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[Boutique] Land Transfer Agreement


Article 1: Land Transfer Agreement

Party A: XX Township xx Village Group 2 Lang Qiyong.

Party B: Lang Qisheng Kong Jinrong Jinwu

After the decision of both parties on the premise of equality and mutual benefit, Party A agrees to transfer the right to use the land to Party B and reach the following agreement:

1. Transfer of land to the boundary and area

The land location is on the west side of the xx to x highway x riverside. East to highway; x ditch to x Huadi boundary; west to xjiang; north to x boundary. The transfer area is about 1.2 acres.

Second, the land transfer method: permanent

Third, the transfer price and payment method

The transfer price of the land is: Lu Wan Lu Yuan Yuan.

Payment method: Pay in one lump sum on the day of signing and drawing by both parties.

Fourth, the responsibility of both parties.

1. From the date of signing the contract, the land use right belongs to Party B, and Party A has no right to interfere with Party B's right to use the land.

2. If there is a land dispute, Party A shall be solely responsible for solving it, and has nothing to do with Party B. If Party B causes economic losses, Party A shall compensate Party B according to the total economic loss of Party B.

3. If Party A illegally intervenes in the use rights of Party B and arbitrarily changes or cancels the contract and causes losses to Party B, the penalty for breach of contract shall be punishable by the transfer fee of the contract plus 50 times of the funds invested by Party B.

4. If Party Village or Villager Group collects any fees on the land, Party A shall pay the amount from the transfer.

V. Other agreed matters

This contract is in six copies, one for Party A, three for Party B, one for each of the xx Natural Village Groups, and one for the xx Village Village Committee.

6. This contract shall become effective on the date of signature or seal of both Party A and Party B.

Other matters agreed by Party A and Party B

In the event that the contract is not completed, Party A and Party B shall jointly negotiate and reach an agreement to form a written supplementary agreement. The Supplementary Agreement has the same legal effect as this Agreement. Both Wang and B and their descendants will abide by.

Signature of Party A: Signature of Party B:

Xx village committee signing: xx village group signing:

PART 2: Land Transfer Agreement

Contract number: _________

Party A: _________

Legal address: _________

Legal representative: _________

Position: _________

Attorney: _________

identification number:_________

mailing address:_________

Postal code: _________

Contact: _________

phone:_________

fax:_________

account number:_________

email:_________

Party B: _________

Legal address: _________

Legal representative: _________

Position: _________

Attorney: _________

identification number:_________

mailing address:_________

Postal code: _________

Contact: _________

phone:_________

fax:_________

account number:_________

email:_________

Party A has land use rights of _________ square meters located in _________ City _________ Road. Party A intends to transfer the land use right and related project development rights to Party B. After friendly negotiation, both Party A and Party B have voluntarily reached the following agreements in accordance with the laws and regulations on land transfer and development in China, in conjunction with the actual conditions of the land referred to in this Agreement and their development, for mutual compliance.

Article 1 Basic information on the transfer of land

1. Land location: _________

2. Area of ​​land use rights: _________

3. Approved floor area ratio: _________

4. Approved building area: _________

5. Land planning use: _________

6. Land use period: _________

7. Status of the land: _________

8. State-owned land use certificate number: _________

9. State-owned land use right transfer contract number: ______

10. Land number: _________

Article 2 Status of Land Project Development Rights

1. Party A has received the construction land approval, construction land planning permit, and construction project planning permit;

2. Party A has approved the _________ municipal government to obtain individual development rights on the land to be transferred, and has received a single development qualification certificate;

3. Party A has entrusted the design and completed the construction and construction procedures according to the land use purpose, and paid the fees for the construction.

Article 3 Other Rights Status

1. Party A confirms that the land use right and project development right transferred by this Agreement are legally owned, and there is no property rights such as mortgage, seizure, or third party claiming rights;

2. To assume the creditor's rights and debts and all legal and economic liabilities arising from the status quo of the transfer payment, Party A confirms that all the payables and expenses have been paid for the acquisition of the land use rights and project development rights transferred by this Agreement, and there are no claims or debts. dispute.

Provision of Article 4 files

1. Party A shall provide Party B with the following files: Party A's business license issued by the administrative department for industry and commerce.

2. 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.

Article 5 Term of Transfer

1. The term of the land use right transfer referred to in this contract is from the date of the date stated in the state-owned land use right certificate of the site claimed by Party B to _________ years _________ month _________.

2. 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.

3. Within the term of the transfer, Party A shall not reclaim the right to use the land except as otherwise provided in this contract.

Article 6 Transfer price

1. Both Party A and Party B confirm that the transfer price of this Agreement is based on the parable area that Party A has approved, and the transfer price is RMB _________ yuan per square meter, which is RMB _________ yuan;

2. The above-mentioned transfer price includes all payments and fees paid and payable by Party A for the right to use the transferred land and the project development rights;

3. Party B is allowed to increase or decrease the building area after being transferred, and has nothing to do with Party A. It does not act as a basis for increasing or decreasing Party B's payment to Party A.

