1、北京市预售商品房买卖合同英文版EX-10.21 4 d302819dex1021.htm ENGLISH TRANSLATION OF FORM OF REAL PROPERTY PRE-SALE CONTRACT EXHIBIT 10.21 BF20050116Contract No: Y1056372Beijing Commodity Real Property Pre-sale Contract (for non-residential real property intended for commercial/office use) Seller: Beijing Fangheng L
2、and Co., Ltd. Buyer: AutoNavi Software Co., Ltd. No. of Pre-sale Permit: Jing Fang Shou Zheng Zi (2010)No. 179 Name of Project: Focus Square Location: Room 1615, 13/F, Building Complex A3, Section A, Plot # 6-10, Zone B, Wangjing New City, Chaoyang District Beijing Municipal Commission of Housing an
3、d Urban-Rural Development Beijing Municipal Administration for Industry and Commerce Printed on: September7, 2010 1 Special Notes: The commodity real property you intend to purchase is planned for office use for a tenure of fifty (50)years, the land covered by which is for comprehensive use (type of
4、 land). The seller shall construct and put on sale the real property in compliance with the conditions under the Construction Project Planning Permit issued by the competent authorities of planning administration, without making unauthorized alterations. In the course of using the real property, the
5、 buyer shall not change its intended use, main architectural structure or load-bearing structure without authorization. Should the seller sell the real property intended for office use as a residential estate without the approval of the planning authorities, the buyer would exposure to risks in term
6、s of property ownership, municipal infrastructure, taxation and public security etc. Please DO NOT purchase any of such real property. 2 Notes 1.This Beijing Commodity Real Property Pre-sale Contract is a model contract, jointly formulated by the Beijing Municipal Commission of Housing and Urban-Rur
7、al Construction and the Beijing Municipal Administration for Industry and Commerce, and could be used as a standard form pre-sale contract with respect to non-residential estate for commercial/office use. 2.The seller shall, prior to the signing of this Contract, present to the buyer the Commodity R
8、eal Property Pre-sale Permit and other relevant certificates/supporting documents. 3.This contract shall be executed by the parties concerned based on the principles of voluntariness, equity and good faith. Neither party may impose his own will on the other party. The parties concerned may amend, su
9、pplement and delete the clauses herein contained. Upon the effectiveness of this Contract, the printed contents that are not amended shall be deemed as the agreed covenants between the parties concerned. 4.Prior to the signing of this Contract, the buyer shall carefully read the provisions herein co
10、ntained, and shall pay particular attention to sections that are optional or subject to supplement, completion or amendment. 5.In conformity to the principle of voluntariness, blank lines are left at the end of relevant clauses herein for discretionary or supplementary agreement between the parties.
11、 With respect to matters that are not covered hereunder or are not specified in detail, the seller and the buyer may, in the light of the specific situations of the project on sale, either enter into a fair and reasonable supplementary agreement, or fill in blank lines with additional provisions sup
12、plementary to the relevant clauses. 6.Contents within the brackets that are optional, those to be filled in the blank lines and those subject to deletion or addition shall be decided by the parties upon consultation. Contents within the brackets that are optional shall be marked with “”. Where the a
13、greed circumstances are in disparity with reality or the parties agree not to make provisions hereunder, it shall be marked with “x” in blank lines, which means that such contents are deleted. 7.In the case of any dispute arising out of the performance hereof, either party may file a lawsuit in the
14、Peoples Court where the commodity estate is situated or refer it to an arbitration commission for arbitration. In the case of arbitration, the dispute may be referred to the Beijing Arbitration Commission, the China International Economic and Trade Arbitration Commission or an arbitration commission
15、 outside Beijing. 8.The parties concerned may decide the number of the originals of this Contract based on the actual situations. Before the contract is executed, both parties shall carefully read and ensure that every copy of this contract is the same as each other. In any case, the buyer shall kee
16、p at least one original of this Contract. 3 Beijing Commodity Real Property Pre-sale Contract Seller: Beijing Fangheng Land Co.,Ltd. Correspondence Address: No.18, Dasheng Road, Miyun Industrial Development Zone, BeijingPostal Code: 101500Registration No. of Business License: 110000001708054(2-1)No.
