The identified cultural heritage object has a protective obligation. What documents are needed for a cultural heritage site?
Appendix 5 to the Administrative Regulations of the Ministry of Culture of the Moscow Region for the execution of the state function of formalizing the security obligations of owners and users of cultural heritage objects
PROTECTIVE OBLIGATION N ____ FOR THE CULTURAL HERITAGE OBJECT "___" __________ 200__ 2. Parties Obligations ___________________________________________________________________________ (name of legal entity or individual) represented by ___________________________________________________________________, (last name, first name, patronymic of the authorized person) acting on the basis of _________________________________________________, (document confirming authority ) hereinafter referred to as the "USER", on the one hand, and the Ministry of Culture of the Moscow Region - a specially authorized body in the field of protection of cultural heritage sites of the Moscow Region represented by ____________ ________________________________________________, acting on the basis of (last name, first name, patronymic of the authorized person) __________________________________________________________________________, (name document certifying authority, number, date) hereinafter referred to as "GOSORGAN", on the other hand, in accordance with the Civil Code of the Russian Federation, the Federal Law "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation" dated 06/25/2002 N 73-FZ and the Law of the Moscow Region "On objects of cultural heritage (historical and cultural monuments) in the Moscow region" dated January 21, 2005 N 26/2005-OZ, entered into this security obligation for an object of cultural heritage, hereinafter referred to as the "Obligation", having accepted the following obligations on the maintenance, preservation and use of the cultural heritage site indicated below. 2. Cultural heritage site 2.1. The USER uses the cultural heritage object: _________________________________________________________________________, (name of the cultural heritage object, its address) under state protection in accordance with ____________________ ________________________________________________________________________________, (date and number of the document on placement under state protection) on the basis of _______________________________________________________________, (details of the title document) and assumes fulfillment of the obligations contained in the Commitment. 2.2. The condition of the cultural heritage object is reflected in the Certificate of the technical condition of the historical and cultural monument and the determination of the work plan for the monument and improvement of its territory (hereinafter referred to as the Certificate), which is an annex to the Security Obligation and its integral part. The Act also contains information about the features of the cultural heritage object that constitute the subject of protection.
3. Conditions of the Security Obligation
The USER exercises his rights and obligations in relation to the cultural heritage object provided for by the current legislation of the Russian Federation, in compliance with the terms of the Obligation.
GOSORGAN exercises the rights and responsibilities of a specially authorized body in the field of protection of cultural heritage objects provided for by the current legislation of the Russian Federation and the Obligation.
3.1. The USER is obliged to:
3.1.1. Bear full responsibility for the safety of the cultural heritage site and use it under _____________________________________ (type of use)
3.1.2. Coordinate with the GOVERNMENT AGENCY any changes to the intended purpose of the object specified in clause 3.1.1 or the actual nature of its use.
3.1.3. Organize, finance and (or) carry out work to preserve a cultural heritage site, including conservation, restoration, repair, adaptation of a cultural heritage site for modern use or other necessary activities.
3.1.4. Carry out the work specified in clause II of the Act.
3.1.5. Observe the deadlines (frequency) for carrying out work to preserve the cultural heritage site specified in the Act, comply with the written requirements received from the GOVERNMENT AGENCY for the quality and technical characteristics of materials and technologies used in performing the specified work, as well as for the qualifications of the personnel performing the specified work.
Individuals and legal entities who have a license to carry out work on cultural heritage sites may be allowed to carry out work.
3.1.6. Within 3 days from the moment of discovery during the work of archaeological and other previously unknown objects that can be classified as objects of cultural heritage, send a written message about this to the GOVERNMENTAL ORGANIZATION, and the latter, within 3 days from the moment of receiving such a message, is obliged to ensure arrival at the site the work of a specialist who has the knowledge and tools necessary to determine the cultural value of a discovered object.
In case of failure of a specialist to arrive within the established period, the USER is not responsible for the damage caused by his actions to the detected object.
