Friday, December 8

The Consell has the right by law until June to buy the Ideal for the same price that Baraka paid

The PCE-PCPV Alacant, through its militant and ex-councilor for Urban Planning, Miguel Angel Pavon, has submitted a document to the Ministry of Culture requesting the Ministry to exercise the right of withdrawal on the protected building of the Ideal cinema of Alicante before the recent sale of this historic property, so that you acquire your property under the same conditions that the Baraka group acquired it. In the letter, registered electronically yesterday, the left-wing formation highlights the condition of the Ideal cinema as an integral part of the Valencian Cultural Heritage – with the category of Property of Local Relevance – and that, due to said condition, in accordance with the provisions of articles 38 of Law 16/1985, on Spanish Historical Heritage, and 22 of Law 4/1998, of June 11 , of the Valencian Cultural Heritage, it was appropriate for the owner to notify the Ministry of Culture of the intention to dispose of the property, so that it could exercise the rights of first refusal and withdrawal provided for in said mandatory precepts. The Heritage Law of the Valencian Community makes it clear that as it is a building declared an Asset of Local Relevance, the owners had to notify their intention to sell and the Consell exercise the right of first refusal. Once the sale has been consummated, the right of withdrawal is valid for six months. The ball, therefore, on the roof of the Ministry of Culture.

Pavón also points out in his writing that, not having communicated the property the sale, nevertheless operates the third section of article 23 of the aforementioned autonomous law 4/1998, by virtue of which the Conselleria can exercise the right of withdrawal within a period of six months and buy the historic property under the same conditions as the new owner acquired it.

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Finally, they add that, since there is a budget item for the acquisition of the property, as a result of the citizen’s choice in the participatory budgets of the Generalitat, it is appropriate that, in the event of greatest urgency, the Ministry exercises the right of withdrawal and acquires the property for use and cultural enjoyment of citizenship, as well as for the best preservation of the historical-artistic values ​​of the property.

the real estate group Baraka, owned by the businessman Trinitario Casanova, has finally acquired the building of the old ideal cinema in Alicante and maintains the intention of transforming it into a luxury hotel adapting it to the guidelines set by the City Council and the Ministry of Culture in an operation that will become more expensive by having to reduce the number of planned rooms, which was 61. The final amount of the purchase has not been disclosed to the company «Heirs of Josefina Mingot», with which two years ago the payment of between 4 and 6 million euros was agreed, but the final operation of refurbishing the building to turn it into a hotel will cost 18 million euros, according to sources from the group, which it aspires to manage on its own. account the hotel. Baraka had an agreement so that the management would be in charge of NH in the “collection” category. It remains to be seen what movement the Generalitat will make now, which had budgeted for the purchase of the property but has not finished taking the step forward. At the moment, the old cinema is still in the hands of private initiative but the interlocutors for the negotiation have changed, when the property is handed over to the real estate group, which continues to advertise the hotel project in the center of Alicante on its website. However, sources familiar with the operation suggest that the promoter would not rule out selling either. Almost two and a half years after the announcement of the sale of the building and the pre-agreement with Baraka, last Thursday, three days after the signing of the sale at the notary, the former owners of the building received the first call from the Consell “interested in the purchase”. The former owners referred Trinitario Casanova.

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The Ideal cinema opened its doors in Alicante in 1925 with a project signed by the architect Juan Vicente Santafé y Arellano. After 78 years of projections and theatrical and musical performances, it closed in 2003, being abandoned and doomed to ruin. In fact, there are reports from the Town Planning Department that admit that the interior, which now wants to be saved, was demolished after having suffered fires and, even, an attempt to transform it into a nightclub in the 19 years it has been closed.

The Murcian businessman Trinitario Casanova, owner of the Baraka Group, reached an agreement in principle in 2019 with the family that owns the building that housed the old Ideal cinema, on Avenida de la Constitución in Alicante, for the purchase of the property and turning it into a 61-room hotel with an investment of between 8 and 10 million euros, which has now increased to 18, according to Baraka. The operation was conditional on the construction company receiving the building license, but in the end the businessman Trinitario Casanova took over the property, anticipating the Consell, which a month ago announced that it 5.5 million euros for the acquisition. The term agreed by Casanova with the property ended on Monday, January 24, and the businessman exercised his purchase option despite not having a secure building license.

Rights of first refusal and withdrawal.

Article 22.3 of the Heritage Law establishes that without prejudice to the preferential acquisition rights that the Spanish Historical Heritage Law establishes in favor of the State Administration, those who propose the transfer for consideration of the domain or real rights of use and enjoyment of a property included in the General Inventory of the Valencian Cultural Heritage, or with respect to which an inclusion file had been initiated, must notify the Ministry competent in matters of culture, indicating the identity of the acquirer and the price, form of payment and other conditions of the transmission that is intended. “In the case of real estate, it will be accurately identified by providing a location plan and cadastral and registration identification, where appropriate. For this type of property, the Ministry responsible for culture, within a period of ten days, will communicate the transmission to the corresponding City Council for the purposes provided for”, according to the law.

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Within the two months following the notification received by the Regional Ministry responsible for culture, the Generalitat may exercise the right of first refusal, for itself or for other entities governed by public law or of a cultural or charitable nature declared to be of public utility, forcing the payment under the same conditions as those agreed by those who carry out the transmission. The trial may also be exercised by the municipalities, within the same period, in relation to the real estate located in its municipal term. The exercise of the right of first refusal by the Generalitat will in any case have a preferential nature.

“If the purpose of disposal had not been properly notified or the transfer had been carried out under conditions other than those notified, the Generalitat, and

Subsidiarily, the corresponding City Council, in the case of real estate, may, in the same terms established for the trial, exercise the right of withdrawal in

within six months since he had reliable knowledge of the transmission”, which again leaves the acquisition of the Ideal in the hands of the Administration.

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