国有建设用地使用权出让合同(英文)

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1、Serial No.3201112010CR0018 Electronic Administration No.3201112008B00057 Contract for State-Owned Construction Land Use Right Assignment Formulated by: The Ministry of Land and Resources of the People’s Republic of China and The State Administration for Industry

2、 and Commerce of the People’s Republic of China Contract for State-Owned Construction Land Use Right Assignment The parties to this Contract: Assignor: Nanjing Land and Resources Bureau, Pukou Branch Mailing Address: 16 Wende Road, Jiangpu neighborhood, Pukou district Postal Code: /

3、 Tel: / Fax: / Name of Opening Bank: / Account No.: / Assignee: Nanjing Royal Dock Horse Racing Co., Ltd Mailing Ad

4、dress: / Postal Code: / Tel: / Fax: / Name of Opening Bank: /

5、 Account No.: / 10 Contract for State-Owned Construction Land Use Right Assignment Chapter I General Provisions Article 1. The Concerned Parties to the Present Contract: Assignor: Nanjing Land and Resources Bureau, Pukou Branc

6、h Assignee: Nanjing Royal Dock Horse Racing Co., Ltd In accordance with such laws as the Law of Land Administration of the People’s Republic of China, the Law of the People’s Republic of China on Administration of the Urban Real Estates, the Contract Law of the People’s Republic of China and relev

7、ant administrative regulations and land supply policies, the two parties hereby enter into the present contract on the basis of the principles of equality, voluntariness, compensation, honesty and credibility. Article 2. The Assignor hereby assign the land use right to the Assignee in accordance

8、 the authority by laws, notwithstanding the ownership of the assigned 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 shall be exercised by the s

9、tate according to the legal regulation 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 La

10、nd and Payment of the Assignment Charge Article 3. The assigned land is located in group 2, Yuaqi village, Yongning town, Pukou district, with an area east to zhujiashun river bank, west to the 104th national highway, and north to woods of Italian poplars, south to woods of Italian poplars; the p

11、lot serial number thereof is No.2008G38. The total 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 the boundary marks as per the Land Survey and d

12、elimitation Illustration. Article 4. The using purpose for the assigned land is: hotel industry land. Article 5. After the Assignee pay off the entire price amount according to article 9 of the present contract, the Assignor is responsive for handing over on May 1st of 2009 to the Assignee the

13、 practical assigned land in the shape of pure land, namely houses and construction shall be removed to the floor in the scope of the land parcel, with other objects keeping unchanged, and the electric wires and poles shall be removed by the Assignee itself. External conditions (road, water, electric

14、ity, gas) shall be maintained as the current situation. The question of entrance road of the said land parcel shall be solved by the Assignee. The ancient or precious trees shall be remained as the assignment condition, as for other trees the Assignee shall carry out relevant procedure according to

15、 national regulations. Article 6. The assigned land use term is 40 years, effective from the handover of land by the 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 comp

16、ensation and resettlement fees of expropriation, compensation for removal of auxiliary objects and government land ownership 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 Ass

17、ignee shall pay off the entire price amount totaling RMB 30,000,000 Yuan (say RMB thirty million Yuan). Within which 15% of the total amount equal to RMB 4,500,000 (say RMB four point five million Yuan) shall be regarded as deposit of the performance of the contract. The deposit shall be also counte

18、d in the land price amount. Article 9. The Assignee agrees to pay off the remainder of the land price amount according to the sub 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 la

19、nd 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 Yuan (say RMB nine million Yuan), at the time of payment: Nov 25th of 2008. The second phase: 40% of the price amount, namely RMB 12,000,000 Yuan (

20、say RMB twelve million Yuan), at the time of payment: Dec 26th of 2008. The third phase: 40% of the price amount, namely RMB 12,000,000 Yuan (say RMB twelve million Yuan), at the time of payment: Sep 20th of 2008. Chapter III Development and Utilization of the Land Article 10. The development

21、 in the scope of the assigned land shall be implemented in conformity with the conditions hereunder. The nature of land planning: land for the use of hotel industry The floor area ratio (FAR) : ≤ 0.7 Building Density: ≤ 25% Green Area Ratio: 50% Building Height Limitation: ≤ 15 met

