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Model house demolition agreement
Model house demolition agreement refers to the agreement reached between the house demolition person and the demolished person on house demolition matters, so many people don't know what it looks like. Let's follow me to see the model house demolition agreement.
Model Agreement on House Demolition 1 1. Name and location of the project
Name of construction project: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Second, the basic situation of the house
1. Party B has the right to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Party B has _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. The property right of the demolished house belongs to _ _ _ _ _ _.
Third, the demolition and resettlement
The house where Party A places Party B is located in _ _ _ _ _ _ _ _
Fourth, compensation for demolition.
1. The monetary compensation amount of the house is RMB Yuan only;
2. The amount of compensation for attachments is RMB Yuan only;
3. The relocation fee is RMB Yuan only;
4. The relocation fee for facilities and equipment is RMB _ _ _ _ _ _ _ _ _ Yuan only;
5. Other expenses are RMB _ _ _ _ _.
Verb (short for verb) relocation
Party B shall move out of the vacated premises before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Time and method of paying compensation by intransitive verbs
Party A shall pay all the compensation stipulated in Article 4 of this Agreement to Party B in one lump sum before _ _ _ _ _ _ _ _ _ _ _ _ _.
Seven. cancel
Party B shall hand over the relevant house and land certificate to Party A before _ _ _ _ _ _ _ _ _ _ _.
Party B shall apply to the relevant departments for the transfer, transfer or cancellation of water, electricity, telephone, cable TV and natural gas in the house, and settle the water, electricity and gas expenses.
8. All members of Party B's family (/kloc-over 0/8 years old), such as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party A is not responsible for any family members of Party B, such as property division and disputes related to house demolition.
Nine. responsibility for breach of contract
If Party A fails to pay all expenses to Party B on the date stipulated in the contract, it shall pay liquidated damages to Party B at the rate of _ _ _ _% of the amount owed for each day overdue; If Party A fails to provide the house to Party B according to the location, area and level specified in this contract, it shall pay Party B a penalty of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
If Party B refuses to move out after Party A arranges the house according to the contract, Party A shall apply to the local real estate management department for moving out within a time limit. If Party B fails to move out within the time limit, it shall pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
X. representations and warranties
1. Party A is an enterprise legally established and existing, and has the right to sign and have the ability to perform this contract.
2. All procedures required for Party A to sign and perform this contract have been completed and are legal and effective.
3. At the time of signing this contract, no court, arbitration institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that may have a significant adverse impact on Party A's performance of this contract.
4. The internal authorization procedures required for Party A to sign this contract have been completed, and the signatory of this contract is the legal representative or authorized representative of Party A. After this contract comes into effect, it is legally binding on both parties. XI。 secret
Both parties promise to keep confidential the business secrets (technical information, business information and other business secrets) obtained from the other party that cannot be obtained through public channels. Without the consent of the original provider of the trade secret, one party shall not disclose all or part of the trade secret to any third party. Unless otherwise stipulated by laws and regulations or otherwise agreed by both parties. The confidentiality period is _ _ _ _ _ _ _ years.
If one party violates the above confidentiality obligations, it shall bear the corresponding liabilities for breach of contract and compensate the losses caused thereby. Twelve. force majeure
Force majeure as mentioned in this contract refers to unforeseeable, insurmountable and unavoidable objective events that have a significant impact on one party, including but not limited to natural disasters such as floods, earthquakes, fires and storms, and social events such as wars, riots and government actions.
If the contract cannot be performed due to force majeure, the party in force majeure shall immediately notify the other party of the accident in writing, and shall provide the details of the accident and the written information about the inability to perform the contract or the need to postpone the performance within _ _ _ _ _ _ _ _ _ _ _. After both parties agree, the contract shall be dissolved or temporarily postponed through consultation.
Thirteen. Notice; pay attention to
1. All notices required to be issued under this contract, document exchange between both parties and notices and requirements related to this contract must be in written form and can be delivered by _ _ _ _ _ _ _ (letter, fax, telegram, face-to-face delivery, etc.). ). If the above methods cannot be delivered, you can take the form of announcement.
2. The mailing addresses of all parties are as follows: _ _ _ _ _ _ _ _.
3. If one party changes its notice or mailing address, it shall notify the other party in writing within _ _ _ _ _ days from the date of change; Otherwise, the uninformed party shall bear the corresponding responsibilities arising therefrom.
Fourteen Handling of disputes
(1) This contract shall be governed by and interpreted in accordance with the law.
