dated and these present have been signed on behalf of the Allottee by Shri __________________and Shri ________________________two of its Directors in the presence of
1. ..................................
2. ..................................
Enclo: Plans of the land as described in the schedule above.
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