Exhibit 10.11
Agreement for House Lease / Advance Lease Trade House in Shanghai
(Agreement No.:)
Both Parties of this Agreement:
Lessor (Party A): Xxx, Xxxx-Xxx
[ ]Lease[ ]
Lessee (Party B):
Advance Lessor (Party A): Kid Castle Educational Corporation
[ ]Advance Lease [ ]
Advance Lessee (Party B):
In accordance with the "Agreement Law of the People of Republic of China" and
the "Ordinances of House Lease in Shanghai", abbreviated as the stipulations of
the "Ordinances", both parties, on the basis of equality, volition, fairness,
honesty and credibility, and through identical negotiation, sign this Agreement
of the fact that Party B leases trade house (house / trade house) which can be
leased (leased / advance leased),
1. Situation of Lease or Advance Lease House
1-1 The house that Party A leases to Party B is located at Room 22D, No.
(intentionally blank), Alley 0000, Xxxxxxx Xxxx, Xxxxx Xxxx (hereinafter
abbreviated as "this House")
The building area of this House lease and real measurement ([ ]lease[ ]real
measurement) is 166.70 square meters. The purpose of this House is for
accommodation, the type of this House is a new workshop, and the structure is
three rooms and two living rooms. Please see the flat blueprint in Appendix (1)
of this Agreement. Party A has presented to Party B:
1) [ ] Lease [ ] Real estate ownership certificate / Real estate ownership
certificate; Certificate No.: Hu-fang-di-pu-tzu (2002) No. 028875
2) [ ] Advance Lease [ ] Advance sale permit certificate [ ] Permit
certificate no.: [ ]
1-2 Party A is the real estate obligee (real estate obligee) of this House
establishes the lease relationship with Party B. Before signing this
Agreement, Party A has notified Party B that this House has not (has not)
been mortgaged.
1-3 Party A and Party B have listed the use range, terms and requirements of
the public or proper location of this House, the current decoration,
auxiliary equipment, equipment status, the content, standards and necessary
matters concerned, that Party A agrees Party B to renovate, and set the
support equipment, in Appendix (2) and (3) of this Agreement. Party A and
Party B have agreed these appendices as the examination basis when Party A
hands over this House and when this Agreement terminates, Party B returns
this House to Party A.
2. Purpose of Lease
2-1 Party B promises Party A that leasing this House is for accommodation and
complies with the stipulations of house use and realty management in this
country and this city.
2-2 Party B guarantees not to alter the use purpose agreed in the last clause
without authorization, before obtaining the written agreement of Party A and the
approval of the department concerned within the lease term.
3. Handover Date and Lease Term
3-1 Party A and Party B have agreed that Party A shall hand over this House to
Party B before
November 30, 2002. The house lease term of [ ]lease[ ] commences from December
1, 2002 to November 30, 2004. The house lease term of[ ] advance lease[ ]
commences from the date of signing handover document for using the advance
lease trade house to (intentionally blank) (mm / dd / yyyy).
3-2 When the lease term has expired, Party A has rights to reclaim this House
and Party B shall return it as scheduled. If Party B needs to continue renting
this House, Party B shall present the written requirement for renewing the lease
to Party A one month prior to the expiry of the lease term. After obtaining the
agreement of Party A, both parties shall re-sign another lease agreement.
4. Rental, Payment Method and Term
4-1 Party A and Party B have agreed the rental for this House is (intentionally
blank) dollar(s) per square meter of the building area of this House.[ ]Lease
[ ] he total monthly rental is RMB 5,500 (capitalization: FIVE THOUSAND AND
FIVE HUNDRED RMB [ ].[ ] Advance Lease[ ] the monthly rental is calculated on
the basis of the building area actually measured in the handover use document
of the advance lease trade house of Party A and Party B.
The rental of this House has no alteration within two years. Both parties can
carry out adjustment of the rental through negotiation from the third year. As
for the matters for adjustment, Party A and Party B make agreement in the
supplementary articles.
