Commissioning party (hereinafter referred to as Party A): Owner's Management Committee / Real Estate Development Company
Commissioned party (hereinafter referred to as Party B): Property Management Company
According to the "Chinese People's Republic of China *** and the State Law on Economic Contracts" into the Ministry of Construction, Decree 33, "the management of the city's newly constructed residential district", "Shenzhen Special Economic Zone residential district", "Property Management Regulations" and its implementation rules and other national and local laws, regulations and policies relating to property management. Property Management Regulations" and its implementation rules and other national and local laws, regulations and policies relating to property management, on the basis of equality, voluntariness and consensus, Party A entrusted Party B to (name of the property) the implementation of specialized, integrated property management to enter into this contract.
Article I. Basic information on the property
Location: City Road (street) No.; area: square meters; floor area: square meters; of which residential square meters; type of property: (residential area or group, office, commercial and residential buildings, industrial area, other/low-rise, high-rise, super-high-rise or mixed).
Article 2: Entrusted management
1. Repair, maintenance and management of the *** use parts of the building (building cover, roof, beams, columns, internal and external walls and foundations and other load-bearing structural parts, external wall surfaces, stairs, corridors, foyers, equipment rooms,).
2. Repair, maintenance, management and operation services for the facilities and equipment of the housing building itself (water and sewage pipes, downpipes, garbage tracts, chimneys, lighting, antennas, central air-conditioning, heating trunks, heating boiler rooms, pressurized water supply equipment, power distribution systems, fire fighting facilities and equipment in the building, elevators, and water systems, etc.).
3. Repair, maintenance and management of municipal utilities (roads, outdoor water and sewage pipes, septic tanks, ditches, pools, wells, landscaping, outdoor pumping stations, street lights, bicycle sheds, parking lots) within the red line of the planning of the property, which are under the scope of property management.
4. Repair, maintenance and management of ancillary service facilities (tennis courts, swimming pools, commercial outlets,) within the red line of the property plan.
5. Public **** environment (including public **** site, housing buildings **** with parts) of the cleanliness, garbage collection, transportation.
6. Traffic, vehicle movement and parking.
7. Cooperate with and assist the local public security organs to carry out security monitoring and patrol and other security work, (but does not include personal and property insurance custody responsibility).
8. Community cultural and recreational activities.
9. Property and property management files and information;
10. Other matters stipulated by regulations and policies to be managed by the property management company;
Article III Term of the Contract
The term of this contract shall be for years. It shall commence on January, year and end on January, year.
Article IV Rights and Obligations of Party A
1. Agree with the property management company on the annual management plan, annual cost budget, final report;
2. Supervision and inspection of Party B's management implementation, a comprehensive assessment and evaluation every year, such as the Party B's mismanagement, resulting in significant economic losses or management errors, as determined by the municipal government property management department. Have the right to terminate the contract;
3. Entrust Party B to deal with violations of property management regulations and policies and owners' covenants: including ordering the cessation of unauthorized acts, requiring compensation for economic losses and payment of liquidated damages, and taking measures such as stopping the water supply, power supply, etc. to call for payment and correction of measures;
The property management department of the municipal government has the right to terminate the contract;
3. Party A in the contract within days of the date of entry into force in accordance with the provisions of Party B to provide operating commercial premises square meters, by Party B at a monthly rate of yuan per square meter rental operation, and its income in accordance with regulations and policies for subsidies for the maintenance and management costs of the property.
5. Party A shall provide Party B with square meters of management rooms (including square meters of office rooms, square meters of staff dormitories and square meters of other rooms) within days from the date of the commencement of the contract in accordance with the government regulations, and Party B shall use them according to the following items:
1) free of charge.
② Rented per square meter of floor space per month at the rate of yuan.
6. Party A shall provide Party B with all the property and property management files and information (construction completion information, resident information,) within one day from the effective date of the contract, and shall provide Party B with all the property and property management files and information (construction completion information, resident information,) within one day from the effective date of the contract. And to be recovered at the expiration of Party B's management period;
7. shall not interfere with Party B's management and business activities in accordance with the law or in accordance with the provisions of this contract;
8. is responsible for dealing with all kinds of disputes arising from non-Party B;
9. to assist Party B to do a good job of property management and publicity, education and cultural activities;
10. laws and regulations and policies stipulate that Party A shall bear other responsibilities. Party A to assume other responsibilities.
