Tender For Riverfront House
Tender For Riverfront House
Tender For Riverfront House
(SRFDCL)
nd
2 Floor, “Riverfront House, Behind H.K. Arts College, Between Gandhi
& Nehru Bridge, PujyaPramukh Swami Maharaj Marg (Riverfront –
West), Ahmedabad – 380 009
Tel: 079-26580430 ■ Fax: 26596003■Email: [email protected]
a) Technical Bid: The interested bidders fulfilling the Eligibility Conditions and agreeable to the set Terms and Conditions. All
details have to be uploaded online and submit the same on or before 16:00 Hrs. of 12 /03 /2020.
b) Tender Fee &Earnest Money Deposit: Tender Fee &applicable EMD should be submitted by way of Demand Draft or
through RTGS / NEFT along with bid submission.
c) Financial Bid: Financial Bid is not to be submitted in the physical form and it has only to be submitted online on
https://nprocure.com. The financial bid of only those tenderer whose technical bids are found to be acceptable will be opened
and further allowed to participate in auction process.
d) Mere submission of Application does not confer the right for accepting Tenders. SRFDCL reserves its right to accept or
reject any /all Tenders or cancel the Tendering process without assigning any reason thereof for which SRFDCL shall
neither be liable nor under obligation to inform the applicant the grounds of any such action. However in such case the EMD
will be refunded without interest within a specified period.
e) Pre-bid on 28/02/2020 at 15:00 Hrs. at above mentioned address.
f) Last date for receipt of Tender is 17:00 Hrs. on 12/ 03 /2020.
g) The TECHNICAL BID of the tender would be opened on 13/03/2020 at 17:30 Hrs. and one representative from the
participating Bidders may be present at the time of opening
h) Any Modification/Corrigendum to the Tender shall be uploaded on the website of SRFDCL and shall not be released in
Newspaper or any other form.
i) e-Tender can be downloaded from our website www.sabarmatiriverfront.com, https://nprocure.com,
&www.ahmedabadcity.gov.in upto 12/03/2020 till 16:00 Hrs.
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AHMEDABAD MUNICIPAL CORPORATION (AMC)
SABARMATI RIVERFRONT DEVELOPMENT CORPORATION LIMITED
(SRFDCL)
Second Floor, Riverfront house, Mouje : Changispur, Rs.No.185
Behind H.K.Arts College, B/w Gandhi & Nehru Bridge, Riverfront Road (West)
Ahmedabad 380009, Gujarat, INDIA
of the Bidder
The Bidder/ Applicant/s desirous to submit their bid have to submit Bids on https://nprocure.com
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ABSTRACT
LOCATION OF PREMISE Riverfront House, Mouje : Changispur,
R.S.no.185, B/h vallabh Sadan, Off Ashram
Road.
DOWNLOADING OF RFP/ BID From : 20/02/2020
DOCUMENTS
at 11:00 hrs
To : 12/03/2020
LAST DATE AND TIME FOR ONLINE : 12/03/2020 upto 16:00 hrs
SUBMISSION OF FINANCIAL BID
LAST DATE AND TIME FOR PHYSICAL : 12/03/2020 upto 17:00 hrs
SUBMISSION OF BID, DOCUMENTS,
TENDER FEE & BID SECURITY (HARD
COPIES)
DATE OF PRE-BID 28/02/2020, 15:00 Hrs at above mentioned
address.
Any queries and clarifications sought by
bidder may be sent to [email protected]
latest by26/02/2020.No queries shall be
entertained thereafter.
OPENING OF LETTERS : 13/03 /2020 upto 17:30 hrs
COMPRISING BIDS
E-AUCTION OF FINANCIAL BID The qualified bidders will be informed
by courier, telephone and mail about the date
and time of auction
PLACE OF PHYSICAL Sabarmati River Front Development
SUBMISSION OF BIDS, Corporation Limited,
DOCUMENTS, TENDER FEE 2nd Floor,Riverfront House,
& BID SECURITY (HARD Mouje : Changispur, R.S.No.185
COPIES) AND OPENING OF Behind H.K.Arts College, B/w Gandhi &
BIDS Nehru Bridge, Riverfront Road (West)
Ahmedabad – 380 009, Gujarat - India
Tel No: 91- 079-26580430
AMOUNT OF TENDER FEE Rs.5,000/- (Rupees five Thousand Only)
payable in the form of by
RTGS/NEFT/Demand Draft in favour of
“Sabarmati River Front Development
Corporation Limited,” payable at
Ahmedabad as per the bank account details as
under:
Bank Details:
o Bank A/c No- 002405010080
o Name of A/c- Sabarmati River Front
Dev. Corp. Ltd.
o IFSC Code- ICIC0000024
o A/c Type- Current account
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o Bank/Branch Name- ICICI Bank Ltd,
JMC House, Near Parimal
Garden,Ambawadi, Ahmedabad
BID VALIDITY 180 days from last date of online submission
of Bid.
EMD/ BID SECURITY For the entire 5th floor (if proposed use
DEPOSIT is Office use for information
technology companies, corporate
offices, financing companies, banking
operations and other office works ))-
Rs.
6,00,000/- (INR. Six lakh Only)
For portion of the 5th floor (as shown
in sketch as portion “A”, and “B” and
“C”and (if proposed use is Office use
for information technology companies,
corporate offices, financing companies,
banking operations and other office
works ))- Rs.
3,00,000/- (INR. Three lakh Only)
For the entire 5th floor (if proposed use
is restaurant)- Rs.12,00,000/-
(INR. Twelve lakh Only)
For portion of the 5th floor (as shown
in sketch as portion “A”, and “B” and
“C”and (if proposed use is
Restaurant)- Rs.
6,00,000/- (INR. Six lakh Only)
GENERAL INSTRUCTIONS
(a) The Tender Fee will not be refunded under any circumstances.
(b) The EMD/ Bid Security shall be accepted only in the form as specified in bid document.
(c) The bids shall be valid for 180 days from the last date of submission of bid. In
exceptional circumstances, prior to expiry of the Bid validity period, SRFDCL may
request the bidders to extend such validity period for a specified additional period by
issuing the Addendum to this RFP.
(d) Bids/ Proposals without Tender Fee, Bid Security and which do not fulfill all or any of
the conditions or those submitted incomplete, in any respect shall not be considered.
(e) Bidder of the entire floor will be given preference against the bidder of part floor i.e (“A”,
“B” and “C” ).The bidder who wants to bid for the two out of three portion of the floor
has to submit separate bids. Also bidder of entire floor can bid for the portion of the floor
by submitting separate bids. For the sake of clarity if a bidder wants to bid for entire floor
as well for the two portion of the floor out of three has to submit three bids one for entire
floor and other two for the two portion of the floor.
(f) The preferred bidder of the entire floor will have the right to use power supply and
electric meter provided for the floor. While in case of three preferred bidder for portion “
A ”, “B” and “C” proffered Bidder with highest quote from any PORTION “ A ”, “B” and
“C” of the floor will have the right to use power supply and electric meter provided for
the floor. The other two Preferred Bidder has to apply to Torrent Power Ltd. to get the
required power and install electric meter at their own expenses. All formalities pertaining
to electrical inspector’s NOC, and requirement of all DISCOM (Torrent Power Ltd.)
mandatorily fulfilled by Proffered Bidder and cost incurred towards power procurement
shall be born by Preferred Bidder. SRFDCL will provide only assistance in such case.
(g) There is no flooring done by the SRFDCL and required flooring, foal ceiling, utilities,
lighting, interiors and other requirements shall complete by the lessee at his/its own cost
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and expenses.
(h) Financial bid shall be submitted by the bidder directly through online as per the details
provided on website https://nprocure.com.The e-auction will be commenced considering
highest quoted financial bid as base price.
(i) E-auction for the entire floor will be conducted first. The total period for completion of e-
auction for entire as well as each portion of the floor shall be 1 (one) hour only. In case if
any tenderer submits his offer during the last five minute before the prescribed time limit
of 60 minutes getting over, the time for offer shall be automatically extended for further
five minutes and such time can further be extended in the similar fashion till bid not
receive in last five minutes. If no tenderer submit the further offer in the last five minutes
time, the auction shall be closed automatically.
If there is no bidder for the entire floor E-auction for the portion “ A ”, “B” and “C” of the
floor will be conducted respectively. The total period for completion of e-auction for each
portion of the floor shall be 1 (one) hour only. In case if any tenderer submits his offer
during the last five minute before the prescribed time limit of 60 minutes getting over, the
time for offer shall be automatically extended for further five minutes and such time can
further be extended in the similar fashion till bid not receive in last five minutes. If no
tenderer submit the further offer in the last five minutes time, the auction shall be closed
automatically. Then after auction for the another portion will take place.