4-2 Party B shall pay Party A the rental before the (intentionally blank) day of
each month. Party B shall pay a penalty, 2% of the daily rental for each overdue
day.
4-3 The payment method of Party B is as follows: Party B shall pay the rental
once per two months, total ELEVEN THOUSAND RMB. (The following is intentionally
left blank.)
5. Deposit and Other Expenses
5-1 Party A and Party B have agreed that when Party A hands over this House,
Party B shall pay Party A the deposit for the house lease. The deposit is the
rental of one month, equal to FIVE THOUSAND AND FIVE HUNDRED RMB.
After collecting the deposit, Party A shall issue the collection receipt for
Party B.
When the lease relationship terminates, the deposit for the house lease that
Party A collects, apart from for the expenses that Party B shall pay, the
remaining shall be returned to Party B without interest included.
5-2 Within the lease term, Party B (Party B) shall be obligated for the
expenses, such as water, electricity, gas, communication, equipment, realty
management, (intentionally blank), etc. Party B (Party B) shall be obligated for
the other expenses concerned.
5-3 The calculation, apportion, payment method and time of the above-mentioned
expenses that Party B (Party B) shall be obligated for: Party B shall be
obligated for the expenses from the first day of moving into this House. (The
following is intentionally left blank.)
6. Requirements for Using this House and Obligations for Maintenance
6-1 Within the lease term, when finding that this House or the auxiliary
facilities are broken or malfunctioning, Party B shall notify Party A to repair
in time. Party A shall carry out the maintenance within three days after
receiving Party B's advice. If those repairs are overdue, so that Party B cannot
enjoy the maintenance service, Party B can, on his own behalf, carry out the
maintenance and Party A shall be obligated for the expenses occurred.
6-2 Within the lease term, Party B shall properly use and take care of this
House and its auxiliary facilities. If the improper or unreasonable use by Party
B results in the damage, destruction or malfunction of this House and its
auxiliary facilities, Party B shall be obligated for the repair. If Party B does
not carry out the repair, Party A can, on his own behalf, carry out the repair
and Party B shall be obligated for the expense.
6-3 Within the lease term, Party A shall guarantee that this House and its
auxiliary facilities remain in normal, usable and safe condition. If Party A
needs to carry out the examination and
maintenance of this House, Party A shall notify Party B ten days in advance.
When the examination and maintenance is carried out, Party B shall cooperate.
Party A shall reduce the impact on the use by Party B of this House.
6-4 Apart from Appendix (3) of this Agreement, if the extra renovation or
installation of auxiliary facilities and equipment is needed, Party B shall
obtain the written agreement of Party A. In accordance with the regulations, for
those which need approval by the departments concerned, Party A shall (Party A /
Party A entrusts Party B) report to the departments concerned for approval of
the implementation. Party A and Party B make another written agreement for the
maintenance obligation of the auxiliary facilities and equipment that Party B
installs.
7. Status of this House Returned
7-1 Unless Party A agrees Party B to renew the lease, Party B shall return this
House within fifteen days prior to the expiry of the lease term. Party B shall
pay Party A ((intentionally blank) per square meter for each overdue day for the
use expense that this House is occupied during this period, without Party A's
approval for the delay of returning this House.
7-2 This House that Party B returns shall coordinate with the normal use status.
Party A shall examine this House when this House is returned. Both parties shall
settle their own obligated expenses.
8. Sublease, Transfer and Exchange
8-1 Unless Party A has agreed Party B to sublease in the supplementary articles
of this Agreement, Party B shall receive the written agreement of Party A in
advance within the lease term to sublease part or all of this House to others.
However, the same house for accommodation cannot be separated for sublease.
8-2 When subleasing this House, Party B shall make a written sublease agreement
with the sublessee and register at the zone, or county, real estate transaction
center, or the farm system processing division, where this House is located, in
accordance with the regulations.
