Common use of WHEREAS THE PROMOTER DECLARES THAT Clause in Contracts

WHEREAS THE PROMOTER DECLARES THAT. A. The Promoter is in lawful possession of the land at Plot No. 22,23 Kh.No.1152/930 Revenue Village, Xxxxxxxxx Villas (Devali), Udaipur (Raj.)-313002 with a total area admeasuring of 1699.53 square meters (hereinafter referred to as “Project Land” and more fully described in the Schedule 1 Part A). B. The Promoter has a legal title to the Land with legally valid documents and is lawful owner of the land. C. The Promoter has obtained all other necessary permissions and approvals to develop the said property. D. The said land is earmarked for the purpose of Residential project, comprising 25 Apartments and the said project shall be known as “Amarkunj”. E. The Promoter is fully competent to enter into this Agreement and all the legal formalities with respect to the right, title and interest of the Promoter regarding the said land on which Project is to be constructed have been completed. F. TheUIT Udaipur has granted the commencement certificate to develop the Project vide its approval number 1069 Dated 23/07/2005 G. The Land is Free from All Encumbrances. H. The Promoter has conceived, planned and is in the process of constructing and developing a real estate project known as “Amarkunj” after getting necessary permissions/ approvals from the concerned competent authorities and which inter- alia comprising of apartments and includes the common areas, the development works, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, on a piece and parcel of Land admeasuring 1699.53 square meters situated at Plot No. 22,23 Kh.No.1152/930 Revenue Village, Xxxxxxxxx Villas (Devali), Udaipur (Raj.)-313002.The location details are fully described in the Schedule 1 Part A . I. The Project has been registered with the Real Estate J. The Site Layout Plan of the said Project has been approved by the UIT, Udaipur vide its Letter No. 1069 Dated 23/07/2005._ A copy of the Site Layout Plan is enclosed. K. Approval of Specifications of the Said Project and permission L. The details of Floor plan of the Apartment is given in Schedule 2. M. The details of plan of development works to be executed in the proposed Project and the proposed facilities to be provided thereof including fire-fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy etc., as provided under clause (e) of sub-section (2) of section 4, are specifically mentioned in Schedule 4. N. The details of salient features of the proposed Project including access to the project, design for electric supply including street lighting, water supply arrangements and site for disposal and treatment of storm and sullage water, any other facilities and amenities or public health services and other internal development works proposed to be provided in the Project, are specifically mentioned in Schedule 5. O. The details of other external development works to be taken for the project are specifically mentioned in Schedule 6. P. The details of specifications of material used in construction are specifically mentioned in Schedule 7. Q. The stage wise time-schedule of completion of the Project/ Phase thereof including the provisions of civic infrastructure like water, electricity, sanitation and all other above- mentioned internal/external development works is specifically mentioned in schedule 8. R. Temporary fire NOC for the Project has been a : Not Applicable. S. The Airport Authority of India has also granted NOC for height clearance for the Project Not Applicable T. NOC for Environmental Clearance from the department concerned is : Not Applicable U. Public Health & Engineering Department is not applicable for the Project. V. The Promoter has opened a separate account in Branch Sector 14, Xxxxx Xxxxx Udaipur of The Udaipur Mahila Urban Co.Op. Bank for the purpose as provided in subclause (D) of clause (l) of sub-section (2) of section 4. W. The Allottee(s), being aware of the Project and details given in the advertisements about the Project made by the Promoter and/or on visiting the model of the Apartment/ Building, has X. The Allottee has applied for an apartment in the Project vide application no. ….. dated …….. and has been allotted apartment no. ….. having carpet area of …….. square feet, type ……, on …. floor in [tower/block/building] no. ……. Y. The Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein. The Parties hereby confirm that they are signing this Agreement with full knowledge of the all laws, rules, regulations, notifications etc. applicable to the Project. Z. The Parties, relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter AA. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the Apartment.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

