Specjalna Strefa Ekonomiczna Małej Przedsiębiorczości S.A.
(Special Economic Zone for Medium Business PLC)
with its registered seat in Kamienna Góra
>58-400 Kamienna Góra, ul. Papieża Jana Pawła II 11 a
tel.: (+48 75) 645 15 03, fax: (+48 75) 744 20 17
being the Manager of Special Economic Zone for Medium Business S.A. in Kamienna Góra and acting on the order of the Town of Jelenia Góra and pursuant to the ordinance of the Minister of Economics and Labour dated 15 November 2004 regarding tendering procedures, negotiations and evaluation criteria of economic projects to be undertaken by businessmen within the area of Kamienna Góra Special Economic Zone for Medium Business (Journal of Laws No 254, position 2539 with later amendments) and on the basis of the Decree of the Minister of Economy dated July 2nd 2009 on entrusting the SSEMP S.A with granting permits for on economic activity and executing supervision over business activities in the Kamienna Góra Special Economic Zone
announces an INVITATION TO JOINT TENDER
in order to select an entrepreneur who will obtain a permit to conduct business within the area of Special Economic Zone for Medium Business entitling to receive public assistance (“Permit”) and shall obtain the ownership rights to the property described below in point 2 where the business activities will be conducted (Property).
1. The tender be participated only by the business entities which intend to conduct a business activity within the area of the Kamienna Gora Economic Zone for Medium Business based on the Permit, satisfying the terms and conditions set down in the law dated 20 October 1994 regarding special economic zones (consolidated text of 2007 published in the Journal of Laws No 42, position 274 with further amendments) and in the ordinance of the Council of Ministers dated December 10th 2008 on public aid which is granted to the entrepreneurs operating based on the permit for conducting the business activity within the area of special economic zones (Journal of Laws No 232, Item 1548 with further amendments).
- 2. The subject of the joint tender are not developed real estates:
– the plot No 52/3 with a surface area of 5000 m sq. for which the District Court in Jelenia Góra keeps the land register (Ksiega Wieczysta) No JG1J/00072653/5 situated in the province of Lower Silesia in the town of Jelenia Góra, area Cieplice II, AM 5 in the Special Economic Sub-Zone for Medium Business and which is owned by the Commune of Jelenia Góra and for which the price is specified in amount of 269,200.00 PLN net (say: two hundred and sixty nine thousand two hundred zlotys). The property is laden with the sanitary sewers with gutters, a melioration ditch and storm drainage gutter.
– the plot No 48/3 with a surface area of 5000 m sq. for which the District Court in Jelenia Góra keeps the land register (Ksiega Wieczysta) No JG1J/00072652/8 situated in the province of Lower Silesia in the town of Jelenia Góra, area Cieplice II, AM 5 in the Special Economic Sub-Zone for Medium Business and which is owned by the Commune of Jelenia Góra and for which the price is specified in amount of 269,200.00 PLN net (say: two hundred and sixty nine thousand two hundred zlotys). The property is laden with the melioration ditch.
which will be sold together as a one property where business activity will be carried out based on the Permit. The calling price for the Property (comprises of plots No 52/3 and No 48/) has been set at PLN 538,400.00 (say: five hundred thirty eight thousand four hundred zlotys). This is a net price and the VAT at 22 percent should be added to it.
Minimum for the tender bidding amounts to: 1 percent over the calling price rounded up to a full zloty, i.e. PLN 5,384.00 PLN.
The ownership rights will be sold by tender pursuant to the law dated 21 August 1997 regarding the property management (consolidated text Journal of Laws 2010 No 102, Item 651 with further amendments).
The rights to the property are unencumbered and free of any rights and obligations in favour of any third parties.
In case the existing plant collides with the planned implementation of an investment programme, the buyer will be obliged to reroute it at its own cost and endeavour having previously obtained agreements from branch units and the owner of the sewers.
3. Taking part in the tender is conditioned by the following:
– purchasing from the Special Economic Zone for Medium Business PLC the “Specification of the essential conditions of the joint tender” (“Specification”),
– paying the deposit,
– making of a written offer containing conditions of the intended enterprise within the zone.
4. The pecuniary value of the deposit amounts to 10 percent of the net calling price, i.e. PLN 53,840.00 (say: fifty three thousand eight hundred forty zlotys) and is payable not later than 12 October 2010 to the bank account of Special Economic Zone for Medium Business. The details concerning the amount, the form, the term of the deposit payment as well as the circumstances of its forfeit are defined within the “Specification of the essential conditions of the joint tender”.
