square-care_pms-agreement-bunk-house

PROPERTY MANAGEMENT AGREEMENT This agreement is made and executed on the day as defined in Schedule I (“Agreement date”) by and between ONE PART as defined in Schedule I (hereinafter referred to as the “Owner”, which expression shall, wherever the context so requires or admits, mean and include, his heirs, executors, legal representatives and permitted assigns); AND M/s. Square Dotcom Private Limited, a private limited company registered under the provisions of the Companies Act, 2013, having corporate office at Plot No. 122, Sector – 44, Gurgaon – 122003, Haryana, PAN AAUCS8074R (hereinafter referred to as the “Manager”, which expression shall, wherever the context so requires or admits, mean and include, his heirs, executors, legal representatives and permitted assigns) OTHER PART; The ONE PART and OTHER PART are hereinafter jointly referred to as “the Parties” and severally as “the Party”.

WHEREAS: 1. The Owner is in lawful possession and has a clear, absolute, unrestricted title and registered ownership rights with respect to the residential property as defined in Schedule I (hereinafter referred to as “Property”).

2. The Owner has approached the Manager to perform Property Management Services (hereinafter referred to as the “Services”) on behalf of the Owner for the Property specified above and also to which the Manager has agreed.

3. The Manager is in the business of Property Management, Tenancy Management, and other related services through its division – “Square Care”.

4. The Manager and the Owner agrees that this arrangement is solely between them and the developer – Concept Horizon Infra Private Limited do not make representation regarding any of the clauses contained herein neither will they have any liability whatsoever under this Agreement.

NOW THIS AGREEMENT WITNESSETH AS UNDER: 1. TERM & VALIDITY OF THE AGREEMENT (a) The agreement shall come into force on the date Owner obtains the unhindered possession of the Property (hereinafter referred to as the “Effective Date”) and hands over the right to the Manager to put the Property on rent. Owner shall be sole responsible to obtain the possession of the Property from the builder / developer.

(b) The Manager has the exclusive right to manage and lease property for the duration of this agreement. Both parties agree that Manager has sole cause of any lease of, or agreement to any lease of, Property, whether made in writing or orally. (c) The Agreement shall remain valid for the period of 2 years from the Effective Date.

2. SCOPE OF SERVICES (a) The Manager will make the arrangement to lease the Property as soon as possible after the Effective Date. (b) The Manager will collect the rent (“Monthly Rent�), from the Tenant on or before the due date, and issue receipts to tenants. The Owner will be paid out monthly rent as specified under clause 3. Disbursement to Owner will occur on or before 10th of each month, as long as tenants have fully paid rent. (c) Manager do not assume responsibility of any rent payment disputes with tenants.

Payment shall be made to the Owner either by cheque or electronic transfer as agreed between the parties. (d) Following are the ancillary / incidental services to be provided by the Manager: (a) Operates and controls Property. (b) Compiles, negotiates, and executes new leases, renewals, security deposits, validity, terminations etc. (c) Coordinates and oversees repair services deemed necessary by Owner, or contractually required under a lease; pay for services with Owner’s funds. (d) Collects rent from tenants when due, making no guarantees as to regular payment from tenants. (e) Seeks new tenants when appropriate, making no guarantees as to the occupancy level of Property. (f) Maintains a thorough accounting of rent payment receipts, expenses, and charges on a monthly basis for Owner. (g) Hires and supervises employees to repair, maintain, and decorate Property.

3. SERVICE FEES / CHARGES (a) For the entire period of this contract, the Manager shall pay to the Owner the Monthly Rent less the Management Fee as defined in clause 3(b) subject to the Minimum Guarantee as defined in Schedule I before the expiry of 10th of the following month. For the sake of clarity, in no month shall the owner receive an amount less than the Minimum Guarantee before the deductions of actual out of pocket expenses incurred by the Manager in the provision of services defined herein.

(b) The Manager shall be eligible to deduct an amount equal to 30% of the amount by which the Monthly Rent is in excess of the Minimum Guarantee as Management Fee (hereinafter referred to as “Management Fee�). For the purpose of calculation, Monthly Rent shall be the amount so agreed between the Owner and the tenant as per the tenancy agreement signed between them. (c) Should Property be sold to the tenant during the term of this agreement, the Manager will be considered integral to such sales and therefore entitled to 1% (one percent) commission on the gross sale price. (d) The Management Fee stipulated for the Services under this agreement does not include any type of actual expenses incurred by the Manager while performing such services.

4. TAXES (a) Any discount / charges / fees agreed to be paid or receive by the parties to the agreement are exclusive of taxes such as Service Tax, TDS, etc. TDS shall be deducted by the Manager at the time of payment of Minimum Guarantee or any other amount to the Owner under this Agreement at the rate as prescribed from time to time by the government under the laws of India 5. CONFIDENTIALITY (a) The Manager shall not disclose any confidential information about the property covered in this agreement or details of the Owner including any contact details without prior consent from the Owner. Any disclosure of such information by the Manager shall constitute a breach of this agreement.

