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What does the model land acquisition compensation agreement generally include?
What does the model land acquisition compensation agreement generally include? Party A: Village Committee of XX Town, XX District Party B: Shanghai XX Real Estate Development Co., Ltd. In order to support Party A's village reconstruction, Party A agrees that Party B is responsible for the village reconstruction. Therefore, through negotiation, Party A and Party B have reached the following agreements on the collective land expropriation compensation, Party A's village reconstruction and villagers' relocation and resettlement under this agreement: the location and area of the first plot is 1, and the plot to be requisitioned by Party A (hereinafter referred to as the plot) is located in ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× It is intended to be used for the development and construction of residential quarters. 3. See Annex 1 for the adjacent plots of this plot (hereinafter referred to as the land for raising funds for building). Party A will use this plot to raise funds to build houses and centrally resettle the relocated villagers. 4. The total area of the above plots and the plots for raising funds to build houses is about ×× mu. Article 2 The land compensation fee is 1. Compensation standard: RMB ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The above compensation standard has included all expenses incurred due to land acquisition and demolition, including but not limited to land compensation fees, resettlement subsidies, ground attachments, compensation fees for fruit trees and young crops, villagers' pension, medical insurance and other expenses, as well as compensation fees, taxes and fees for above-ground and underground buildings and structures (except villagers' houses), new vegetable field development and construction funds, taxes and other expenses (including fees paid into special accounts for land acquisition). 2. Total compensation: calculated based on the land area of 680,000 square meters, the total compensation is. Compensation for relocation and resettlement of villagers and enterprises shall be implemented according to the agreement. 4. Except the fees agreed in this agreement, Party B does not need to pay any other fees to Party A or any third party other than Party A (including villagers and enterprises on the land) for land requisition. Article 3 Pay land compensation fee 1. Party B shall prepare the land acquisition plan according to the compensation standard agreed in this agreement. After the land acquisition plan and this agreement are approved by the relevant government departments, Party B shall go through the land acquisition procedures by stages according to the development plan. Within three months after the approval of each land requisition is issued, both parties shall settle land acquisition compensation according to the compensation standard agreed in this agreement and the area approved for each land requisition, and Party B shall pay Party A the settlement amount in one lump sum. 2. When Party B pays the first land compensation fee, it directly deducts part of the compensation fee paid to Party A, and Party A shall issue a legal invoice to Party B at the same time of collection. Article 4 Handling of collective land acquisition planning procedures: Party B is responsible for handling collective land acquisition (requisition), approval of conversion, change to state-owned land, residential development and construction land planning and other procedures, and Party A will provide assistance .. The fees charged by the government in the process of handling shall be borne by Party B. The specific processing time limit shall be negotiated by both parties. Article 5 Go through relevant formalities 1. After the signing of this agreement, Party A shall be responsible for and Party B shall assist in actively applying for the transfer transaction of this plot by means of government bidding, auction and auction (hereinafter referred to as listing). Party A shall provide information and procedures in a timely manner. 2. If Party A signs an agreement involving the land reserve department, it must obtain Party B's consent ... Party A irrevocably entrusts Party B as the sole authorized agent to negotiate with the land reserve department on the compensation standard and payment method for land acquisition and demolition, and the risk that the compensation standard is higher or lower than the standard agreed by both parties shall be borne by Party B. All the acquisition compensation paid by the land reserve department for the acquisition of the land shall be owned by Party B. Article 6 Land relocation and net delivery 1. Party A shall be responsible for the relocation and net delivery of the land to Party B, and the delivery period and standard shall be negotiated separately. 2. In the process of land requisition and demolition, Party A shall be responsible for handling and solving the related problems such as house demolition and villagers' resettlement within the requisitioned land, and Party B shall not bear any responsibility. Party A shall be responsible for the dissolution and termination of the existing contract, and the responsibilities and expenses arising therefrom shall be borne by Party A. 3. Before the land is delivered to Party B in a clean manner, Party A shall guarantee that the debt problems related to the land and the buildings, structures and attachments on the ground have been solved, and all taxes, fees and utilities have been settled. Party A shall pay before the net land is delivered, otherwise Party B can remit money and deduct it from the money payable to Party A ... Article 7 Compensation and resettlement for villagers' relocation 1. Principle: Party A shall be responsible for the relocation of villagers' houses, village offices and factories run by villagers. Villagers' houses are mainly centralized resettlement, supplemented by monetary compensation when resettlement houses are insufficient. Enterprises that relocate their houses with legal land shall give appropriate compensation in the form of monetary compensation. Enterprises set up by non-villagers in this plot shall be relocated by Party B, with Party A's assistance, and the relocation compensation shall be borne by Party B. 2. Party B shall be responsible for making the relocation plan, and fully communicate with Party A before making it, and listen to Party A's opinions. Party A is responsible for the relocation and resettlement according to the relocation compensation standard and relocation time set by Party B, in which the relocation time of enterprises and factories run by villagers, village offices and village personnel is 40% of the total number of households relocated at the end of XX; Party A is responsible for the construction of relocated houses for villagers, village offices and village-run enterprises. The land for relocation shall be selected by Party A separately, which is not within the scope of 685,000 square meters agreed in this Agreement. 