3.1.7. When preparing design documentation and carrying out production work at a cultural heritage site, ensure their compliance with the norms and rules for carrying out repair, construction and restoration work at cultural heritage sites, and in cases provided for by the legislation of the Russian Federation, carry out production work at these sites with permission (or availability of approval) of the GOVERNMENT AUTHORITY and other executive authorities provided for by the legislation of the Russian Federation.
3.1.8. After completing work on conservation, restoration, repair, adaptation of a cultural heritage object for its modern use, submit reporting documentation, including a scientific report on the work performed, to the STATE ORGANIZATION within three months from the date of completion of the specified work.
3.1.9. Maintain the territory of the cultural heritage site in proper condition, do not allow it to be used for new construction, as well as for other economic needs without agreement with the GOVERNMENT AGENCY.
3.1.10. Immediately notify the GOVERNMENT ORGANIZATION of any damage, accident or other circumstance that has become known to the USER, causing damage to the cultural heritage site, its territory or threatening to cause such damage, and immediately take measures within the capabilities of the user to prevent further destruction, and also, if possible, immediately carry out necessary work to preserve it.
3.1.11. Insure a cultural heritage site in case of its complete or partial physical destruction, as well as civil liability, making timely and full payment of insurance premiums. Submit a copy of the insurance policy to the GOVERNMENT AGENCY within two months.
3.1.12. If, upon the occurrence of an insured event under insurance contracts, the paid insurance compensation does not cover the actual damage caused to the property, the USER is obliged to eliminate the damage caused in full at his own expense, and the difference between the insurance compensation and the actual damage may be recovered by the USER from the causer of the harm.
3.1.13. Carry out repair and restoration work, as well as other work at the cultural heritage site in accordance with the design and estimate documentation agreed with the GOVERNMENT AGENCY and when the GOVERNMENT AGENCY carries out technical supervision of the work.
The agreed design and estimate documentation is transferred to the GOVERNMENT AGENCY BY THE USER free of charge in 1 copy within 10 days from the date of receipt by the USER of the agreed documents.
3.1.14. Ensure unimpeded access to the territory and premises of the cultural heritage site by representatives of the GOSPEL ORGANIZATION to monitor the implementation of the rules for the protection and use of the cultural heritage site and its scientific examination in the manner agreed upon by the parties.
3.1.15. Ensure the procedure and conditions for citizens’ access to a cultural heritage site, including for scientific and educational purposes, by prior agreement.
3.1.16. Do not use the territory of the cultural heritage site:
For parking of heavy vehicles, warehouses and production of explosive and flammable materials, materials that pollute the facade of a cultural heritage site, territory and water bodies, as well as materials with harmful vapor and other emissions;
For production facilities that have equipment that has a dynamic and vibration effect on the structures of a cultural heritage site, regardless of their power;
For production and laboratories associated with unfavorable temperature and humidity conditions for the cultural heritage site and the use of chemically active substances.
3.1.17. If secondary rights to an object of cultural heritage arise, it is necessary to notify the GOVERNMENT ORGANIZATION.
3.1.18. Ensure that when transferring the right to use a cultural heritage object to third parties, these persons comply with the terms of the Security Obligation.
3.1.19. Carry out internal redevelopment of premises at a cultural heritage site with the written consent of the GOVERNMENT AGENCY.
3.1.20. It is mandatory to coordinate with the GOVERNMENT AGENCY the construction of extensions, changes in the architectural appearance of a cultural heritage site, reconstruction, as well as excavation work and other economic activities on the territory of a cultural heritage site.
3.1.21. Eliminate, at your own expense, within the period determined by the instructions of the GOVERNMENT AUTHORITY, unauthorized reconstruction or alteration of a cultural heritage site.
3.2. GOVERNMENT AGENCY is obliged:
3.2.1. To promptly and free of charge provide the USER with scientific, methodological and advisory assistance related to ensuring the regime of maintenance and use, carrying out repair, restoration and other work on the cultural heritage site.
