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3 model contract for contracted property.
Model contract for contracted real estate 1
Party A (Client): Management Committee of Residential Owners.
Party B (Trustee): | _ _ _ _ Property Management Company
In order to strengthen animal husbandry management in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
First, the scope and content of property management
(1) Party A entrusts the property located in the residential area of _ _ _ _ Road in _ _ _ District to Party B for unified management, comprehensive service, contracted operation and self-financing.
(2) Management matters include:
1. Use, maintenance and protection of the house;
2. Use, maintenance and management of public facilities, equipment and places (places) [fire fighting, elevators, electromechanical equipment, street lamps, corridors, bicycle houses (sheds), landscaping areas, ditches, canals, pools, wells, roads, parking lots, etc. ] in this area;
3. Cleanliness (excluding the work after the garbage is transported to the transfer station);
4. Public life order;
5. Entertainment venues;
6 residential convenience service outlets and all business premises (excluding meat market);
7. Vehicle driving and parking;
8. Archives management in residential areas;
9. Other matters managed by the property management company as stipulated by the policy.
Second, the principle of entrusted management
Giving priority to social and environmental benefits, supplemented by economic benefits, promote each other, which embodies the principle of providing quality services to owners and unifying responsibilities and rights.
Three, determine the business objectives and economic instructions during the entrusted operation period, and implement the economic contract responsibility system in risk of mortgage.
Four. Term of entrusted operation The term of entrusted operation is years, from the date of month to the date of month.
Verb (abbreviation for verb) The responsibilities, rights and obligations of both parties.
1. Entrusted Party B to manage the property of _ _ _ _ _ residential area according to the Regulations on Residential Areas and the stipulations of this contract;
2. Supervise Party B's rational use of special funds for public facilities and pay Party B in accordance with the Measures for the Administration of Special Funds for Public Facilities;
3. Provide Party B with _ _ _ _ square meters of commercial housing (0.5% of the total construction area) according to the proportion stipulated by the municipal government, rent it according to the standard of commercial housing rent, and go through the use procedures;
4. Provide Party B with _ _ _ _ square meters of management premises (including _ _ _ square meters of office premises and _ _ _ square meters of staff quarters), and rent them according to the low-profit housing rent standard;
5. Be responsible for providing Party B with a set of completion data of this residential project, and take it back when Party B's management expires;
6. Party B shall not interfere with Party B's management and business activities in accordance with the provisions of this contract;
7. Supervise and inspect the management of Party B, and conduct an assessment every six months. Party B has the right to terminate the contract if it causes great economic losses due to poor management;
8, responsible for determining the residential area management service fee standard;
9. Entrust Party B to deal with violations of housing regulations, detailed rules of residential areas and owners' conventions, including fines, orders to stop work, orders to compensate economic losses, measures such as collecting water charges and power failure to urge non-payment of relevant fees without reason or refusal to correct illegal acts;
10. Assist Party B in publicity and education, cultural activities and property management;
1 1. Other responsibilities undertaken by Party A according to the policy.
(II) Responsibilities, rights and obligations of Party B
1. According to the relevant laws and regulations, combined with the actual situation, formulate the property management measures for this residential area;
2. Abide by the management regulations and the responsibilities stipulated in the contract, carry out comprehensive management of residential property according to the authorization of Party A, ensure the realization of management objectives and economic indicators, assume corresponding responsibilities, and consciously accept the inspection and supervision of Party A;
3. According to the needs of large and medium-sized repairs in the community, make a maintenance plan, and after it is approved by Party A, collect the maintenance funds needed for poultry from the special fund for public facilities;
4. Accept the supervision of Party A, report the financial accounts in the process of operation and management, submit the financial statements once a month, and publish the management fee income and expenditure accounts to all owners every three months, subject to the winning or losing of Party A and the district housing management department;
5. Public facilities in residential areas shall not be occupied or changed without authorization. Party B's reconstruction, expansion and improvement of supporting projects in residential areas must be reported to Party A and relevant departments for approval before implementation;
6. Party B shall set up a management office in the residential area based on the principle of commercial efficiency and lean;
7. Establish the property management files of this community, and be responsible for recording relevant changes in time;
8. Be responsible for calculating the charging standard of community management service fee, and provide Party A with the calculation standard and basis; Charge in strict accordance with the charging standard approved by Party A, and shall not increase the price without authorization. Pay 50% of the commercial housing rent to the district residential management department every three months as a special fund for recycling public facilities;
9. Have the right to deal with violations of the owners' convention and residential area management regulations and policies according to the entrustment of Party A and the provisions of the owners' convention;
10. When the management expires, hand over all special houses and related properties, all animal husbandry management files and related materials to Party A;
1 1. Carry out effective community cultural activities and convenient services;
12. Have the right to hire a franchise company to undertake the special business of residential property management and pay the fees, but may not transfer the overall responsibility and interests of residential property management to other people or units.
