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lease 09.08.2023
lease 09.08.2023
WHEREAS the LESSOR has represented and held out that the LESSOR is the sole
and absolute owner and in vacant and lawful possession of a Warehouse being
Warehouse No. 1 IN Property No.107/1 admeasuring 23500 Sq. ft. built-up area
approx. and situated at Goravigere Village, Bidarahalli Hobli, Bangalore East Taluk,
Bangalore-560067 and more adequately described in Schedule I herein under
(hereinafter referred to as the “SAID WAREHOUSE/ LICENSED PREMISES”) and is
desirous of allowing the LESSEE, due to his bonafide needs and requirements, to
use the SAID WAREHOUSE for the purpose of operating its warehouse/ godown
therefrom on leave and license basis.
The LESSOR is absolutely seized and possessed of and or otherwise well and
sufficiently entitled to all that constructed portion being the Licensed Premises and
that the LESSOR has got all the approvals and permissions etc. and shall get/ assist
the LESSEE in getting all the requisite approvals, permissions etc. that may be
required for occupation, utilization and operation of the LICENSED PREMISES for
the purposes of warehouse of the Lessee as mentioned above and all such
approvals, permissions etc. are/ shall be valid and subsisting during the term of this
Agreement and that the LESSOR has full and unfettered rights to allow LESSEE to
occupy the Licensed Premises on Leave and License basis and on such terms and
conditions as he may deem fit.
• Agreement Period & Lock-in Period: That the LESSOR hereby grants to the
LESSEE herein a revocable leave and license, to occupy the Licensed
Premises, described in Schedule I hereunder written along with the right of
entrance, right to use the common areas and all other amenities and other
easementary rights belonging to the Licensed Premises without creating any
tenancy rights or any other rights, title and interest in favour of the LESSEE for a
period of 36 months commencing from 15th June’2023 (‘Effective Date’
hereinafter) to 14th June’2026. The Lock-in Period is 12 months.
• Payment of Interest Free Refundable Deposit: The LESSEE has already paid
a sum of Rs. 32,43,000/- (Rupees Thirty Two Lakhs Forty Three Thousand
Only) equivalent to 6 months’ License Fees to the LESSOR as an INTEREST
FREE REFUNDABLE SECURITY DEPOSIT for the term of this Agreement.
It is further agreed that the Lessor shall not entitled to adjust/deduct any amount
from the Security Deposit towards normal wear and tear of or minor damages to
the Licensed Premises. Delay in refund of Security Deposit shall attract interest
@18% per annum until its payment in full and the Lessee shall have the right to
retain possession of the Licensed premises until the refund of Security Deposit in
full along with interest without payment of License Fees in terms hereof. Lessee
shall have the right to get the Security Deposit adjusted towards two months’
License Fees during notice period or towards any other payable dues.
• Lessor’s Works: The Lessor has confirmed and undertaken that within a period
of 45 days from the Effective Date, the Lessor shall undertake and complete the
activities and provide the fittings, fixtures etc. (as mentioned in Schedule II
annexed herewith) to the satisfaction of the Lessee (‘the handover’ hereinafter)
and rest of the things shall be as per the Minutes of the Meeting dated 01-Jun-
2023 as per Schedule III annexed herewith.
• Maintenance Charges: The LESSOR will pay all rates, taxes, levies,
assessment, maintenance charges, non-occupancy charges, etc in respect of
the Licensed premises.
• Electricity and Water Charges: The LESSEE herein shall pay the electricity
bills directly for the energy consumed on the licensed premises used by the
LESSEE from time to time as per regular bills/ invoices raised by the
concerned authority/ company and shall submit original receipts to the
LESSOR indicating the electricity bills are paid. Water charges if any for the
period of this Agreement shall be paid by the LESSEE.
• Usage/Purpose: The LESSEE shall use the said Commercial Premises for its
own business use only “Warehousing/storage/stockings/distribution of
Fresh Vegetables, Fruits, Pulses, Staples, & day to day Fast Moving
Consumable Goods” and not for any other purpose and shall notgrant
permission to any other person/company/firm/private public entity/Institute to
use of the Licensed premises in full or part.
The LESSEE shall not any unlawful activities prohibited by State or Central
Government from the Licensed Premises.
• Parking Space: The LESSEE can park any CAR / TRUCK / LORRY /
TEMPO / BIKE etc at the space available in front of the premise at its own risk
and responsibility. The Lessor shall ensure uninterrupted and unhindered
ingress, egress and approach to the Licensed Premises for the Lessee, its
vendors, suppliers, contractors etc.
• Insurance: The Lessor, at his own cost and expenses, shall keep the
Licensed Premises (including the structures, fittings and fixtures etc. owned
by the Lessor) adequately insured during the term of this Agreement including
but not limited to fire, earthquake and flood insurance and provide copy(ies) of
such insurance policy(ies) to the Lessee. In the event of an accident or fire or
damages for any other reason (except for sabotage, wilful misconduct or wilful
negligence attributable to the Lessor or the Lessee) resulting in any loss,
financial or otherwise to either Party or to third parties, the Lessor agrees to
take up the matter with the concerned insurance company(ies) (including third
party liability).