Article 7 Payment method

Pay

Within _________ business days from the date of entry into force of this Agreement, Party B shall pay Party A the amount of _________% of the transfer price of this Agreement.

Party A will involve the transfer of land use rights and project development rights information, including but not limited to land transfer contract, red line map, construction land approval, construction land planning permit, construction project planning permit, architectural design points, Party A shall pay _________% of the transfer price of this Agreement to Party A within _________ working days after the delivery of the original drawings of the design drawings, individual development rights approval documents and qualification certificates;

Party B shall pay _________% of the transfer price of this Agreement within _________ working days after Party A and Party B jointly apply for the land use right and project development right concerning the transfer of the land to Party B or its designee. To Party A.

In accordance with the project development needs, Party B shall pay _________% of the transfer price of this Agreement to Party A within _________ working days after the original planned office and shopping mall functions are submitted for commercial and residential functions.

Within _________ days after Party B is approved to start work, Party B shall pay Party A the remaining transfer price of this Agreement.

2. The bank that Party A receives the transfer price of this agreement is: _________ The account number is: _________; Party A may also notify Party B in writing of the new bank and account number of Party A's collection or entrustment of third party collection: _________.

3. Party A shall, when receiving the payment from Party B, issue an invoice to Party B or the unit or individual designated by Party B as required.

Article 8 Delivery of documents and procedures

1. Within _________ working days after the commencement of this contract, Party A shall submit the land use rights and project development rights information concerning the transfer of the land, including but not limited to the land transfer contract, red line map, construction land approval, The original materials such as the construction land planning permit, construction project planning permit, architectural design key points, design drawings, individual development rights approval documents and qualification certificates shall be given to Party B.

2. Within _________ days after the entry into force of this Agreement, both Party A and Party B shall prepare relevant materials to jointly apply to the Municipal Planning Department for the transfer of registration procedures for the use rights of the land referred to in this Agreement and the transfer of the project development rights.

Article 9 The burden of taxes and fees

In the process of re-name and transfer of land use rights and project development rights in this Agreement, all taxes and fees that should be collected by the competent authorities of the government and the agencies designated by the government departments shall be borne by Party A. If they are to be shared by Party A and Party B as required, It is also paid by Party A in the name of Party B. The part that Party B should bear is already reflected in the payment to Party A in the form of the transfer price.

Article 10 Legal status of the transfer

1. After Party A transfers the land use right involved in this Agreement, the rights and obligations stated in the land use right transfer contract and the registration file shall be transferred to Party B;

2. Before the registration of the transfer of land use rights, Party A shall bear the risks and liabilities arising from the property rights of the land; from the date of approval of the transfer registration by the real estate registration authority, the risks and liabilities of the land shall be from Party B. bear.

3. All funds, expenses, liabilities and liabilities that Party A shall pay in order to obtain the land use right and project development right of the land shall be borne by itself and shall not be transferred due to the entry into force of this Agreement and the transfer registration procedures.

Article 11 Party A’s liability for breach of contract

1. After the entry into force of this Agreement, Party A shall unilaterally terminate this Agreement or delay the performance of this Agreement for more than 30 working days, and Party A shall constitute a fundamental breach of contract. Party A shall return the deposit of Party B twice, return the transfer money received from Party B and pay interest to Party B according to the loan interest rate of the bank at the same time.

2. Because Party A conceals the facts, there is a reason for the third party to have rights to land use rights and project development rights referred to in this Agreement or other Party A, which may result in the failure of this Agreement to be fulfilled. Party A shall unilaterally breach the contract. Party A shall Paragraph 1 provides for responsibility to Party B.

3. If Party A's delay in fulfilling its obligations under this Agreement does not reach a fundamental breach of contract, Party B shall pay Party B a penalty of RMB 10,000 per day for the transfer of Party B's payment.

4. For reasons of Party A, in the transfer of land use rights and project development rights or debts transferred to Party B, affecting the development of Party B's project, Party B has the right to directly pay the transfer price payable by Party A to the creditor claiming rights, and investigate Party A. Party’s liability for breach of contract.

Article 12 Party B's liability for breach of contract

1. After the entry into force of this Agreement, Party B shall unilaterally terminate this Agreement and shall compensate Party A for its economic losses in accordance with _________% of the total price of this Agreement;

2. If Party B delays payment of the transfer price to Party A, Party A shall pay liquidated damages to Party A according to the delay of _________ per day, and Party A shall have the right to terminate this Agreement within 30 working days. Party B shall, in accordance with this Agreement, The _________% of the price compensates Party A’s economic losses.

