Party A (Lessor):
Party B (lessee):
In accordance with the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations, Party A and Party B sign this Agreement on the principle of equality and voluntariness through consultation.
I. Housing lease situation
1. Party A voluntarily rents the building on XXXXXX Road to Party B for business use as XXXXXX and other projects.
2. The construction area actually leased by Party B from Party A is XXXXX square meters (subject to the actual measurement). Including XXXXXXXX (the lease scope is subject to the plan outlined in the annex to the contract). See Annex (1) for the topographic location map and floor plan of the house.
3. The scope of use, conditions and requirements of the public or contract part of the house: the existing decoration, ancillary facilities and equipment, the existing ancillary facilities such as water, strong electricity, weak electricity, gas and fire fighting, and the contents, standards and related matters that should be agreed upon when Party A agrees that Party B will decorate and add ancillary facilities by itself, which shall be listed by both parties in Annexes (2) and (3) of this contract respectively. Party A and Party B agree that, when this contract is terminated, the annex shall be used as the acceptance basis for Party A to deliver the house to Party B and Party B to return the house to Party A..
4. As the sole legal property owner of the house, Party A establishes a lease contract relationship with Party B. Party A guarantees the ownership and legal disposal right of the leased house and supporting ancillary facilities involved in this contract; Ensure that the house lease has fulfilled the democratic management procedures such as deliberation and voting by the villagers' representatives in the village; Ensure that the house does not have the rights and interests of third parties such as mortgage, seizure and ownership, and is not legally pursued by third parties. Party A shall provide copies of relevant documents, such as real estate license signed and confirmed by Party A, and submit them to Party B for filing. If the contract is dissolved or Party B's normal use is affected due to the above reasons, Party A shall compensate Party B for the loss at 20% of the total rent paid by Party B. ..
5. Party A shall ensure that the leased premises can be used for catering, accommodation and other commercial purposes, and all basic supporting facilities such as water, electricity, heating and fire fighting are complete and perfect. Party B can handle relevant licenses and business procedures after passing the acceptance of relevant departments, and Party A will cooperate. If Party B is unable to handle the relevant licenses and business procedures due to the reasons of the house itself and Party A, if it is overdue, the extended lease period shall be extended free of charge, and the liquidated damages of 5‰ of the paid rent shall be paid daily; If it can't be handled at all in the end, Party B has the right to terminate this contract without any liability for breach of contract. Party A shall refund the rent paid by Party B and pay the corresponding interest. At the same time, Party A shall compensate Party B for its losses: if it is confirmed that it cannot be handled within 30 days, it shall compensate Party B for its losses at 10% of the paid rent. If it is confirmed that it cannot be handled within 60 days, 20% of the paid rent will be used to compensate Party B for its losses. This calculation method and so on.
Second, the lease term and delivery date of the house
1. The lease term of the house starts from XXXX XX (the lease commencement date) and ends at XXXX XX * * XXXX.
2. Party A shall deliver the house to Party B before (handover date). The rent-free period for renovation granted by Party A to Party B is _ _ _ months, starting from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. The lease term negotiated by both parties of this contract is XXX years. As the longest lease term stipulated by law is 20 years, the lease term stipulated in this contract is 20 years. Party A agrees that if Party B needs to continue to lease the house after the expiration of the 20-year lease term, it shall submit a written application to Party A six months before the expiration of the 20-year lease term (that is, XX), and Party A shall re-sign a house lease contract with Party B with a lease term of not less than 5 years according to the rental standard agreed in this contract. During the lease term, if Party A breaches the contract or fails to re-sign the contract as agreed, Party A shall compensate Party B for the rent for the next three years as compensation for the losses caused to Party B by its breach of contract; If Party B cancels the contract without authorization, it shall ensure that the decoration is in good condition, and Party A shall not bear any expenses, and pay Party A another three months' rent as liquidated damages.
