21 Sep Build Operate Transfer
BUILD-OPERATE-TRANSFER AGREEMENT
On one side, ………. ……….. ………/……. it is located at the address…………………….Ministry (briefly referred to as “Ministry” below.) on the other side with ……… ………….. …………../…….. references ……………… a Build-Operate Transfer Contract has been arranged between the Joint Stock Company (briefly referred to as “company ” below) with the following conditions.
Article 1-subject of the contract;
Real estate title registration
Province:
County:
Neighborhood:
Location:
Pafta No:
Ada No:
Parcel No:
Qualification:
Area m2:
Article 2-start and end date of the duration of the easement;
It established a permanent easement on the area specified in the first article with the following conditions.
Duration of the right: 49 (forty-nine) years.
This right …/…/…. /…/…. it will end in history.
Article 3-Subject Of Easement;
On the immovable property specified in the first article …. a secondary Marina and side units with a capacity of one yacht will be built.
Article 4 – Method Of Use Of Real Estate Subject To Easement;
The units mentioned above will be made in accordance with the principles of “investment document” issued by the Ministry beyond the boundaries of the area where the easement right has been established.
During the easement, the purpose of using the real estate subject to the easement will not be changed and will not be used for purpose, and any of the units belonging to the facility (such as a hairdresser, shop, Discotheque, Bar, cafeteria and sales, stores) will not be rented to someone else without the permission of the Ministry. The easement, which is the subject of this bill, will not be transferred without the consent of the Ministry of Finance and Customs and the Ministry.
Article 5-start and end dates of construction;
If there is no contrary provision in the investment document to be given by the ministry, construction will begin by obtaining a construction license within two months from the date of delivery of the real estate subject to the right of altitude to the beneficiary or representative, and construction will be completed within two years.
Article 6-Cost Of Easement Of The Ground;
A-Iritfak Right Price:
For the first year ………………..- TL.
The cost of use for the second and subsequent years is determined by the Ministry of Finance and Customs (General Directorate of Budget and financial control) by adding the increase specified in the circular on government tenders published every year to the easement price for the previous year. This price is not challenged by applying to any court and authority by the beneficiary of the right.
The easement costs for the first year of the second and subsequent three-year tranches after the first three years are re-appreciated, and the accrual and collection of the costs for the following years is subject to the above provisions.
B – Share Of Revenue:
About easement after the operation of the facility performed on immovable property: %of the total annual revenue…. a share will be taken. It will be accepted and committed that this share will be received at the rate of %…… during the first three-year period.
C-Payment Time:
In the first year, the cost of the easement will be paid before the registration of the right to the deed. 2. and in subsequent years, the easement costs will be deposited with the relevant Finance Department each year before the date corresponding to the start date of the right (01 January).
The share of the proceeds will be deposited with the relevant Finance Department in May following the balance sheet year.
51 of the Law No. 6183 on the procedure of collection of Public receivables for easement costs not paid within the period. the rate of delay increase specified in the article will be applied.
If the cost of the easement is not paid on time for two consecutive years, the easement will be cancelled.
Article 7-Guarantee;
Company Ministry…/…/…. from the dated article…. with a notarized undertaking that the obligations specified in the article will be fulfilled within the day…….TL. (……..) must have submitted a final and indefinite letter of guarantee to the Ministry.
The provisions of the “regulation on the allocation of Public Real Estate to tourism investments” will be applied for the return of collateral and, if necessary, cashed-up.
Article 8-renovation of plans and projects;
The buildings and facilities to be built on the real estate subject to the easement will be made in accordance with the main plans and projects of the “investment document”to be obtained from the Ministry by the company.
Easement outside the boundaries of the established area: this right will be revoked if the appearance and natural structure of the land or nature in which construction is carried out in places belonging to the Treasury or under the provisions and savings of the state is changed.
Article 9-control of construction and Enterprise;
With the ministry …………. The ministry is authorized to control or have all structures and facilities on the real estate subject to easement during the construction phase and during Operation. Errors and Omissions to be determined at this time will be completed by the company with the terms and conditions to be determined by the Ministries.
Each after the completion of the construction in accordance with the project within the specified time in the project ….. if it is determined that the repair of the facility is necessary in the checks that it will make in the region of the relevant returns once a year, the necessary repair will be carried out by the beneficiary of the right and will not request any price from the Treasury, provided that the cost is covered by him.
Article 10-Protection and use of the coast;
The necessary measures will be taken to prevent environmental and marine pollution during the use of the real estate, which has been established as an easement, and the legislation on this issue will be carefully applied.
Places under the provisions and savings of the state around the real estate on which the easement has been established (in particular, coasts, beaches) will be kept open for the use of sand.