Article V Rights and Obligations of Party B
1. In accordance with the relevant laws, regulations and policies and the provisions of this contract, to formulate the property management methods, rules and regulations, implementation details, and independently carry out the management and operation activities, but shall not be detrimental to the lawful rights and interests of the majority of the owners (occupants), to obtain undue benefits.
2. In compliance with the national and local regulations on property management service charges, according to the service items of property management, service content. Service depth, measured property management service charges, and provide Party A with the basis of measurement, strictly in accordance with the contractual charges, no unauthorized price increases, not only charges without service or more charges for less service.
3. It is responsible for the preparation of annual maintenance and repair plans for housing and ancillary facilities and equipment, and major and medium-sized repair programs, which will be organized and implemented by Party B after agreed by both parties.
4. Have the right to deal with violations of the owners' covenant and property management regulations and policies in accordance with the regulations and policies, this contract and the owners' covenant;
5. Have the right to select and hire a company specializing in the special management of the property and pay the fees, but shall not be the overall management of the transfer of responsibilities and benefits to other people or units, and shall not be an important special business contracted to an individual;
6. Accept the supervision and guidance of the property management department and relevant government departments, and accept the Party and the owners of the supervision;
7. At least every three months to all owners of the management fees published a list of income and expenditure accounts of democracy.
8. The utilities of the property shall not be occupied without authorization and change the use of functions, such as the need to expand the property to improve the supporting projects, shall be reported to the Party and the relevant departments for approval before implementation;
9. Establishment of the property management files and is responsible for the property management files and is responsible for the timely recording of relevant changes;
10. Carrying out effective cultural activities in the community and public service work;
11. Upon termination of this contract, Party B must transfer to Party A all the properties originally entrusted to Party A and its various management files, financial and other information; transfer of the property's public **** property, including the use of management fees, public **** income accumulation of the formation of assets; the management of the property's financial status of the financial auditing, Party A has the right to designate a professional auditing organization.
12. Do not assume the obligation of custodial insurance of the owner and non-owner-user's person and property (except for another, specialized contract provisions
).
Article VI Management Objectives
Party B, according to Party A's entrusted management matters to develop the property "management sub-standards" (the repair, maintenance and management of the work standards and assessment standards), and Party A agreed as a necessary annex to this contract. Party B undertakes to meet the management standards within one year after the entry into force of this contract; to meet the management standards within one year and to obtain the certificate issued by the competent government departments.
Article VII Management Service Fee
l?The management service fee of the Property shall be executed according to the following item:
① Collected from the owner (occupant) according to the standard stipulated by the government, i.e., RMB per square meter of floor area per month
② Collected from the owner (occupant) according to the standard negotiated by the two parties, i.e., RMB per square meter of floor area per month;
3) Collected from the owner (occupant) according to the standard negotiated by the two parties, i.e., RMB per square meter of floor area per month;
3) Paid by Party A pays Party B directly according to a uniform standard, i.e., per square meter of floor space per year (month) yuan; payment period:; way:;
2. Management service fee standard adjustment is implemented in accordance with the following items:
①Adjustment of the standards set by the government;
②upward adjustment of the rate of % per annum;
3rd annual downward adjustment of the rate of %;
④Adjustment of the rate of % per annum published by the local government;
4. ④Adjusted according to the rate of price increase or decrease announced by the local government every year;
⑤Adjusted according to the standard agreed by both parties;
③ .
3. Party B's repair and maintenance of self-use parts of the house and self-use equipment of the property owner and user, and other special services, shall adopt the cost accounting method and charge according to the actual expenses incurred; however, Party A shall have the right to review and supervise Party B's aforesaid items and standards of charges.
4. The repair, maintenance and renovation of the *** same parts of the house building (body) and *** facilities and equipment for the maintenance, by Party B to propose a program, to be implemented by agreement between the two sides, and the required funds are paid in the maintenance fund of the body of the house in accordance with the regulations. The collection of the maintenance fund of the housing body implements the guiding standards of the property management department of the municipal government. Party A is obliged to urge the owners to pay the said fund and cooperate with the maintenance.
