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MODEL FORMAT OF ADDENDUM TO CONSTRUCTION AGREEMENT |
ADDENDUM TO CONSTRUCTION AGREEMENT
THIS ADDENDUM TO CONSTRUCTION
AGREEMENT entered into
at -------- this --th DAY OF --------, 20--:
BETWEEN
------- APARTMENTS & BUILDINGS CO., (PAN No.---------) (Registered Partnership
Firm under Partnership Act 1932 Vide Registration No. FR/--------
SOUTH/---/20--), having office at “-----s Ark”, ---/--, ------
Road, ------------, ---------, duly represented herein by its
Partner, Mr. -------, Son of Mr. --------, aged about -- years, at
‘----’s Ark’, No.--- /--, --------- Road, -------, ------------, hereinafter referred to as
the "PARTY OF THE FIRST
PART" which term shall wherever the context
so permit mean and include
his heirs, executors, administrators, legal representatives and assigns, hereinafter referred
to as the "PROMOTER"
which term shall wherever the context so permit mean and include his heirs, executors,
administrators, legal
representatives and assigns
AND
Ms.----------, daughter of Mr. -------, aged about -- years and Mr.--------, son of Mr.--------, aged about -- years, both residing at No. -/--, ------ Villa, ------ Nagar, -nd
Street, ---------, --------------,
hereinafter referred to as the “ALLOTTEE”
which term shall wherever the context so permit mean and include his/her heirs, executors,
administrators, legal
representatives and assigns.
WHEREAS, the Promoter and the Allottee
have already entered into a Construction Agreement dated --/--/20-- under the provisions of Real Estate Regulatory
Authority.
WHEREAS the Promoter and Allottee are
desirous of reducing the further terms and conditions as mutually agreed into
writing to avoid any ambiguity in respect of the said Construction Agreement dated
--.--.20-- already entered between the
Promoter and the Allottee.
WHEREAS the Addendum to Construction
Agreement is part and parcel of the Construction Agreement dated --.--.20--, already entered between the
Promoter and the Allottee.
NOW THIS ADDENDUM TO CONSTRUCTION
AGREEMENT WITNESSETH AS FOLLOWS:
1.
The Allottee shall be
liable to pay penal interest at --%
per annum, if the Allottee failed to pay the agreed amount as mentioned in Schedule
“D” hereunder. The Allottee apart from the interest amount,
shall also be liable to pay the escalation cost of the materials and labour.
2.
In case of failure on
the part of the Allottee to pay the amounts due and payable in terms of this
agreement, then the Promoter shall have a lien/charge over the Schedule B and C
the Villa to be constructed for the Allottee until such amounts are fully paid by
the Allottee, together with interest.
3.
If the Promoter
failed to complete the entire
construction after receiving the entire amount from the Allottee, the Promoter is liable to pay a sum of Rs.-/-
per sq.ft per month as damages to the Allottee.
4.
The Allottee can point out
errors, if any, immediately
at the respective stages of work in progress to enable the Promoter
to rectify the work that should be reasonable, and on every payment made by the
Allottee. This, however, does not bind
the Promoter in carrying out the overall construction of the project which is
being carried out by him as per the General Standard Practice.
5.
The Allottee has no right
to hinder the progress of the construction in the Schedule C mentioned property,
under any circumstances.
6.
The Promoter shall be
responsible, for the cutting of
the trees, removal and disposal of the same and whatever that may
be existing or standing on the
Schedule "A" Property, the Party
of the First Part shall be entitled for the sale proceeds of all the debris
and salvaged articles, materials and things.
7.
The Allottee shall bear the charges of
any additional items if he/she needs in the construction at extra cost,
other than the items mentioned specifically in Annexure
hereunder.
8.
For any additional items
required by the Allottee, the same is to be informed in writing to the Promoter.
After receiving the full payment
thereof, the Promoter will carry out the additional items. No delayed
request will be entertained and no work will be done without prior approval of
the estimate and payment. However, to accept and carryout the work is the
discretion of the Promoter only.
9.
