LEAVE LICENSE Agmnt - Nursing Home Ponnur 01 09 22-Rev 2
LEAVE LICENSE Agmnt - Nursing Home Ponnur 01 09 22-Rev 2
LEAVE LICENSE Agmnt - Nursing Home Ponnur 01 09 22-Rev 2
THIS LEAVE AND LICENSE AGREEMENT is made and entered into at Ponnur,
Guntur (Dist). Andhra Pradesh this 1st day of Sept, 2022 between Smt. Thiruvayipati
Janaki Devi, aged 83 years, w/o Late Shri Dr T Venkaiah, having her permanent
residence at House No.15-1-94, Sri Lakshmi Narayana Nursing Home, GBC Road,
Ponnur, Guntur (dist), Andhra Pradesh, Pin 522124 hereinafter being referred to as “the
LICENSORS” (which expression shall, unless it be repugnant to the context or meaning
thereof, be deemed to include them, their respective legal, heirs, successors and
assignees) of the ONE PART;
AND
Shri Vanama Venkata Satya Siva Manikya Rao, Managing Partner, Sri Balaji
Hospitals, aged about 53 years S/o. Shri V. Srirama Murthy, residing at D.No. 14-6-20,
Netaji Nagar, 5th Lane, Ponnur, Guntur, Andhra Pradesh State, Pin code: 522124 &
Shri Bodduluri Ravi Kishore, aged 53 years S/o Shri B. Ranga Rao residing at Plot
no. 304. D.No. 14/11/17, Venkateswara Nagar, Sai Chandra Enclave, Ponnur, Guntur,
Andhra Pradesh State, Pin code: 522124, hereinafter being referred to as “the
LICENSEE” (which term shall, so far as the context admits, be deemed to mean and
include him, his legal heirs, successors and assignees) of the OTHER PART;
WHEREAS:
A. the LICENSORS are the absolute owners of the building of G+2 Floors with
built-up area of 1289 Sq.M at TS No 246, H No.15-1-94, GBC Road, Ponnur,
Guntur, Andhra Pradesh State, Pin code: 522124, which consists of
Hospital, Offices, Commercial and Residential areas, out of which the area
described below:
“The full South wing on the 1 st Floor (consisting of 9 rooms), 3 rooms adjacent to
the Ophthalmology Ward belonging to the LICENSORS, 3 rooms in the South
West wing on the ground floor and the whole area in the North West side of the
ground floor (consisting of 2 consultation rooms, adjacent OP waiting area,
examination room with attached bathroom, labour room, OT preparation room
and operation theatre) and one small store room below the ramp. The said
demarcated partial area on Ground Floor & partial area on 1 st Floor as shown in
the annexure I”
B. the LICENSORS are desirous of providing on Leave and License basis, the
SAID LICENSED PREMISES to the LICENSEE.
D. the LICENSEE is in need of the premises only for the purpose of business of
Hospital, Medical and allied services, like Scan Units, Diagnostics, Pharmacy,
Medical Laboratory services, Emergency services etc., under the name and style
of Sri Balaji Hospitals. The medical services will exclude Ophthalmology and
Dental streams.
E. At the request of the LICENSEE, the LICENSORS have agreed to allow use
of the SAID LICENSED PREMISES by the LICENSEE for the aforesaid purpose
purely on temporary Leave and License basis, without creating any interest in
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favour of the LICENSEE or his family members or his employees or business
partners in the SAID LICENSED PREMISES.
H. Relying upon the representations made by the parties hereto to each other
and believing the same to be true, the LICENSORS have agreed to allow the
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LICENSEE to use and occupy the SAID LICENSED PREMISES and the
LICENSEE has agreed to accept such License, strictly on the terms and
conditions set out hereinafter.
The LICENSEE will operate and maintain, at their cost, the generator and the
motor / water pump in good condition provided by the LICENSORS. During the
power shut down the generator will also be used by LICENSORS the for their
residence & Hospital and pay the expenses to the LICENSEE on pro-rata basis.
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2. The Leave and License in respect of the SAID
LICENSED PREMISES hereby granted is, for a period of 11 months
commencing from 1st Oct, 2022 and ending on 31st Aug, 2023.
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7. The LICENSORS, their architects, contractors, agents
and the officials, responsible for the administration, supervision and maintenance
of the said building, shall be entitled to inspect the SAID LICENSED PREMISES
at any time by giving a notice of at least 24 hours in advance (except in case of
emergency) to the LICENSEE, occupying the SAID LICENSED PREMISES.
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11. The LICENSEE shall not store or allow to be stored in
the SAID LICENSED PREMISES any goods, articles or things of a hazardous,
inflammable or combustible nature (other than quantities for normal use in a
hospital). The LICENSEE shall take all necessary statutory approvals for
storage, piping and use of Oxygen required for patient care in the Hospital.
