Dated _______ day of _____________ , 201___
B E T W E E N
SHRI SUVEN MUKHERJEE,
a n d
- & S. Advocate’s Associates
P – 137, Bangur Avenue,
Block – ‘B’, Kolkata – 700055.
Mob: +91 98308 25041/80131 00206/70441 91141.
LEAVE AND LICENSE AGREEMENT
For Hassle Free Home Accommodation at
(A Premium Service Apartment with Complete Home Solution)
THIS INDENTURE OF AGREEMENT is made on this ________ day of ___________________, 201___ (Two Thousand ___________) Christian Era.
B E T W E E N
SHRI SUVEN MUKHERJEE , son of Shri Nandalal Mukherjee and husband of SMT. SOMA MUKHERJEE, by faith ‘Hindu’, by occupation ‘Business’, by Nationality – Indian, permanently residing at Premises namely ‘PUSHPANJALI’, at P – 245, Bangur Avenue, Block – ‘A’, Post Office : Bangur Avenue, Police Station – Lake Town, Kolkata – 700 055, hereinafter called and referred to as the OWNER / LICENSOR (which expression shall unless excluded by or repugnant to the context be deemed to mean and include his heirs, executors, administrators, legal representatives and/or assigns) of the PARTY OF THE FIRST and/or ONE PART,
A N D
SHRI/MR./MRS. XXXXXXXXXXXXX (P.A.N.- XXXXXXXXXX), son/daughter of Shri/Late XXXXXXXXXXXXXXXXXX, aged about XX years, by faith ‘Hindu/Muslim’, by occupation Business/Service/Retired/Self Employed/House Wife/Others (Please Specify separately), by Nationality – Indian, residing at XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX, Post Office : XXXXXXXXX, Police Station – XXXXXXXXXXX, District - XXXXXXXXXXXX, Pin – XXXXX, hereinafter called and referred to as the LICENSEE for Accommodation Purpose Only (which expression shall unless excluded by or repugnant to the context be deemed to mean and include his/her heirs, executors, administrators, legal representatives and/or assigns) of the PARTY OF THE SECOND PART and/or OTHER PART.
WHEREAS the aforesaid Shri Suven Mukherjee the Licensor herein i.e. the party of the First Part is the absolute appointed-in-charge of Smt. Soma Mukherjee, the Owner/Vendor herein of the Accommodation for Residential Apartment namely ‘PORICHAY’ at the House/Premises No. 246, Bangur Avenue, Block – ‘A’ 3rd Floor, Post Office – Bangur Avenue, P.S. – Lake Town, Kolkata – 700 055, having 4 (Four) numbers of different Accommodation for different numbers of Residential Purpose accommodation/occupancy for a particular license period of 11 months and/or requirement basis of the Party of the Second part as abovementioned.
AND WHEREAS the Service Apartment has 4 different numbers of Accommodation which has been separated according to Suite/Floor area, which are described as following:-
SUITE/FLOOR – 1 – Total – 450 Square Feet, which can be use or accommodate by 2 (Two) numbers of head, measuring more or less having 1 (One) Bed Room, 1 (One) attached Modular Kitchen, 1 (One) Attached Bathroom and 1 (One) Balcony.
SUITE/FLOOR – 2 – Total – 750 Square Feet, which can be use or accommodate by 5 (Five) numbers of head, measuring more or less having 2 (Two) Bed Rooms, 1 (One) attached Modular Kitchen, 2 (Two) Bath Rooms and 1 (One) Balcony with Hall.
SUITE/FLOOR – 3 – Total – 1200 Square Feet, which can be use or accommodate by 7 (Seven) numbers of head, measuring more or less having 3 (Three) Bed Rooms, 2 (Two) Modular Kitchens, 3 (Three) Bath Rooms and 2 (Two) Balconies.
SUITE/FLOOR – 4 – Total – 650 Square Feet, (which can be use or accommodate by 3 numbers of head, measuring more or less having 1 (One) Bed Room, 1 (One) attached Modular Kitchen with Hall, 2 (Two) Bath Rooms and 1 (One) Balcony.
AND WHEREAS aforesaid Shri Suven Mukherjee the Licensor herein has been decided to License out the abovementioned Separate Accommodation/Suite/Floor Area according to numbers of head/persons, who has got the sufficient financial assistance and fair purpose for taking accommodation according to some rules and regulation which is to be followed by him/her in fair manner on the basis of LEAVE & LICENSE AGREEMENT for a period of 11 (eleven) months/or his/her requirement.