(2) Disputes arising from the performance of this contract shall be settled through negotiation by both parties, or mediated by relevant departments; If negotiation or mediation fails, it shall be settled in the following _ _ _ _ _ _ _ way:
1. Submit to the Arbitration Commission for arbitration;
2. Bring a lawsuit to the people's court according to law.
Fifteen. explain
The understanding and interpretation of this contract should be based on the purpose of the contract and the original intention of the text. The title of this contract is only for the convenience of reading and shall not affect the interpretation of this contract.
Sixteen. Supplements and annexes
Matters not covered in this contract shall be implemented in accordance with relevant laws and regulations. Where there are no provisions in laws and regulations, both parties may reach a written supplementary agreement. The annexes and supplementary agreements of this contract are an integral part of this contract and have the same legal effect as this contract.
Seventeen. Contract validity
This contract shall come into effect as of the date when both parties or their legal representatives or authorized representatives sign and affix their official seals. The validity period is _ _ _ _ _ _ _ years, starting from _ _ _ _ _ _ _.
_ _ _ _ _ _ _ _ _ _ _ _ _ _. The original contract was made on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A (seal) _ _ _ _ _ _
Authorized representative (signature) _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _
Party B (Seal) _ _ _ _ _ _
Authorized representative (signature) _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _
2. Model House Demolition Agreement of the Demolition Person (hereinafter referred to as Party A)
Remover (hereinafter referred to as Party B)
According to the relevant provisions of the Civil Code of People's Republic of China (PRC) and the Land Administration Law, the two parties reached the following agreement on the compensation for demolition on the principle of equality and voluntariness:
1. Information of the relocated people: At present, Party A has * * * family members, namely (male) and (female).
2. Information of the demolisher: Party B has obtained the qualification certificate of the demolisher according to the relevant laws of China, and Party B promises to reach an agreement with Party A on the demolition compensation according to law.
3. Housing compensation: the current construction area of all houses owned by Party A is square meters, including the interior construction area of square meters and the pool construction area of square meters; Appraised by an appraisal agency with real estate appraisal qualification entrusted by both parties, the unit price of the house ownership is RMB per square meter, so the total value of the house ownership owned by Party A is RMB.
4. Land compensation: the land occupied by Party A's current house is * * * square meters, of which, Party A has exclusive land use rights of square meters, and Party A and others have land use rights of square meters; Appraised by an appraisal agency with real estate appraisal qualification entrusted by both parties, the unit price of the land use right is RMB per square meter, so the total value of the land use right owned by Party A is RMB.
5. Other compensation: Considering that Party A has lived here for a long time, moving out of the house will bring a lot of inconvenience to Party A, and based on the principle of reward compensation, Party B promises to pay the following compensation to Party A in addition to house compensation and land compensation:
(1) Telephone number change fee:
(2) Cable TV installation fee:
(3) Transportation expenses:
6. Payment method of compensation: According to the agreement of both parties, Party B will pay compensation to Party A in RMB * * *, and Party B promises to pay all compensation to Party A's bank account: previous bank account.
7. Prohibited behavior: Considering Party A's weak position, Party B promises that it will never take any behavior that affects Party A's normal life, such as water cut, power cut and heating stop, before both parties reach an agreement, otherwise Party B will pay Party A a compensation of 100 yuan per day.
8. Dispute settlement: Any dispute between the two parties will be submitted to Beijing Arbitration Commission for settlement.
9. Others: This Agreement is made in sextuplicate, each party holds three copies, and Party B submits one copy to the housing management department.
Removed person (hereinafter referred to as Party A)
Remover (hereinafter referred to as Party B)
Date, year and month
Date, year and month
What are the precautions for signing the compensation agreement for house demolition?
1. Check whether the subject of the contract is legal. Must sign a demolition agreement with the demolition person, and have legal personality, otherwise the signing of the contract will face the risk that the subject is unclear and unable to bear legal responsibility. For example, institutions such as demolition headquarters and demolition offices have no legal personality. If you tear it down, you can't find it, let alone the future performance.
2. Contract. The main terms and conditions should be clear. Many people who have been demolished are experiencing demolition for the first time. They have no experience in how to agree on the details of the contract, and the contents of the frequently signed contracts are not clear, which leads to trouble in future performance. The more important and clear contents in the demolition agreement are:
(1) The total amount of compensation and the specific details of various compensation contents are particularly important if the factory building is leased, which involves the determination of the compensation share for future demolition.
(2) Payment time and compensation method.
