On one side, ………. ……….. ………/……. it is located at the address…………………….The Ministry (briefly referred to as the “Ministry” below. with on the other side ……… . …………../…….. resident at ……………… A Deconstruction and Operation Transfer Agreement has been concluded between the Joint Stock Company (hereinafter referred to as the “Company” for short) with the following conditions.

BUILD-OPERATE-TRANSFER AGREEMENT
Article 1- Subject of the contract;

 

Immovable Title registration

Province:

County:

Neighborhood:

Mevkii:

Map ID:

Island No.:

Parcel No:

Qualification:

Area m2:

 

Article 2- The Period of Easement Start and End Date;

 

It has established a temporary easement with the following conditions on the area specified in the first article.

 

Duration of the right: 49 (forty-nine) years.

 

This right …/…/…. starting from …/…/…. it will expire on its date.

 

Article 3- Subject of Easement Right;

 

On the immovable property specified in the first article …. a secondary marina with a capacity of one yacht and side units will be built.

 

Article 4- Method of Use of Real Estate Subject to Easement;

 

In accordance with the principles of the “Investment Certificate” issued by the Ministry, the above-mentioned units will be made within the boundaries of the area where the easement right has been established.

 

During the easement period, the purpose of using the immovable property subject to the easement will not be changed and will not be used for the purpose, and any of the units belonging to the facility (such as Hairdressers, Shops, Discotheques, Bars, Cafeterias and Sales, Shops) will not be rented to someone else without the permission of the Ministry. The easement right, which is the subject of this deed, 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;

 

Unless there is a contrary provision in the Investment Document to be issued by the Ministry, the construction will be started by obtaining a construction permit within two months of the delivery of the real estate subject to the right beneficiary or representative and the construction will be completed within two years.

 

Article 6- The Cost of the Ground Easement;

 

A- Redemption Fee:

 

For the first year ………………..-It is TL.

 

Usage fee for the second and subsequent years the Ministry of Finance and Customs (General Directorate of budget and fiscal control) increase government procurement circulars published each year is determined by adding the cost of the easement specified in the previous year. This determined price is not disputed by the beneficiary of the right by contacting any court and Authority.

 

The easement fees for the first year of the second and subsequent three-year periods after the first three years are re-evaluated, and the accrual and collection of the costs for the following years are subject to the above provisions.

 

B- Receiving a Share of the Proceeds:

 

The subject of the easement is after the commissioning of the facility, which is carried out on immovable property: % of the total annual revenue…. a share will be taken in the rate. It will be accepted and committed that this share will be received at the rate of ……% in the first three-year period.

 

C- Payment Time:

 

The easement fee provided in the first year will be paid before the registration of the right to the title deed. jul. 2. and for the following years, the easement fees will be deposited with the relevant Finance Ministry before the date corresponding to the start date of the right each year (January 01).

 

The share to be taken from the proceeds will be deposited with the relevant Finance Ministry in May following the balance sheet year.

 

Article 51 of the Law No. 6183 on the Procedure for Collection of Public Receivables for easement rights that have not been paid within the period of time. the delay hike rate specified in the article will be applied.

 

If the easement fee is not paid on time for two consecutive years, the easement will be canceled.

 

Article 7- Guarantee;

 

The company is part of the Ministry of …/…/…. as of the dated article…. with a notarized commitment that the obligations specified in the article will be fulfilled within a day ……..TL. (……..) he/she 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 in order to return the guarantee and convert it into money when necessary.

 

Article 8- Renovation of Plans and Projects;

 

The structures and facilities to be built on the real estate subject to easement will be made in accordance with the plans and projects based on the “Investment Certificate” to be obtained from the Ministry by the Company.

 

Easement right outside the established area boundaries: This right will be revoked if the appearance and natural structure of the land or nature on which the construction was carried out on the land owned by the Treasury or under the provisions and savings of the State is changed.

 

Article 9- Control of Construction and Operation;

 

With the ministry …………. The Ministry is authorized to control or maintain all structures and facilities on the real estate subject to easement during the construction phase and operation. The errors and deficiencies to be determined at this time will be completed by the Company with the time and conditions to be determined by the Ministries.

 

After the completion of the construction in accordance with the project within the period specified in the project, each ….. if it is determined that the facility needs to be repaired during the checks that the relevant refunds will make in the region once a year, the repair will be made by the beneficiary of the right, provided that the cost is covered by him, and he will not demand any price from the Treasury.

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 established by easement and will be strictly applied to the legislation on this issue.

 

The 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, the arrival passage will certainly not be blocked.