Management objectives and economic indicators of intransitive verbs
(1) All management indicators shall be subject to the Property Management Standards for Residential Areas in Shenzhen Special Economic Zone and the standards stipulated by the municipal and district housing management departments, and the residential areas shall meet the standards within _ _ _ _ years after Party B takes over.
(2) Ensure that all the charging indicators of _ _ _ _ _ _ _ _ _ _ _ Yuan are completed every year.
Seven. risk mortgage
(1) Party B shall pay RMB Yuan to Party A as mortgage risk fund in one lump sum within three days from the date of signing this contract;
(2) Party A shall refund all mortgage and bank demand deposit interest within three days after the expiration of the contract for the business objectives and economic indicators specified by Party B in the contract;
(3) If the Contract cannot be performed due to Party A's fault, Party A shall double the mortgage payment and compensate Party B for economic losses;
(4) If the Contract cannot be performed due to Party B's fault, Party B has no right to demand repayment of the mortgage loan and shall compensate Party A for its economic losses.
Eight, reward and punishment measures
(1) On the premise of fully fulfilling all management objectives and economic indicators, if there is any savings in management expenses, Party A will reward Party B with _ _ _% of the savings.
(2) If the community is rated as a national, provincial and municipal civilized community, Party A will reward Party B with RMB _ _ _ (national level), _ _ _ _ _ (provincial level) and _ _ _ _ _ _ _ (municipal level) respectively; Bonuses for individual awards or related honors from higher authorities shall be set separately; If the title of civilized community obtained by Party B is cancelled by the higher authorities during the period of Party B's management, Party B shall fully return the above bonus and interest on bank demand deposits.
(3) If Party A fails to perform its contractual responsibilities, which will affect Party B's contracted business objectives and economic indicators, or cause direct economic losses to Party B, Party A shall compensate or bear corresponding responsibilities;
(4) If Party B fails to perform the contract responsibilities or management objectives and economic indicators, Party A shall instruct Party B to make corrections within a time limit, and if the circumstances are serious, Party B shall be fined RMB until the contract is terminated, and the economic losses shall be borne by Party B;
(5) If Party B's mismanagement or gross mistakes cause economic losses or cause serious inconvenience to residents, it shall compensate Party A or the owners and users for the economic losses (subject to the appraisal conclusion of the Municipal Housing Management Bureau).
Nine. Modification, Supplement and Termination of the Contract
(1) The terms of this contract can be modified, changed or supplemented by both parties through consultation, and the written contract shall prevail;
(2) Upon the expiration of the management stipulated in this contract, this contract will be terminated naturally. If both parties want to renew the contract, they must submit written opinions to the other party six months before the expiration;
(III) After the termination of the contract, Party B may participate in the management bidding of Party A and give priority to contract management under the same conditions, except those who are disqualified from priority contract management according to the regulations and rules of residential areas.
X. Other matters
(1) In case of irresistible natural disasters (typhoon, flood, earthquake, etc.) during the execution of this contract. ), causing economic losses, the two sides understand each other, negotiate with each other and share reasonably.
(2) This contract shall come into effect as of the date of signing, and annexes 1, 2, 3, 4 and _ _ _ _ _ _ _ are an effective part of this contract.
(3) The original of this contract is in triplicate, one for each party and the district housing management department, all of which have the same legal effect.
