Attached files
| file | filename |
|---|---|
| S-1 - China Kangtai Cactus Bio-tech, Inc. | v191885_s1.htm |
| EX-5.1 - China Kangtai Cactus Bio-tech, Inc. | v191885_ex5-1.htm |
| EX-23.1 - China Kangtai Cactus Bio-tech, Inc. | v191885_ex23-1.htm |
| EX-10.37 - China Kangtai Cactus Bio-tech, Inc. | v191885_ex10-37.htm |
| EX-10.36 - China Kangtai Cactus Bio-tech, Inc. | v191885_ex10-36.htm |
| EX-10.32 - China Kangtai Cactus Bio-tech, Inc. | v191885_ex10-32.htm |
Asset
Purchase Agreement
Of
Land Use Right
Party A
: The People's Government of Baisha Town Taishan City
Party B:
Harbin Hainan Kangda Cacti Hygienical Foods Co., Ltd
Article
1. According to “Provisional Regulation of PRC Concerning the Transfer of the
State-owned Land Use Right in Urban Areas” and the relevant national and local
provisions. On the basis of equality and voluntarily through friendly
consultations, the two parties enter into this agreement.
Article
2. Party A transfers the land use right in accordance with terms and conditions
as specified in this Agreement and relevant laws. The land belongs to People’s
Republic of China, and underground resources and buried objects are not included
in the scope of the land use right transfer.
Article
3. Party B purchases the land use right according to the Agreement. Party B can
transfer, lease, or mortgage the land or use the land for other economic
activities during the duration, which is protected by laws. However, Party B
shall not do what is forbidden by laws of China, and Party B is obliged to
develop, utilize and protect the land.
Article
4. The land transferred to Party B is located in Langbei Village, Baisha Town,
Taishan City, Guangdong Province covering an area of 181,854 square
meters.
Article
5. The duration of the land use right under the Agreement is 50 years starting
from the date on which the “Certificate for the Use of State-owned Land in
P.R.C” is granted.
Article
6. The approved use plan of the transferred land under the Agreement is to
construct the cactus planting base and promote special agricultural tourism
project.
Article
7. If party B needs to change the land use plan specified in this Agreement
during the duration, party B shall obtain the consent of party A, and two
parties shall sign a new Land Use Right Transfer Agreement, and to readjust the
transfer price and to have a new registration.
Article
8. Party B agrees to pay the purchase price, land use fee, and also agrees to
pay land value increment tax and relevant land tax if Party B transferred the
land to any third party.
Article
9. The purchase price of the transferred land is RMB 365 Yuan per square meter
with the total amount of RMB 66,376,800 Yuan.
Article
10. Within 30 days from the date of the Agreement, Party B should pay 30% of the
total purchase price, which is RMB 19,913,040 Yuan, and Party B should pay off
the purchase price within 90 days after the execution of this
Agreement.
Article
11. Within 15 days after Party B pays off the purchase price, the title should
be changed to Party B and Party B shall obtain the new “Certificate of the Use
of State-owned Land in P.R.C”.
Article
12. Party B should wire the first payment of the purchase price to the bank
account designated by Party A on or before the date specified in the
agreement.
Article
13. Party A has the right to take back the land and obtain buildings and other
annexes on the land upon the expiration date. Party B shall return the land use
right certificate and cancel the title of the registration according to relevant
provisions.
Article
14. In the event Party B needs to continue to use the land upon the expiration
date, Party B should apply to renew the agreement 30 days before the expiration
date with Party A.
Article
15. In the duration of this agreement, under some special occasions or for the
demand of social public interest, Party A can take back the use right of
transferred land in accordance with legal procedures, and offer corresponding
compensation to Party B according to the practical serviced life of the land and
actual situation of development and investment on the land.
Article
16. In the event one party fails to implement the agreement for the reason of
force majeure, the party should take all necessary remedial measures against
losses caused by force majeure.
Article
17. In the event any party fails to fulfill the obligations as specified in this
Agreement, the party should be responsible for the breach of this
agreement.
Article
18. In the even Party B can’t use the land due to Party A’s fault, Party A
should compensate Party B a penalty of 3% of the purchase price paid by Party
B.
Article
19. In the event Party B does not construct on the land according to the use
plan, Party B should pay a penalty of 3% of the purchase price. If Party B does
not invest or construct anything on the land for two consecutive years, Party A
is authorized to take back the land without compensation.
Article
20. In the event Party B can not pay any payables (except the purchase price) on
time, Party B should pay the penalty of 0.5％of the payable fee
each day.
Article
21. The signing, validity, explanation, fulfillment and settlement of disputes
of this agreement are under the protection of the PRC law and subject to the
jurisdiction of the PRC.
Article
22. Any disputes arising out of or relating to this Agreement must be resolved
by negotiation. In the event the parties are unable to resolve the disputes
through negotiation, the both parties agree to apply for arbitration with the
arbitration committee (If the two parties do not appoint an arbitration
institution, and will not reach a written arbitration agreement after disputes
arose, any party can bring an action to People's Court.).
Article
23. The Agreement becomes effective after legal representatives of the two
parties (or authorized agents) sign and stamp on it. This Agreement shall be
executed in two originals, each party keep one.
Article
24. This Agreement may be amended or modified in writing duly and validly
executed by both parties. Any amendment or modification shall have the same
force and effect as this Agreement.
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Party
A :
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Party
B :
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Representative
:
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Representative:
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Date:
August 25th, 2009
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Date:
August 25th, 2009
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