NB : This translation is only for information, only the French version is binding
Was the termination decision taken abruptly? FALSE
- In 2019, in anticipation of the approaching end of the concessions, the municipality commissioned an audit.
- In 2020 the audit is presented to the municipal council and delegates.
- The audit points to problems of consistency in the management of “Port Grimaud”:
- A different model between the three delegates
- A lack of transparency
- The problem of concessionaires who are users of the body of water
- In 2021, the municipal council votes the end of the concessions.
- The decisions to implement the end of the concessions took place between September 2021 and January 2022.
Management in governance is transitional before giving the delegation to a large group? FALSE
The municipal council deliberated to take over the management of the port. This decision led to a reorganization of Port services and significant work on the part of municipal services.
This work was carried out with seriousness in order to perpetuate this management choice very quickly.
The mode of management by a board is a fantasy of Grimaud? FALSE
- Port management is a real management trend.
- Many French ports are switching to this mode of management, which is favorable to users.
The takeover of the Port aims to take control of the money of the Port Grimaudois? FALSE
- It is an autonomous authority that is created, so the money of the boaters remains for the benefit of the port.
- If the municipal will was to "get your hands on your money", a formula whose elegance we will also appreciate, it would suffice to increase local taxes.
The town hall will distort Port Grimaud to make a Disney Land or a Port of Ultra rich? FALSE
- The objective of the municipality is to preserve Port Grimaud as it has always preserved Grimaud.
- The work will be decided in collaboration with the consulting architect of Port Grimaud, Mr. BOHL.
- The human resources made available to the harbor master's office are the addition of the human resources of the three Port Grimaud.
The city council of Grimaud is doing ugly things ? FALSE
- I remind you that the town has been voted number 1 dream destination in France on several occasions, in particular for the preservation of its heritage and its environment.
- You can walk around Grimaud and tell us if our latest achievements are ugly.
- Regarding the harbor master's office, the least integrated container is the oldest.
- New public toilets had to be installed, following Port Grimaud's request to remove the toilets on the beach.
I have to sign a new contract for 2022? TRUE
- The farm-out contracts that were signed previously provided for a contract termination clause in the event of the end of the concessions:
- art. 9 to PG1
- art.7 to PG2
- art.10 to PG3
- In order to be titled in 2022 for the occupation of the public domain (water), I have to resign a contract.
If I sign the “provision of a berth” contract, do I lose ownership of the wharf? FALSE
- Port Grimaud is made up of public quays and private quays.
- The wharves that were private until the end of the concessions remain private today.
- They are part of the property owners. This name is simply the formulation found in the transport code (Article R5314-31) and which corresponds to the situation of users.
- This contract in no way defines the ownership of the wharf. For information, in French law, the concept of a farm-out contract no longer exists.
Without the termination I would not have paid anything until 2025? FALSE
- Each year, the owners paid in their expenses the maintenance costs of the Port.
- They also paid a fee for occupying the water body of 440,000 euros.
The price of 20€/m² is excessive? FAKE
- It is based on the management fees transmitted by the former delegates and on the fee for occupying the body of water.
- The price results from the sum of the amounts collected by the three former delegates, divided by the total leased area.
- It is very below the average in the Mediterranean.
- It includes the following services:
- Surveillance of the body of water (municipal police + night watchman and private company).
- Dredging: 1,500 m3 in the pre-season and major work this winter.
- Includes the fee for the occupation of the public domain.
- Change of hangers, dead bodies and daughter chains.
- Participation in the normal maintenance of the port (eg dredging, change of the mother chain).
At PG1, owners lose money because of termination? FALSE
- This is normally false since PG1 has been declaring a loss-making port for many years:
- Account 2017: - €308,792
- Account 2018: - €165,361
- Account 2019: - €439,605
- Account 2020: - €893,914
- The end of the concession should lighten PG1's budget to the extent of the losses recorded each year. The President, claiming a loss of 857,000 euros per year, must explain the sincerity of the budget for previous years. Inevitably, the termination decision was taken on the basis of these deficits. It can be difficult to reproach the town hall for having made a decision on the basis of potential false data transmitted.
Is the current situation more favorable to owners? TRUE
- The uncertainty of 2025 no longer exists today.
- The contract of guarantee of use proposed from 2023, is considered as a real property right that can be assigned.
- It guarantees 35 years of privatization of the body of water.
Will the usage guarantee contract cost 100,000, 200,000 or 300,000 euros? FALSE
- The usage guarantee contract is determined by the amount of work registered in the PPI.
- It is payable in one installment or over 10 years.
- It is estimated at 15,000 euros excluding VAT for an average space (4*12m).
- This makes an average depreciation over 35 years of 500 euros per year (including tax).
The Multiannual Investment Plan (PPI) aims to create a second Port Grimaud? FALSE
- The PPI aims to create new port structures to protect Port Grimaud.
- The projects will be decided in consultation with the extra-municipal commission for port affairs and local players.
The municipality refuses dialogue and mediation on disputes? FALSE
- The municipality is open to dialogue on the terms of the recovery.
- The municipality cannot go back on the fundamentals of its decision, that is to say the termination and the takeover under management (in particular because of the management faults pointed out by the audit).
- The municipality even offered to participate in the financing of the guarding and maintenance of Port Grimaud to create synergies. This was refused by the union advisers.
The municipality lost its lawsuits against the ASL? FALSE
- The municipality had asked to have the urgent nature of some of these requests recognized in order to limit the duration of some of the twenty or so disputes brought by the various delegates. The Toulon administrative court did not recognize the urgency of the requests. It is therefore by the classic procedure before the administrative court that the files will be judged.
- The municipality won the lawsuit against the dealers who refused to provide the information of the former lessees.
- It is this refusal to transmit data that leads to delays in the transmission of contracts to users.
PDF : Vrai - Faux sur la question de la reprise en régie du service portuaire de Port Grimaud