LEASE AGREEMENT
of the land plot for its integrated development for housing construction No. _____
Moscow _________ “__”, 20 __
The Russian Housing Development Foundation, hereinafter referred to as the Lessor, represented by First Deputy General Director Anisimov Andrey Alexandrovich acting on the basis of power of attorney of __________, 20__, No. АБ-____, on the one hand, and ____________________________________, hereinafter referred to as the Lessee, represented by ______________________ acting on the basis of the Charter, on the other hand (hereinafter – the Parties), according to report on results of the auction to sell the right to conclude the lease agreement of the land plot for its integrated development for housing construction of ___________ 2012, No._____ (hereinafter – the auction results report, copies attached) have concluded this agreement (hereinafter respectively – the Agreement and the Auction) on the following.
Article 1. Subject of the Agreement
1.1. The Lessor hereby undertakes to transfer for consideration to temporary ownership and use, and the Lessee undertakes to accept the land plot of total area 430,000 square meters (cadastre number: 23:43:0107001:14321), land category: urban land; permitted use: for integrated development of land – allocation of a high-rise residential housing located at: Russia, Krasnodar region, Kradnodar (hereinafter the Plot), beneficially owned by the Lessor which is certified by the certificate of the state registration of title of February 16, 2АК issued by the Directorate of the Federal Service of State Registration, Cadaster and Cartography of the Krasnodar region (copies attached).
The information about the Plot is registered in the Cadastral Certificate of February 14, 2012, No. 2343/12/, issued by the federal budgetary institution the Federal Cadastre Chamber of the Krasnodar Region (copies attached).
1.2. The Plot shall be transferred to the Lessee for its integrated development for housing construction (hereinafter – the integrated development of the Plot).
The integrated development of the Plot shall include:
– preparation of documents on the land planning including land planning project, land division project within the boundaries of the Plot, and their approval in the prescribed manner by the authorized bodies (hereinafter – the land planning documents);
– arrangement of the territory within the boundaries of the Plot through construction (establishment) on the land plots formed within the boundaries of the Plot (hereinafter – the formed land plots) of the engineering infrastructure facilities including electricity, heating, gas and water supply, water discharge and wastewater treatment, and other infrastructure, as well as facilities for development of common areas within the boundaries of the Plot, gratuitous transfer of such facilities to municipal (or federal) ownership or registration as a private property;
– housing and other construction on the Formed land plots according to types of permitted use.
The general requirements to the parameters and characteristics of the planned development of the Plot, including construction density and parameters on the area, transportation and engineering and technical support, required for development of the area; minimal amount of the housing construction and other technical and economic parameters of housing construction; requirements to the building materials and technologies used in relation to their energy-efficiency and environmental performance during architectural design and housing construction.
The following issues should be considered during preparation of documents for the territory layout architectural design and housing construction:
1.2.1. Construction of housing including the economy class housing.
1.2.2. Minimal area of apartments in construction shall be 120,000 sq. m.
1.2.3. The share of the economy class housing shall be at least 50% of total apartment area in construction, and its parameters shall be as follows:
1.2.3.1. The area of apartments in apartment buildings according to number of rooms and their area (the lower and upper limits of area excluding balconies, terraces, porches, recessed balconies, cold storerooms and lobbies) shall be as follows:
Number of living rooms | 1 | 2 | 3 | 4 | 5 | 6 |
Recommended area of apartments (the lower and upper limits of area), sq. m. | 28-45 | 44-60 | 56-80 | 70-100 | 84-116 | 103-126 |
1.2.3.2. The area of living rooms of apartments in apartment building shall be at least:
– rooms in one-roomed apartments – 14 sq. m.;
– living room in apartments with two or more rooms 16 sq. m.;
– bedrooms – 8 sq. m. (10 sq. m. for two persons);
– kitchens – 6 sq. m.;
– kitchens (built-in kitchens) in one-room apartments – 5 sq. m.
1.2.5.3.3. Minimal finishing of rooms, composition and parameters of utility equipment shall be as follows:
1.2.3.3.1. Interior finishing of residential premises in apartment buildings:
Living rooms, corridors, halls:
– ceiling painted;
– walls covered with wallpaper;
– flooring – linoleum;
– skirting boards – wooden.
Bathrooms, toilets:
– ceiling painted;
– walls painted with oil paint and/or faced with ceramic tiles;
– flooring – ceramic tiles;
– skirting boards – ceramic tiles.
Kitchens, storerooms:
– ceiling painted;
– walls painted and/or faced with ceramic tiles;
– flooring – linoleum;
– skirting boards – wooden.
1.2.3.3.2. Interior finishing of common areas (lobbies, staircases, corridors, lift halls, garbage chute areas) of apartment buildings:
Cold entrance lobby areas, garbage rooms, garbage chute areas:
– ceiling – oil paint;
– walls – oil paint;
– flooring – ceramic tiles;
– skirting boards – ceramic tiles.
Staircases, warm entrance lobby areas:
– ceiling painted;
– walls painted;
– flooring – ceramic tiles;
– skirting boards – ceramic tiles.
Corridors, lift halls, lobbies near apartments:
– ceiling painted;
– walls painted;
– flooring – ceramic tiles;
– skirting boards – ceramic tiles.
1.2.3.3.3. General characteristics and minimal requirements to sanitary ware, plumbing and millwork:
– windows – window units with single or double-pane glass (according to heating engineering requirements);
– windowsills – wooden or plastic;
– entrance doors (in apartments) – with solid wood or metal filling;
– interior doors – blank or glass doors;
– installation of sanitary ware, toilets, sinks, kitchen sinks and bathtubs, shall be obligatory.
position of the engineering equipment in apartments of the apartment buildings includes: supply of domestic and drinking water, fire water supply, hot water supply, sewage and water drains; heating, ventilation, smoke protection, electric lighting, power equipment, telephone, radio, television antennas, and call alarm system; cable television and broadband Internet connection; automatic fire alarm, system of warning and evacuation control during a fire, elevators for firefighting units and life saving equipment in compliance with regulatory documents.
1.2.3.3.5. Building and finishing materials as well as materials used for built-in furniture shall be permitted for use by the competent authorities and institutions of sanitary and epidemiological service.
