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Selection mode of property management contract in shopping center
Selected model of shopping mall property management contract (1) Party A: _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party B: _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In accordance with the Property Management Regulations and relevant laws, regulations and policies, Party A and Party B enter into this contract on the basis of voluntariness, equality and unanimity, regarding the preliminary property management services.
Article 1 Rights and obligations of both parties
1. Rights and obligations of Party A
(1) Maintenance, repair, service and management of * * parts of the property, * * * facilities and equipment, greening, environmental sanitation, safety precautions, transportation and other projects;
(2) According to the relevant laws and policies, combined with the actual situation, formulate the property management system and temporary management regulations, and notify Party B in writing;
(3) Establish and improve the property management files of this property;
(four) to safeguard the public interests of all owners, and to stop the violation of the previous property service management contract, temporary management agreement and decoration management service agreement;
(5) A property management enterprise may entrust a franchise enterprise to undertake the special management and service business of this property, but may not transfer the overall management responsibility of this property to a third party;
(6) Collect property management fees, parking space maintenance fees and other related fees from Party B according to the Property Management Regulations and Shandong Property Management Regulations and the stipulations of this contract;
(7) Prepare the annual property management work plan;
(8) Announce the income and expenditure accounts of property maintenance and renewal expenses to Party B every year;
(9) Inform Party B in writing in advance of matters needing attention and prohibited behaviors in house decoration, and sign a house decoration management agreement with Party B;
(10) It is not allowed to occupy the * * * used parts, * * used facilities and equipment or change its use function without authorization;
(1 1) Provide paid services such as self-use parts, self-use facilities and equipment maintenance to Party B;
(12) On the premise of not affecting the normal operation of the owners, the proceeds will be used to make up for the shortage of property management service fees, and the surplus will be used to supplement public maintenance funds.
2. Rights and obligations of Party B
(1) Participate in the owners' meeting and enjoy the right to vote, be elected and supervise;
(2) Supervise Party A's property management service behavior, and put forward opinions and suggestions on relevant issues of property management to Party A;
(3) Abide by the temporary management statute of this property and the management provisions of the decoration management service agreement;
(4) Pay the property management fee and other payable fees to Party A according to the stipulations of this Contract;
(5) When decorating the house, it shall sign a house decoration management agreement with Party A and abide by the provisions of relevant laws, regulations and policies;
(6) It is not allowed to occupy, damage * * used parts, * * use facilities and equipment or change the use function of this property, and compensation shall be paid for the losses caused;
(7) When transferring the house, Party A shall be informed in advance, and the transferee shall be informed to sign this agreement with Party A;
(8) Educate and guide tenants, users, relatives and visitors of the property to abide by this property management system, and bear joint liability for losses and damages caused by tenants, users and visitors' violation of this property management system;
(nine) in accordance with the principles of safety, fairness and rationality, correctly handle the adjacent relationship between water supply and drainage, ventilation, lighting, maintenance, transportation, health, environmental protection and other aspects of the property, and shall not infringe upon the legitimate rights and interests of others and the public;
(10) All vehicles entering the community should be parked at the designated location and pay relevant fees according to regulations.
Article 2 Contents of property management services
1. Maintenance and management of * * * used parts of the house: * * used parts refer to the foyer, stairwell, water pump room, electric meter room, elevator room, telephone branch room, elevator room, corridor passage, communication room, inner patio, load-bearing structure of the house and outdoors used by all owners or users of a single building in the property management area.
2. Maintenance and management of facilities and equipment used in houses: The facilities and equipment used in houses refer to water supply tanks, pumps, drainage pipes, manholes, septic tanks, garbage passages, garbage bins (rooms), TV antennas, elevators, lighting lamps, lightning protection devices and users used by all owners or owners and users of single buildings in the property management area.
3. Environmental sanitation: cleaning public places and roads in the property management area; Disinfection of public environment; Domestic garbage removal; Greening and maintenance. Daily watering, pruning, fertilization, pest control and replanting of greening in the property management area.
5. Traffic order and vehicle parking: provide parking order management services in the community; Keep the community quiet; Don't park in the non-parking area.
6. House decoration management: sign a house decoration management agreement with the owner; Discourage and stop illegal decoration; If you don't listen to the rules, report to the relevant government administrative departments in time.
7. Fire management: fire propaganda; Do a good job in daily maintenance of fire fighting equipment; Call the police in time when a fire is found, and actively organize fire fighting.
Article 3 Quality of property management services
1, the appearance of the house is intact and tidy, and there is no graffiti;
2. Maintenance and management of * * * waste parts and * * waste facilities and equipment: * * waste parts and equipment are not damaged, and * * * waste facilities and equipment are operating normally; Regular maintenance; Special maintenance.