4. Others: (1) Party A is responsible for the investigation and policy interpretation of the villagers, enterprises, houses, other appendages and attachments that have been demolished on this plot, and freezing the household registration and buildings in time. Surveying and mapping work must be carried out under the supervision of Party B, and the surveying and mapping results must be approved by Party B. Party A guarantees the accuracy of the survey results. If the relocation expenses, relocation time and difficulty increase due to inaccuracy, Party A shall bear the responsibilities. (2) Party A shall provide the land use situation of the plot and the certificate of ownership of the land and house in time to ensure the truthfulness, legality, accuracy and validity of the information. Article 8 Party A's commitment 1. The ownership and use right of the land under this agreement belongs to Party A. Party A guarantees that it has the right to sign this agreement on land acquisition compensation under this agreement. Party A shall timely and fully pay compensation fees to relevant villagers and enterprises according to relevant national and local regulations, and ensure that the compensation fees paid by Party B are managed and used according to government regulations and requirements. Party B is not responsible for this. 2. The resettlement compensation fee, the compensation fee for attachments on the ground, the compensation fee for fruit trees and young crops, and the expenses for handling villagers' endowment insurance and medical insurance have been included in the above unit price. Party A is responsible for paying the villagers, and Party B is no longer responsible for paying. 3. Party A is responsible for directly paying villagers' compensation, verifying and paying villagers' compensation for fruit trees, handling villagers' endowment insurance and medical insurance, resettling villagers' employment and solving related matters. 4. After the signing of this agreement, Party A will no longer apply for new house certificates and land certificates, and will no longer be allowed to build buildings, structures and other above-ground objects, and will not be allowed to transform, expand or decorate the house or do other acts that may increase the relocation expenses and increase the difficulty of relocation. Otherwise, Party A will bear the responsibilities and expenses arising therefrom. 5. Party A guarantees that there are no restrictions such as mortgage and seizure on this plot. Otherwise, the economic losses caused to Party B shall be borne by Party A double indemnity. 6. After the signing of this agreement, Party A promises not to negotiate with any other party or sign contracts such as land acquisition compensation. Otherwise, Party A shall pay Party B RMB ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× 8. Party A shall provide public facilities for Party B's use free of charge, and be responsible for handling relevant formalities. Article 9 Other 1. If the State Council and relevant government departments at all levels change the standards of land compensation and resettlement subsidies, the compensation standards paid by Party B to Party A will remain unchanged, and it will still be implemented according to the agreement, and Party B will no longer pay any collective land compensation and resettlement subsidies to the land departments. 2. After the residential community developed by Party B is completed and put into use, if Party B is responsible for recruiting the personnel responsible for greening, cleaning and sanitation of the community, Party A's villagers will be given priority under the same conditions. 3. Party A agrees to transfer Party B's rights and obligations under this Agreement to a third party designated by Party B at the time required by Party B, and this third party will continue to perform this Agreement. Article 10 Liability for breach of contract: 1. If Party A fails to go through the collective land requisition (expropriation) procedures, approve the conversion to state-owned land or planning procedures, or fails to deliver the plot, it shall pay RMB to Party B. If Party B fails to pay according to the provisions of this agreement, it shall pay liquidated damages to Party A at one ten thousandth of the overdue compensation date. 3. If Party A and Party B fail to perform any terms of this agreement, which causes losses to the other party, they shall make compensation. Article 11 Disputes arising from this Agreement shall be settled through consultation. If negotiation fails, either party may bring a lawsuit to the people's court where the land under this agreement is located. Article 12 Once signed, the agreement is legally binding, and neither party may modify or cancel it. For matters not covered, both parties shall sign a supplementary agreement through consultation. Article 13 This Agreement shall come into force as of the date when both parties sign and seal it and it is adopted by the villagers' congress. Party A guarantees that this agreement has been adopted by the villagers' assembly, and the resolutions of the villagers' assembly are attached. Article 14 This Agreement is made in sextuplicate, with each party holding three copies, all of which have the same legal effect. Party A: person in charge of the village committee of XX Town, XX District: XX Party B: legal representative of Shanghai XX Real Estate Development Co., Ltd.: XX Date of signing: XX, XX, XX, XX, especially for relocated households, we should not take it lightly because the main body of the relocation compensation agreement is the relevant state unit. Although in theory, the state has repeatedly asked all demolition units to sign land acquisition compensation agreements in strict accordance with state regulations, there are indeed problems in the implementation of some policies at lower levels. When signing the land acquisition compensation agreement, it must be strictly examined.
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