[Boutique] Land Transfer Agreement Template
Part 1: Model of the Land Transfer Agreement
Assignor:___________________________
Transferee: ___________________________
In view of the fact that Party A of this contract is the legal owner of the land use right of the land referred to in the contract, and agrees to transfer the land use right of the land; Party B of this contract agrees to transfer the land use right of the land referred to in this contract. Both Party A and Party B have entered into this contract for the transfer of land use rights in the land referred to in this contract to Party B.
General
1.1 According to the "Provisional Regulations on the Transfer and Transfer of Urban State-owned Land Use Rights of the People's Republic of China", "The Urban Real Estate Management Law of the People's Republic of China", "Regulations on the Administration of Urban Real Estate Transfer", "_________" and other relevant regulations, refer to the domestic and _________ In the common practice of each development zone in the city, Party A shall transfer part of the land use right in the _________ plot to Party B for Party B's establishment of _________.
1.2 Both Party A and Party B must abide by the national and local laws and regulations governing the transfer of land use rights and the transfer of land use rights and the “land use rights transfer contract” signed by the land administration department.
2. Legal status and related files of both parties
2.1 Party A is an economic entity that is approved by the state and is responsible for _________land development and management. It has Chinese legal personality.
2.2 Party B is an economic entity approved by the _________ government and engaged in production and operation _________, with _________ national legal person status.
2.3 Party A shall provide Party B with the following files:
Party A's business license issued by the administrative department for industry and commerce.
Party B shall provide Party A with the following files:
Project approval certificate issued by the investment approval department;
Party B's business license issued by the administrative department for industry and commerce.
3. Party A's confirmation and guarantee
3.1 Party A confirms and guarantees that Party A has the right to transfer the land parcels stipulated in this contract and has the full ability to sign this contract with Party B.
3.2 Party A confirms and guarantees that no mortgage, creditor or debt is set before Party B actually obtains the land use right of the land parcels specified in this contract, and no third party will pursue any interest.
4. Site location and area
Party A transfers part of the land use right in the _________ plot to Party B as the industrial construction land of Party B. The total area of the site is about _________ square meters. For the geographical location, please refer to the “Location Map”.
5. Land use right transfer period
5.1 The time limit for the transfer of land use rights at the site specified in Article 4.1 of this contract shall be from the date of commencement of the state-owned land use right certificate of the site claimed by Party B to ______ years _____ months _____ days.
From the date when Party B receives the state-owned land use right certificate of the site, the land use right of the site mentioned in the preceding paragraph shall be owned by Party B, and its legal rights and interests shall be protected by national laws.
5.2 Within the term of the transfer, Party A shall not reclaim the right to use the land except as otherwise provided in this contract.
6. Land use rights transfer and payment methods
6.1 The transfer of land use rights is _________ dollars per square meter, and the total _________ square meters is _________ dollars.
The total amount of land use right transfer payment mentioned in the preceding paragraph shall be based on the product of the area of the land administration department surveying and measuring the land and the unit price of the land mentioned in the preceding paragraph, and shall be subject to multiple refunds.
6.2 After signing the parties to this contract, Party B shall pay the land use right transfer fee stipulated in the preceding article as required by the following time:
The contract signed by both parties within _________ days, ie _______ years ______ months ______ days before payment _______%, _________ dollars;
Within _________ days after the signing date of this contract, the balance of _______% is _________________________________________________________________________________________________________________________________________________________________________________________________________________
Party B shall pay the land use right transfer payment to the bank account designated by Party A: _________
7. Site handover
7.1 Party A shall deliver the site specified in Article 4.1 of this contract to Party B within _________ days after Party B has paid the transfer fee for all land use rights in accordance with Article 6.2 of this contract. When the venue is handed over, the legal representative or the entrusted agent of Party A and Party B shall sign the venue handover order to indicate the completion of the handover of the venue.
7.2 Party A shall notify Party B in writing of the site handover _________ days before the date of delivery of the venue. If Party B fails to hand over the site according to the date indicated in Party A's written notice, if it is overdue for more than _________ days, Party B shall be deemed to have approved the venue as specified in Article 4.1 of this contract.
7.3 Party B shall pay Party B for the land use right certificate after Party B has paid the land transfer right transfer certificate. And go to the _________ City Real Estate Registry for registration.