22、ers Details of construction requirements as per Main Points of Planning Design Other requirements for the land use: the Consignee shall develop and construct with respect to relevant regulations of the nation. Article 11. The Assignee agrees that the construction projects on the assigne

23、d 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 days in advance. After the deferral of commencement is approved by the Assignor, the time of c

24、ompletion 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 construction projects prior to Sep 1st of 2011 and fulfill the completion inspection condition, in case the

25、 construction can not be completed in due time, the Assignee shall submit an application for completion extension to the Assignor 30 days in advance. But the extension shall not exceed one year if the deferral is owing to the Assignee. If there is a deferral of construction commencement, the complet

26、ion 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, interface of electric subst

27、ation 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 Assignee also agrees t

28、o guarantee the way leave of adjoining area. Article 14. The Assignee shall apply to the Assignee according to regulations 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 dow

29、n price amount. Article 15. The Assignee shall make reasonable use of the land according to law, any activities conducted in the assigned land parcel shall not damage or ruin the surrounding environment or facilities, and the Assignee shall be responsive for restitution of any losses to the count

30、ry or a third party thereby. Article 16. The Assignee shall utilize the land according to this contract in the term of assignment. Any alteration of land-use purpose and plot ratio is prohibited. In case the Assignee needs to alter the land use purpose or its utilization condition, it shall carry

31、 out relevant approval procedure, and acquire the permit of the Assignor which will sign a supplementary agreement of land use right assignment contract or sign a new land use right assignment contract. In that case, the land knockdown price amount needs to be renewed correspondently, and land alter

32、nation registry shall be carried out. Within 30 days after completion of project, the Assignee shall apply to the Assignor for review and inspection of the construction land, the Assignor will survey and exam the commencement time, completion date, condition of land development and utilization a

33、ccording to stipulations of the present contract. If the inspection result is eligible, the certificate renewal procedure of state-owned land use right will be handled. In case the inspection result is not eligible, the state-owned land use right certificate shall only be only renewed after the cons

34、ummation of relevant process according to regulations. Article 17. Within the use 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 affe

35、ct the existing buildings on the assigned land parcel. But in the case of transformation, 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 effecti

36、ve planning at that time shall be implemented, and land use procedure shall be carried 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 ter

37、m in this contract expires. Under special circumstances, where the Assignor needs to withdraw 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

38、 and their affiliated facilities on the assigned land and the price of the remained use term of the state-owned construction land use right at the time of withdrawal. Article 19. The Assignee shall not make protests in case partial occupation of the assigned land is needed for the purpose of city

39、 construction; the occupied land shall be compensated by the occupying unit, and the land assignment charge will not be returned. Chapter IV Transfer, Lease and Mortgage of the State-Owned Construction Land Use Right Article 20. After paying up the assignment charge of the state-owned constru

40、ction land use right in accordance with this contract, and obtains the Certificate for the Use of State-owned Land, the Assignee is entitled to transfer, lease or mortgage all or part of the state-owned construction land use right to a third party. When the first transfer occurs, the investment and

41、development of the assigned land shall be carried on in accordance with this contract, and over 25% of the total investment other than government property earnings shall be made. In the event of partial transfer, the two parties to the transfer need to implement development and construction accordin

42、g 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 transferring 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

43、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 regulations 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 ri

44、ght is transferred, the rights and obligations specified in this contract shall be transferred accordingly. The use term of the transfer contract for the assigned land shall be the remainder of the use term specified in this contract reducing the number of the years in which the Assignee has used th

45、e 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. Article 23. In the case of transfer, lease or mortgage of the land use right, the above-ground buildings, fixtures and affiliated facilit

46、ies on the assigned land shall be also transferred, leased or mortgaged therewith; in the case of transfer, lease or mortgage of the above-ground buildings, fixtures and affiliated facilities on the assigned land, the land use right shall be also transferred, leased or mortgaged therewith. Articl

47、e 24. In case the state-owned construction land use right is transferred or mortgaged, both parties related to the transfer and mortgage shall apply for registration of changes for the land use right at the land and resources administrative department by presenting this contract, contract on transfe

48、r or contract on mortgage, and the Certificate for the Use of State-owned Land. Chapter V Expiration of Use Term Article 25. When the use term agreed in this contract expires, and the Assignee continues using the assigned land under this contract, an application for renewal shall be submitted

