Almost 20 floors
CJSC "NorthStar Tower" filed in the Moscow Arbitration Court to two lawsuits to JSC "Oil Company" Rosneft ", follows from the electronic filing of the court: both applications were registered on 21 October. Sum of claims to the first lawsuit of 552.4 million rubles, the second -. 68.3 million rubles. Their review of the court postponed until 26 and 30 November 2015, respectively, due to the fact that the plaintiff has not the entire volume of the necessary documents.
In the materials of the court there is no information about the reasons for filing the first claim, but in the second text states that "NorthStar Tower" exacts a debt "to pay ongoing rent, fees for maintenance services and parking fees under the lease of non-residential premises <...> over the fourth quarter of 2015 ".
"NorthStar Tower" - is the operating company of the 42-storey business center Nordstar Tower, located on the first line of the Third Ring Road near the "Jogging" metro station. The oil company TNK-BP, which "Rosneft" acquired in 2013, has rented an office in the business center from May of 2010. The company took the placingI was the second to the 20th floor area of 37.7 thousand sq. m. m - this is almost half of the total leasable area of the center.
The lease agreement was signed for 15 years. rental rate was about $ 550 per 1 sq. m per year, for approximately $ 100 per "square" in the year amounted to payment for the operation, he told RBC representative international consulting company, took part in the signing of this agreement.
The press service of "Rosneft" did not respond to calls and emails RBC correspondent. A former top managers of "Rosneft" and the source of RBC in the commercial real estate market reported that claims "NorthStar Tower" are associated with a desire to renegotiate the terms of the contract the tenant after the devaluation of the ruble.
Who owns Nordstar Tower
The company "DS Development" (the new name - "NorthStar Development"), once part of the holding "Don-Stroy", introduced Nordstar Tower into operation in 2009. Later, the founders of "Don Story" Maxim and Dmitri Blazhko GJZelenov lost control of this and some of his other companies: it was believed that business, "Don Story" for the construction of Ms.lya partially transferred to creditor banks and commercial real estate remained with the founders, but the details were never disclosed. In an extract from the register founder of CJSC "NorthStar Tower" appears already liquidated Ltd. "DS Holding", the beneficiaries are not named.
Top-manager of "Northstar Development" RBC said that one of the owners of the business center is still Blazhko. The telephone number listed on the official website Nordstar Tower, RBC was advised to apply for receiving comments Blazhko. But RBC request made to the reception, in the not received a response within two weeks.
The crisis - not a force majeure
A review of these claims has not changed since the crisis in 2008, says the head of the practice of real estate law firm Sameta Rostislav Agapov: "The crisis is not due to force majeure or essential circumstance that allows to revise the lease agreements." Partner of law firm Goltsblat BLP Vitaly Mozharovsky agree that exchange rate fluctuations - if it is in the consideration of the claim will go about them - the court will likely not recognize aboutcircumstance of force majeure, due to which the agreement should be reconsidered.
But in 2015, due to changes in exchange rates renters massively trying to get discounts at the property owners, says director of corporate clients Colliers International Faith Zimenkova. "In most cases, the parties manage to reach a consensus, - she says. - Cases where the landlord goes to court today are extremely rare: usually no side disadvantageous to bring the dispute before the trial, as it can affect both their relationship and the reputation of the party. "
Head of research offices CBRE Claudia Chistova notes that some companies in this year changed offices - variants with more attractive conditions enough. Average rental rates for class A offices over the last year fell by about 30%, according to the consulting company Knight Frank, if they were $ 722 per 1 square meters in the third quarter, 2014. m per year, by early October of 2015 - already $ 506. The average vacancy rate in the third quarter2014 Class A was 25.9%, and a year later - 26,8%, JLL evidence.
Sberbank in late April announced plans to review leases its offices: he intended to reduce the cost of rent by 20%. As a result, it was terminated more than 150 agreements on the premises, with owners who are not able to agree. But "Rostelecom" failed to change the lease of more than 48 thousand sq. M. m Comcity business center, owned by the Czech PPF group. State-owned fixed rental rate in rubles at the level of 14.9 thousand. Rub. for 1 sq. per year and 8% reducing it in comparison with the initial level.
Depending on the interest in the tenant owner can discount the rate of 5-10%, the director of Knight Frank Constantine Losyukov office real estate. "But if the tenant has any significant leverage, such as the right of early termination, or approaching expiration date of the contract, the discount can reach 30-40%, - he says. - One of the most common variants of the new conditions - fixed rate or the establishment of the currency corridorin the range of 45-55 rubles. for a dollar. "
Now "Rosneft" several offices in Moscow. In early 2014, the newspaper "Vedomosti" wrote that the Moscow authorities have allocated "Rosneft" 5 hectares for construction of the headquarters on Kutuzov Avenue - part of the territory of the former factory producing pencils, "Sacco and Vanzetti" and Badaevsky brewery.
The total area of this territory - 14 hectares. The former owners of companies - PIK Group and Absolut Bank - began to develop a plan for the building of more than ten years ago. It was planned to build a residential complex area of 582 thousand sq. M. m. Later pic withdrew from the project, and in 2012, the town-planning-land Commission of Moscow canceled the development, citing the possible worsening of the traffic situation.
In August 2014, "Rosneft" has announced an indoor architectural competition to design the headquarters, according to RBC. But before the announcement of the winners is not reached in February 2015, the first state-owned company, burdened with debt, the refinancing which are having difficulties because of Western sanctions, has postponed plAna at the office building.