(j) Conditional tenders will not be accepted.
(k) SRFDCL reserves the right to accept or reject the bids based on their evaluations and may
reject any or all bids/ tenders, without assigning any reason.
(l) The bidders are advised to read carefully the instructions and eligibility criteria contained
in the bid/ tender document.
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DISCLAIMER
The information contained in this Request for Proposal / Tender / Bid (the “RFP”) or subsequently
provided to Bidder(s)/ Applicant/s, whether verbally or electronically or in documentary or any
other form, by or behalf of SRFDCL or any of their employees or advisors, is provided to
Bidder(s)/ Applicant/s on the terms and conditions set out in this RFP and such other terms and
conditions subject to which any information is subsequently provided.
This RFP is neither an agreement nor invitation to offer by SRFDCL to the prospective Bidders or
any other person. The purpose of this RFP is to provide interested parties with information that
may be useful to them in the formulation of their offer pursuant to this RFP (the “Bid” or
“Proposal”). This RFP includes statements, which reflect various assumptions and assessments
arrived at by SRFDCL in relation to the auction of premises on leasehold basis at the site of
Sabarmati River Front specified under this RFP. Such assumptions, assessments and statements
do not purport to contain all the information that each Bidder may require. This RFP may not be
appropriate for all persons, and it is not possible for SRFDCL, its employees or advisors to
consider the investment objectives, financial situation and particular needs of each party who
reads or uses this RFP. The assumptions, assessments, statements and information contained in
this RFP may not be complete, accurate, adequate or correct. Each Bidder should therefore,
conduct its own investigations and analysis and should check and be satisfied on the accuracy,
adequacy, correctness, reliability and completeness of the assumptions, assessments, statements
and information contained in this RFP and obtain advice from appropriate sources as it may deem
fit and take independent decision in respect thereof.
Information provided in this RFP to the Bidders(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not an exhaustive account of
statutory requirements and should not be regarded as a complete or authoritative statement of law.
SRFDCL accepts no responsibility for the accuracy or otherwise for any interpretation or opinion
on law expressed herein.
SRFDCL, its employees and advisors make no representation or warranty and shall have no
liability to any person, including any Bidder/ applicant or Bidder(s)/ Applicant/s, under any law,
statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for
any loss, damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the RFP and any assessment, assumption, statement or information
contained therein or deemed to form part of this RFP or arising in any way for participation in the
auction process.
SRFDCL also accepts no liability of any nature, whatsoever, whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements contained in
this RFP.
SRFDCL may, in its absolute discretion but without being under any obligation to do so, update,
amend or supplement the information, assessment or assumptions contained in this RFP.
The issue of this RFP does not in any way imply that SRFDCL is bound to select or to appoint the
Preferred Bidder/ Applicant, as the case may be, for the portion of the floors and SRFDCL
reserves the right to reject all or any of the Bid or Bids without assigning any reasons whatsoever.
The Bidder shall bear all costs associated with or relating to the preparation and submission of Bid
including but not limited to preparation, copying, postage, delivery fees, expenses associated with
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any demonstrations or presentations which may be required by SRFDCL or any other costs
incurred in connection with or relating to its Bid. All such costs and expenses will remain the
liability of the Bidder and SRFDCL shall not be liable in any manner whatsoever for the same or
for any other costs or other expenses incurred by A Bidder in preparation or submission of the
Bid, regardless of the conduct or outcome of the auction process.
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DESCRIPTION OF AUCTION PROCESS/ INSTRUCTION TO BIDDER/ APPLICANT/S
1. SRFDCL has adopted online e-auction process for selection of highest Bidder/ applicant.
The Bidder/ Applicant/s are required to submit their bids/ tender through online only. The
bid/ proposal to be submitted by the Bidder/ applicant shall be in the form as prescribed in
Annexure-A hereto
2. Preamble:
a. AMC/ SRFDCL has developed its own G+5 story office building with three cellar/
basement known as “ Riverfront House” and situate lying and being at Changispur
bearing Survey Nos. 185 of Mouje/Village Changispur, Taluka: Sabarmati, District:
Ahmedabad. The land is owned and possessed by AMC and in testimony thereof a
copy of latest Village Form No.7 is enclosed as Annexure-D hereto.;
b. SRFDCL offering space/ premise at First Floor, Fourth Floor and Fifth Floor on
lease basis on ‘as is where is basis’ and ‘as is what is basis’ and ‘as is where is
condition’ as regards to the condition of premises and its area etc. There is no
flooring done by the SRFDCL and the lessee shall complete the flooring at his/its
own cost and expenses.
c. Lease Deed: The Lease Deed shall be executed as per the specimen enclosed in
Annexure-B hereto.
3. FLOOR: 5TH
a. Details regarding area of entire as well as portion “ A ”, “B” and “C” of the floors
available on lease is as under.
In Sq. Mt. In Sq. Ft. In Sq. Mt. In Sq. Ft. In Sq. Mt. In Sq. Ft. In Sq. Mt. In Sq. Ft.
Fifth 1411.45 15187 543.15 5846.42 592.27 6375.14 178.12 1917.27
Entire as well as Part of the floor space as “A”, “B” a n d “ C ” are shown in the
drawing attached as Annexure-D also available on rent
b. Parking: There are three basements for the parking for all the occupants of the
building.
c. Site: R.s.No.185,Village:Changispur, Taluka: Sabarmati and District Ahmedabad,
Gujarat, India;
d. Location and Map: Map showing the location of plot and details of Premises
is attached as Annexure-C hereto.
e. Minimum/ Base Amount of Monthly Lease Rent for whole floor as well
as portion “A”, “B” and “C”: Rs.60/- (INR Sixty Only) per Sq. Ft. per
month
Note:
The Bidder/ Applicant/s should quote their proposal/ bid/ tender over and above
the minimum amount of Lease Rent in the multiples of Re.1/- (INR One Only);
The price quoted by the Bidder/ Applicant/s below then the minimum price shall
be rejected automatically.
f. Permissible Use of Premises: Office use for information technology companies,
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corporate offices, financing companies, banking operations and other office works
only.
g. Note: The selected bidder (i.e. lessee) shall be entitled/ permitted to use the
selected Premise only for the purpose for which he/it has submitted it Proposal.
h. Lock – in period : 3 years (36 months)
i. Lease Period: Initially for 5 (five)years from the date of execution of Lease Deed, in
case of uses such as office use for information technology companies, corporate
offices, financing companies, banking operations and other office works which may be
extended by the Parties on mutual terms and conditions.
j. Lease Rent: The Lease Rent with applicable Goods and Services Tax (GST)is the
consideration excluding outgoings/ charges to be borne by the lessee. Lease Rent
excludes separately payable items such as maintenance charges with GST, property
tax, GST, municipal taxes, cess, levies, local taxes or any other tax levied by the local
authority, and any interest/ penalty which is accrued on the above, any other tax by
whichever name called, payable to any Government or Authority or Body as also any
additional or increased taxes, charges, or levies imposed by any Government or any
local authority in respect of the premise.
k. Maintenance Charges: @ Rs.8/- per sq. fts. of premise per month excluding GST.
(Applicable GST is to be paid by lessee)
l. Lease Deed: The Lease Deed shall be executed as per the specimen enclosed in
Annexure-B hereto.
4. Eligible Bidders
(a) The Bidder is to be Indian citizen (in case of Individual);
(b) An entity duly constituted and/ or existing under the laws of India;
(c) The bidders may be individual, proprietorship, partnership firm, company and/or
any other body corporate validly existing in India, may submit their proposals to
SRFDCL.
(d) 5thFloor
a. For entire 5th floor or part thereof (as shown in sketch) the Bidder
should have positive networth.. This shall be certified by the Statutory
Auditors or Chartered Accountant.
b. For entire 5th floor as office (as shown in sketch) bidder should have
average annual turnover of minimum Rs.10.00 Crores in the previous
three financial years (i.e. FY 2016-17, 2017-18 and 2018-19). This
shall be certified by the Statutory Auditors or Chartered Accountant.
c. For portion of 5th floor as office (as shown in sketch as “A”, “B” and
“C”) the bidder has average annual turnover of minimum Rs. 5.00
Crores in the previous three financial years (i.e. FY 2016-17,2017-18
and 2018-19). This shall be certified by the Statutory Auditors or
Chartered Accountant.
d. For entire 5th floor as restaurant (as shown in sketch) bidder should have
average annual turnover of minimum Rs. 4.00 Crores in the previous
three financial years (i.e. FY 2016-17, 2017-18 and 2018-19). This
shall be certified by the Statutory Auditors or Chartered Accountant.