(3) The area, specific location and land nature of resettlement houses and resettlement land determine the location value of land, and whether the land nature is residential, industrial or commercial also directly determines the value of land. If there is no clear agreement in the contract, it is easy to have disputes in actual performance.
(4) If a supplementary agreement is signed, the contents of the compensation agreement must be legal and not inconsistent with the terms of the main contract. If there are major changes in the main contract, it must be clearly agreed, and the compensation agreement shall prevail.
Urban house demolition process
1, investigation and verification. After receiving the approval of land acquisition, the demolition must first copy the application form at the police station and the housing management office.
The population and real estate within the land should be registered one by one according to the form and verified door by door.
2. Make a collection decision. In order to safeguard national security, promote national economic and social development and other public interests, it is really necessary to levy houses, and the people's governments at the city and county levels shall make a decision on house expropriation.
3. Publish the solicitation announcement. Once the expropriation decision is made, the competent department of demolition shall announce the demolition person, the scope of demolition and the period of demolition. Through announcement or other forms, at the same time, do a good job in the publicity and interpretation of house demolition.
4. Demolition evaluation. The assessment institution selected by the demolisher shall measure and evaluate the houses within the scope of demolition, and make an assessment report.
5. Sign the agreement. Within the time limit stipulated in the announcement, the demolisher and the demolished person shall sign an agreement on a voluntary and paid basis in accordance with the provisions of the state and the local area on resettlement compensation. The agreement shall specify the compensation method and amount, the resettlement area and place, the relocation transition method and time limit, and the liability for breach of contract.
6, the implementation of demolition. After the demolition, the demolisher shall dismantle the vacated houses in time within the approved scope and time limit.
The Employer of Model House Demolition Agreement 3 (hereinafter referred to as Party A):
Contractor (hereinafter referred to as Party B):
According to the Contract Law of People's Republic of China (PRC), Regulations on Construction and Installation Contract, Regulations on Construction Project Contract and other relevant laws and regulations, and following the principles of equality, voluntariness, fairness and good faith, the following agreement is reached on labor services in the construction of this project through consultation between both parties:
Article 1: Project Overview
I. Project name:
Second, the project site selection:
Third, the project content:
Article 2: Scope of Contract
I. Within the scope
All buildings: (See attached drawings for the scope of demolition)
Two, the demolition of the housing listed in the appeal floor, the demolition to the outdoor floor is plus or minus 0.
Article 3: Construction Period
1. Date of entry: YY, date of completion: YY, date of completion.
2. The total construction period is months. According to Party A's relocation, one room will be vacated and one room will be demolished. In order to make the demolition project go smoothly, Party A shall deliver% of the total demolition amount to Party B within one month after the signing of the contract,% of the total demolition amount to Party B within two months, and the remaining demolition amount shall be delivered to Party B before.
Article 4: Contract Price, Payment and Settlement of Project Funds
I. Pay RMB/㎡ to Party A. ..
2. From the date of signing this contract, Party B shall pay Party A the first demolition payment of RMB10,000.00 Yuan.
3. When the project progress reaches%, the remaining buildings to be demolished shall be delivered to Party B before.
Article 5: Responsibilities of both parties
I. Party A's responsibilities:
1, responsible for water, electricity, gas, communication, etc. of the demolished houses.
2. Cooperate with Party B to coordinate all aspects.
3. Ensure the integrity of the buildings and structures to be demolished.
4, responsible for the supervision and inspection of the demolition of the construction site.
5. Responsible for the acceptance of demolition plots.
Two. Party B's responsibilities:
1. Enter the demolition site on time as required by Party A to ensure the smooth completion of the construction period.
2. Be responsible for the demolition, removal and cleaning of all buildings and accessories listed in this agreement.
3. All responsibilities and expenses such as accidents and administrative penalties caused by Party B shall be borne by Party B itself.
4. Prepare the demolition environmental protection scheme and safety construction scheme, adhere to civilized construction at the demolition site, arrange personnel to clean up the roads in and out of the construction site in time, and pile up recycled materials in strict areas. It is forbidden to pile up any materials on roads and passages.
Article 6: Liability for breach of contract
1. If Party A delivers the construction site within the time stipulated in the contract, and Party B fails to complete the demolition task within the time stipulated in the contract, it will be fined 5,000 yuan/day for each day of delay.
Article 7: Safe construction
1. Party B shall take strict safety protection measures in accordance with relevant regulations, and bear the responsibility for accidents caused by its own ineffective safety measures and the expenses arising therefrom.
