57 17.14 To deploy such suffrcient rcdevelopment of the said and prcper. g\^oy / u 17.15 To comply *ith the Insurance Corporation. 1948. Workm-an and al1 other applicable statutory laws while carrying out the Re- development of the said property. 17.16 To emule that the Society and,/or its Member are not hetd responsible for any acts and,/or omission on the part of the Developer, the Cont?cto$ appointed by the Developer, and/or any person deployed by the Developers for the purpose of redevelopment including but not limited for the accidents /mishaps that may take place at the Project site. t7.1',7 To decide and provide for Members Amenities to be tne sxrd and the New Building as the fit tnd ; 17.18 To identift, select and appoint a /s for the constuction of the New Buildilgs, com:non areas and facitities and all the infrastucturc in the Re-development of the said Propety and to negotiate their terms of appointment and to amend/modiry such tenns and to rcplace/substitute such contacto$ as deem fit and Eoper by the Developer. 17.19 To employ and/or engage labour, workmen, contractors, pe$onnel skilled and unskilled ro carry out the developmeot \^ork on rhe sai O Propeny and to pay the wages. remuneration and salary of such r[ ,E q_ labour. workmerL cono"","* -; ;;;.;;;; ;; V rhe Appticable Laws. {_lC 17.20 To appoint third party facility managemends for the maintenance and upkeep of the layout of the said plopertr.** , @- societ,' ov- "" """*", "* I 5y- - - trtt+-- --o,; @l- \o c"4{44 V \nl R&.^J , -L,Drn QYf:v\K'"tK ; U'4r*';'pff 58 construct, remove, dismantle, destoy, repair and maintain the walls ofthe said Property and/ot ofeach ofthe Phase. yxvl 'i e c t.i aaL.l L huts. storcs etc. to cover accommodation for staff and '.: c^ t and to ensue that all the materials likely to undergo deterioration are stored under suitable cover. 17.23 To undertake the actual construction ard Re-development of the said Property including construction of the New Building, the Members New Flats, the Developer's Premises, MHADA Premises, the Member's Amenities, t1re common areas and facilities, the layout, the infrastructure on / in the said Prcperty, infrastructue, parking, landscaping electrification, facilities and as may deem fit and proper bli the Developer. To amend, modiry, vary, alter, change, substitute and re-design the . plan and/or the building plans and/or the and,/or the lypical plans and/or the conceptual sectio11al elevations of the New ings and'or the said Sancrioned Plans as ma1 be necelsary in of the Re-deYelopment so far as such amendment does not the location of the Members area or floor of Members New 17.25 To designate any spaces/areas on the property ibr third service providels, for facilitating provision and utility services (including power, water, dminage and communication STP). Such designation may be lease, lea\.e and license basis or such other method as the q may deem fit. Futher, the inftasaucture (including cables, pipes, wires, meteN, antennae, base sub-stations and towers) in respect of the utility services may be laid./provided in the manner the N" Developer may require. The Developer and its workmen/ agents/ W hY- contractoN/ emplolees and any third-party contracts shall be enlilled to access and service such iniastructure and dtilities over Vr' \L--- the said Plopefiy. d$*fl>-t x I 5',,1.9 y'ut (vr @ r\A rilA I.o, yru V t *- & -rd'y &*' 59 17.26 To obtain, full occupation certificates in respect of New Buildings to be constructed on the said ime and completion of the Re-devel completion certificate thereof authorities. 17.27 To undertake the branding and marketing of the...-.. advertiseme[ts thereof. All the advertisement and matketing materials, brochures and imagery shall be of the specifications and content as may deem fit by the Developer. 