Dapu Road Tunnel (hereinafter referred to as Tunnel) refers to the Huangpu River cross-river tunnel that was completed and opened to traffic in June of 197 1.
The tunnel scope refers to the underground passage of the tunnel and the scope of the above-ground land allocated to the cooperative company. The above-ground land use scope shall be subject to the land use certificate.
Nanpu bridge refers to Huangpu River Bridge, which was completed and opened to traffic on 19921February, with a total length of 8,346 meters.
Yangpu Bridge refers to the Huangpu River Bridge, which was completed and opened to traffic in 1993 10, with a total length of 7654 meters.
Bridge is the floorboard of nanpu bridge and Yangpu Bridge.
The scope of the bridge refers to the passage of the bridge and the scope of land allocated to the cooperative company for exclusive use. The scope of land use shall be subject to the land use certificate.
Force majeure events refer to natural disasters such as floods and earthquakes, as well as all events and social phenomena that human beings cannot predict and control.
Franchise refers to the right of the cooperative company to manage tunnels, bridges and their ancillary facilities during the franchise period.
The cooperation contract refers to the tunnel and bridge cooperative management contract signed by Shanghai and Hong Kong on 1994 10/2.
Special vehicles refer to ambulances, fire engines, engineering emergency repair vehicles, police cars and military vehicles that are performing tasks. Article 3 The cooperative company must abide by the provisions of these Measures during the franchise period. The contracts signed by Shanghai and Hong Kong on the franchise of tunnels and bridges shall not conflict with these measures. Chapter II Franchise Article 4 The franchise period of the tunnel and bridge cooperative company is 20 years, counting from 1995 1 month 1 day. Article 5 During the franchise period, the cooperative company obtains the land use right within the scope of tunnels and bridges free of charge, and is exempt from paying the land use fee. Article 6 If the cooperative company uses the business premises permitted by the construction plan to engage in other business activities during the franchise period, it shall be exempted from paying the land use fee. However, if a building is built or expanded to engage in other business activities on the basis of the original management house, it shall be handled in accordance with the relevant provisions of Shanghai Municipality on the paid transfer of land use rights. Article 7 During the franchise period, the Hong Kong side of the cooperative company can obtain the investment return according to the stipulations of the Cooperation Contract on the investment return of Hong Kong side and the settlement method, and can remit the full amount of foreign exchange abroad without discount.
When the return on investment in Hong Kong can't reach the agreement in the cooperation contract, Shanghai will first make compensation in the form of paying interest to the cooperative company. If it is still overdue, Shanghai Urban Construction Investment and Development Company and Shanghai Jiushi Company will be responsible for compensation in the form of interest-bearing accounts.
When the return on investment obtained by Hong Kong is higher than that stipulated in the cooperation contract, the excess will be paid to Shanghai Urban Construction Investment and Development Corporation and Shanghai Jiushi Company after the compensation mentioned in the preceding paragraph is repaid in advance.
The operating income obtained by the cooperative company according to the provisions of Article 6 of these Measures shall not be included in the calculation range of investment return. Article 8 During the franchise period, if the cooperative company needs to adjust the charging standards for tunnel and bridge use fees according to the determined financial model, it shall report to the relevant departments of the Shanghai Municipal People's Government for approval. Article 9 If the cooperative company needs to set up advertisements in tunnels and bridges, it shall report to the relevant departments of the Shanghai Municipal People's Government for approval. Article 10 The cooperative company shall pay all taxes in accordance with the relevant laws, regulations and rules of People's Republic of China (PRC) and the preferential policies of Pudong New Area and municipal engineering projects, and apply to the relevant departments for preferential treatment such as tax reduction and exemption. Article 11 Without the approval of the Shanghai Municipal People's Government, the contractual joint venture company shall not transfer, lease or mortgage the obtained franchise rights and other rights and interests to a third party other than both parties during the franchise period, except for the following circumstances:
(1) Due to force majeure, the cooperative company believes that transferring or mortgaging all or part of the franchise and other rights and interests to a third party will help solve the problem;
(2) When the cooperative company requires the cooperative company to mortgage all or part of its franchise rights and other rights and interests as a guarantee for financing and borrowing from a third party. Article 12 During the franchise period, if the cooperative company fails to fulfill its obligations stipulated in these Measures, resulting in serious consequences, the Shanghai Municipal People's Government has the right to cancel its franchise, and may instruct relevant departments to deal with it according to the circumstances. Article 13 When the contractual joint venture company suffers from force majeure during the franchise period, the Shanghai Municipal People's Government may, according to different circumstances, accept the request of the contractual joint venture company, adjust the return on investment in Hong Kong, or decide to terminate the franchise of the contractual joint venture company ahead of schedule.
If it is decided to terminate the franchise right of the cooperative company in advance, the Shanghai Municipal People's Government will designate relevant departments to jointly handle the property and funds with the cooperative company in accordance with the relevant laws and regulations of People's Republic of China (PRC). Chapter III Repair and Maintenance