Article 11 – tax picture, fees, premiums and other fees;
The cost of easement facility is the equivalent of the use of immovable property. Registration in the deed. terkin, for building and facilities, ……, ……., ……. all kinds of taxes, picture fees, premiums and similar taxpayers to be paid to similar organizations will be covered by the company. In addition, the law on fees No. 492 Oct 4 tariff No. 13. the title deed fee set out in Paragraph (A) of the article and the building use permit fee in the Municipal Income Law No. 2464 will also be covered by the company.
Article 12-Transfer;
A company that has established an easement in favor of all or part of the right …. It cannot be transferred to someone else without the permission of the ministry and the Ministry.
The company must notify the Ministry of any savings related to the transfer of its existing or future shares with the written permission of the ministry…….. based on the positive opinion of the Ministry.
Transfer of all real easement rights through sale and transfer of shares of the beneficiary company…………. If the ministry and the Ministry deem it necessary to give written permission, changes may be made to the conditions in the commitment bill.
Beneficiary of the merger of this company with another company…………… if a positive opinion is given by the ministry, we may allow the ministry to merge.
Article 13-Participation In Infrastructure Expenses;
If municipal services in the area of Tourism Development where the land subject to easement is located are met by the relevant organizations of the municipality and other services, the decisions of the administration to be established by the Ministry to see these services will be strictly followed and the requested contributions will be paid by the beneficiary of the rights.
Article 14-Termination Of The Easement;
The easement will expire at the end of the period granted. At the end of the period of the area on which the easement has been established, all the structures and facilities on it will be delivered to the Treasury in sound and working condition. No rights, compensation or fees will be claimed by the company or any other third party for this.
Article 15-Cancellation Of The Easement;
This commitment of the deed of 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, of material non-fulfillment is considered a significant breach of the contract, and a financier all are intact and functioning structures and facilities transferred to the Treasury without compensation.
Article 16-Evacuation;
If the beneficiary of the easement does not evict the real estate at the end of the period of the right or if the right expires due to other reasons specified and not specified in this commitment, and does not deliver it to the Treasury under the terms written in this commitment, %of the cost of the easement of the year in which the event occurred……. (percentage ………) si must pay as much penalty.
Paying a fine does not cause the use of real estate and delay the eviction.
Article 17-Liability;
The beneficiary is responsible from the administrative, financial and criminal point of view for any damages and losses (even accidents) that he may cause to the environment from the date of the final allocation until the day when the real estate will actually be delivered to the Treasury.
Article 18-Extension Of Time;
1-natural disasters (fire, zelzele, flooding, etc.)
2 – announcement of partial mobilization in the country in general or where the work is done,
3-general and partial strike. partial rights and impossibilities arising from its use, such as lockout, occur.
4 – occurrence of events such as infectious disease, epidemic
and in similar cases, a request for an extension of the period cannot be requested.
Article 19-Rules To Be Applied In Forest Areas;
15 of the Municipal Law No. 5393. 3 following the date of allocation of a share of participation in the Forest Fund, which must be paid according to Article. from the Year 5 years and 5 equal installments will be paid by the company, a sample of receipts will be given to the Ministry.
The main nature of the immovable property allocated on behalf of the company will be used without damaging the forest asset. The necessary measures for protection from fire and pests will be taken by the company. During construction, the cutting and transplantation of trees to be removed and overturned and rotten trees will be carried out by the local forest administration.
Article 20-Applicable Provisions;
In cases not specified in this commitment, the provisions of the Tourism Promotion Law No. 2634 and the regulation on the allocation of Public Real Estate to tourism investments, in the absence of a clear provision in them, the relevant legislation will apply.
Article 21-Acceptance Of Animosity;
Easement on the board of directors in relation to any lawsuit filed or filed in relation to Real Estate will meet the beneficiary of the right, from the date on which it learns about the lawsuits filed …… (……..) it will be notified to the local relevant office in writing within the day …… If any loss that may arise against the Treasury due to its non-notification results in the beneficiary of the right against the Treasury or the beneficiary of the right, the beneficiary of the right will not ask the Treasury for any compensation, cost of the right, or anything like that for the loss and loss of profits that it has suffered or will suffer.
Article 22 – Historical Artifacts To Be Found During Excavation;
During the implementation of the project, when ancient and historical artifacts are found, the excavation operations will be stopped immediately, the Found artifacts will be stored at the site of the excavation, and the nearest property will be notified of the situation immediately.
Article 23-place of Dispute Resolution;
The settlement of disputes shall be settled in accordance with the regulation of Law No. 6100 on the general competent court. …/…/…
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