AND WHEREAS the party of the Second Part as abovementioned hereinafter called and referred to as the LICENSEE came to know the intention of the abovementioned LICENSOR i.e. Shri Suven Mukherjee as per the rules and regulation which is elaborately described and printed in this agreement. The purpose for taking the accommodation for a period of 11 (eleven) months or as per his/her/their requirement which is more, fully and particularly and elaborately described in the schedule herein mentioned at the foot of this agreement.
AND WHEREAS in the context of the facts and circumstance stated above, the Licensee i.e. XXXXXXXXXXXXXXXXX approached the Licensor to let him to use the said entire Suite/Floor area No. XXXXXX along with other amenities and facilities attached with the Suite/Floor, situated at the 3rd (Third) Floor of the Premises for a period of 11 (Eleven) months commencing on and from XXXXXX day of XXXXXXXXXX, 201____ and ended on XXXXXX day of XXXXXXXXXX, 201____ on the basis of Leave and License Agreement thereof.
AND WHEREAS the Licensor agreed to grant reserving for Licensee for cause maintenance and service of the said Suite/Floor area alongwith house/premises as described earlier on the basis of Leave & License only which will stand IF SOFACTO revoked on the expiry of the terms of 11 (Eleven) months computed on and from XXXXX day of XXXXXXXX, 201____ and which will be ended on XXXXX day of XXXXXXXX, 201____ and/or prior to that at the discretion of the Licensor.
AND WHEREAS both the parties hereto have agreed that the terms and conditions of this agreement should be recorded in writing in order to avoid in misunderstanding between the parties to this Agreement and also avoid any future dispute regarding the same.
NOW THEREFORE IT IS HEREBY EXPRESSLY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO as follows:-
1. THAT these presents shall not and shall not be deemed to create any relationship of landlord and tenant between the LICENSOR/OWNER and the LICENSEE in respect of the abovementioned Accommodation of the Residential Suite/Floor, situated on the Premises No. 246, Bangur Avenue, Block – ‘A’, Post Office – Bangur Avenue, P.S. – Lake Town, Kolkata – 700 055 for a period of 11 (Eleven) months shall be commencing on and from __________ day of _______________, 201_____ and will be ended on _________ day of _______________, 201_____ A.D. positively. Therefore this Agreement or Lease or otherwise creating any other interest in the proper in favour of the Licensee which is not at all the intention of the parties hereto but on the contrary it is merely a “TEMPORARY AGREEMENT” to allow the Licensee to use the said Suite/Floor area of the House/Premises as described in the Schedule hereunder written for Residential Accommodation under the control and supervision of the Licensor and/or his authorized representative (s). The owner/licensor and/or his authorized representative (s) shall personally take care, supervise and maintenance in the said Suite/Floor area of the House/Premises in question of the said Premises/House.
2. THAT, the LICENSEE shall pay to Shri Suven Mukherjee herein and/or his authorized person a sum of Rs. XXXXX/- (Rupees XXXXXXXX Thousand) only per month as License fees in advance in respect of the Residential Accommodation of the subject Suite/Floor.
3. THAT, the following terms and condition of the service apartment/Suite/Floor will be followed by the Licensee as abovementioned along with his/her other family members or friends/relatives, and after having clear pictures and ideas the Licensee is bound to follow the terms and condition and will not raise any obligation or objection regarding the same. The terms and conditions as follows :-
A) That, the advance of Rs. 5000/- (Rupees Five Thousand) only for BOOKING CONFIRMATION is not refundable at any cost against cancellation.
B) That, the Key Deposit of Rs. 5000/- (Rupees Five Thousand) only for the Set of Keys of the Apartment and related to building also will not be refunded if the Keys/Set of Keys are misplaced by the Licensee or his/her related person(s).
C) That, the Main Gate of the Building will remain open from Morning 6 a.m. to 10 p.m. at Night. If the Licensee and/or his/her authorized person(s) needs some extra times will be previously informed to the Attendant.
D) That, the Licensee accepts and admits that he/she has taken prior inspection regarding the services and accommodation along with list of materials, which to be provided by the Licensor and after getting clear idea and satisfaction with such systems of the Accommodation regarding the same.
