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Constitution of leasehold land Army in Peru for the development of a project for the implementation and operation of infrastructure hazardous waste disposal industrial

Evaluation process and competition for the award of Inmobiliaria Proposal for the establishment of real rights on land owned by the Army of Peru.

Vidal Abogados involved in the process as transaction advisor from the assessment phase of the Real Estate Proposal and during the competition called for adjudication.

Problematic

The Peruvian Army is one of the state entities more real estate assets in the country; however, many of the properties it owns are unused, underused, devoid of optimum utilization or without corresponding to the same legal physical healing. However, it has insufficient resources for optimal fulfillment of its purposes.

Since the establishment of the State's commitment to provide the materials necessary for the fulfillment of the constitutional mission of the armed forces and the role assigned by the State under the National Agreement of 2006, it has developed a regulatory framework that provides mechanisms to be applied the best use of opportunities for generating resources for the Army currently has real estate in the country.

It is so by Law Nº 29008 of 2007, the Army was authorized to perform acts of management and disposal, for consideration, property you own that are not necessary for the fulfillment of its purpose or are not considered in their plans strategic, allocating the resources obtained for default in the Law purposes; however, until the year 2014 no contract under this framework was held, mainly due to the following factors:


  • Institutional Reluctance for delivery to the private sector real estate property in long-term contractual arrangements

    Despite the benefits of development of private investment projects for administration or disposition of real estate assets of the Army in terms of generating revenues from the payment of compensation by the investor, saving maintenance costs of property, full assumption of financing project and construction and operational risks by the private sector, among others; the model found in the institution reluctance particularly considering the involvement of the delivery of goods of the armed forces for the private sector for extended periods ( needed for recovery of investments).

  • Lack of internal regulation of procedures associated with the development of projects on Army property

    The possibility of submitting proposals estate by the private sector, the establishment of rules associated processes and consideration of hiring consultants transaction to support the evaluation and procurement of better bargaining was incorporated at the level of internal directive 2014 (ie, seven years after the issuance of the enabling law) and perfected in 2015. Before his term, there was a "window" or formal procedure for the formulation of private proposals for the development of projects in grounds of Army.

On the other hand, in relation to the sector serving the real estate proposal under review included the inadequate supply of infrastructure disposal of hazardous waste in the country: there are only two secure landfills, which favors increased risks the health of the population and the environment arising from the disposal of hazardous waste in dumps and inadequate infrastructure. Under this framework, it is noteworthy that the Solid Waste Act has declared of national interest and priority infrastructure construction disposal of solid waste.

Solution strategy

Faced with this problem, the project includes the implementation of components and establishing the contractual validated design aspects are described below:

  • Granting right under the surface and on an area of ​​65 hectares owned by the Army of Peru located in the district of Chilca, for a period of 30 years, subject to the development of a specific project.
  • The construction, implementation and management of a secure landfill for disposal of industrial hazardous waste.
  • The payment of a monthly remuneration for the Army corresponding to a revenue share of the project, establishing a fixed minimum income for which applies an annual indexation.
  • The prepayment of the minimum remuneration for two fiscal years, payable on signing the contract.

Perspectives

The project has been awarded to the bidder company under the framework of the competition called for effect. It is currently undergoing fulfillment of the prerequisites for the signing of the contract.