ДОГОВОР №

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CONTRACT №
FOR RENTAL OF URN NICHE/ COLUMBARIUM
On this day of…………………. 2013, in Sofia, the undersigned:
1. "Boyana Park Sofia" EAD, registered at the Registry Agency under fiscal code 131507675, with
registered seat in Sofia, District of Vitosha, 4, Boyana Park Str., represented by Mariya Nikolaeva Petrova,
EGN ......................, identity card № ......................, issued on ...................... by Regional Directorate of Interior Sofia, Dimitar Kuzmanov Chuparov, EGN ......................, identity card № ......................, issued on ......................
by Regional Directorate of Interior - Sofia, Tsetsko Angelov Tsekov, EGN ......................, identity card №
......................, issued on ...................... by Regional Directorate of Interior - Sofia,
hereinafter named in this Agreement Boyana Park
AND
2.……………………………………………………………………………………………………………………
…........................................................................................................................................................................................
hereinafter named in this Agreement Renter,
As per art. 229, par. 1 of the Obligations and Contracts Act, art. 298 of the Commerce Act, and the General
Terms and Conditions for Use of Cemetery Property and Urn Niches/ Columbarium, (Attachment 1) in
St.Archangel Michael Orthodox Memorial Park (hereinafter referred to as the Memorial Park), located in a
regulated plot of land in Sofia, District of Vitosha, Boyana Residential Area, 4 /four/,Boyana Park Str.,
comprising Surveyed Land Plot III-701,740,758,808,840 /third lot with allocated cadastre numbers for property
seven hundred and one , seven hundred and forty, seven hundred fifty-eight, eight hundred–eight, eight
hundred and forty/ - for a memorial park, funeral services hall, chapel, service buildings and urn
columbarium, in Residential Area 1 /one/ according to the city plan of Sofia, Memorial Park Boyana district
with a total area of 26 815,00 /twenty-six thousand eight hundred and fifteen/ sq.m., and the following
adjacent lots: Surveyed Land Plot I/first/ - for a memorial park, funeral services hall, chapel, service buildings
and urn columbarium, on two sides - Surveyed Land Plot II/second/ - for a memorial park, funeral services
hall, chapel, service buildings and urn columbarium with Land Use Permit № ДК-07-25/19.01.2010 issued by
the National Construction Control Directorate’s (NCCD) office in Sofia (hereinafter referred to as the General
Terms). The above described SURVEYED LAND PLOT is identical to the land plot register under
identification code 68134.1943.2742/ six, eight, one, three, four, one, nine, four, three, two, seven, four, two/in
the cadastral map and cadastral registers, approved with order РД-18-68/02.12.2010 of the Executive Director
of the Geodesy, Cartography and Cadastre Agency (GCCA) - Sofia, amended by order КД-14-22стр. 1 oт 6
221/02.05.2011 of the Head of GCCO-Sofia City, with the following location of the plot: Sofia, Vitosha District,
Boyana area, total area of 26 831,00/ twenty-six thousand eight hundred thirty-one/ sq.m., permanent type of
use: urban, purpose of use: other types of construction, previous identification code: 68134.1943.701/six ,
eight, one, three, four, one , nine , four, three, seven, zero, one / 68134.1943 .740/six , eight , one, three , four,
one, nine , four , three, seven, four , zero / 68134.1943.758/six , eight , one, three , four, one, nine , four , three,
seven, five , eight / 68134.1943.808/six , eight , one, three , four, one, nine , four , three, eight, zero , eight/
68134.1943.840/six , eight , one, three , four, one, nine , four, three, eight, four, zero /, number of previous
plan: 740/seven hundred and forty / 701/ seven hundred and one / 758/ seven hundred and fifty-eight /
808/eight hundred-eight/ 840 /eight hundred and forty/, with adjacent property identification code
68134.1943.20 /six, eight, one, three, four, one, nine, four, three, two, zero / property identification code
68134.1943.855/six , eight, one , three, four, one, nine , four, three, eight, five, five/ property identification
code 68134.1943.651/six, eight, one , three, four, one, nine , four, three, six, five, one/ property identification
code 68134.1943.914/six, eight, one , three, four, one, nine, four, three, nine, one, four/ property identification
