Purpose of the concession: The precarious exploitation and management of the Golf on the Lacs de l’Eau d’Heure site for a limited period of time. The Licensor has arranged on the Site a golf course comprising 9 holes in synthetic greens, a practice, 3 holes Experience, a Fun Park (1- putt-putt mini-golf course, 2-course pitch & putt, 3-course footgolf, 4-discgolf), a Horeca area, a club house. At the end of the award procedure, the Licensor will designate the Licensor, who will be responsible, at his own risk and expense, primarily for the precarious operation and management, for a limited period of time, of the golf course and its ancillary facilities located at rue du Cierneau 1, 6440 Froidchapelle. The Licensor wishes to obtain an Offer to meet the following needs: - The immediate resumption of the precarious operation of the existing golf course and its ancillary activities for a limited period of time. In particular, the concessionaire must anticipate and take charge of the relevant services in order to allow the immediate resumption of the operation of the existing golf course and must in particular take charge, if necessary, of the placement of temporary facilities necessary for the operation of the existing golf course following the fire at the club house in 2024 and the placement of equipment necessary for the operation of the golf course determined by the concessionaire (a compulsory site visit is provided for in this regard in order to allow interested economic operators to familiarise themselves with the infrastructure before submitting their tender). The Licensor wishes that, as far as possible, the Licensee also take over immediately the activities of the Horeca area available in the club house in its current state, a golf academy and recreational activities: a golf course with 9 holes in synthetic greens, a practice, 3 holes Experience, a Fun Park (1- putt-putt mini-golf course, 2-pitch & putt course, 3-footgolf course, 4-discgolf), a club house. In particular, the concessionaire must obtain all the necessary authorisations (administrative, town planning, environmental, sporting) for the operation of the golf course and its ancillary activities. - The financing of all acts necessary to meet the aforementioned needs of the Licensor. In particular, the concessionaire must finance the precarious operation of the existing golf course and its ancillary activities (golf academy, recreational activities, etc.) and all the acts necessary for the operation of the existing golf course for a limited period of time. The Concessionaire will assume the financial risks associated with the operation of the existing golf course. The main purpose of the Concession is to entrust the Concessionaire with the management and precarious operation of the Golf, the consideration consisting in the right to exploit the Golf and the premises granted. The Concessionaire bears the operating risks associated with the Golf and the premises granted. As an ancillary measure, in order to allow the Concessionaire to exploit the Golf, the Licensor grants the Concessionaire a precarious right of occupation relating to the part of the Site occupied by the Golf, in return for the payment of fixed and variable fees by the Concessionaire. The intention of the Licensor is thus to establish a precarious right of occupation in favour of the Concessionaire in order to allow him to exploit the Golf, to the exclusion of any lease. The Concession does not constitute a lease or lease. By submitting its Offer, the Bidder acknowledges that the Concession does not constitute a rental or lease agreement. The Concession has a value below the threshold of EUR 5 538 000 excluding VAT and is not subject to the Law of 17 June 2016 on concession contracts or its implementing decrees in accordance with Article 3(1)(2) of that law. However, in accordance with the principle of contractual freedom, the Licensor has decided to make applicable certain provisions of the Law of 17 June 2016 on concession contracts and its implementing decrees, concerning in particular the grounds for exclusion. The provisions of the Law of 17 June 2016 on concession contracts and its implementing decrees apply only where expressly provided for in the Specifications.
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