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WHEREAS THE PROMOTER DECLARES THAT. A. The Promoter is in lawful possession of the land at Plot No. 22,23 Khno.No.1152/930 Revenue VillageA3 &A4, Xxxxxxxxx Villas (Devali)Scheme Xx.0, Udaipur (Raj.)-313002 Xxxxxxx Xxxxxx, Jaipur-302039 Rajasthan with a total area admeasuring of 1699.53 622.73 square meters (hereinafter referred to as “Project Land” and more fully described in the Schedule 1 Part A). B. The Promoter has a legal title to of the Land with legally valid documents and is lawful owner of the land. For Plot no. A-3 Jaipur Development Authority, Jaipur has issued a patta in favor of Xx. Xxxxxx Xxxxx bearing patta no. 7868 dated 24/05/2003 after that above named Xx. Xxxxxx Xxxxx executed a Registered Power of attorney on 05/12/2005 in favor of Xx. Xxxxx Xxx duly registered in the office of Sub-Registrar, Jaipur V on 05/12/2005 at Book No. 4, Volume No. 5 at Page No. 52, registered no. 2005000418 and copy of deed has been affixed in additional Book No. 4 Volume No. C. The Promoter has obtained all other necessary permissions and approvals to develop the said property. D. The said land is earmarked for the purpose of Residential projectProject comprising of 48 Apartments/Flats, comprising 25 Apartments along with common area and facilities in the building and the said project shall be known as “Amarkunj”‘XXXXXXX PRIME’ ("Project"). E. D. The Promoter is fully competent to enter into this Agreement and all the legal formalities with respect to the right, title and interest of the Promoter regarding the said land on which Project is to be constructed have been completed. F. TheUIT Udaipur E. The Jaipur Development Authority, Jaipur has granted the commencement certificate to develop the Project vide its approval number 1069 Dated 23/07/2005JaViPra/Xx.Xx.Xx/XXX(X.X.)/0000/X- 3676 dated 04-11-2022. G. F. The Land land is Free free from All all Encumbrances. H. G. The Promoter has conceived, planned and is in the process of constructing and developing a real estate project known as “Amarkunj” ‘XXXXXXX PRIME’, (hereinafter referred to as the 'Project') after getting necessary permissions/ approvals from the concerned competent authorities authorities/JDA and which inter- inter-alia comprising of apartments apartments/ buildings and includes the common areas, the development works, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, on a piece and parcel of Land admeasuring 1699.53 square meters 622.73 sq. mtrs. situated at Plot Nono. 22,23 Kh.No.1152/930 Revenue VillageA-3, Xxxxxxxxx Villas (Devali)A-4, Udaipur (Raj.)-313002.The Scheme no. 2, Xxxxxxx Colony, Jaipur 302039, Rajasthan and latitude & longitude of the end points of the Project are ……………. respectively. The location details are fully described in the Schedule 1 Part A Schedule-1. I. H. The Project has been registered with the Real EstateEstate Regulatory Authority on J. I. The Site Layout Plan layout plan/ site plan of the said Project has been approved by the UIT, Udaipur sanctioned vide its Letter No. 1069 Dated 23/07/2005JaViPra/Xx._ A Xx.Xx/XXX(X.X.)/0000/X-0000 dated 04-11-2022 by the Jaipur Development Authority, and copy of the Site Layout Plan which is enclosedenclosed as Schedule-2. K. J. Approval of Specifications specifications of the Said Project and permissionpermission of building construction upto Stilt + 18 meters height (Stilt + Ground floor + 4 Floor) under the relevant legal provisions has been accorded vide Letter No. JaViPra/Xx.Xx.Xx/XXX(X.X.)