LEASE OF LAND TO GOLF CLUB
THIS LEASE made at……………….the……………….day of……………….20…………… between A, son of……………….resident of……………….(hereinafter called the Lessor) of the ONE PART and Golf, Club, a company incorporated under section 25 of the Companies Act, 1956 and having its registered office at……………….(hereinafter called the Lessee) of the OTHER PART.
WITNESSETH AS FOLLOWS:
(1) In consideration of the rent and the. Lessee's covenants hereinafter reserved and contained, the Lessor hereby demises to the Lessee all that the land bearing Plot No ………………Survey No............................ , Hissa No . ……………….Tehsil……………….District............ more particularly described in the Schedule hereto and delineated on the Plan hereto annexed at Annexure I and thereon shown by Green colour boundary line hereinafter called the demised premises to hold the same unto the Lessee for the term of……………….years from the……………….day of……………….paying therefor during the said term the yearly rent.of Rs……………….by equal quarterly payments on the……………….day of................. , ………………. day of................. , ……………….day of……………….day of……………….in every year and the first payment to be made on……………….and the last to be made one quarter in advance in each case without any deduction.
(2) The Lessee hereby covenants with the Lessor as follows
(a)To pay the rent reserved herein on the day and in manner hereinbefore appointed.
(b) To pay all existing and future taxes, rates, assessments, cess, levies and outgoings whatsoever charged or imposed upon the premises or upon the owner or occupier in respect thereof.
(c) Not to erect or suffer to be erected on any part of the demised premises any building or to make any alterations in the buildings or constructions erected or constructed on the demised premises without the previous consent of the Lessor in writing.
(d) To use the demised premises and such buildings as may be erected thereon as golf links and club-house for the members of the Club and their staff only and for such other games or recreations (if any) as may be approved from time to time in writing by the Lessor.,
(e) Not to assign, underlet, transfer or part with the possession of the demised premises or any part thereof without prior consent, in writing of the Lessor.,
(f)Not to cut down or injure any trees, plants or hedges or remove any soil, clay, sand or other materials from the demised premises.
(g) On the expiration or sooner determination of the said term, to surrender peaceably and yield up the demised premises to the Lessor.
(3) The Lessor hereby covenants with the Lessee as follows
(a)That the Lessee paying the rent hereby reserved and performing and observing the covenants and stipulations herein contained and on his part to be performed and observed shall peaceably hold and enjoy the demised premises during the said term without any interruption by the Lessor or any person claiming under or in trust for him.
(b) That the Lessor shall pay the land tax now imposed or hereafter to be imposed on the demised premises.
(c) That the Lessee may construct at its own expense a Club House with necessary offices on the demised premises in the area delineated on the annexed Plan by Red colour boundary line, for the accommodation of its members and servants, according to such plans as may be approved by the Lessor.
(4) Provided always and it is hereby agreed as follows
(a) If the rent hereby reserved or any part thereof shall be in arrear for one month (whether formally demanded or not) or if there shall be a breach of any covenant or stipulation contained hereinabove or if the Club ceases to exist, it shall be lawful for the lessor to re-enter on the demised premises and thereupon the term hereby created shall forthwith determine, without prejudice to the Lessor's rights and remedies In respect of recovery of rent or for any such breach.
(b) On the expiry or sooner determination of the term, the Lessee may remove all or any buildings, structures or fixtures placed by it on the demised premises without damaging the demised premises, unless the Lessor shall before such determination give notice to the Lessee of his intention to purchase the same or any of them at a price to be agreed upon between the parties or in default of such agreement by two valuers (one to be appointed by each party) or an umpire.
(c)The term of lease can be determined by three months previous notice in writing to the other party and the term shall thenceforth cease and determine on the expiry of period of notice, without prejudice to any claim which either party may have against the other in respect of any breach of any covenant or stipulation herein.
(5) Any consent or notice requiring to be given hereunder shall be in writing and if given by the Lessor shall be sufficient, if signed by the Lessor or his duly authorised agent in this behalf, sent under registered post to the Lessee at the above address of the Lessee and any notice to be given to the Lessor shall be sufficiently served, if signed by duly authorised officer of the Lessee and addressed to the Lessor and sent under registered post to the above address of the Lessor.
(6) If any question or dispute shall arise between the parties relating to interpretation of this Deed or any rights or liabilities hereunder, the same shall be referred to two arbitrators or their umpire pursuant to the Arbitration Act, 1940 or any statutory modification thereof.
(7) This Lease Deed shall be executed in duplicate. The original shall be retained by the Lessor and the duplicate by the Lessee
(8) The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof shall be borne and paid by the Lessee.
(9) The marginal notes and the catch lines hereto are meant only for convenience of references
and shall not in any way be taken into account in the interpretation of these presents.
The Schedule above referred to
Annexure
IN WITNESS WHEREOF, the Lessor has set his hands to these presents and a duplicate hereof and the Lessee has caused common seal to be affixed hereunto and a duplicate hereof on the day, month and the year first above written.
WITNESSES Signed and delivered by A, the within named Lessor
1 The common seal of Golf Club, the within named Lessee was hereunto affixed pursuant to the
2. resolution of the Board of Directors passed on ............. in the presence of S/Shri……………….and……………….Directors who have signed these presents in token thereof.
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