Revised RFP for Lease Cum Development of Tourism Properties ...

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Development of Tourism Properties, Uttar Pradesh 7.16.2 Minimum Development Obligations - The Developer shall meet the following minimum development obligations (the “Minimum Development Obligations”) while designing, renovating, developing, augmenting the Property: a. The Developer shall upgrade/renovate/modernise the existing facilities and create/add other assets including overall development as required for the Property and shall make an investment of an amount equal to or greater than as mentioned in Annexure-2. b. The Developer shall finance, upgrade, develop, operate, manage and maintain the Property, Project Facility and Project Asset as per Good Industry Practice from the Appointed Date. c. The Property, Project Facility and Project Asset under consideration shall be used only for providing Hospitality/Tourism services. d. Complete the Initial Phase within 1 year from the Appointed Date and Development Phase within 5 years from Appointed Date. e. Augmentation/expansion/Development of the Property with prior approval from the Authority to be in line with the local building regulations, and other Applicable Laws. f. Follow the Building bye-laws and Regulation of the nearest Urban Area for additional construction/development in case the Unit/Property is located in Rural Area. g. Carry out new construction for providing additional rooms or additional facilities in the Property. h. Non-violation of all applicable Environmental Standards and Pollution Control Norms as laid down by Central / State Pollution Control Board. i. Existing local development controls, if any, will be binding if they are more limiting than the Project Specifications / Minimum Requirements. j. Operate the Project without disturbing the natural surroundings and ensuring that the local flora and fauna are not disturbed. k. Create an adequate waste disposal system for management and disposal of the waste generated through the Project. l. Responsible for maintaining hygiene and quality standards at the Property and Project Facilities and providing quality services to tourists. m. Responsible for providing adequate security for the tourists using the Project Facilities, and ensuring there is no damage or loss to Project Facilities. 7.17 Responsibility of the Authority 7.17.1 The Authority shall comply with the following as his responsibilities during the Lease Period: a) Provide the Lease Property free from encumbrances to the Developer for the Lease period b) Pay the property tax to the Government Authorities in respect of the land and buildings comprising of the Property, and the Developer shall reimburse the same to the Authority. Request for Proposal 32
8 FRAUD AND CORRUPT PRACTICES 8.1 General Development of Tourism Properties, Uttar Pradesh 8.1.1 The Bidders and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Bidding Process and subsequent to the issue of the LOI and during the subsistence of the Agreement. Notwithstanding anything to the contrary contained herein, or in the LOI or the Agreement, the Authority shall reject a Bid, withdraw the LOI, or terminate the Agreement, as the case may be, without being liable in any manner whatsoever to the Bidder or Developer, as the case may be, if it determines that the Bidder or Developer, as the case may be, has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bidding Process. In such an event, the Authority shall forfeit, invoke and appropriate the Bid Security or Performance Security without prejudice to any other right or remedy that may be available to the Authority hereunder or otherwise. 8.1.2 Without prejudice to the rights of the Authority under Clause 8.1.1 and the rights and remedies which the Authority may have under the LOI or the Agreement, if a Bidder or Developer, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bidding Process, or after the issue of the LOI or the execution of the Agreement, such Bidder or Developer shall not be eligible to participate in any tender or RFP issued by the Authority during a period of 2 (two) years from the date such Bidder or Developer, as the case may be, is found by the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be. 8.1.3 For the purposes of this RFP, the following terms shall have the meaning hereinafter respectively assigned to them: a. “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Authority who is or has been associated in any manner, directly or indirectly with the Bidding Process or the LOI or has dealt with matters concerning the Agreement or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Authority, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the LOI or after the execution of the Agreement, as the case may be, any person in respect of any matter relating to the Project or the LOI or the Agreement, who at any time has Request for Proposal 33
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Revised RFP for Lease Cum Development of Tourism Properties ...

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