1.2.3.3.6. Concentration of pollutants in the air of residential premises shall not exceed the maximal allowable concentration (MAC) for the atmospheric air in populated areas.
1.2.3.3.7. The level of the electrostatic field on the surface of building and finishing materials shall not exceed 15 kV/m (at a relative humidity of 30-60%).
1.2.3.4. The residential buildings shall be provided with individual or common devices for regulation and consumption records of utility resources.
1.2.3.5. Percentage of public areas (plots of public development, green planting, streets and access roads) for residential districts for economy-class low-rise residential housing should be at least 20% of the district territory.
1.2.4. Placing of general education facilities (school, kindergarten) as well as servicing facilities and agencies shall be performed in compliance with standards for provision of citizens with public service facilities specified in construction standards of the Krasnodar region approved by the ruling of the Legislative Assembly of the Krasnodar region of June 24, 2009 No. 1381-П.
1.2.5. The required number of parking lots for organized storage of passenger cars in compliance with construction standards of the Krasnodar region approved by the ruling of the Legislative Assembly of the Krasnodar region of June 24, 2009 No. 1381-П.
pliance with requirements of CRR “Accessibility of buildings and facilities to people with low mobility”.
1.2.7. Allocation of bicycle lanes.
1.2.8. Arrangement of land irrigation.
1.2.9. Exclusion of possible closed circulation zones during design of residential development aeration.
1.2.10. Use of energy-efficient and environmentally friendly construction technologies and building materials in compliance with Federal Law of November 23, 2009, No.261-ФЗ “Concerning energy saving and improvement of energy-efficiency, and amendments in certain legislative acts of the Russian Federation”, Federal Law of December 30, 2009, No.384-ФЗ “Technical regulation on safety of buildings and facilities”, resolution of the Government of the Russian Federation of June 21, 2010, No.1047-р “Concerning approval of the list of national standards and codes of practice (parts of such standards and codes of practice) ensuring compliance with requirements of the Federal Law “Technical regulation on safety of buildings and facilities”, Sanitary rules and norms (SRN) (SanPiN) 2.1.2.2645-10 of June 10, 2010.
1.2.11. Application of the following energy-efficient technologies and materials:
– street (adjacent to building) lighting with LED lamps (lights);
– control of systems of the street (adjacent to building) territory (automatic control systems);
– provide installation of frequency-controlled drive during designing water and heating supply at heating points and water pumping stations;
– energy saving lamps (LED, HID) in houses and common areas;
– control of lighting systems in common areas and surrounding territories (equipping entrances and staircases with automatic control systems (motion and presence sensors));
– AUTEC (automated unit of thermal energy control);
– FCD (frequency-controlled drive) in water and heating supply systems;
– automated electricity counting system (AMISEPFA (automated measuring and information system for electric power fiscal accounting)) with the following functional tasks:
– measurement of active energy consumption with high accuracy degree;
– possibility of multi-tariff menu;
– possibility to measure main quality parameters of the energy (deviation of frequency and voltage) in compliance with GOST ;
– access for data configuration and transfer.
1.2.12. When polymer and synthetic building materials, raw materials and materials used in construction are regulated by the hygienic standards in relation to the content of radioactive substances, it is required to obtain the positive sanitary and epidemiological conclusion in the procedure established by order of the Federal Service for Supervision over Consumer Rights Protection and Human Welfare of June 19, 2007, No.224 “Concerning sanitary and epidemiological expertise, studies, research, testing and toxicology, hygiene and other forms of assessment”.
1.2.13. Indicators of sanitary and epidemiological requirements:
– increase in the rated duration of insolation according to clause 5.8 SanPiN 2.1.2.2645-10, ranging up to +0.5 hour;
– microclimate within the allowable limits of GOST ;
– vibration not more than 5 dB (subclause 6.2.2 SanPiN 2.1.2.2645-10);
– maximum noise level of 45 dBA;
– total infrasound level of 70 dB Lin;
– electromagnetic radiation of not more than 4 mT.
1.2.14. In order to provide residential buildings with cable television and broadband Internet connection, the design of complex residential development shall provide the following:
1.2.14.1. Construction of the intra-block telephone conduit of asbestos-concrete or plastic corrugated tubes (PCT) of 100 mm diameter between the constructed buildings; number of channels and their length shall be determined during projecting.
1.2.14.2. Separate non-residential premises or room (usually on the technical floor) in the building for allocation of the equipment for provision of the broadband Internet connection and cable television services, and accommodation of the house connection point as part of the vandal-proof telecommunication cabinet of 620х620х500 mm (width x height x depth) mounted to the wall.
1.2.14.3. The area for accommodation of the house connection point as part of the vandal-proof telecommunication cabinet of 420х540х330 mm (width x height x depth) mounted to the wall in the porch to allocate the equipment for provision of the broadband Internet connection and cable television services.
1.2.14.4. Round-the-clock access to the room or place of the cabinet location.
1.2.14.5. Temperature and humidity in the room shall be within the allowable limits (temperature of 0°С to +40°С, relative humidity 10-90%).
1.2.14.6. The points for connection of the communication equipment to the electric networks of the building in each installation place of the communication equipment. Power supply of the equipment from the AC network of 220 V (the estimated aggregate capacity of the communication equipment amounts to 3 kW). Connection shall be made from the separate machine and the input switch room in the building (porch).
1.2.14.7. Construction of the inter-floor risers (with access to the technical floor) made of two metal (plastic) tubes of at least 50mm diameter, in the residential porches of the building.
1.2.14.8. Places for installation of the distribution communication terminals on all floors (box not bigger than 320х320х90 mm (width x height x depth) mounted to the wall).
1.2.14.9. Cabling of all constructed porches of the building with UTP-25, UTP-10 and RG-11 cables from the places of the communication equipment
installation.
If during the term of the Agreement, any regional and/or local norms of urban planning, documents of land planning, urban zoning, urban standards, construction rules and regulations, technical regulations, federal standards, as well as other documents, excluding the possibility to comply with requirements prescribed in this section, have been introduced (or changed), the Lessee shall perform design and housing construction in compliance with documents, norms and regulations specified in this section.