8-3 Within the lease term, when transferring the lease of this House to others,
or exchanging this House with the house that others rent, Party B shall obtain
the written agreement of Party A. After the transfer and exchange, the
transferee or exchangee of the lease right of this House shall sign the lease
main body alteration agreement with Party A to continue implementing this
Agreement. 8-4 Within the lease term, if selling this House is needed, Party A
shall notify Party B more than three months in advance. Party B, under the same
terms, has a preferential purchase right.
9. Termination of the Terms in this Agreement
9-1 Party A and Party B have agreed to terminate this Agreement within the
lease term if one of the following situations occurs. Both parties have no
obligations for the following situation.
(1) The land use right within the range occupied by this House is
withdrawn ahead of time;
(2) Due to the social public interests, this House is expropriated by
law;
(3) Due to the requirement of city construction, this House is, by law,
listed within the range that dismantling is permitted;
(4) This House is destroyed, catches fire, or is identified as a
dangerous house;
(5) Party A has informed Party B that this House was mortgaged before
the lease and now is penalized;
(6) (This is intentionally left blank.)
9-2 Party A and Party B have agreed that either party can give the other party
written notice of the termination of this Agreement if occurs one of the
situations which follow. The party which violates this Agreement shall pay the
other party a penalty according to___times of the monthly rental. If the paid
penalty is insufficient for the loss caused, the other party shall compensate
the difference between the penalty and the loss caused.
(1) If Party A does not hand over this House as scheduled, and still does not
hand over within seven days after Party B urges the notification;
(2) This House that Party A hands over does not comply with the regulations of
this Agreement and this results in failing to realize the purpose of the lease;
or imperfection existing in this House that Party A hands over endangers the
safety of Party B;
(3) Party B does not obtain the written agreement of Party A for altering the
purpose of this House, which results in the destruction of this House;
(4) The reasons caused by Party B lead to the structural damage to the main body
of this House;
(5) Party B subleases this House, transfers the lease right of this House or
exchanges the leased house with others without authorization;
(6) The overdue unpaid rental of Party B has accumulated to more than the
monthly rental;
(7) (This is intentionally left blank.)
10. Obligations of Breaking this Agreement
10-1 When imperfection exists in this House handed over, Party A shall carry out
the repair within three days from the handover date. If this House is not
repaired as scheduled, Party A shall agree to reduce the rental and alter the
articles concerning the rental.
10-2 If Party A does not inform Party B that this House is mortgaged or the
ownership transfer has been limited before leasing this House, which results in
loss to Party B, Party A shall be obligated for the compensation.
10-3 Within the lease term, When Party A does not implement the obligation for
maintenance stipulated in this Agreement as scheduled, which results in the
destruction of this House, the financial loss to, or assault and battery of,
Party B, Party A shall be obligated for the compensation.
10-4 Within the lease term, when Party A terminates this Agreement without
authorization and reclaims this House ahead of time, which is not a situation
stipulated in this Agreement, Party A shall pay Party B the penalty calculated
on the basis of twice the daily rental, according to the days ahead of time. If
the penalty is insufficient to pay the loss of Party B, Party A shall be
obligated for the compensation.
10-5 If Party B renovates this House or installs auxiliary facilities, without
obtaining the written agreement of Party A or exceeding the range stipulated in
the written agreement of Party A, Party A shall ask Party B to restore this
House to its original status (restores this House to its original status /
compensates the loss).
10-6 Within the lease term, Party B terminates the lease without authorization
halfway, which is not a situation stipulated in this Agreement, Party B shall
pay Party A a penalty, (intentionally blank) times more than the rental of
termination days ahead of time. If the penalty is insufficient to pay the loss
of Party A, Party B shall be obligated for the compensation. Party A can deduct
it from the lease deposit. If the deposit is insufficient, Party B shall pay the
insufficient part.
10-7 Party A agrees that within the second year of the lease term, Party B can
inform Party A of the termination of this Agreement one month in advance, and
shall not bear the burden of any obligation for breaking this Agreement.