8. Site infrastructure and conditions
8.1 Unless otherwise stated, the infrastructure referred to in this contract includes the following components:
Power supply, water supply, telecommunications, gas facilities pipelines;
Rainwater, sewage pipes and interfaces;
the way.
The meaning of the interface of the infrastructure pipeline referred to in this contract is as follows:
Access points for rainwater and sewage pipelines;
The access points of other infrastructure pipelines around the depression as defined in Section 4.1 of this contract confirmed by the professional pipeline unit.
8.2 The site specified in Article 4.1 of this Compact is the ______ site that will be leveled, demolition of ground structures and/or structures, and no underground utilities at the average natural elevation of the site.
8.3 When Party B's project is completed and put into production, Party A shall provide Party B with the interface of rainwater and sewage pipelines, as well as other infrastructure pipelines and roads.
When Party B constructs the construction within the transferred land, the site shall have the conditions for water supply, power supply, access roads and site leveling. Party A shall assist Party B to handle the application and approval procedures for temporary use of electricity, water and telephone access. The project cost and capacity cost within the red line imported from the interface shall be borne by Party B.
The public facilities above the infrastructure pipeline interface shall be constructed by Party A and bear all the expenses; Party A shall be responsible for all the formalities that need to be handled by the relevant departments.
8.4 Infrastructure Pipeline Interface The following Party B's own facilities are built by Party B and bear the full cost.
Party B shall use the power supply, water supply, telecommunications, gas, rainwater and sewage discharge and other ancillary facilities to apply to the relevant public utilities. Party A shall provide necessary assistance. Party B shall be responsible for the cost, the installation fee and the required equipment and expenses.
8.5 Party B shall not damage the roads surrounding the site and the various public infrastructures above and below the site when it is constructed within the site specified in Article 4.1 of this contract. If the construction of Party B causes damage to such facilities, it shall be responsible for restoring the original condition and bearing all the expenses and compensation for the losses caused thereby.
8.6 Without the permission of the right holder, Party B shall not excavate or occupy any land other than the site specified in Article 4.1 of this contract for any reason. If it is necessary to temporarily occupy the land and roads other than the site specified in Article 4.1 of this contract, it shall obtain the competent government. The consent of the department or the relevant land user.
8.7 During the transfer period, Party B agrees that Party A shall lay the heat network pipeline in the marginal zone within the land specified in Article 4.1 of this contract, and provide construction convenience to Party A. However, Party A shall consult with Party B in the specific implementation plan.
9. Other rights and obligations
9.1 Party B must complete not less than ______% of the total construction safety project before ______ _____ month _____ days, and must complete the work before ______ years _____ months _____ days
9.2 Within the time limit for the transfer, Party B has the right to dispose of the land acquired under this contract in accordance with the law, including the transfer, lease and mortgage. The occurrence of the above facts shall be handled in accordance with the relevant laws, regulations and rules of the People's Republic of China and Shanghai, and shall not be inconsistent with the relevant provisions of the land use right transfer contract and this contract. When the above facts occur, Party B shall send the relevant legal files to Party A for the record. The successor or transferee of the land use right arising from the occurrence of the above facts is the bearer of Party B's rights and obligations as stipulated in this contract.
9.3 All construction and facilities constructed by Party B in the site specified in Article 4.1 of this contract, including alteration, expansion, etc., involving transportation, communication, fire protection, environmental protection, sanitation, greening, etc. shall be submitted to Party B for approval and implementation by the relevant competent authorities of the government. Party B's above activities shall be in accordance with the relevant planning of the _________ district approved by the competent government department, _________ construction unit planning, construction management conventions and various management requirements.
9.4 When Party B transfers or leases the site specified in Article 4.1 of this contract in accordance with the contents of Article 9.1 of this contract, the project invested by the transferee shall meet the requirements of the industry orientation and overall planning of the _________ district.
9.5 Public health, greening maintenance, municipal maintenance and other matters outside the site boundary specified in Article 4.1 of this contract shall be borne by the park management agency. Party B shall pay Party A the management fee in accordance with the relevant regulations promulgated by the municipal city management agency of _________ District. This management fee should be a reasonable fee.