If during the term of the Agreement, following the engineering and geological surveys carried out by the Lessee, defining or expansion of sanitary protection zones of enterprises of various categories of risk, occurrence of man-made conditions and other circumstances of objective nature, there occur any restrictions of use of the Plot preventing the Lessee to comply with requirements prescribed in this section, these requirements may be specified by the Lessor on the basis of supporting documents provided by the Lessee via conclusion of additional agreement to the Agreement, which shall not make a change of conditions of the auction.
1.3. The Lessor hereby warrants that as of the date of the Agreement the Plot is free of rights of any third parties, is not pledged, disputed or under arrest.
The current restrictions of use of the Plot are specified in the cadastre certificate of the Plot.
Article 2. Lease Term
2.1. The term of lease of the Plot under the Agreement shall be 7 (seven) years.
The beginning of the lease term shall be calculated in accordance with clause 6.1.1 of the Agreement from the date of signing by the Parties of the Transfer and Acceptance Act for the Plot.
The lease agreements for the Formed land plots shall be concluded after the state registration of title of the Lessee to the Formed land plots within the term prescribed by this clause in accordance with clauses 5.2, 5.4-5.7 hereof.
Article 3. Procedure and Term for the integrated development of the Plot
3.1. The integrated development of the Plot shall be performed within the following term as follows:
3.1.1. Development and obtaining of approval of land planning documents within the boundaries of the Plot in the prescribed manner within the term specified in the auction results report.
3.1.2. In case if during the term specified in clause 3.1.1 of the Agreement, in the legislation of the Russian Federation there occur any amendments causing the need to introduce major alterations in the land planning documents for the Plot being developed (developed) by the Lessee, the term specified in clause 3.1.1 hereof and accordingly the term specified in clause 2.1 of the Agreement shall extend in proportion to the term of rework of the land planning documents for the Plot but not more than six months.
3.1.3. Construction (establishment) and gratuitous transfer in the prescribed manner to municipal (or federal) ownership of facilities of the engineering and other infrastructure specified in clause 1.2 of the Agreement, as well as facilities for development of common areas within the boundaries of the Plot, or registration of these facilities as a private property within the term stipulated by the auction results report.
3.1.4. Housing and other construction on the Formed land plots within the boundaries of the Plot shall be performed in stages as follows:
– during 3 (three) years of lease calculated in accordance with clause 2.1 of the Agreement from the date of signing by the Parties of the Transfer and Acceptance Act for the Plot, construction of facilities of a residential use of total area at least 12,000 sq. m.;
– from the 4th (fourth) year of lease, construction of facilities of residential purpose of total area at least 36,000 sq. m. (cumulative total);
– from the 5th (fifth) year of lease, construction of facilities of residential purpose of total area at least 60,000 sq. m. (cumulative total);
– from the 6th (sixth) year of lease, construction of facilities of residential purpose of total area at least 84,000 sq. m. (cumulative total);
– until the end of the 7th (seventh) year of lease, construction of facilities of residential purpose of total area at least 120,000 sq. m. (cumulative total);
– during the maximum period of housing and other construction, construction of facilities of other purpose.
The maximum period of housing and other construction on the Formed land plots shall be determined in the auction results report.
The Lessee shall be entitled to early perform its obligations on housing and other construction within any stage.
The date of completion of housing and other construction on the Formed land plots within the boundaries of the Plot shall be the date of issue in the prescribed manner of the permit for putting into operation of the last of facilities of the residential and/or other purpose, specified in the land planning documents within the boundaries of the Plot.
3.2. In case of sale of the Formed land plots, the new right holders shall receive the obligations on compliance with the terms and requirements to the minimal amount of housing and other construction on the Formed land plots in accordance with types of their permitted use specified in clauses 3.and clause 5.4 of the Agreement.
Article 4. Payments under the Agreement
4.1. The Lessee shall pay the following payments: price for the right to conclude the Agreement and the rent.
4.2. The payment for the right to conclude the Agreement according to the auction results report shall amount to ____________ (_________) rubles including VAT. VAT rate shall be 18% which amounts to _______ rubles.
4.3. The caution deposit made by the Lessee for participation in the auction to sell the right to conclude the Agreement shall be accounted as part of the payment for the right to conclude the Agreement. The amount of the caution deposit made by the Lessee on account of payment for the right to conclude the Agreement equals to 10,502,000 (ten million five hundred two thousand) rubles. The remaining amount of the payment for the right to conclude the Agreement shall amount to _________ rubles, including VAT.
Transfer of the remaining amount of the payment for the right to conclude the Agreement specified in this clause shall be performed by the Lessee in full in a cashless form within five working days after signing of the auction results report.
The Lessee shall transfer the remaining amount of the payment for the right to conclude the Agreement specified in this clause to the account of the Lessor specified in Article 16 hereof.
4.4. The rent payment for use of the Plot subject to payment shall be calculated from the date of transfer of the Plot to the Lessee under the Transfer and Acceptance Act and paid quarterly in a cashless form, not later than the 10th day of the first month of every fully paid calendar quarter (hereinafter respectively – the rent payment, the quarterly rent payments).
The rent payments for the period of use of the Plot after its transfer to the Lessee according to clause 2.1 of the Agreement until the state registration of the Agreement, shall be made by the Lessee within 10 (ten) days after the registration. At the same time the Lessee shall pay the rent payments for the period of use of the Plot until the end of incomplete paid calendar month.
The Lessee shall transfer the rent payments under the Agreement to the account of the Lessor specified in Article 16 hereof.
4.5. The amount of the quarterly rent payment shall be determined as follows:
4.5.1. During the first year of lease the amount of the quarterly rent payment for use of the Plot or the Formed land plots (in case of formation of the land plots prior to the expiry of the first year of lease) shall be calculated according to the formula:
А1 = A / 4 x S x 0.5,
where А1 – the amount of the quarterly rent payment;
А – the amount of rent payment specified in the auction results report (per unit of area);
S – area of the Plot or the Formed land plots (in case of formation of the land plots prior to the expiry of the first year of lease).
4.5.2. From the second year of lease the amount of the quarterly rent payment for use of the Plot (in case if during the first year of lease the newly formed land plots were not formed out of the Plot) or the Formed land plots shall be calculated according to the formula:
А2=А / 4 x S x k,
where А2 – the amount of the quarterly rent payment,
А – the amount of rent payment specified in the auction results report (per unit of area);
S – area of the Plot (in case if during the first year of lease the newly formed land plots were not formed out of the Plot) or the Formed land plots;
k – multiplying coefficient calculated by the formula:
k = 1 + 0.5 / (T – 1),
where T – lease term in years.