3. Environmental sanitation: the environment is clean and pollution-free; Domestic garbage is cleaned regularly.
4. Traffic order and vehicle parking: roads are smooth and orderly; Vehicles are parked neatly;
5. Safety precautions: emergency plan for sudden accidents; The main entrance is manned 24 hours a day, and the area is regularly patrolled; Assist the public security department to maintain public order in this property area;
6. Maintenance of * * * parts and * * facilities of the house: Maintenance of * * * parts and damaged facilities of the house.
Article 4 Property management service fee
1. Payment time of Party B: calculated from the delivery date specified in the occupancy notice issued by the developer;
2. Charge standard (based on construction area), commercial property: charged at _ _ _ _ yuan per square meter per month,
3. The charging standard of property management service fee will not change due to Party B's vacant property.
4. When Party B rents out the property, the property management service fee shall be paid by Party B or the lessee, and Party B shall bear joint and several liabilities;
5. When transferring the property, Party B shall pay the property management service fee before the transfer.
6. The property management service fee has included the energy consumption of some facilities and equipment, but does not include public lighting and other expenses.
7. Entrusted by Party B, Party A shall pay for the repair, maintenance and other special service fees for the self-use parts and equipment of the house, and repair the faucet, check the wiring and repair the heating leakage as scheduled.
8. The time limit for Party B to pay the fees shall be paid in advance at the beginning of each year.
9. Other expenses: _ _ _ _ _ _ _ _ _ _ _.
Fifth the use of property maintenance funds
1. The maintenance fund can only be used when the warranty period expires, the public parts of the property and the * * * facilities and equipment are overhauled, updated and transformed.
2. When the maintenance fund is idle, it shall not be used for other purposes except the purchase of treasury bonds or other funds stipulated by laws and regulations.
3. Party A shall put forward the annual use plan of maintenance funds, which shall be allocated after being audited by the local property management administrative department.
Article 6 The establishment and rights of billboards
The setting of billboards in this property area shall be managed by Party A in a unified way; Billboard income is used to supplement the loss of property management funds, and if there is a surplus, it is used to supplement public maintenance funds; It is forbidden for anyone to set up billboards in the property area for personal gain; Store billboards should be installed according to the unified standards of the property company, and shall not be installed without authorization.
Article 7 Liability for breach of contract
1. If Party A violates this agreement and fails to reach the agreed management service quality target, Party B has the right to request Party A to make corrections within a time limit. If Party A fails to make corrections within the time limit and causes losses to Party B, Party A shall bear corresponding legal responsibilities;
2. If Party B violates this agreement and Party A fails to achieve the agreed service quality management objectives, Party A has the right to ask Party B to make corrections within a time limit. If Party B fails to make corrections within the time limit and causes losses to Party A, Party B shall bear corresponding legal responsibilities;
3. If Party A raises the charging standard or collects fees in violation of this agreement, Party B has the right to ask Party A to settle the charged fees, return the interest and pay the liquidated damages.
4. If Party B violates this agreement and fails to pay the property management service fee as agreed, Party A may collect liquidated damages or late payment fees as agreed in this contract, and has the right to require Party B to add late payment fees (no more than five thousandths) for each overdue day.
Article 8 Others
1. In order to safeguard the vital interests of the public, the owners and users, Party B shall actively cooperate with Party A to take emergency measures against the above disasters in case of unexpected events such as electricity leakage, fire, water pipe rupture, saving lives and assisting the public security organs to perform tasks. Where Party A causes property losses to Party B due to emergency measures, both parties shall handle it according to relevant laws and regulations.
2. During the execution of this agreement, in case of force majeure, this agreement cannot be performed, both parties shall handle it according to relevant laws and regulations.
3. The words filled in the blank of this agreement have the same effect as the printed words. Matters not covered in this agreement shall be implemented in accordance with relevant national laws, regulations and rules.
4. In case of any dispute during the performance of this Agreement, both parties can settle it through negotiation or mediation. Unwilling to negotiate or mediate, or if negotiation or mediation fails, the parties may apply to the Arbitration Commission for arbitration or bring a lawsuit in a people's court.
5. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
6. This agreement shall come into force as of the date of signature.
Party A (official seal): _ _ _ _ _ _ _ _ _ _ _ Party B (official seal): _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Model Property Management Contract for Shopping Mall (II) Legal Representative of the Entrusting Party (hereinafter referred to as Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Registered address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The legal representative of the entrusted party (hereinafter referred to as Party B) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Registered address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to relevant laws and regulations, on the basis of voluntariness, equality and consensus, Party A entrusts Party B to use _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 1 The beneficiary of the services provided by Party B is Party A, and both parties shall perform this contract and bear corresponding responsibilities.
