The subject of the contract is the construction of a multi-family building or residential buildings (hereinafter also "Facilities") on the real estate of the Giżycko City Commune (hereinafter also: "Public Entity" or "Employer") in the formula of public-private partnership (hereinafter also: "Project" or "Project ") Within the meaning of the Act of 19.12.2008 on public-private partnership (Journal of Laws of 2019, item 1445, as amended, hereinafter:" the Act on PPP "). As part of the joint implementation of the Project, a private partner (hereinafter also: the "Contractor") will be required to design, finance and carry out construction works, and will also be responsible for the maintenance, management and operation of the Facilities, including operating fees and costs.
The subject of the contract is the construction of a multi-family building or residential buildings (hereinafter also "Facilities") on the real estate of the Giżycko City Commune (hereinafter also: "Public Entity" or "Employer") in the formula of public-private partnership (hereinafter also: "Project" or "Project ") Within the meaning of the Act of 19.12.2008 on public-private partnership (Journal of Laws of 2019, item 1445, as amended, hereinafter:" the Act on PPP "). The aim of the Project is to provide affordable public flats in multi-family buildings, in the form of institutional rental with access to property within the meaning of the Act of 21.6.2001 on the protection of tenants' rights, housing resources of the municipality and the amendment to the Civil Code (Journal of Laws from 2019 item 1145). It is assumed that about 100 residential premises will be built, with a total estimated area between min. approx. 5 274 m
As part of the joint implementation of the Project, a private partner (hereinafter also "the Contractor"), as the owner of the property and the investor, will be required to design, finance and carry out construction works, and will also be responsible for the maintenance, management and operation of the Facilities, including paying fees and operating costs. Ultimately, these costs will be covered by tenants of flats, based on the lease contracts they conclude with a private partner. The Public Entity's own contribution will be to the Project in the form of sale of real estate marked in the land and building register with the registration number 695/47 (area 2 of the City of Giżycko) with an area of 0.8474 ha, for which land and mortgage register No. KW OL1G / 00050730/6 has been prepared.
The Public Entity will also make a contribution to the Project in the form of the 'Architectural and urban concept of multi-family residential housing, register No. 695/10 in Giżycko' (February 2017). For the implementation of the Project, the Employer also developed a functional and utility program called "Construction of 2 multi-family buildings with infrastructure" (October 2018).
The Public Entity also allows that in the event of necessity or an objective need, some of the development elements resulting from the concept (excluding buildings) should be implemented on the Public Entity's real estate marked in the land and building register with registration numbers: 695/43 with an area of 0.1517 ha and 695/44 with an area of 0.1879 ha (both precinct No. 2 of the City of Giżycko), for which the District Court in Giżycko keeps land and mortgage registers No. KW OL1G / 00050729/6 and No. KW OL1G / 00050728/9, respectively.
The private partner's remuneration will consist of proceeds from institutional lease agreements with access to ownership concluded by the private partner with Tenants indicated by the Public Entity. The private partner will bear the risk of construction and availability of the Facilities, while the Public Entity shall bear the risk of demand related to the implementation of the Project. The Public Entity will indicate to the private partner tenants with whom the private partner will conclude institutional lease agreements with access to ownership, which will be implemented over the assumed period. In the absence of willing tenants, the obligation to conclude lease agreements will rest with the Public Entity. The same applies if the lease agreements are terminated during the performance of the PPP agreement for reasons attributable to the tenants. Apart from such cases, the Public Entity does not provide for any additional payments or other cash benefits to the private partner.
However, the Public Entity does not exclude any additional payments to the private partner if market realities as at the date of termination of the dialogue mean that their absence would prevent implementation of the Project.
Due to the limited number of characters, full information on the description of the contract can be found in the instructions for Contractors (IDW) in point II.