4.6. The Lessee shall provide the Lessor with copies of payment documents confirming the transfer of payment amounts under the Agreement within five calendar days after the payment.
4.7. The amount of the rent per unit of area stipulated in the auction results report shall not be subject to change during the whole lease term prescribed by clause 2.1 of the Agreement.
Clause 5. Formed Plots Repurchase.
Formed Plots Lease
5.1. After the performance of the cadastral works based on the duly approved land planning design within the Plots boundaries and state cadastral registration of the formed land plots, the Lessee shall make a decision on repurchase of the Formed Plots or entering into the Formed Plots Lease Agreements, except for the Formed Plots located within common areas and subject to free-of-charge transfer by the Lessor to municipal (or state) ownership according to subparagraph 6.1.3 hereof which are not subject to repurchase by the Lessee.
5.2. The Lessee shall notify the Lessor on the repurchase or lease of the Formed Plots specified in paragraph 5.1 hereof in a form of written request on entering into the Formed Plots sales and purchase or lease agreements subject to submission to the Lessor according to the address specified in clause 16 hereof, on the date of receipt by the Lessee of cadastral certificates for the Formed Plots.
A written request of the Lessee on repurchasing the Formed Plots or using the Formed Plots on lease conditions may contain information about the composition of construction stages, specifying the times for construction in accordance with the type of permitted use of each of the Formed Plots with regard to the construction times and stages stipulated in subclauses 3.of the Agreement.
5.3. The Formed Plot Sales and Purchase Agreement shall be entered into after all obligations hereunder have been fulfilled which are to be fulfilled by the date of entering into the Formed Plot sales and purchase agreement, and on the following material terms and conditions:
5.3.1. The repurchase price per the Formed Plot area unit shall be fixed according to the auction results report.
5.3.2. The value of the Formed Plot shall be paid within five calendar days from the date of entering into the Formed Plot Sales and Purchase Agreement.
The Formed Plot shall be transferred within five calendar days from the date of the Formed Plot value payment.
5.3.3. If according to the auction results report the Lessee is entitled to pay for the Formed Plot by installments under the sales and purchase agreement on this land plot, there shall be a mortgage of the Formed Plot according to paragraph 5 article 488 and paragraph 3 article 489 of the Civil Code of the Russian Federation.
5.3.4. The owner of the Formed Plot shall ensure construction according to the types of permitted use of the Formed Plot and according to the obligations specified in subclauses 6.2.8-6.2.11 hereof.
5.3.5. The owner of the Formed Plot shall ensure the fulfillment of the obligations specified in subclauses 5.3.3, 5.3.4 hereof according to the procedure as per clause 7 hereof.
5.3.6. The Formed Plot Sales and Purchase Agreement shall be entered subject to terms and conditions specified in subparagraphs 3.1.3, 3.1.4, 6.2.15, 6.2.17 hereof, clauses 12 and 13 hereof, paragraphs 9.3, 9.7, 9.8, 9.9 hereof, specifying the time of commissioning of a capital construction facility/facilities in respect to the Formed Plot(s) determined on the basis of information contained in the written request of the Lessee sent in accordance with clause 5.2 of the Agreement, with regard to requirements of subclauses 3.of the Agreement.
5.4. If the Lessee decides to use the Formed Plots under lease terms, the Parties in accordance with the request of the Lessee set out in clause 5.2. of the Agreement shall make relevant amendments to the subject matter of the Agreement with regard to the construction times and stages stipulated in subclauses 3.of the Agreement. Relevant changes shall be executed as a supplementary agreement to the Agreement.
By the request of the Lessee the Parties may conclude in respect of the Formed Plot(s) a lease agreement, specifying the capital construction commissioning time in relation to the Formed Plot(s) determined on the basis of information contained in the written request of the Lessee sent in accordance with clause 5.2 of the Agreement and requirements of subclauses 3.of the Agreement.
If by the request of the Lessee Formed Plots sale-and-purchase or lease agreements are concluded, obligations of the Parties in performing comprehensive development of the Plot (Formed Plots) stipulated by clause 1.2, subclauses 3.of the Agreement, the composition of construction stages specifying construction times, grounds and procedure for changing the construction stages and times, as well as liability for default, may be regulated by a separate supplementary agreement of the Parties.
5.5. If the Parties conclude a supplementary agreement to the Agreement in accordance with clause 5.4 of the Agreement after approval by the Lessee of design documentation in relation to the current construction stage, the Lessee may send to the Lessor a request to conclude a Formed Plot(s) lease agreement and make amendments in the Agreement. In this case the Parties shall conclude in respect of the Formed Plot(s) a lease agreement specifying the capital construction facilities and the commissioning times in relation to the Formed Plot(s) determined with regard to requirements of subclauses 3.of the Agreement, as well as made relevant changes to the Agreement. The Formed Plot(s) lease agreement shall be concluded for the time of construction of capital construction facilities as set out in design documentation.
The Formed Plot Lease Agreement shall be entered into after the fulfillment of all obligations hereunder which have to be fulfilled by the date of entering into the lease agreement, and subject to material terms and conditions specified in paragraphs and subparagraphs 3.1.3, 3.1.4, 4.4-4.5, 6.2.2, 6.2.8-6.2.15, 6.2.17-6.2.20, 6.3-6.4 hereof, clauses 7, 8, paragraphs 9.1-9.9 hereof, paragraph 10.2 hereof, clauses 11, 12 and 13 hereof.
5.6. If the Lessee decides to use the Formed Plot under lease terms, the Lessee shall within the lease period retain the right to address the Lessor to conclude the Formed Plot sale-and-purchase agreement under the terms specified in clause 5.3 of the Agreement. The Formed Plot sale-and-purchase agreement shall be concluded in this case after all obligations hereunder and under the Formed Plot lease agreement are performed which are to be executed by the date of concluding the sale-and-purchase agreement.
5.7. The Lessee shall submit documents for the state registration of the Formed Plots Lease Agreements and transfer of ownership title to the Formed Plots to the Lessee within the repurchase of the Formed Plots along with submission of documents for state registration of ownership title of the Lessor to the Formed Plots according to paragraph 7 clause 22.2 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of the rights for real estate and related transactions”, to the body involved in the state registration of real estate title and related to real estate and related transactions.
