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If 100% of the private free space is not occupied below ground, it is allowed to raise the vertical same with respect to the urbanized land as maximum 1.5 meters, according to the application of art.3.3.12. (Surrounding land) of the Ordinances.

 
This article obliges to arrange the resulting terrain within a 30º angle from the urbanized land, having to solve the new totally buried building(basement).

Clause 6 of the document establishes the following:

 

6.8. The fee will be paid by calendar year and payment will be made in the first quarter

of the following year.

 

6.9. The total economic investment made by the lessee must be accredited by means

of the presentation of the corresponding invoices which justify the expense within the

space of the six months following the date on which the investment has been made.

Breach of this requirement will be a cause of termination of the contract, on the terms

set out in Clause 36 of the present document.

 

6.10. Once the investment is duly justified, the date from which the above-mentioned

fee will be paid will be formally agreed with the lessor.

 

6.11. This fee, even during the period in which it is not yet paid, will be automatically

updated annually according to the annual variation in the Consumer Price Index of the

Canary Islands Autonomous Community.

 

6.12. When the beginning of the payment of the fee does not coincide with the

beginning of the calendar year, this fee will be calculated proportionally for the months

that remain until the end of the year.

 

Likewise, clause 33, as obligations of the lessee, provides the following:

 

  1. u) Provide proof of the investment made to apply the compensation for the rental

fee, under the terms referred to in clause 6. Such proof must be provided by the

lessee within six months from the date on which the expense was made.

 

Proof of the investment made must be provided in chronological order and

classified by each of the different actions that have been executed.

 

The execution of the works and installations must be justified by the submission

of the certifications of works signed by the technical managers thereof and the

relevant invoices.

 

The lessor may request both the proof of payment actually made by the lessee

and the recipient thereof.

 

Therefore, what is required is the accreditation, within the foreseen term, of the economic total investment made by the lessee through the presentation of the corresponding

invoices that justify the expenditure made.

 

In addition, the fee is paid annually, without prejudice to the fact that, as it is stated in clause 6.3, the winning tenderer will not be obliged to make any deposit of any kind to the Treasury of the Illustrious Tenerife Island Authority (Cabildo), until the cost of the investment offered by it is totally offset

 

Clause 6 of the document establishes the following:

 

6.8. The fee will be paid by calendar year and payment will be made in the first quarter

of the following year.

 

6.9. The total economic investment made by the lessee must be accredited by means of the presentation of the corresponding invoices which justify the expense within the space of the six months following the date on which the investment has been made.

Breach of this requirement will be a cause of termination of the contract, on the terms set out in Clause 36 of the present document.

 

6.10. Once the investment is duly justified, the date from which the above-mentioned fee will be paid will be formally agreed with the lessor.

 

6.11. This fee, even during the period in which it is not yet paid, will be automatically updated annually according to the annual variation in the Consumer Price Index of the Canary Islands Autonomous Community.

 

6.12. When the beginning of the payment of the fee does not coincide with the beginning of the calendar year, this fee will be calculated proportionally for the months that remain until the end of the year.

 

Likewise, clause 33, as obligations of the lessee, provides the following:

 

  1. u) Provide proof of the investment made to apply the compensation for the rentalfee, under the terms referred to in clause 6. Such proof must be provided by the lessee within six months from the date on which the expense was made.

 

Proof of the investment made must be provided in chronological order and classified by each of the different actions that have been executed.

 

The execution of the works and installations must be justified by the submission of the certifications of works signed by the technical managers thereof and the relevant invoices.

 

The lessor may request both the proof of payment actually made by the lessee and the recipient thereof. Therefore, what is required is the accreditation, within the foreseen term, of the economic total investment made by the lessee through the presentation of the corresponding invoices that justify the expenditure made.

 

In addition, the fee is paid annually, without prejudice to the fact that, as it is stated in clause 6.3, the winning tenderer will not be obliged to make any deposit of any kind to the Treasury of the Illustrious Tenerife Island Authority (Cabildo), until the cost of the investment offered by it is totally offset

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The protective conditions of this catalogued Garden are set down in Article 4.3.3 of the Town-Planning Rules of the PGO of Puerto de la Cruz, modified by Article 16 of the Regulations of the Modernisation, Improvement and Increase of Competitiveness Plan of Puerto de la Cruz.

 

And it is always necessary to attend to the determinations imposed by the competent organs in the matter of Historical Heritage.

In relation to the project of management of the Taoro Activity centre, it is necessary to supply an operation plan accompanied by an economic and financial report, in which the annual forecast of the operating costs and the funding of the investment are contemplated, indicating with regard to the latter:

 

  1. The investment plan.
  2. Maintenance, conservation and replacement plan.
  3. Breakdown of the planned income and expenses during the first five financial years.
  4. Details of the personnel costs of the activity to be carried out.
  5. Forecast of the annual profit and loss account for the first five financial years.
  6. Details of the planned outside and internal funding.

 

In the data that are included, the value of the annual fee which is indicated should be the minimum value set down in Clause 6 of the Specifications (€941,000. IGIC excluded).