If the Allottee is desirous
of putting flooring other than the type of flooring mentioned in Annexure
hereunder, the Allottee alone has to make his/her own arrangement to lay the
said flooring in the Schedule C mentioned property. The Allottee is liable for any damages caused
to the structure in laying the said flooring by engaging his/her own men/agents.
10.
The Promoter will hand over
the villa to the Allottee only on completion of the entire construction in the
Schedule C mentioned property and on receiving the entire
cost within the stipulated
time. The Allottee
is
entitled to do interior decorations and
carpentry work etc., in the said villa only after making the full payment to
the Promoter. The request to occupy the villa by the Allottee before the
completion of the entire construction will not be entertained.
11.
The Promoter being the
liasoning agent, can initiate and follow up for getting the electricity
connection from the Tamil Nadu Generation and Distribution Corporation Ltd.,
and not be liable for the delay if any.
12.
The Promoter would ensure
to put a bore-well of a depth of 60-100 feet depth depending on the site condition.
But under no circumstances, the Promoter
be responsible for failure of
bore-well either at the
time of construction or at any
point of time thereafter due to the decline of overall water table level
in the locality.
13.
The Promoter would construct
a sump of a capacity of 6000 ltrs for
storage of water in case of the failure of the borewell and/or shortage of
water and it would be the responsibility of the Allottee to purchase the water
in tanker lorries and store in sump for their usage.
14.
The Promoter shall put up a
overhead tank of 1000 litres capacity in the Schedule “C” mentioned property.
15.
The Promoter have to construct and provide a Sintex waste water
treatment septic tank system of 1200 ltr capacity with a leach pit and it
would be the responsibility of the Allottee to clear the sewage water
periodically as and when it is filled without letting the sewage water outside
without spoiling the surroundings as this forms a part of the group villas and
township.
16.
The Allottee has to take necessary
insurance policy, covering the risks for the construction of the entire villa.
If any other extra coverage is required, the Allottee is at liberty to take the
same separately.
17.
The common
water supply and drainage system has been replaced with individual water supply
and drainage system with every Villa units and hence, the land space ear-marked
for such common facility in the approved drawing is being allotted to
individual units at the discretion of the promoter. However, if any common treatment plants are
required in future, the same will be designed and developed jointly by the
Members of the Association at their cost and responsibility at a new location
ear-marked by the Association to be formed.
Accordingly the provision of borewell – 1 No. of 60 feet depth and a
Septic tank with leach pit for each Villa units as given in Clause Nos.12 and
15 above mentioned.
18.
The Promoter
has the right to locate the place/space of his choice for transformer &
pillar box, septic tank, furnished office room for Residents’ Association, Rest
rooms, lights in driveway, garbage bins etc and / or any such provision in the
complex either within the built-up area or open area in the common interest of
all and the Allottee have no right on the same irrespective of the locations
shown in the brochure/any other drawings.
19.
The Promoter is
entitled to install a transformer and/or pillar boxes in an appropriate
place in the Schedule 'A' property chosen by the Tamil Nadu Generation and
Distribution Corporation Ltd., and/or by the Promoter irrespective of the
locations shown in the brochure/any other drawings.
20.
The Allottee
covenants and assures the
Promoter that he/she shall become and remain a member of the said
Society or Association to be formed,
consisting of the owners of the other Villas for the purpose of attending,
safeguarding, maintaining of all matters of common interest like repairs,
white-washing the common portions of the said building, roads, compound walls and all
other common amenities and shall pay his/ her share of
contribution in respect of all the
costs/expenses of repairing, replacing and maintaining the common
amenities like roads, pathways, staircase,
landlings, open areas, garden, septic tank, if any, sewers, drains, plumbing pumps etc,
waterlines, general lighting, external
colour washing, watchmen and servants to the building and all other
common outgoings like taxes, rates, rents, charges, levies, salaries and
such other items whatsoever that may be
determined from time to time by the said Society or Association.
21.
The Society or
Association formed by the owners of the villas is entitled to collect
maintenance charges only from the purchasers/owners of the said villas. The Promoter
is not liable to pay any maintenance charges to the Society or Association for
the unsold villa/s in the said building. The Promoter has got right to appoint
his own security personnel for the unsold villa/s in the said building.