Clause 6. Rights and Obligations of the Parties
6.1. The Lessor shall:
6.1.1. Ensure the transfer of the Plot to the Lessee for the lease period on the date of signing the Agreement. Transfer of the Plot shall be executed by the transfer and acceptance act.
6.1.2. Prior to approval of area planning documentation within the Plot’s boundaries an authorized body shall take a decision on dividing the Plot and provide a copy of such a decision to the Lessee.
6.1.3. After approval of the Plots land planning documentation based on the resolution of the superior body of the Lessor approved according to the procedure specified in the Federal Law as of July 24, 2008 No.161-FZ “On support of housing construction”, transfer the Formed Plots located within the borders of common areas free-of-charge to municipal (or state) ownership according to the existing law of the Russian Federation.
6.1.4. After approval of the Plot land planning documentation and performing of state cadastral registration of the formed plots upon written request of the Lessee submitted according to clause 5 hereof, enter, in respect of each Formed Plot with it, except for the Formed Plots specified in subparagraph 6.1.3 hereof, into sales and purchase agreement subject to the terms and conditions specified in clause 5.3 hereof, or the Formed Plot Lease Agreement subject to the terms and conditions specified in clause 5.4 hereof.
6.1.5. After receiving a request of the Lessee stipulated by clause 5.5 hereof conclude in respect of the Formed Plots relating to this stage of construction, Formed Plots lease agreements and a supplementary agreement on making relevant amendments to the Agreement.
6.1.6. Provide the Lessee with the Power of Attorney for representing the interests of the Lessor upon state registration of ownership title of the Lessor to the Formed Plots, the Agreement, the Formed Plots Lease Agreements, the rights assignment under the Formed Plots sales and purchase agreements, amendment of the entry in the Unified State Register of the Rights for Real Estate and Related Transactions in respect of the Formed Plots, including types of permitted use of the Formed Plots.
6.2. The Lessee shall:
6.2.1. Accept the Plots under the transfer and acceptance act on the date of execution hereof.
6.2.2. Use the Plot according to the purposes specified in paragraph 1.2 hereof.
6.2.3. Pay for the right to enter herein as specified in paragraph 4.2 hereof within the period specified in paragraph 4.3 hereof, rental payments hereunder within period specified in paragraph 4.4 hereof, and in case of repurchase of the Formed Plots pay the value of the Formed Plots estimated according to subparagraph 5.3.1 hereof, within the period specified in subparagraph 5.3.2 hereof.
Provide the Lessor with the payment documents copies certifying the transfer of the payments specified in the first paragraph hereof within five calendar days after the payment.
6.2.4. Develop and ensure approval of the land planning documentation within the Plot boundaries by the authorized body according to the established order within the period specified in subparagraph 3.1.1 hereof, i. e.:
6.2.4.1. Ensure the development of the land planning design, land boundary-setting design (performed within the land planning designs or as a separate document) and submit it to the Lessor for making a decision on the Plots division. If there are remarks of the Lessor on the issues concerning its rights, consider these remarks and submit the specified documents for decision-making on division of the Plots to the Lessor again, and the terms specified in subparagraph 3.1.1 hereof shall not be changed.
6.2.4.2. Ensure the approval of the land planning design, land boundary-setting design by the authorized body (performed within the land planning designs or as a separate document).
If the land planning design, land boundary-setting designs are sent by the authorized body for the revision, revise the same, provide the Lessor for the decision-making on the Plots division and ensure the approval of the land planning design, land boundary-setting design is sent by the authorized body. And the terms specified in subparagraph 3.1.1 hereof shall not be changed.
6.2.5. Ensure the performance of the required cadastral works and state cadastral registration according to the land planning documentation in respect of the Formed Land Plots within the Plots boundaries that are divided according to the land planning documentation.
Provide the Lessor with the cadastral certificates of the Formed Land Plots within fourteen calendar days after the cadastral registration.
6.2.6. Carry out the state registration of the ownership title of the Lessor to the Formed Plots, the Agreement, the Formed Plots Lease Agreements, assignment of rights and obligations of the Lessee hereunder, assignment of the rights to the Formed Plots according to the law of the Russian Federation and the Agreement, amendments of the entry in the Unified State Register of the Rights for Real Estate and Related Transactions in respect of the Formed Plots, including types of permitted use of the Formed Plots based on the Power of Attorney issued by the Lessor according to subparagraph 6.1.6 hereof.
6.2.7. On the date of receipt of the cadastral certificates for the Formed Plots, send the written request on entering into the Formed Plots sales and purchase or lease agreements, to the Lessor considering paragraph 5.1 hereof.
6.2.8. Ensure the designing, construction of engineering and other infrastructure objects within the Plots boundaries and their due transfer to the municipal (or state) ownership or execution of the private ownership for them within the period specified in subparagraph 3.1.3 hereof.
6.2.9. Ensure maintenance and operation of the engineering and other infrastructure objects built within the Plots boundaries before their due transfer to the municipal (or state) ownership or execution of the private ownership for them within the period specified in subparagraph 3.1.3 hereof.
Upon free-of-charge transfer of engineering and other infrastructure objects enumerated in paragraph 1.2 hereof to the municipal (or state) ownership carry out such transfer according to the established order.
6.2.10. Ensure the designing and construction of residential and other objects on the Formed Plots according to the law on town-planning operations, technical regulations, other legal and technical documents existing in the territory of the Russian Federation within the term specified in subparagraph 3.1.4 hereof.
6.2.11. Ensure maintenance and operation (including utility services) of the residential and other objects before their transfer to the owner or organizations selected by the owner for operation and maintenance.
6.2.12. Prevent the actions in breach with the purposes of the Plots, the Formed Plots use, and actions breaching the rights of third persons, including resulting in deterioration of the ecologic and sanitary situation on the Plot, the Formed Plots, adjacent and close territory.
6.2.13. Ensure the free access of the Lessor to the Plot, the Formed Plots, in order to supervise the use of the Plots, the Formed Plots and audit of compliance with the terms and conditions hereof (including for installation and maintenance of the video monitoring), and for the authorized governmental bodies, local executive bodies, including state and municipal control and supervision bodies for them to exercise their powers within their competence.