17.28 Witl respect to the Developer,s premises, the Developer shall be entitled to sell the Developer,s premises under the provisions of RERA and rules made there under or any other method ofdisposal, transfer or alienation of prcmises accept and appropriate the coDsideratioD cffectual discharge for the payment the necessary deeds, docurnents The Developer shall comply with and responsibility towards the m lts capacity as "the Promoters" as de 17.29 The Developer shall be entitled to Eepare the agrcement of/for sale, allotment letters, ancillary agreements, deeds of sa1e, including such agrcements and contacts as may be required rmder the RERA and/or under any other statute in force in the form it may deem fit ("Sale Agreements") to be executed with the purchasem in respect of inter-alia the Developer's premises, and to execute and register p<- such Sale Agreements io its own name and to appear before the tl> L..--- \u Otfices of the Sub-Registrar of Assurances and-/or appropriate registering authority and to lodge for registration, all or any of the &K documents executed on its own behalf and on the behalf of the Society in pursuance to the Sales of the Developer,s memises arlf @-.- thereof. &&e : to admit executior x'" :;,;';1 ::":.T::::',:,: :::i:-:1:"::,::-"'.-i*,/""- N4 which will undefiake sales ofthe Develooer's premises. nA \i f,Z lilol {Fd)Y c.2Y{*',r $1*!} f"K t 'f';*. -{.,:-"}-lW uu)=. . it \ q g'- 3#&Y,Xh 60 ;; r, 17.31 o construct office and sample/show flats on the site of the said for the puryose of Sales. \IYOL\ J 1 -"- -'*"* o advertise and undertake activities for generating publicity for the through electronic and,/or pdnt media and-/or the intemet or in such other marmer and the installation and maintenance of hoardings and signage on the said Property with the Approvals of MCGN,V statutory authority. 1'1.33 To generally do any and all other acts, deeds. matlers and tltin .,' the ne- awetoruent{ffr r: ffi1,j"* ::::;; To claim refund of all refundable deposits which the Devel a shall have to pay to MCGM, MHADA or any concemed authodties' . in relation the development of the said Property, whether in the . name of the Developer or in the name of the Society, the Developer shall alone be entitled to get the rcfund of such deposit dtectly the concemed authodties and in order to enable the Developer obtain the same, the Society shall sign all the w tings, pplications, etc., as may be required by the Developer. In the event, such deposit being refunded dircctly to the Society by such authority, the said Society shall forthwith reimburse the same td the Developer. 17.35 Notwithstanding the aforesaid upon execution of this A$eement the Developer shall be neady entitled to apply to the concemed.r w authorities for sanction of plans as mentioned in this Agreement. Only upon plans being sanctioned the Developer shall be entitled to V- carry on with the development and more particularly mcntioned in V-- al- this Agreement. \ 6l the Developer and the Society in ratio of g0:20 between the Developer and the Society after deduction of all cost/ expenses in availing of such additional FSI. After completion of the entire redevelopment project, all ghts of Developers shall automatically come to an end. After such completion, if any additional FSI, additional TDR potentiality or such other additional benefits is made available on the said propety, then the same shall be the sole Eoperty of the Society and Develop€r shall not have any claim or share therein. Erqt ."t L 19. RIGHT OF DEVELOPMENT: The Society and the Members acknowledge the present Development Agreement shall be undertaking lot of efforts in charmelizing and mobilizing the rcsources and also appointing prcfessionals for the purpose ofgetting the plans in respect ofthe apart from spending substantial amount on sanctions, payment of premiums. acquiring availing Fungible FSI, payment of Fees, autho ties. Hence is an essential and integral expressly agreed and understood by and betweel (a) Save as otherwise mentioned in this Agreement,the said Society and its Membem shall at no time whatsoever be entitled to terminate, cancel and revoke the Development Agrcement or any part of the Agreement as