Cooperation Agreement in the Sphere of Realization of the Investment
Project in the Territory of Krasnodar Region
September 29, 2005
ą 61
Krasnodar Region Administration, hereinafter referred to as the
“Administration”, represented by Mr. Alexander TKACHEV, Head of
the Administration, acting on the basis of the Charter of Krasnodar
Region, on the one part, and “Kubanservice”, a limited liability
company, hereinafter referred to as “Kubanservice Ltd”, represented
by Mr. Petr Fedorovich PARINOV, General Director, acting on the
basis of the Articles of Association, on the other part, hereinafter
referred together to as the Parties, have reached a preliminary
agreement on the following:
I. SUBJECT OF THE AGREEMENT
1.1. Kubanservice Ltd. plans, with the purpose of strategic development
of its operation in the Russian Federation, to participate in realization
of the investment project of construction of a new port complex
“Kuban Sea Trade Port” in the territory of Krasnodar Region, the
total value of which is US$ 923 mln (Nine hundred twenty three million),
hereinafter referred to as the Investment Project.
1.2. The Investment Project will be realized by Technostar Ltd.
together with other investors and Krasnodar Region.
1.3. The Investment Project presupposes investments in the amount
of US$ 923 mln (Nine hundred twenty three million US Dollars) for
the purposes of construction of a new southern deep-water non-freezing
“Kuban Sea Trade Port” with a deep-water entrance canal (-16m) and
a wharfage for 33 berths, 9.25 km in total length, as well as 2.1
km wharfage with the depth near the cordon - 6.5 m for 14 berths.
Ten port handling specialized complexes will be located on the piers
of the new port, which will contribute to economic development of
the region and Russia, and to creation of new work-places. Besides,
after the port complexes are put into operation, the federal, regional
and municipal budgets will receive additional revenue from taxes
paid in the amount of US$111 mln annually. Investments will be made
at the expense of own and attracted funds.
II. INTENTIONS OF THE PARTIES
2.1. Kubanservice Ltd. intends:
2.1.1. to participate in establishment of JSC “Kuban Sea Trade Port”
as one of the founders and in construction of the port complex “Kuban”
in Krasnodar Region by means of investing of up to US$110 mln (One
hundred ten million US Dollars) through JSC “Kuban Sea Trade Port”
for the purposes of construction of handling complexes with the
total length of the wharf wall of not less than 1200 metres and
the total area of adjacent rear zones of not less than 172.8 ha,
including:
containers – with the wharfage of not less than 600 metres;
oil products – with the wharfage of not less that 600 metres;
2.1.2. The first line of “Kuban Sea Trade Port” is planned to be
put into operation in 2010 and the construction will be completed
in 2015;
2.1.3. to introduce highly effective technologies in cargo handling
in the territory of Krasnodar Region;
2.1.4. to participate in the programs of development of the social
and cultural sphere and improvement of the municipality of Temryuk
district (town) of Krasnodar Region;
2.1.5. In case of necessity, Kubanservice Ltd. will provide training
for local personnel at its own option and at its own expense in
the territory of Krasnodar Region or at the enterprises of the Company;
2.1.6. After all the port complexes of “Kuban Sea Trade Ports” are
put into operation, it is planned to provide for annual additional
returns to the consolidated budget of Krasnodar Region up to US$
21 mln;
2.1.7. to provide for creation of up to 1000 work-places at the
last stage of realization of the project and to put the production
to planned capacity.