6. RIGHTS AND OBLIGATION OF PARTIES (a) For services agreed under this agreement, the Manager shall obtain a quotation from the Third Party and will forward the same to the Owner for his approval. The Owner shall pay the approved amount to the Third Party as per agreed intervals which will be supervised by the Manager. (b) Deficiency in the services provided by third party will be brought to the attention of the Manager and the same shall be attended by the Third party within reasonable time. The Manager will ensure the work done by the Third Party are to the satisfaction of the Owner. (c) It is expressly agreed that the Manager is acting purely as a coordinator for activities being undertaken by the Third Party and will not be liable for any damages caused during or due to the service including on account of deficiency in the service. Such liability shall lie directly and completely with the Third Party. (d) The Manager shall not be liable for any damage that may be caused for action taken in good faith and by exercising reasonable diligence as a man of common prudence would.

(e) The Manager will help the Owner to recover the damages, if any, as per the guidelines of the agreement with the tenant or Third Party as applicable.

7. INDEMNITY (a) The Owner and the Manager indemnifies and shall keep indemnified each other and its directors, officers and employees, advisers and agents from and against all or any claims, damages, sufferings, costs, expenses and consequences whatsoever arising from or in any manner related to any non-performance or breach either by the Owner or the Manager any others of any of the terms, conditions, provisions, covenants under this agreement or requirements of any law, rule, regulation, order, sanction, proceedings, contract etc.

8. TERMINATION (a) It is hereby agreed between the parties that only the Owner shall have the right to terminate this Agreement within six months from the Effective Date by giving one-month written notice to the Manager. (b) Neither Parties shall have the option to terminate this Agreement post the completion of six months from the Effective Date. (c) If the Owner terminates this Agreement, then he will be liable to pay the Management Fee to the Manager till the time the tenant occupying the Property at the time of Termination continues to occupy and pay the rent for the Property and the Manager would be absolved of his responsibility to pay the Minimum Guarantee to the Owner.

9. NOTICES (a) Any notice or other communication from one Party to the other Party shall be made in writing in the English language and shall be delivered by hand or sent by an internationally recognized courier to the address of the party set forth in Schedule I or sent by facsimile to the facsimile number of the party set forth in Schedule I and shall be marked for the attention of the person therein referred to. All notices and communications shall be deemed received upon: (a) actual receipt thereof by the addressee; (b) actual delivery thereof to the appropriate address; or (c) in the case of a facsimile transmission, upon transmission thereof by the sender and the issuance by the transmitting machine of a confirmation slip confirming that the number of pages constituting the notice have been transmitted without error.

10. GOVERNING LAW AND JURISDICTION (a) This Agreement shall be governed by the laws of India. (b) The Courts at Delhi alone shall have the jurisdiction to entertain and, or try any dispute arising out of or in connection with or in relation to the terms of this agreement.

11. MISCELLANEOUS (a) Each clause of this Agreement constitutes a separate and distinct undertaking, covenant and/or provision. Whenever possible, each provision of this Agreement shall be

interpreted in such manner as to be effective and valid under applicable law. In the event that any provision of this Agreement shall be finally determined to be unlawful, such provision shall be deemed severed from this Agreement, but every other provision of this Agreement shall remain in full force and effect, and in substitution for any such provision held unlawful, they shall be substituted by mutual consultation and agreement of the Parties hereto a provision of similar import reflecting the original intent of the Parties to the extent permissible under applicable law. (b) This Agreement constitutes the entire agreement between the Parties and save as otherwise expressly provided no modification, amendment or waiver of any of the provisions of this Agreement shall be effective unless made in writing specifically referring to this Agreement and duly signed by the Parties hereto.

(c) The expiration or termination of this Agreement shall not operate to waive, release or otherwise relieve any Party of any liability that has accrued prior to such termination or expiration. (d) Any expressed or implied waiver by any Party of any default shall not constitute a waiver of any other default or a waiver of any of other right. All original rights and powers of the Parties under this Agreement will remain in full force, notwithstanding any neglects, forbearance or delay in the enforcement thereof, and no Party shall be deemed to have waived any of its rights or any provision of this Agreement or any notice given hereunder unless such waiver be provided in writing by such Party and any waiver by the Owner of any breach by the Manager of the Agreement shall not be deemed a waiver of any continuing or recurring breach by the Manager of the Agreement. (e) Nothing in this Agreement shall be construed as creating a partnership or joint venture between the Owner on the one hand and the Manager on the other. No Party will be deemed to be an agent of the other Party as a result of any act under or related to this Agreement. (f) This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF both the parties have executed this agreement on the day, month and year mentioned herein above.

For Owner

For Manager

Signature: ______________________

Signature: ______________________

Name: ________________

Name of authorized signatory: Designation:

Date: _____________________

Date: _________________________

Schedule I

1. Agreement Date:

______________________________________________

2. Owner (ONE PART) Name:

______________________________________________

Father/Husband Name:

______________________________________________

Residential Address:

______________________________________________ ______________________________________________ ______________________________________________

Permanent Address:

______________________________________________ ______________________________________________ ______________________________________________

PAN:

______________________________________________

3. Property: Address:

______________________________________________ ______________________________________________ ______________________________________________

4. Minimum Guarantee:

Rs. ____________________________ (per month)

5. Details for Notice under Clause 9 To the Owner: Name: Address: Email: Fax: Phone:

_______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________

To the Manager: Name: Address: Kind Attn: Email: Fax: Phone:

Square Dotcom Private Limited Plot No. 122, 1st Floor, Sector – 44, Gurgaon – 122003 Mr. Sopan Gupta info@square.care 022-66459241 0124-4269572