RESTAURANTS IN THE STREET!
Dozens of tenants of the Badayevsky Brewery in the center of Moscow complain of forced eviction and early termination of contracts. Some of them, Capital Group, which is going to build a “house on legs” above the plant, ordered to vacate the premises as early as Monday, The Bell found out. Tenants estimate their losses from 2 to 4 billion rubles.
What happened. Part of the buildings of the Badayevsky plant on Kutuzovsky Prospekt will be demolished – in their place, the developer of the Capital Group plans to build a “floating in the air” residential complex on 35-meter towers. Tenants of the plant call it a “house on legs.” In the summer, they began to receive letters about the long-term termination of lease agreements. The negotiations yielded nothing, the company offers some tenants the company to clean the premises of the plant tomorrow. A total of about 50 companies must leave the territory before October 15.
Details Among the tenants there are 16 catering outlets, including Arkady Novikov’s restaurants, about 20 diverse organizations, such as a trampoline center, dance schools, the Labyrinth kids club, a winery, galleries, and also dozens of offices. Also 1.4 thousand square meters. m occupied the office of Citylink electronic home appliance discounter, which the company had already vacated. The total area on which the contracts are terminated, tenants estimate at 56-60 thousand square meters. m
Contracts concluded between 2015 and 2018 are terminated, several tenants told The Bell. According to them, all contracts were long-term, for a period of at least 5 years.
The contracts are terminated by the manager of the building of the Badaevsky Brewery JSC (BPZ). To whom this company belongs now is unknown. In 2015, 75% of the company belonged to the Cypriot Arina Fidushiari Services. Forbes previously called the owner of the AO group “Absolute” Alexander Svetakov. Now, on behalf of the BPZ, negotiations with tenants are conducted by representatives of Capital Group.
The BPZ phones indicated in the register did not answer on Sunday. One of these phones turned out to be the Capital Group call center. A representative of the Capital Group, in response to a request from The Bell, said that tenants receive notifications from BPZ as from a lessor under a lease agreement, but Capital Group employees have “all legal grounds to interact with tenants.”
Capital Group is one of the largest developers in Moscow (portfolio – over 8.2 million square meters of housing), which specializes in the construction of premium and business class housing. Its founders are Vladislav Doronin, Eduard Berman and Pavel Cho (Cho in an interview with Vedomosti in 2016 said that all the projects that the company launched in 2014 are his personal).
Losses. Lease agreements included tenant investments in the repair of premises. According to estimates by the tenants themselves called The Bell, these investments amounted to 2–4 billion rubles over several years. On average, tenants invested from 20 to 300 million rubles each.
BPZ exercises its rights in accordance with lease agreements and current legislation, the representative of the Capital Group states: “tenants who have the right to lessor terminate the agreements early in the contracts and receive access are limited only to those whose leases expire upon notification of termination. ” Preliminary notifications were sent to tenants back in June, he adds.
What is wrong here. Some tenants see violations in their eviction and promise to sue.
Tenants have signed contracts with the BPZ, but the negotiation process is conducted mainly by the Capital Group, The Bell sources said. Employees send tenants letters of cancellation (a copy of one of the letters is available to The Bell). They indicate the deadlines for the lease and the number of contracts, and also states that after these dates “access to the premises will be limited.”
There were no personal meetings with tenants, several entrepreneurs told The Bell. According to one of them, the BPZ leaders, with whom negotiations were conducted at the conclusion of the agreements, went on vacation.
Most contracts have clause 6.2, which provides for unilateral non-judicial termination of a lease, but there are contracts without such a condition.
For example, the founder of the agency “Other Environment” Mikhail Semenov, who owns the art space “Not for Everyone” on the territory of the plant, told The Bell that his two lease agreements with BPZ do not imply unilateral termination. In 2015, as a result of negotiations before the conclusion of the contract, this item was removed, Semenov said. He sent the BHP a notice of refusal to terminate the contract. “If they want to evict us, let them go to court, give their arguments there,” he says. “The issue must be resolved in a legal plane.”
“When the administration offered premises for rent to us and other entrepreneurs, development projects, in particular the“ house on legs ”project, already existed, but the BPZ assured that the construction will not affect our buildings, as they are objects of cultural heritage,” says Semenov. He was ordered to clean the room from tomorrow, September 16.