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En - 1. Соглашение о Строительстве (Многоквартирные Дома)
En - 1. Соглашение о Строительстве (Многоквартирные Дома)
En - 1. Соглашение о Строительстве (Многоквартирные Дома)
___________, 202_
Minsk district
have concluded this agreement (hereinafter referred to as the "Agreement") as follows below:
Floor:
1.2. The Buyer undertakes to acquire title to the registered residential non-documentary convertible
non-income producing bonds (hereinafter referred to as the "bonds") in the process of their
placement on the following conditions:
Bonds
Number (amount) of the bonds:
Equivalent of the nominal value of one 1 (one) square meter of the total floor area of the
bond: residential premises
Total equivalent of the nominal value ______ square meters of the total floor area of the
of the bonds: residential premises
Nominal value of one bond:
The sum of the nominal values of the _______ (________________) Belarusian rubles
bonds:
Contractual price of one bond: Amount in equivalent
_______________________ US dollars*
Total contractual value of the bonds = Amount in equivalent
The cost of the residential premises _______________________ US dollars*
(the amount of money to be paid for
the cost of the residential premises):
1.3. Material provisions of the Agreement, as well as the conditions for purchasing the residential
premises by the Buyer are:
the Buyer's obligation to acquire ownership of/ to rent from the Seller
_______________(a parking space/ non-residential premises/ shares in the right to non-
residential premises) according to standalone agreement (contract) No. _________ dated
___________, (hereinafter referred to as the "Standalone agreement");
joining the Housing Cooperative by the Buyer or another organization (body) created for
the management and operation of the common property of the joint homeownership that is part
of a Block of residential buildings (hereinafter referred to as the Operating Organization), taking
into account the conditions of Annex No. 2;
conclusion of contracts with the Operating Organization, the list and main conditions of
which are given in Annex No. 2.
3. CONSTRUCTION DEADLINES
3.1. Estimated date of completing the
construction of the Residential building
Construction completion date is the date when the Seller approves the Act of acceptance of the
Residential building into operation with completed construction works.
3.2. The Seller can unilaterally change the deadline for completing the construction of the Residential
building in the event of extending the deadlines set for the performance of construction and
installation works in the course of the construction of the Residential building due to
circumstances beyond the Seller's will (including through the fault of the contractor(s) (other
counter-agents of the Seller)), amendments in the Project Documentation of a Residential
building, suspension of the construction of the Residential building. The deadline is changed for
the period of time required to complete the construction.
3.3. When the Residential building is accepted into operation during a period that is unfavorable for
the performance of certain types of work, the Seller has the right to unilaterally postpone the
deadline for the performance of such works for a favorable period of the year.
3.4. The Seller has the right to accept the Residential building into operation before the scheduled
date and transfer the residential premises to the Buyer, whereof the Seller should notify the
Buyer within the time, in the form and in the manner established by the Seller. In this case, the
Seller may demand early fulfillment by the Buyer of his/her obligations regarding the
purchase of the Bonds and making payments, as well as acceptance by the Buyer of the
residential premises. If the Seller announces the early repayment of the Bonds, and if
the Buyer expresses the intention to receive the residential premises upon the early
repayment, the Buyer should fulfill the obligations to purchase the missing amount of
the Bonds before the scheduled date (no later than 7 (seven) business days before the
date of the early repayment of the Bonds).
4. COLLATERAL
4.1. The fulfillment of the Seller's obligations in respect of the Bonds (at the time of signing the
Agreement) is secured by the pledge of real estate/ by the surety.
4.2. The Buyer agrees to and provides the Seller with the right to perform the following actions
without additional approvals:
change the method of securing the fulfillment of the Buyer's obligations in respect of the
Bonds
change the subject of the pledge/ the guarantor
make appropriate changes to the bonds issue prospectus and the decision on the issue of the
bonds.
If the pledge of immovable property is used as a collateral, the pledgor specified in the bonds
issue prospectus has the right to alienate the pledged item, transfer it for rent or gratuitous use
to another person or otherwise dispose of it without obtaining the Buyer's consent.
4.3. The Buyer notifies the Seller of his/her intention to receive the residential premises upon the
repayment (early repayment) of the Bonds, and guarantees its unalterability. The amount of
funds in the amount of 20% of the nominal value of the Bonds owned by the Buyer is used as a
collateral of the unalterability of the Buyer's intention. The Seller withholds this amount from the
nominal value due to the Seller upon the repayment (early repayment) thereof, if the Buyer
claims to receive the nominal value of the Bonds instead of receiving the premises.