11. Other Articles
11-1 Within the lease, if Party A needs to mortgage this House, Party A shall
notify Party B by a written communication, and promises Party B that after this
House is mortgaged, the party involved agrees to deal with this House at a
discount, or sell this House. Party A shall inquire of Party B about the opinion
of this House thirty days prior to executing the above-mentioned methods. 11-2
This agreement comes into effect within one day from both parties signing. After
coming into effect 15 days, Party A shall be obligated to register at the zone,
or county, real estate transaction center, or farm system processing division,
for keeping on record, and collect the certificate for house lease registration
for keeping on record. After this Agreement has completed registration for
keeping on record, if this Agreement is altered or terminated, Party A (Party A)
shall
process the registration of alteration and termination at the original
registration organization within 15 days from this Agreement being altered or
terminated. If Party A does not process the house lease, alteration or
termination registration for keeping on record, Party A shall be obligated for
the lawful disputes caused by this.
11-3 If there are matters that this Agreement does not take care of, Party A and
Party B can make supplementary articles through identical negotiation. The
supplementary articles and appendix are inseparable parts of this Agreement. The
words filled in this Agreement, the supplementary articles and appendices, have
the same effectiveness as these types.
11-4 When Party A and Party B sign this Agreement, both parties become
acquainted with each party's rights, obligations and responsibilities, and
strictly implement in accordance with the regulations stipulated in this
Agreement. If one party breaks this Agreement, the other has rights to claim for
the compensation in accordance with the regulations stipulated in this
Agreement.
11-5 If a dispute occurs in the process of implementing this Agreement by Party
A and Party B, this shall be solved through negotiation. If the negotiation
cannot succeed, both parties agree to select one of the following methods for
solution:
(1) Submit to Shanghai Arbitration Committee for arbitration;
(2) Conduct a suit at a People's Court
11-6 This Agreement with the appendices is made in triplicate. Amongst these,
Party A and Party B each hold one copy. (Shanghai / (intentionally blank)Zone /
County) real estate transaction center or Processing Division, Farm Bureau, and
Shanghai Junhong Real Estate Agency Co., Ltd. each hold one copy separately.
Both copies have the same effectiveness.
11-7 Party A agrees to prepare a refrigerator, rice cooker and microwave oven
for the use of between three and six people, in the kitchen, a soft suite (sofas
+ tea table) in the living room, two televisions and two cabinets for
televisions (one suite is for the living room and the other is for a room), a
table for the use of six people (table + chairs), a clotheshorse for the use of
three people, six single beds, a bath suite, a heater in the public bathroom,
four air conditioners, three wardrobes and a shoe closet when handing over this
House to Party B.
11-8 Party A agrees that after Shanghai Junhong Real Estate Agency Co., Ltd.
provides Party B the invoices whose amount is equal to the house lease use,
Party B shall make the payment within 25 days of receiving the above-mentioned
invoices handed over by Shanghai Junhong Real Estate Agency Co., Ltd., who shall
hand over the payment to Party A within three working days of receiving this
payment. (The following is intentionally left blank.)
Lessor (Party A): Xxxxx, Xxx-Ping and Lessee (Party B): Kid Castle Educational
Xxx,Xxxxx Corporation
Nationality: PRC Nationality:
Legal Representative: Xxx, Xxxx-Xxx Legal Representative:
Registration Certificate / ID No.: Registration Certificate / ID No.:
310108570729443
Address: Xxxx 000, Xx. 00, Xxxxxx Xxxxx Xxxxxxx Address:
Zip Code: Zip Code:
Tel. No.: 00000000 Tel. No.: 00000000
Contract Representative: Contract Representative:
Signature and Seal Affixed: Signature and Seal Affixed:
Date of this Agreement: November 15, 2002 Date of this Agreement:
Location of Signing this Agreement: Meeting Room, Kid Location of Signing this Agreement:
Castle Educational Corporation
Name of Agency Organization: Shanghai Junhong Real Estate Agency Co., Ltd
Name of Agent: Zhong, Xxxx-Xxxx
Certificate No. of Agent: November 15, 2002
House Lease Agreement
A04092001A
Party A: (Lessor) Xu, Xx-Xxxxx
Party B: (Lessee): Kid Castle Educational Corporation
1. Party A leases Party B this House located in Xxxx 0, Xx. 000, Xxxxxxx Xxxx,
Xxxxxx Xxxx for accommodation.