Second, machinery and personnel should be insured before entering the site. The insurance premium is considered in the quotation, and Party A will not pay it separately. Party B shall abide by all rules and regulations of the construction site, and be responsible for all safety accidents caused by Party B. ..
Three. In case of major accidents, Party B shall immediately report to relevant departments and notify Party A's representative according to relevant regulations. At the same time, according to the relevant requirements of the government.
4. Before Party B starts construction in power equipment, high-voltage lines, underground passages, inflammable and explosive areas and near main streets, Party A shall arrange professionals to cooperate.
Article 8: Disputes
Any dispute between Party A and Party B shall be settled through consultation for the purpose of friendly cooperation.
This contract is made in quadruplicate, each party holds two copies, and the signature and seal have the same legal effect.
Date of conclusion of this contract: year month day.
Employer: Contractor:
Address: Address:
Legal representative:
Authorized Agent: Authorized Agent:
Tel: Tel:
Model contract for house demolition
Employer (hereinafter referred to as Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Address: _ _ _ _ _ _ _ _ _ _ _ Postal code: _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Relocated households (hereinafter referred to as Party B): _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ Postal code: _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
According to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 1 Party B owns * * _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Renting public houses shall be based on the number of rented houses, and the public houses of units shall be based on the construction area of the houses to be demolished), and all of them shall be handed over to Party A for demolition (if Party B dismantles itself, Party A shall pay Party B the demolition fee). Party A is responsible for arranging housing for Party B before _ _ _ _ _ _ _ _ _ _ _.
Generally, Party A will allocate the corresponding investment and materials, tap the land potential, move by itself, or move within the area approved by the competent department of city planning administration) _ _ _ _ _ _ _ square meters (in principle, the resettlement house shall not exceed the original housing area, and Party B's original housing is too wide or rented,
At the time of resettlement, it should be appropriately compressed, but the compressed area should be compensated according to the provisions of the real estate management department; If Party B's original house is seriously crowded and inconvenient, it shall be given appropriate care according to its family population).
Article 2 Party B shall, before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 During the temporary turnover period, Party A shall subsidize Party B according to the following conditions:
1. Party B finds a house for turnover by itself, and subsidizes RMB yuan per person per month;
2. If Party B's work unit solves the problem that Party B's turnover house leads to the scattered family population, it will cost _ _ _ _ _ _ _ yuan per person per month;
3. If Party B uses Party A's simple house for turnover, it is rent-free during the turnover period. If there is no heating device in the simple revolving room, the heating fee will be subsidized by _ _ _ _ _ yuan per person per month in the heating season, and the monthly fee for public transportation will be subsidized according to the regulations.
Article 4 The house where Party A arranges Party B to stay is located in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 5. All members of Party B's family (18 years old or older), such as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party A is not responsible for any property division and inheritance disputes between family members of Party B related to house demolition.
Article 6 If Party A fails to pay all expenses to Party B according to the date stipulated in this contract, it shall pay liquidated damages to Party B at the rate of% for each day overdue (if Party A fails to allocate corresponding investment, materials and relocation land to Party B on time and in quantity, it shall pay liquidated damages to Party B at the rate of RMB yuan for each day overdue); If Party A fails to provide Party B with the house in the location, area and level specified in this contract, it shall pay Party B RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
If Party B refuses to move out after Party A arranges the house according to the contract, Party A shall apply to the local real estate management department for moving out within a time limit. If Party B fails to move out within the time limit, it shall pay a penalty of RMB Yuan to Party A for each day overdue, and Party A may bring a lawsuit to the people's court with jurisdiction. If Party B cannot move on time due to rainy days or other force majeure reasons, the time will be postponed, but Party A must be informed of the situation.
Article 7 Other agreements: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
This contract shall come into effect as of the date of signature by both parties. After the contract comes into effect, both parties shall not change or terminate the contract without authorization. If there are any matters not covered in this contract, both parties shall make supplementary provisions through consultation. Supplementary terms have the same effect as this contract. Disputes arising from the execution of the contract, which cannot be resolved through negotiation, can be submitted to the local real estate management department for mediation; If mediation fails, a lawsuit may be brought to the people's court.
The original of this contract is in duplicate, one for each party; A copy of this contract appears in the form of _ _ _ _ _ _ _ _ _ _ _
Employer (Party A): _ _ _ _ _ _ _ _ _ (official seal)
Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _
The relocated household (Party B): _ _ _ _ _ _ _ _ _ (seal)
Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _
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