3. In the event of the above circumstances, this Agreement shall be terminated. Party B shall transfer the original information of the project obtained by Party A and the archives obtained from the subsequent development to Party A without compensation.

Article 13 Declaration and Guarantee

Party A:

1. 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.

2. All the procedures required for Party A to sign and perform this contract have been completed and are legal and valid.

3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that is sufficient to cause Party A to have a material adverse effect on the performance of this contract.

4. 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.

5. The internal authorization procedures required by Party A to sign this contract have been completed, and the signatory of this contract is a representative or authorized representative of the method. After the contract comes into effect, it will be legally binding on both parties to the contract.

Party B:

1. Party B has the right to sign and be able to perform this contract.

2. All the procedures required for Party B to sign and perform this contract have been completed and are legal and valid.

3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that is sufficient to cause Party B to have a material adverse effect on the performance of this contract.

4. The internal authorization procedures required by Party B for the purpose of signing this contract have been completed. The signatory of this contract is the representative or authorized representative of Party B. After the contract comes into effect, it will be legally binding on both parties to the contract.

Article 14 Confidentiality

Both Party A and Party B guarantee the confidentiality of the files and materials that are known to the other party during the discussion, signing and implementation of this Agreement and that cannot be obtained through public channels. The other party may not disclose all or part of the trade secret to any third party without the consent of the original provider of the information and the file. Except as otherwise provided by laws and regulations or otherwise agreed by both parties. The period of confidentiality is _________ years.

Article 15 Notice

1. According to this contract, all notices sent by one party to the other party, as well as the file exchanges between the two parties and the notices and requirements related to this contract, must be in writing and can be transmitted by _________. If the above methods cannot be delivered, the method of delivery of the announcement may be adopted.

2. The mailing address of each party is as follows: _________.

3. A party's change notice or mailing address shall be notified to the other party in writing within _________ days from the date of change; otherwise, the unreported party shall bear the relevant liabilities arising therefrom.

Article 16 Change of contract

During the performance of this contract, in the event of special circumstances, if either party A or B needs to change this contract, the party requesting the change shall promptly notify the other party in writing. After obtaining the consent of the other party, the parties shall sign a written change agreement within the prescribed time limit. Become an inseparable part of the contract. Without the written documents signed by both parties, neither party has the right to change this contract. Otherwise, the economic losses of the other party will be borne by the responsible party.

Article 17 Transfer of the contract

Except as otherwise provided in the contract or agreed by both parties, no rights or obligations of the parties under this contract shall be transferred to a third party without the prior written consent of the other party. Any transfer without any express written consent of the other party is void.

Article 18 Treatment of Disputes

1. This contract is governed by and construed in accordance with the laws of the People's Republic of China.

2. The disputes arising during the performance of this contract shall be settled by the parties concerned through negotiation, or may be settled by the relevant departments; if the negotiation or mediation fails, the following _________ methods shall be adopted:

Submit to the _________ Arbitration Commission for arbitration;

Prosecuted to the people's court according to law.

Article 19 Force Majeure

1. If any party to this contract fails to perform all or part of its obligations under this contract due to the event of force majeure, the performance of the obligation shall be suspended during the event of force majeure.

2. The party claiming to be affected by the force majeure event shall, as far as practicable, notify the other party of the occurrence of the force majeure event in writing within the shortest possible time, and provide the other party with such force majeure events within _________ days after the occurrence of the force majeure event. Appropriate evidence of its duration and written information that the contract cannot be performed or needs to be extended. Claiming a force majeure event causes its performance of this contract to be objectively impossible or impractical, and it is the responsibility of all reasonable efforts to eliminate or mitigate the effects of such force majeure events.

3. When a force majeure event occurs, both parties shall immediately decide how to implement this contract through friendly negotiation. Upon termination or elimination of the event of force majeure or its effects, both parties shall immediately resume the performance of their respective obligations under this contract. If force majeure and its effects cannot be terminated or eliminated, causing either party to the contract to lose the ability to continue to perform the contract, the parties may negotiate to terminate the contract or temporarily delay the performance of the contract, and the party facing the force majeure shall not be liable for this. If the party is force majeure after the delay in performance, the liability cannot be waived.

4. The term "force majeure" as used in this contract means that the affected party cannot reasonably control it. It cannot be expected or even if it is expected to be inevitable and cannot be overcome, and appears after the signing date of this contract, so that the party may Partial performance is objectively impossible or impractical. Such events include, but are not limited to, natural disasters such as floods, fires, droughts, typhoons, earthquakes, and social events such as war, turmoil, strikes, government actions, or legal requirements.

Article 20 Interpretation of the contract

The matters not covered in this contract or the content of the terms are not clear. The parties to the contract may reasonably interpret this contract according to the principles of this contract, the purpose of the contract, the trading habits and the content of the related terms. This interpretation is binding unless the interpretation is inconsistent with the law or this contract.

