House Replacement Agreement 1 Party A:
Party B:
Party A's house is located in Zone (), and the deed number is (). The property meets the replacement conditions stipulated by Beijing Municipal Bureau of Land Resources and Housing Management, and can be replaced with other properties with the consent of the unit.
Party B's house is located in Zone (), and the property certificate number is (). The property meets the replacement conditions stipulated by Beijing Municipal Bureau of Land Resources and Housing Management, and can be replaced with other properties with the consent of the unit.
Through negotiation, both parties conclude this contract on the replacement of the above-mentioned house.
Article 1: Party A and Party B agree to replace the above two houses. Due to the differences in geographical location, equipment standard, damage degree and area, Party B agrees to pay RMB () to Party A as compensation.
Article 2: Party A and Party B promise that the replacement of the above two houses has been agreed by their own units, and ensure that the other party can participate in the housing reform of their own units in the future.
Article 3: Both parties agree that Party B shall pay compensation to Party A within ten days after the signing of this contract.
Article 4: Party A and Party B agree to deliver the house to each other before ().
Article 5: Party A and Party B agree that when delivering the property to Party B, Party A shall ensure that the property is vacant and the water, electricity, heating, gas (natural gas), property management fee and room fee have been settled; Party B makes the same commitment accordingly.
Article 6: After the house is replaced, Party A and Party B agree to accept the unified management of the house by the original property management unit.
Article 7: The taxes and fees generated during the formalities shall be paid according to the relevant regulations of Beijing.
Article 8: After this contract comes into effect, both parties shall not terminate the contract except for force majeure. If the contract is terminated due to unilateral reasons, the compensation for the house shall be refunded first, and the defaulting party shall pay RMB () ten thousand Yuan to the other party as liquidated damages.
Article 9: This contract shall come into force as of the date of signature by both parties. For matters not covered, both parties may sign a supplementary agreement. The annex to this contract and the supplementary agreement signed by both parties are an integral part of this contract and have the same legal effect.
Article 10: In case of any dispute during the performance of this contract, both parties shall settle it through negotiation. If negotiation fails, both parties agree to settle the dispute in the following way (in words):
(a) submitted to the Beijing Arbitration Commission for arbitration;
(2) Either party may bring a lawsuit to the people's court where the real estate is located.
Article 11: The original of this contract is in duplicate, with each party holding one copy and two copies.
Party A: Party B:
ID number: ID number:
Address: Address:
Tel: Tel:
Postal code:
Agent:
Date of signing: Date of signing:
Article 2 of the House Replacement Agreement Party A: Hangzhou _ _ _ _ _ _ _ Co., Ltd.
Party B: _ _ _ _ _ _ _ _ _ _ _
Whereas:
Hangzhou _ _ _ _ _ _ _ _ Co., Ltd. (Party A) and Zhang Xiuyu (Party B) held a meeting on _ _ _ _ _ _ _ _ _ _ _ _ _.
I. About the area of the replacement house
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Second, about the price of replacement houses.
1. Party A guarantees that the property rights of the newly replaced house for Party B are complete (that is, the three certificates are complete), and Party B shall make up the comprehensive price difference to Party A according to the standard of _ _ _ _ _ _ _ _ yuan per square meter of the original construction area.
2. On the premise of ensuring that the newly replaced house conforms to the above agreement, Party A agrees to increase the construction area of Party B by 65,438+00% on the basis of the original construction area, namely _ _ _ _ _ _ ㎡. The newly-increased construction area is 10%, and Party B shall make up for it to Party A at the price of _ _ _ _ _ _ _/㎡.
3. If the total construction area of the newly-replaced house exceeds _ _ _ _ ㎡, Party B shall pay the difference to Party A within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
4. In addition to paying Party A the area difference between the old and new houses, Party B will no longer pay Party A the floor difference of the replacement house and any other expenses.
Third, about the location of the replacement house.
1. Party A guarantees that the new house to be replaced is a newly-built commercial house at the original demolition site.
2. The floor of the new house for replacing Party B is between _ _ _ _ _ _ (specifically selected by Party B when signing the Commodity House Purchase and Sales Contract), and the distance between the house and Xinfeng Road shall not be greater than _ _ _ _ _ _.
Four, about the demolition transition costs
1. The transition period shall be _ _ months from the date of signing this agreement, and Party B shall be guaranteed to move back to the new house within _ _ _ months. During this transition period, Party A shall pay Party B a monthly transition fee of RMB. The above transfer fee shall be paid in one lump sum on the date of signing this agreement.