3.2.2. Conduct regular (at least once every five years) technical inspection of the cultural heritage site with the preparation of a Technical Condition Report.
3.2.3. Within a month, review the design and estimate documentation submitted by the USER for repair, restoration and other work carried out on the cultural heritage site.
3.2.4. Carry out technical supervision over the production of repair and restoration work.
3.2.5. Provide assistance in attracting specialized restoration organizations to carry out design and production work on a cultural heritage site.
4. Monitoring the fulfillment of the Obligation
4.1. THE STATE ORGANIZATION supervises the progress and quality of repair, restoration, and conservation work at a cultural heritage site, as well as work on its adaptation.
4.2. THE GOVERNMENT AGENCY monitors the technical condition of the cultural heritage site and the USER’s compliance with the terms of the Obligation.
4.3. GOSORGAN has other rights provided for by the current legislation of the Russian Federation.
5. Sanctions
5.1. Violation by the USER of the conditions of maintenance of a cultural heritage object and (or) commission of actions that threaten the safety of this object and entail its loss, and (or) failure to comply with the terms of the Obligation imposes liability on him in accordance with the legislation of the Russian Federation and the laws of the Moscow region.
6. Entry into force, duration, termination and modification of the Obligation
6.1. The obligation comes into force from the moment it is signed by authorized representatives of the parties.
6.2. When withdrawing a monument, the OWNER is obliged to hand it over to the GOVERNMENT AGENCY in complete safety with all permitted alterations and reconstructions.
6.3. The procedure for making changes or terminating the Obligation is governed by the legislation of the Russian Federation.
6.4. Any changes to the Obligations are carried out by agreement between the GOVERNMENT AUTHORITY and the USER and are drawn up in the form and manner prescribed by the legislation of the Russian Federation and the Moscow region.
7. Other conditions
7.1. The parties undertake to resolve through negotiations all controversial issues arising in the process of fulfilling the Security Obligation. Disputes not settled directly by the parties are resolved in accordance with the established procedure.
7.2. If any provision of the Obligation becomes invalid, this does not invalidate the validity of its remaining provisions.
7.3. This Security Obligation is an agreement to establish an encumbrance in the form of a restriction of ownership of a real estate object in terms of fulfilling the terms of the Security Obligation and is subject to registration in the manner established for registration of real estate encumbrances. The parties, within 3 months after signing the Security Obligation, submit documents for state registration to the federal executive body authorized in the field of state registration.
7.4. If the addresses and bank details of the parties specified in the Commitment change, the parties notify each other about this within 10 days.
In the absence of such notification, any documents delivered to the addresses or using the details of the parties contained in the Obligation will be considered duly delivered.
7.5. The obligation with its annexes is drawn up in 2 copies (one for each party), having equal legal force.
8. Details of the parties
USER: ____________________________________________________________ Address: _________________________________________________________________________ OGRN _________________ Date and place of registration ___________________________ ___________________________________________________________________________ Bank details ____________________________________________________________ ___________________________________________________________________________ GOVERNMENTAL ORGANIZATION: Ministry of Culture of the Moscow Region Address: _________________________________________________________________________ OGRN ___________________ Date and place of registration _________________________ ___________________________________________________________________________ Bank details ____________________________________________________________ ___________________________________________________________________________Applications:
1. Certificate of technical condition of a historical and cultural monument and determination of the work plan for the monument and improvement of its territory on the day of issuance of the Security Obligation on ____ sheets.
2. Photographic recording of a cultural heritage object on ____ sheets.
Signatures
GOVERNMENT AUTHORITY USER _____________________________ _______________________________ M.P. M.P.Recently I was approached by a seller who had entered into a purchase and sale agreement for an apartment located in a building that is a historical and cultural monument. This object of cultural heritage may not be worth a word, however, the protective obligation of the owner, which was forgotten at the time of registration of the transaction, exists.