6. EXECUTION PROCEDURE
Construction
6.1. The Seller organizes and ensures the construction of the Residential building in accordance with
the Project Documentation of a Residential building, the requirements of the mandatory Technical
Statutory Legal Acts, Construction Standards and Regulations (taking into account design
solutions, features and withdrawals defined by the Project Documentation of a Residential
building);
6.2. The Seller has the right to unilaterally change the Project Documentation of a Residential building
in the course of further design and construction without additional coordination with the Buyer;
6.3. The Buyer has the right to receive information from the Seller about the progress of the
construction.
the Seller has the right not to transfer the residential premises to the Buyer until the Buyer
fully fulfills his/her obligations under the Agreement.
6.8. Within 30 days from the start of the repayment (early repayment) of the Bonds, the Buyer should
accept from the Seller the residential premises (including a set of furniture and equipment, if its
installation is provided for by the Agreement) according to the transfer and acceptance act
(hereinafter referred to as the Act).
6.9. When signing the Act, the Seller should hand over to the Buyer a set of keys and documents
necessary to register the occurrence of the ownership right to the residential premises.
6.10. The Buyer shall indicate his/her comments on the technical condition of the residential premises
during its acceptance in the annex to the Act. If the comments are justified, the Seller should
eliminate them by its own efforts and expenses, or by the efforts and expenses of third parties
engaged by the Seller, within the time agreed by the parties.
Acceptance of double-glazed windows installed in the residential premises is carried out in
accordance with the Standards of the Republic of Belarus EN 1096-1-2015:
- look-over is carried out from a distance of at least 3 meters to the glass in natural light;
- look-over of each window shall take no more than 20 seconds.
The parties agreed that only those defects that were identified and declared during the
acceptance in accordance with the look-over method described above can be recognized as
reasonable comments on the quality of the glass (both coated and uncoated), and are recognized
as unacceptable defects in the outer appearance of the glass according to the criteria of the
Standards of the Republic of Belarus EN 1096-1-2015.
6.11. If the comments of the Buyer on the condition of the residential premises do not obstruct using
(exploiting) the residential premises for its intended purpose and/or the performance of finishing
works by the Buyer, this should not be a reason for refusing to accept the residential premises
and to sign the Act, as well as registering the Buyer's rights to it and obtaining a set of keys from
the residential premises.
6.12. In the event that the Buyer refuses (evades) to accept the residential premises, to receive a set of
keys from it and/or the related documents, the Seller shall sign the Act unilaterally and send it to
the Buyer by certified mail with return receipt to the details specified in the Agreement. In this
case, the Act is considered to be signed by both parties, and the residential premises (including
the keys and the specified documents) is considered to have been accepted by the Buyer. This
means that from the date the Seller signs the Act unilaterally, the Buyer acquires obligations for
the maintenance and operation of the residential premises (including ensuring the safety of the
residential premises), as well as for the transfer of the Bonds to the Seller's "depot" account.
Exploitation
6.16. The Buyer undertakes to reimburse the Seller’s expenses for the maintenance and operation of the
residential premises and the common property of the joint homeownership, which the Seller has
incurred during the period from the moment of the acceptance of the Residential premises into
operation until the moment of state registration of the Buyer's ownership to the residential
premises. The Buyer shall reimburse expenses by transferring funds to the Seller's settlement
account based on the Seller's invoice within 7 (seven) banking days from the date of the receipt of
the invoice by the Buyer.
6.17. The Buyer is not entitled to carry out finishing works, redevelopment or reconstruction of the
residential premises, engineering and communication networks, systems and equipment until
carrying out the state registration of the Buyer's ownership to the residential premises and receipt
of the title documents.
6.18. The Buyer undertakes to ensure the safety of the residential premises and its elements, equipment
and engineering systems. For this purpose, the Buyer undertakes to exploit it in accordance with
the operating manuals (recommendations) that the Buyer can receive:
from the Seller during the transfer of the residential premises,
on the website of the Seller and/or the Operating Organization,
in the A100 Comfort mobile app,
on the website of manufacturers of materials, structures, equipment that were used in the
construction of the Residential building.
