CASA FUTURA s.r.o.
Company ID No.: 26444046
with the registered office at Praha 1, Malá Strana, Nerudova 28/217, Post Code: 110 00
registered in the company register maintained by the City Court in Prague, section C, inset 82648
acting through Mr. Nino Altomonte, Company's Executive
(hereinafter referred to also as the "Future Transferor")
and
Mr./Mrs. , birth-certificate No.:
permanent residence at:
……………………………………….
with the registered office at:
Company ID No.: Tax ID No.:
registered in the company register maintained by………………………, section , insert
bank connection:
acting through: …………………
(hereinafter referred to also as the "Interested Party")
(collectively, hereinafter referred to also as the "Contractual Parties")
have concluded, as at the below day, month and year, as per the provisions of Article 51 of act No. 40/1964 Coll., the civil code, the following
Contract on Booking a Unit
(hereinafter referred to also as the "Contract")
I.
Preamble
1. The Future Transferor declares to be the exclusive owner of land with lot No. 2 , built-up area and a courtyard registered in the 834 with the area of 1888 m
Land-Registry Office for the City of Prague, the land-registry unit of Prague on
Title Deed No.1855 for the land-registry territory of Žižkov, Prague municipality
(hereinafter referred to also as the "Land"). Copy of the Title Deed No. 1855
for the land-registry territory of Žižkov forms Appendix No. 1 to this Contract.
2. The Future Transferor declares that, in compliance with the decision on the
construction permit issued on 9 June 2006 by the District Office of the
Borough of Prague 3, Department of Construction, Ref.No. S UMCP3
042300/2006, OV/1742/06/Ru, as amended by the decision of the Municipal
Office of the City of Prague, Construction Department, File No. S-MHMP
374820/2006/OST/Kš/Hn of 24 January 2007 which became effective on 31
January 2007, he is realizing on the Land a construction of a residential
complex called "Residence Prokopova".
3. The "Residence Prokopova" residential complex is realized as a newly built
apartment house of an irregular floor plan located on the Land with seven
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above-the-ground and two underground floors (hereinafter referred to also as
the "Building"). On the underground floors of the Building, collective garages
including 89 parking spaces and the operational background facilities shall be
located. On the first above-the-ground floor of the Building, non-residential
units and the main entrance with the reception shall be located, in the back
wings of the Building and on other above-the-ground floors of the Building,
residential units shall be realized.
4. The Future Transferor, as the proprietor of the "Residence Prokopova"
residential complex, undertakes, by making the statement of the owner within
the meaning of provisions of Article 4 of act No. 72/1994 Coll., on the
ownership of apartments, as amended, to delimit in the Building, realized in
conformity with the above description and the construction permit, residential
and non-residential units, within the meaning of this act No. 72/1994 Coll. on
the ownership of apartments, as amended, including the co-ownership shares
in common parts of the given Building and on the Land.
5. Within the Building, the subject of the booking will also be built as specified
under Article II. herein.
II.
Subject of Booking
1. The subject of the booking as per this Contract shall be:
a) a residential unit marked as per the project as No. ……, with the layout
as ….., located on the …. above-the-ground floor of the Building (section …. ), 2, with a terrace/balcony/loggia of the anticipated floor area of approx. ……. m2of the anticipated size of approx. ………. m, (the area of the terrace is not
included into the area of the residential unit), and consisting of:
b) a non-residential unit (cellar) No. ……, located on the …. underground floor
of the Building (section ……) of the anticipated floor area of approx. ……… 2m; This applies to the case when the cellar forms a separate unit! The
exclusive use of the non-residential unit No …… is related to the ownership of
the residential unit marked as per the project as……
c) a co-ownership share in the non-residential area – garage spaces in the
Building to the ownership of which the right is related to permanently and exclusively use the garage space marked as per the project as …. with the 2area of approx. ….. m , No.…….; Option – the area of this garage space
includes also a lockable storing area separated by wire netting; The exclusive
use of the garage space No …… is related to the ownership of the residential unit marked as per the project as……
d) an appropriate co-ownership share in common areas of the above-
mentioned Building derived from the proprietary and co-proprietary right to the
apartment and non-residential units which will be delimited based on the
construction permit, respective drawing documentation, result of the
approbation as well as the Statement of the Owner;
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e) an appropriate co-ownership share in the Land derived from the proprietary
and co-proprietary right to the apartment and non-residential units which will
be delimited based on the construction permit, respective drawing
documentation, result of the approbation as well as the Statement of the
Owner;
(hereinafter referred to also as the "Subject of Booking")
Preliminary plans of the Subject of Booking including the placement on the appropriate floor form Appendix No. 2 to this Contract.