(4) If both parties have disputes over the contract, and negotiation fails, they shall be submitted to the Municipal Housing Authority or the District Housing Authority for mediation, or the Shenzhen Intermediate People's Court shall make a ruling.
(5)
(6)
Party A (seal): Party B (seal):
Representative (signature): Representative (signature)
Time: Year Month Day
Model contract for contracted property II
Client (hereinafter referred to as Party A): Owners Management Committee/Real Estate Development Company.
Trustee (hereinafter referred to as Party B): property management company.
In accordance with the Economic Contract Law of the People's Republic of China, Decree No.33 of the Ministry of Construction, Measures for the Administration of Newly Built Residential Areas in Cities, Regulations on the Property Management of Residential Areas in Shenzhen Special Economic Zone and its Implementation Rules, on the basis of equality, voluntariness and consensus, Party A entrusts Party B to carry out professional and integrated property management of (property name) and sign this contract.
Article 1 Basic information of the property
Location: City Road (Street)No.; Coverage area: square meters; Building area: square meters; Including residential square meters; Property type: (residential area or group, office building, commercial and residential building, industrial area, other/low-rise, high-rise, super-high-rise or mixed).
Article 2 Entrust management matters
1. Maintain, conserve and manage the components used in the main building (floors, roofs, beams, columns, internal and external walls and foundations, external walls, stairs, corridors, hallways, equipment rooms, etc.). ).
2. Maintenance, management and operation services of facilities and equipment (sewer pipes, downpipes, garbage passages, chimneys, lighting, antennas, central air conditioners, heating trunk lines, heating boiler rooms, pressurized water supply equipment, power distribution systems, building fire-fighting facilities and equipment, elevators, reclaimed water systems, etc.). ) used in building construction.
3. Maintenance and management of municipal public facilities (roads, outdoor water pipes, septic tanks, ditches, pools, wells, greening, outdoor pump houses, street lamps, bicycle sheds and parking lots) within the red line of this property planning.
4. Maintenance, conservation and management of supporting service facilities (tennis courts, swimming pools, commercial outlets, etc.) within the red line of this property planning.
5. The public environment (including public * * * sites and buildings * * * parts) shall be clean and sanitary, and garbage shall be collected and removed.
6. Transportation, vehicle driving and parking.
7. Cooperate with and assist local public security organs to carry out security monitoring, patrol and other security work (excluding personal and property insurance custody responsibilities).
8. Community cultural and recreational activities.
9. Property and property management documents and materials;
10. Other matters managed by the property management company as stipulated by laws and policies;
Article 3 Term of Contract
The term of this contract is years. From year month day to year month day.
Article 4 Rights and obligations of Party A
1. Negotiate the annual management plan, annual expense budget and final accounts report with the property management company;
2. Supervise and inspect the management of Party B, and conduct a comprehensive assessment once a year. If Party B's mismanagement causes great economic losses or management mistakes, it has the right to terminate the contract after being confirmed by the property management department of the municipal government;
3. Entrust Party B to deal with violations of property management laws, regulations, policies and owners' conventions, including ordering to stop illegal acts, demanding compensation for economic losses and payment of liquidated damages, and cutting off water and electricity for those responsible for failing to pay or pay relevant fees without reason or refusing to correct illegal acts. Measures to urge payment and reform;
4. Within days from the effective date of this contract, Party A shall provide Party B with square meters of business premises, which shall be rented out by Party B at the rate of RMB per square meter per month, and the income shall be used to subsidize the maintenance and management expenses of this property according to regulations and policies.
5. Within days from the effective date of this contract, Party A shall provide Party B with square meters of management premises (including square meters of office premises, square meters of staff quarters and square meters of other premises) for Party B to use according to the following items:
① Free use.
② The rent is based on the standard of RMB per square meter of construction area per month.
6. Party A shall provide Party B with all property and property management files (project completion data, residential user data, etc.) within one day from the effective date of this contract. ) and take it back when Party B's management expires;
7. Party B shall not interfere with Party B's management and business activities according to laws or the provisions of this contract;
8. Be responsible for handling all kinds of disputes not caused by Party B;
9. Assist Party B in property management, publicity, education and cultural activities;
10. Other responsibilities stipulated by laws and policies.
Article 5 Rights and Obligations of Party B
1. According to the relevant laws, regulations and policies and the stipulations of this contract, formulate various management measures, rules and regulations and detailed rules for the implementation of this property, and independently carry out various management and business activities without damaging the legitimate rights and interests of most owners (residents) and obtaining improper benefits.