executed between the parties including ail documents executed pu$uant hereto;the Society shall be entitled to teminat e this e- Agreement in the event of failue of the Developer to: {e_ (i) obtain IOD from MHADA, MccMalong with loadlag the f ;ff;ffiT:"fi: :T"#;'.i";::.]jl ;:' r,K marked as ANNEXURE a7',; @--- (ii) comply with all the conditions given in the IOD. original conies pff g . of which have to be submitted to the Architec of the projea for fl- ,Jr,'il"P;:':""'-WJ:M* ' [ ,T 'no, 9 ,{;-e ,Nf'^f yr,t " '; rNf'n["'" &y-- \ ^,1 dr n ,- d---'t' _W-{ r ) tr"JY;--lc Peffi 6-I'soqEF\ 62 be complied with before obtaining Commencement Yr.rY lu2- at the cost ofthe Developer; '{.;R 3 the approved plans from the concerned municipal authorities and give a notarized undertaking in writing on a stamp paper of Rs. 200/- @upees Two Hun&ed Only) that the plans will not be altered, without the written permission of the Society; (iv) make all payments like rental compensation, secudty deposits, hadship compensation etc.. which are agreed between rire Society ro be paid ro rhe Society; (v) execute with the Society and all the prcsent existing Members of the Society individual agreements in the form of rcgistered agreement of permanent alterrate accoomodation with the flat arca in carpet, floor and flat number with the approved certified building plans attached to it; and give all the cheques as compensation for the sunender of possession, as ageed herein. O) The Society shall also be entitled to forfeit the Security Deposit, simultaneously upo[ temination of this Agreement. (c) Subject to force majeure, in the event the Developer fails to d6tain sanction of plans from the authorities or comply with aly timelines mentioned herein or in the Tender document, the shall be entitled to terminate this Agrcenent and the * 1l enter into a deed of cancellation,within a pedod of one (l) .l: aa from the date of termination of this Agreement. In the eve11t. w. delay is caused by the Developer, beyond one (l) month in execution w\/ and registration of the deed of cancellation, the liable to pay ar anormt of Rs. 15,000/- (Rupees Only) per day as liquidated damages to the lbe 6:l cancellation of this Ageement Agreement shall stand tenninated. 20. STEP IN: kdY I -- la\ (a) After commencement of construction. 1;r ? carry out work as per schedule at any stage hlled in by Developer mentioned in Tender Part B, Society will step in (takeover) the projeat and corDplete the same as per the provisions of RERA inter alia by sale of secudty premises. (b) In such situation the Society shall inform the Developer about such non-perfomance / delay/ breach of tems and conditions in witing with 90 days' notice giving opportunity to Developer to rectify the said breaches within specified time. (c) If Developer fails to rectiry the tr-l?'i> r- ,) z--(.$qq', er ,, time period, thenSociety will step i be at liberty to sell the security of the entire project. ,qks.i, (d) In the event the sale proceeds are to complete the constuction of the entire building as per approved ptans, the soaiety will have the right to sell the unsold flats and have a right over the provision of RERA and right over amount llng and deposited in RERA Escrow account to recover the required funds to complete the entire project as per approved plans. k- (e) The tiabitities owing and under the present Agreement witt be the e- Developer's sole responsibility and io no case such liabilities will be on the Society and the Society will have a rigbt to conrjnue rcdevelopment etc. as thev may deem fit. il (D if after obtaining the Commencement Certificate for any reason "" V Developer is not able to carry out the construction at site for morc than 3 (three)months for reasons which could be solely altributable a O D& X the Developer, tike non- availability offimds or intemal managemert d,,/j- or administation, then Society alorc lnot individual Members] in th il V @}W q-"fr fl t)ro\ czg4ra/ .'