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e. For portion of 5th floor as restaurant (as shown in sketch as “A”, “B”
and “C”) the bidder has average annual turnover of minimum Rs. 2.00
Crores in the previous three financial years (i.e. FY 2016-17,2017-18
and 2018-19). This shall be certified by the Statutory Auditors or
Chartered Accountant.
5. Tender/ Registration Fee
(a) A Bidder/ Applicant/s shall deposit non-refundable Tender/ Registration Fee of
Rs.5,000/- by RTGS/NEFT/Demand Draft in favour of “Sabarmati Riverfront
Development Corporation Ltd.” Payable at Ahmedabad as per the bank account
details as under. Any Bid not accompanied by the Tender/ Registration Fee shall be
summarily rejected by AMC/ SRFDCL as non-responsive.
Bank Details:
For entire 5th floor as shown in sketch (if proposed use is Office use for
information technology companies, corporate offices, financing companies,
banking operations and other office works ) - Rs. 6,00,000/- (INR. Six lacs
Only)
For portion of 5th floor as shown in sketch as “A”,“B” and “C”(if proposed
use is Office use for information technology companies, corporate offices,
financing companies, banking operations and other office works ) - Rs.
3,00,000/- (INR. Three lacs Only)
For the entire 5th floor (if proposed use is restaurant)- Rs.12,00,000/-
(INR. Twelve lakh Only)
For portion of the 5th floor (as shown in sketch as portion “A”, and “B” and
“C”and (if proposed use is Restaurant)- Rs. 6,00,000/- (INR. Six lakh
Only)
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IFSC Code- ICIC0000024
b. EMD is collected in INR (Indian Rupee) only from the Bidders. Any less
amount received from the bidder would not be considered.
c. Save and except the tender/ registration fee, the EMD of unsuccessful Bidder/
Applicant/s will be returned by SRFDCL, without any interest after 45 days
and all other charges for the transfer of EMD shall be borne by the bidder, in
accordance with the terms contained under this RFP. The refund of EMD
thereof shall be in INR through RTGS/ NEFT in the account from where EMD
has been paid.
d. The Preferred Bidder’s Bid Security will be adjusted against the interest free
Security Deposit to be payable by the lessee. SRFDCL shall be entitled to
forfeit and appropriate the EMD as mutually agreed genuine pre-estimated
compensation / damages to SRFDCL in the event of default made by the
Bidder/ Applicant/s.
e. AMC/ SRFDCL will return the EMD and all the money paid (if any) by the
Proffered Bidder, without interest, after 45 (fourty five) days to Bidder/
Applicant/s succeeded in auction, if SRFDCL cannot hand over the possession
of the premises due to any reason other than the reasons attributable to such
Applicant/s/ tenderer/ lessee.
f. The Bid Security will be non-interest bearing and therefore, SRFDCL shall not
be liable to pay any interest to the bidders irrespective of the duration of time
between the submission of EMD/ Bid Security and its return by SRFDCL to
bidders.
7. Submission of Bids/ Proposals
(a) The bidders are required to submit Letter comprising the Bid as mentioned in
Annexure-“A” along with copy of RFP ( including addendum if any) duly signed,
on each and every page by the bidder and all supporting documents through online
as well as hard copies (in physical form) in person or by courier/ speed post/
registered post only.
(b) The Letter comprising of Bid along with Bid Security & Tender Fee shall be
submitted in two separate sealed envelopes placed under one large cover Envelop
in physical form, as under:
Bid Security & Tender Fee (Envelope-1)
(i) Original instrument of Bid Security in case of DD or payment
acknowledgement receipt in case of RTGS/ NEFT;
(ii) Original instrument of Tender Fee in case of DD or payment
acknowledgement receipt in case of RTGS/ NEFT;
Letter Comprising Bid (Envelope-2)
(i) Bid in the prescribed format (Annexure-A) along with annexure and supporting
documents;
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(ii) Certified copy of the electricity bill/ telephone bill/municipal property tax bill of
his residence (applicable in case of individual);
(iii)Certified copy of registration with the regulatory authority (applicable in case of
bidder other than individual only)
(iv) Certified True Copy of Memorandum and Articles of Association, (if the Bidder is
a body corporate), or bye-laws or equivalent certified documents evidencing legal
existence of the entity/ institution/ body corporate;
(v) Copies of Bidder’s duly audited balance sheet and profit and loss account for the
last preceding three consecutive years;(2016-17,2017-18 and 2018-19)
(vi) Original Certificate issued by Statutory Auditors or Chartered Accountant
certifying Networth and average annual turnover of the bidder;
(vii)Certified True Copy of Board Resolution/ Letter of Authority/ Power of Attorney,
wherever applicable
(viii) Certificate of the Company Secretary certifying that the company is under
compliance of the Companies Act and other applicable Acts (applicable in
case of Company)
(ix) English translation of all the documents (in case of documents/ papers are in
language other than English) duly certified /attested.
(c) The Bidders will have to submit the Bid security and tender fee in a separate sealed
envelope (Envelope-1: Tender Fee & Bid Security) and other documents in another
sealed envelope (Envelope-2: Letter comprising Bid).
(d) The bid documents in physical form may be submitted in person or by courier/ speed
post/ registered post only. However, SRFDCL shall not be responsible for any delay in
receipt of the bid documents. Each cover must be clearly marked with the contents
i.e. “Tender Fee & Bid Security” and “Letter Comprising Bid”.
(e) The two sealed envelopes (Envelope No.1: Tender Fee & Bid Security) and (Envelope
No.2: Letter Comprising Bid) shall be put together in one common cover which will
be sealed.
(f) The “TENDER FOR ENTIRE OR PART FIFTH FLOOR FOR
OFFICE/RESTAURANT USE LEASE AT [Riverfront House, Mouje :
Changispur, R.S.No.185, B/h H.K.Arts College, B/w Gandhi & Nehru Bridge,
Riverfront Road (West), Ahmedabad - 380009]”shall be written in BOLD letters on
the outermost envelope for Bid submission.
(g) The full name and address of the Bidder shall be written on the bottom left hand
corner.
(h) No bid shall be accepted unless it is properly sealed. Bidders shall not be allowed to
fill in or seal their bids at the Lessors office.
(i) All envelopes shall indicate the name and address of the bidder and shall addressed to
SRFDCL at the address mentioned in the Abstract.
(j) If envelopes are not sealed and not marked as above, SRFDCL will assume no
responsibility for the misplacement or premature opening of the bid. In that case, this
will be recorded at the time of opening of bids and liable for rejection.
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(k) In the event of the specified date for submission being declared as holiday for
SRFDCL the bids shall be received by the Lessor at the appointed time and location on
the next working day.
8. Opening of Envelope containing Letter Comprising Bid
(i) First open Envelope No.1 containing Tender Fee & Bid Security; and
(ii) After being satisfied with proper submission, will open Envelope No.2
(Letter Comprising Bid)
(b) SRFDCL will carry out a detailed evaluation of the documents in order to
determine whether the bidders are qualified and whether the technical aspects are
substantially responsive to the requirements set forth in the bidding documents. In
order to reach such a determination, the Lessor will examine the information
supplied by the Bidders and other requirements in the bidding documents, taking
into account the factors viz. qualification criteria and overall completeness and
compliance as per the SRFDCL’s requirements.
(c) SRFDCL will prepare, for their own records minutes of the proceeding of Bid
opening.
(d) To assist in the examination and evaluation, SRFDCL may, at its discretion, ask any
bidder any clarification on his/ its Bid. The request for clarification and the
response shall be in writing, but no change in the price or substance of the bid will
be sought, offered or permitted except as required to confirm the correction of
arithmetic errors.
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11. During the auction process, Bidder/ Applicant/s are invited to examine the site location
,premise(during working hours) and other related factors in details at their own cost and
expenses, such studies as may be required before submitting their respective Bids.
12. The Bidder/ Applicant/s are encouraged to submit their respective Bids after visiting the
plot site, premise and ascertaining for themselves the site conditions, market, connectivity,
location, surroundings, climate, weather data, applicable laws and regulations, and any
other matter considered relevant by them;
13. Once submitted, the bidder/applicant can not withdraw the bid or refuse to sign the lease
deed. The bidder shall not be entitled to raise any objection or dispute what so ever after
the opening of the bids. In case of any such action by the bidder including withdrawal of
the bid or refusal to sign the lease deed, the bidder’s EMD/bid security shall be liable for
forfeiture.