6.19. The residential premises can be equipped with water leakage protection system, smoke detectors,
burglary and penetration prevention systems or other security systems (if they are provided for by
the Agreement or the Project Documentation of a Residential building). The Buyer undertakes to
observe precautions and safety measures, requirements of fire safety standards, as well as to
remain vigilant inasmuch as the residential premises were not equipped with such protection
systems, as soon as the listed equipment does not provide for full protection of the residential
premises and the Buyer's property from fire, flooding/ leakage, burglary/ penetration by
unauthorized persons.
6.20. In order to ensure the architectural integrity of the interior space of the Residential building and a
uniformity of the entrance doors to the apartments, including entrance doors to the residential
premises purchased by the Buyer, the Buyer is recommended, when replacing the entrance door
to the residential premises, to adhere to the design code established by the Seller, description of
which can be obtained from the Operating Organization.
7. WARRANTY PERIOD
7.1. The warranty period for the residential premises is 3 (three) years from the date of the
acceptance of the Residential building into operation.
7.2. The warranty period for technological and engineering equipment, materials, as well as a set of
furniture and equipment (if its installation is provided for by the Agreement) is set by the
manufacturing facility.
7.3. The Seller is not responsible for the defects found within the warranty period if they arose as a
result of improper operation of the residential premises, including improper operation of
equipment, engineering systems (communications) and networks by the Buyer or third parties, as
well as alterations, reconstructions, remodeling of the residential premises; the Seller is also not
responsible for the defects that at the time of the acceptance of the residential premises by the
Buyer were evident, but were not reflected in the transfer and acceptance act.
7.4. If hidden defects are revealed during the warranty period, the Parties shall record them in the Act
that is signed by both parties. The Seller shall eliminate the recorded defects at its own expense
and within the term specified in the relevant Act as agreed by the Parties.
7.5. The deadline for eliminating the deficiencies should be reasonable, but not less than the deadline
provided for the performance of a particular type of work in accordance with the regulatory and
technical documentation (statutory deadline) of the Republic of Belarus. The parties may agree to
extend or postpone the statutory deadline for the performance of works.
before the Bonds repayment start date or before the Bonds early repayment start date, the
Buyer acquires ownership of (pays for) the Bonds in the amount less than the total amount
of the Bonds provided for by the Agreement;
the Buyer violates at least one of the deadlines of payment for the Bonds specified in the
Agreement (regardless of the number of days overdue and the amount not paid on time);
within the period specified by the Seller, the Buyer does not conclude a Standalone
agreement with the Seller, or such agreement is terminated;
the Buyer violates at least one of the payment deadlines, including payment of the
financial collateral (regardless of the number of days overdue and the amount not paid on
time), established by the Standalone agreement.
9.6. The Seller shall notify the Buyer in writing about the unilateral refusal to execute the Agreement
by sending a letter to the Buyer's details specified in the Agreement, or against signature with
written acknowledgement of the receipt, or by e-mail. The Agreement is considered terminated
from the moment specified in the Seller's notification.
Validity period
10.4. The Agreement comes into force from the moment of its signing by the parties and is valid until
the parties fully fulfill their obligations.
Exchange of information
10.5. The Parties use the following methods of transmitting information – notifications, messages,
demands, notices, claims:
E-mail
SMS mailing, messengers
Sending by post.
Personal data
10.7. The Buyer agrees to provide his/her personal data specified in the Agreement, as well as the
characteristics of the purchased residential premises to the Operating Organization or other
organization established for the exploitation of the common property of the Block of houses, as
well as to the Seller's depository.
Dispute resolution
10.8. In case of disputes arising on issues stipulated by the Agreement or in connection with it, the
parties will take all measures to resolve them through negotiations. In case of failure to reach an
agreement, all disputes arising from or in connection with the Agreement, including those relating
to its execution, violation, termination or invalidity, shall be referred to court at the Seller's
location.
The applicable law is the substantive law of the Republic of Belarus.
Annexes
10.9. The following Annexes are an integral part of the Agreement:
Annex No. 1 – Description of the residential premises and the Residential building (housebuilding
object);
Annex No. 2 – Agreement on the procedure for managing the common property
Annex No. 3 – Rules of good neighborliness. OR Annex No. 3 –Rules of GOLF COURSES.