.V, + J ;",o\ y{_!" ;ryh ! d-L'' r#*, nYWs"".. p 6,1 give Notice of 3 (three) months to the Developer to ..rY-\cy constuction activities at site. If despite notice, the lu"- unable to commence the construction at site, the Society affecting this Development Ageement and ights vested rmder it in favour of the Developer, identify through the project Architect the balance rcmaidng work to be compteted in respect of the proposed re-developnent and obtain the costs of the completion involved in balance work, The said rcport prepared by the Architect shall be acceptable ro the Society and the Developer. The.society thereafter, for completion of the balance work shall be enti appoint a Contmctor in joint consultatioD with the completing the project. The balance work shall be cost, charges and expenses of the Developer and on his appointment of the Contractor shall be on such terms and as may be mutually ageed between the Society and the Developer. /6ry;t]:$-rx The Contractor so appointed shalt be responsible for carrying out rhe 6:laa.t ]' l',' tli$\nstructlon of the proposed building as per the ptans sanctioned and -:'.1r{"\o,o""ooo lr"..f it'q'{ i[i-,' Iri!\-l \ \li,.t "':j'r ":- stipulated by the MCGM. such conrractor shatt work 3-9,1 1,-. ; rx.dder the supervision of the Developer. The Contractor shall be paid f,1);: 1..,, , -)his conhact consideration out of the proceeds lying/ deposited in \-\ ,.* -- .,.j ---^ RERA Account / Project Acco!.mt -ra t ^"' v& \ t+ 66 and conditions as recorded in these presents. No alterations or amendments of any of the tems, and provision mentioned herein, shall be valid. -.r:.--.q , effective, binding upon or enforceable against any ofthe pafiies here to unless the same is recorded in writing and signed by the parties hereto.; The Developers shall sell the flats in their entitlement only for residential purposes ard not for airy commercial activity, the new Flat Purchaser/s shall be given condilional acce-ss to their flats for udenaking interior works. Full and final possession of the New flat/s ro the ne$ Flat Purchaser/s shalt be by the Developers only after possession of all the newly constructed flats is offered to all the Members after obtaining the OC fiom MCGIM; 5 Once the development is complete and the Occupation Certificate , : ils recclived, the Developer will be entitled to use the Flat on the -' S' Cti.ra., '" .: *,"-, n- //t-(:"xt- l*'r.l-r'* , ',fuj floor as his own temporary olfice i.e. for personal use and o 1i. ,.,'. i.'Wt[ t*f, time as the same is not sold or sub- let. It is hereby ."-t,'S tt\}. .- :i 15 cl4frfied that the Developer shall only sell and/or sub - let the Flat \.'\.. .". r.l '" -, .fdfresidential purposes only and not ffi any commercial activity. \, ''\;*];2,+- The Developers shall make their own anangement for power & water once vacant possession of the flats are handed ovefo Developers (i.e. during the construction phase for the undertaking the Development Project) up to the time the New Flats are offered to each Member of the Society. I I the Developers shall be entitled to use tap $ater for , purposes at f)evelope6' own cost and pay the bills thereof as per the meter reading; 22.7 The Developers shall have the license to enter upon the said Prcperty for the purpose of redevelopment upon gefting the plans sanctione.d for constuction of the said New Buitding, the frr/ _ tV -o Z ' Deuelopers shall be entitled to demolish the said Building in l.r,' accordance with the ByeJaws, Rules and Regulations of the W -t- ,( MCGM withoul;any hindrance, obstruction denial, by the l,-V{ * ^?o, =PT"t *q.n'i \ v 7,\),u$i *r=.3,t* \ k+ ,ft'''c,,*uWLWr 61 Members or any person or trust for the Members/Society us lA44 22.8 It is strictly agreed and hereto that upon the upon the said Property to redevelop the same, the Developers shall enter upon the said Property as a licensee to carry out the constuction in the manner mentioned in these presents and at all material times, the possession of the said property shall always remain with the Society. For the pu4rose of