Authorize the Concession Group of the West Anonymous Society to grant the right to the collection of tolls in the West Access to the City of Buenos Aires.
Bs. As., 19/12/96
VISTO Issue No. 035/96 of the Registry of the Disputes Organization of the ACCESS TO THE CIUDAD OF BUENOS AIRES (OCRABA), a decentralised body that operates within the framework of the SECRETARIAT of PUBLIC ARTS and TRANSPORTS of the MINISTERY of ECONOMY and ARTWS and SERVICES PUBLIC 306 and 379 of 25 September 1995 and 1 November 1996, respectively, of the Ministry of Economy and ARTWORKS and PUBLIC SERVICES. and
That Decree No. 1167 of 15 July 1994 approved the Public Work Grant Contract for the toll of ACCESO OESTE and its award to the concessionaire company, GRUPO CONCESIONARIO DEL OESTE SOCIEDAD ANONIMA.
That by Resolution No. 306 of September 25, 1995 of the Ministry of ECONOMY AND ARTWS and PUBLIC SERVICES, the first modification to the Agreement of the ACCESO OESTE was approved on the occasion of the lack of liberation of the trace.
That by Resolution No. 379 of 1 November 1996 of the MINISTERY OF ECONOMY AND ARTWORKS And PUBLIC Services, a new contractual modification was approved, which provides for the immediate start of works in the field of the road not subject to the release of trace. The collection of a toll is authorized to be proportional to its completion.
That produced the release of the plot the concessionaire completed the execution of the entire Works of the First Stage.
That for the purpose of carrying forward the works committed by the Contract of Concession and its Modifying Conventions, the concessionaire has required authorization to grant the rights to the collection of the toll, as well as its rights to the compensations and/or compensations that it might perceive according to the terms of the CLAUSULA DECIMO SEPTIMA of the Contract of Concession, to the occurrence of any of the same extinction.
That for these purposes and in accordance with the records in the file mentioned in the VISTO, the concessionaire manages the financing necessary to execute the works prior to the proportional toll and to finalize the Works of the First Stage, facilitating their attainment of the present assignment.
That the dictation of the present does not matter a total or partial assignment of the Contract of Concession that requires the express consent of the NATIONAL EXECUTIVE PODER, provided for in the FIRST CLAUSULA of that Agreement, however, there are reasons for merit, opportunity and convenience that justify the dictation of the same.
That the assignment of rights to be authorized is granted with the same scope as those rights under the Concession Contract and its Modifying Conventions.
On the other hand, the Concession Contract does not prevent the concessionaire from engaging with third parties the execution of tasks related to the fulfilment of its contractual obligations. All cases remain the concessionaire as the sole obligatory and responsible for the Consignor for the fulfilment of each and every such obligation.
That they are expressly excluded from the right to collect the toll to yield, those funds corresponding to round-up adjustments that are owned by the consignor, as well as the percentage for the control of the concessions provided for in Act No. 17.520.
That the Disputes Organization of the ACCESS RED CONCESIONS TO the Good AIRES (OCRABA) he has taken the intervention that he has
The General Directorate of Juridical Questions of the Ministry of ECONOMY and ARTWS and PUBLIC Services has also been issued.
That the SECRETARIAT OF PUBLIC AND TRANSPORT MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS has given its conformity to the requested assignment.
That the subscriber is competent for the dictation of the present, pursuant to Article 99 Subparagraph (1) of the NATIONAL CONSTITUTION.
OF ARGENTINA NATION
Article 1.-Authorize the ACCESO OESTE concessionaire to the City of Buenos Aires. GROUP OF THE SOCIEDAD OEST ANONIMA, to grant its right to the collection of the proportional toll and for the time of the toll and, also, its rights to the compensation and/or compensations to be paid to it before any event of advance termination of the Concession, in accordance with the Concession Contract, the funds originated by round adjustments and the percentage established in Article 8, paragraph 2. of Act No. 17.520, in accordance with the provisions of article THIRD of the Modifying Convention of the OESTE ACCESS adopted by Resolution of the MINISTERY OF ECONOMY AND OURS AND PUBLIC SERVICES No. 379 of 1 November 1996 This authorization is granted only in order to allow it to obtain and guarantee the necessary financing to execute the works contemplated in Annex II of the OESTE ACCESS Amendment Convention and/or to guarantee the repayment of such financing.
Art. 2°-The release of the trace, in accordance with article 2.4 of the OESTE ACCESS Amendment Convention, approved by Resolution of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES No. 379 of 1 November 1996 shall automatically be considered authorized by the concessionaire to assign in full or partial form, its right to the payment of the CENTO per 100 %) of the toll according to the Contract of Concession and its Modifying Conventions, and its rights to the compensations and/or compensations that it is appropriate to receive to the same for any event of advance termination of the Concession,
Art. 3o-The commitments made by the concessionaire in no case will matter the transfer. affectation, cancellation, modification or novation of the obligations assumed by it in the Contract of Concession and its Modifying Conventions, whose breaches will always be imputable to it without the tasks performed by third parties including the Trust or its subcontractors- may be invoked as exempt from the contractual responsibilities of the concessionaire.
The provisions of the Contract of Concession and its Modifying Conventions shall have pre-eminence over any commitment entered into by the concessionaire.
Art. 4 -The fiduciary assignment of the right to the collection of the toll referred to in the present, is authorized with the same scope and extent as that right is in conformity with the Contract of Concession and its Modifying Conventions, so that a better or more extensive right of the concessionaire may not be transferred. The fiduciary assignment of the right to the collection of the toll, includes the power of its direct perception in the toll booths and/or in all places of fertilization and pass, which the trustee may exercise by, if, by third parties or by the concessionaire itself.
The fiduciary assignment of the right to the collection of the toll shall cease in the event of the exemption or the advance termination of the Concession according to the assumptions provided for in the Concession contract.
Art. 5o-No action or omission of the trustee or its subcontractors may excuse the concessionaire from complying with all and each of its obligations, emerging from the Concession Contract and its Modifying Conventions.
Art. 6°-This decree shall be an integral part of the Trusteeship Agreement to be concluded by the concessionaire with third parties. for the purposes of which it shall be incorporated as an Annex to it, under penalty of nullity.
Art. 7°-Contact, post, go to the National Directorate of the Official Register and archvese.-MENEM.-Jorge A. Rodríguez.-Roque B. Fernández.