When a local semi-public company is bound to a local authority, a group of local authorities or another public person by a development concession referred to in article L. 300-4 of the town planning code, the latter provides on pain of nullity:
<1° The purpose of the contract, its duration and the conditions under which it may be extended or renewed;
<2° The conditions for redemption, termination or forfeiture by the grantor and, where applicable, the conditions and procedures for compensating the concessionaire;
3° The obligations of each of the parties and in particular, where applicable, the amount of the grantor’s financial contribution under the conditions provided for in Article L. 300-5 du code de l’urbanisme, as well as the terms and conditions of the technical, financial and accounting control exercised by the concession grantor under the conditions provided for in the aforementioned article L. 300-5;
4° The conditions under which the concession grantor may grant advances justified by the operation’s temporary cash flow requirements; these must be in line with the operation’s actual requirements as highlighted by the financial report referred to in article L. 300-5 of the French Town Planning Code; these advances are the subject of an agreement approved by the grantor’s decision-making body and specifying their amount, duration, repayment schedule and any remuneration; a report on the implementation of this agreement is presented to the grantor’s decision-making body as an appendix to the annual report to the local authority ;
5° The arrangements for remunerating the company or calculating the cost of its involvement, freely negotiated between the parties;
6° The penalties applicable in the event of default by the company or poor performance of the concession agreement.
The concession agreement may stipulate the conditions under which other territorial authorities provide, where applicable, their financial assistance for public development actions and operations referred to in articles L. 300-1 to L. 300-5 of the town planning code. A specific agreement is concluded between the grantor and the local authority granting the subsidy.
The financial assistance referred to in this article is not governed by the provisions of Title I of this book.