His registration was suspended and a number of requirements were put forward for the purchase and sale agreement of a cultural heritage property.
Why was the registration of transfer of rights suspended?
- The state registrar in Rosreestr suspended the registration of the transfer of rights because the purchase and sale agreement was ordinary. That is, it did not contain any mention of the protective obligations that the future owner must assume (after registering his ownership of the cultural heritage object).
- In addition, there was no passport for the cultural heritage site or a certificate stating that the passport had not been drawn up. In our case, the owner in the city Department of Culture (he is in charge of the protection of historical and cultural monuments) was given a certificate stating that a passport for this knowledge, as a monument of history and culture, was not produced (is missing).
We have resolved this issue. And yesterday, in the same building, a historical and cultural monument of local significance, retail space was rented out. So, we practiced on both residential and non-residential cultural heritage sites protected by law.
I propose a scheme by which the issue of drawing up a contract of sale and lease of objects recognized as historical and cultural monuments of local significance is resolved.
Agreement for a cultural heritage site
What documents are needed for a cultural heritage site?
When registering the transfer of ownership or a lease/sublease agreement for a historical and cultural monument, the Rosreestr registrar will require you to:
- passport of a cultural heritage object or a certificate stating that the passport was not drawn up (original + copy);
- security obligation (original + copy);
- additional conditions in the text of the agreement (purchase and sale, lease, sublease, exchange, donation).
The rest of the documents are as usual.
In July-early August 2015: state agencies for the protection of monuments did not enter into security obligations, because a new form of secret police was being agreed upon. And for transactions they issued certificates, for Rosreestr this was enough.
Where to get information for an agreement on a cultural heritage site
Read the security notice carefully. It contains all the necessary information, which can only be duplicated in the contract or an appendix to it (make an appendix to the contract with inserted scans of all pages of the document: security obligation with appendices, make a note in the appendix that the buyer or tenant has read):
- a list of the owner’s obligations to protect the property;
- inventory or list of the technical condition of the monument (the building itself and the interior);
- schedule of protection measures - a plan for repair and restoration work and landscaping of the territory (not always available).
In addition, the security obligation provides for the mandatory conclusion of a similar security obligation by the new owner of the monument or its tenant (subtenant).
What needs to be specified in an agreement for a cultural heritage site
- Notify the buyer (tenant, subtenant) that the object is a monument(history-architecture, cultural heritage object - see the wording in the obligation and passport of the cultural heritage object);
- Transfer composition of protection obligations - indicate what specific obligations exist (copy from the protective obligation or scan this part of the text and paste as a drawing if there is too much rewriting).
- Describe the technical condition of the cultural heritage object (copy from the security obligation or act to the secret police. Or insert a scanned image into the text).
- Mention the plan and timing of repair and restoration work and landscaping of the territory (if they are contained in the obligation to protect the monument).
- Notify the buyer (tenant, subtenant) that when transferring ownership rights (purchase and sale, exchange, donation) or when acquiring the right to use (lease, sublease), the new owner or tenant is required to enter into a similar security obligation.
Please note that the security obligations and technical condition of a cultural heritage site can be a large document, spanning several pages. Therefore, it is more convenient to list protection obligations not in the text of the treaty itself, but in the annex to it.
Here are samples of the wording of clauses on security obligations, and everything else necessary for concluding an agreement for an apartment or non-residential object of cultural heritage.
An example of a clause in an agreement on the existence of security obligations for a cultural heritage site
The Buyer (Tenant, Subtenant) is aware that the Apartment (Premises) is a monument of architecture and urban planning of local importance, under state protection, and the Lessor on May 18, 2013 assumed a protective obligation for the preservation, maintenance and use of the non-residential premises of the immovable historical monument and culture at number 48.