The Lessee shall keep all its movable and immovable assets including
temporary structures in the Licensed Premises and leasehold improvements
for which it retains leasehold rights, insured against loss or damage by fire,
theft, explosion, riot, strike and terrorism damages. The Lessor will not be
responsible for any loss or damage resulting because of items which were not
covered by insurance to the extent the same is not due to any act and/ or
omission of the Lessor.
• Business Liabilities & Taxes: That the LESSEE is liable to pay its Business
Liabilities and all Direct Indirect Taxes Levied by Govt. and Semi Govt. or
Private/Personal liabilities, IMPORT DUTY, Excise, GST Tax, Service Tax, Loss
by Fire, Theft, Medical claims, Bank Liabilities, Insurance Premium etc. and shall
be borne and paid by it alone.
The LESSEE cannot claim the ownership of the Licensed premises on the basis
of Electricity Bill, Excise License, GST License, Gas Connection or any other
Municipal Corporation Licenses etc in the court matter as the ownership of the
Licensed premises wholly and solely belongs to the LESSOR and this is agreed
by the LESSEE.
• Termination and Expiry: After the expiry of the lock-in period, the Lessee shall
have the right to terminate this Agreement by giving written notice of 4 (Months)
days to the Lessor for any or no reason or on payment of 4 months’ License
Fees in lieu of the notice, in the sole discretion of the Lessee.
The Lessor shall not have the right to terminate this Agreement during the term
of 36 months unless the monthly License Fees is not paid by the Lessee
consecutively for total 2 months by the 15th of the second month and/ or there is
a material breach of any of the conditions and covenants to be observed and
performed by the LESSEE in terms hereof due to any wilful misconduct of the
LESSEE and if the cause(s) is/ are not rectified by Lessee within a period of 15
days from the date of receipt of written notice in this regard from the Lessor. In
case of such termination, the LESSOR shall be entitled to re-enter into the
Licensed Premises and repossess the same as his estate without prejudice to
his right to recover all arrears of License Fees and any actual damages to the
LESSOR for breach of such conditions and/ or covenants as referred herein
above.
In case of termination of this Agreement during the lock-in period by the Lessee
or by the Lessor in the circumstances mentioned above, the Lessee shall be
liable to pay License Fees for the unexpired period of the lock-in period.
Upon expiry or early termination of this Agreement, the Lessee shall handover
the peaceful vacant possession of the Licensed Premises and the Lessor shall
simultaneously refund the Security Deposit in terms of this Agreement without
any delay or demur.
• Alienation: In the event the Lessor sells or otherwise alienates his interest
in the Licensed Premises during the subsistence of this Agreement, the
Lessor shall ensure that the rights of the Lessee in terms hereof are
protected and are not adversely affected and the Lessee shall accordingly
attorn to the person in whose favour the sale or alienation is effected/ created
with respect to the terms and conditions of this Agreement.
The Lessor shall be responsible or entitled, as the case may be, for the
following throughout the term of this Agreement:
A. the Lessor shall fully co-operate with and extend all assistance as may be
required by the Lessee, at Lessee’s cost for obtaining approval(s) or
permission(s) or license(s) from any statutory authority as it may require for
LESSEE’s operation from the Licensed Premises or for any alteration and/ or
any installation of fixtures and fittings;
B. the Lessor shall clear and shall be responsible for all the pending dues related
to the period prior to this Agreement pertaining to the Licensed Premises from
any statutory authority including without limitation electricity charges, water
charges and any other applicable charges or taxes as applicable;
C. the Lessor shall promptly pay all property related taxes, duties, charges,
rates, cess, fees, taxes etc. imposed/ demanded by any statutory authority
and all increases and/ or fresh impositions or conversion charges thereof as
applicable and attributable to the Licensed Premises, immediately upon the
same becoming due and payable;
E. the Lessor shall ensure that during the term of this Agreement, the Lessee
shall be entitled to peaceful, physical and vacant enjoyment of the Licensed
Premises, subject to the Lessee performing its obligations under this
Agreement and the Lessor shall keep the Lessee harmless and indemnified
against all costs, charges, expenses, losses etc. accruing and/ or incurred by
the Lessee in relation thereto;
F. the Lessor shall promptly and regularly deposit the GST collected by it from
the Lessee to the credit of the Lessee to ensure that the Input Tax Credit
(ITC) in respect thereof is regularly available to the Lessee;
J. the LESSOR shall in no way be liable for any of the business activities or
other activities carried on by the LESSEE in the Licensed Premises, not for
any workmen’s compensation, claims, salaries, wages etc. in relation thereto.