2. Co-ownership shares in the Building and in the Land shall be determined based on the proportion of the size of the area of the transferred unit to the total area of all units in the Building. The floor area of the unit shall be understood to mean the floor area of all rooms in the unit. The Future Transferor reserves the right to change the statement of the owner before the purchase agreement is signed, namely with regard to the real situation ascertained based on the geodesic measuring of the Building after it is completed.
3. The description of the standard construction execution of the Building and the residential unit and the description of their standard furnishing form Appendix No. 3 to this Contract. The Interested Party is entitled to ask for client modifications of the layout or client modifications of the furnishing of the Subject of Booking in compliance with the conditions stipulated by the regulation on conditions and the manner of selection and realization of client modifications which forms an appendix to the pre-contract on transfer of a residential unit. The Interested Party notes that the Future Transferor is entitled to refuse the requested modifications considering the situation concerning the construction works in respect of the Building and taking into account the periods required to realize the modifications requested by the Interested Party. The Interested Party also notes that any potential extra payments charged in addition to the Purchase Price ensuing from the client modifications shall be paid exclusively out of the Interested Party's funds.
4. The Interested Party also notes that the Future Transferor, in connection with the progress of the construction, shall file a proposal for the entry of the statement of the owner in the land register defining the units under construction in the Building.
III.
Purchase Price of the Subject of Booking
1. The Purchase Price of the Subject of Booking defined under Article II,
paragraph 1 herein, namely including all parts, appurtenances, co-ownership
shares in the Building and in the Land and the related rights and obligations
based on an agreement of the Contractual Parties to this Contract shall
amount to …….. (In words: …………….. Czech crowns) including the
appropriate VAT (hereinafter referred to only as the "Purchase Price")
2. The Purchase Price of the Subject of Booking shall be paid out of the own
funds of the Interested Party/ by the means of a mortgage loan. 3. The Contractual Parties undertake, in case the tax regulations related to the
subject of supplies as per this Contract change, to adjust the Purchase Price
within the meaning of such changes.
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IV.
Booking Period
1. The Interested Party undertakes to conclude, within …… days of the signature of
this Contract at the latest (hereinafter referred to also as the "Booking Period"),
a pre-contract on the transfer of the unit (hereinafter referred to also as the "Pre-
Contract"). The Pre-Contract will be concluded under the wording identical with
the standard wording of the Pre-Contract with exception of appropriate changes
on the agreed terms by both parties to the Contract. The Pre-Contract forms
Appendix No. 4 to this Contract. The both parties note the standard wording of the
Pre-Contract represents only general wording of the contract and does not have
to contain the conditions of a contract specified the subject of transfer, the
purchase price and eventually other specific conditions.
2. The Future Transferor undertakes to reserve the Subject of Booking during the
Booking Period for the Interested Party and not to transfer the Subject of Booking
for the benefit of a third party.
V.
Booking Fee
1. The Interested Party undertakes to pay to the Future Transferor a Booking Fee
amounting to CZK ………… (in words: ……….. Czech crowns), namely to
4 200 069 406 /6800 maintained at Volksbank CZ, a.s., within … account No.
working days of the signature of this Contract.