The Buyer (Tenant, Subtenant) undertakes, after concluding this agreement, to conclude with the Municipal Authority for the Protection of Monuments represented by .... (name of the local government authority responsible for the protection of monuments), a similar protective obligation for the Apartment (Premises). The tenant's responsibilities for the protection of the Apartment (Premises) as an object of cultural heritage and the technical condition of the Apartment (Premises) are contained in Appendix 1 to this agreement.
And in the obligations of the tenant:
Use the Premises without causing harm during the rental period in accordance with the restrictions provided for in paragraph ... of the Agreement and, in accordance with current legislation, within 30 calendar days from the date of signing the Agreement, independently draw up a Certificate of Technical Condition of the Premises and obtain copies of security obligations in relation to the Premises.
Sample Appendix to a lease agreement for a cultural heritage property
Appendix 1 to the lease agreement dated May 25, 2019
List of technical condition and responsibilities of the tenant to protect the premises
We, a citizen of the Russian Federation (all passport data), hereinafter referred to as the “Lessor”, on the one hand, and
Limited Liability Company "Business Sale in Tula", abbreviated name: LLC "Business in Tula", INN 00000000, OGRN 000000000, certificate of entry into the Unified State Register of Legal Entities about a legal entity registered before 07/01/2002: series 71 No. 00000, date of entry: December 14, 2002, name of the registration authority:………., KPP …….. address (location) of the permanent executive body of the legal entity: ………., represented by director Ivanov Ivan Ivanovich, acting on the basis of the Charter, hereinafter referred to as the “Tenant”, on the other hand, compiled this Appendix to the lease agreement dated May 25, 2013 for non-residential premises No. 225, located in building No. 1, on Lenin Avenue in Tula (hereinafter referred to as text called “Premises”), about the following:
- The Tenant is aware that the Premises has the status of an architectural and urban planning monument of local significance, under state protection, and is permitted to be used exclusively for retail or office space subject to the conditions provided for by the current legislation in the field of protection and use of cultural heritage sites (historical and cultural monuments) (text and permitted use - from the Security Obligation). In addition, the Tenant, who acquires the right to use the Premises under the lease agreement, assumes the following obligations, which, after concluding the lease agreement, he is obliged to consolidate in a security obligation by concluding it with the Municipal Authority for the Protection of Monuments - the Department of Culture of the Tula City Administration (hereinafter referred to as "Security Authority"):
(here you either write the full text, an example of which is given below, or insert scans of the commitment pages, which is much simpler).
1.1. Ensure the maintenance of the Premises, as well as carry out repair work aimed at preserving the architectural appearance, landscaping the area adjacent to the premises, and follow the one-time instructions of the Security Authority.
1.3. Maintain the territory adjacent to the Premises in a landscaped condition, do not allow this territory to be used for new construction and other economic needs, do not make any extensions to the Premises or alterations outside, do not carry out any excavation work in the territory adjacent to the Premises without special written permission Security agency.
1.4. Do not produce without permission from the Security Authority:
- no repair work, whitewashing or painting Premises: walls covered with paintings, modeling and items of internal equipment that are works of art;
- replacement of windows, doors and other structures.
1.5. Do not occupy the Premises for housing, either permanent or temporary, unless such use is stipulated by a security obligation.
1.6. Freely admit representatives of the Security Authority to monitor compliance with the rules for maintaining the Premises and the adjacent territory, security zones or for scientific examination.
1.7. Immediately notify the Security Authority of any damage, accident or other circumstance causing damage to the Premises, and promptly take appropriate measures against further destruction or damage to the Premises and to put it in order.
1.8. Have fire-fighting equipment in the Premises in accordance with the requirements of the fire protection authorities.
1.9. Promptly carry out maintenance, major repairs and landscaping work, regardless of the season, as well as repair and restoration work in accordance with the schedule presented in the technical condition report of the Premises.