2. If it cannot be moved back in time for more than _ _ _ _ _ months, Party A shall pay Party B a transition fee of _ _ _ _ _ _ yuan before _ _ _ _ _ of the current month.
If it is not possible to move back in time for more than _ _ _ _ _ months, Party A shall pay Party B a transition fee of _ _ _ _ _ _ yuan before _ _ _ _ _ of the current month.
If it fails to move back in time for more than _ _ _ _ months, Party A shall pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Verb (abbreviation of verb) If the house replacement agreement signed on _ _ _ _ _ _ _ _ _ _ is inconsistent with this agreement.
This agreement is the basis for both parties to sign the Commodity House Sales Contract. The area, price and location of the house agreed in this agreement can be further agreed, but it shall not be violated.
If Party A proposes to violate the terms of this Supplementary Agreement during the signing process, Party B has the right to refuse to sign the commercial housing sales contract. At the same time, Party B has the right to directly claim a one-time compensation of RMB _ _ _ _ _ _.
Seven. This Supplementary Agreement is made in duplicate, one for each party.
Party A: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Chapter III of House Replacement Agreement Party A:
Party B:
Whereas:
In order to improve the existing living conditions, Party B intends to replace Party A's mezzanine street-facing house with a facade house under construction on the east side, and Party A agrees to replace it. Through consultation, both parties have reached the following agreement on the replacement of Party A's house in Z Street by Party B for mutual compliance.
First, the replacement target
1. Party A's X-story street-facing house is located on the east side of the northeast corner of XXX, X Road, X District (meters long from east to west and meters wide from north to south), with a construction area of about square meters.
2. Party B plans to replace the first and second facades located on the east side of XXXXXXXX house (from east to west), with an area of about square meters, and at the same time, Party B will pay Party A a one-time compensation fee of 50,000 yuan for house replacement.
Second, the replacement procedure
1. After the signing of this agreement, Party A is responsible for moving out the lessee in the replaced house before XX.
2. On the day when Party A delivers the house to be replaced to Party B, Party B shall deliver the house on the first floor of X Street to Party A. ..
3. Transfer procedures for the land or facade of the house to be replaced: (both parties shall consult the relevant departments to determine through consultation).
Three. Representations and warranties of both parties.
1. Party A has replaced Party B's "facade room" with the original X-story street-facing house. Party A has held XX meeting and made a decision to agree to the replacement (see Annex 1). After that, when Party B carries out decoration construction, Party A and its villagers shall not stop construction.
2. Party A guarantees that the house on X Street will be vacated and replaced according to the date agreed in this agreement, and Party A is responsible for the dissolution or termination of the house on X Street before the expiration of the lease period (see Annex II). If Party B fails to carry out the construction due to the obstruction of the lessee or villagers, Party A is willing to bear the corresponding liability for breach of contract.
3. Party B shall deliver the XXXX facade house to be replaced to Party A as agreed, and the compensation fee shall be paid to Party A in one lump sum after Party B completes the construction.
Four. Liability for breach of contract If either party violates this Agreement, it shall pay the observant party RMB as liquidated damages on a daily basis, in addition to removing obstacles.
Verb (abbreviation of verb) dispute settlement method
In case of any dispute during the performance of this agreement, if negotiation fails, a lawsuit shall be brought to the people's court of the place where the house is replaced.
Intransitive verb others
1. Matters not covered in this agreement shall be settled by both parties through negotiation, and a supplementary agreement shall be signed, which shall have the same legal effect as this agreement.
2. This agreement is made in duplicate, one for each party, and shall come into effect as of the date of signature by both parties.
Annex I: Decision of XX Meeting
Annex II: Dissolution or Termination of the Lease Agreement
Party A: Party B:
Person in charge: legal representative:
Address: Address:
Tel: Tel:
Year, month, day, year, month, day, year.
