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China Modern Agricultural Information, Inc. – ‘10-K’ for 6/30/15 – ‘EX-10.8’

On:  Tuesday, 10/13/15, at 3:24pm ET   ·   For:  6/30/15   ·   Accession #:  1213900-15-7625   ·   File #:  0-54510

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  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

10/13/15  China Modern Agricultural In… Inc 10-K        6/30/15   70:6.5M                                   Edgar Agents LLC/FA

Annual Report   —   Form 10-K   —   Sect. 13 / 15(d) – SEA’34
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Annual Report                                       HTML    467K 
 2: EX-2.5      Share Transfer                                      HTML     21K 
 3: EX-2.6      Share Transfer Agreement                            HTML     19K 
 4: EX-10.8     The Transfer Agreement for Land Use Right           HTML     40K 
 5: EX-31.1     Certification -- §302 - SOA'02                      HTML     24K 
 6: EX-31.2     Certification -- §302 - SOA'02                      HTML     24K 
 7: EX-32.1     Certification -- §906 - SOA'02                      HTML     20K 
 8: EX-32.2     Certification -- §906 - SOA'02                      HTML     20K 
48: R1          Document and Entity Information                     HTML     47K 
37: R2          Consolidated Balance Sheets                         HTML    110K 
46: R3          Consolidated Balance Sheets (Parenthetical)         HTML     31K 
50: R4          Consolidated Statements of Income and Other         HTML     81K 
                Comprehensive Income (Unaudited)                                 
65: R5          Consolidated Statements of Changes in               HTML     37K 
                Stockholders' Equity                                             
39: R6          Consolidated Statements of Cash Flows               HTML    101K 
45: R7          Organization                                        HTML     38K 
33: R8          Summary of Significant Accounting Policies          HTML     99K 
26: R9          Recently Issued Accounting Standards                HTML     36K 
66: R10         Property, Plant and Equipment                       HTML     37K 
52: R11         Biological Assets                                   HTML     39K 
51: R12         Notes Receivable                                    HTML     49K 
56: R13         Leases                                              HTML     37K 
57: R14         Employment Agreements                               HTML     24K 
55: R15         Related Party Transactions                          HTML     27K 
58: R16         Income Taxes                                        HTML     57K 
47: R17         Concentration of Credit Risk                        HTML     28K 
49: R18         Parent Company Only Condensed Financial             HTML     80K 
                Information                                                      
54: R19         Subsequent Events                                   HTML     36K 
70: R20         Summary of Significant Accounting Policies          HTML    167K 
                (Policies)                                                       
61: R21         Summary of Significant Accounting Policies          HTML     31K 
                (Tables)                                                         
41: R22         Property, Plant and Equipment (Tables)              HTML     34K 
53: R23         Biological Assets (Tables)                          HTML     36K 
44: R24         Notes Receivable (Tables)                           HTML     36K 
20: R25         Income Taxes (Tables)                               HTML     51K 
62: R26         Parent Company Only Condensed Financial             HTML     57K 
                Information (Tables)                                             
67: R27         Subsequent Events (Tables)                          HTML     26K 
29: R28         Organization (Details)                              HTML     51K 
28: R29         Summary of Significant Accounting Policies          HTML     24K 
                (Details)                                                        
31: R30         Summary of Significant Accounting Policies          HTML     33K 
                (Details 1)                                                      
32: R31         Summary of Significant Accounting Policies          HTML     80K 
                (Details Textual)                                                
34: R32         Property, Plant and Equipment (Details)             HTML     37K 
19: R33         Property, Plant and Equipment (Details Textual)     HTML     23K 
59: R34         Biological Assets (Details)                         HTML     28K 
40: R35         Biological Assets (Details Textual)                 HTML     22K 
43: R36         Notes Receivable (Details)                          HTML     36K 
23: R37         Notes Receivable (Details 1)                        HTML     36K 
69: R38         Notes Receivable (Details Textual)                  HTML     54K 
15: R39         Leases (Details Textual)                            HTML     57K 
35: R40         Employment Agreements (Details)                     HTML     26K 
64: R41         Related Party Transactions (Details)                HTML     23K 
22: R42         Income Taxes (Details)                              HTML     31K 
27: R43         Income Taxes (Details 1)                            HTML     34K 
30: R44         Income Taxes (Details 2)                            HTML     38K 
38: R45         Income Taxes (Details Textual)                      HTML     31K 
18: R46         Concentration of Credit Risk (Details)              HTML     29K 
25: R47         Parent Company Only Condensed Financial             HTML     48K 
                Information (Details)                                            
16: R48         Parent Company Only Condensed Financial             HTML     36K 
                Information (Details 1)                                          
63: R49         Parent Company Only Condensed Financial             HTML     46K 
                Information (Details 2)                                          
21: R50         Parent Company Only Condensed Financial             HTML     35K 
                Information (Details Textual)                                    
60: R51         Parent Company Only Condensed Financial             HTML     27K 
                Information (Details Textual 1)                                  
24: R52         Subsequent Events (Details)                         HTML     34K 
36: R53         Subsequent Events (Details Textual)                 HTML     60K 
68: XML         IDEA XML File -- Filing Summary                      XML    120K 
17: EXCEL       IDEA Workbook of Financial Reports                  XLSX     66K 
 9: EX-101.INS  XBRL Instance -- cmci-20150630                       XML    943K 
11: EX-101.CAL  XBRL Calculations -- cmci-20150630_cal               XML    150K 
12: EX-101.DEF  XBRL Definitions -- cmci-20150630_def                XML    282K 
13: EX-101.LAB  XBRL Labels -- cmci-20150630_lab                     XML    944K 
14: EX-101.PRE  XBRL Presentations -- cmci-20150630_pre              XML    606K 
10: EX-101.SCH  XBRL Schema -- cmci-20150630                         XSD    145K 
42: ZIP         XBRL Zipped Folder -- 0001213900-15-007625-xbrl      Zip    106K 