14. It shall be deemed that by submitting the Bid, the Bidder/ Applicant/s has:
a. made a complete and careful examination of the RFP;
b. received all relevant information requested from AMC/ SRFDCL;
c. acknowledged and accepted the risk of inadequacy, error or mistake in the
information provided in the RFP or furnished by or on behalf of SRFDCL relating
to any of the matters referred herein;
d. agreed to be bound by the terms and undertakings provided by it under and in
terms hereof;
e. satisfied itself about all matters, things and information including matters referred
herein necessary for obtaining lease of the plot and performance of all of its
obligations relating thereto; and
f. acknowledged and agreed that inadequacy, lack of completeness or incorrectness
of information provided in the RFP or ignorance of any of the matters referred
herein shall not be a basis for any claim for compensation, damages, extension of
time for performance of its obligations, loss of profits etc. from SRFDCL, or a
ground for termination of the lease.
15. The Bidder shall bear all costs associated with the preparation and delivery of its
documents, including costs and expenses related to visits to the site/ premise and SRFDCL
will in no case be responsible or liable for these costs regardless of the outcome of the
bidding process.
16. SRFDCL shall not be liable for any omission, mistake or error on the part of the Bidder/
Applicant/s in respect of any of the above or on account of any matter or thing arising out
of or concerning or relating to the RFP or the auction process, including any error or
mistake therein or in any information or data given by SRFDCL;
17. Notwithstanding anything contained in this RFP, SRFDCL reserves the right to accept or
reject any Bid and to annul the auction process and reject all Bids, at any time without any
liability or any obligation for such acceptance, rejection or annulment, and without
assigning any reasons thereof. In the event that SRFDCL rejects or annuls all the Bids, it
may, in its discretion, invite all Bidder/ Applicant/s to submit fresh bids hereunder;
18. SRFDCL reserves the right to reject any Bid if:
23. All documents and other information supplied by SRFDCL or submitted by a Bidder/
Applicant/s to SRFDCL shall remain or become the property of SRFDCL. The Bidder/
Applicant/s are to treat all information as strictly confidential and shall not use it for any
purpose other than for preparation and submission of their Bid.
24. Save and except as provided in this RFP, SRFDCL shall not entertain any correspondence
with any Bidder/ Applicant/s in relation to the acceptance or rejection of any Bid.
25. To facilitate evaluation of Bids, SRFDCL may, at its sole discretion, seek clarifications
from any Bidder/ Applicant/s regarding its Bid. Such clarification(s) shall be provided
within the time specified by SRFDCL for this purpose. Any request for clarification(s) and
all clarification(s) in response thereto shall be in writing.
26. In submitting a proposal, Bidder/ Applicant/s understands that SRFDCL will determine at
its sole discretion which proposal, if any, is accepted. Bidder/ Applicant/s waives any right
to claim damages of any nature whatsoever based on the selection process, final selection,
and any communications associated with the selection. SRFDCL reserves the right to
award/ allot the premise on leasehold basis to the Bidder/ Applicant/s whose proposal is
deemed to be the most advantageous in terms of the RFP. In addition, SRFDCL reserves
the right to add or waive any requirements contained in this RFP at its sole discretion with
regard to proposals submitted. SRFDCL decision on award of premise on lease to the
Preferred Bidder/ Applicant/shall be final and binding on all the Bidder/ Applicant/s.
27. The Bid Security shall be forfeited as Damages without prejudice to any other right or
remedy that may be available to SRFDCL under the auction documents and/ or under the
Lease Deed or otherwise, under the following conditions:
a. If a Bidder/ Applicant/s submits a non-responsive bid;
b. If a Bidder/ Applicant/s engages in a corrupt practice, fraudulent practice,
16
coercive practice, undesirable practice or restrictive practice;
c. If a Bidder/ Applicant/s withdraws its bid after selection as the Preferred
Bidder
d. In the case of Preferred Bidder, if it fails within the specified time limit:
i. to sign and return the duplicate copy of Letter of Allotment (LOA);
ii. Failure to make payment of consideration in accordance with the
payment schedule mentioned herein;
iii. to sign the Lease Deed in duplicate; or
iv. In case the Preferred Bidder, having signed the Lease Deed
commits any breach specified herein and/ or therein.
28. Any information contained in the Bid shall not in any way be construed as binding on
SRFDCL, its agents, successors or assigns, but shall be binding against the Bidder/
Applicant/s if the space is subsequently awarded to it on the basis of such information;
29. If any information furnished by the Bidder/ Applicant/s is found to be incomplete, or
contained in formats other than those specified herein, SRFDCL may, in its sole discretion,
exclude such Bidder/ Applicant/s from auction.
30. If for any reason, whatsoever, attributable to SRFDCL, the lease deed can not be entered
into, SRFDCL shall reserve the right to annul the tendering process and return the Bid
Security to the respective bidder(s). In such an event, SRFDCL shall not be liable for
payment of any interest on the Bid Security amount to the bidders. Moreover, the bidder,
in such a case shall not be entitled to any right of specific performance or any right or
interest whatsoever in the premises or any part thereof.
31. The bids shall be valid for acceptance for a period of 180 ( one hundred eighty) days from
the date of opening of the Bids called validity period. The bids so submitted shall not be
withdrawn by the Bidder during the validity period and will lapse after validity period
unless SRFDCL accepts the bid(s) before the expiry of validity period. However, in case,
SRFDCL so assess that the process of evaluation and award is likely to take some more
time, the bidder may be requested to extend the bid validity as desired by SRFDCL.
32. In case the Bidder withdraws his/its bid at any time during the validity period, his/its total
Bid Security shall be forfeited.
33. The qualified bidder will be informed about opening of financial bid and auction date
before 10 days.
34. General Conditions:
(ix) The Lessee shall obtain/ collect/ receive from SRFDCL unused cheques, which
were not used by SRFDCL and the payment towards lease rent for such
period has been duly paid by the Lessee, as per the terms of the Lease Deed.
(x) In case of default in timely payment of lease rent made by the Lessee or the
delay in payment of lease rent occurred due to the reasons attributable to the
Lessee, SRFDCL shall have all the rights to use/ deposit the post-dated
cheques for fulfillment of the obligations of the Lessee.
b) The amount of EMD shall be returned to unsuccessful bidder without any interest
and all other charges for the transfer of EMD shall be borne by the bidder, within 45
days of completion of auction process or on acceptance of the bid of the Preferred
Bidder or when the auction process is cancelled by SRFDCL.
c) The deposited amount of the EMD shall be adjusted against the Security Deposit
payable by the Preferred Bidder/ Lessee. The balance security deposit amount shall
be payable by the Preferred Bidder/ Lessee as per the terms of the Lease Deed.
d) If the bidder succeeded in the auction and fails in paying the amount as per Sr. No.
34(a) above, all amounts paid earlier by the bidder will be forfeited by the SRFDCL,
without assuming any liability whatsoever the case may be.
e) Auction shall be governed by applicable laws of India.
f) At any point of time, information given by the bidder found false or misleading or
deceitful, or indulgent or corrupt / fraudulent practice to influence the auction,
SRFDCL reserve the right for cancelling / taking back the space / plot including the
forfeiture of the payment made from time to time.
35. Selection of Preferred Bidder
a. The Bidder/ Applicant /ssuccessfully qualified in the evaluation of his/ its bid
and is submitting highest amount of Lease Rent for obtaining the premise on
leasehold basis in e-auction shall be selected as the Preferred Bidder for the
purpose of this RFP (the “Preferred Bidder”);
b. After selection of the Preferred Bidder, a LOA shall be issued, in duplicate, by
SRFDCL to the Preferred Bidder and the Preferred Bidder shall, within 7
(seven) days of the receipt of the LOA, sign and return the duplicate copy of
the LOA in acknowledgement thereof. In the event the duplicate copy of the
LOA duly signed by the Preferred Bidder is not received by the stipulated date,
SRFDCL may, unless it consents to extension of time for submission thereof,
appropriate the EMD of such Bidder/ Applicant/s as mutually agreed genuine
pre-estimated loss and damage suffered by SRFDCL on account of failure of
the Preferred Bidder to acknowledge the LOA, and the next eligible Bidder/
Applicant/s(i.e. the second highest Bidder/ Applicant/s) may be considered;
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c. After acknowledgement of the LOA as aforesaid by the Preferred Bidder, it
shall execute and register the Lease Deed within the period as may be
prescribed. The Preferred Bidder shall not be entitled to seek any deviation in
the Lease Deed.
d. After furnishing by the Preferred Bidder the required details including Security
Deposit and execution and registration of Lease Deed, the Lessor will notify the
all other bidders that their bids have been unsuccessful and thereupon return
their Bid Security.
36. The premise shall be leased out to the Preferred Bidder as per the terms and conditions
inter alia contained herein and the premise shall be transferred on leasehold basis to
Preferred Bidder on payment of requisite amounts as per the amount/ bid submitted by the
Preferred Bidder in accordance with the terms and conditions contained herein.
