Job Recruitment Website - Job information - Lease contract of rural collective barren hills land use right in Jinan City, Shandong Province
Lease contract of rural collective barren hills land use right in Jinan City, Shandong Province
Transferor (hereinafter referred to as Party A):
Transferee (hereinafter referred to as Party B):
In order to realize the sustainable development of the local economy, Party A agrees to transfer its legally acquired right to use and operate ten thousand mu of barren hills and wasteland (forest ownership certificate number:) to Party B for the development of high-yield camellia oleifera project. Based on the principle of mutual benefit and equal consultation, Party A and Party B voluntarily reach the following terms on the circulation of barren hills and forest land for project development:
I. Location, area, duration and income distribution of circulating barren hills and wasteland:
1, name, location and area of barren hills and wasteland.
2. The circulation period is 30 years, from 20 14 to 2044.
3. The camellia seeds obtained by Party B according to the actual development are divided into 4: 6 with Party A.. That is, Party A enjoys 40% of the proceeds from tea seeds (as the land transfer fee paid by Party B to Party A), and Party B enjoys 60% of the proceeds from tea seeds. 40% of Party A's profit share will not bear any production management expenses in production and business activities.
4. When the tea farm reaches the mining conditions, Party A shall send village cadres to supervise and weigh the tea seeds on the spot every day, and supervise and count the total output of tea seeds in the village.
5. After the output of each village group is confirmed by Party A and Party B, Party B shall not sell the tea seeds at a low price at will, and shall not sell them until Party A appoints a special person from the village cadres to know the market price of that year, and then * * * agrees on the sales price of the tea seeds of that year. Otherwise, it is necessary to make up the difference against the market price.
6. After the tea seeds are sold every year, Party B is responsible for paying 40% of the proceeds in one lump sum according to the actual area of each village group of Party A (not responsible for distributing them to households), and then the village group is responsible for distributing them to households in a way suitable for each village.
Second, the rights and obligations of both parties
(1) Party A:
1. Party A confirms that the property rights of the above-mentioned transferred barren hills and woodlands are clear, and there are no ownership disputes and economic disputes, and unconditionally assists Party B in handling the ownership disputes that may arise from the transfer of barren hills and woodlands. Where Party B suffers losses due to disputes over the ownership transfer of barren hills and forest land, Party A shall be responsible for compensation. The compensation standard is the actual loss suffered by Party B. ..
3. Within 30 days after the signing of this agreement, Party A shall remove all firewood and miscellaneous wood handed over to Party B according to law. If it is not removed within the time limit, Party B shall handle it by itself.
4. Party A unconditionally assists Party B in determining the boundaries of the transferred barren hills and woodlands and the marks on the aerial survey map, and assists Party B in handling the transfer procedures of the transferred barren hills and woodlands in the competent forestry authorities (the transfer of forest rights shall be completed within one month), and the registration fee shall be borne by Party B. After completing the transfer procedures, Party A will designate a special person to keep the farmers' forest right certificate.
5. Party A unconditionally assists Party B in handling all kinds of relations with surrounding villagers during the development and operation, and assists Party B in the publicity and prevention of theft and fire prevention for the development project.
6. Due to the needs of production and operation, Party B needs to build some management houses and power supply projects, and Party A shall actively coordinate relevant departments to handle relevant formalities for Party B. ..
7. Party A shall respect Party B's autonomy in production and operation, and ensure that Party B enjoys the right to independently operate the forest land and the right to benefit from the development project during the transfer operation. Party A shall not interfere with Party B's normal production and business activities according to law, participate in any management and business decisions other than those agreed in this contract, distribute tea seeds according to the proportion of income (income can only be distributed in cash settlement), and illegally modify or terminate the circulation contract.
(2) Party B:
1. In principle, after Party B obtains the right to operate the transferred land, it will start to develop and plant the land from the date of signing the contract, which will be completed within one year. According to the needs of production and operation or other factors, if it cannot be completed within one year, it is allowed to develop and plant in batches by year, but it must be completed within two years.