In accordance with clause 17.3 c) of the Specifications, by means of Appendix VI, it is necessary to indicate “the extra staff over and above your current staff which you will need to hire, if necessary, to carry out the execution of the project that is the object of this contract”. This is therefore extra staff for the operation of the building project.

a

In accordance with Clause 4.1 b) of the Specifications for the accreditation of the technical or professional solvency “a list of contracts carried out in the course of the last five years should be supplied by the bidder, for the purposes of accrediting his/her technical solvency, linked with the activities which it is intended to carry out on the premises that are the object of the lease, accompanied by certifications of proper execution for the most important ones. It is necessary to accredit an accumulated annual amount, in the year of the greatest execution in the said period, of one million Euros (€1,000,000)”. In relation with the above, we would be grateful for clarification on the following matters: * The executed contracts which must be supplied, does this refer exclusively to works of building and refurbishing, or are contracts of hotel operation of similar assets also included? * In relation with the supply of building contracts carried out: Is it necessary to supply a contract for each of the last five years? Or by supplying a single contract executed within the last five years in the amount of €1,000,000, would technical solvency thereby be accredited? What criterion should be followed to determine the importance of the work carried out, for the purposes of supplying a certificate of proper execution? Is it necessary to have this certificate to accredit technical solvency? Put another way, can technical solvency be accredited without supplying certificates of proper execution?

In accordance with the provisions of Clause 4.1 b) of the specifications, for the accreditation of the technical or professional solvency, “it is necessary for the bidder to supply, for the purposes of accrediting his/her technical solvency, a list of contracts carried out, in the course of the last five years, related with the activities which it is intended to carry out on the premises that are the object of the lease, accompanied by certifications of proper execution for the most important. An accumulated annual amount, in the year of greatest execution of this period, of one million Euros (€1,000,000) must be accredited.”

 

By virtue of the foregoing, these are executed contracts, over the last five years,, related with the activities to be carried out according to the bid of the management project of the Taoro Activity Centre. For this purpose, it is necessary to supply executed contracts which accredit in the year of the greatest activity, an accumulated annual amount of one million Euros, related with the activities that are going to be carried out on the premises that are the object of the lease.

Article 67.3 of the revised text of the Public Sector Contracts Act sets down that in the case of legal entities belonging to a group of companies, and for the purposes of the evaluation of their economic, financial, technical or professional solvency, it is possible to take into account the companies belonging to the group, provided always that the legal entity in question accredits that it will indeed have at its disposal during the period of time to which Article 70.2 refers, the necessary means from those companies for the execution of the contracts.

 

Nevertheless, in this case, the classification of the bidders cannot be demanded and nor is the said legal precaution applicable referring to the applicable criteria and conditions for classification. In consequence, the bidding company must accredit its solvency, on the terms set down in clause 4 of the specifications of particular administrative clauses which govern the making of the contract.

If it is determined that the proposed use for the bidding on the concession of the existing specific-public-service use plots is incompatible with or similar to that put forward by the successful bidder, the Island Cabildo (or Island Government) may authorise the change of use and modification of the proposal provided that the value of the investment proposed is not less.

Article 16 of the Regulations of the PMM of Puerto de la Cruz which modifies Article 9.9.8 on Private Free spaces (P) of the Regulations of the PGO sets down that:

 

“These spaces will be free of building above ground level of the urbanised land, and it is not possible to make any apparent construction on them.

 

Swimming-pools, open-air sports facilities, pergolas, arbours and any light removable structure are permitted”.

It will be possible, provided always that the town-planning parameters set down by the PMM in the PGO are complied with, and that this is within plot Zone 2_Protection of the Heritage (Former Hotel Taoro).

 

And it will always be necessary to pay attention to the determinations imposed by the competent authorities regarding the Historical Heritage.

It is stated in the Technical Report prepared by Gestur which is attached in the specifications that on plot E.L. Pr_Espacio Libre Privado of 5,299.71 sq. mts. occupation below ground level of 100% is permitted without any limitation to the number of storeys.

 

So that this circumstance is possible, it will not be allowed to modify the current ground level of this private free space.

 

If the resulting building is in the form of a basement or lower ground floor, according to the definition of article 3.4.17 of the Municipal Building Regulations, this maximum permitted building may not be computed. If, on the other hand, a façade were to appear in the resulting building, the maximum permitted building will be computed in accordance with article 3.4.3.5 of the above-mentioned regulations and the computable built surface area in the Private Free Space plus that in Zone 2 may not exceed the maximum set down for the latter according to the dossier of the PMM, that is to say 12,122.42 sq. mts. c

It should be remembered that for five-star hotel use, it is possible to apply the exception in the computation of maximum permitted building set down by Article 3.4.4.2 of the Municipal Building Regulations.

And it will always be necessary to attend to the determinations imposed by the competent authorities in the matter of the Historical Heritage.

There are no original or posterior plans of the building, the only ones available, are posted on the website.

The tender of the Taoro Hotel and adjoining plot is made for the lease of an asset of patrimonial nature (not in the public domain that would be subject to administrative concession). The concept of lease canon comes from provisions of article 92.2 of the local entities of goods regulations, which legally does not detract its configuration as heritage and subject to an annual income. The extension of the deadline for submission of proposals has been agreed by the Council of Government of the Island Council, finding pending their publication in the official bulletin of the province, for general knowledge.

In the Canary Islands tourism sectoral regulations, there are no determinations in this regard.

See attached report called “Report SAT” in the section: DOWNLOAD PACKAGE. It must take into account that in any case it must comply with the determinations of the regulation of the tourist activity of accommodation, decree 142/2010 of 4 October.

See attached report called “Informe peritación Estructuras” section: DOWNLOAD PACKAGE.

The deadline for submission ends on 10th of January, 2018.

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