‘EX-10.8’   —   The Transfer Agreement for Land Use Right


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Exhibit 10.8

 

The Transfer Agreement for Land Use Right

 

Contractee: The People’s Government of Shuangcheng District of Harbin

(hereinafter Party A)

 

Contractor: Heilongjiang Xinhua Cattle Co., Ltd. (hereinafter Party B)

 

According to the PRC Law on Land Management and Contract law of the PRC and other relative law, regulation and the provision, both Party A and Party B negotiate and sign this contract with the principle of equality, voluntary, the principle of compensation. Both Parties shall keep promise and execute together.

 

I The Area of Land and its Covering

 

  1. Party A rent the land and its infrastructure to Party B for the usage of breeding dairy cow, which located at Shengyong Cun Qianjin County, Shuangcheng District, Harbin, Heilongjiang. The land area is 425 mu, and service life is 30 years.
  2. Party A transfer the land of the land use right with cattle farm, dormitory and office building. The construction area of the cattle farm is 42100 square meters, the construction area of the dormitory is 3000 square meters, and the construction are of the office building is 3000 square meters.

 

II Contracting Fee and Payments

 

i.Contracting fee

 

1.The contract fee of the land use right is RMB 27412500 yuan, 6450 yuan per mu.
2.The infrastructure usage fee: The cattle farming usage fee is 73675000 yuan, dormitory usage fee is 5400000 yuan, and the office building usage fee is 5400000 yuan.
3.The totally amount of the land and its infrastructure is RMB 111887500 yuan, (the Capital amount: ONE HUNDRED AND ELEVEN MILLION EIGHT HUNDRED AND EIGHT HUNDRED AND EIGHTY-SEVEN THOUSAND AND FIVE HUNDRED)

 

ii.Payment

 

1.Within three month since the date of signing this contract, Party B clear-up pay the land contracting fee and the its infrastructure usage fee, and the Party B shall chose the installment plan to pay the fee to Party A.
2.Party A transfers the right to the use of land and the right to the use of cattle farming, dormitory, and the office building within a year of the date of signing this contract.