1.10. Carry out all repair, restoration and other work on the Premises and its territory with the prior permission of the Security Authority. Provide these works with all scientific, design and technical documentation (surveys, measurements, projects). All materials for inspection, measurement, scientific and design documentation and materials for research and photographic recording of the monument premises are transferred by the Owner to the Protection Authority as they are produced within ten days after their approval and receipt in 1 copy, free of charge.
1.11. Provide citizens with access to the monument premises at regular intervals - the second and fourth Thursday of each month. Duration of access – from 15.00 to 18.00 hours.
1.12. If the Security Authorities discover unauthorized reconstructions or alterations that distort the premises of the monument, immediately eliminate them within the period determined by the order of the Security Authority.
1.13. In case of failure to complete repair and restoration work on time or violation of the rules for maintaining the Premises, its adjacent territory and security zones, as well as in the case of use other than for its intended purpose, eliminate the damage caused. And if the Premises are occupied by tenants, evict them in accordance with the established procedure.
1.14. In case of violation of the above obligations, bear criminal, administrative and other legal liability in accordance with federal and regional legislation.
1.15. According to the plan for repair and restoration work and landscaping of the territory, carry out the following work in the period from 2012 to 2016:
- preservation of the historical and architectural appearance of the premises and facade of the building;
- carrying out work on redevelopment, reconstruction, re-equipment, etc. carried out with mandatory agreement with the Security Authority and UAIG.
- improvement of the surrounding area.
- Technical condition of the Premises.
2.1. External architectural and structural elements.
2.1.1. General condition of the building: satisfactory.
2.1.2. Foundations: rubble stone, cracks.
2.1.3. Plinths and blind areas around them: the plinth is brick, there are cracks, the surrounding area is landscaped.
2.1.4. External walls: logs, lined with beige clapboard.
2.1.5. Roof (rafters, sheathing, roofing, gutters and pipes): slate with organized external drainage, some sheets are chipped.
2.1.6. Domes, tents, their design and covering: none.
2.1.7. External decorative decoration (cladding, painting, various decorations, cornices, columns, pilasters, stucco moldings, sculpture, painting on facades): no.
2.2. Internal architectural, structural and decorative elements.
2.2.1. General condition: satisfactory.
2.2.2. Floors: plank, insulated, there is a deflection in the beams.
2.2.3. Floors: tiles. Linoleum, satisfactory condition.
2.2.4. Walls, their condition, connections: internal partitions are planked, there are deviations from the vertical.
2.2.5. Pillars, columns: no.
2.2.6. Doors and windows: a white PVC entrance door has been converted from a window opening, the interior doors are simple. The condition is satisfactory.
2.2.7. Stucco, sculpture and other decorative decorations: no.
2.2.8. Painting (monumental and easel): absent.
2.2.9. Items of applied art (furniture, lighting fixtures, wood and metal carvings, etc.): none.
2.2.10. Garden, park, yard, gate and fence: adjacent territory, steps in satisfactory condition.
3. This list is an integral part of the lease agreement dated May 23, 2013, drawn up and signed in triplicate, one of which is stored in the Office of the Federal Service for State Registration, Cadastre and Cartography for……. region, one copy is issued to the parties to the agreement.
4. DETAILS AND SIGNATURES
I apologize for the clumsiness of some of the wording and the walls covered with “stucco” (yes, yes, I know it’s stucco)... the hand did not rise to correct what was listed in the obligation, that’s what it indicated. I would be happy and free of charge to edit the security bond file for the Department of Culture (not Tula, I just indicated the city as an example)... but who will give it to me)))
Purchase and sale, exchange, donation of a cultural heritage object
Using the same principle, you can draw up an Appendix for a contract of purchase and sale of a cultural heritage object, exchange or donation.
If you submitted an agreement for registration without mentioning that the house or building is a historical and cultural monument, then make an additional agreement. For an example text, see also the appendix, a sample of which is given above.