redevelopment as contemplated herein, the Developen shall be at liberty to bring their workers, contractors, Engineers, laborers and such other staff and-/ or employees on the said Property including to bring and keep and / or store necessary materials on the said property lo start construction as per the tems mentioned herein and the Developers shall be responsible for thei completion of development work as coll u: 22,9 It is agreed that subject to I (Hn' granted in favour of the Developer GOEC Occupation r" YF. Certifi cate being obtained the Developer are sold. Hoq'ever the Deve to enter upon and caxryout such repairs as may be necessary during the defect liability period. 22.10 TyLe Developer shall have no lien over the plans, documents, receipts, NOCS etc. pefiaining to the said prope y^.lew Building ard the Developer undertake to hand over the same to l_he Society / 22.11 T\e Developer ftrlly indemnifies and shall keep firlly and I effectively indemnified the Society and its Members against all w \Y eventualities arising out ofthe sale or transfer ofthe Developers, Y Sale premises, including any breaches. fft expenses for disconnecrion ; @a A ,) v I *;Y,Y'ytw".-;M n,'",Jr$j Yf GW 'i*?{d*Y"flr \ ffirv*wr OE GL aIId Tata Power Compary Limited or such other authorities supplying gas/electricity in respect of the New Flats. Similarly the Developer shall be liable to all further deposit/s and/or any charges / additional required to be paid in respect of gas pipeline and/or electricity meter / cormection in respect of the Member,s New Flats. 22.t3 The Develop€rs do hereby agree that they shall be rcspo$lble to obtain and maintain, at their own costs, the requisite amount Labour Insurance, Project Insurance and other forms of Ins as may be mandatory or required and pay premium regularl the Developers shall complete construction and hand tv possession ofthe Members New Flat; 22.14 Durlng the erfire period of construction, the Developers have to provide an of'fice for the Society, \\'herein the Society can have monthly meetings jointly with DevelopeN / Members and can review the progtess and meet with an charge to be appointed by the Developers who would be wer any queries and address all complaints that may be by the Members until the construction is completed and the offer possession of the Members New flats as contemplated herein; 22.15 The Deleloper shali handover all the documents, installation drawings. warrantee documents along-with AMC Contact eotered with the installation company to the Society at the time of handing over the possession of the ploperty to the Society. The Society vwu shall thereafter look after the daltoday nlaintenance and operation, administration and managemenr of the pa*ing of vehicles of all ,\Y\ a-- the Members in such parking slots at its end and on its sole ,.\ ., discretion without involving the Developer in the same; o# u-%, 16 The UN/ Deveiopers shall comply with all the provisions of the Maharashtia Ownership of Flats Act, 1963 (MOFA),The RERA Act,20l6 and Maharashta Co-operative Societies Act,- 1960 )b-rA ( **g Yr w*}yioffie SY W \B e{,,trJN,?*H ./ (MCSA) and all other applicable statutory obligations there under -q'*$q lue koz, matter or thing in contravention of : pfovisiord bf t}e MOFA- , RERA MCSA and all other applica there rmder and amended thereto ftom time to time and/or any acts of omission or commission which is prejudicial to the interest of the parties herein; 22.17 The Developers shall after execution hercof be entitled to put up their name boardVbrand name at a conspicuous place in the "-i compound and OiH Tank of the Society subject to struchlal Ii stability. 