Article 4 of the House Replacement Agreement Party A (the demolisher): XXXXXXXX Tel: XXXXXXXX
Mailing address: xxxxxxxxXXXXXXXXXXXXXXXXXXXXXXXXXXX Postal code: XXXXXXXXX
Party B (demolished): Tel:
Party C (former developer): Huizhou Xinhua Real Estate Development Company (now taken over by Youth Activity Center)
Due to historical reasons, the original Huizhou Cultural Center and Huizhou Xinhua Real Estate Development Company's 9098m2 state-owned land use right located in Yang Jiao 'ao, Xiajiao were sealed up and auctioned by Huizhou Intermediate People's Court, and Party A won 8759 land use right through bidding. 6 square meters, with a remaining area of 329. All owners of Huizhou Youth Activity Center (formerly Huizhou Cultural Center), Huizhou Xinhua Real Estate Development Company and Xinhua Building agree to Party A's demolition and resettlement. According to the relevant provisions of the compensation policy for urban house demolition, Party A and Party B have reached the following agreement on compensation and resettlement for house demolition through consultation:
Article 1 Name and location of the project
Name of construction project: Huaxuanju Phase III (tentative name), and construction site: Yang Jiao 'ao, the lower corner of Huicheng District.
Article 2 Status quo of demolished houses
Party B's house is located at the first floor of Xinhua Building, Yang Jiao Ao, in the lower corner of Huicheng District, with an interior construction area of square meters (the area is subject to the approval of the housing management department), subject to the original purchase contract. The property right of the house is a fund-raising house, and the house property right certificate has not been handled. Facing the army
Article 3 Compensation for house demolition and relocation and resettlement
1. Party A shall re-plan and build the location of Party B's house and build a beautiful (twenty-story) building with elevator. After the completion acceptance, the new house shall be delivered to Party B for use. After the replacement, Party A will demolish Party B's house.
2. Party A dismantles Party B's house, and implements property right replacement, which is carried out on the same floor according to the ratio of Housing Management Bureau 1: 1 (original contract area of house purchase). Party A sets the house to be replaced by Party B as the floor number of Building No.3 of Huaxuanju (the number is now self-numbered, and the number of the housing management department shall prevail), and the interior construction area of the house is square meters. If Party B chooses another room number at that time, it must sign a supplementary agreement before August 30, 20xx according to the relevant regulations of Party A. ..
3. If the excess area of the house is less than or equal to 3%, Party B shall purchase the excess from Party A at the rate of 2,200 yuan per square meter; Where the excess area exceeds 3%, Party B shall purchase the excess area from Party A at the rate of 3,000 yuan/m2. The house payment shall be paid by Party B to Party A in one lump sum when handling the handover procedures for replacing the new house.
4. The construction period starts from the day after Party B's 30-day house replacement plan is submitted for approval and construction, and the construction period is *** 18 months.
5. If Party B fails to handle the property right certificate of the demolished house, Party B (C) shall submit the original valid contract, payment voucher (photocopy), notarized documents and filing materials of the demolished house to Party A, and handle the property right certificate (real estate right certificate) of the demolished house for Party B.. As well as the relevant taxes and fees for handling the property right certificate and splitting the state-owned enterprise signed in the original house purchase contract, shall all be borne by Party B (Party B is only responsible for RMB one thousand Wu Bai Yuan only (65,438+). 00) All other taxes and insurance premiums shall be borne by Party A; Party A shall complete the real estate ownership certificate for Party B within two years (postponed due to Party B) from the delivery date of the resettlement house, and handle it together with other owners of the building. If it is not completed within the promised period due to Party A's reasons, Party B shall bear the penalty (three thousandths of the house price).
6. The cable TV, telephone, broadband and pipeline gas originally installed in Party B's demolished house shall be paid in full when moving, and all payment vouchers shall be submitted to Party A for a new certificate. After the replacement, Party A will install the above facilities for Party B. If the above facilities are not installed, Party A shall assist in the installation, but the expenses shall be borne by Party A. ..
7. If Party B chooses not to move back, Party B may entrust Party A to sell the above-mentioned property that Party A has replaced ... At the same time, Party A promises that if Party B entrusts Party A to sell the house, within 30 days from the date of arranging the public sale of the demolished house, if Party A fails to sell it as scheduled, Party A promises to buy back the house from Party B at the price of 3,200 yuan/square meter of the construction area in the house demolished by Party B (without any other fees).
8. Compensation for removal of single factory building:
The number of Party B's single workshop is, and the area is subject to the actual purchased area. Party B chooses the following compensation standards for demolition.
1. Party A shall compensate Party B with cash of 3,200 yuan/㎡, and pay it to Party B together with the decoration fee at one time when Party B starts to decorate. If Party A fails to pay this fee, which leads to Party B's failure to decorate and move back on time, Party A shall be liable for breach of contract.
2. Party A pays ￥ 12000. 00 yuan to compensate Party B for the right to use Party A's parking space (the selected parking space is converted into service life according to its different uses and standards and a supplementary agreement is signed).
