Job Recruitment Website - Property management company - How to write the demolition compensation agreement _ compensation receipt?
How to write the demolition compensation agreement _ compensation receipt?
Removed person (hereinafter referred to as Party A):
Remover (hereinafter referred to as Party B):
With the approval of the government, due to the needs of the construction project, according to the relevant provisions of the General Principles of the Civil Law, the Contract Law and the Land Management Law, the two parties reached the following agreement on the compensation for demolition on the principle of equality and voluntariness:
1. Information of the demolished person: According to the property right certificate provided by Party B, combined with relevant laws and regulations, the information of Party B's house and accessories is confirmed as follows: (1) Location of the house: (2) Ownership of the house: (3) Use of the house: (4) Floor where the house is located is xx.
Two. Information of the demolisher: According to the relevant laws and regulations of China, Party B entrusts the demolition company that has obtained the qualification certificate of the demolisher to start the demolition work at the agreed time and issue the demolition notice. Party B promises to reach an agreement with Party A on demolition compensation according to law.
3. Housing compensation: The current construction area of all houses owned by Party A is square meters, of which the interior construction area is square meters and the shared construction area is square meters. The unit price of ownership of these houses is RMB/m2, so the total value of ownership of houses owned by Party A is RMB/m2.
4. Land compensation: square meters of land is occupied by Party A's current house, of which square meters is the exclusive land use right of Party A and square meters is the land use right of Party A and others (subject to the land use right certificate); The unit price of these land use rights is RMB/m2, so the total value of land use rights owned by Party A is RMB 5 yuan. Other compensation: Considering that Party A has lived here for a long time and moving out of the house will cause a lot of inconvenience to Party A, based on the principle of reward and compensation, Party B promises to pay the following compensation to Party A in addition to the above-mentioned housing compensation and land compensation: 1, telephone number change fee.
Payment method of intransitive verb compensation: through friendly negotiation between both parties, Party B shall pay compensation of RMB * * * to Party A, and Party B promises to pay all the compensation to Party A in cash before.
Seven. Relocation time: Party A shall vacate the house within days after receiving the compensation paid by Party B and hand it over to Party B for demolition.
Eight. Liability for breach of contract: This agreement shall come into effect after being signed and sealed by both parties, and neither party shall breach the contract, otherwise, it shall pay liquidated damages at% of the total compensation, and if it causes economic losses to the other party, it shall compensate the losses according to law.
9. Dispute settlement: If there is any dispute between the two parties, it shall be submitted to the court where the house is removed for judgment.
X others: this agreement is made in sextuplicate, three for each party, and one for Party B to submit to the housing management department.
Removed person (hereinafter referred to as Party A): Remover (hereinafter referred to as Party B):
Year, month, year, month, year
Article 2 of the model demolition compensation agreement
Both parties to the agreement:
Party A: * * Land Reserve Center
Authorized Agent: Tel:
Party B:
Legal Representative: Telephone; Contact address:
Authorized Agent: Telephone; Contact address:
With the approval of the provincial people's government, on the basis of equality, voluntariness and consensus, Party A and Party B shall compensate Party B for house demolition in accordance with the Land Administration Law of the People's Republic of China, the Regulations for the Implementation of the Land Administration Law of the People's Republic of China and relevant laws, regulations and policies.
Article 1: The house and accessories moved by Party B..
According to the property right certificate provided by Party B, combined with the relevant laws, regulations and standards determined by the compensation scheme, it is confirmed by both parties that Party B's house and accessories are as follows:
(a) The house is located at:
(2) The property right of the house belongs to all (* * *).
(III) Purpose of the house: industrial house for residential storefronts.
(four) the total number of floors of the house (the floor where the house is located is the first floor)
(5) Annex of the house: (See Annex 1 for details).
(six) whether the house that has been moved is mortgaged. The house after moving has been mortgaged to. The current housing owners and mortgagees handle the housing mortgage in the following ways:
(VII) Others: Article 2 Compensation and resettlement methods for house demolition: Party B voluntarily chooses the following compensation and resettlement methods. 1, monetary compensation. 2. Property rights exchange. 3. Combination of monetary compensation and property right exchange.