• Subject to Lessor abiding to the terms herein, the Lessee shall, from the
Effective Date, pay the License Fees in full on the due date, without any delay
or default, provided the Lessee is not deprived of the usage of the Licensed
Premises in anyway whatsoever. The Lessee shall also pay the electricity with
respect to the Licensed Premises in respect of the electricity consumed by it.
However, Lessee shall not be liable to pay pending outstanding dues prior to
the Effective Date and the same shall be cleared by the Lessor. In case of
failure of Lessor to pay pending dues and/or any other sums payable by the
Lessor in terms hereof, Lessee shall have the right but not the obligation to
pay the same and adjust it from the License Fees payable to Lessor;
• the Lessee shall be entitled to carry out regular day to day maintenance and
minor repairs of the Licensed Premises so as to maintain the Licensed
Premises in good and tenantable state, subject to normal wear and tear. Upon
the expiry or earlier termination of this Agreement, the Lessee shall have the
right to remove the additional installations, Lessee’s fittings, fixtures etc. as
well as to dismantle and take away the temporary structures, sheds and the
materials etc. in the Licensed Premises without causing any damage to the
structure;
C. the Lessee shall obtain and maintain all sanctions, approvals and licenses
required for the purpose of its business operations from the Licensed
Premises at its own cost and expenses and shall comply with various
statutory requirements, rules and regulations as may be applicable to its
business operations therefrom and shall indemnify and keep indemnified the
LESSOR against all or any such costs, expenses, charges, penalties etc.
incurred by him on account of any default committed by the LESSEE in
respect thereof;
B. the Lessor has full power and authority to execute, deliver and perform its
obligations under this Agreement and this Agreement constitutes a legal, valid
and binding obligation enforceable against the Lessor in accordance with the
terms hereof;
C. the Lessee shall have free, exclusive possession of, and unrestricted access
to, the Licensed Premises for its business purposes as specified herein above
and in the manner provided in this Agreement together with unrestricted right
to use the common areas and facilities in and around the Licensed Premises;
E. subject to the following, the Lessor has all necessary valid consents/
approvals/ permissions as may be required to lease the Licensed Premises in
favour of the Lessee:
The LESSOR has represented, confirmed and undertaken that there is no
bar, hindrance, objection etc. in getting the General License from the Gram
Panchayat with respect to the usage of the Licensed Premises by the Lessee
as a warehouse as mentioned in this Agreement and that he shall extend his
full co-operation and assistance to the Lessee in obtaining the same as
required for use and occupation of the Licensed Premises by the LESSEE in
terms hereof, at LESSEE’s costs, expenses and efforts. It is however agreed
that notwithstanding anything to the contrary contained in this Agreement, in
case the General License as aforementioned is not received within a period of
45 days from the date of execution of this Agreement due to no fault and/ or
delay of the Lessee, the LESSEE shall be forthwith entitled, in its sole
discretion, to terminate this Agreement with immediate effect by paying
License Fees up to the date of such termination and no consequences as to
Notice period, Lock-in period etc. shall entail on the LESSEE.
• the Lessor shall, at all times, be responsible to ensure that the property tax,
yearly ground rent, municipal tax and all other statutory taxes levied from time
to time by any competent statutory authority on the Licensed Premises as well
as all other sums payable by the Lessor in terms hereof are regularly paid by
the Lessor in a timely manner;
SCHEDULE I
(Being the correct description of premises Warehouse which is the subject matter of
these presents)
SCHEDULE II
LESSOR’S WORKS
LESSOR will provide drainage facility as per the
1 Drainage requirement for example for crates washer.
LESSOR will provide the electricity meter as per
LESSEE’s requirement and 60HP for current
operation further will get increased as and when
required by the LESSEE for example 100KVA in
future but expenses shall be borne by LESSEE
assumption only the extra KVA rate will be
incurred. LESSOR will check for suitability of
2 Electricity existing transformer capacity to handle 100 KVA
Borewell with 40000 Litres of tank and Over Head
Tank is available and LESSOR will provide as per
requirement, LESSOR will provide the water piping
required from underground tank to overhead tank.
SCHEDULE III
Minutes of Meeting between Lessor and Lessee dated 01-Jun-2023
IN WITNESS WHEREOF the parties hereto have set and subscribed their respective
hands on this Agreement, the contents whereof have been read over and explained
to each of them in vernacular which they have admitted as true and correct and they
have understood the meaning, implications and contents hereof upon being satisfied
in all respects, in the presence of witness, who are identifying the executants, on the
day, month and year first above written.
LESSORs
Mr.N Appanna
Address: # 16,BMP 6 Chruch Road,
Near Kakade,Nursing Home
Bangalore North,New Tippasandra
Bangalore, Karnataka - 560067.
LESSEE
Beejapuri Fresh Products Pvt. Ltd
(Private Limited Company) , through his
Authorized Signatory Mr. Avinash D P
Address: #163, LIG 3rd A Cross , KHB Layout
Huskur Kodi,Near Orion Uptown Mall
Bangalore, Karnataka – 560067
Witness of execution of all executants