2. Lease Term:
The lease term of this House is one year, from February 1, 2002 to January 30,
2003.
3. Rental of this House and Payment Method
Both parties have agreed that the monthly rental is one thousand three hundred
RMB. The payment method is: pay for one month and deposit of the monthly rental.
The deposit is one thousand and three hundred RMB. Within the lease term, Party
B shall not terminate the lease; otherwise the penalty will be deducted from the
deposit.
4. The rental of this House shall be paid on the first day of paying the
rental each time. Any excuse is not allowed. If Party B still does not pay
Party A the rental within ten days, after more than ten days, Party A has
rights to terminate this Agreement and to let others. Party A will ask the
receivables on demand and look into Party B's obligations for breaking this
Agreement.
5. Within the lease term, Party B shall be obligated for the expenses
concerning the renovation for this House (including the necessary expenses
of the departments concerned), expenses for water, electricity, telephone,
sanitary and security.
6. Within the lease term, Party B shall not put any stuff forbidden or make
some illegal things in this House and transfer the lease of this House to
others.
7. Safekeeping and Maintenance of this House
Party B shall be obligated for the maintenance and safekeeping of the leased
house and the equipment. Without Party A's approval, Party B shall not re-equip
and dismantle the main body structure of this House.
8. Obligations for Breaking this Agreement
Within the lease term, if one party terminates this Agreement, this party shall
notify the other party one month in advance. It comes into effect through the
approval of both parties. If breaking this Agreement, the party breaking this
Agreement shall compensate the economic loss for the other party. If a reason
that cannot be resisted, such as municipal transition, batch lease, etc., this
Agreement terminates automatically. The rental will be refunded in accordance
with the end date, a supplemental payment for any deficiency.
9. This Agreement is made in triplicate. Party A and Party B each hold one
copy and the witness holds one copy.
10. This Agreement comes into effect from signing and sealing this Agreement.
11. Note:
Party A: Xu, Xx-Xxxxx Party B: Xxxx, Xxxx-Fah Witness:
Certificate No. Certificate No.:
Tel. No.: 00000000 Tel. No.: 00000000
Kid Castle Educational Corporation
House Lease Agreement
Agreement No.: A041002032A
Party A (Lessor): Party B (Lessee): Kid Castle Educational Corporation
Party A and Party B have been through comprehensive negotiation to agree the
following matters concerning the real estate lease. This Agreement is made and
obeyed mutually.
Article 1
Party A leases this house, located in Xxxx 0, Xx. 00, Xx. 0000, Xxxxxxx West
Road, Shanghai, with its auxiliary garden (the use area of this House is 64
square meters; that of the small garden is 80 square meters) to Party B of his
own volition.
The fundamental status of the good equipment within this House: one shower, one
telephone, one flush toilet; no others.
Article 2
The lease term that Party A and Party B have agreed is two years, from July 1,
2002 to June 30, 2004. After the expiry of the lease, Party B has priority to
renew the lease of this House. Another agreement for this shall be made.
The monthly rental of this House is THREE THOUSAND RMB (capitalization). The
rental is settled once per two months. Party B shall pay the first-term rental
(equal to the rental of two months), SIX THOUSAND RMB (capitalization) when this
Agreement is made. After that, the rental shall be paid to Party A within the
end date of the expiry of the lease of two moths.
Party B shall pay Party A the deposit for the two-year use of this House, THREE
THOUSAND RMB (capitalization). When Party B pays Party A the deposit, Party A
shall issue the collection receipt. The deposit for this House shall be returned
to Party B when this Agreement is terminated. Party A shall not detain the
deposit due to the disagreement or any reason.