5. The special fund for the utilities of the property **** yuan, Party A is responsible for the time in place in accordance with the provisions of the regulations and policies, in order to protect the renewal and reconstruction of the utility facilities of the property and major maintenance costs.
6. The preliminary management expenses incurred by Party B in taking over the Property, amounting to RMB, shall be executed in accordance with the following items:
① Paid by Party A to Party B within days from the date of entry into force of the Contract;
② Borne by Party B;
③ Paid out of the expenses;
④ .
7. If the property is left vacant due to Party A's responsibility and the management cost is incurred, it shall be executed according to the following items:
① Party A shall bear all the management cost of the vacant property, i.e., RMB per square meter of floor area per month;
② Party A shall bear the abovementioned management cost at a rate of %;
Article VIII Incentives and Penalties
1. Party B shall pay all the management objectives stipulated in the contract to Party B within a certain period of time from the effective date of this contract;
② Party B shall bear the costs;
3. Party B fully completes the management objectives specified in the contract, Party A will reward Party B under the following circumstances;
2. Party B fails to complete the management objectives specified in the contract, Party A will penalize Party B under the following circumstances:
3. After the expiration of the contract period, Party B can take part in Party A's management bidding and will be given priority to obtain the right of management under the same conditions, but according to the laws and regulations and policies or the competent departments are disqualified from bidding or are given priority to obtain the right of management. Except for the disqualification of bidding or priority management according to the regulations and policies or the competent department's regulations. Party B can renew the contract directly without participating in bidding if Party B has fully completed the contract responsibilities and has excellent management performance, which is well reflected by most of the owners. Article 9 Liability for breach of contract
1. If Party B fails to complete the specified management objectives or directly causes Party B's economic loss due to Party A's reasons, Party A shall give Party B the corresponding compensation; Party B has the right to request Party A to rectify the situation within a certain period of time and has the right to terminate the contract.
2. If Party B fails to accomplish the management objectives or directly causes Party A's economic loss due to Party B's reasons, Party B shall give Party A corresponding compensation. Party A has the right to request Party B to rectify the situation within a certain period of time, and has the right to terminate the contract.
3. Party A shall be responsible for the major accidents caused by the quality of housing construction or facilities and equipment or installation technology of Party A. Party A shall be responsible for the aftermath of the accidents and be in charge of the aftermath of the accidents. Due to Party B's poor management or improper operation and other reasons causing major accidents, Party B shall be responsible for and be responsible for the aftermath. (The direct cause of the accident, to the government departments of the identification of the conclusion shall prevail) 4. A, B both sides, if you take unfair competition to obtain the right to manage or cause the other party to lose the right to manage, or cause the other side of the economic loss, should bear full responsibility.
Article X Other Matters
1. Both parties may revise the terms of this contract or supplement it by signing a supplementary agreement in writing, which shall have the same effect as this contract.
2. This contract shall be naturally terminated upon the expiration of the management period stipulated in the contract, and both parties shall submit written opinions to each other six months prior to the expiration of such contract if the contract is renewed.
3. During the implementation of this contract, in the event of force majeure, resulting in the contract can not be performed, both parties shall not be liable for breach of contract and in accordance with the relevant laws and regulations and policies in a timely manner to deal with consultation.
4. This contract in the fulfillment of the dispute, the two sides should be resolved through consultation, consultation fails, the competent authorities of the property management to mediation, mediation fails, submitted to the Shenzhen Municipal Arbitration Commission in accordance with the law.
5. The annexes to this contract are valid parts of the contract; this contract and its annexes, the words filled in the blanks and the printed word have the same effect.
Matters not stipulated in this contract, its annexes and supplementary agreements shall be implemented in accordance with the relevant laws, regulations and policies of the People's Republic of China.
6. The original of this contract together with the annex *** one page, in triplicate, A, B and the property management department (for the record), each of which has the same legal effect.
7. This contract shall take effect from the date of signing.
Signature of Party A: Signature of Party B:
Legal Representative: Legal Representative:
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