Three, the standard amount of rent, payment method and time limit
1. From XX, the annual rent for the first year to the fifth year is RMB. From now on, every five years is a time period, and the rent will increase by 3‰ for each additional time period on the basis of the previous time period, that is, from the sixth year to the current year, the annual rent will be RMB, from the eleventh year to the sixteenth year, and from the sixteenth year to the current year. From the twenty-first year to the termination date of the contract, the annual rent is RMB. Party A promises not to raise the rent for any reason within the validity of the contract, otherwise Party B has the right to refuse to pay and continue to perform the contract.
2. The principle of using the leased house after paying the fee first is adopted, and the rent is paid once every six months. Before the signing of this contract, Party B has paid Party A the down payment of XXXX million yuan (XXX million yuan). Party A shall provide Party B with an appointment bank account, and Party B's direct payment of rent to Party A or deposit in the account shall be deemed to have fulfilled the obligation to pay rent, and Party A shall be deemed to have received it. If there is any change in the account, Party A shall promptly notify Party B in writing. Party A shall not refuse to pay the rent for any reason. If Party B fails to pay the rent for this reason, it shall be deemed that Party B has fulfilled its contractual obligations after being urged by fax, e-mail or express mail, and Party A shall bear the liability for breach of contract. If Party B is not informed of the account change in time, the loss of funds will be deemed as having been received by Party A, and all consequences will be borne by Party A. ..
3. If Party B fails to pay the rent on time, it shall pay Party B a penalty of 0.5% of the rent payable in the current period for each day overdue. If Party B fails to pay the rent for more than 30 days, Party A may notify Party B in writing to terminate the contract. If Party A chooses to terminate the contract, both parties shall settle the expenses, and Party B shall pay Party A three months' rent in the year when the contract is terminated as liquidated damages.
Four. other charges
1. During the lease period, taxes related to real estate and land shall be borne by Party A. ..
2. During the lease period, the expenses arising from the normal use of basic supporting facilities such as water, electricity, gas and communication shall be borne by Party B.. The specific agreement is as follows:
2. 1 When the house is delivered, the supporting conditions of water, electricity and natural gas are as follows:
Water: Party A shall install an independent tap water supply system and independent water meter equipment for Party B free of charge, and the water fee shall be borne by Party B, and the price of water fee shall be determined according to the actual fees charged by the water company.
Electricity: The installed capacity of Party B's electricity consumption is 800 KVA, and Party A guarantees Party B's power supply capacity. If it is necessary to increase capacity, Party A shall go through relevant procedures and bear the expenses; Party A shall install the power supply system and wiring for Party B (electrical appliances and lighting equipment shall be provided by Party B), and install an independent electric meter for separate measurement. The electricity fee shall be borne by Party B, and the price of electricity fee shall be determined according to the price actually charged by the power supply department.
Natural gas: Party A shall install an independent natural gas supply system according to Party B's use requirements, measure it independently, be responsible for all procedures and expenses of opening an account for natural gas, and ensure its normal use during the lease period. The natural gas use fee shall be borne by Party B, and the price shall be determined according to the actual fees charged by the natural gas company.
Network, telephone, monitoring line and cable TV: Party A provides Party B with network and cable TV signals free of charge (if the cable TV signals are digital TV signals, relevant expenses shall be borne by Party B).
2.2 Pollution discharge: Party A is responsible for handling pollution discharge and environmental protection procedures, bearing relevant expenses, and providing septic tanks for Party B's use.
If the losses caused by fire or tap water leakage within the lease scope of Party B belong to factors such as construction quality and material quality (within the warranty period stipulated by the state), Party A shall bear all the losses; Losses caused by human factors such as operation and use shall be borne by Party B. ..
2.3 Fire fighting: Party A must ensure that the fire fighting system of all buildings leased by Party B is complete.
It meets the requirements of Party B and has passed the acceptance of relevant departments such as South Fire Bureau, and can be used for the normal use of commercial activities to ensure the normal opening and future normal use of the hotel. Otherwise, the losses and expenses caused thereby shall be borne by Party A. ..