2 in accordance with the provisions of the state and local property management service charges, in accordance with the property management services and services. Service depth, calculate the charging standard of property management services, and provide Party A with the basis for calculation, and charge in strict accordance with the charging standard agreed in the contract, and shall not increase the price without authorization, and shall not only charge no service or charge more for less service.
3. Be responsible for compiling the annual maintenance plan and major and medium-sized maintenance plan of the house and ancillary facilities and equipment, and Party B will organize the implementation after the consent of both parties.
4. Have the right to deal with violations of the owners' convention and property management laws and policies in accordance with laws and policies, this contract and the provisions of the owners' convention;
5. Have the right to hire a franchise company to undertake the special management business of this property and pay the fees, but not to transfer the overall management responsibility and interests to other people or units, and not to contract important special business to individuals;
6. Accept the supervision and guidance of the property management department and relevant government departments, and accept the supervision of Party A and the owner;
7. At least once every 3 months, the management expense balance account shall be published to all owners.
8. Do not occupy or change the public facilities of this property without authorization. If it is necessary to rebuild, expand and improve the supporting projects of the property, it must be approved by Party A and relevant departments before implementation;
9. Establish the property management files of this property, and be responsible for recording relevant changes in time;
10. Carry out effective community cultural activities and convenience services;
1 1. When this contract is terminated, Party B must hand over all the properties originally entrusted for management, various management files, financial data and other materials to Party A; Public property transferred to this property, including assets accumulated by management fees and public income; Party A has the right to entrust a professional audit institution to conduct financial audit on the management and financial status of the house.
12. Do not assume the obligation to keep and insure the personal and property of the owner and non-owner users (unless otherwise agreed in the special contract).
Except).
Article 6 Management objectives
Party B shall formulate the "management sub-standards" (working standards and assessment standards for various repairs, maintenance and management) of the property according to the management matters entrusted by Party A, and take them as necessary annexes to this contract after consultation with Party A. The management standards promised by Party B within the year after this contract comes into effect; Meet the management standards during the year and obtain the certificate issued by the competent government department.
Article 7 Service fee management
l? The management service fee of this property shall be implemented according to the following items:
(1) is charged to the owner (residential user) according to the standard stipulated by the government, that is, RMB per square meter of construction area per month.
(2) Charge the owner (residential user) according to the standard negotiated by both parties, that is, RMB per square meter of construction area per month;
(3) Party A shall pay Party B directly according to the unified standard, that is, RMB yuan per square meter of construction area per year (month); Term of payment:; Mode:;
Party A: Owners Management Committee/Real Estate Development Company
Party B:
Signature time:
Model contract for contracted property 3
Employer (hereinafter referred to as Party A):
Contractor (hereinafter referred to as Party B):
Through friendly negotiation, Party A and Party B have reached the following agreement on the name of the project undertaken and operated by Party B in the name of Party A for compliance.
Article 1 Contracted operation of projects
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Building area: _ _ _ _ _ _ _ square meters.
Project Type: □ Multi-storey □ High-rise □ Small High-rise □ Commercial □ Mixed _ _ _ _ _ _ _.
Article 2 Mode of contracted operation
Party B shall negotiate the property management of the project name with the development and construction unit or the community industry committee alone. After Party B promises, it can carry out property management and property services in the name of Party A. After this contract comes into effect, Party B will be responsible for all business activities related to the community, and Party A will not interfere with Party B's specific business.
Article 3 Term of Contract
The term of the contract is _ _ _ _ _ _ _ _ years.
Article 4 Contract Fees and Payment Methods of Contract Fees
The contracting fee is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ Yuan/month, which shall be paid annually. Party B shall pay Party A the contract fee for the next year in one lump sum before May 3 1 every year.
