国有土地出让协议英文版

1、Serial No.3201112010CR0018Electronic Administration No.3201112008B00057Contract for State-Owned Construction Land Use Right AssignmentFormulated by:The Ministry of Land and Resources of the People s Republic ofChina and The State Administration for Industry and Commerceof the People s Republic of Ch

2、ina1/12Contract for State-Owned Construction Land Use Right AssignmentThe parties to this Contract:Assignor: Nanjing Land and Resources Bureau, Pukou BranchMailing Address: 16 Wende Road, Jiangpu neighborhood, Pukou districtPostal Code:/Tel:/Fax:/Name of Opening Bank:/Account No.:/Assignee: Nanjing

3、Royal Dock Horse Racing Co., LtdMailing Address:/Postal Code:/Tel:/Fax:/Name of Opening Bank:/Account No.:/2/12Contract for State-Owned Construction Land Use Right AssignmentChapter I General ProvisionsArticle 1.The Concerned Parties to the Present Contract:Assignor:Nanjing Land and Resources Bureau

4、, Pukou BranchAssignee:Nanjing Royal Dock Horse Racing Co., LtdIn accordance with such laws as the Law of Land Administration of thePeople s Republic of China, the Law of the People s Republic of China onAdministrationoftheUrbanRealEstates,theContractLawofthePeople s Republic of China andrelevant ad

5、ministrative regulations andlandsupplypolicies,thetwopartiesherebyenterintothepresentcontractonthebasisoftheprinciplesofequality,voluntariness,compensation, honesty and credibility.Article 2. The Assignor hereby assign the land use right to the Assignee in accordance the authority by laws, notwithst

6、anding the ownership of theassigned land belongs to the Peoples Republic of China. The state shall be entitled to exercise its jurisdiction and administration over the land authorized by the constitution and law and any other power which shallbe exercised by the state according to the legal regulati

7、on of PRC, and also enjoy any rights and interests necessary for the public benefits. The resources and objects buried there under and municipal public facilities shall not fall into the scope of land use right assignment.Chapter II Delivery of the Assigned Land and Payment ofthe Assignment ChargeAr

8、ticle 3. The assigned land is located in group 2, Yuaqi village, Yongning town, Pukou district, with an area east to zhujiashun river bank, west tothe 104th national highway, and north to woods of Italian poplars, south to woods of Italian poplars; the plot serial number thereof is No.2008G38. The t

9、otal land use area is 72,398 square meters, the planning land area for public auxiliary facilities is 4047.2 square meters, and the practical assigned area is 68350.8 square meters. The metes and bounds and theboundary marks as per theLand Survey and delimitation Illustration.Article 4.The using pur

10、pose for the assigned land is: hotel industry land.Article 5.After the Assignee pay off the entire price amount according to1/12article 9 of the present contract, the Assignor is responsive for handingover on May 1stof 2009 to the Assignee the practical assigned land in theshape of pure land, namely

11、 houses and construction shall be removed tothefloorinthe scope of the landparcel,with otherobjectskeepingunchanged,andthe electricwires andpolesshallberemoved bytheAssignee itself. External conditions (road, water, electricity, gas) shall bemaintained as the current situation. The question of entra

12、nce road of thesaid land parcel shall be solved by the Assignee.Theancientorprecious treesshallberemainedastheassignmentcondition,as forothertreestheAssigneeshallcarryoutrelevantprocedure according to national regulations.Article6.Theassignedlandusetermis40years,effectivefromthehandover of land by t

13、he Assignor to the Assignee.Article 7. The total land knockdown charge is RMB 30,000,000 Yuan (say RMB thirty million Yuan).The above said competing purchase price includes compensation and resettlement fees of expropriation, compensation for removal of auxiliaryobjects and government land ownership

14、 earnings, not including the removal expense of such facilities as electric wires and poles and other taxes.Article 8. Before the signature of the present contract, the Assignee shall pay off the entire price amount totaling RMB 30,000,000 Yuan (say RMB thirty million Yuan). Within which 15% of the

15、total amount equal to RMB 4,500,000 (say RMB four point five million Yuan) shall be regarded asdeposit of the performance of the contract. The deposit shall be also counted in the land price amount.Article 9. The Assignee agrees to pay off the remainder of the land price amount according to the sub

16、article 2 of the present article.(1) Paying off the land price amount in a lump sum within / days after the signature of the contract.(2) Paying the land price amount in 3 installments according to the time and amount specified hereunder:The first phase: 30% of the price amount, namely RMB 9,000,000

17、 Yuan(say RMB nine million Yuan), at the time of payment: Nov 25thof 2008.The second phase: 40% of the price amount, namely RMB 12,000,000th ofYuan (say RMB twelve million Yuan), at the time of payment: Dec 262008.The third phase: 40% of the price amount, namely RMB 12,000,000 Yuan(say RMB twelve mi