2.4 Heating: Party A shall bear the original heating installation cost of the house, and Party B shall bear the installation and cost of other additions and alterations.
2.5 Air conditioning: Party B shall install it by itself according to its own needs and city appearance requirements.
Five, housing use requirements and maintenance responsibilities
1, maintenance and repair
1. 1 During the lease period, if Party B finds that the main structure of the house is damaged or broken (not due to Party B), it shall promptly notify Party A for maintenance; Party A shall carry out maintenance within 2 days after receiving Party B's notice and repair within 3 days (major issues shall be discussed separately). If Party B fails to repair or repair within the time limit, which affects the use, Party B can repair it on behalf of Party A, and the expenses shall be borne by Party A. For each day overdue, Party A shall pay Party B 5‰ of the paid rent as compensation for losses.
1.2 ancillary facilities, doors and windows, water and electricity, decoration, walls, stairs, elevators, etc. Except that the main structure of the house within the lease scope shall be repaired by Party A free of charge within the warranty period stipulated by the state, those beyond the warranty period shall be repaired by Party B. ..
1.3 The main structure of the above-mentioned house refers to the frame of the house, not the columns, beams and walls reconstructed by Party B. ..
1.4 If the main structure of the leased house is damaged due to Party B's renovation or reconstruction, Party B shall bear the maintenance and related responsibilities.
During the lease period of 1.5, Party A guarantees that the leased premises are in normal use and safe state. Party A shall notify Party B 30 days in advance to carry out regular and routine inspection and maintenance of the house, which is not bound by this agreement under special circumstances. During inspection and maintenance, Party B shall cooperate, and Party A shall avoid affecting Party B's use of the house. In case of any impact, the provisions of Article 1. 1 shall apply.
1.6 Party A agrees that Party B can decorate, transform and expand the leased house according to the business needs, but it shall not damage the main structure of the house. In order to ensure the smooth progress of Party B's design and decoration of the leased house, it is agreed to provide Party B with architectural drawings (including water, electricity and fire protection construction drawings) related to Party B's project. After the project transformation is completed, Party B shall submit the transformation drawings to Party A for filing. Party A is responsible for going through the examination and approval procedures related to fire protection and environmental protection, and Party B will cooperate with it. Party B shall be responsible for fines, rectification expenses and all expenses related to Party B's operation caused by excessive discharge of sewage, dust and noise.
1.7 Party B may, according to business needs, build necessary ancillary buildings in the outdoor venue attached to the leased premises, but it shall not damage the buildings or cause potential safety hazards. Party B can use the completed building for free, and the property rights will be owned by Party A after the lease expires.
1.8 The advertising space of the house stipulates that after leasing the house, Party B may decide to publish advertisements at the construction site leased by Party B at its own discretion, provided that the overall structure of the house is not damaged.
1.9 If personal injury or property loss is caused by the safety problems of the leased premises and ancillary facilities, Party A shall be responsible for compensation; Party B shall be responsible for the safety problems not caused by the house itself and supporting facilities within the scope of Party B's lease, and Party A shall not bear any responsibility.
Sixth, the state of the house when it is returned.
1, Upon the expiration of the 20-year lease term and the renewal contract term, Party B shall return the house within days after the expiration of the contract term. In case of overdue return, the house use fee shall be paid at 3 times of the original average daily rent for each day overdue, and the liquidated damages shall be paid to Party A at 5‰ of the current rent.