code 68134.1943.893/six, eight, one, three, four, one, nine, four, three, eight, nine, three/ property
identification code 68134.1943.934/six , eight, one , three, four, one, nine, four, three, nine, three, four/
property identification code 68134.1943.690/six, eight, one , three, four, one , nine , four, three, six , nine, zero/
and property identification code 68134.1943.711/six , eight, one , three, four, one , nine, four, three, seven, one,
one/,
agreed to the providing of the following services described herein:
Art. 1.(1). Boyana Park shall provide, and the Renter shall use in return for payment:
□
Cemetery property
□
......burial plot(s);
□
Joint burial plot for two burials with a concrete vault;
□
Joint burial plot for three burials with a concrete vault;

Urn niche;
□
Family urn columbarium;
□
Urn crypt;
□
Interment/entombment/ inurnment in the underground part of a 2-place family crypt with the
possibility of constructing an above-ground burial vault;
□
Interment/entombment/ inurnment in the underground part of a 3-place family crypt with the
possibility of constructing an above-ground burial vault;
(please put a mark in front of the selected option)
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Real part of the above mentioned Surveyed Land Plot, namely: Urn Niche № ….. (……), row № …..
(……), urn section № ….. (……………………), located in the memorial park.
(2). In order to use the urn niche/ columbarium under art. 1, the Renter shall pay a one-off rental price
equal to the value in local currency of 368,13 EUR (three hundred sixty-eight euro and thirteen cents), VAT
incl.
Art. 2. Urns can be placed in the urn niche/ columbarium belonging the Renter, members of his/ her
family – spouse, children and their spouses, other relatives in ascending/ descending line (successors in
interest are determined in accordance with the legislation in place at the time of their identification), as well as
all persons explicitly named by the Renter or his/ her successors. Authorized persons give their permission in
writing by signing a declaration, which is left in the custody of Boyana Park Sofia administration.
Art. 3. The Renter declares and certifies that he/she has received and read the General Terms, which
are an integral part of this Agreement, and that he/she agrees with them.
Art. 4. The one-off rental price of the urn niche/ columbarium is paid on the day of signing the present
Agreement.
Art. 5. As of the effective date of this Agreement, for each year of the term of the Agreement, the Renter
shall pay to Boyana Park a maintenance fee. The exact amount, the payment type and the payment period
shall be arranged in an annex to this Agreement.
Art. 6. The one-off rental price of burial plots and the maintenance fee can be paid by cash at Sofia, 4,
Boyana Park Str., or by a bank transfer to the bank account of Boyana Park Sofia EAD, as follows:
DSK Bank
Account Holder: BOYANA PARK SOFIA EAD
BIC: STSABGSF
IBAN: BG46 STSA 9300 0016 925 859 /BGN/
IBAN: BG56 STSA 9300 0017 551 814 /EURO/
Art. 7. This Agreement enters into force on the day of its signing and shall be concluded for a period of
200 (two hundred) years (hereinafter referred to as Term of the Agreement), unless it is terminated or
rendered null and void before the term has expired under the conditions provided for in this Agreement.
Art. 8.(1). The Renter must notify Boyana Park before the expiry of the term of the Agreement if he/she
wishes to:
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1.
Prolong the term of the Agreement for another 200 (two hundred) years;
2.
Terminate the renting of cemetery property;
(2). Under the conditions of par.1, i.1 , the Parties shall sign an annex for the prolongation of the
Agreement’s term. Throughout the new term, the Renter shall pay an annual maintenance fee in accordance
with the provisions of the annex, and shall not be liable to the one-off rental price, which is paid only upon the
initial signing of this Agreement.
(3). In case the Renter does not wish to renew the term of the Agreement, Boyana Park Sofia shall not
be liable for any reimbursement. The authorized person shall specify in writing whether he/she wishes that
the urns be placed in the public mausoleum on the territory of the memorial park, which shall require the
signing of a new agreement. The respective costs shall be payable to Boyana Park according to the list of
services offered by the memorial park.
