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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of August 11, 2016 No. 309

About completion of construction of sports and tourist golf complex in the Minsk district

For the purpose of creation of conditions for completion of construction of sports and tourist golf complex in the Minsk district I decide:

1. Due to the non-execution by the Russian-Belarusian joint limited liability company "Golf Club" (further - SOOO "Golf Club") obligations on construction of sports and tourist golf complex in the Minsk district according to the Presidential decree of the Republic of Belarus of January 29, 2007 No. 56 "About construction of sports and tourist golf complex in the Minsk district" (The national register of legal acts of the Republic of Belarus, 2007, No. 30, 1/8310) to perform replacement of the customer (builder) on construction of the residential settlement, golf academy, the club house, objects of social, engineering and transport infrastructure as a part of sports and tourist golf complex (further - housing estate) according to the procedure, established by this Decree and other acts of the legislation.

Determine the customer (builder) of housing estate Green Harbour limited liability company (further - Zelenaya gavan LLC) with the right of adjustment of the project of building.

2. Zelenaya gavan LLC till December 31, 2030 at the expense of own and raised funds to provide:

2.1. construction and commissioning of housing estate, including objects of social, engineering and transport infrastructure which amount and functional orientation it is determined by the town-planning documentation approved in accordance with the established procedure;

2.2. content and operation of golf fields based on the agreement signed with the owner of these objects or other legal cause.

3. Zelenaya gavan LLC has the right to address for carrying out independent assessment of market value of the amount of the housing estate which is not completed by construction transferred to it. If the market value of amount of the transferred Zelenaya gavan LLC of the housing estate which is not completed by construction determined by results of independent assessment will be less than the cost calculated according to the legislation establishing replacement procedure of the builder in case of non-execution (violation) of obligations by the builder on creation of construction object, the cost of the transferred Zelenaya gavan LLC of amount of the housing estate which is not completed by construction is determined according to the conclusion about assessment.

4. Return of Zelenaya gavan LLC of money to the shareholders who signed with SOOO "Golf Club" agreements of creation of objects of shared-equity construction as a part of housing estate, and SOOO "Golf Club" in cases, stipulated by the legislation, establishing replacement procedure of the builder in case of non-execution (violation) of obligations by the builder on creation of construction object is performed in the amount of, not exceeding their shares in the cost of amount of the housing estate which is not completed by construction calculated taking into account the provisions provided in Item 3 of this Decree. Return is performed no later than one year from the date of receipt of Zelenaya gavan LLC of the statement of the corresponding person for return of money.

5. The shareholders who signed with SOOO "Golf Club" agreements of creation of objects of shared-equity construction as a part of housing estate and refused the conclusion of contracts of creation of objects of shared-equity construction with Zelenaya gavan LLC until return of Zelenaya gavan LLC of money shall give Zelenaya gavan LLC received by them according to the agreements of creation of objects of shared-equity construction signed with SOOO "Golf Club".

6. Determine that:

6.1. Zelenaya gavan LLC has the right to perform designing of housing estate in the queues allocated according to the approved town-planning documentation and the concept of building in the following procedure:

development of the architectural project of building (building queue) with conducting state examination and approval of the project documentation of stage "The architectural project";

development of the project documentation on the separate construction objects which are part of the approved architectural project of building (building queue) with conducting state examination and approval of the project documentation of stage "The architectural project".

To allocate to Zelenaya gavan LLC of the architectural project of building (building queue) having the right in case of development and the project documentation for the separate construction objects which are part of the approved architectural project of building (building queue) in the project documentation of stage "The construction project" stages of works with simultaneous performance of works on construction (concurrent engineering and construction) in the presence of the project documentation of stage approved in accordance with the established procedure "The architectural project" taking into account features of realization of housing estate;

6.2. the construction of housing estate is performed step by step with allocation in need of queues of construction and start-up complexes according to the schedules of their construction and financing approved with the Minsk regional executive committee;

6.3. prior to the beginning of construction of housing estate (the objects which are its part) of Zelenaya gavan LLC are made removal on the occupied parcels of land of fertile layer of earth in borders of the provided parcel of land, preserving it and further use, and also cutting down of wood and shrubby vegetation based on conditions of the act of the choice of the location of the parcel of land and according to the approved project documentation;

6.4. the construction of housing estate (the objects which are its part), and also the main engineering infrastructure is made by Zelenaya gavan LLC with the right of removal of objects of flora without implementation of compensation payments of their cost. The wood received at the same time is implemented according to the procedure, established by the legislation;

6.5. the parcels of land necessary for servicing of the real estate objects created as a result of construction of housing estate are provided to participants of shared-equity construction after completion of construction of these objects according to the procedure, established by the legislation. By provision of these parcels of land on the lease right the payment for the right of the conclusion of lease agreements is not levied.

7. Exempt Zelenaya gavan LLC till December 31, 2030 from the land tax for the parcels of land provided for construction and (or) servicing of the objects which are part of housing estate.

8. Non-operating incomes of Delta Bank private company for the purposes of the taxation income gained as a result of repayment of outstanding amounts of SOOO "Golf Club" which is written off at the expense of the created special reserves which assignments on creation were considered as a part of non-operating expenses of Delta Bank private company earlier is not included.

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