2. When the house is returned, it shall be checked and accepted by Party A, and the expenses borne by all parties shall be settled. Party B has the right to freely dispose of the renovated parts and separable facilities, equipment and appliances increased due to renovation, reconstruction and expansion. If the contract is terminated due to the expiration of the lease term or Party B's breach of contract, the attached part shall be owned by Party A free of charge. Where the Contract is terminated due to Party A's breach of contract, Party A shall compensate Party B for all expenses such as decoration, renovation and expansion; If the contract is terminated due to reasons not attributable to Party A and Party B, Party A shall compensate for the loss of residual value of decoration and renovation and the expenses to be shared for decoration and expansion during the remaining lease term (the calculation method is that the total expenses for decoration and expansion are divided by the lease term agreed in the contract and multiplied by the remaining lease term).
Seven. Sublease, transfer and exchange
1. Party A agrees that Party B will transfer all or part of the leased house to a third party for use, and Party A will not interfere. Party A shall cooperate in handling the formalities and certificates required to be issued by Party A. ..
2. During the lease period, if Party A needs to sell the house, or deal with the house due to insolvency, bank mortgage and other reasons. Party B shall be informed in writing at least three months in advance of the time, price and payment method of selling the house, and shall not resort to fraud or deliberately raise the conditions. Under the same conditions, Party B has the preemptive right. If Party A infringes this right of Party B, Party A shall pay 20% of the total rent paid by Party B as compensation for losses.
Eight, material changes and engineering cost differences.
1. According to the design drawings, Party A and Party B are responsible for the following construction projects:
1. 1. Party A shall be responsible for:
1. 1. 1. Civil works: all structural and architectural works in the design drawings.
1. 1.2. Installation works:
1. 1.2. 1, 19-storey main building (including basement) design drawings, all installation works except air conditioning system, solar water supply system, finely decorated electrical parts and stainless steel guardrail are not included, and the sanitary ware part of the bathroom is purchased by Party B, and Party A will compensate Party B for the original sanitary ware cost.
1. 1.2.2 The design drawings of the three-story hall and the three-story annex do not include all installation works except fire sprinkler system, fire alarm system, air conditioning system, solar water supply system, finely decorated power supply part and all sanitary wares.
1. 1.2.3, indoor and outdoor decoration works; Party A is responsible for plastering indoor and outdoor walls, buildings, floors and steps in the design drawings, as well as the construction of "real stone paint" and "latex paint" on the walls, floors and external walls.
1.2 Party B shall be responsible for:
1.2. 1, the glass curtain wall, the entrance hall door in the design drawings, and the engineering construction other than the engineering contents to be completed by Party A as stipulated in Article 8 of this contract.
1.2.2. Party B is responsible for the design and construction of fine decoration works inside and outside the hotel.
2, the design practices and material changes in engineering construction and the treatment of engineering cost differences;
According to the engineering drawings finalized by Party B (hereinafter referred to as "design") and the drawings designed by XXXX Architectural Design Institute Co., Ltd. (hereinafter referred to as "original design"), both parties shall take the measurement as the basis. Party B has made appropriate adjustments to the practices, quality and material grade of some construction, installation and decoration projects according to business needs. Therefore, on the basis of the "original design" drawings, Party A and Party B, through consultation, make the following specific provisions on the increased project cost of some projects due to the improvement of construction methods, quality and material grade.
2. 1. Changes of doors and windows:
All interior doors and some exterior doors and windows of this design shall be constructed by Party B according to the fine decoration drawings designed by Party B. The project cost shall be borne by Party A according to the "original design" project cost, and the increased project price difference shall be borne by Party B. ..
2.2: Party B shall organize the ceramic tile and stone construction of all indoor and outdoor construction projects according to the fine decoration drawings designed by Party B. The project cost shall be borne by Party A according to the "original design" project cost, and the increased material price difference shall be borne by Party B. ..
2.3: Fine-decorated electrical appliances (lamps, switches, sockets) and sanitary wares shall be constructed by Party B itself. The material price difference caused by the improvement of material grade and "original design" shall be borne by Party B, and Party A shall bear the original basic expenses.