17、 of Enterprise Qualification Certificate: Jian Kai Qi 2007 No. 586Legal Representative: Yang WenhuaPhone Number: Authorized Agent: Wu LiPhone Number: Authorized Sales Agency: Beijing Qunlida Real Estate Brokerage C., Ltd.Correspondence Address: 3032, Zifeng Tower, No. 1, Dayabao Valley, Dongcheng Di
18、strictPostal Code: 100730Registration No. of Business License: 110101008843197No. of Enterprise Qualification Certificate of the Authorized Sales Agency: Jing Jing JI (2005) No. 3538Name of Sales Agent: An NaNo. of Qualification Certificate of the Commodity Estate Sales Agent: Jing Jian Xiao 18230Bu
19、yer: AutoNavi Software Co., Ltd.Legal Representative: Hou JunNationality: No. of Business License: 11000003277298Date of Birth: Y/M/DGender: 4 Correspondence Address: 18/F, South Tower, Daheng Science and Technology Building, No. 3, Suzhou Street, Haidian District, BeijingPostal Code: 100080Phone Nu
20、mber: Agent: Authorized Agent: Gao JieNationality: Chinese ID Card: Date of Birth: Gender: Correspondence Address: 18/F, South Tower, Daheng Science and Technology Building, No. 3, Suzhou Street, Haidian District, BeijingPostal Code: 100080Phone Number: In accordance with the Contract Law of the Peo
21、ples Republic of China, the Law of the Peoples Republic of China on Administration of Urban Real Estate, the Administrative Measures of Beijing Municipality on Urban Real Estate Transfer and other relevant laws and regulations, the Seller and the Buyer hereto reach the following agreement with respe
22、ct to the pre-sale of commodity real property based on the principles of equality, voluntariness, fairness and consensus. Article I Basis for Project Construction The Seller has acquired the state-owned land use rights over the plot located in the Chaoyang District by means of transfer. The number o
23、f the Certificate for Use of State-owned Land in respect of such plot is: Jing Chao Guo Yong (2004 Chu) No.0674. The plot covers an area of 6,504.9m2, intended for comprehensive use, land use rights pertaining to which shall be effective from August29, 2004 to August28, 2054. The transfer contract o
24、f state-owned land use rights concerning such plot is numbered Contract No.: Jing Di Chu He (2004)No.782, under which the land where the commodity real property to be purchased by the Buyer (hereinafter referred as the “Commodity Real Property”) is located is planned for comprehensive purposes for a
25、 period from August29, 2004 to August28, 2054. Upon approval, the interim name of the Commodity Real Property to be built by the Seller on the above mentioned plot is Focus Square. The Construction Planning Permits are numbered: 2006 Gui Jian Zi No.0238, 2008 Gui Fu Han Zi No.0013 and 2010 Gui Fu Ha
26、n Zi No.0110. The number of the Construction Work Permit is 2006 Shi (Chao) Jian Zi No.0120. The construction commencement and completion dates provided in the Construction Contract are June30, 2006 and October5, 2010, respectively. 5 Article II Legal Basis for Pre-sale The Commodity Real Property h
27、as been approved by the Beijing Municipal Commission of Housing and Urban-Rural Development for pre-sale, with a Pre-Sale Permit numbered Jing Fang Shou Zheng Zi (2010)No.179. Article III General Information The Commodity Real Property is located at Room 1615, 13/F, Building Complex A3, Section A, P
28、lot #6-#10, Zone B, Wangjing New City, Chaoyang District. The main architectural structure of the building comprising the Commodity Real Property is reinforced concrete structure. The building has 39 floors, including 36 aboveground and 3 underground. The Commodity Real Property shall be Room 1615 l
29、ocated on the 13th floor of A3 Complex Building in the project described in Article above, with the room number (for temporary use only) subject to the final approval of the authorities of public security administration. The layout of this Commodity Real Property and its location plan in the entire
30、building shall be attached hereto as Appendix I. This Commodity Real Property is used for office purposes, of a floor height of 3.7 meters, and in the case of a pitched floor, a net height of x meters minimally and x meters maximally. The direction of this Commodity Real Property is towards southwest. There are 0 balconies, of which 0 is closed and 0 is open. The surveying and mapping institute appointed by the Seller is Beijing Jinfang Xingye Surveying and Mapping Co., Ltd. whic
