I have previously written as an article on how private enterprise development and management rights to tourist attractions and the local government signed a contract to determine the article, in particular mode of cooperation for development, the development period, the overall investment and staging, the overall investment planning, the legal status of the contracting parties, resources and protection, labor and disposal of existing assets (property assets, non-property assets), personnel to take over, preferential policy, benefit-sharing (especially ticket into mode), ticket management rights and management of projects such as the right distribution of income from all aspects of a comprehensive exposition clear principles, mainly from private enterprise vision to elaborate.
recently involved in the XX area development and management rights contract was signed, had the honor of this Agreement fully drafted, not much changes in the circumstances of the contract, this agreement is a major investment firms the right to operate on the area in general, be amended on the basis of the contract signed into the developer's ideas, and synthesize the views of local government, to be improved on this basis, it should be said that reflects the wishes of the parties, and private enterprises in the country currently lacks access to the development area as a whole to support the right to operate the background of the legal system Next, it is rare.
view of this, the full text of the form, and make comments, to wipe the reader, hoping to this article on the private enterprises involved in the overall development and management of scenic spots have reference. The words in brackets in the text ( and the difference between bold text) to explain the terms of the original non-contract.
by involving trade secrets and the cooperation of local government issues relating to this article, the amount of investment and the Government's name, the name of all scenic spots with XX that works Please understand.
Party: XX
National Forest Park Management Committee B: Sichuan Tourism Development Co., Ltd.
Party C XX: XX-Man - People - Government - the government (the signed by the company and the local government area development and management rights on the contract documents, in the main contract, signed for the two parties, one for investors, companies, a management committee for the area, in view of national forest area belongs to the provincial park, in business by the Province - Forest - Industry - Office directly under the management of resource ownership to local government - the government, and in the actual development and management process, involving various types of investment policies and the needs and the local government - with the government to obtain support for its development, Therefore, this change will be the local government - the government included in the contract, as a signatory).
XX tourism resources for the protection of the smooth progress of both parties in the September 9, 2005 signed the development contract principle, the following supplementary agreement signed:
General signed a supplementary agreement, the first to follow the principle of
1, Supplement to terms of this Agreement shall prevail;
3, Supplement not covered by the terms Terms of ambiguity, the developer is essentially a more adverse situation, therefore, in this contract, first set out the principles of this Agreement, stressing the main contract as the basis, extended the main contract development and management rights, inconsistent with the main contract to this Agreement based.)
second party agreed to by the Party entitled to the XX National Forest Park franchise development and management rights, franchise development and management of the validity of this supplementary agreement was signed 50 years from the date that the 2010 on April 22 to April 21, 2060.
(main contract was signed in 2005, agreed to license development and management rights for 50 years, this agreement to secure re-entry into force of this agreement was signed 50 years development and management rights, is indeed a blessing.)
third party development and management of the range of licensing:
Xh XX specific projects to National Forest Park Tourism Development Plan shall prevail.
(to determine the scope of the principle of photo red area planning to determine the basis for the development, although not covering all the major red line maps, but the overall plan must be The red line map subject, such as the area does not determine the plan that the Government should determine the scope, signed, four must be clear, detailed list, in order to avoid the development of the actual business process and other regional conflicts, or in the specific development process, such as related to project development, and the case of lack of space, should be avoided. It is worth mentioning that if the area has been planned, it should adhere to the plan identified four red line photo development, in planning to determine the red line Fig become smaller developers within the scope of development and operation, from the point of view, the developer of the adverse long-term, because within the same area, there is often duplication of resources within the red line graph, similarity, such as at the signing in the development area to four subject line defined in the plan, in fact, reduce the development area, there may be a mature core area development case, the government introduced other investors outside the development area, the main investor is negative, the market itself there is a certain degree of competition may also lead to the same region similar products, which will no doubt leave troubles for developers. and, even if the investor does not pre-create the external region, but also should consider the rights of investment outside the region foreign capital the right.)
franchise development and operation of Article IV B include the traffic area (Fleet, fleet, cable, etc.), rafting, skiing, dining, lodging, merchandise sales, entertainment, photography, video, outdoor advertising and tourism services, not including area planning, management and supervision of administrative functions, were - Education - Activity - Activity - Field - by and Scenic Spots.
(this one is especially important with regard to places of scenic spots, and religious issues, As for the area planning, management and supervision of administrative functions belonging to the local government, this is not difficult to understand, needs attention is in the contract must identify the right to operate and scenic spots, places of worship. In the real process of development and management of scenic spots, is the developer rights and interests, but to live - Construction - Department of repeated demands, especially the scenic area regulations on the scenic spots, and cases - Education - Live - Activity - Field - the clearly defined, shall not be delegated to private enterprise. In the real development operations, scenic spots, and in fact are part of developers to enjoy or enjoyed, how to deal with the legal provisions, the following detailed interpretation.)