Party B can choose property right exchange, monetary compensation or a combination of the two methods. Once the compensation method chosen by Party B is determined, it shall not be changed at will. Where Party B chooses to exchange property rights, Party A shall provide resettlement houses; Shuangwan signed the Letter of Intent for Property Rights Exchange on matters related to the house type, number of units and area to be exchanged.
Article 3 Both parties agree to choose the following methods to determine the monetary compensation amount of the house to be demolished:
1. After full consultation by both parties, Shuangwan voluntarily determines the compensation amount of the demolished houses according to the compensation scheme and the standards listed in its schedule, as follows:
(1) residence. According to the Confirmation Form of Housing Status and Compensation in Demolition Area of Construction Project (Land Acquisition) signed by both parties.
L, the legal construction area of square meters, the compensation amount subtotal yuan.
2, illegal, illegal parts, including:
(1) The construction area of the incomplete part is square meters, and the compensation amount is subtotal in RMB;
(2) The construction area of the part without formalities is square meters, and the compensation amount is subtotal yuan.
3. If the residential land approved by the competent department is not built, the land area is mu (square meter), and the compensation amount is subtotal yuan.
The total compensation amount of the above 1, 2 and 3 is RMB.
(2) storefront. According to the confirmation letter signed by both parties on * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *.
1, the legal construction area is square meters, and the compensation amount is subtotal yuan;
2, illegal construction area of square meters, the amount of compensation subtotal yuan;
The total compensation amount of the above 1 and 2 is RMB.
(3) industrial buildings. According to the confirmation form of * * * * * * * * * * * construction project (land acquisition) for the demolition of industrial buildings in the area and compensation signed by both parties:
1. After deducting unpaid land fees, the compensation amount will be subtotaled.
2, without the approval of the land area of mu (square meters), the amount of compensation subtotal yuan.
3. The legal construction area is square meters, and the compensation amount is subtotal yuan.
4, the use of unapproved land for illegal construction of infrastructure housing construction area of square meters, the amount of compensation subtotal yuan.
5, the land has been approved but not approved by the planning and construction department of illegal infrastructure housing construction area of square meters, the amount of compensation subtotal yuan.
6. The construction area of the super high-rise part is square meters, and the compensation amount is subtotal yuan. 1 above? The total compensation for relocation of six industrial buildings is RMB.
The second type: the two parties to the agreement determine the amount of housing compensation through negotiation according to the number. The real estate appraisal report issued by (real estate price appraisal agency) evaluates the market price of houses and the market price of resettlement houses at the same time. The amount of housing compensation (including housing decoration compensation and land use right compensation) is as follows:
(a) the amount of housing compensation (including the legal construction area of square meters);
(two) the amount of compensation for the store is RMB (including the legal construction area of square meters);
(three) the amount of compensation for industrial buildings (including the legal construction area of square meters).
Special instructions:
1. The above compensation amount has included the decoration compensation amount.
2. The compensation amount of residential storefront has included land use compensation.
Article 4 The amount of compensation for ancillary works of houses.
Housing ancillary works shall be subject to monetary compensation, and property rights shall not be exchanged. According to the Registration Form of House Attachments signed and confirmed by both parties, the compensation amount of Party B's house attachments is RMB subtotal (see Annex 1 for details).
Article 5 The amount of compensation for expropriated land shall be determined according to the following standards.
65,438+0. For the unapproved construction land per mu (regardless of the original land requisition type), the compensation is 46,300 yuan/mu (including land compensation fee, resettlement fee and ground attachments compensation fee), and the subtotal is RMB.
2. If mu of non-construction land is requisitioned (regardless of land type), the compensation is 46,300 yuan/mu (including land compensation fee, resettlement fee, ground attachments and young crops compensation fee), and the subtotal is RMB.
3, the amount of compensation for fruit trees, including:
Tree species, plants, compensation unit price/plant, subtotal yuan
Tree species, plants, compensation unit price/plant, subtotal yuan
Tree species, plants, compensation unit price/plant, subtotal yuan
Tree species, plants, compensation unit price/plant, subtotal yuan
Tree species, plants, compensation unit price/plant, subtotal yuan
The above 1, 2 and 3 land acquisition compensation amount is RMB.
Sixth relocation of non residential housing production and operation compensation.
1. compensation for the closure of the store: according to the square meters of the identified store area, calculated as 30 yuan/square meter/month, Party A shall pay Party B a one-time compensation for six months, with a subtotal of RMB.