Article 2 Basic information of real estate
The house is located at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 Entrust management matters
1. Maintenance, conservation and management of building parts, including floors, roofs, external walls, load-bearing walls, staircases, corridors, halls, courtyards, etc.
2.* * Maintenance, operation and management of facilities and equipment, including * * water supply and drainage pipelines, downpipes, sewage pipes, * * lighting, central air conditioning, heating boiler room, fire-fighting facilities and equipment in the building, elevators, etc.
3. Maintenance, conservation and management of public facilities and affiliated buildings and structures, including roads, outdoor sewer pipes, septic tanks, pump houses, self-sustaining carports, parking lots, etc.
4, public * * * environmental sanitation, including housing * * * with parts of the clean sanitation, public * * * places clean sanitation, garbage collection, etc.
5. Traffic and parking order management.
6. Maintain public order, including security monitoring, patrol, past duty, etc.
7, management and property related engineering drawings, site user files and completion acceptance data.
Article 4 Property fees and payment methods?
1. Party A shall pay Party B a property management fee of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ When entrusted by Party A, Party B may accept the entrustment and charge a reasonable fee.
2. Party A shall pay the property management fee to Party B in strict accordance with the payment method required in the above terms, otherwise it will be regarded as a unilateral breach of contract by Party A, and Party B has the right to unilaterally terminate the contract and forcibly remove Party A's articles, and all economic losses caused thereby shall be borne by Party A. ..
Article 5 Term of entrusted management: from the date of signing this contract to _ _ _ _ _ _.
Article 6 Rights and obligations of Party A
1. Check and supervise the implementation of Party B's management at any time.
2. Pay the property management fee on time, and Party A shall bear the losses caused by Party A's breach of contract.
3. Party A shall provide Party B with all kinds of drawings during the use of the property in time, including decoration drawings, circuit diagrams, pipeline drawings, advertising approval drawings, fire control modification approval procedures, etc. The above drawings shall be handed over to Party B within 7 days after Party A uses the property.
4. Communicate with Party B in time on other issues arising during the execution of this contract.
5. Assist Party B in property management, publicity and education and cultural life.
Article 7 Rights and Obligations of Party B
1, formulate the property management plan according to relevant laws and regulations and the stipulations of this contract.
2. Hire professionals to undertake the special management business of the property, but the management responsibility of the property shall not be transferred to a third party.
3. Party B has the right to deal with the owner's violation of the owners' convention.
4. Inform the owner and the user of the property in writing about the provisions on the use of the property. When the owner and the user of the property decorate the property, they shall inform the relevant restrictions in writing and be responsible for supervision.
5. Do not occupy or change the public facilities of this property without authorization. If it is necessary to expand or improve the supporting projects, it shall be reported to the relevant departments for approval after consultation with Party A. ..
Article 8 Liability for breach of contract
1. Party A and Party B agree that during the execution of this contract, if the house is damaged or lost due to force majeure, this contract will be terminated, and both parties will not be responsible for each other, but Party B shall refund the related expenses paid by Party A in advance.
2. Party A and Party B agree that during the lease term, this contract will be terminated under any of the following circumstances, but Party B shall refund the related expenses paid by Party A in advance. ① The land use right within the occupied area of the house was taken back by the government in advance according to law, and Party A was not at fault .. ② The house was requisitioned or demolished according to law due to social interests or urban construction needs.
3. If either party violates the above provisions of this contract, the observant party has the right to terminate this contract unilaterally and demand the defaulting party to compensate the observant party for all the losses caused thereby, except in accordance with the relevant provisions of this contract.
Article 9 Supplementary Provisions
1. When signing this contract, Party A and Party B clearly understand their respective rights, obligations and responsibilities, and are willing to strictly implement the contract and regulations.
2. Any dispute between Party A and Party B in the performance of this contract and this agreement shall be settled through negotiation. If negotiation fails, a lawsuit may be brought to the local people's court according to law.
3. Matters not covered in this contract can be supplemented by both parties through consultation. In case of any conflict between all agreements signed before this date and this agreement, this agreement shall prevail. The supplementary agreement and relevant provisions signed thereafter have the same legal effect as this contract.
4. This contract shall come into effect after being signed and sealed by both parties. This contract and its annexes are made in quadruplicate, with the same legal effect, and each party holds two copies.
Party A (signature) _ _ _ _ _ _ _ _ _ _ _ Party B (signature) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative/representative: _ _ _ _ _ _ _ _ _ Legal representative/representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Id card: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Selected model of shopping mall property management contract (3) Party A: _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ID number
Party B: _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to relevant laws and regulations, on the basis of voluntariness, equality and consensus, Party A entrusts Party B with property management and signs this contract.