37. The leasehold rights on the premises will be granted in accordance with the terms and
conditions contained under the specimen draft Lease Deed specified in the Annexure-B
hereto and the lessee shall adhere with the terms and conditions contained therein.
38. The auction process shall be governed by, and construed in accordance with, the laws of
India and the Courts at Ahmedabad shall have exclusive jurisdiction over all disputes
arising under, pursuant to and/ or in connection with the auction process.
39. SRFDCL, in its sole discretion and without incurring any obligation or liability, reserves
the right, at any time, to:
a. suspend and/or cancel the auction process and/or amend and/or supplement the
auction process or modify the dates or other terms and conditions relating thereto;
b. consult with any Bidder/ Applicant/s in order to receive clarification or further
information;
c. retain any information and/or evidence submitted to SRFDCL by, on behalf of,
and/ or in relation to any Bidder/ Applicant/s; and/or
d. independently verify, disqualify, reject and/or accept any and all submissions or
other information and/or evidence submitted by or on behalf of any Bidder/
Applicant/s
40. In case of any question or dispute during the auction process, the decision of competent
authority (SRFDCL) shall be final and binding to all the Applicant/s.
41. It shall be deemed that by submitting the Bid, the Bidder/ Applicant/s agrees and releases
SRFDCL, its employees, agents and advisers, irrevocably, unconditionally, fully and
finally from any and all liability for claims, losses, damages, costs, expenses or liabilities
in any way related to or arising from the exercise of any rights and/or performance of any
obligations hereunder, pursuant hereto and/or in connection with the auction process, to
the fullest extent permitted by the applicable laws and waives any and all rights and/ or
claims it may have in this respect, whether actual or contingent, whether present or future.
42. All the payments shall be in Indian Rupees only.
43. The Bidder/ Applicant/s shall abide by all applicable laws including Indian statutes,
enactments, Acts passed by the State Legislature or by the Parliament, ordinances, rules,
bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders
of any Government (Central or State), statutory authority, tribunal, board or court as may
be applicable from time to time, and the other laws applicable to the entity of its own
territory.
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Other Lease Details
1. Uses of Premises
i. The use of the premises would be for office/ restaurant use only.
ii. The lessee will not be permitted to use the said premises in such a way
which in the opinion of SRFDCL may cause prejudice, nuisance,
annoyance or inconvenience to SRFDCL or for storing hazardous goods or
for any purpose not permitted under the laws of land.
iii. The lessee will not use or deal with the premises in a manner contrary to
any conditions imposed on the premises by the law, the Government or the
Local Authority or the Local Municipal Corporation and shall keep
SRFDCL indemnified against all actions, suits and other proceedings in
consequence of such uses by the Lessee.
iv. The lessee will not do or permit to be done by his/its employees or
anybody under his/its control anything whereby the policy/ policies of
insurance taken by SRFDCL may be affected in any which way.
v. The lessee will not be entitled to assign, sub-let, re-let, transfer or part
with the possession of the said premises or any part thereof or induct third
party or alternative parties in any manner whatsoever, without the specific
permission / written consent of SRFDCL. SRFDCL reserves the right to
deny such permission.
vi. The lessee would keep the leased premises and all lavatories, pipelines,
sinks, corridors and passages forming part thereof clean and in sanitary
condition and remove all rubbish at the end of the day.
vii. During the period of lease, any damage in whichever form if made to the
property in use or the adjoining property will have to be made good by the
lessee. The decision of SRFDCL will be final in this regard.
viii. The lessee shall be bound by the rules and regulations prepared by
SRFDCL for day–to-day administration and will provide the same to
lessee for compliance. Lessee shall co-operate with SRFDCL for smooth
running of the affairs at the premises.
ix. The place for display of the name of the lessee would be indicated by
SRFDCL. Other than this no part of the building (including terrace) except
as specified by SRFDCL would be used for any display advertisement,
signage, posters, bills, etc. of any kind.
(iii) Internal repairs of the floor/ premises shall be carried out by the lessee at
his/ its cost and expenses.
(iv) The existing or the future taxes and outgoings including any increases (by
whatever name it may be called) would be borne by prospective lessee as
per actual calculated by SRFDCL. The reimbursement to SRFDCL would
be made by the lessee.
(v) If at any time during the lease term, the Lessor has to pay any additional/
new or increased taxes, charges, or levies imposed by Government or any
local Authority in respect of the premises it shall be lawful for the Lessor
to recover all increase in taxes, additional/ new taxes, charges, or levies
imposed by Government or any local Authority during the period of this
Lease from the lessee in proportion to the area.
(vi) Actual consumable charges for the area given on lease as per the bills
received from the supply agency, towards electricity, water, telephone,
internet data charges, gas and any other charges for actual consumption by
the lessee to be paid directly to the supply agency. However, SRFDCL
reserves the right to pay and recover the money from the lessee or from
the Security Deposit, wherever applicable, in case of non-payment by the
lessee.
(vii) The charges for outgoings and other expenses will be payable from the
date of handing over of possession of the premises or execution of the
lease deed whichever is earlier and would be payable for a period upto
termination of deed or handing over the premises back to lessor,
whichever is later.
(viii) All the outgoings being variable in nature will be calculated at actual
based on proportionate usage and the decision of SRFDCL will be final
and binding on the lessee. The actual amount as per bills / claim raised by
SRFDCL has to be reimbursed within 10 days of receipt of bill by Lessee.
(ix) If any outstanding (including outstanding interest) is not paid by the due
date of payment by the lessee, the same shall be liable to be paid along
with interest thereon at 18 % (yearly compoundable interest) per annum
from the due date thereof till date of payment without prejudice to the
lessor’s rights to the remedies as per law including his/its right to
terminate the lease and lessee would have to vacate the premises within
one month from receipt of such notice of termination from lessor.
(x) Any adjustment payment/ entries for a particular financial year would be
done by SRFDCL through additional bills, in the next financial year.
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5. Structural maintenance:
(i) The structural maintenance would be on account of SRFDCL.
(ii) The lessee shall not make any structural alterations or fix any permanent
fittings or fixtures to any portion of the said premises provided that they
shall be at liberty without any such consent aforesaid to fix lights, fans and
Air-Conditioners but so that such alterations would be reversible and
fixtures shall be easily removable without in anyway causing damage to
any portion of the said premises and to make good all such changes while
leaving the said premises so that the said premises is returned in the same
condition as before the installation of such fixtures and fittings (Normal
wear and tear expected) and, if any damage shall be caused by such
removal, to make good the same.
6. Internal repairs and maintenance:
(i) Any repairs inside the premises would be carried out by the lessee
provided that they shall give 15 days’ advance notice in writing to the
lessor before carrying out the repair works. Such repairs to include
replacing and reinstating floorings, partitions/ partition walls, electric and
other fittings at lessee’s own cost and expenses during the term hereby
created to keep and maintain in good working condition the electric
installations and the light and fan points and flushing tanks and the
plumbing system.
(ii) Day to day cleaning and maintenance of space/ floor occupied by the
lessee shall also be carried out by the lessee at his/its own cost and
expenses.
(iii) The permission if any, from Statutory Authorities for all this work would
be the responsibility of the lessee.
7. Essence of contract:
The adherence to the time schedules for the payment of the rent, all outgoings and
all payable amounts as per the lease deed (including interest or penalty if any),
determination of lease by notice or by efflux of time as specified in the lease deed
or relevant paragraphs of the tender, and subsequent vacation of the premises are
the essence of the contract between the lessee and SRFDCL.
22
ANNEXURE-A
(Fill up this form, Scan the same and upload along with registration form)
You are also requested to submit the original to:
Sabarmati River Front Development Corporation Limited,
2nd Floor, Riverfront House, Mouje ; Changispur, R.S.No.185, Behind H.K.Arts College,
B/w Gandhi & Nehru Bridge, Riverfront Road(West),
Ahmedabad – 380 009 Gujarat - India
LETTER COMPRISING THE BID
( Entire 5th floor or Part of the floor 5th i.e.”A”, “B” or “C” (office use/restaurant ) as
applicable)
1. Type of Applicant/s. (Please tick mark () against right one)
PartnershipFirm……………………………
Co.Operative Hou. Society………………... ( )
Others……………………………………… ( )
Individual…………………………………… ( )
3. PAN No.………………………………
4. GSTIN.………………………………
5. CIN/ LLPIN No. ……………………………… (in the case of Company/ LLP)
6. Communication Details:-
23
E. Fax----------------------------
B. Permanent/ Registered:-
C. For Correspondence:-
8. Information of the Applicant/s:-
A. In cases where the company/limited liability partnership/joint venture/partnership
firm, the bidder should have the Power of Attorney/ Board Resolution/ Letter of
Authority to participate in the bidding process.