Article 21 Supplementary and Attached Files

If the matters not covered in this contract are implemented in accordance with relevant laws and regulations, and the laws and regulations do not stipulate, both parties may reach a written supplementary contract. The subsidiary files and supplementary contracts of this contract are inseparable components of this contract and have the same legal effect as this contract.

Article 22: The validity of the contract

1. This contract shall take effect from the date on which the legal representatives of the parties or both parties or their authorized representatives sign and affix the official seal of the unit or the special seal of the contract.

2. The validity period is _________ years, from _________ years _________ months _________ days to _________ years _________ months _________ days.

3. The original form of this contract is _________, and each party holds _________ copies, which has the same legal effect.

person A person B:_________

Legal representative: _________ Legal representative: ______

Attorney: _________ Attorney: ______

Bank of deposit: _________ Bank of deposit: _________

Account number: _________ account number: _________

Signing location: _________ Signing location: _________

_________Year ____________________________________________

PART 3: Land Transfer Agreement

Party A: ____

Party B: ____

Party C: ____

Through friendly consultations between the parties, in accordance with the principles of equality, voluntariness, compensation, and good faith, the agreement on land transfer matters is as follows:

I. Overview of the plot

1. The plot is located at ______ and the land area is ___ square meters. The coordinates of the Zongdi 4 and the boundary points are detailed in the attached file.

2. The land is now used for residential, industrial, general and commercial uses.

Second, the transfer method

1. Party A guarantees that the land will be transferred to Party B through land listing and ensure that the plot ratio of the land is greater than or equal to ___, the greening rate is not less than ___%, and the land use is commercial and residential land.

2. The transfer price of land is _____ million yuan/mu [including differential rent, municipal supporting fees, development compensation fees, demolition and resettlement fees for buildings and structures, young crop compensation fees, air or underground pipeline migration fees and land Management fee], the total transfer price is RMB ______ million.

3. Party B agrees to pay the land price to Party A in the second period according to the following time and amount: the first phase deposit, the _____% of the land price, the RMB _____ million, the payment time and conditions: the two parties sign the agreement, and The land listing procedures have been completed and paid within ____ days after the mortgage registration procedures stipulated in the fourth paragraph of this Article have been completed; in the second period, the balance is paid, which is RMB ____ million, and the payment time and conditions: Party B signs the transfer of state-owned land use rights and pays within ____ working days after obtaining the state-owned land use certificate for the land.

4. In order to guarantee the timely payment of the first phase of the land premium in the preceding paragraph, Party C agrees to provide the state-owned land use rights of the two land as mortgage guarantees. The land use right area of ​​the mortgage is ____ square meters and the number ____ and The number of mortgage guarantees is the same as the scope of responsibility of Party A. Both parties agree to go through the mortgage registration formalities within ____ days after the signing of this Agreement, and the mortgage period shall expire on the date when Party B obtains the state-owned land use certificate of ____ mu of land in the town.

5. The project is operated independently by Party B and is self-sufficient. Party A is willing to help Party B to resolve the tax refund and policy coordination. After the project is completed and audited, if the project's net profit margin exceeds ____%, Party B agrees with Party A's five-fifth share.

Third, liability for breach of contract

1. Party A invites Party B to participate in the public listing of its _____ mu of land, and promises to create conditions for Party B to obtain the land. If Party B fails to obtain the land, Party A is willing to double the deposit, _ __10,000 yuan, Party A shall pay this amount within _____ working days from the date of confirming that Party B cannot obtain the land use right of the clod.

2. If Party B fails to pay the land premium on time, it shall pay Party A a late payment fee of 1.00% of the unpaid portion of the daily payment. Failure to pay on time over _____ business days will be deemed as a lapse of performance of this Agreement and will be entitled to dispose of the deposit paid.

3. Party A shall assume joint and several liability for Party B.

Fourth, other

1. In the process of listing and selling, Party B shall only bear the land deed tax and transaction expenses that shall be borne by the transferee, and other relevant business taxes shall be borne by Party A.

2. The development and construction of Party B shall go through relevant formalities in accordance with laws, regulations and regulations.

3. Matters not covered in this Agreement shall be settled through negotiation between the parties and a corresponding supplementary agreement shall be signed. The Supplementary Agreement shall have the same legal effect as this Agreement.

4. Contradictions and disputes arising from the implementation of this Agreement shall be submitted to the court for ruling when the agreement is invalid.

5. This Agreement shall enter into force after being signed and sealed by the representatives of the parties.

6. This Agreement is in six copies and each of the three parties shall hold two copies.

Party A: ____

representative:____

Party B: ____

representative:____

Party C: ____

representative:____

___year month day

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