22.
The Society or
Association formed by the owners of the villas shall be liable to pay
proportionate annual track rent and renewal charges to the Executive Engineer,
Public Works Department, Palar Basin Division, ----------. The Society or the
Association shall also be liable to pay proportionate charges for the maintenance
of canal and the culverts thereof.
23.
The Society or
the Association shall also be liable to pay the charges for maintenance of the
road, street lights, power consumption, common garden maintenance, common
security arrangement.
24.
The Society or
the Association shall be entitled to collect the aforesaid charges from the
purchasers/owners of the villas. The Promoter shall not be liable to pay any of
the said charges to the Society/Association in respect of the unsold villas.
25.
After the construction is
completed, the Allottee shall thoroughly inspect the villa, amenities, etc., and only if fully satisfied
with all, shall take possession of the villa from the Promoter. If any defects
are noticed, the Allottee shall get the same corrected from the Promoter before
taking possession of the villa itself. After taking possession of the villa by
the Allottee, it would be for his/her responsibility to undertake the repair/
addition/ modification/alteration/rectification at his/her costs and risk.
Further, any hairline cracks, damages to the floor joints resulting in leakages
especially in toilets which may develop in future shall be rectified only by
the Allottee at his/her cost and responsibility.
26.
The Promoter is not
responsible for any settlement in the external flooring, common roads, driveway
etc which may occur due to changes in sub soil condition.
27.
The Allottee has to
undertake the periodical painting and maintenance works of the internal walls,
external wall and joineries. The Promoter is not responsible for any damages
that may occur due to non-compliance of the same.
28.
The Promoter is not
responsible for any termite problem that may originate either from interior
works or from plantations.
29.
It is the responsibility of
the Allottee to make good any hairline/shrinkage cracks that may develop after
handing over the villa, due to shrinkage, expansion or settlement.
30.
The Allottee agrees that
the name of the building to be constructed shall always remain as ”--------------”
and the logo of the Promoter shall be displayed at any prominent place/s on the
building to be constructed by the Promoter. The Allottee further agrees that
the name and the logo of the Allottee so displayed shall not be removed or
tampered with at any time in the future.
31.
The Allottee agree and
aware that the project will be completed in a phased manner and each Villa will
be consisting of single or multiple Villas. Each Villa (phases) will be handed
over to the allottees in phases as and when completed individually.
32.
The Allottee will not demand
for the common amenities until the entire construction of the Villas or phases
are completed.
33.
Any dispute arising between
the Promoter and the Allottee with regard to any of the terms of this agreement
or any matter under this agreement, interpretation of its terms
etc, shall be referred to an Arbitrator to be mutually agreed between
them. The Venue of the Arbitration shall be at ---------- and Courts at ----------
shall alone have exclusive jurisdiction.
SCHEDULE - A
A. Piece
and parcel of Land being owner of the piece and parcel of land being -- Villas
measuring -- cents in S.No.--/-, --.-- cents in S.No.--/---, -- cents in
S.No.--/--, -- cents in S.No.--/--, --.--
cents in S.No.--/---- --.-- cents in
S.No.--/--, -- cents in S.No.--/--, --.---
cents in S.No.--/-, --.--- cents in
S.No.--/----, --.- cents in S.No.--/--, --.---
cents in S.No.-- /--, -- cents in S.No.--/-,
-- cents in S.No.--/-, -- cents
in S.No.--/-, -- cents in S.No.--/-, -- cents in S.No.--/-, -- cents in S.No.--/-, --.-- cents in S.No.--/--, measuring in all
Acre -.--.--- cents (--------- sq.ft), situate at No.--, --------Village, -------, -------
Taluk, ------- District, more fully described in Schedule A hereunder (Said
Land), and the Promoter purchased the same under Sale Deeds dated --/--/----, --/--/----,
--/--/----, --/--/----, --/--/---- and --/--/---- registered as Document
Nos.------ of 20--, ------ of 20--, ----- of 20--, ---- of 20--, --- of 20--,
and ------ of 20-- respectively in the office of the Sub Registrar, ----------;
and Settlement Deeds dated --/--/---- and --/--/---- registered as Document
Nos.----- of 20-- and ---- of 20-- in the office of the Sub Registrar, -----------------.