B. In case of Individuals:-
Name of Power of Attorney Holder/ Authorized Detail and address of the service
Person / business.
Scan & Upload the Power of Attorney/ Board Resolution/ Letter of Authority. You are
also requested to submit the original to SRFDCL office.
24
9. Minimum Base Price of Monthly Lease Rent -
Minimum/ Base Amount of Rs.60/- (INR Sixty Only) per Sq. Ft. per month
Monthly Lease Rent for whole
floor as well as portion “A”, “B”
and “C” [For 5thFloors]
In auction there will be incremental/ multiple of Re.1/- only. No amount will be given in
fraction.
10. Details regarding the money to be paid towards Earnest Money Deposit (E.M.D.) and
Tender Form Fee (non-refundable) are as under.
I/ We have paid the following sum as per the terms and condition of the RFP:
Tender/ Rs.5,000/- (INR. Five Thousand Only)
Registration by NEFT/ RTGS/Demand Draft payable to
Fee.
Bank Details:
o Bank A/c No- 002405010080
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Earnest money
For entire 5thFloor as shown in sketch (if proposed use is Office
deposit (EMD)
use for information technology companies, corporate offices,
financing companies, banking operations and other office works ) -
Rs. 6,00,000/- (INR. Six lakh Only)
For portion of the 5th floor (as shown in sketch as portion “A”, and
“B” and “C”and (if proposed use is Restaurant))- Rs. 6,00,000/-
(INR. Six lakh Only)
Garden,Ambawadi, Ahmedabad
11. I/ We acknowledge the right of SRFDCL to reject our Bid/ Proposal without assigning any
reason or otherwise and hereby waive to the fullest extent permitted by applicable law our
right to challenge the same on any account whatsoever.
12. I/ We believe that I/ we satisfy/satisfies the net worth and average annual turnover criteria
and meet(s) all the requirements as specified in the RFP document and am/ are qualified to
submit a Bid/ Proposal.
13. I/ We have duly enclosed the power of attorney/ board resolution/ letter of authority for
signing of Bid/ Proposal.
14. I/ We am/ are unconditionally and irrevocably agreeing and undertake to abide by all the
terms and conditions of the RFP document.
15. I/ We shall keep this offer valid for 180 (one hundred eighty) days from the Bid due date
specified in the RFP.
16. I/ We am/ are eligible as per the terms of eligibility criteria mentioned in clause 4 of the
RFP document.
26
17. I/We have submitted all the documents / papers as per the details mentioned in clause 8 of
the RFP document and the manner prescribed therein.
18. I/ we hereby agree that:
a. I/we, having examined the RFP document and understood its contents, hereby
submit my/our bid for the aforesaid ground floor (for café)/ entire floor /part floor.
The bid is unconditional and unqualified;
b. I/ we acknowledge that SRFDCL will be relying on the information provided in the
Bid and the documents accompanying such Bid for selection of the Preferred
Bidder for the aforesaid plot/ premise on lease, and certify that all information
provided in the Bid are true and correct; nothing has been omitted which may
render such information misleading; and all documents accompanying our Bid are
true copies of their respective originals;
19. The bid / proposed is made/ submitted by me/us after taking into consideration all the
terms and conditions stated in the RFP and all the conditions that may affect the lease rent
of the plot.
20. I/we have read, understood, agreed and undertake to abide by all the conditions contained
under the RFP including annexures annexed therewith.
Yours faithfully,
Place:
27
LEASE AGREEMENT
BY AND BETWEEN
AND
_
(Hereinafter referred to as the ‘LESSEE’, which expression shall, unless repugnant to the
context thereof, mean and include her heirs, executors, administrators, successors, legal
representatives and assigns etc.) of the second PART.
WHEREAS
1.. That the lessee desires to take the property of lessor on lease for their commercial
use and lessor also desires to give the lease property to the lessee on lease more
particularly described hereunder at the monthly lease rent of Rs. for a period from
. on the terms and conditions narrated hereunder.
The LESSOR is the owner and is fully seized and possessed of or otherwise well
and possessed the Said Premises
2. The LESSOR has confirmed and represented that the said premises is constructed
as per sanctioned plans and that there exists no legal impediments in the LESSEE
occupying the said premises and conducting its business. The LESSOR confirms
and represent that the LESSOR has also obtained the Completion Certificate from
the concerned regulatory authorities.
28
3. The LESSOR has further represented that the said premises is in their enjoyment
and vacant possession and is free of all encumbrances, mortgages, liens or any
other charges of any nature whatsoever and there are no restrictive covenants
operating upon the LESSOR and / or said premises, in leasing out the said premises
to the LESSEE on the terms and conditions herein contained.
4. The LESSOR has also represented that there are no proceedings, Legal or
otherwise, pending in connection with the ownership or otherwise of the said
premises;
5. The LESSOR has also represented that there are no outstanding payment of taxes,
including municipal or local levies taxes, fees, cesses and charges including ground
rent and property tax in respect of the said premises and further that all electricity,
water charges and such other payments have been made in full to the respective
Authorities/ Bodies/Persons as on the date of this Lease Deed.
Based on the above representations the LESSEE being in need of premises for
Commercial purposes has requested the LESSEE to enter upon and use the said
premises without granting or transferring any estate, interest or tenancy or easement
or creating any other right or interest of any nature except the mere permissive user
of the same which the LESSOR have agreed to do upon the LESSEE having fully
inspected the said premises and expressing complete satisfaction in respect thereof
in all respects on the terms and conditions hereinafter stated.
The LESSOR is aware that the LESSEE has agreed to take the premises on lease
solely based on the above warranties and representation which are believed to be
true and also on the warranty that the LESSEE vis-à-vis LESSEE shall not face any
impediment, attachment and / or closure notice for running the office in the said
premises.
Relying upon the representations made by the parties hereto to each other and
believing the same to be true, the LESSOR have agreed to allow the LESSEE to use
and enter upon the said premises and the LESSEE has agreed to accept such Lease
strictly on the terms and conditions set out hereinafter.
ARTICLE 1
LEASE PERIOD
1. The LESSOR and the LESSEE confirm the representations respectively made by
them as herein before recited and accept that the said representations constitute the
basis of the Deed and the Lease by the LESSOR to the LESSEE as hereinafter
mentioned.
2. The LESSOR do hereby allow and permit the LESSEE, subject to and on the terms
and conditions herein contained, to enter upon and use the said premises on “Lease
basis” for a period of 5 years (five years) commencing from 2019
(hereinafter called “The period of lease”) subject to 5% increase (escalate) in lease
rent of the previous year for every year of the lease period. The LESSOR has
29
also agreed to renew the LEASE for further period as per the terms and conditions
by the lessor. To renew or to refuse the renewal will be at the option of LESSOR
and upon non renewal, lessee will be bound to handover the possession of LEASE
hold property as narrated in para 3.4.
ARTICLE 2
TERMINATION
It is agreed between the parties that during the lease period in force the Lessee shall
not be entitled to terminate this Lease Agreement. In case, if the Lessee vacates the
premises within lock in period of 36 months, the Lessee will be liable to pay rent of
balance Lock-in period with GST and in case if the Lessee vacates the premises
after lock in period and before completion of the lease period the security deposit (
three month rent amount) will be forfeited.
ARTICLE 3
LEASE AMOUNT / SECURITY DEPOSIT
3.1 The LESSEE shall be liable and responsible to pay monthly Lease amount of
Rs. (Rupees Only) along with AMC Tax,
Maintenance, Electricity charges or any other taxes or Levies, GST commencing
from 2019 regularly (hereinafter called “ The period of lease”).
3.2 The Lease rent shall be payable in advance on or before the 5th day of the calendar
month. The monthly rent payable by the LESSEE to the LESSOR shall be paid to
the LESSOR after deducting there from the amount of TDS at the applicable rates
under the Income Tax Act, 1961, GST along with all the cesses, which is statutorily
payable by the Lessor to the credit of the Government towards “Renting of
Immovable Property Service” will be paid / reimbursed by lessee to the lessor in
advance as per the prevailing rate along with the monthly Rent. Three months
advance Rent shall be paid on signing the Agreement and in case if the Lessee does
not pay the rent for Two consecutive months then the Lessor shall be at liberty to
proceed legally to take the possession of the property.
3.3 On the expiry or earlier termination of the Lease for any reason whatsoever
(whether during or after the Lock-in Period), the Lessee shall hand over the
peaceful and vacant possession of the said Premises to the Lessor in same condition
in which the possession was handed over to the Lessee by the Lessor (subject to
normal wear and tear). That the lessor will be entitle to deduct any dues payable by
the lessee from the three months advance rent paid by the lessee.