Provide the Lessor (or its representatives) with an opportunity to conduct audit of compliance by the Lessee in preparing a design assignment and in performing architectural construction designing of requirements set out in clause 1.2 of the Agreement, as well as compliance of construction of facilities of housing and other purposes on the Formed Plots of documentation developed in terms of requirements set out by clause 1.2 of the Agreement, and if the Lessor has any claims, rectify them within the time specified by the Lessor.
6.2.14. Notify the Lessor and the respective governmental and local executive authorities on occurrence of the emergency situation, accident or other event resulted (or threatened to result) in damage to the Plot, the Formed Plots, video monitoring of the Lessor and equipment required for its installation, and real estate, other property of third persons, within 24 hours from the moment of occurrence of such event and promptly make all possible efforts for prevention of damage.
6.2.15. After entering herein, provide the Lessor with reports according to the form enclosed hereto (annex hereto) on fulfillment of the obligations hereunder in each calendar month (reporting month) no later than 10th day of the month following the reporting month.
6.2.16. Perform the Plots Complex Development in full, ensuring housing and other construction on the Formed Plots, irrespective of the involvement of any third persons to the complex development, except for the cases of transfer of the rights and obligations hereunder by the Lessee.
Involvement of any third persons into housing and other, engineering and other infrastructure objects construction, including attraction of individuals’ funds within the participation in the shared construction shall not result in transfer of the Lessee’s rights and obligations hereunder to them, except for the cases of transfer of the rights and obligations hereunder by the Lessee.
6.2.17. To enter into agreements of connection to the engineering infrastructure objects constructed according to subparagraph 6.2.8 hereof, and residential and other construction objects constructed according to subparagraph 6.2.10 hereof to the engineering and technical networks with organizations operating the engineering and technical networks according to the established order.
6.2.18. In case of obtaining of the permit for operation of the individual residential houses, blocked residential houses located at the Formed Plots, leased by the Lessee upon transfer of each individual residential house, block in the blocked residential house under the transfer and acceptance act upon such transfer according to the Federal Law as of December 30, 2004 No.214-FZ “On participation in the shared construction of the apartment houses and other real estate objects and on amendment of some legal acts of the Russian Federation” (hereinafter referred to as the Federal Law No. 214-FZ) or any law of the Russian Federation on procedure and upon performance of the alienation of individual residential houses, blocks in blocked residential houses perform all required acts aimed at ensuring of transfer of the rights for the Formed Plot to the purchaser of the individual residential house, block in blocked residential house along with the signing of the transfer and acceptance act or execution of the agreement on the alienation of the individual residential house, block in blocked residential house.
6.2.19. If the permit for commissioning of the apartment residential house located at the Formed Plot leased by the Lessee has been obtained, notify the Lessor on readiness of the relevant documents for state registration of ownership title on the part of the first registering owner of the premises in apartment house no later than within fourteen calendar days before such date.
If the permit for commissioning of the apartment residential house located at the Formed Plot leased by the Lessee has been obtained, notify the Lessor:
– on readiness to transfer each individual residential house, block in blocked residential house under the transfer and acceptance act no later than fourteen calendar days before the planned transfer upon execution of such transfer according to the Federal Law No.214-FZ or according to the other procedure established by the law of the Russian Federation;
– on readiness to perform each transaction on alienation of individual residential house, block in blocked residential house no later than fourteen calendar days before such transaction.
6.2.20. In case of obtaining of the permit for commissioning of the engineering and other infrastructure objects subject to execution as municipal (or state) ownership or as ownership of the Lessee located at the Formed Plots possessed by the Lessee under the right of lease, notify on the readiness for submission of the relevant documents for the state registration of the ownership title no later than fourteen calendar days prior to the planned date of such submission.
6.2.21. Ensure state registration hereof in the body for state registration of the rights for real estate and related transactions within 30 (thirty) calendar days after signing hereof.
ply with the restrictions in respect of economic, business and other operations, ownership, use and disposal of the Plot provided for by the law of the Russian Federation, other restrictions related to the special law regime of the Plot.
6.3. The Lessor shall be entitled to:
6.3.1. Supervise the use of the Plot, the Formed Plots and audit the compliance with the terms and conditions hereof, including video monitoring at the Plot and the Formed Plots.
6.3.2. Demand in court for early termination hereof in case:
– misuse of the Plot by the Lessee (paragraph 1.2 hereof);
– use of the Plot in a damaging manner;
– failure of the Lessee to pay the rental payments more than twice in sequence upon expiry of the fixed maturity;
– violation of terms and requirement to the minimum scope of construction stipulated by subclauses 3.1.1, 3.1.4 hereof;
– failure of the Lessee to fulfill the obligations related to the Plot land planning documentation designing and development. The land planning documentation shall be deemed undeveloped, and the Lessee in breach of the obligation related to the Plot land planning documentation designing and development if upon expiry of the periods specified in subparagraph 3.1.1 hereof land planning documentation is not approved by the authorized body due to complete or partial incompliance of the specified documentation with the existing law of the Russian Federation;
– non-compliance with requirements set by clause 1.2. of the Agreement, as well as failure (for two or more times) to rectify faults when performing architectural construction planning, housing and other construction;
– if the Lessee of the Formed Plot within the period by which it will become obvious that the Lessee will be unable to commence and complete housing and other construction on such a plot within the time set by subclause 3.1.4 of the Agreement;
– violation by the Lessee of terms set by article 7 of the Agreement by more than six months.
6.4. The Lessee shall be entitled to:
6.4.1. Assign the rights and obligations hereunder, under the Formed Plot Lease Agreement to a third person.
6.4.2. Apply to the court for early termination hereof in case of:
– failure of the Lessor to provide the Plot for the use by the Lessee or creation by the Lessor of preventions for use of the Plots according to terms and conditions hereof or assignment of the Plot;
– availability of defects in the Plot transferred by the Lessor, preventing from their use according to the purpose specified in paragraph 1.2 hereof, and not agreed by the Lessor upon entering herein, have not been known to the Lessee and could not be revealed by the Lessee during examination of the Plots upon entering herein;
– if the Plot, due to the events for which the Lessee is not held liable, is in the condition unsuitable for use according to paragraph 1.2 hereof.