E) That, the Licensee is bound to inform about his/her/their leaving time of the subject Suite/Floor before minimum 2 (Two) Hours, and after having clear information and inspecting the subject Suite/Floor the Licensor will refunded the Security Deposit at the time of leaving/Checking out the Suite/Premises.
F) That, the Licensee should be inform to our authorized person for interruption against any service(s) offered by the Licensor, which will be shorted out regularly.
G) That, the accommodation is strictly for residential purpose only, any kind of Public meeting, Get together, Parties and Business Promotions are not permitted inside the Suite/Floor.
H) That, the numbers of person(s) regarding accommodation is strictly restricted, other than the enlisted persons are not allowed inside the Suite/Floor, if not informed previously and will be treated as the Trespasser(s).
4. That, the License fee will be paid by the Licensee in advance as per agreement and stipulated date for the payment will be made by the Licensee as per English Calendar Month.
5. That, the period for agreement will be guaranteed by the Licensee, otherwise it will be treated as Breach of Contract and a half Months License fee will be deducted from the Total Security Deposit.
6. That, the Licensee is bound to declare the purpose of Residential Accommodation along with showing all the Original Identity Proofs such as Voter Identification/Driving License, P.A.N. Card and Aadhar Card along with 2 copies of Passport Size Photographs (optional) to prove his/her identification for complete the Agreement as per rules and regulation.
7. That, the internet connection is a dedicated service for the Licensee(s) for their entire period of stay, for any type of malicious activity/activities done by the Licensee and/or his/her related persons will be treated as criminal activities and for this the said Licensor and/or his authorized persons are not liable to such activities.
8. That, the Licensee shall further pay electricity charges which to be consumed by him/her in the demised Suite/Floor area of the House/Premises according to the reading of the Electric Meter which was installed by C.E.S.C. Limited, which is not included to the License Fee.
9. That, the Licensee shall not allowed/permitted to installed a permanent or fixed coal oven inside the kitchen, a domestic oven is already installed in the Kitchen and the Cost of Cooking Gas will be paid by the Licensee, which is not included with the License Fee, the kitchen should be used in such a manner that the House/Premises is kept neat and clean as it is.
10. That, the Licensee shall keep the Suite/Floor of the House/Premises in good order and condition and shall on the expiry of the said period of earlier termination of this agreement be liable or return the subject Suite/Floor along with fittings and the electrical goods of the Premises to the Licensor in the same condition, in which he/she is presently permitted to use, reasonable wear and tear excepted and any loss or damage due to breakage and/or theft whatsoever and in that case a further amount to be charged by the Licensor for repairing the said Suite/Floor after vacating the same by the Licensee, which to be mutually settled upon. Any damage as aforesaid shall be borne by the Licensee at his/her own cost.
11. That, the Agreement will remain valid for 11 (eleven) months from the date of execution of these presents and will be effective from the ________ day of ______________, 201_____ ended on ________ day of _______________, 201_____. The Licensee will vacant the subject Suite/House/Premises on the expiry of 11 (Eleven) months and under no circumstances the time of License period will be extended and the Licensor reserved the right to take possession in whatsoever and howsoever manner as the Licensor may deem fit and proper.
12. That, the Owner/Licensor and/or his authorized representatives shall have the full right to enter into the demised Suite/Floor or any portion of the Premises at any reasonable time for any purpose including inspecting the conditions thereof without hampering the privacy of the Licensee.
13. That, the LICENSEE shall not make any addition and alteration in the said Suite/Floor, the Licensee and/or his/her representatives can’t nail the Suite/Floors walls, any poster, photograph and fixing Cello Tapes and any types of color/colorful materials are strictly prohibited, any and if any repair is necessary than the Licensees shall have to obtain the written consent or permission from the Licensor and to make the same without hampering the original shape and structure of the any portion of the House/Premises.
14. That, the regular maintenance expenses and replacement thereof are to be done by the Licensor at his own supervision, if any damage occurred whatsoever will be carried/borne by the Licensee and further to fix wire nail on the wall of the Suite/Floor is strictly prohibited.
15. That, the Licensee shall not cause or permit to be caused any disturbance and/or creating any nuisance in or around the vicinity of the Suite/Floor of the demised House/Premises or any part of the Said Premises. Playing Loudspeaker in high volume is also prohibited in the Suite/Floor of the subject premises.
16. That, the Licensee shall not use the House/Premises for any illegal or immoral purpose. It is also pertinent to mention here that the Licensee never use the subject House/Premises for a purpose of ‘Nursing Home’ or as a ‘Guest House’.
