DeltaPort GmbH & Co. KG (hereinafter: DeltaPort) operates the Rhine-Lippe port and the city port of Wesel in the area of the Hanseatic city of Wesel and the port of Emmelsum in Voerder urban area (in summary: DeltaPort ports).
For the further development of the Rhine-Lippe port, DeltaPort intends to build a new logistics area, which is expected to be up to approximately 27 hectares in Rhine-Lippe Port South.
A port-oriented settlement is to be realized on the logistics area created as part of the replenishment. This settlement is intended to expand port-side and, if necessary, rail-side handling in the three DeltaPort ports.
For this purpose, DeltaPort carries out the call for tenders for a port-friendly commercial settlement by concluding an inheritance building law agreement or a lease agreement (with an obligation to build and operate the contractually defined buildings and facilities according to port-related use). Inheritance building law agreement and lease agreement are hereinafter collectively referred to as the “land contract”.
For the sake of simplification, the companies that are interested in settling on the property in the southern part of the Rhine-Lippe Harbor are hereinafter collectively referred to as “bidders” regardless of the respective state of the proceedings. This also applies to business mergers/bidder associations.
The property contract in question here is advertised as part of a Europe-wide, competitive negotiation procedure with an upstream competition, which is based on the requirements of the Concession Procurement Ordinance (KonzvGV). As a corresponding selection option is not available on the award platform used here, the procedure was described as being subject to the Sector Regulation and the corresponding announcement form was selected. However, DeltaPort makes it clear that this (technically required) misnomer on the award portal does not change the validity of the ConcvGV for the design of the procedure.
The Rhine-Lippe Harbor in the Hanseatic city of Wesel, located at Rhine kilometre 813, has a water surface area of approximately 19 ha. The Hanseatic City of Wesel, a large district town of the Wesel district, is located on the lower Rhine and within the northwestern outskirts of the Ruhr region in North Rhine-Westphalia. The Rhine-Lippe harbour is located directly on the Rhine stream, Europe's largest waterway, in close proximity to the Wesel Datteln Canal, Germany's busiest inland canal. This provides an ideal connection to the ARA ports (Antwerp, Rotterdam, Amsterdam) and to southern Germany. The all-German sewer network and Eastern and South-Eastern European countries are easily accessible via the Rhine and the Wesel-Datteln Canal.
The business airport “Schwarze Heide” and connections to the regional and supra-regional road network are also in the immediate vicinity (motorway connections to the A 3, A 57 and A 31 and district road 12n).
The Rhine-Lippe port Wesel is a universal port. DeltaPort has built a heavy-duty quay facility on the north shore of the Rhine-Lippe harbour.
For the further development of the Rhine-Lippe port, DeltaPort intends to build a new logistics area in Rhine-Lippe Port South.
The approximate future location and expected extent of the RLH Süd property resulting from the replenishment can be found in the map depicted in the information memorandum. The concrete determination will take into account local conditions, the ownership and usage relationships applicable in this area at the time of conclusion of the contract, etc. The logistics area, which is still to be specified, to be allocated via this process, is hereinafter referred to as the “RLH Süd property”. Part of the future logistics area has already been heightened to almost the required height. Industrial use for the handling of mineral oil has already taken place here. The transhipment facilities have largely been dismantled. In the eastern and southeastern parts of the development area, the build-up must be continued and completed. There is currently no valid development plan for the Rhine-Lippe Harbour area in this area. The development plan No. 232 of the city of Wesel, which is under construction in this regard, is available as a draft. The procedure is currently in preparation for the early participation of public interest promoters. According to DeltaPort's knowledge, the development plan will also include, among other things, special requirements with regard to renewable energy sources, the degree of site sealing or the required proportion of green space (if necessary, to be implemented through green roofs) and external design requirements.
DeltaPort expressly states that due to the development plan that is not yet valid and the planning stage for replenishment, no binding statements can be made on the date by which the development plan will be legally binding, the replenishment will be completed and when and in what concrete form the logistics space can be made available for use. DeltaPort assumes that the development plan will become legal until mid-2023 and that the site can then be prepared in sections. However, DeltaPort does not assume any liability for the time and the later content of construction planning law, requirements, etc. In the event that, contrary to expectations, the above-mentioned individual steps for site preparation have not been completed up to the dates to be determined during the negotiations or the later content of the construction planning law should not be sufficient for the intended settlement, termination rights/dissolving conditions for the Land contract agreed. Claims for damages by the future settler in the event of such termination of the property contract are excluded. The future settler assumes the project planning risk and the associated uncertainties at his own risk in terms of the legal character of the concession. Each bidder hereby expressly agrees by participating in the procedure.
The property will be located east and south of the Rhine-Lippe harbour basin. The property is expected to have a total size of up to 27 ha.
The RLH Süd property is accessible for road traffic via the road “Zum Ölhafen”. The southern areas of the RLH Nord property must be exploited as internal access via the future hereditary plot/rental property itself.
Rail side transshipment can be done via the local harbour railway in Emmelsum Harbor, which is about 2.5 km away.