Article XX core area of national forest park development and management of the overall objectives are: three years, see results, five years into a quality, national forest park will eventually XX AAAAA build a national-level scenic spots and national geological park, the XX National Forest Park into a scenic tourist products.
(overall objective is the meaning of the Government, and consider comprehensive developer of a resort in the overall vision described, no substantial quantitative criteria, leaving room for developers, is also in line with the overall development vision for the local government - the government's investment vision.) < br> B of Article XX National Forest Park Comprehensive Development and Management of investment funds, including but not limited to its own investment banking financing, investment in three primary ways.
(a lot of places - parties - Government - Government that the investors on a project in the local investment is to invest in their own pocket money out of business investment, which itself is a wrong understanding, is therefore necessary to elaborate on the investment of capital, otherwise there may be after the passing try to shift the case.)
Article B of this Agreement is in force is the XX National Forest Park Tourism Resources Development, the only main operation.
Party without Party B agrees that no further with the other investment XX National Forest Park on the main tourism resources development and management; by the party agreed to introduce the concept of investment projects and development plans consistent with the investment area to carry out the single or multiple project investment, project investment amount should be offset against the Party of the XX National Forest Park franchise development and management of the total investment.
B in the development and management process, if the need to introduce other strategic partners, Party A and Party C shall provide active support for the Party to provide the necessary investment support.
( This section clearly investors the right to operate the scenic enjoyment of the overall development of unique, exclusive, and were highlights.)
Article VIII B must be incorporated in XX County, an independent corporate enterprise, development and management according to law, local solutions pay taxes, accept the territorial management. (this one is a general practice, local taxes, the obligations of investors themselves)
Article IX XX Party National Forest Park area have tickets (meaning visitors to the XX of the first National Forest Park tickets) right to the proceeds. To facilitate the B development, operation, management, authorization and supervision of Party B full collection of tickets, but would not affect the normal operation of Party.
relevant sector management area designated by Party ticket, is responsible for and bear the printing cost of printing.
pay to Party B an annual ticket sales of not less than RMB 200 million yuan (capital: Erbai yuan), Party B shall make up the shortfall; excess, 25% Party gains 65% bonus by Party B for the XX tourism development, 10% turned over to the XX Party C as a special fund tourism promotion and marketing. B twice to complete payment of ticket sales, which then paid the first half of July 10 ticket sales should be allocated the following year on January 10 last year to settle the balance.
ABC ticket sales by three bear their respective taxes, by the party other than income tax withholding system to pay taxes.
sub-chapter land and ground attachments
Article
Party B land use right of way land transfer, transfer and leasing.
B road construction under the area planning, tourism buildings and electricity, environmental protection and other non-operating of public facilities and infrastructure, land, forest land requisition and occupation should be handled according to procedures, except exemption from laws, policies, all costs other than those specified; in the area within the building hotels, shopping malls and other business projects of land, land use should be according to law permits, procedures for forest land requisition and occupation, and in accordance with the lower limit of the relevant provisions of the State to pay the fees. (land use regardless of when - to - government - government or investors should be based on the country - home - Law - Legal - Law - Regulations as the criterion it must be clear, while stressing the acquisition process of land use rights fees to the local minimum in the cost of the standard.)
any organization, unit, individual red line in the XX National Forest maps, especially in the core area of occupied land, must be planning requirements, and obtain the consent of Party B, Party C and report to approve.
(This is a very important area relates to the overall development and management rights of the unique, exclusive issues, namely, to prevent the local people ignore the area planning, chaos chaos repair construction, the second is to prevent other investors involved in the development, even the developers need to re-investment in individual projects, not only to comply with laws and regulations, while access to scenic spots as overall development and management rights of the sole owner , it must seek the consent of investors, this one is very important, should be understood as violation of this section, the contracting parties as a breach of contract case.)