9.6 All economic contracts, contracts, vouchers, etc., which involve the transfer, re-transfer, inheritance, lease and mortgage of land use rights and the change of property rights of buildings and attachments, etc., shall be handled in accordance with the relevant regulations. Registration.
9.7 Within the time limit for transfer, Party B shall pay land use fees to the government land administration department as required.
10. Renewal and contract termination
10.1 After the expiration of the land use right transfer of the site specified in Article 4.1 of this contract, if Party B wishes to continue to use the site specified in the contract and Party A still owns the land use right of the site, Party B may apply for renewal.
If Party B applies for renewal, it shall meet the following conditions:
The written application for renewal shall be delivered to Party A _________ years before the expiration of the land use right transfer;
The approval document of the investment approval department that agrees to extend the business period of Party B shall be delivered to Party A _________ months before the expiration of the land use right.
Part 2: Model Land Transfer Agreement
Transferor:_________
Transferee: _________
In accordance with the "Law of the People's Republic of China on Rural Land Contracting Law" and other relevant laws and regulations and relevant state policies, the two parties shall, in accordance with the principle of equality, voluntariness and compensation, agree on the transfer of land contractual management rights and conclude this contract.
1. Transfer target: Party A shall transfer the contractual management right of _________ village _________ village _________ group _________ mu land contracted to Party B for _________ production and operation.
Second, the transfer period: the transferred land contractual management right is _________ years, that is, from _________ years _________ months _________ days to _________ years _________ months _________ days.
3. Transfer price: The transfer of the transferred land contractual management right is _________ yuan. When Party A contracts to operate the relevant land parcels, the actual investment funds and manpower transformation of the land may be charged a reasonable compensation. The compensation for this contract is _________ yuan. The total amount of the two totals is _________ yuan.
4. Payment method and time: Party B shall pay the transfer payment and compensation by the following _________ methods and time:
1. Payment of the transfer money and compensation in cash, the payment time is _________.
2. The payment method and payment of the transfer money in kind, the actual object is ______. The time is _________.
V. Time and method of delivery of land contractual management rights: Party A shall deliver the land for transfer of contractual management rights to Party B by _________ _________ month _________. The delivery method is _________ or all delivery in the field.
6. Special agreement on the transfer and use of contractual management rights
1. The transfer of land contractual management right must be approved by the contracting party, and Party A shall go through the relevant formalities, and Party A shall terminate the contractual relationship with the contractor after the contract takes effect.
2. The contracted land to be delivered by Party A must meet the standards agreed by both parties.
3. Party B must establish a new contractual relationship with the contractor, change the land management right certificate, and sign a new land contractual operation contract in order to obtain the land contractual management right.
4. After obtaining the land contractual management right, Party B shall enjoy the use, income, and independent organization of production and operation and product disposal rights of the land according to law.
5. Party B must bear the agricultural tax and other obligations stipulated by the state policy according to the number of acres of land.
6. Party B must protect and rationally use the land according to law, must not predatory business, not cause permanent damage to the land, and be responsible for protecting the national and collective assets such as forest trees, irrigation and drainage facilities on the contracted land.
7. Party B shall not change the agricultural use of the land and shall not be used for non-agricultural construction.
8, other agreements: _________.
7. Liability for breach of contract:
1. Both Party A and Party B shall strictly perform their contractual obligations in good faith after the contract takes effect. If one of the parties defaults, the breach of contract shall be paid to the observant party. The amount of liquidated damages is _________.
2. If the liquidated damages are not enough to make up for the economic loss of the observant party, the defaulting party shall increase the payment of compensation in addition to the liquidated damages. The amount of compensation shall be determined by the parties or the parties involved in the negotiation or the land contract arbitration institution according to the specific circumstances of the loss, and may also be decided by the people's court.
Eight, dispute clause
In the event of a dispute arising from the conclusion, validity, performance, modification and dissolution of this contract, both parties shall resolve it by negotiation, and if the negotiation fails, the following _________ methods shall be adopted:
1. Bring to the villagers' committee, the township people's government, and the rural land contract management agency for mediation;
2. Submitting to the _________ Arbitration Commission for arbitration;
3. File a lawsuit in a people's court with jurisdiction.
IX. Conditions for entry into force: Both parties agree that this contract shall be signed by both parties, agreed by the contracting party and effective after being filed by the rural government management agency of _________.