 

 C: 

 

 

III The Right and Obligation of Party A

 

1.Supervise the exploitation and utilization of land, and make sure to utilize the land rationally according to the designated use in the contract.
2.According to the contract to charge the land contracting fee, Party A shall not increase the land contracting fee randomly in the term of contract.
3.Party A shall grantee Party B operate independently and Party A cannot violate the legal right of Party B
4.Party A has the right to reconstruct the cattle farm, dormitory and office building, also has the right to establish other infrastructure for business
5.Make sure the water, power runs smooth and provide the road to contracting land for free
6.In the contract life, Party A shall not subcontract the land.

 

IV The Rights and Obligations of Part B

 

1.Party B has the right to use and operate the contracting land according to the usage and term on the contract.
2.Party B has the rights to yield of the contracting land and the right of use to construct and purchase property according to the contract.
3.Enjoy the preferential policies that the nation provided.
4.Has the right to use the public facilities.
5.Party B shall construct the facilities that related to the manufacture and life on the contracting land
6.Party B shall not use the land with the contracted management right to pay off the debt.
7.Preserve the natural resource and environment, converse the water and land and utilize the land reasonability.

 

V Subcontracting

 

1.In the term of the contract, Party B shall subcontract the land or the part of the land to a third party in principle of voluntary and mutual benefit after the permission of the Party A.
2.The subcontracting contact are necessary signed, and cannot change the content of the original contract.
3.After the subcontracting the contract, Party A and Party B shall continue to execute the right and take the obligation as the original contract. Party B together with a third party shall execute the right and take the obligation to according to the subcontracting contract.

 

VI The Contracted Management Term of the Land and its Facilities

 

The contracted management term is 30 years, from May 14,2015 to May 13, 2045. Expect for the national special expropriation, Party B shall use the land in the term of contract.

 

 C: 
  C: 2 
 

 

VII Change and Termination of Contract

 

1.This contract comes into effect since the date of signing. Any Party shall not change or terminate the contract, unless the two Parties negotiation to sign the written contract and then can change and terminate this contract.
2.In the term of contract, the changing of legal representatives or personnel of any parties cannot change and terminate this contract.
3.In the term of contract, the contract could change or terminate without taking any responsibilities when the contract unable to fulfill because of the force majeure.
4.In the term of contract, Party A should pay the fee for the construction equipment on the land to Party B and give the relevant compensation in accordance with the contracted management life and the actual situation of exploitation and utilization when it occurs to the government expropriate this land.
5.If Party A re-contracts the contracted land or cut off the power, water, or the road to make the Party B unable to operate, Party B has the right to terminate this contract, and the Party A shall take liability for breach the contract.
6.Party B has the prior right to continue to contract when it gets to the expiration of the contract. The two parties shall renew this contract half of the year before the expiration.

 

VIII Liability of Breach of Contract

 

In the term of contract, any Party violates the contract or releases the contract without any reasonable reason, the party who violate the contract must take all the losses when it causes the actual loss to the other side. If the contract cannot carry out because of the force majeure, both Parties can terminate the contract.

 

IX Dispute Resolutions

 

If the dispute occurs in the process of carrying out the contract, both Parties should compromise settlement. If the settlement was failed, both Parties agree to apply to mediation. If the mediation was failed, both Parties can sue to the jurisdictional people’s court.

 

X The Contract Comes into Effect since the Date of Signing

 

XI For the unfinished matters of contract, both Parties can sign a supplementary agreement after the consensus; the supplementary agreement has the same legal force as the contract.

 

XII The contract is done in triplicate, each Party holds one copy with the same force.

 

 C: 
 3 
 

 

Contractee: the People’s Government of Shuangcheng District in Harbin

Signature:

 

 

 

Contractor: Heilongjiang Xinhua Cattle Co., Ltd.

Signature:

 

 

 

Date of Signing: May 14, 2014

Place of signing: Harbin, Heilongjiang Province

 

 

 

 

4

 

 


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:10/13/15
For Period end:6/30/15NT 10-K
5/14/14
 List all Filings 


3 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 6/06/16  SEC                               UPLOAD9/24/17    1:36K  China Modern Agricultural In… Inc
 3/22/16  SEC                               UPLOAD9/24/17    1:156K China Modern Agricultural In… Inc
 2/10/16  SEC                               UPLOAD9/24/17    1:167K China Modern Agricultural In… Inc
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Filing Submission 0001213900-15-007625   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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