18、llion Yuan), at the time of payment: Sep 20thof 2008.2/12Chapter III Development and Utilization of the LandArticle10.Thedevelopmentinthescopeoftheassignedlandshallbeimplemented in conformity with the conditions hereunder.The nature of land planning: land for the use of hotel industryThe floor area

19、ratio (FAR) : 0.7Building Density: 25%Green Area Ratio: 50%Building Height Limitation: 15 metersDetailsofconstructionrequirementsasperMainPointsofPlanningDesignOther requirements for the land use: the Consignee shall develop and construct with respect to relevant regulations of the nation.Article11

20、. TheAssigneeagreesthattheconstructionprojectsontheassigned land under this contract shall commence prior to Sep 1st of 2009.In case the commencement of construction needs to be deferred, the Assignee shall submit the application for deferral to the Assignor 30 daysinadvance.Afterthedeferralofcommen

21、cementis approvedbytheAssignor , the time of completion shall be deferred accordingly. But the deferral shall not exceed one year if the deferral is owing to the Assignee.Article 12.The Assignee shall be responsive for completing all constructionprojectspriortoSep1 st of 2011andfulfillthecompletioni

22、nspectioncondition, in case the construction can not be completed in due time, theAssignee shall submit an application for completion extension to the Assignor 30 days in advance. But the extension shall not exceed one yearif the deferral is owing to the Assignee. If there is a deferral of construct

23、ion commencement, the completion time of construction shall be correspondently extended.Article 13.During the construction on the assigned land under this contract,where water supply, gas supply, power supplies, sewage disposal, and other facilities need to be connected with the main pipelines, inte

24、rface ofelectric substation and inlet project outside the assigned land, the Assignee agrees to handle these matters with respect to relevant rules.The Assignee agrees the entering, passing and crossing of any kind of pipelines laid by the government for public purposes in the land parcel. The Assig

25、nee also agrees to guarantee the way leave of adjoining area.Article14.TheAssigneeshallapplytotheAssigneeaccordingtoregulations for land registry in 30 days after acquisition of the land with such materials as the present contract, receipt confirmation of land and payment certificate of land knock d

26、own price amount.3/12Article 15.The Assignee shall make reasonable use of the land according tolaw,anyactivitiesconductedin theassignedlandparcelshallnotdamageorruinthesurroundingenvironmentor facilities,andtheAssignee shall be responsive for restitution of any losses to the countryor a third party

27、thereby.Article 16.The Assignee shall utilize the land according to this contract inthe term of assignment. Any alteration of land-use purpose and plot ratiois prohibited. In case the Assignee needs to alter the land use purpose orits utilization condition, it shall carry out relevant approval proce

28、dure,and acquire the permit of the Assignor which will sign a supplementaryagreement of land use right assignment contract or sign a new land userightassignmentcontract.Inthatcase,thelandknockdownpriceamountneedstoberenewedcorrespondently,andlandalternationregistry shall be carried out.Within 30 day

29、s after completion of project, the Assignee shall apply to theAssignor for review and inspection of the construction land, the Assignorwillsurveyandexamthecommencementtime,completiondate,condition of land development and utilization according to stipulations ofthe present contract. If the inspection

30、 result is eligible, the certificaterenewal procedure of state-owned land use right will be handled. In casetheinspectionresultisnoteligible,thestate-ownedlanduserightcertificate shall only be only renewed after the consummation of relevant process according to regulations.Article 17. Within the use

31、 term of the assigned land under this contract, the government reserves its right to adjust the planning of the assigned land under this contract. In case the original planning needs to be modified, it shall not affect the existing buildings on the assigned land parcel. But in the case of transforma

32、tion, renovation and rebuilding of the buildings, fixtures and their affiliated facilities on the assigned land within its use term, or when applying for renewal of the contract at expiration of use term, the effective planning at that time shall be implemented, and land use procedure shall be carri

33、ed out according to the regulations effective at that time.Article 18. As for the land use right acquired and utilized by the Assignee in accordance with law, the Assignor shall not withdraw it before the use term in this contract expires. Under special circumstances, where the Assignor needs to wit

34、hdraw the state-owned construction land use right for the purpose of social public interests before expiration of use term, the Assignor shall compensate the Assignee according to the value of buildings, fixtures and their affiliated facilities on the assigned land and the price of the remained use

35、term of the state-owned construction land4/12use right at the time of withdrawal.Article 19.The Assignee shall not make protests in case partial occupationof the assigned land is needed for the purpose of city construction; the occupied land shall be compensated by the occupying unit, and the land a