2.4: exterior wall "real stone paint" part: the exterior wall "real stone paint" of the main building shall be constructed by Party A, and Party A shall bear the cost of XXX (RMB/m2). However, Party A shall bear 2/3 of the excess of XXX (RMB/㎡), and Party B shall bear the cost of 1/3. The "real stone paint" project cost of the west external wall of the second-floor gatehouse and the third-floor annex is based on the "original design" project cost of the external wall brick, and the difference of the project cost shall be borne by Party B. ..
For the engineering changes mentioned in the above Article 1-4, Party B shall notify Party A in writing of the changed design in the form of documents, which shall be put on record for future reference after being signed by both parties, and shall be used as the basis for making up the engineering price difference.
3. When Party B pays the rent, the expenses that should be borne by Party A can be deducted after final confirmation by the accountant.
Nine. Conditions for termination of this contract
1. During the lease period, Party A and Party B agree that this contract will automatically terminate under any of the following circumstances, and both parties will not be liable for breach of contract. However, Party A shall return the unpaid part of the current rent paid by Party B. ..
1. 1 Force Majeure: Damage or loss of the house due to force majeure such as natural external forces.
1.2 Policy Demolition: In case of house demolition during the lease period, Party A agrees that Party B will participate in the demolition compensation negotiation with the demolisher, and Party B has the right to obtain compensation from the demolisher, including but not limited to renovation salvage value (including secondary renovation) and operating loss. On the premise that Party A, Party B and the demolisher fail to reach a written agreement, Party A not only signs a demolition compensation agreement with the demolisher. Party A promises that all the compensation for demolition belonging to Party B will be owned by Party B, and Party A will not withhold it.
X. comprehensive clauses
1. During the lease period, Party A shall provide necessary guarantee for Party B's basic supporting facilities (including but not limited to water, electricity and heating). ) for Party B's use to ensure its normal use, and shall not restrict its normal operation; At the request of Party B, actively and effectively resolve any disputes between villagers and Party B, and provide a good business environment for Party B. If Party A fails to fulfill the above obligations, resulting in damage to Party B's business, Party A shall pay Party B one year's house rent as compensation for losses, which can be deducted when Party B pays the rent.
2. In case of Party A's breach of contract, the liability for breach of contract and compensation for losses agreed in this contract shall be subject to the provisions of this clause as well as the provisions of Item 2 of Article 6, that is, Party A shall not only bear the individual liability for breach of contract and compensation for losses, but also compensate Party B for the expenses of decoration, renovation and expansion.
3. During the lease term, if Party A needs to mortgage the house, it shall notify Party B in writing at least 30 days in advance, and ensure that the mortgagee recognizes and performs the contents of this lease contract.
4. For matters not covered in this contract, Party A and Party B may sign supplementary clauses through negotiation ... The supplementary clauses and annexes of this contract are an integral part of this contract, and the words filled in the blank parts of this contract and its supplementary clauses and annexes have the same effect as the printed words.
5. When signing this contract, both parties have clearly understood their respective rights, obligations and responsibilities in the terms of the contract, and are willing to strictly implement them according to the provisions of the contract. If one party violates this contract, the other party has the right to claim compensation according to the provisions of this contract.
6. In case of any dispute between Party A and Party B during the performance of this contract, they shall first notify and settle it through negotiation; If negotiation fails, a lawsuit may be brought to the people's court where the plaintiff is located according to law.
7. This contract and its annexes are made in sextuplicate, three for each party, and shall come into effect after being signed and sealed by both parties or their authorized representatives.
Annex to the contract:
1. Real estate license or authorization certificate (2 copies)
2. The floor plan and structural diagram of the leased house (Annex I, sealed by the property owner)
3. The red line map of the plot where the leased house is located (Annex II, sealed by the property owner),
4. Civil construction, supporting facilities, ancillary facilities and decoration of the leased house (Annex 3)
Party A: Party B:
(Lessor) (Lessee)
Legal representative:
Handler: Handler:
Address Postal Code:
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Postal code:
Date/place Date/place