 

Article 11- Tax Pictures, Fees, Premiums and Other Fees;

 

The easement facility fee is the equivalent of using immovable property. Registration in the land registry. for abandonment, construction and facilities, ……,, ……. and all kinds of taxes, fees, premiums and similar charges that must be paid to similar organizations will be covered by the Company. In addition, the duties of the Law No. 492 are October 13 of the tariff No. 4. the company will also cover the land registry fee set out in paragraph (A) of Article 2464 and the building use permit fee in the Municipal Revenue Code No. 2464.

Article 12- Transfer;

 

The company in whose favor the easement has been established has all or part of the right …. It cannot be transferred to anyone else without the permission of the Ministry and the Ministry.

 

The Company is obliged to inform the Ministry of any savings related to the transfer of its current or future issued shares and to perform them with the written permission of the Ministry based on the positive opinion of the Ministry …………………

 

Transfer of the entire real easement right through sale and transfer of the beneficiary of the right through the sale of the company’s shares …………. If the Ministry and the Ministry deem it necessary to give written permission, the conditions of the deed of commitment may be amended.

 

The beneficiary of the right to merge this company with another company …………… If we are given a positive opinion by the Ministry, we may be allowed to merge with the Ministry.

 

Article 13- Participation in Infrastructure Expenses;

 

If municipal services are provided by the Municipality in the tourism development area where the easement land is located, and other services are provided by the relevant organizations, the decisions of the administration that will be established by the Ministry to provide these services will be strictly observed, and the requested contributions will be paid by the beneficiary of the right.

 

Article 14- Termination of Easement;

 

The easement will expire at the end of the granted period. The area on which the easement right has been established will be delivered to the Treasury in a sound and working condition with all its structures and facilities at the end of the period. For this, no rights, compensation or costs will be claimed by the company or any other third party.

 

Article 15- Cancellation of Easement Right;

 

This commitment deed 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, non-fulfillment of its articles is considered a significant violation of the contract, and all structures and facilities are transferred to the Treasury in a sound and working condition without compensation from the Treasury.

 

Article 16- Eviction;

 

If the beneficiary of the easement does not evict the real estate and does not deliver it to the Treasury on the terms written in this commitment, at the end of the right period or for other reasons not specified in this commitment, the % of the easement price of the year in which the incident occurred for each passing day…….. (percent) ………) si has to pay as much penalty.

Payment of a fine will not result in the use of real estate and the delay of eviction.

 

Article 17- Liability;

 

The beneficiary of the right is responsible from an administrative, financial and criminal point of view for any damage and damage that it may cause to the environment (even by accident) from the date of the final allocation until the day the real estate is actually delivered to the Treasury.

 

Article 18- Extension of the Period;

 

1- Natural disasters (fire, flood, flood, etc.)

2- Announcement of partial mobilization at the general or place of work in the country,

3- General and partial strike. the impossibility of partial rights and rights arising from their use, such as a lockout, occurs.

4- Occurrence of events such as infectious disease, epidemic

and in similar cases, an extension of the period cannot be requested.

 

Article 19- Rules to be Applied in Forested Areas;

 

15 of the Municipal Law No. 5393. the share of participation in the forest fund, which must be paid according to Article 3, following the allotment date. it will be paid by the company every 5 years from the year and in 5 equal installments, a sample of the receipts will be provided to the Ministry.

 

The main nature of the immovable property allocated on behalf of the company will be used without deterioration and without damage to its existence. The necessary measures will be taken by the company to protect it from fire and pests. It will be ensured that the trees that will be removed during the construction, as well as the cutting and transplanting of 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, if there is no explicit provision in them, the relevant legislation will be applied.

 

Article 21- Acceptance of Enmity;

 

The easement right on it will be covered by the beneficiary of the right to any dispute related to any case that has been filed or will be filed in relation to real estate by the board, from the date when it learns about the lawsuits filed ……..) you will be notified to your local relevant …… office in writing within the day. If any damage that may occur against the Treasury due to failure to notify the beneficiary of the right results in the Treasury or against the beneficiary of the right, the beneficiary of the right will not ask the Treasury for any compensation, right price and the like against the loss and loss of profit that it has suffered or will suffer.

 

Article 22- Historical Artifacts That Will Be Found During Excavation;

 

During the implementation of the project, when ancient and historical artifacts are found, excavation operations will be stopped immediately, the found artifacts will be stored at the excavation site, the nearest property management will be notified of the situation immediately.

 

Article 23- Place of Settlement of Disputes;

 

The place of settlement of disputes will be resolved in accordance with the regulation of law No. 6100 on the court of general jurisdiction. …/…/…

 

 

TREASURY REPRESENTATIVE                         THE RIGHT HOLDER

FIRST AND LAST NAME                                  FIRST AND LAST NAME

SIGNATURE                                                                 SIGNATURE

 

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