36、ssignment charge will not be returned.Chapter IV Transfer, Lease and Mortgage of theState-Owned Construction Land Use RightArticle20.Afterpayinguptheassignmentchargeofthestate-ownedconstruction land use right in accordance with this contract, and obtainsthe Certificate for the Use of State-owned Lan

37、d, the Assignee is entitledto transfer, lease or mortgage all or part of the state-owned constructionlanduserightto athirdparty.Whenthefirsttransferoccurs, theinvestment and development of the assigned land shall be carried on inaccordancewiththiscontract,andover25%ofthetotalinvestmentother than gov

38、ernment property earnings shall be made. In the event ofpartialtransfer ,thetwopartiestothetransferneed toimplementdevelopment and construction according to the original master plan.Article 21. In the event of transfer or mortgage of the land use right, the two parties thereof shall sign transferrin

39、g or mortgage contract; as for the land use right lease with its lease duration exceeding 6 months, the lessor and lessee shall also sign a leasing contract in written form.The contracts of transfer , lease and mortgage of the state-owned construction land use right shall not violate the laws and re

40、gulations of the country and the articles of the present contract.Article 22 . In case all or a part of the state-owned construction land use right is transferred, the rights and obligations specified in this contract shall be transferred accordingly. The use term of the transfer contract for the as

41、signed land shall be the remainder of the use term specified in thiscontract reducing the number of the years in which the Assignee has used the land.In case state-owned construction land use right is leased, the rights and obligations specified in this contract shall be still borne by the Assignee.

42、Article 23.In the case of transfer, lease or mortgage of the land use right,theabove-groundbuildings,fixturesandaffiliatedfacilitiesontheassigned land shall be also transferred, leased or mortgaged therewith;in the case of transfer, lease or mortgage of the above-ground buildings,fixtures and affili

43、ated facilities on the assigned land, the land use right5/12shall be also transferred, leased or mortgaged therewith.Article24.Incasethestate-ownedconstructionlanduserightistransferredormortgaged,bothparties relatedto thetransferandmortgage shall apply for registration of changes for the land use ri

44、ght atthelandandresourcesadministrativedepartmentby presentingthiscontract,contractontransferorcontract onmortgage,andtheCertificate for the Use of State-owned Land.Chapter V Expiration of Use TermArticle25.When theuseterm agreedin this contractexpires,andtheAssigneecontinuesusingtheassignedlandunde

45、rthiscontract,anapplication for renewal shall be submitted to the Assignor not less thanone year prior to the use term expires. The Assignor shall approve therenewal unless the Assignor needs to withdraw the assigned land underthis contract for the purposes of social and public interests.When the As

46、signor agrees on the renewal, the Assignee shall handle thecompensableland-useformalitiesinaccordancewithlaws.Thecompensablelandusecontractshallberenewed.And,the chargethereof shall be paid.Article26.Incaseattheexpirationoftheassignedland,theAssigneemakes no applies for renewal or fails to obtain ap

47、proval for the reason ofsocial and public interests, the Assignee shall return the Certificate fortheUseofState-ownedLand.Thestate-ownedconstructionlanduseright shall be taken back by the Assignor as the representative of thestatewhilecancellationofregistrationforthelanduse rightshallbeundertaken in

48、 accordance with regulations.Article27.Incaseattheexpirationoftheassignedland,theAssigneemakes no applies for renewal, the Assignor as the representative of thestate willtake backtheuse right of assigned land,the above-groundbuildings, fixtures and affiliated facilities on the assigned land withoutc

49、ompensation, while the Assignee shall guarantee the normal functionsof the above-groundbuildingsandotherobjects thereon.Deliberatedestructions are not allowed. Where the above-ground buildings, fixturesand their affiliated facilities lost their normal functions, the Assignor mayrequest the Assignee

50、to remove or dismantle the above-ground buildings,fixtures and their affiliated facilities to restore the leveled ground on theassigned land.Article28.Incaseattheexpirationoftheassignedland,theAssigneeapplies for renewal, but fails to get approval according to article 25 of the6/12present contract,

51、The land use right shall be taken back by the Assignoras the representative of the state without any compensation, notwithstanding the Assignor shall give corresponding compensation tothe Assignee according to the residual value of these buildings, fixtures and their affiliated facilities at the tim

52、e of taking back.Chapter VI Force MajeureArticle 29.Either of the parties shall exempt from responsibility in casewhen force majeure occurs, all or part of this contract cannot be implemented. But the concerned party shall take any necessary remedialmeasures to reduce the losses caused by the force majeure. The concerned party shall not be exempted from responsibilities when forcemajeure occurs during delay of performance.Article 30.When force majeure occurs, the prevented party shall notify theother party in written form by mail, cable or fax within 72 hours