2. In case that the Interested Party fails to pay the Booking Fee in the amount and
within the deadline set out under paragraph 1 of this Article of the Contract, this
Contract shall be made void in its entirety.
3. If the Pre-Contract as per Article IV., paragraph 1. herein is concluded, the
Booking Fee paid by the Interested Party as per paragraph 1 of this Article herein
shall be credited to the extra payment charged in addition to the Purchase Price
of the Subject of Booking.
4. If the Pre-Contract as per Article IV., paragraph 1. herein is not concluded with the
exclusive fault being on the part of the Future Transferor, the Future Transferor
undertakes to return the Booking Fee paid by the Interested Party as per
paragraph 1 of this Article herein to the Interested Party within 5 working days of
the lapse of time of the Booking Period at the latest.
5. If the Pre-Contract as per Article IV., paragraph 1. herein is not concluded without
the exclusive fault being on the part of the Future Transferor, the Booking Fee
paid by the Interested Party as per paragraph 1 of this Article herein shall belong
to the Future Transferor as a contractual fine and thus does not form an
unjustified enrichment on the part of the Future Transferor.
VI.
Other Arrangements
1. Any notifications, requests, communications which are to or may be made in
compliance with this Contract shall be in writing. The notifications, requests or
other communications shall be considered made as appropriate if delivered to the
other Contractual Party in respect of which they may or should be made in person,
by recommended mail or by fax to the address of that Contractual Party set out
below:
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(A) To the Future Transferor to the following address:
CASA FUTURA s.r.o.
Prague 1, Malá Strana, Nerudova 28/217, Post Code: 118 00
tel: 224 266 820,22
E-mail: torinopraga@torinopraga.cz
(B) To the Interested Party to the following address:
………………….
Fax, Tel, e-mail ……….
Any notifications pursuant to this Contract shall be considered to have been
delivered:
(a) on the date of the physical handing over of the notification if the
notification is sent by a messenger or delivered in person; or
(b) on the date of delivery confirmed on the advice of delivery if the notification
is sent by recommended mail; or
(c) on the day when the notification is deposited at the appropriate post office,
in case that the delivery in the above manner is not possible for any
reason and the notification is thus sent by recommended mail to the
address determined in the above manner, however, its acceptance does
not take place for any reason, namely not even within three (3) working
days of its being deposited at the appropriate post office.
The above addresses and telecommunication contacts may be changed by a
unilateral notification made in writing.
2. The parties to this Contract have arranged that the day on which any payment as
per this Contract is paid shall be understood to mean the day when the agreed
financial amount is credited to the account of the recipient.
3. The Interested Party is entitled, after having paid the Booking Fee, to transfer any
of his rights and obligations ensuing from this Contract, i.e. especially the right
and obligation to conclude the Pre-Contract, to a company with which the
Interested Party is interconnected as far as the capital is concerned and, at the
same time, he is a statutory body or a member of a statutory body authorized to
act on behalf of such a company.
VII.
Final Provisions
1. This Contract becomes valid and effective by its being signed by both parties to
the Contract.
2. This Contract has been made in two copies of which each party to this Contract
shall receive one.
3. This Contract may be amended or changed only in writing with the consent
provided by both Contractual Parties.
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4. Rights and obligations not explicitly governed by this Contract shall be governed
by the appropriate provisions of act No. 40/1964 Coll., civil code, as amended.
Appendices to this Contract are as follows:
Appendix No. 1 – Copy of the Title Deed No. 1855
Appendix No. 2 - The preliminary plan of the Subject of Booking
Appendix No. 3 – Description of the standard execution and furnishing of the
Building and the unit
Appendix No. 4 – Standard wording of the Pre-Contract
All appendices to this Contract form its inseparable part.
5. The Parties to this Contract declare that they have read this Contract and that its
contents reflects their free and serious will in witness whereof they attach below
their signatures.
Prague, date……………………
Future Transferor: Interested Party:
…………………………. ……………………………..
CASA FUTURA s.r.o.
Nino Altomonte
Company's Executive
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