17. That, the Licensee shall pay the settled License fees in proper time, if the Licensee fails to pay the License fees for a period of consecutive 07 (Seven) days then the Owner/Licensor reserves the right to rescind this Agreement and take possession of the subject House/Premises by any mean whatsoever or howsoever as deem fit and proper by the Licensor. If the Licensee shall not pay License fee mentioned herein then in that case the licensor will deduct the amount from his security deposit as deem fit and proper.
18. That, it is hereby clearly understood and agreed between the parties that the LICENSE hereby granted in personal to the LICENSEE and that nothing in these presents shall be construed to offer any legal right of tenancy upon the Licensee or any interest whatsoever nature in the subject Suite/Floor along with House/Premises and that the Licensee can enjoy and use of the subject Suite/Floor of the House/Premises to the terms and conditions to this Agreement herein before contained.
19. That, it is also pertinent to mention here if the Licensee desirous to re-enter to the said Leave and License Agreement for further period on basis of the same terms and condition with the Licensor and/or his attorney, the Licensor herein mentioned has full right and power to decline the same, but if the Licensee agreed to increase the said License fee @ 10 % (Ten percent) of the existing License fee with good, peaceful, diligent manner and behavior, then the Licensor has an option to do the same at his own discretion, relation and determination, for which the Licensee will not raise any objection and/or claim whatsoever from his end.
20. That, if the Licensee commits any breach of the terms as aforesaid on its parts thereof to be observed and performed/the owner may at his own discretion, determine and/or revoke this Agreement and re-enter upon and take possession of the demised House/Premises and shall not be under any obligation to provide the facilities as mentioned herein before.
21. THAT, the Licensee can vacate the peaceful possession of the subject Suite/Floor anytime and for that the information period will be minimum for atleast 15 (Fifteen) Days before leaving the subject Suite/Floor and the Licensee is also bound to hand over the subject Suite/Floor before 2 (Two) Working Hours for inspection, and the Licensee in this juncture will not raise any objection, thereof.
22. THAT this Agreement will be typed in Original in a Rs. 10/-/20/- Non-judicial stamp paper as such the original copy shall be kept by the LICENSOR and the duplicate/photo copy will retain by the LICENSEE thereof.
23. ATTENDANTS TIMINGS AND SPECIFIC DUTIES:-
Timings – Morning 6 a.m. to 8 a.m. and Evening 8 p.m. to 10 p.m.
Duties – Mainly Look after to the Guests, Housekeeping and Maintenance of the Suites/Floors.
N.B. # Sunday in the Evening (2nd Half) is Weekly Off, for that reason we are very sorry to the Guests, inconvenience regretted.
# That the Extra time duty of the attendant will be charges extra, which will be paid by the Licensee.
SCHEDULE REFERRED TO ABOVE
(Description of the Suite/Floor to be licensed out)
BEING THE SUBJECT MATTER OF THIS LEAVE AND LICENSE AGREEMENT for a period of 11 (eleven) months computed on and from _______ day of _______________, 201_____ and will be ended on ________ day of _______________, 201_____ A.D. in respect of the one complete habitable condition Suite/Floor being No. _______, having an area of XXXXXXXXX (XXXXXXXXXXXXXXXX) Square Feet more or less, consisting of XXXXX (XXXXXXXXX) Bed Room(s), XXXXX (XXXXXXXXXXXXX) attached Dining Room, XXXX (XXXXXX) Kitchen, XXXXX (XXXXXXXXX) Bath Room(s) and XXXX (XXXXXXXX) Balconies with interior decoration and other aminities and household instruments with the attached Suite/Floor situated on the 3rd Floor situated at Premises No. – 246, Bangur Avenue, Block – ‘A’, P.O. – Bangur Avenue, P.S.- Lake Town, Kolkata – 700055, District – North 24 Parganas.
IN WITNESS WHEREOF both the parties have gone through the subject matter of the LEAVE AND LICENSE AGREEMENT after having clearly understood the terms and conditions and recitals and put their respective hands and seals on this presents in presence of the following witnesses on the day, month and years first above written.
SIGNED, SEALED & DELIVERED
SIGNATURE OF THE LICENSOR
SIGNATURE OF THE LICENSEE(S)
In presence of the following:-
W I T N E S S E S:
Drafted by me as per instructions
of the parties hereto and prepared
in my office.