15. The LICENSEE and employees shall use and occupy the
SAID LICENSED PREMISES at his / their own risk and the LICENSORS shall
not be responsible or liable for any theft, loss, damage or destruction of any
property of the LICENSEE or any other person lying in the SAID LICENSED
PREMISES or in the said building or for any bodily injury caused to any one
whatsoever be the cause of such loss, damage or injury.
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17. The LICENSORS shall:
a) not be entitled to mortgage or charge the SAID
LICENSED PREMISES and shall not be entitled to sell or transfer the
same during the continuance of the License to, or, in favour of any person
or party, so that the rights or the LICENSEE hereunder are not prejudiced,
jeopardized or adversely affected;
b) not to do or omit or suffer to be done anything
whereby this license to use, occupy and enjoy the SAID LICENSED
PREMISES under or pursuant to this Agreement is evaded, forfeited,
prejudicially affected or extinguished;
c) duly observe and perform, abide by and otherwise
comply with all laws, rules and regulations applicable to the SAID
LICENSED PREMISES from time to time, and for the time being in force,
in so far as and to the extent they are required to be observed, performed
or complied with by it and the LICENSORS shall, at all times, keep the
LICENSEE indemnified in this behalf;
d) keep the SAID LICENSED PREMISES at all
times, in good and tenantable repair, condition and the LICENSORS will
take all reasonable steps to maintain and / or cause to be maintained the
electricity supply cables, lights, water supply lines, main pipes, drainage,
sewerage and all other convenience with all their appurtenances which is
outside the SAID LICENSED PREMISES, in a proper state of a
serviceability;
e) be similarly, solely responsible for and liable to
carry out all major and structural repairs (whether external or internal) to
the SAID LICENSED PREMISES, including those of all walls, roofs,
floors, drains, sewers and the appurtenances thereto, upon beings so
required by the LICENSEE or otherwise, as and when necessary;
f) indemnify and keep indemnified the LICENSEE of,
from and against all actions, suits, proceedings, costs, charges, expenses
and other liabilities brought against, suffered or incurred by the LICENSEE
by reason of any breach, non-performance or non-observance by the
LICENSORS or any of their obligations under this Agreement otherwise
however in respect of the SAID LICENSED PREMISES.
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g) indemnify the LICENSEE against all damages to
not only the SAID LICENSED PREMISES but also the other areas of
building of G+2 floors if damaged in case of any arson and destruction
arising out of the running of their Hospital.
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removing the LICENSEE or granting any time by the Licensor to the LICENSEE
for vacating the SAID LICENSED PREMISES, shall not be deemed or taken to
be waiver of the breach nor shall it amount to any renewal of the Leave and
License hereby granted for any further period, but shall be deemed to be a mere
concession given by the LICENSORS to the LICENSEE and the LICENSEE
shall nevertheless be deemed to continue to occupy the SAID LICENSED
PREMISES unauthorizedly. After such expiry or on such sooner determination of
this Agreement as aforesaid and the LICENSEE shall, so long as he fails to
vacate the SAID LICENSED PREMISES, be liable to pay to the LICENSORS,
the monthly rent of Rs.75,000
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LICENSED PREMISES, or as transferring any interest whatsoever therein in
SAID LICENSED PREMISES, other than the permissive use hereby granted or
as entitling the LICENSEE to exclusive possession of the SAID LICENSED
PREMISES. It is an express intention of the parties hereto that the LICENSORS
shall be and shall always be deemed to be in exclusive possession and in full
charge and judicial control of the SAID LICENSED PREMISES at all times and
that the LICENSORS shall, as stated above, at all times, by giving reasonable
notice to the LICENSEE, have full, free and unobstructed entry into the SAID
LICENSED PREMISES and a mere right of user, as per this Agreement, is
granted to the LICENSEE.
IN WITNESS WHEREOF the parties hereto have executed these presents in the
manner hereinafter appearing:
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in the presence of
RECEIPT
RECEIVED of and from the within named LICENSEE, Shri Vanama Venkata Satya Siva
Manikya Rao and Shri Bodduluri Ravi Kishore an amount of Rs. 2,00,000/- (Rupees
Two Lacs only) towards Interest Free Security Deposit and within named Rs. 2,75,000
(Rupees Two Lacs Seventy-Five Thousand only) towards interest free adjustable
amount against compensation, payable by them to us as per clause 4 above.
WITNESS:
1.
2.
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3.
OCCUPANT’S ENDORSEMENT
We have read this Agreement and I agree to abide by the terms and conditions which
are applicable to me and other permitted occupants of the SAID LICENSED
PREMISES, during the currency of this Agreement.
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LEAVE AND LICENSE AGREEMENT
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BETWEEN
[LICENSORS]
AND
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Shri Bodduluri Ravi Kishore
[LICENSEES]
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Dated this 1st day of September, 2022
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