Article 3 Payment Method
The firstly payment is by the method of [ ]cash [ ] remittance. Party A shall
provide Party B the duty paid invoices within ten days of receiving the
remittance.
After that, Party A shall provide duty paid invoice each time and notify Party B
the bank name, Bank of China, Central City branch, and the account no.
0000000-070069414. Party B shall pay Party A the rental by remittance.
Article 4
When Party B uses the above-mentioned House, the land use right within the range
of this building belongs to Party B.
Article 5
Party A guarantees that the real estate ownership of the above-mentioned house
is clear. If ownership disputes or debts related to Party A occur, Party A shall
be obligated for this and burden the civil prosecution responsibility. Party A
shall be obligated to compensate for the economic loss of Party B. Party A
agrees Party B to rent the above-mentioned house for the purpose of warehouse or
other rooms.
Party A also guarantees that all the water, electricity and gas within the lease
house are usable. Party B shall be obligated for the coming expenses for water,
electricity and gas.
(Index of water meter: 630, index of electricity meter: 5015, index of gas
meter: 1418 on the date of Party B's moving in)
Article 6 Within the lease term, Party A shall guarantee and undertake the
burden of the following obligations:
1. The above-mentioned real estate meets the use requirements of the house to
let.
2. Party A shall be obligated for the periodical examination for the auxiliary
equipment and the expense for the maintenance of the normal house. Party A
shall compensate for the loss of Party B or a third party, due to the delay
of repair.
3. Party A shall be obligated for the taxes on demand within the lease term
and make the payment in the departments concerned within one month of
signing this Agreement.
Article 7 Within the lease term, Party B guarantee and undertake the burden of
the following obligations:
1. Party B shall provide Party A the help for the normal examination and
maintenance of this house.
2. If transferring the lease to a third party or exchanging houses with a
third party, it is necessary to obtain the approval of Party A.
3. Party B shall compensate or provide the repair due to improper use or other
man-made reasons
which result in the destruction of the house or equipment.
4. Party B shall obey the law and shall not use this house for illegal events.
Article 8
Obligations for Breaking this Agreement: If either party cannot implement the
articles stipulated in this Agreement or violates the national or local
regulations concerning the real estate, the other party has rights to terminate
this Agreement ahead of time. The party who claims for the termination of this
Agreement shall notify the other party. This Agreement terminates from the other
party's receiving the advice. The party concerned shall be obligated for the
loss caused by the termination of this Agreement.
Article 9
If irresistible reasons result in the destruction of the lease house or
equipment, both parties shall not be obligated for this.
Article 10
If a dispute occurs in the process of implementing this Agreement, Party A and
Party B shall solve this by negotiation. If the negotiation cannot succeed,
either party can apply to the Shanghai Arbitration Committee for accommodation
or arbitration, and agrees to obey the arbitration rules and principles of the
arbitration committee.
Article 11
If Party A withdraws the house within the effective term of this Agreement,
Party A shall notify Party B two months in advance and return the rental for the
remaining days in the same month, and the deposit paid by Party B, and
compensate the rental of one month, THREE THOUSAND RMB for the penalty.
If Party B terminates the lease within the effective term of this Agreement,
Party B shall notify Party A one month in advance. Party A shall return the
rental for the remaining days in the same month, and the deposit paid by Party B
but Party A has rights to detain the deposits, THREE THOUSAND RMB, paid by Party
B for the penalty.
Article 12 If some matters that this Agreement does not take care of, Party A
and Party B can make another agreement. The supplementary agreement has the same
effectiveness as this Agreement from both parties' signing.
Article 13 This Agreement is made in quadruplicate. Party A holds one copy and
Party B holds three copies.
Party A: Huei, Xxx-Xxx Party B: Kid Castle Educational Corporation
Representative: (Tel) 00000000 Representative: <>
Date: June 18, 2002 Date: June 18, 2002