Article XI B ground attachments compensation
development and operation of the concession process the occupation of land, ground attachments compensation according to the national implementation of relevant provisions of the lower limit. (this one is also very important for developers, the development process, may involve land grabbing case, it is necessary for ground attachments compensation agreed to place the original owners to avoid opening the case of wild speculations, such as a similar case, coordination should be the obligation of local government, therefore, must be clear. At the same time, developers can not be present to judge the progress of the development may be the recent This section does not appear to long-term perspective is on.)
investment and development management
Chapter XX of Article XII National Forest Park Tourism Resources Development in accordance with the unified management, unified planning with due consideration to drive up production and development of reservoir resettlement XX , promote the development of the county tourism industry principles. (This is a no substantive content, only the principle of development, the developer of course to be accepted.)
total investment of Party B shall be subject to the amount of investment planning area , step by step according to planning requirements, Party A and Party C received investment monitor progress. (supervision of course part of the Government, no doubt, however, does not affect the business process monitoring is a reasonable supervision, not , to a serious shortage of local power supply system, development and operation of large scale there is a big risk, and investment in the region a huge supply network, is not what private enterprise can do their own power, and the overall development and management rights as the area's property owners, and The relationship between the power systems area is the electricity side, the power of the consumer, in accordance with the , when - to - government - government should be responsible for the construction of power supply system, and that the article should be read as a prerequisite for developers to invest in one of the local government must be resolved. must be explicit to be constrained by time Moreover, power supply system solution, not only policy support, the cost involved is a matter of course political - the government to bear, if not stated, no end of trouble. is particularly noteworthy.) Party of National Forest XX the first phase of tourism development in the December 31, 2014 totaled core area development, infrastructure and supporting facilities projects with a total investment of no less than 500 million yuan. which: April 20, 2010 to April 2013 XX between 20 million investment to build 4A scenic spots; April 21, 2013 to December 31, 2014, completed an investment of XX million, create 5A area. invested amount and the specific requirements for construction projects:
first completed investment of about XX million to complete the XX security infrastructure (including area XXXXX), XX mountains tour trail, XX top hiking tour trail, XX image of the gate and other construction, start XX transformation;
completed the second year of investment XX million to start the transformation of XX cable, XX inner ring road construction, continued construction of XX;
completed the third year investment of about XX million, continued construction of XX, XX cable transformation, scenic Inner Ring Road;
fourth completed investment of about XX billion in tourist areas to complete XX, XX-building;
the first five years to complete investment of about XX million to complete the continued construction projects, improve the reception area features, in accordance with the mountains, Zhongshan, low mountain sub-region level to create high, medium and low consumer areas. (this one depending on the area, the local government have a different agreement, the contract is not clear in the can on the choice, this is a strong local government requirements, developers also recognized, the next a clear mechanism of risk aversion.)
Article XIV of the specific investment plans must be submitted to Party B Party C then implemented after approval. Party B shall ensure the completion of investment plans in the premise by Party C agree, according to the needs of tourism development adjust the construction project. (This is a clause on the risk aversion: While on a clear annual investment plan, including investment projects and investment in rough numbers, but clearly the developers in this market principles, according to the order of project investment adjustment, which in fact is a clause to some extent on the reverse, leaving space for developers.)
B in Article XV need to use the process of development and construction within the forest area, trees, and to party apply the procedure reported by Party A to complete the formalities related departments, the cost borne by the Party. (general practice)
Article XVI legal owner of B XX National Forest Park Tourism Resources Development in operating results (with intangible assets and intangible assets).
Conservation
Chapter XVII XX Party A is responsible for the red line Tuneisenlin National Forest resources, fire, theft cutting, anti-pest and silvicultural maintenance of heritage theft, anti-crash, wildlife security, anti-hunting and other resource protection and maintenance work, undertake related work expenses. (This is a very important, important is that first set out in government - the government's responsibility, but also bear all the costs may be involved.) < br> Eighteenth Party A shall ensure that resources as tourist attractions Neisen Lin landscape coordination of development resources, not in the tourist project planning area, scenic tour trail travel on both sides of roads and felling trees within the visible range, may disrupt forest thinning Tourist image. (This is a clear protection of the developers, but also protect the area's natural resources are not destroyed, everywhere there bare to avoid serious damage to the case of scenery and landscape visual effects.)
Article XIX B in the development and construction process protection of environmental resources in accordance with the law, to prevent significant resource damage and environmental contamination; in the area of the facilities within the building should be in harmony with the landscape, not building damaged landscape, pollute the environment, hinder tour of facilities; in the course of business, enhance resource conservation publicity efforts to enhance staff and visitors resource protection and fire safety education; assistance (assistance is to assist the natural, and is compulsory) Party National Park Neisen Lin XX improve fire prevention, fire safety, anti-illegal logging trees, wildlife protection work.
staff labor and employment chapter in the development and operation of
Diershitiao B process, in strict accordance with the .