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Security agreement (obligation) No.
to a cultural heritage site (architectural monument)
“Moskovskaya Zastava. Trading shops, gg.” “Moskovskaya Zastava. |
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(name and location of the monument) cultural heritage site of regional significance |
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Kostroma | 2012 |
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Department of State Property and Cultural Heritage of the Kostroma Region
acting on the basis Regulations on the Department of State Property and Cultural Heritage of the Kostroma Region, approved by Resolution of the Governor of the Kostroma Region dated January 1, 2001 No. 000 , and hereinafter referred to as “ Government agency "on the one hand, and
acting on the basis
parties, in accordance with the Law of the Russian Federation “Fundamentals of legislation of the Russian Federation on culture” dated October 9, 1992 No. 000, Federal Law “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” dated January 1, 2001, by-laws and regulations acts and instructions, have entered into this security agreement (obligation) as follows:
1. General provisions.
(legal or individual)
undertakes, in order to further preserve the cultural heritage site, to fulfill this agreement, which ensures the regime of use of the historical and cultural monument and its territory |
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“Moskovskaya Zastava. Trading shops, gg.” “Moskovskaya Zastava. Trade tent, 1st floor. XIX century." |
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(name, dating of the monument) |
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located | |
(location) |
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4.1. The “Owner/User” is obliged to carry out conservation, repair, restoration work, adaptation and improvement work provided for in the list of the Security Agreement (obligation) of necessary work in accordance with the established deadlines for their completion. 4.2. All current and major repairs, conservation, restoration, adaptation of the monument (premises in the monument) are carried out by the “Owner/User” at his own expense, with his own materials, with the prior written permission of the “State Agency” and under its supervision. Providing the work with technical documentation (inspection, measurements, a project for major repairs or restoration of a monument, a design for adaptation, etc.) is carried out by the “Owner/User”. Design materials are subject to approval by the State Agency. 4.3. All materials on the survey, photographic recording, measurements of the monument, scientific and design documentation, reports on work performed are transferred by the “Owner/User” to the State Agency within a month after their approval in 1 copy free of charge. 5. Sanctions 5.1. In case of detection of unauthorized reconstructions or alterations, extensions that distort the original appearance of the monument, they must be immediately eliminated at the expense of the “Owner/User” within the period determined by the unilateral requirement of the “Government Agency”. 5.2. In cases of violations, penalties are imposed on the “Owner/User” based on the regulations in force at the time of recording violations. Payment of the fine does not relieve the “Owner/User” from fulfilling the violated obligation and reimbursement of the cost of restoration work. 5.3. Violation of the requirements of the protection agreement, which threatens the loss of the monument’s significance, entails the confiscation of the monument from the “Owner/User” in the manner established by the legislation of the Russian Federation. 6. Special conditions
In accordance with Art. 45 Federal Law of 01.01.01 “On cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation” all work at the site is carried out by specialists licensed to carry out this activity at cultural heritage sites (historical and cultural monuments), with written permission and in accordance with the agreed documentation (project) by the body for the protection of cultural heritage sites in the manner prescribed by law. A report on the work performed is submitted to the State Agency 7. Final provisions 7.1. The validity period of this security agreement is established for the duration of the presence of the specified monument with the “Owner/User”. In case of alienation of the monument, the “Owner/User” is obliged to notify the “Government Agency” about this at least 1 month in advance. 7.2. If the details change, the parties notify each other within 10 days. 7.3. Relations between the parties not provided for in this security agreement are governed by current legislation. 7.4. The security agreement is concluded in 2 copies, one of which is kept by the “Owner/User”, the other – in the files of the “Government Agency”. 7.5. In accordance with paragraph 3 of Art. 63 Federal Law “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation” requirements for the preservation of an object of cultural heritage, set out in paragraphs 3.1.-3.8. and 4.1.-4.3. of this agreement are subject to state registration in the Office of the Federal Registration Service for the Kostroma Region. Details of the parties:
Signatures of the parties: m.p. |
"Owner/User" m.p. |