2. In order to ensure the completion of the development and planting task within two years, Party B shall pay a two-year development deposit to Party A according to the standard of 40 yuan/year when signing the contract. If it is completed within two years, Party A will refund the deposit in full; If it is not completed on schedule, as compensation for forest land loss, the deposit shall be paid by Party A to the farmers of the circulating villagers' group. If the development and planting are not implemented in the third year, Party A will terminate the contract.
3. Party B must keep the original use of the circulating forest land, and shall not change the nature of the forest land, which can only be used for camellia oleifera cultivation; Unauthorized transfer is not allowed. If it is necessary to transfer in operation, it is necessary to adhere to the original format of camellia oleifera planting and not engage in other kinds of farming. The transfer can only be made with the consent of Party A, otherwise the transfer will be invalid.
4. During the circulation period and the production and operation process, Party B shall implement professional afforestation and management measures to ensure that the circulating farmers can obtain normal income in the industry as soon as possible during the circulation period, and must avoid poor income or no income for many years due to unintentional operation.
5. Protect and rationally utilize barren hills and wasteland according to law, and do not destroy forests for land reclamation, quarry, dig sand, borrow soil from circulating forest land or allow others to cause permanent damage to forest land.
6. Active measures should be taken to stop the acts of deforestation and indiscriminate occupation of barren hills and woodlands in circulating woodlands, and timely report to relevant departments.
7. Do a good job in forest fire prevention and forest pest control according to law.
8. In the process of production and operation, Party B shall give priority to Party A's local workers, especially the farmers and workers involved in the floating village groups, in addition to the work of planting trees and fertilizing with high professional skills and simple work such as weeding and picking.
9. In the process of production and operation, Party B must pay attention to protecting the existing graves and shall not move or destroy them at will. At the same time, if migrant farmers need to bury graves in the future, Party B must unconditionally agree to implement suitable burial plots.
Third, the liability for breach of contract
1. During the transfer operation, if Party A fails to perform its obligations as agreed, the losses arising therefrom shall be borne by Party A, and the calculation method of the losses shall be based on the value confirmed in the asset appraisal report issued by the asset appraisal agency. Party B also has the right to refuse to pay Party A's share. ..
2. If Party B fails to perform its obligations as agreed, the losses arising therefrom shall be borne by Party B, and the calculation method of the losses shall be based on the value confirmed in the asset appraisal report issued by the asset appraisal agency.
Four. any other business
1. During the transfer period, if the transferred barren hills and woodlands are requisitioned for national construction, Party B shall unconditionally obey. Among the compensation fees given by the state, the land compensation fee belongs to Party A, and all the compensation fees for trees and cash crops developed and planted belong to Party B. ..
2. During the transfer period, Party B has the right to declare agricultural and forestry development and industrialization projects to banks and relevant departments. Party A needs unconditional assistance, and the required expenses shall be borne by Party B, and the state support funds and forestry project subsidies obtained shall be owned and used by Party B. ..
3. The state will implement policy subsidies for barren hills and wasteland in the future, which will be owned by Party A. 4. After the expiration of this contract, Party A and Party B may adopt the following schemes:
① After the circulation expires, Party B has the priority to renew the contract under the same conditions, and the harvest ratio can be adjusted appropriately. Cooperation matters shall be subject to the new contract.
(2) If Party A and Party B cannot renew the contract after the expiration, Party B shall unconditionally hand over all the tea trees and facilities planted to Party A for disposal.
5. Matters not covered in this contract shall be supplemented by both parties through consultation, and the supplementary agreement shall have the same effect as this contract.
6. Disputes arising from the performance of this contract shall be decided by the people's court.
7. This contract is made in octuplicate, with Party A and Party B holding two copies respectively, and the rest kept on file.
Party A (seal): Party B (seal):
Representative (signature): Representative (signature):
Village collective organization (seal):
Representative (signature):
Date, month, 2000
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