Clause 7. Security for Fulfillment of the Obligations by the Lessee
7.1. Within 90 (ninety) calendar days from the date of entering herein, the Lessee shall provide the Lessor with the irrevocable bank guarantee (original), ensuring the fulfillment of the obligations related to complex development of the Plot for the purpose of housing construction (paragraph 1.2 hereof), and payment of the rental payments for the Plot. The guarantee amount shall be not less than the amount of annual rental calculated by means of multiplying of the rental amount per 1 sq. m specified in the auction results report by total area of the Plot.
If the Formed Plots sales and purchase agreements, the Formed Plots Lease Agreements have been entered into, the Lessee shall provide the irrevocable bank guarantee to the Lessor ensuring fulfillment of the obligations specified subclauses 5.3.3, 5.3.4, 6.2.8-6.2.11 hereof, and obligations to make rental payments for the Formed Plot (only if the Formed Plot Lease Agreement is entered into) to the amount of annual rental for the Formed Plot.
7.2. The irrevocable bank guarantee shall be accepted by the Lessor as the security of fulfillment of the obligations specified in clause 7.1 hereof subject to its compliance with the existing law of the Russian Federation, compliance of its validity period with the obligations validity period specified in clause 7.1 hereof increased by 3 (three) months, and subject to availability therein of:
7.2.1. Specifying the amount within which the bank guarantees the fulfillment of the obligations hereunder and which may not be less than specified according to paragraph 7.1 hereof.
7.2.2. References hereto, the Formed Plot Lease Agreement, the Formed Plot Sales and Purchase Agreement, including reference to the Parties, the subject matter, basis for entering into it specified in the preamble hereof, the Formed Plot Lease Agreement, the Formed Plot Sales and Purchase Agreement.
7.2.3. Reference to the consent of the bank related to amendments and supplements made to the Agreement, the Formed Plot Lease Agreement, the Formed Plot Sales and Purchase Agreement shall not release it from its obligations under the respective irrevocable bank guarantee.
7.3. The Lessee shall be entitled to ensure fulfillment of the obligations specified in clause 7.1 hereof by successive irrevocable bank guarantees within the term of the Agreement, Formed Plot lease agreement, Formed Plot sale-and-purchase agreement.
If the fulfillment of the obligations is secured by successive irrevocable bank guarantees, the Lessee shall provide the Lessor with the original of the irrevocable bank guarantee within 30 (thirty) calendar days before the expiry of the previous irrevocable bank guarantee validity period.
7.4. If the irrevocable bank guarantee is terminated due to the liquidation of the guarantor, impossibility to execute the irrevocable bank guarantee or otherwise for which neither party is responsible, the Lessee shall provide the Lessor with a new irrevocable bank guarantee with the period of validity beginning no later than the expiry date of the irrevocable bank guarantee. Other terms and conditions of the new irrevocable bank guarantee shall be similar to the terms and conditions or better than the terms and conditions of the expired irrevocable bank guarantee.
7.5. If the irrevocable bank guarantee is expired due to the Lessee’s transaction, resulting in assignment of the rights and obligations hereunder, the Formed Plot Lease Agreement, the Formed Plot Sales and Purchase Agreement, the lessee or the buyer to whom such rights and obligations have been assigned shall secure their fulfillment by a new irrevocable bank guarantee subject to the terms and conditions specified in paragraph 7.2 hereof within one month from the date of the state registration of transfer of rights and obligations hereunder, the Formed Plot Lease Agreement, the Formed Plot Sales and Purchase Agreement with the body, registering the rights for real estate and related transactions.
Article 8. Special provisions
8.1. In case of early termination of the Agreement, all the payments specified in Clause 4.1 hereof made by the Lessee before termination date of the Agreement are not to be returned by the Lessee.
8.2. Should the Agreement be entered into and fulfilled by the Lessee in terms of provision for housing and other construction with usage of credit facilities of the bank or any other credit institution or resources of a special-purpose loan raised by any other legal entities for the rights of the Lessee arising from the Agreement, then mortgage loans stipulated for by clauses 64.1 and 64.2 of Federal Law dd. July 16, 1998 «Regarding Mortgage Loans (Mortgage Security)’ does not arise.
8.3. In case of early termination of the Agreement upon request of the Lessor due to non-fulfillment or undue fulfillment of the Agreement by the Lessee, permanent improvements of the Plot, Formed Plots created as a result of works performance on the Plot preparation, Formed Plots for comprehensive development performed before commencement of construction of the facilities of housing and other purpose shall pass into the Lessor’s ownership.
In case of early termination of the Agreement upon the Lessee’s request, the cost of permanent improvements of the Plot, Formed Plots, i. e. actual costs of the Lessee for preparation of the Plots, Formed Plots for their comprehensive development incurred by it before commencement of the construction of housing and other purpose are not to be reimbursed by the Lessor.
Article 9. Responsibility of the Parties
9.1. In case of non-fulfillment or improper fulfillment of the contractual terms, the Party which failed the contractual terms is liable to reimburse the losses caused including lost profits as provided for by the legislation of the Russian Federation.
9.2. In case of non-fulfillment of the obligations in time as stipulated for by sub-clause 3.1.1 hereof, the Lessor is entitled to require the Lessee for payment of the penalty in the amount of 0.15% of the amount for the right to enter into the Agreement as provided for by Clause 4.2 hereof, for every month of delay.
9.3. In case of non-fulfillment of the obligations in time as stipulated for by sub-clauses 3.hereof, as well as in case of violation of terms and requirements to minimal scope of housing and other construction (any of the stages) stipulated for by the Agreement, Formed Plots Lease Agreements, Formed Plots Purchase and Sale Agreements, the Lessor is entitled to require the Lessee payment of the penalty in the amount of 0,05% of annual lease payment for the Formed Plot calculated in the order stipulated for by sub-clause 4.5.2 hereof, for every month of delay.
9.4. In case of violation by the Lessee of terms stipulated for by paragraph second of clause 4.3, clause 4.4 hereof, the Lessor is entitled to require the Lessee the payment of the penalty in the amount of 0,15% of delayed payment amount for every day of delay.
