Project of an urban collaboration agreement between the Municipality of Pratdip and the EUCC of Planas del Rey (Urban Conservation Collaborative Entity), aimed at regulating the reurbanization of the development to allow its official reception by the municipality, followed by the dissolution of the EUCC.
1) Nature of the document
- Proposal for Agreement to the Pleno (2007): deliberation submitted to the municipal council.
- Main annex: draft agreement (convenio) defining procedures, responsibilities, and financing.
- Legal framework: Text Refòs de la Llei d’Urbanisme (DL 1/2005) and Law on Public Administration Contracts.
2) Actors and representation
- Municipality of Pratdip: Josep Montané i Vidal, Mayor-President.
- EUCC Planas del Rei: Christian Peuman, President.
3) Context and objectives
- The EUCC was created in 1987 (registered in 1988) for the temporary maintenance of common assets and services.
- Agreement to undertake the reurbanization so that the municipality may receive the development and proceed with the dissolution of the EUCC.
- The municipality accepts to integrate land, works, and infrastructure into the municipal assets after completion and compliance.
4) Main clauses of the agreement
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Change of implementation system: from compensación to cooperación. The municipality manages the procedure and execution, under current urban planning regulations.
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Financing: entirely borne by the property owners (works, technical project, supervision, health & safety). Collection based on the shares already used by the EUCC.
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Tendering procedure: open tender (subasta). Strict contractual deadlines; penalties for delays (reference to art. 95 TRLCAP). No partial reception; corrections required before acceptance.
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Monitoring committee: 5 members (the mayor, two municipal representatives, two from the EUCC). Functions: monitoring and prior information (modifications, awards, certifications, reception, guarantees). Decisions are not binding for the municipality.
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Reception & dissolution: after full reception, the municipality records the assets in its municipal inventory and initiates the dissolution of the EUCC. The municipality then assumes maintenance.
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Urban planning compatibility: adaptation of the POUM if necessary; preservation of current land uses.
5) Payment terms
- At award: engineering project paid + 35% of works amount.
- + 12 months after the Replanteo Act: 15%.
- + 18 months after the Replanteo Act: 15%.
- At final reception: balance up to 100%. In case of non-payment: enforcement and seizure.
6) Sensitive points (analysis)
- Financial burden: all costs fall on the owners while the municipality takes over the infrastructures.
- Limited power of the EUCC: the committee is consultative; decisions remain with the municipality.
- Risk of blockage: no partial reception; acceptance depends on full completion and defect correction.
- Demanding schedule: close installments (35% upfront, 30% within 18 months) may generate financial pressure.
7) Expected legal effects
- Municipal reception of works and maintenance borne by the municipality after completion.
- Dissolution of the EUCC following reception.
- Enforced collection possible by the municipality in case of defaults.
Synthetic conclusion
The draft agreement (2007) establishes a reurbanization led by the municipality but financed by the owners, with consultative monitoring by the EUCC. The declared goal is the reception of the development and then the dissolution of the EUCC. However, the framework creates a imbalance: full financial burden on owners and decision-making power concentrated in the municipality, with no possibility of partial reception.