3.4 In the event the Lessee fails to handover the Said Premises on the expiry or earlier
termination of the Lease, the Lessor shall be entitled to compensation for the
Lessee’s continued use and occupation of the Said Premises of an amount equal to
thrice the Rent.
3.5 Maintenance charges will be paid by the Lessee. The maintenance charge is Rs.8/-
per square feet per month plus applicable GST of the leased premise The
Maintenance charges shall be paid by the Lessee directly to the Lessor which also
stands increased 5% of previous year, every year.
3.6 Intentional Irregularity or delay in payment of Lease rent shall also amount to
breach of agreement and shall be liable for termination of Lease agreement.
30
ARTICLE 4
RATES/TAXES/LEVIES
4.1 It is agreed between the Parties hereto that all present and future outgoings,
municipal corporation taxes, rates, Levies, or by any other name relating the said
premises shall be paid by the LESSEE as per the prevailing rates during this period.
LESSEE shall pay these charges directly to the concerned authorities/ agencies as
per their bills within the prescribed time period and shall submit copies of bills and
receipts to the LESSOR immediately after the payments.
4.2 In case LESSEE does not pay the above mentioned outgoings like Municipal taxes,
Levies etc. on or before due date, penalty, interest etc. if levied by the concerned
authorities due to non payment or late payment of the dues shall be paid by
LESSEE.
4.3 Non payment or late payment of taxes shall also amount to breach of agreement &
LESSOR shall have right to terminate the agreement.
ARTICLE 5
FACILITIES
1. ELECTRICITY : -
The LESSOR has provided adequate power supply in the said premises. In case
LESSEE requires additional power, the same shall be obtained by LESEE at their
own cost from the concerned electric company. The LESSOR undertakes to co-
operate with the LESSEE to obtain a further additional power Load in the said
premises as per the requirement of the LESSEE and sign all documents,
applications, papers, certificates etc. in this regard. All the Expenses related to
increase of the Power including Security Deposit will be borne by Lessee.
2. NAME BOARDS : -
The LESSEE shall put up their name board, logos only at the place provided by the
LESSOR in the said premises free of cost as per the rules and norms decided by
the LESSOR from time to time. The lessee shall not be permitted to fix any logo or
sign board or stickers of their business at any other place unless permitted by the
lessor in writing
3. FLOORING :-
There is no flooring done by the SRFDCL and required flooring, foal ceiling,
utilities, lighting, interiors and other requirements shall complete by the
lessee at his/its own cost and expenses.
4. Utility duct :- No additional utility ducts will be permitted.
ARTICLE 6
LESSEE COVENANTS
6.1 Use of Premises
The LESSEE shall use the premises only for purposes for which he/it has bid and
will not make use of it for any illegal purpose and/or will not store any articles
which are prohibited under law and/or explosive articles. The LESSEE shall follow
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all the rules regulations of the LESSOR/ Ahmedabad Municipal Corporation and/or
any other government authorities.
6.2 That the Lessee shall not be entitle to cover the balcony if any provided and has to
use it as open balcony only
6.3 That the lessee shall have right to fix A.C. Plant equipment on the terrace as per the
instructions given by the Lessor. That the lessee will have no right to keep anything
else on the terrace without the written permission of Lessor.
6.4 Without prior written permission of Lessor, Lessee will not be entitle to install any
equipment except the A.C. Plant on the terrace.
6.5 That after the locking period of lease, Lessee wants to vacate the lease property,
three months notice is required to served upon the lessor, failing which the lessee
will be liable for three months rent
6.6 That the lessee will be given Moratorium period of 90 days within which the
furniture or interior work must be completed by the Lessee and in no case
moratorium period will be extended. That the lessee will not be allowed to make
use the lease premises for their business in this moratorium period unless they
submit completion certificate of their interior/furniture moratorium will be over by
completion of 90 days or the day from which the lessee start making use of the
lease property whichever is earlier.
6.7 Electricity, water, Municipal Taxes and other charges The LESSEE shall be
responsible for payment of all charges for water and electricity consumed in the
said premises during the period of the lease as well as for the payment of telephone
and other bills other dues including bills for the telecommunication equipment
installed in the said premises during the period of lease even though the electricity /
telephone other bills may be received after the expiry or earlier revocation or
termination of the lease and shall indemnify and keep indemnified the LESSOR,
against non payment of the same. LESSEE shall pay these charges directly to the
concerned authorities/ agencies as per their bills within the prescribed time period
and shall submit copies of bills and receipts to the LESSOR immediately after the
payments. The lessee has to install water meter tested and certified by approved
government agency at his own cost. The lessee has to follow the rules and
regulations if any framed by the SRFDCL for water usage and bound to follow any
changes in it in future.
6.8 Fire : The fire system is installed by the SRFDCL but lessee is responsible to
inspect and maintain the system for his/its leased premise and if required has to
provide additional fire extinguisher at his own cost and has to keep them in working
condition.
6.9 Sub - lease
The LESSEE cannot sublet the leased premises to any other Individual, company,
Institution, and Organization.
6.10 Repairs
That minor day-to-day repairs of the leased premises such as fuses, leakage of
water Taps, Maintenance of toilets plumbing etc. will be responsibility of the
LESSEE.
6.11 Nuisance
The LESSEE shall not use the leased premises in a way or parked the vehicles in
the way that may or is likely to cause nuisance or annoyance to the Lessor and/or
other occupants of the property.
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6.12 The LESSEE shall at its own cost and charges is entitled to carry out all renovation,
and interior work including painting in the said premises but it shall not carry out
any structural alterations and/or elevation of the building and/or exterior portion of
the building without the prior written consent of the LESSOR.
6.13 Inspection of the Leased premises
The LESSEE shall during its working hours shall permit the LESSOR or its
representatives to enter into and upon the premises at all reasonable times after 12
hours notice in writing to him for the purpose of examining the state, and condition
and if necessary for repairing any part of the leased premises and to keep it and all
services, drains, pipes, cables and other convenience belonging to or used for the
leased premises in good order and condition. In no case the Lessee will entitle to
change/lay down the new water line and/or drainage pipes, without written
permission of Lessor
6.14 Sign Boards and advertisement
The LESSEE shall be entitled to display name - plates, of the Company within the
building at a given location by the LESSOR free of cost. Lessee shall not be
permitted to put up nameplate, logo, signboard, placard, neon sign, advertisement
etc. anywhere outside or inside the building.
6.15 That the lessee should obtain the requisite license for their business at their own
cost.
ARTICLE 7
LESSOR COVENANTS
7.1 Compliance with rules and regulations
There is presently no claim, action, litigation, arbitration, garnishee or other
proceeding pending against LESSOR and relating to the leased premises or the
transactions contemplated hereby and to the best of LESSOR’s knowledge and
belief, there is presently no claim, governmental investigation or threatened
litigation or arbitration proceedings to which LESSOR is a party relating to the
leased premises. The LESSOR shall give the LESSEE immediate notice of any
such claim, litigation, proceeding or investigation, which becomes known to it prior
to execution hereof;
7.2 Peaceful and Vacant Possession / Enjoyment
The LESSOR has represented to the LESSEE that it enjoys the uninterrupted, quiet,
peaceful, physical, vacant and legal possession of the leased premises without any
interference whatsoever. The LESSOR has handed over the vacant and peaceful
possession of the leased premises to the LESSEE free from any interference,
objections, eviction, claim, interruption and demand whatsoever by the LESSORS
and or any government Authority or any person lawfully or equitable claiming by
of from under or in trust for the LESSOR and, or, any government Authority,
provided that the LESSEE does not violate any government or statutory regulations
or any terms of the said lease.
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7.3 Repairs and Maintenance
The LESSOR shall be responsible for major repairs, in respect of common area of
the building such as masonry work, destruction of electric cables, bursting or
corrosion of water pipes or sewerage system. However damages incurred due to
negligent usage of property/facility by lessee, his employees, his visitors will have
to be repaired by LESSEES at their own cost.
The LESSEE shall be responsible for the maintenance of furniture/fixtures and
other equipments provided by the LESSOR.
7.4 Taxes
The LESSEE shall pay all the present and future taxes (including Property Taxes,
GST), charges, duties, cesses, fines, penalties and other outgoings, present and
future payable to the governmental and/or any other authorities and municipalities
in respect of the leased premises. The LESSEE shall indemnify and shall at all
times keep indemnified the LESSOR from any and all liabilities and consequences
arising from any and all such non-payment, delayed payment, attachment,
disturbance of possession, notice, order, litigation etc. The LESSOR has to take the
Insurance of the premises and the LESSEE will take the insurance of the Furniture
& Fixtures & Equipments & human Bodies.