49、to the Assignor not less than one year prior to the use term expires. The Assignor shall approve the renewal unless the Assignor needs to withdraw the assigned land under this contract for the purposes of social and public interests. When the Assignor agrees on the renewal, the Assignee shall handl

50、e the compensable land-use formalities in accordance with laws. The compensable land use contract shall be renewed. And, the charge thereof shall be paid. Article 26. In case at the expiration of the assigned land, the Assignee makes no applies for renewal or fails to obtain approval for the reas

51、on of social and public interests, the Assignee shall return the Certificate for the Use of State-owned Land. The state-owned construction land use right shall be taken back by the Assignor as the representative of the state while cancellation of registration for the land use right shall be undertak

52、en in accordance with regulations. Article 27. In case at the expiration of the assigned land, the Assignee makes no applies for renewal, the Assignor as the representative of the state will take back the use right of assigned land, the above-ground buildings, fixtures and affiliated facilities

53、on the assigned land without compensation, while the Assignee shall guarantee the normal functions of the above-ground buildings and other objects thereon. Deliberate destructions are not allowed. Where the above-ground buildings, fixtures and their affiliated facilities lost their normal functions,

54、 the Assignor may request the Assignee to remove or dismantle the above-ground buildings, fixtures and their affiliated facilities to restore the leveled ground on the assigned land. Article 28. In case at the expiration of the assigned land, the Assignee applies for renewal, but fails to get app

55、roval according to article 25 of the present contract, The land use right shall be taken back by the Assignor as the representative of the state without any compensation, notwithstanding the Assignor shall give corresponding compensation to the Assignee according to the residual value of these build

56、ings, fixtures and their affiliated facilities at the time of taking back. Chapter VI Force Majeure Article 29. Either of the parties shall exempt from responsibility in case when force majeure occurs, all or part of this contract cannot be implemented. But the concerned party shall take any

57、necessary remedial measures to reduce the losses caused by the force majeure. The concerned party shall not be exempted from responsibilities when force majeure occurs during delay of performance. Article 30. When force majeure occurs, the prevented party shall notify the other party in written f

58、orm by mail, cable or fax within 72 hours to provide the detailed information of the events, and within 30 days after the occurrence of force majeure, a valid document for evidence shall be provided to the other party to explain its inability to implement or delay the execution of all or part of thi

59、s contract. Chapter VII Liabilities for Breach of the Contract Article 31. In case the Assignee fails to pay on schedule the assignment charge of the state-owned construction land use right, the daily penalty which shall be assumed by the Assignee is to pay to the Assignor 1 ‰ of the deferred

60、payment. In case the Assignee fails to pay the assignment charge of the state-owned construction land use right after 6 months, the Assignor has the right to terminate the present contract, and the Assignee has no right to request the Assignor to refund the advance deposit. Under the circumstance

61、when the Assignee fails to make such payment, the Assignee shall be not entitled to require handing over of land from the Assignor, and the liability of breaching contract shall be entirely assumed by the Assignee. Article 32. After the Assignee duly make payment of the knockdown price amount acc

62、ording to the contract, the Assignor shall hand over the land to the Assignee in due time with respect to the contract. In the case of failure of handing over land in time as a result of the fault of the Assignor, the land satisfying the handover conditions shall be handed over in advance; as for th

63、e land which has not satisfied the handover requirements, a daily liquidated damage to the Assignee equivalent to 1 ‰ of the price amount of the deferred delivery land shall be paid with corresponding ratio of deposit deducted. In case the Assignor fails to hand over use after 6 months, the Assignee

64、 is entitled to terminate the present contract, and the Assignor shall repay the deposit in double and return the knockdown price amount with the deposit deducted. Article 33. The Assignee shall carry out development construction according to the contract, in the event of failure of starting deve

65、lopment over one year after the date of starting development prescribed in the contract, the Assignor is thereby entitled to collect fees for vacancy of land which is equal to 20% of the land use right knockdown price; if the Assignee fails to start construction in 2 years, the Assignor is entitled

66、to recover the land without any compensation. Notwithstanding that the delay of construction and development as a result of force majeure or act of the relevant government administration shall be exempt. Article 34. In case the Assignee fails to finish development construction prescription according to the completion date stipulated in the contract, it shall make payment to the Assignor daily penalty which amounts to 0.5‰ of the land price amount equivalent to the unaccomplished part of the l