/0000/X- 3676 dated 04-11-2022 by the Jaipur Development Authority. The specifications of the Project are as under:- L. K. The details of Floor plan of the Apartment No……. and for tower/ block of the Project is given in Schedule 23. M. L. The details of plan of development works to be executed in the proposed Project and the proposed facilities to be provided thereof including fire-fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy etc., as provided under clause (e) of sub-section (2) of section 4, are specifically mentioned in Schedule 4.as under :- N. M. The details of salient features of the proposed Project including access to the project, design for electric supply including street lighting, water supply arrangements and site for disposal and treatment of storm and sullage water, any other facilities and amenities or public health services and other internal development works proposed to be provided in the Project, Project are specifically mentioned in Schedule 5.as under O. N. The details of other external development works to be taken for the project are specifically mentioned in Schedule 6. P. as under O. The details of specifications of material used in construction are specifically mentioned in Schedule 7. Q. as under :- P. The stage wise time-schedule of completion of the Project/ Phase thereof including the provisions of civic infrastructure like water, electricity, sanitation and all other above- above-mentioned internal/external development works is specifically mentioned in schedule 8.as under:- R. Q. Temporary fire NOC for the Project has been a : Not Applicableis not applicable. S. R. The Airport Authority of India has also granted NOC for height clearance for the Project Not Applicable T. NOC for is not applicable. S. Environmental Clearance from the department concerned The State level Environment Impact Assessment Authority, Rajasthan is : Not Applicable U. not applicable. T. NOC from Public Health & Engineering Department is not applicable for the Projectapplicable. V. U. The Promoter has opened a separate account in SSG Xxxxxx College Branch Sector 14, Xxxxx Xxxxx Udaipur of The Udaipur Mahila Urban Co.Op. ICICI Bank for the purpose as provided in subclause sub-clause (D) of clause (l) of sub-section (2) of section 4. W. V. The Allottee(s), being aware of the Project and details given in the advertisements about the Project made by the Promoter and/or on visiting the model of the Apartment/ Apartment/Flat/ Building, hashas applied for allotment and to purchase a Apartment/Flat/ Building (hereinafter referred to as the 'Apartment/Flat') in the Project vide his/her/their/its application dated………………. The allottee(s) has also deposited a sum of Rs………… (in words Rupees……………….) as an advance payment/ booking amount including application fee (not being more than 10% of the cost of the Apartment/Flat as provided in sub-section (1) of section 13) and agrees to make timely and complete payments of the remaining sale price as well as other dues under this Agreement as per terms and conditions of this Agreement. X. W. The Allottee Allottee(s) has applied for an apartment Apartment/Flat in the Project vide application no. ….. dated …….. and has been allotted apartment no. ….. having carpet area of …….. square feet, type ……, on …. floor in [tower/block/building] no. ……. Y. X. The Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein. The Parties hereby confirm that they are signing this Agreement with full knowledge of the all laws, rules, regulations, notifications etc. applicable to the Project. Z. Y. The Parties, relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enterenter into this Agreement on the terms and conditions appearing hereinafter; AA. Z. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the Apartment./Flat and the garage/covered parking (if applicable) as specified in para V. NOW THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO MUTUALLY AGREE ON FOLLOWING TERMS AND CONDITIONS, NAMELY:-