ARTICLE 8
BREACH
8.1 If the LESSEE commit a breach of any of the terms, stipulation and conditions of
these presents, the LESSOR shall give a written notice to that effect and if the
LESSEE failed to give a reply within a period of 30 days from receipt of such
notice to remedy any such breach, then in such event the LESSOR without being
bound shall be entitled to terminate the lease agreement. If the LESSEE vacates the
premises as a result of such termination the embargo of 36 months lock-in period
shall remains applicable or enforceable. If Lessee vacates the premise before
completion of 36 months lock-in period, the lessee is liable to pay the lease rent of
the balance lock-in period. If any breach occurs during the period of 36 months
lock-in period, the Lessee is liable to pay the lease rent of the balance lock-in
period.
8.2 If, however, the LESSOR fails, neglects or refuses to honor any of the
commitments made on their part to the LESSEE as mentioned in this Agreement,
then the LESSEE shall have the right to give 30 days written notice to the LESSOR
to rectify the breach failing which the LESSEE shall be entitled to terminate this
lease, even within lock-in- period vacating the said premises.
ARTICLE 9
INDEMNITY
9.1 The LESSOR represent and warrant that they are lawfully and rightfully entitled to
lease out the leased premises and are fully entitled to execute this agreement and
have obtained all requisite permissions to let out the premises to the LESSEE and
the said permission / approvals are in full force and effect. The LESSOR shall hold
the LESSEE fully indemnified and harmless against any demands, claims, actions
or proceedings by any other person in respect of quiet and peaceful possession and
34
use of the leased premises by the LESSEE, provided the LESSEE abides by all
statutory rules and regulations and the terms of the agreement.
9.2 The LESSOR shall abide by all laws, bye-laws, Rules and Regulations of the
Government or any other authority or local body and shall observe and perform the
covenants and conditions and shall attend to answer and be responsible for all
violations of any of the conditions or rules, or bye-laws, that may be required to be
followed, observed and performed by the Landlord of a property, by the said
authorities and shall sign and execute any documents required thereof and the
LESSOR shall always keep and hold the LESSEE harmless and indemnified in this
regards.
9.3 The LESSOR and the LESSEE agree to indemnify and keep indemnified each other
of, from and against all action, suits, proceedings, costs, charges, expenses and
other liabilities brought against, suffered or incurred by the LESSOR or the
LESSEE by reason of any breach, non-performance or non-observance by the
LESSOR or the LESSEE, as the case may be of any of their respective obligation
under this Agreement.
9.4 Notwithstanding anything herein contained if the LESSEE is dispossessed from the
leased premises as a result of any legal proceedings or action against the LESSOR
of any law, regulations, rules, bye-laws in force in India, or for any other reason,
the lease shall stand terminated from the date of dispossession of the LESSEE
consequent thereto, at the sole option of the LESSEE. All amounts due and payable
to the LESSEE on such date in terms hereof together with the full rent for the
month of dispossession, in whole, shall be forthwith paid to the LESSEE by the
LESSOR without delay, demur or protest and such payment shall be without
prejudice to any and all rights of the LESSEE in terms hereof as also the LESSEE’s
right of recourse against the LESSOR, provided that the LESSEE shall not be liable
to pay any rent to the LESSOR from such date of dispossession.
ARTICLE 10
FORCE MAJEURE
If the said premises or any part thereof shall be destroyed and / or rendered unfit for
use due to any Act of God like earthquake, tempest, lightening, flood, air, enemy
action or any other irresistible force or State intervention over which the parties
have no control, the LESSEE shall have the option to terminate the agreement
immediately on the happening of such event PROVIDED that, if only a portion of
the said premises is destroyed or rendered unfit for use and if the same can be
restored and / or made fit for use within one month from the date of such happening
or within any other period that may be extended by the Lessee, the LESSOR shall
restore and / or make the same fit for use at the LESSOR’s own costs and in that
event the Lessee shall not determine these presents but during the period such or
restoration and / or repairs the rent payable under this Deed shall proportionately
abate on the basis of utility and /or the effect such destroyed and / or unfit part has
on the working of the said Premises. On such happening the LESSEE shall not be
entitled to raise any claim of whatsoever nature on the LESSOR.
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ARTICLE 11
INSURANCE
The LESSEE shall insure the equipments, their own furniture, fixtures & other
items installed within the said premises against all risks at its own cost. The Lessee
shall take insurance and responsibility of the persons/employee working or
visiting, customers, visitors, patients etc. visiting in the said Premises.
ARTICLE 12
MORTAGE/SALE/TRANSFER OF THE SAID PREMISES
That the LESSOR shall have the right to sell, Mortgage without possession, transfer
or otherwise dispose of the Said Premises, during the entire tenure, the new
LESSOR will step into the shoes of the existing LESSOR without changing the
terms and conditions of the Lease agreement under any circumstances. The Lessor
shall ensure that the rights of the Lessee under the Lease Deed are not adversely
affected or curtailed by virtue of any transfer by incorporating appropriate
covenants in the agreement to be entered into with the purchaser/ transferee / aliene
and taking all reasonable steps to enforce them. The Lessor shall ensure that the
new purchaser shall be bound by all terms and conditions of the Lease Deed and in
such case the New Lessor will step in the shoe of the Lessor with the same terms
and condition only by serving the Attornment Notice to the Lessee and on receiving
the Attornment Notice the Lessee will accept the New Lessor as Lessor and
accordingly the Rent will be paid to the New Lessor. The Lessor shall ensure that
the new arrangement or encumbrance is not prejudicial to the interest and rights of
the Lessee in any form or manner and the Lessor shall also mention regarding the
lease Transfer in the sale deed with the new purchaser. In the event mortgage
without possession the Lessor agrees to intimate the Lessee within a fortnight of
creation of such mortgage and with a covenant in the mortgage document the lease
hold rights of the Lessee will be fully protected even if the Lessor fails to repay the
money advanced by the Lender in whose favor the property may be mortgaged.
ARTICLE 13
MISCELLANEOUS
13.1 Any notices, communications or correspondence to be given under this Agreement
shall either be delivered personally, or sent by registered post, by courier or by
facsimile transmission. The address for service of each party shall be the addresses
appearing above.
13.2 If any provision of this agreement or part thereof is rendered void, illegal or
unenforceable in any respect under any law, the validity, legality and enforceability
of the remaining provision shall not in any way be affected or impaired thereby and
the decision of Managing Director/ Municipal Commissioner of Lessor in that
respect will be final.
13.3 This agreement constitutes the entire agreement between the parties and saves as
otherwise expressly provided no modification, amendment or waiver of any of the
provision of this agreement shall be effective unless made in writing specifically
referring to this agreement and duly signed by the parties hereto.
13.4 Unless otherwise provided hereunder, all indemnities provided by the LESSOR in
this agreement shall survive the termination or expiry of this agreement.
13.5 The LESSOR shall keep all information and other terms and conditions in relation
to this agreement and also in relation to the LESSEE confidential and shall not
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without the prior written consent of the LESSEE, divulge such information to any
other person or use such information in any manner whatsoever except as required
by law, or by governmental regulation, requirement or order or as may be necessary
to establish or assert its rights hereunder.
13.6 In the event of any dispute of difference arising between the parties hereto relating
to any aspect contained in this agreement, whether within the validity of the terms
of this agreement or at any time afterwards, the same shall be referred to arbitration
of one arbitrator to be appointed by mutual consent of each party in accordance
with the Arbitration and Conciliation Act, 1996 or statutory modification or re-
enactment thereof for the time being force. The venue of Arbitration shall be
Ahmedabad. The parties to this agreement irrevocably submit to the exclusive
jurisdiction of the COURTS OF AHMEDABAD with reference of this agreement.
13.7 This agreement shall be governed by the laws of INDIA and what is recorded in the
agreement reflects the true and complete intention of the parties hereto. Any
variation in any of the terms and conditions of this agreement shall be valid only if
the terms and conditions of such variation is laid down in a separate supplementary
agreement and signed by both the parties hereto.
13.8 Lessee is not permitted to use space or area other than the leased premise without
prior permission of SRFDCL.
13.9 The stamp duty and registration charges, lawyer’s fees etc. shall be borne and paid
by the LESSEE only.
SCHEDULE
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In the presence of following
two Witnesses :
1. 2.
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ANNEXURE-C
39
TENDER FOR GIVING OFFICE / RESTAURANT PREMISE ON LEASE AT -RIVERFRONT HOUSE
OFFICE
30.77 x
12.19(AVG.)
OFFICE
26.40x5.85
(AVG.)
VERANDAH
ELEC.
ROOM LIFT-1
LOBBY LIFT-2
OFFICE
5.00x14.11
13.17x13.31 OFFICE OFFICE
TOILET TOILET 26.75x22.09(AVG.) 8.500x12.16
(M) (F)
LIFT-3
ACC.TOI.
COMMON AREA.