Article 5 Agreement on relevant business management matters during the contract period
1. During the contract period, Party B shall operate independently, conduct independent accounting and be responsible for its own profits and losses. Party A does not ask Party B about specific business management matters.
2. During the contract period, Party B must abide by laws, try its best to avoid business risks, and bear civil and criminal responsibilities independently. In the property management activities of Jinjiao Garden, in case of negligence accidents such as loss, robbery and fire, Party A will not bear any responsibility for personal or property losses. In operation and management, Party B must correct its service attitude and actively resolve conflicts. If personal and property losses are caused to the community or owners, we must control the situation and actively compensate for reasonable losses. If Party B's financial compensation ability is not enough to compensate for the losses, Party B's guarantor will voluntarily assume unlimited joint and several liability (this agreement shall be signed by all parties).
3. Due to business needs, Party B can engrave an oval charge stamp with the content of "Special Seal for Charge of Project Department of Limited Liability Company". Under any circumstances, Party B shall not engage in any business activities unrelated to property management and property services in the name of Party A, and shall not sign contracts or issue certificates with others without authorization.
4. Party B shall not affect the reputation of Party A in its business activities. If economic losses or reputation losses are caused to Party A, compensation shall be made as appropriate to recover the influence.
Article 6 Party A's assistance matters
1. Inform Party B of the documents, materials, training notices, meeting notices and other contents of the industry authorities in time.
2. When an individual owner really needs to issue a formal invoice after paying the property service fee, Party A can assist in issuing the invoice, but the relevant taxes and fees shall be borne by Party B. ..
3. Under the condition that Party A's interests are not affected, Party A can partially provide the rules and regulations and mature experience that Party A has formed.
4. When the company conducts annual inspection of property qualification, industrial and commercial inspection and legal person code certificate, it can submit the relevant materials of the project managed by Party B for annual inspection.
Article 7 Conditions for Termination of Contract
1. The contract expires.
2. Due to the breach of contract by either party, it can be terminated according to this contract.
3. During the lease term, the performance of the contract shall be terminated in advance through negotiation between both parties.
4. During the contract period, under any of the following four circumstances, Party A has the right to unilaterally terminate this contract at any time: 1. A major liability accident is caused by Party B's illegal operation or serious dereliction of duty; Second, there is a big dispute with the owner or related personnel, which is difficult to reconcile and solve for a long time, and the contradiction may be further escalated; Third, not paying the contract fee on time; Fourth, in the event of a liability accident, one party refuses to pay or the amount of compensation is unsatisfactory to the other party, or other reasons have adverse effects on Party A. In any case, Party B shall face and accept it with peace of mind and responsibly withdraw from the management project according to the withdrawal procedures required by the competent department of the industry.
Article 8 Liability for breach of contract
1) If Party A terminates the contract in advance without Party B's breach of contract, it shall be deemed as Party A's breach of contract, and Party B shall be compensated 20,000 yuan as liquidated damages.
2) If Party B terminates this contract in advance without Party A's violation of this contract, it shall be regarded as Party B's breach of contract, and Party B shall compensate Party A for the liquidated damages of RMB 20,000.
Article 9 Matters not covered in this Agreement
For matters not covered in this contract, both parties can sign a supplementary agreement through consultation, which has the same legal effect as this contract.
Article 10 Supplementary Provisions
1. This contract is made in duplicate, each party holds one copy, which has the same legal effect.
2. Party A and Party B promise to keep confidential the documents and materials that belong to the other party and cannot be obtained from public channels during the discussion, signing and execution of this Agreement. Without the consent of the original provider of materials and documents, the other party shall not disclose all or part of the secrets to any third party, especially the core secrets such as the contract term and phased objectives, otherwise it shall compensate all the economic losses suffered by the disclosing party. Unless otherwise stipulated by laws and regulations or otherwise agreed by both parties. The confidentiality period is five years.
3. One month before the expiration of this contract, both parties shall renew the contract.
4. Disputes arising from or related to the performance of this contract shall be settled by both parties through friendly negotiation. If negotiation fails, one party may bring a lawsuit to the people's court to resolve the dispute through legal channels.
5. This contract shall come into effect after being signed and sealed by both parties.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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