Appears in 1 contract

Samples: Agreement for Sale

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WHEREAS THE PROMOTER DECLARES THAT. A. 3.1 The Promoter is in lawful possession of the land at Plot scheduled land, being Xxxx Xx. 000, Xxxxxxxxx Xxxxx, Xxxxx No. 22,23 Kh.No.1152/930 Revenue VillageH, Xxxxxxxxx Villas (Devali)Gram Nahariya, Udaipur (Raj.)-313002 Chaksu, Jaipur admeasuring about 1440.83 sq. yards was purchased by the Promoter GRANDIOSE BUILDTECK PVT. LTD from M/s Ashish Buildcon Private Limited vide Sale Deed dated 13/06/2013 vide was duly registered with a total area admeasuring Sub Registrar, Chaksu, Jaipur on on 13/06/2013 at Book Xx. 0, Xxxx Xx. 000, Page No. 81 Serial No. 2013008541 and additional book no. 1, Zild no. 926 at page no. 323 to 330. The said plot of 1699.53 square meters (land is more particularly detailed in Schedule A attached hereto and shall be hereinafter referred to as the Project Scheduled Land” and more fully described ”. 3.2 Thereafter, the Jaipur Development Authority vide letter dated 28/06/2013 approved the name change of the land in the Schedule 1 Part A)JDA records. B. The 3.3 Accordingly, the Promoter has a legal title to the Scheduled Land with legally valid documents and is absolutely seized and is in lawful owner possession of the landScheduled Land. C. 3.4 The Promoter has obtained all other necessary permissions being the absolute owner and approvals in possession of the Scheduled Land framed a scheme for developing a project under the Affordable Housing Scheme 2009 to develop the said property. D. The said land is earmarked for the purpose of Residential project, comprising 25 Apartments and the said project shall be known as “Amarkunj”CEDAR HOMES” on the Scheduled Land. E. 3.5 The Promoter is fully competent to enter into this Agreement and all the legal formalities with respect to the right, title and interest of the Promoter regarding the said land on which Project is to be constructed have been completed. F. TheUIT Udaipur has granted the commencement certificate to develop the Project vide its approval number 1069 Dated 23/07/2005 G. The Land is Free from All Encumbrances. H. The Promoter has conceived, planned and is in the process of constructing and developing a real estate project Said Project under the Affordable Housing Scheme 2009 upon the Scheduled Land after getting necessary permissions/approvals from concerned competent authorities. The location details of the Said Project is fully described in Schedule A. 3.6 The PROMOTER has got necessary maps/plans in respect of the Project proposed to be developed / constructed on the said “Scheduled Land”, comprising of Flats and Common Area duly sanctioned in its name by the Jaipur Development Authority Jaipur vide its approval letter no JDA/Add. CTP/BPC/2014/D 1437 dated 19/06/2014. The Project, when completed, shall be known as “Amarkunj” after getting necessary permissions/ approvals from the concerned competent authorities and which inter- alia comprising of apartments and includes the common areas, the development works, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, on a piece and parcel of Land admeasuring 1699.53 square meters situated at Plot No. 22,23 Kh.No.1152/930 Revenue Village, Xxxxxxxxx Villas (Devali), Udaipur (Raj.)-313002.The location details are fully described in the Schedule 1 Part A CEDAR HOMES”. I. 3.7 The Promoter has not obtained construction finance or any other kind of loan for CEDAR HOMES and has not created security on the Scheduled Land by way of mortgage. 3.8 The Said Project has been registered with the Real EstateEstate Regulatory Authority (“Authority”) on dated and the Said Project’s Registration Certificate No. is . This Registration is valid for a period of years commencing from , unless renewed by the Authority. The details of the Promoter and the Said Project are also available on the website (www. ) of the Authority. J. 3.9 The following approvals and sanctions have been obtained in respect of the Said Project: (i) The Site Layout Plan of the said Project has been approved by the UIT, Udaipur vide its Letter NoJaipur Development Authority. 1069 Dated 23/07/2005._ A copy of the Site Layout Plan is enclosed.enclosed herewith and marked as Annexure- I. K. (ii) Approval of Specifications of the Said Project and permission L. The details permission of Floor plan of the Apartment is given in Schedule 2. M. The details of plan of development works to be executed in the proposed Project and the proposed facilities to be provided thereof including fire-fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy etc., as provided under clause (e) of sub-section (2) of section 4, are specifically mentioned in Schedule 4. N. The details of salient features of the proposed Project including access to the project, design for electric supply including street lighting, water supply arrangements and site for disposal and treatment of storm and sullage water, any other facilities and amenities or public health services and other internal development works proposed to be provided in the Project, are specifically mentioned in Schedule 5. O. The details of other external development works to be taken for the project are specifically mentioned in Schedule 6. P. The details of specifications of material used in building construction are specifically mentioned in Schedule 7. Q. The stage wise time-schedule of completion of the Project/ Phase thereof including the provisions of civic infrastructure like water, electricity, sanitation and all other above- mentioned internal/external development works is specifically mentioned in schedule 8. R. Temporary fire NOC for the Project has been a : Not Applicable. S. The Airport Authority of India has also granted NOC for height clearance for the Project Not Applicable T. NOC for Environmental Clearance from the department concerned is : Not Applicable U. Public Health & Engineering Department is not applicable for the Project. V. The Promoter has opened a separate account in Branch Sector 14, Xxxxx Xxxxx Udaipur of The Udaipur Mahila Urban Co.Op. Bank for the purpose as provided in subclause (D) of clause (l) of sub-section (2) of section 4. W. The Allottee(s), being aware of the Project and details given in the advertisements about the Project made by the Promoter and/or on visiting the model of the Apartment/ Building, has X. The Allottee has applied for an apartment in the Project vide application no. ….. dated …….. and has been allotted apartment no. ….. having carpet area of …….. square feet, type ……, on …. floor in [tower/block/building] no. ……. Y. The Parties have gone through all the terms & conditions set out in this Agreement and understood the mutual rights and obligations detailed herein. The Parties hereby confirm that they are signing this Agreement with full knowledge of the all laws, rules, regulations, notifications etc. applicable to the Project. Z. The Parties, relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter AA. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the Apartment.up to

Appears in 1 contract

Samples: Agreement for Sale

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