Article B under the same conditions a priority in the use of local staff.
retained twenty-two pairs of voluntary workers Party, Party B shall be according to the requirements of modern enterprise management employed, do not assume in addition the Law, , workers lifted a voluntary employment relationship with Party B, except. (This is important for developers, many scenic spots there are a bunch of former employees, and staff was the case with career preparation, private enterprises as investors, no obligation to take these people in the past obligations of identity, in full accordance with the staff, but also the implementation of job evaluation, free hiring, firing and other interests. Otherwise, it may appear unconditionally with the former employees with career preparation in the modern enterprises which do not work well do not say, made a mistake, not to dismiss also dismissed a dismissal to involve and when - to - government - something the government negotiations, very troublesome)
Chapter projects and preferential policies to promote full cooperation
twenty-four Party B to do XX National Forest Park tourism development.
twenty-five Party, Party C shall regulate the local people within the national forest park in the XX mining shoots order, non-tourist activities affect the normal operation of the region's mining shoots behavior. (both community deal with the relationship the responsibility of government, but also corporate responsibility, how to regulate, it must be handled by the local government-led, non-private enterprises can fully solved. Of course, private enterprises as investors, but also a matter of course in employment, small local farmers to give priority to projects , how the area developed and community harmony, which is important with good community relations, is a sword handle community relations, even in the overall investment and political - the government are divided, as long as the local community support, not when - to - government - government can of town. Of course not to be a big problem with. Any and local communities deal with bad situations, big trouble, enterprises will always suffer. this one to remember. In principle, elections resources, we do not consider the indigenous people within the red line area map resources, this is the last choice. It is not, have to consider the risk mechanism, incentive mechanism and use.)
support of the twenty-six XX Party C tourism development, the establishment of a unified and authoritative and efficient special institutions for the development and operation of Party B to create a good environment for investment. (the principal leaders of the establishment of the coordination team lead, their counterparts in service window on everything, right when it comes to the Memorandum of Understanding blessing to promote related projects. This is the premise, but also obligations. must be clear.)
第二 seventeen Party C Party to submit the necessary application materials to coordinate relevant departments in accordance with the provisions of the relevant examination and approval within the time Banjie procedures for approving the expense of the second party. (submitted for approval materials, must be approved within the statutory time, it is also important, generally located in a remote mountainous area, different regions have different political - body - Central - environment, particularly important.)
第二 eighteen Party C December 31, 2011 XX coordinating relevant departments to implement the actual needs of the development of national forest park of electricity and communication facilities. (This one is listed earlier in this agreement government obligations matters expressly agreed to be appointed time and cost commitment.)
第二 nineteen B Party C shall pay in full in the business tax and related Jian administrative charges, press B to pay taxes and fees at the county level take-home Award for the levy that is part of the standard B for the development of tourism operators XX.
third project is put into operation ten years ago (January 1, 2015 ~ Dec. 31, 2017), according to Party C in B full payment of sales tax, income tax, county taxes paid by Party B actually gets 50% of the party that signs the award for the development of tourism operators XX.
第三十一条 ABC Parties shall actively cooperate with efforts to fight various state special project funds, in full for the XX National Forest Park Tourism Development and Construction.
Chapter breach
第三 twelve breach
ABC tripartite agreement fails to fulfill their respective obligations , as a breach of contract. One: Party Party C December 31, 2011 failed to resolve supply problems XX, shall pay liquidated damages 200 million (capital: Erbai yuan); (obligation on the Government liability for breach of performance of the corresponding need to clear) area in the Party Party C supply schedule to resolve the premise, Party B from the date of signing of this agreement is not completed within 3 years and 3 billion investment in uncompleted 4A scenic spots, or 5 years without completed an investment of 500 million yuan and not created (created does not mean that success must be created, it is very important) 5A area, pay a penalty to Party Party C 200 million (capital: Erbai yuan) in compensation for B After the funds have been put into (this is important: Even if breach of contract, and that compensation must first previous investments, and re-treatment, handle the upfront investment is the basic prerequisite for compensation, investors have to fight. Otherwise, the risk is too big), Party A is entitled to recover XX National Forest Park management and development rights, to find a new investor.
addition to force majeure or state law prohibits lead to slow projects can not promote or advance the case, Party B shall Investment year plans to invest not less than 80%. B can not be completed in the year the investment agreement and the construction and development content, or complete lack of investment in 80% of the year, no longer enjoy the addition to the agreement of the XX National Forest Park ticket sales interests other than the current offers and incentives. (This is an especially important, because in this Agreement, scenic spots, as the rights of local government within the scope of rights, but as a return of investment preferential policies and incentives to investment property owners, Therefore, a certain degree of breach of contract, other incentives can be removed, but the actual interest income tickets can not be discarded. Be sure to draw attention to.)
parties to the agreement due to force majeure factors can not fulfill a contractual obligation, B, C three-way deal The commitment of the parties to this Agreement to be understanding, do not pursue other responsibilities. force majeure, including natural causes such as floods, storms, droughts, earthquakes and man-made causes such as war, strikes, blockade embargo the Government.
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