2. Compensation for industrial building shutdown: According to the identified square meters of industrial building, Party A shall pay Party B a one-time compensation of 6 months according to the standard of 12 yuan/square meter/month, with a subtotal of RMB.
3. If the relocated non-residential house is a rental house, Party A shall pay Party B a one-time rent compensation of 3 months according to the standard rent of the house rental tax certificate at the time of relocation, with the subtotal of RMB, and the lease relationship shall be settled through negotiation between Party B and the lessee.
The amount of economic compensation for Party B's suspension of production and business of the above-mentioned non-residential houses is RMB * * *.
Seventh housing relocation subsidies
Part of monetary compensation shall be selected by Party B.
Party A shall, according to the standards in the compensation plan, pay Party B the relocation allowance in one lump sum according to the approved compensation and resettlement area, with the specific area and compensation amount as follows:
1, the living area is square meters, calculated by multiplying 4 yuan/square meter once, and the subtotal is RMB;
2. The storefront area is square meters, each time multiplied by 6 yuan/square meter, and the subtotal is RMB;
3. The industrial building area is square meters, calculated by multiplying 5 yuan/square meter by 1, and the subtotal is RMB;
4, large machinery and equipment, calculated by yuan/Taiwan, subtotal yuan.
Article 8 Party A's preferential incentives
According to Party B's cooperation with Party A's house demolition work, according to the provisions of preferential and incentive measures in the compensation plan and according to the approved compensation and resettlement area, Party A gives Party B the following preferential and incentive measures:
(1) If Party B agrees to compensate according to the price listed in the schedule of compensation scheme, move and vacate on schedule and sign an agreement, the property right exchange part:
1. The price difference reduction rate of private houses confirmed by Party A and Party B is%, and the reduction base is calculated according to the relevant provisions of the compensation scheme. After the price difference room is to be selected, it will be calculated separately when signing the demolition and resettlement agreement.
2. The discount rate of shop price difference confirmed by Party A and Party B is%, and the discount base is calculated according to the relevant provisions of the compensation plan. After the house is to be selected, the difference should be calculated separately when signing the demolition and resettlement agreement.
3, industrial housing area of square meters, according to yuan/square meter reward, subtotal yuan.
(2) If Party B agrees to make compensation according to the price listed in the schedule of compensation scheme, Party B shall relocate and vacate the part with monetary compensation as scheduled and sign an agreement;
1, private house area of square meters, reward RMB/square meter, subtotal RMB.
2. The store will reward% of the compensation amount, with a subtotal of RMB.
3, industrial housing area of square meters, according to yuan/square meter reward, subtotal yuan.
The total amount of the above (1) and (2) awards is RMB.
Ninth demolition compensation amount and settlement method.
(1) The total compensation for the demolition of the property right exchange part selected by Party B is RMB 10 million only.
(II) The total amount of demolition compensation for the monetary compensation selected by Party B is RMB (in words: one thousand one hundred yuan only).
(3) Both parties agree to settle accounts in the following ways:
1. Party B has all chosen property rights exchange. After the signing of this agreement, the compensation for demolition will not be paid to Party B for the time being. Party B chooses a house for resettlement, signs a demolition and resettlement agreement, settles the difference, and makes up for more and less.
2. All Party B chooses monetary compensation. After the signing of this agreement, Party B shall provide relevant materials to cooperate with the issuance procedures, and Party A shall pay in one lump sum within one week.
3. If Party B chooses the combination of monetary compensation and property right exchange, the remaining amount after deducting the price difference shall be settled according to the compensation amount determined by both parties for the part selected by Party B for property right exchange, and the excess shall be replenished and the deficiency shall be replenished. The part that Party A should pay to Party B shall be paid in one lump sum within one week after the signing of this agreement, and Party B shall provide relevant materials to assist in the issuance procedures; The part that Party B should pay to Party A shall be paid in one lump sum when Party B chooses to resettle the house and signs the demolition and resettlement agreement.
Article 10 After full consultation, both parties voluntarily choose the following methods to pay temporary resettlement subsidies and bear relevant responsibilities.
(a) their own transition.