SCHEDULE “B”
All
that piece and parcel of land being Plot
No.--, measuring ----- sq.ft.
comprised in S.Nos.--/--
& --/-, in the DTCP Approval No.---- of 20-- dated --/--/----
and proceedings of the ------ Panchayat dated --/--/---- in Sanction No.--/20-- - -- situate at No.--, ------- Village,
------ Taluk, now ----- Taluk ------- District, bounded on the
North
by : Vacant Land of Community Hall.2
South by :Driveway
East by :
Villa Plot No.--
West by :
Villa Plot No.--
together
with ----- sq.ft. undivided shares
in the piece and parcel of land, measuring ------- sq.ft comprised in S.Nos. S.No.--/-, S.No.--/----, S.No.--/--, S.No.--/--, S.No.--/----,
S.No.--/--, S.No.--/--, S.No.--/-,
S.No.--/-----, S.No.--/--, S.No.--/--,
S.No.--/-, S.No.--/-, S.No.--/-, S.No.--/-,
S.No.—7/-- S.No.--/- and S.No.-- /-- situate at No.--, -------- Village, --------,
------ Taluk, now --------- Taluk, -------- District, situate within the Sub Registration District
of ------- and the Registration District of ---------.
SCHEDULE “C”
----- sq.ft. of built up area constructed in the Villa No.--
together with exclusive Balcony, car parking and proportionate share in
constructed common area as per the Sketch enclosed herewith.
SCHEDULE “D”
(Schedule of Payment)
Schedule
of payments to be paid by the Allottee to the Promoter for construction and
delivery of the SCHEDULE “C” PROPERTY:
|
Sl.No./Details
of the period of payment |
Amount (Rs.) |
Percentage |
|
1.
At the time of Land
Registration Completion of Foundation Completion
of Concrete Structure
or --/--/20-- whichever is earlier |
Rs. ------------/- |
57.98% |
|
2.
Completion of Wall
Masonry or --/--/20--
whichever is earlier |
Rs. -----------/- |
12.30% |
|
3.
Completion of Plastering or --/--/20-- whichever is earlier |
Rs. -----------/- |
12.30% |
|
4.
Completion of Flooring or --/--/20--
whichever is earlier |
Rs. ------------/- |
8.20% |
|
5.
At the time of Handing Over or
--/--/20-- whichever is later |
Rs.-------------/- |
8.20% |
ANNEXURE
(Features of the Villa)
|
a) |
STRUCTURE |
R.C.C. framed
structure with concrete blocks, masonry walls plastered smooth and cement painted |
|
b) |
FLOORING |
Vetrified
flooring with Rs.--/- per sq.ft as basic price. |
|
c) |
JOINERY |
Teak wood frame
with veneer skinned door for main door and country wood frames with commercial
flush shutter for inner doors. UPVC Windows with MS grills and clear glass
shutters |
|
d) |
KITCHEN |
Granite platform
with Carysil or equivalent single bowl sink |
|
e) |
GLAZED
TILES |
Up to Ceiling height in toilets and up to a height of
2 feet above kitchen platform. |
|
f) |
WARDROBES |
In bedrooms with
open masonry, without shelves. |
|
g) |
PLUMBING
AND SANITATION |
G.I./PVC
water lines and P.V.C waste water and
soil lines. Sump capacity – 6000 litres, 6
inches Bore well up to 60-100 feet
depth depending on the site condition, single over head tank capacity 1000
litres, septic tank capacity 1200 litres and leach pit capacity – 2000 litres |
|
h) |
SANITARY
FITTINGS |
White Sanitary
Fittings. |
|
i) |
ELECTRICAL
FITTINGS |
Concealed PVC
Conduit wirings with necessary service
points. PVC Conduits for T.V. antenna
and telephone. |
IN
WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS AND SIGNED THEIR NAMES
ON THIS CONSTRUCTION AGREEMENT ON --th DAY OF ----------, 20--.
ALLOTTEE PROMOTER
WITNESSES:
1.
2.
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