Article 1 Basic information of the property
Property type: _ _ _ _ _ _ _ _ _ _ _ _; Location: _ _ _ _ _ _ _ _ _ _ _ _; Floor space: _ _ _ _ _ ㎡; Building area: _ _ _ _ _ ㎡.
The beneficiaries of the services provided by Party B are all owners and users of the property, and all owners and users of the property shall perform this contract and bear corresponding responsibilities.
Article 2 Entrust management matters
Party A entrusts Party B to manage the following property management affairs in the residential area of _ _ _ _:
Maintenance and management of * * * parts and equipment of the house. Maintenance and management of public facilities. Operation and management of community service facilities. Accounting management of housing repair fund, high-rise residential elevator pump overhaul and renewal fund and neighborhood public facilities repair fund. Property file management. Building management. Public health. Security guard. Operation service management of elevators and pumps in high-rise residential buildings.
Article 3 Term of entrusted management
This contract shall come into effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4 Rights and obligations of both parties
(I) Rights and obligations of Party A
Responsible for the formulation of residential use convention and residential use manual as annexes to the housing lease contract, requiring owners and property users to abide by them together. Examine and approve the property management plan formulated by Party B, and inspect and supervise the implementation of Party B's management and system. Review Party B's annual management plan, fund use plan and final accounts report in the community. Responsible for collecting all drawings, documents and materials required for property management and providing them to Party B within _ _ _ _ _ days from the effective date of this contract. Owners and property users who fail to pay the property management fee according to the regulations have the responsibility to urge or pay it in the form of _ _ _ _ _ _. Coordinate and deal with the management problems left over before this contract comes into effect. Assist Party B in property management, publicity, education and cultural activities.
(II) Rights and obligations of Party B
According to the relevant laws and regulations and the provisions of this contract, formulate the property management plan. Owners and property users who violate laws and regulations shall be submitted to the relevant departments for handling. According to the relevant provisions of this contract, deal with the violations of the owners' convention by the owners and property users. Select a franchise company to undertake the special management business of the property, but shall not transfer the management responsibility of the property to a third party.
Be responsible for the preparation of the annual maintenance plan for the house, ancillary buildings, facilities, equipment and greening, which shall be implemented by Party B after mutual consent. Inform the owners and property users of relevant regulations in writing. Owners and property users shall inform the relevant restrictions in writing and be responsible for supervision when decorating the property. Announce the use of maintenance fees to all owners and property users every month. The public facilities of this property shall not occupy or change their functions without authorization. If it is necessary to expand or improve the supporting projects, it must be reported to the relevant departments for approval after consultation with Party A. ..
Article 5 Property management service requirements
Party B's maintenance and other special services for the parts and equipment occupied by the owner or property user shall be planned by the owner or property user according to the actual cost. During the warranty period, Party A shall bear the repair and maintenance expenses of the house, equipment and public facilities during the warranty period. The repair and maintenance expenses outside the warranty scope shall be borne by the operator according to the construction area.
Article 6 Liability for breach of contract
Party A and Party B shall strictly perform this contract. If one party breaches this contract, the other party has the right to terminate this contract, and the breaching party shall bear the corresponding liabilities for breach of contract. The liquidated damages shall be borne by the breaching party according to 20% of the total project amount. If losses are caused to one party, it shall bear the corresponding liability for compensation.
Chapter VII Supplementary Provisions
1. Both parties agree to handle the receiving and acceptance procedures according to the management matters entrusted by Party A within _ _ _ _ days from the effective date of this contract. Both parties may supplement the terms of this contract and sign a written supplementary agreement. The supplementary agreement has the same effect as this contract, but the original intention of the printed terms of this contract shall not be modified. The annexes to this contract are an effective part of this contract. In this contract and its annexes, the words filled in the blank part have the same effect as the printed words.
2. The original contract and its annex * * * _ _ pages are in triplicate, one for each party and one for the record of the property management administrative department, all of which have the same legal effect.
3. If the construction quality, equipment and facilities quality or installation technology fail to meet the use function and cause major accidents, Party A shall bear the responsibility and deal with the aftermath. The direct cause of quality accidents is determined by the firmness of government departments. During the execution of this contract, in case of force majeure, which makes it impossible to perform this contract, both parties shall negotiate and solve it in time according to relevant laws and regulations.
4. In case of any dispute during the performance of this contract, both parties shall settle it through negotiation. If negotiation fails, it shall be submitted to the Arbitration Commission for arbitration (if both parties fail to reach a written arbitration agreement, they may bring a lawsuit to the people's court). When the contract expires, it will be terminated naturally. If both parties renew the contract, they shall submit written opinions to the other party _ _ _ days before the expiration of the contract. This contract shall come into force as of the date of signing.
Party A (official seal): _ _ _ _ _ _ _ _ _ _ _ Party B (official seal): _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
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