Lease of Enterprise Property

     To rent the FSUE “Rosmorport” real estate, located in the seaports of the Russian Federation, potential tenants should send a letter with an application about their intention to conclude a lease agreement for real estate of FSUE “Rosmorport” to the appropriate branch of the enterprise at the location of the real estate that is intended for rental.

     The potential tenant, if it is a legal entity, should attach the following documents to the letter:

     - notarized copies of the constituent documents of the potential tenant;

     - an extract from the Unified State Register of Legal Entities.

 

     Real estate objects of FSUE “Rosmorport” are leased in accordance with the procedure for conducting tenders or auctions for the right to conclude lease agreements, gratuitous use agreements, trust management agreements, and other agreements providing for the transfer of rights concerning state or municipal property.

     Information on bidding for the right to conclude a lease agreement for real estate is posted on the FSUE “Rosmorport” official website in the section “Bidding for the Right to Lease Enterprise Property” in the form of a hyperlink to the “Official website of the Russian Federation on the Internet information and telecommunications network” www.torgi.gov.ru where the notice and documentation of the relevant bidding are published.

     In accordance with the procedure for leasing federal property located in the seaport, which is under the economic jurisdiction of federal state unitary enterprises subordinate to Federal Marine and River Transport Agency, the main stages of leasing the property of FSUE “Rosmorport” within the competitive procedures include:

     - advance publication of information about real estate intended for rental on the FSUE “Rosmorport” official website;

     - consideration of received applications for the intention to conclude a lease agreement;

     - formation of a list of real estate for lease;

     - conduction of an independent appraiser's assessment of the value of real estate and the value of the rights to use leased real estate;

     - organization and holding of biddings for the right to conclude a lease agreement for the real estate object;

     - summing up the results of the bidding for the right to conclude a lease agreement for the real estate object;

     - signing of a lease agreement for the real estate object with the winner of the bidding;

     - agreeing of a signed lease agreement for the real estate object with Rosmorrechflot;

     - signing by the parties of an act of acceptance and transfer of the real estate object, after which the lease agreement for the real estate object is considered concluded.

     The average time of all procedures for leasing the FSUE “Rosmorport” property is about 5 months from the moment the submission of applications for the conclusion of a lease agreement starts till it enters into force.

      If potential tenants pretend to conclude a leasing contract without a tender:
       - on the ground of the paragraph 11 of the article 31 of the Federal Law dated 08.11.2007 №261-ФЗ, according to which the leasing contract on the federal real estate object may be concluded without a tender between an object owner and the party owning an adjacent sea port infrastructure real estate object, if this adjacent object is inseparably linked with the object of lease by it's technical characteristics, location and purpose, and provides technical progress in servicing in a sea port, or
       - on the ground of the article 17.1 of the Federal Law dated 26.07.2006 № 135-ФЗ, they should send to an appropriate branch a letter with the application for the FSUE “Rosmorport” real estate leasing.
      Following documents should be attached to the application:
       - notarized copies of potential tenant's articles of association;
       - extract from the Unified State Registry of Legal Entities;
       - written request to the Head of the Rosmorrechflot for the Resolution on the inseparable connection between an object of lease and the an adjacent sea port infrastructure real estate object, owned by a potential tenant;
        - substantiation of the presence of the the inseparable connection between an object of lease and the an adjacent sea port infrastructure real estate object, owned by a potential tenant, in which a potential tenant in the arbitrary proves that an adjacent object is inseparably linked with the object of lease by it's technical characteristics, location and purpose, and provides technical progress in servicing in a sea port;
       - notarized copies of the state registration of the rights on adjacent objects certificates.

     In accordance with the Leasing of federal property, located in a sea port and operated by Rosmorrechflot dependent FSUEs, Procedure Regulations and Administrative Rules of Rosmorrechflot for providing the state service on issuing reports on presence of inextricable connection between seaport infrastructure facilities representing real assets and on technical support of the services provided in a seaport, main stages of the leasing procedure wihout a tender are:
       - consideration and pre-examination of submitted applications by the FSUE “Rosmorport” branches and Headquarters;
       - transfer of potential tenant's application to the Rosmorrechflot, not later than 15 working days from the date of filing, to accept or to decline the Resolution on the inseparable connection between an object of lease and the an adjacent sea port infrastructure real estate object, owned by a potential tenant;
       - in case of Rosmorrechflot's decline, appropriate objects are still available for rent on a tender result;
       - in case of Rosmorrechflot's acceptance, an independent valuer estimates a property cost and a cost of usage rights;
       - after consideration of the report of an independent valuer, the FSUE “Rosmorport” Headquarters prepares a tender documentation and it's subsequent conclusion between the Enterprise and a potential tenant;
       - signed by both parties cotract is submitted for the Rosmorrechflot approval;
       - when Rosmorrechflot approves a leasing contract, it is to be submitted for state registration, after which it is considered to be concluded.
     Average duration of all the leasing procedures is about 5 months from the filing till the contract conclusion.
     If there are several persons with the right to conclude an agreement without holding a competition (auction) who want to exercise the right to conclude a lease agreement for a state-owned real estate seaport infrastructure facility, holding a competition (auction) between these persons is mandatory.