Article 4 Compensation for House Demolition and Decoration
For the new house arranged by Party A for Party B, Party B chooses the following decoration compensation standards.
1. Party A shall deliver it to Party B for use after renovation according to the house decoration standards (see Annex I for decoration standards).
2. Party A shall install the security door according to the standard of civil rough house (the unified standard of this building) and deliver it to Party B (see Annex II for the decoration standard), and pay the decoration fee to Party B at one time). If Party B decorates the relocated house by itself, Party A shall compensate Party B according to the standard of 500 yuan/m2 for the interior construction area removed by Party B, and pay it to Party B in one lump sum when Party B moves back.
Article 5 Time and place of relocation
1. After the newly-built relocated house is completed according to the delivery standard in the annex to this contract, Party A will notify the owner to relocate by phone or announcement, and Party B will go through the handover procedures at the place designated by Party A within 5 days from the date of announcement. If the house moving formalities are not handled within 10 days from the date of announcement, it shall be deemed as delivery.
2. After Party A delivers the house replaced by Party B to Party B, Party B shall move itself within days (renovation period) after completing the handover procedures of the new house, and notify Party A to go through the handover procedures of the vacant room after moving (the same is true for single rooms, if any).
Article 6 Special Agreement
In order to ensure the rights and interests of the people to be demolished, according to the current National Regulations on the Management of House Demolition and the relevant provisions of provincial and municipal government departments, after signing the contract with all the owners, Party A must go through the demolition procedures at Huizhou Real Estate Bureau and show the demolition permit when moving.
Article 7 Liability for breach of contract
1. Party A and Party B must strictly abide by the terms of this contract, otherwise, the breaching party shall bear the legal liability for breach of contract and compensate the observant party for the economic losses caused thereby. .
2. Party B must move on time within the announcement period. If all the items in the demolished house have not been moved within the announcement period, they will be regarded as abandoned items that Party B does not need. Demolition construction should be treated as garbage. Party A does not assume any responsibility. If Party B fails to move after the expiration of the notice period, which affects the demolition construction, Party B shall compensate the construction team for the losses, and Party A shall not bear the consequences caused by the compulsory construction.
Article 8 Others
1. After this contract is signed, Party B (Xinhua Building Management Office) shall pay 50% of the property management fee every month according to Party A's regulations. If Party A transfers the property management right, this clause will take effect. In addition, Party A must be notified three working days in advance. After the transferee signs the letter of commitment to perform this contract, Party A will assist Party B to go through the filing formalities at the Housing Management Exchange, and Party B and the transferee will assist in bearing the transfer transaction tax involved.
2. Both parties agree that when signing this contract and its supplementary agreement, if the owner of the demolished house can't come to sign the contract, it can be signed by the client or the lawyer (power of attorney must be provided >; The original is given to Party A), that is, the owner of the demolished house is deemed to have signed this contract with someone.
3. Party B has the right to refuse to move because of the quality of Party A's building or Party A's unauthorized change of the building structure confirmed by both parties, and the supporting facilities that are not in conformity with this contract. After moving back, Party B shall abide by the property management regulations of this residential area and perform the rights and obligations with other owners in accordance with relevant management rules.
4. Before the demolition, if Party B does not cooperate with Party A to handle the demolition permit, Party B shall bear the losses caused to Party A (within 20xx years). ..
5. After the signing of this contract, if Party B's contact telephone number or designated mailing address is changed, it shall notify Party A in writing of the new contact information within one day after the change, otherwise, if Party B cannot be informed of the relevant notice, Party B shall bear the responsibility, and the materials sent by Party A at the original mailing address shall be deemed to have been delivered to Party B. ..
6. If there are any matters not covered in this contract, a supplementary contract can be signed after consultation between both parties. Any dispute shall be settled through consultation. If negotiation fails, you can apply to the demolition management department for a ruling. If you are not satisfied with the award, you can bring an arbitration according to law or bring a lawsuit to a people's court with jurisdiction.
7. This contract shall come into effect after being signed (sealed) by both parties, and shall naturally become invalid after handling the relocation property certificate in the name of Party B. ..
8. This contract is made in quadruplicate, one for Party A, one for Party B, one for Party C and one for the housing management department. The annexes to this contract have the same legal effect.
Party A: Huizhou Huaxuan Real Estate Co., Ltd. Party B:
On behalf of:
Party C (former developer): Huizhou Xinhua Real Estate Development Company (now taken over by Youth Activity Center)
Date of signing the contract: year month day.
Signing place: Huicheng District