X. Other terms
For matters not covered by this contract, a supplementary agreement may be signed by both parties. The Supplementary Agreement is equally valid as this Agreement.
This contract is in quadruplicate and shall be executed by both Party A and Party B, the contracting party and the attestation and filing unit.
Party A representative: _________
Party B representative: _________
ID number: _________ ID number: _________
Address: _________ Address: _________
_________Year ____________________________________________
Employer: _________
Forensic unit: _________
Legal representative ID number: _________
_________Year ____________________________________________
Part 3: Model Land Transfer Agreement
Transferor:
Transferee:
In accordance with the "Law of the Rural Land Contracting Law of the People's Republic of China" and the "Measures for the Administration of the Transfer of Rural Land Contracting Management Rights" and other relevant laws and regulations and relevant state policies, both Party A and Party B shall, in accordance with the principles of law, voluntariness and compensation, The contract for the transfer of rural land contractual management rights is entered into.
First, the transfer of the target
Party A shall transfer the contractual management right of the contracted and operated land in the rural group to Party B.
Plot
Name is located in the plot number area quality level
Remarks
Second, the transfer period
The term of the transferred land contractual management right is the year, that is, from the date of the year to the day of the month.
The transfer of the transfer of land contractual management rights is yuan. The compensation for the actual investment of funds and manpower for Party A is RMB.
Fourth, payment method and time
Party B shall pay the transfer payment and compensation in the following manner and time:
1. Party B pays the transfer payment and compensation in cash, and the time and method of payment are as follows.
2. Party B pays the transfer money and compensation in kind, in kind. The time and method of payment is.
V. Delivery time and method of transfer of land for contractual management rights Party A shall deliver the transferred land to Party B before the date of the year. The delivery method is . If the rural land contract management department of the People's Government, the contractor, or any third party designated by the two parties authenticates, Party B shall issue a transfer receipt for the transfer of land signed by Party B to Party A)
6. Special agreement on the transfer and use of contractual management rights 1. Party A's transfer of land contractual management right shall be subject to the consent of the Employer, and Party A shall handle the transfer approval procedure and terminate the contractual relationship with the Employer after the contract becomes effective.
2. The transfer land delivered by Party A must meet the standards agreed by both parties.
3. After obtaining the land contractual management right according to the contract, Party B shall establish a new contractual relationship with the contractor and handle the relevant formalities.
4. After obtaining the land contractual management right, Party B shall enjoy the right to use, manage the decision, dispose of the product and earn the income according to the law during the contract period.
5. After Party B has obtained the land contractual management right, it must bear the expenses and other obligations stipulated in the national policy according to the number of acres of land.
6. Party B must manage the use of contracted land, protect the land, do not predatory operations, and be responsible for protecting the national and collective property such as forest trees, irrigation and drainage facilities on the contracted land.
7. Party B shall not change the agricultural use of the land.
8, other conventions:
VII. Liability for breach of contract 1. Both parties shall strictly perform their contractual obligations in accordance with the principle of good faith after the contract takes effect. If one of the parties defaults, the breach of contract shall be paid to the observant party. The amount of liquidated damages is.
2. If the liquidated damages are not enough to make up for the economic loss of the observant party, the defaulting party shall increase the payment of compensation in addition to the liquidated damages. The specific amount of compensation is determined by the specific loss situation. 8. In the event of a dispute arising from the conclusion, validity, performance, modification and termination of this contract, both parties shall resolve it by negotiation, and if the negotiation fails, it shall be resolved in the following manner:
1. Bring to the villagers' committee, the township people's government, and the agricultural contracting agency management agency for mediation;
2. Submitting to the Arbitration Commission for arbitration;
3. File a lawsuit in a people's court with jurisdiction.
IX. Conditions for entry into force
Party A and Party B agree that this contract shall be validated after being signed and filed by both parties and transferred to the rural management organization of the township people's government where the contracted management right land is located.
X. Other terms
For matters not covered by this contract, a supplementary agreement may be signed by both parties. The Supplementary Agreement is equally valid as this Agreement.
This contract is in quadruplicate and shall be executed by each party, the contracting party and the attestation unit.
Party A: Party B: Legal representative: Legal representative: Legal representative ID number: Legal representative ID number: Address: Address:
Signing date: year, month and day
___________________________________________________
Forensic unit: date of assessment
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