FACILITATION OF INACCURATIVE INFORMATION

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30.01.2020
ABOUT FACILITATING INACCURATIVE INFORMATION

DEAR INVESTORS!

ARCADA Bank has learned that the Office of the President of Ukraine, responding to an appeal from one of the investors of the Patriotyka Residential Complex, used information from the KSCA stating the impossibility of construction of the Patriotyka Residential Copmlex and the Evryka Residential Complex through termination on the initiative of the Kyiv City Council concluded with the JSCB "ARCADA" the lease of the respective land plots, issued earlier for the construction of the said residential complexes.

The information provided is untrue and indicates that the Kyiv City State Administration provided the Office of the President of Ukraine with incorrect and distorted information.

The claim that leases of land in the urbanization Osokorky-central Darnytsia administrative district of Kyiv, terminated by the decision of the Kyiv City Council is not true in view of the following.

01/31/2019 The Kyiv City Council adopted the decision №3 / 6659 on the termination of the leases of land plots concluded with LLC "Kontaktbudservis".

According to Part 1 of Art. 2 of the Law “On State Registration of Real Estate Rights and Burdens on Real Estate” State registration of real estate rights is a fact of official recognition and confirmation by the state of the facts of the emergence, transfer or termination of real estate rights by entering an appropriate record in the State Register of Rights.

Thus, the termination of the right to use the land plots comes from the moment of entering the relevant information in the State Register of Rights.

"Kontaktbudservis"LLC right to use the land plots is registered in the State Register of Rights.

The Department of Land Resources of the executive body of the Kyiv City Council (KSCA) in execution of the decision of the Kyiv City Council as of 31.01.2019 did not enter in the State Register of Rights a record of termination of the right of LLC "Kontaktbudservis" to use the land plots.

Thus, to date, land leases used by "Kontaktbudservis" LLC remain in force.

The Department of Land Resources of the executive body of the Kyiv City Council (KSCA) did not enter information on the termination of land lease agreements in the State Register of Rights, since it is not possible to enter the relevant record of termination of the right to use the land plots of LLC "Kontaktbudservis" with regard to the prohibition of committing the above actions, established:

1) the decision of the Economic Court of Kyiv dated 25.05.2018 in case No. 910/2902/18;
2) by the decision of the Economic Court of Kyiv dated 08.02.2019 in case No. 910/1424/19.

These injunctions are valid today.
 
 
In the existing registered right of KontactBudservis LLC to use the land cadastral numbers 8000000000: 96: 001: 0008, 8000000000: 96: 001: 0009, 8000000000: 96: 001: 0010, 8000000000: 96: 001: 0011, 8000000000: 96 : 001: 0013 Every interested person can make sure by checking the information in the public register open for free access.

It should also be noted that the decision of the Kyiv City Council dated 31.01.2019 №3 / 6659 to terminate the lease of land is unlawful, since any arrears of rent for land from the developer are absent, which is confirmed by the relevant certificate of the tax authority.

In connection with this, on 02.07.2019 the Economic Court of Kyiv upheld the position of the developer and made a decision on invalidation and annulment of the decision of the Kyiv City Council dated 31.01.2019 №3 / 6659, which provided for the termination of the leases of land plots intended for the construction of R/C "PATRIOTYKA ON THE LAKES".

It should be mentioned that the above mentioned situation is not related in any form to the R/C «PATRIOTYKA». Which is more the mentioned fact aren`t related to the R/C«ЕVRYКА», since the construction of this object is made based on the according Agreement with the Kyiv National University of Taras Shevchenko on the land plots of State property that are in the possession of the university based on the right of permanent usage.