22.18 On completion ofthe project, the Develope$ shall hand over to the Society all documents pertaining to the said Society Buildings as may have been obtained by the Developers their Architects from the Municipality and other which include but arc not limited I.O.D., Commencement Cerlilicate. Completion Certificate, from vaxious departments along with water, electric supply, Fire Fighting drawings, Contacts entered into with rhe of Elevators, its maintelance and repair conhacts, together with any Guarantees /Warrantigs for the same. , )) lo Any Service Tax or GST or any other statutory tax applicable till the time ofobtaining Occupation Certificate for the redevelopment Project shall be paid by the Developers and Members shall not be W t liable to pay the same. Provided however, after possession of the Members New Flat are offered by the Developers, if by reason of w- any amendment to the constitution or enactment or amendment of any other law, Cental or State, Service Tax, or any other levy imposed by the Govemment under any Statute or law this transaction is held to be liable to tax as a sale or otherwise, whether as uholll or in part and any inpuls or materials or equipment.s ^h W (!t"'1 )-- '& ,V 5r'rt )\/p; ( t* 1k q,q ff^.e A {&,2- (\ **, JL dY*$* rt \ Y vv w *8,& Y,g# 71 2 t-. The Stamp Duty and rcgistmtion charges, in Agreement. Power of Attomey, and payable on any other document required and/or the Members for the development of ard paid by the Developer. In case if any any of the ExistiDg Membe$, then for such additionat are4 the requisite prbportionate stamp duty and registration charges and GST as applicable shall be paid by such Member. 28. Both the parties shall have legal rights to seek specific perfomunce of the prcsent Agreement; 29. All the annexures hereto shall folm an inte$al part of this agreement and shall be read.and interpreted accordingly; 30. This Agreement shall be subject to Mumbai J .REG,SN 31. List of Annexures: The following of this Agreement - u,= 31.1 Annexure .l,-Copy ofplan i 1.2 Annexure,,2,, Details ofexi area of their flats, share certificale no. etc.; o --.vael S:9IABAN ui, 31.3 Annexure "3,,-{opy of letter of Developer; 31.4 Annexure of Resolution passed by the Society in the i] Special General Body Meeting held on 246 November. 2019 and letter dated 9rh December, 2019; 'y''., 31.5 Annexure ..5,' - Copy ofResolution approving the dmft of Y Development Ageement; i.:4 31.6 Antrexure..6" -List ofAmenities and Specifioations; 6- s- 31.7 Annexure..7,, - Schedule ofTimelines; 31.8 Annexure k8" - Details of area of Memberc New Flat. PK -% ,>'M' v'* $L vi- dffit,,r ^il i ' J/< tlYrtc^4 UaA-,]Il I I p,\,\ Xi,,-,A W C & il\__e, t)s t) %.r;y#wffi ,\ frtr 12 IN WITNESS WHEREOF the pafties hereto have affixed their seal ffi.?EET,Y'.i: iting the day and 1'ear herein above mentioned tl(2,' SCHEDULE ABOVE REFERRED'IO ---:-: f.THI SAID PROPERTY") ,r rt .; -:.. I All that piece and paxcel of land bearing CTS No-,,lilrt llot No. ZL admeasuring 940.60 Sq. Meters And admeasuring 943 Sq. Meters as per prope y Card or thereabouts of Andheri Village, Gulmohar Cross Road No. 12, J. V. p. D., Andhed (West), Mumbai 400 049 Taluka Andhe within the Murnbai Suburban District and the Building known as "The Golden Tobacco.Woi.ker's Co-operative Housing Society Limited" standing thereon and bounded as follows: On or towards the North On or towards the East Plot No.22 PIot No.5 & 27 &28 I On or towards the South Plot No. 23 On or towards the West 40.6 wide Road x \ 6-,#.& flf,wiB W;w# \@ *q' \... V w i\ # (.'v L\- de J", L*-vtP tltJ, EEH v tts v. v.9 $/1 t \ [,.I / /s'* ,+,\' w N/ d, 'rrfr 7i THE COMMON SEAL of the within named .THE SOCIETY" SNEH SAGAR, THE GOLDEN TOBACCO WORKER'S CO-OPERATIVE E--cf l* SOCIETY LIMITED Abovenamed was hereunto amx.ed pursuant to the Society,s Resolution dat; passed in that regard at its ) :,- '- t? Special General Meeting held, on the ) Day of throush ) IJ€V L E.\i.(.fui*rr* UNEJA. L. {oJn) ) L.illi.r.!l I nunn Inrl!1s,..r rreu"o"er, 5ArJ5* Y Kq*-{ &L '**) l// 7 in the ptesence of Witnesses: * 1. ,pl} *t{ -,1\ YYloY t!{ SIGI ->r9 ED SEA ED AND DELIVERED "-.,, :-, gqttr.-iiiEii- MEMBER SIGNED AND DELIVERED by the withinnamed "MEMBERS" FLAT NO.1 MR. NILESH V MIRGAL NO.2 MR. NEELESH K BHATIA &j:g5 fif'f,tr ii? Signaiue w_w :LEl, V, G \, PTn Le(t Hnnd lhrhh Hqt (r IPft H al Thumb