COLLABORATION AGREEMENT / JOINT DEVELOPMENT AGREEMENT
We enter into Collaboration agreements with plot owners of Delhi & Gurugram. Draft for reference is hereunder:
Draft of Agreement between owner and a M/s Premier Green Realty for construction of the builder floors
THIS AGREEMENT made at Janakpuri, New Delhi on this ….th day of ….. 2023, between ……………………. S/o Sh. ………………. resident of ………………. (hereinafter called ‘the owner’ which expression shall unless repugnant to the context or meaning thereof, be deemed to include her heirs, legal representatives, executors and administrators) of the ONE PART and M/s Premier Green Realty., a registered firm and having its registered office at UGFloor, C-3/ 162, Janakpuri, New Delhi – 110058 (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 ad-measuring ……….. sq. meters bearing plot No. – …. Block …… situate in ………., lying and being at New Delhi Tehsil and District Delhi (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 Second party has appointed M/s …………………………………………………………………………………………………………………………………………………………………. 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. Structural Consultants of the project are Dr. P.C. RAGTAH & ASSOCIATES and M/s FOUNDTEK CONSULTANTS PVT. LTD. will determine bearing capacity of soil after carrying out Standard Penetration & Cone penetration tests of soil. Preferably Combined Footings or Matt Foundation will be designed with columns on external periphery only. Staircase & Lift core will have columns & shear walls. MEP & Construction Management Consultants of the project will be M/s MAVEN CONSTRUCTION MANAGEMENT CONSULTANTS they will establish design parameters for Electrical, Plumbing, Air-conditioning, Solar Inverter for Common areas, Lifts, water softening plant, submersible water pumps etc.
AND WHEREAS the second party is an established builder with dedicated & specialized contractor’s under their controls and is having vast experience in construction of Residential buildings / Commercial buildings and has agreed to construct the house on the said plot of land. Builder (second party) will also furnish the property with latest electrical gadgets & fittings & fixtures. Builder will provide Modular Kitchen with imported fittings & fixtures.
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 18/20 months calculated from the date of sanctioned plans by the Municipal Corporation of Delhi in accordance with the duly approved plans and specifications and conditions as set out in Annexure B hereunder written.
3. If the builders fails 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 1000/- per day (but subject to a maximum of 3% of the total project cost determined at an construction cost of Rs 3000/- per sft. of super area of owners part/ share).
4. The builder will use FE 500 steel either of KAMDHENU/ SAIL/ TATA make only. Cement used for construction will be either of Ultratech/ Shree/ JK/ Jaypee. The builders hereby agree and undertake to rectify all such defects as may be found or detected during the period of 12 months after handing over possession of the property to owner. If the builders fail to rectify the defects pointed out or decline to cure such defects as pointed by the owner within fifteen days from the date of reporting to the builders, the owner shall be entitled to have such defects rectified by such other agencies as it may deem fit at the entire cost and risk of the builders.
5. The owner shall allow free ingress to and egress from the premises to the builder’s servants, employees, sub-contractors and all other persons, who are necessary in connection with the carrying out of the works under the agreement.
6. The builders shall indemnify the owner in respect of all claims, damages or expenses payable in consequence to any injury to any employee, workman, nominee, invitee while in or upon the said premises. The builders shall also be responsible for any damage to buildings, whether immediately adjacent or otherwise and any damage to roads, streets, foot-paths, bridges or ways as well as all damages caused to the buildings, and work forming the subject to this contract by frost, rain, wind or other inclemency of weather.
7. The builders shall be bound to appoint an Construction Management Consultants, competent to receive instructions from the architect/ consultants/ owner from time to time, on behalf of the builders at all reasonable hours and all directions given to him by the either of the agencies shall be deemed to have been given to the builders.
8. The owner or his representatives shall be entitled to inspect the progress of the construction work and materials used for the construction and they shall be entitled to point out to the builder any defects in the construction work, quality of workmanship or materials used when such defective work is in progress or being executed or such material is brought on site. If the architect will be satisfied about the objections raised, the said architect shall certify the same in writing and direct the builders to rectify at their own cost the defect in the said construction work or remove such defective materials and the same shall be rectified or removed by the builders as directed.
9. Builder will construct all floors as per approved plans sanctioned by Municipal Corporation of Delhi. Owner has handed over the rights of sale of ………….. Floors to builder to recover the cost of construction and profits, wherein builder will handover peaceful possession of Balance floors after completing the entire work as stipulated in Annexure A & B.
10. All disputes or differences relating to the specifications, designs, drawings and as to quality of workmanship or material used in the work or as to any other question arising out of or relating to the contract, design, drawings, specifications, orders or otherwise in connection with the agreement or the carrying out of the works, whether during the progress of the work or after the completion or abandonment thereof shall be referred to the sole arbitration of two arbitrators, one to be appointed by each party. The arbitrators shall appoint an umpire before entering upon the reference. The parties would cooperate and lead evidence, etc. with the arbitrators and if one of the parties does not cooperate or remains absent at the reference, the arbitrators or the umpire would be at liberty to proceed with the reference ex-parte. The arbitrators or the umpire shall keep record of the oral evidence adduced by the parties and submit the same to the court at the time of filing of the award, along with documentary evidence produced before them or him by the parties or their witnesses. The proceeding of the arbitrators or the umpire shall be recorded in English and a carbon copy whereof shall be furnished to each party. The arbitrators or umpire shall be entitled to appoint stenographer, for recording proceedings of the arbitration, consult an expert, after previous notice to the parties to the reference, the cost whereof shall be borne equally by the parties. The fees of the arbitrator appointed by a party shall be borne by the party, so appointing and the fees of the umpire and the other arbitration expenses shall be borne equally by the parties. The arbitrators shall make their award, with reasons for the decision, within Three months from the date of entering upon the reference. If the arbitrators have allowed their time to expire without making an award or have delivered to any party or to the umpire a notice in writing stating that they cannot agree, the umpire shall forthwith enter on the reference. The umpire shall make his award within four months of entering on the reference or within such extended time, as the parties may agree. The award of the arbitrators, or umpire, as the case may be, shall be final, conclusive and binding on the parties and shall not be challenged on any ground except collusion, fraud or an error apparent on the face of the award. This reference to arbitration shall be deemed to be a reference within the meaning of the Arbitration and Conciliation Act, 1996 or any statutory modification thereof. No action can be taken under this agreement for the enforcement of any right without resorting to arbitration under this clause.
11. This agreement shall be executed in duplicate; the original shall be retained by the owner and the duplicate by the builders.
IN WITNESS WHEREOF the parties have signed these presents and a duplicate thereof, the day and year first here in above written.
Signed and delivered by ……………., Owner of ……………………….
Signed and delivered by Mr. Anil Sharma, Managing Partner of M/s Premier Green Realty.
WITNESSES;
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SPECIFICATIONS