1. Payment standard: the recognized compensation and resettlement area of the house is square meters, the price is 5 yuan/square meter/month, and the subtotal is RMB/month.
2. Payment time: It shall be calculated from the date when the house is vacated and accepted by Party A (i.e. 20xx), and shall be paid quarterly until Party A notifies Party B in writing to live in the house. Within 15 days after Party A sends a written notice of house selection, if Party B goes through the formalities of entering the house according to Party A's requirements, it shall pay Party B three months according to the standard; If Party B fails to go through the household resettlement procedures as required, Party A will not pay the resettlement subsidy to Party B from the second month after Party A sends out the notice of house selection.
3. Liability for breach of contract. If the transition period exceeds 36 months due to Party A's reasons, Party A shall require Party B to pay the temporary resettlement subsidy twice a month from the overdue month. If Party B fails to handle the household resettlement procedures according to the regulations due to Party B's responsibility, Party A will not pay the resettlement subsidy to Party B from the second month after the Notice of House Selection is issued.
(2) Party B uses the temporary transitional swing space provided by Party A. ..
1. Party B shall sign a separate agreement with Party A on the management and use of swing space. The rent of the revolving house used by Party B shall be deducted from the temporary resettlement subsidy.
2. Liability for breach of contract. If the transition period exceeds 36 months due to Party A's responsibility, Party B shall use the revolving house from the overdue month without paying the rent, and Party A shall pay the temporary resettlement subsidy to Party B according to the standard. If Party B fails to go through the household formalities as required due to Party B's responsibility, Party B shall pay the market rent of the swing space to Party A on a monthly basis from the overdue month.
Eleventh housing relocation time
Party B vacated the house on, and handed it over to Party A for demolition after it was accepted by Party A..
Article 12 Agreement on House Removal and Vacation
1. After Party B vacates the house, it is accepted by Party A and delivered to Party A for demolition, and then it can move back without permission, and dismantle the accessories, doors, windows and water and electricity equipment of the house without permission; Otherwise, Party A has the right to cancel the rewards and benefits enjoyed by Party B; If Party A has losses, it can be directly deducted from the compensation for demolition.
2. The water, electricity, property management, telecommunications, broadcasting and other related expenses of the relocated house shall be paid by Party B, which has nothing to do with Party A. ..
Article 13 Party a shall separately provide party a with relevant property rights certificates and other relevant certification materials provided by party b for the relocated house? Receipt? .
Article 14 Party B's commitment to guarantee the authenticity of the relevant certification materials of the demolished house.
Party B guarantees that all the property right certificates and other relevant certificates provided to Party A about the relocated house are objective and true, otherwise, Party B is willing to bear all legal responsibilities. For disputes arising from transfer, inheritance, division (property analysis), mortgage, etc., Party B shall voluntarily bear all legal responsibilities arising therefrom.
Article 15 Liability for breach of contract
(1) If the monetary compensation is not paid to Party B in full and on time due to Party A's reasons, Party A shall bear the civil liability for the overdue payment and pay liquidated damages at one ten thousandth of the daily payable amount.
(2) If Party B fails to pay the price difference of resettlement house to Party A on schedule, Party A has the right to suspend the delivery of resettlement house to Party B and stop paying temporary resettlement subsidy to Party B who arranges the transition of residence by himself.
Article 16 Dispute settlement
Any dispute arising from the performance of this Agreement shall be settled through negotiation; If negotiation fails, any 10,000 people have the right to bring a lawsuit to the people's court with jurisdiction.
Article 17 All optional clauses in this agreement shall be explicitly selected by both parties. This agreement shall come into effect as of the date when Party A and Party B or their authorized representatives sign and seal it, and both parties shall abide by it. If either party breaches the contract and causes losses to the other party, it shall be liable for compensation.
Article 18 This Agreement is made in quadruplicate, with Party A holding three copies and Party B holding one copy. Backup has the same legal effect.
Article 19 Matters not covered in this agreement shall be implemented in accordance with the relevant provisions of the compensation plan. Where there are no provisions in the compensation plan, Party A and Party B shall sign a supplementary agreement after further consultation, and the supplementary agreement has the same legal effect as this agreement.
Article 20 The annexes to this agreement have the same legal effect as this agreement. The contents of this agreement and its annexes, and the words filled in the blank part have the same effect as the printed words.
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