9.5. In case of violation of terms stipulated for by sub-clauses 6.1.1, 6.2.1, 6.2.7 hereof, the Party is entitled to require the defaulting party payment of the penalty in the amount of 0,05% of the sum for the right to enter into the Agreement as stipulated for by clause 4.2 hereof, for every day of delay.
9.6. For violation of other terms stipulated for by the Agreement, the Party is entitled to require the defaulting party the payment of the penalty in the amount of 0,01% of the value for the right to enter into the Agreement as stipulated for by clause 4.2 hereof, for every day of delay.
9.7. Should the Plot, Formed Plots be used in violation of the purposes as stipulated for by clause 1.2 hereof, the Lessor is entitled to require the Lessee the payment of the penalty in the amount of 0.05% of annual lease payment for the Plot, Formed Plot calculated in the order established by sub-clause 4.5.2 of the Agreement, for every month of such usage.
9.8. The payment of funds being the penalty for non-fulfillment or undue fulfillment of the contractual terms shall be made by the defaulting party to the other Party to the account indicated in Clause 16 hereof.
9.9. Payment of the penalty does not relieve the Parties from due fulfillment of the obligations imposed on them.
Article 10. Validity
10.1. The Agreement shall be considered concluded and is valid from its state registration with an authority which performs state registration of rights to immovable property and transactions therewith.
Whereby, subject to clause 2 of article 425 of the Civil Code of the Russian Federation, the Parties establish that the provisions of the Agreement regarding acceptance of the Plot, accrual of lease payments for usage of the Plot and other conditions connected with it shall refer to the relations of the Parties arisen before conclusion of the Agreement.
10.2. The Agreement is valid until complete fulfillment by the Parties of the obligations imposed by the Agreement.
Article 11. Termination of the Agreement
11.1. The Agreement may be terminated:
– upon agreement of the Parties;
– upon request of one of the Parties – in a judicial proceeding in cases stipulated for by the legislation of the Russian Federation and the Agreement.
11.2. Upon termination of the Agreement, the Parties are liable to determine the future usage of the property located at the Plot, Formed Plots (if available).
Article 12. Force-majeure
12.1. The Parties shall be released from liability for non-fulfillment or undue fulfillment of their obligations hereunder, when it was caused by occurrence of force-majeure.
12.2. Upon occurrence of force-majeure, the Party which is not able to fulfill its obligations hereunder due to force-majeure, shall notify the other Party about it in three days in writing.
12.3. Upon occurrence of force-majeure, the validity of the Agreement shall be suspended until a moment established by the Parties.
Article 13. Modification of terms and suspension of construction.
Conservation of the facility
13.1. Modification of the contractual terms upon agreement of the Parties is not permissible, except for cases stipulated for by the Agreement as well as in case when amendment of the terms is caused with force-majeure, particularly, by changes of the legislation of the Russian Federation and other regulatory legal acts which affect the performance of the contractual obligations by the Parties and change in terms of the Formed Plots Lease Agreement – except for cases stipulated for by paragraph first of clause 5.5 hereof.
In these cases the Parties shall enter into an agreement which will regulate the order and deadline of relevant obligations.
13.2. The Parties are liable to notify each other of circumstances which may cause suspension of construction and conservation of the facility immediately, but in any case – not later than five working days after having been informed of such circumstances.
In the presence of circumstances testifying a need of suspension the construction and conservation of the facility, the Parties are obliged to agree upon order, terms, total scope and distribution between the Parties of the costs for conservation of the facility and execute agreed terms of the facility conservation in form of additional addendum to the Agreement, Formed Plots Lease Agreement in regard to suspension of the construction and conservation of the facility.
13.3. After conservation of the facility the Lessee is obliged:
– in case of construction of the facility at the Formed Plot owned by the Lessee on a leasehold basis, to re-assign its rights to the Agreement in terms of a facility subject to conservation, or to the Formed Plot Lease Agreement or to perform state registration of the ownership right to a facility subject to conservation as a facility under construction and to perform disposal of the facility under construction to a third party with an obligation to complete the construction in time established by sub-clause 3.1.4 hereof;
– in case of construction of the facility at the Formed Plot owned by the Lessee on an ownership basis, to perform state registration of the ownership right to a facility subject to conservation as a facility under construction and to perform disposal of the facility under construction to a third party with an obligation to complete the construction in time established by sub-clause 3.1.4 hereof.
13.4. By state registration of the ownership right to the facility under construction, within seven days after obtaining of the state registration certificate the Lessee shall provide the Lessor with a copy of a given certificate and the cadastral certificate for the facility under construction.
Article 14. Miscellaneous
14.1. In case of any change in the address or other contact details, the Parties are liable to notify each other about it not later than seven calendar days after such changes.
14.2. All the matters not regulated by the Agreement shall be settled in compliance with the legislation of the Russian Federation.
14.3. All disputes and controversies which arise from fulfillment of the Agreement shall be settled by the Parties by means of negotiations.
14.4. Should the Parties fail to settle disputes under consideration in a judicial order as well as in case of refusal from holding negotiations, non-satisfaction of requirements of a relevant Party in essence, the dispute shall be referred to a court at the place of the Lessor’s location.
14.5. The Agreement is executed and signed in three counterparts of equal legal force, one for each Party, another one – for a body which performs state registration of rights to immovable property and transactions therewith.
Article 15. Supplements to the Agreement
Supplements:
1. Reporting form of the Lessee under the agreement (supplement to the Agreement)
2. Copy of the auction results minutes (inseparable part of the Agreement)
3. Copy of state registration certificate for the Plot
4. Copy of cadastral certificate of the Plot
Article 16. Addresses and contact details of the Parties
Lessor:
Russian Housing Development Foundation
Moscow, Slavyanskaya pl., H.4, block 1
Registered with Administration of Federal Tax Authority for Moscow on 28.08.2008 under primary state registration number (OGRN) , in witness whereof certificate of entry into Unified State Register of Legal Entities has been issued, series 77 № 000.
INN/KPP /.
Settlement Accountwith Sberbank of Russia, OJSC, correspondent Accountwith OPERU of Moscow GTU of Bank of Russia, BIC .
Lessee:
On behalf of the Lessor | On behalf of the Lessee | |
First Director General Deputy | ||
Anisimov Andrey Alexandrovich | ||
(signature) seal | (signature) seal |