(4). In case the Agreement’s term has not expired but the payment of the maintenance fee by the Renter
is deferred for more that one year, Boyana Park has the right to:
- undertake measures for the enforced collection of the due amounts and the respective interests
determined by law for the period of the deferral, in accordance with the current legislation and the
provisions of art. 410 of the Civil Code, considered relevant as at the time of the signing of this
Agreement;
- to nullify this Agreement, in case no agreement has been reached before the expiry of the additional
30 (thirty) day period granted to the Renter to resume payments, when the Renter has been in default
for more than 5 (five) years.
By nullifying the agreement Boyana Park has the right to remove the urns from the niche and place
them in the public mausoleum on the territory of the memorial park, to which the Renter consents by signing
this Agreement.
Art 9. In case there are no successors upon the death of the Renter, Boyana Park is obliged by St.
Archangel Michael Church’s Board at the Sofia Holy Metropolis to maintain the rented cemetery property for
5 (five) more years after the payment of the last maintenance fee.
Art. 10.(1) In case of a death of the Renter, the Parties agree that all rights and obligations of the Renter
under this Agreement will pass on to his/ her successors as defined according to the legislation in force at
that time (currently, the Inheritance Act and Family Law), or if there are no successors, the title to the rights
and obligations will vest in a third person explicitly named by the Renter in an additional attachment to this
Agreement.
(2). In case the successors do not fulfill the obligations of the Renter due to waiving of the hereditary
rights, this Agreement shall be considered void and Boyana Park will have the right to move the urns of the
respective persons from the niche to the public mausoleum in the memorial park, to which the Renter consents
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by signing this Agreement. In case the successors have accepted inventoried heritage, the Agreement can be
rendered void by the person accepting the inventoried heritage.
Art.11.(1.) Boyana Park agrees that the Renter may cede the right to use the urn niche to another party.
In such case, the Renter is not relieved of the obligations under the Agreement and he/ she must inform
Boyana Park about his/ her intention of ceding the rights to the cemetery property and collaborate in order for
a new Agreement, Maintenance Annex, Data Privacy Declaration, Declaration of Consent and the General
Terms to be signed with the new renter within 10 (ten) days after submitting the notification. Obligations and
all financial liabilities for the release of the cemetery property will be incurred by the Renter who is a party
under this Agreement. The parties shall sign an agreement whereas all rights and obligations of the Renter
with regard to the cemetery property shall be transferred to the third party. The Agreement with the initial
renter shall be considered terminated on the day the new agreement with the new renter for the same
cemetery property is signed by Boyana Park Sofia EAD.
Art. 12.(1). Any outstanding issues between the Parties under this Agreement will be resolved
according to the applicable law.
(2). Any dispute that may arise between the Parties over the interpretation or execution of this
Agreement and the General Terms shall be resolved by amicable means and an additional agreement shall be
signed whereof. In case no settlement is reached of the disputes arising out of this Agreement, they shall be
referred to the Court of Appeals of the Bulgarian Chamber of Commerce and Industry, according to its rules
of procedure, and the grieving party will have the right to propose the assignment of two arbiters.
This Agreement was signed by the Parties in 2 (two) identical copies, one for each Party. The signatures
on the Agreement for Rental of Urn Niche need to be certified by a notary, whereas all ensuing costs shall be
covered by the Renter.
Appendixes:
1. General Terms and Conditions for Use of Cemetery Property and Urn Niches/ Columbarium;
2. Declaration of Consent for the Registering of the Individuals Interred in the Burial Plot in the Memorial Park
Register;
3. Declaration of Consent for the Processing, Use and Transmission of Personal Data for Administrative
Purposes, in accordance with the Law for Protection of Personal Data;
4. Land Use Permit № ДК-07-25/19.01.2010 issued by NCCD office in Sofia.
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Boyana Park Sofia EAD: _______________
Renter: _______________
M. Petrova
Boyana Park Sofia EAD: _______________
D. Chuparov
Boyana Park Sofia EAD: _______________
Ts. Tsekov
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