国有土地出让协议英文版.docx

1、国有土地出让协议英文版Serial No.3201112010CR0018 Electronic Administration No.3201112008B00057Contract for State-Owned Construction Land Use Right Assignment Formulated by: The Ministry of Land and Resources of the Peoples Republic of China and The State Administration for Industry and Commerce of the Peoples

2、Republic of ChinaContract 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.:

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

4、njing Land and Resources Bureau, Pukou BranchAssignee: Nanjing Royal Dock Horse Racing Co., LtdIn accordance with such laws as the Law of Land Administration of the Peoples Republic of China, the Law of the Peoples Republic of China on Administration of the Urban Real Estates, the Contract Law of th

5、e Peoples Republic of China and relevant 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 ri

6、ght to the Assignee in accordance 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 w

7、hich shall be exercised by the state 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

8、 Delivery of the Assigned Land and Payment of the Assignment ChargeArticle 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 o

9、f Italian poplars; the plot 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 p

10、er the Land Survey and delimitation 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

11、the Assignee the 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,

12、 water, electricity, 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 procedur

13、e according to 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

14、compensation 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

15、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

16、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 land price amount in

17、 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 (say RMB twelve million

18、 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 LandArticle 10. The development in the scope of the assigned la

19、nd 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 meters Details of construction requirements as per Main Point

20、s 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 assigned land under this contract shall commence prior to Sep 1st of 2009.In c

21、ase 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 completion shall be deferred accordingly. But the deferral shall not excee

22、d 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 construction can not be completed in due time, the Assignee shall submit an

23、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 completion time of construction shall be correspondently extended.Article 13. During

24、 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 substation and inlet project outside the assigned land, the Assignee agrees to handle

25、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 to guarantee the way leave of adjoining area.Article 14. The Assignee shall apply to t

26、he 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 down price amount.Article 15. The Assignee shall make reasonable use of the land according t

27、o 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 country or a third party thereby.Article 16. The Assignee shall utilize the land according to this

28、 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 out relevant approval procedure, and acquire the permit of the Assignor which will sign a supple

29、mentary 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 alternation registry shall be carried out. Within 30 days after completion of project, the Assignee sh

30、all 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 according to stipulations of the present contract. If the inspection result is eligible, the certifica

31、te 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 consummation of relevant process according to regulations.Article 17. Within the use term of the assigned

32、 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 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 effective planning at that time shall b