2.2. Krasnodar Region Administration intends:
2.2.1. to render an assistance to JSC “Kuban Sea Trade Port” in
realization of the Investment Project in the order established by
legislation;
2.2.2. to provide for preferential terms of taxation to JSC “Kuban
Sea Trade Port” for the period of realization of the Investment
Project in accordance with the current legislation of the Russian
Federation and legislation of Krasnodar Region;
2.2.3. If JSC “Kuban Sea Trade Port” applies for support in the
form of financing of a part of interest rates for investment credits,
the Administration undertakes to consider the application in accordance
with the current procedure;
2.2.4. to participate in establishment of JSC “Kuban Sea Trade Port”:
Krasnodar Region represented by the Krasnodar Region Department
of Property Relations will be one of the founders of JSC “Kuban
Sea Trade Port”;
2.2.5. In accordance with the procedure, established by current
legislation, after JSC “Kuban Sea Trade Port” submits the required
documentation:
- by the decree of the head of Krasnodar Region administration,
to lease necessary land to the stated company for a term of 49 years
for construction and operations of the new sea port in the Temryuk
Bay in the area of the Tuzla spit and Chushka spit, construction
of a railway branch line to the new port;
- to co-ordinate the use of the necessary water area for location
of port complexes, the water area of the deep-water entrance canal
and near-port water area with the appropriate federal services;
- by the decree of the head of Krasnodar Region administration,
to permit the construction of the new port in the Temryuk Bay in
the area of the Tuzla spit and Chushka spit – JSC “Kuban Sea Trade
Port”;
2.2.6. to organize the support of the Investment Project;
2.2.7. to render an assistance and support in order to include the
investment project into the regional and federal program of economic
development of the region, and when considering a question of possible
financing of engineering networks and services, the entrance canal,
piers and a railway branch line at the expense of the federal budget
and partially at the expense of the regional budget;
2.2.8. to render JSC “Kuban Sea Trade Port” assistance during the
negotiations with the public authorities in the territory of Krasnodar
Region and on the federal level, as well as during the preparation
of required documentation, including the project documentation.
III. PROCEDURE OF DISPUTE SETTLEMENT
3.1. All disputes, arising from the present agreement, are to be
settled initially through negotiations.
3.2. In case of the failure to reach an amicable agreement, the
disputes are to be settled in accordance with the Russian Federation
legislation.
IV. FINAL PROVISIONS
4.1. The Parties consider the results of execution of the present
Agreement at the joint sitting every year before March 01, and,
if necessary, introduce clarity and make addenda to the Agreement.
4.2. All amendments and addenda to the present Agreement are to
be made in writing and signed by the Parties.
4.3. The present Agreement is made up in three copies, all of which
are equally valid.
4.4. The present Agreement enters into force from the time of its
signing by the Parties.
V. SIGNATURES OF THE PARTIES
5.1. Krasnodar Region Administration
35 Krasnaya st., Krasnodar
Krasnodar Region, Russian Federation
-signed- Seal:
Mr. Alexander Tkachev Krasnodar Region Administration
Head of Krasnodar Region Administration
5.2. Kubanservice Ltd
21 Kuznechnaya st., Krasnodar 350002
Krasnodar Region, Russian Federation
-signed- Seal: “Kubanservice”
Mr. Petr Parinov Limited Liability Company
General Director Krasnodar, Krasnodar Region
Kubanservice Ltd. Russia
3 (three) sheets have been numbered and laced up.
Seal: Russia, Krasnodar Region, city Krasnodar.
KUBANSERVICE Limited Liability Company
City of Krasnodar, Krasnodar Region, the Russian Federation.
October 11, 2005.
I, Batueva Stella Vladislavovna, acting as Martynov Igor Ivanovich,
notary in and for the notarial district of city Krasnodar, certify
the identity of this copy with the original document. I have identified
the copy with the original document and hereby certify that there
are no erasures, additions, crossed-out words, non-stipulated corrections
or any peculiarities in the latter.
Registered in the registration list under the number 9459-K.
Duty of 40 rub. according to tariff has been paid.
Acting as notary signature
Seal: STATE EMBLEM. NOTARY I.I. MARTYNOV
LOCATION: CITY KRASNODAR, KRASNODAR REGION.
NOTARIAL DISTRICT OF CITY KRASNODAR
INN 230800307116. License No. 115 dated 03.05.00
In this document 4 sheets have been numbered, laced up and
Sealed with the seal of the Notary of city Krasnodar.
Acting as notary signature
Seal: STATE EMBLEM. NOTARY I.I. MARTYNOV
LOCATION: CITY KRASNODAR, KRASNODAR REGION.
NOTARIAL DISTRICT OF CITY KRASNODAR
INN 230800307116. License No. 115 dated 03.05.00 |