5. The Specifications that gives detailed conditions of the tender can be obtained daily except Saturdays, Sundays and Bank Holidays at the head offices of Special Economic Zone for Medium Business PLC in Kamienna Gora from 800 a.m. to 1530 p.m. on payment the amount of PLN 10,000.00 (say: ten thousand zlotys) net plus the VAT at 22 percent – to the bank account of the Special Economic Zone for Medium Size Business No 02 1090 1942 0000 0005 1800 9564 at BZ WBK S.A. Kamienna Góra Branch. No additional tender conditions besides those described in the hereto invitation to tender and in the Specification has been envisaged.
6. On 16 December 2003 by Resolution No 162/XVI/2003 passed by the Town Council of Jelenia Góra a local spatial plan for the area of Spółdzielcza Street – Lubańska Street, including the hereto said property, was accepted. According to the plan the area has been designated with symbol P, DG – described as industry and business activities.
7. The evaluation of the business enterprise presented in the offer will be conducted on the basis of the criteria in accordance with the “Specification of the essential conditions of the joint tender” and the Decree of the Minister of Economy and Labour dated on the 15th November 2004 regarding tendering procedures, negotiations and evaluation criteria of economic projects to be undertaken by businessmen within the area of Kamienna Góra Special Economic Zone for Medium Business (Journal of Laws No. 254, item 2539 with further amendments).
8. Written tenders should be submitted in sealed envelopes at the head offices of Special Economic Zone for Medium Business PLC (at the Secretary’s Office) not later than on 12 October 2010 until 3:00 p.m. The tendering procedure has been set in the Specification.
9. The opening of the tenders is going to take place at the head offices of Special Economic Zone for Medium Business on 18th October 2010 at 12:00 noon.
10. In case the winning entrepreneur refrains from entering into a sake purchase agreement, the deposit shall not be returned.
11. Either the Management of Kamienna Góra Special Economic Zone for Medium Business or the President of the Town of Jelenia Góra can cancel the tender not choosing any offers or declare the tender null and void in case of serious reasons to do so. In such a case an appropriate information will be issued to public giving the reason for the tender for having cancelled the tender. In such a case the deposit shall be returned.
12. The Management of Kamienna Góra Special Economic Zone for Medium Business can declare the tender null and void in case when there has been a substantial change in circumstances that do not allow to proceed due to public interest that could not have been envisaged earlier or in case when the procedure has been encumbered with a fault not permitting the issuance of the Permit or enter into sale and purchase agreement for the said Property. All the parties shall be notified in writing by the Management regarding the cancellation of the tender giving factual and legal justification.
13. Regarding the Property, the pre-emption rights regarding the property ownership rights belongs to: Special Economic Zone for Medium Business PLC – pursuant to article 8 section 2 of the law dated 20 October 1994 regarding the special economic zones (consolidated text of 2007 Journal of Laws No 42, position 274 with further amendments). The pre-emption rights can by only executed within one month from the day of notification regarding the preliminary sale – purchase agreement to the ownership rights to the Property..
14. Within a 6-week date established by the announcement made by the President of the Town of Jelenia Góra regarding the list of the properties put on sale that pertain to the said announcement, no applications have been received from any person who has the pre-emption rights to purchase such a Property pursuant to article 34, section 1 point 1 and 2 of the law regarding the property management (consolidated text of 2010, Journal of Laws No 102, Item 651 with further amendments).
15. The purchaser of a landed property is obliged to render such a property usable within 3 years. The time runs from the date of sale (a notary public deeds) and also applies to any legal successors. On erecting the building according to its usage the purchaser is obliged to notify it to be usable in an appropriate Office.
In case of default on the aforesaid dates, the purchaser shall be obliged to pay penalties amounting to: 10 percent of the purchase price in the first year following the rendering date and 10 percent of that price for every year that follows. The payment of penalties shall be secured by the establishment of deposit mortgage on the property or by paying in a deposit amounting 20 percent of the aforesaid price.
In order to secure any claims on the part of the Commune of Jelenia Góra that can result through the default on the contractual penalty (applies to the depository mortgage) the purchaser shall submit to the rigours of execution pursuant to article 777 paragraph 1 point 5 of the Civil Conduct Code to the amount of 20 per cent of the value of the property in favour of the Commune of Jelenia Góra.
In case when the payment in of the deposit has been chosen as a form to secure punctual rendering the property usable; in the first year of the default in rendering the property useful 50 percent of the deposit is going to forfeited in favour if the Town (amounting to 10 percent of the purchase price), and in the following year the remaining 50 per cent of the deposit is to be forfeited.
The penalty for every following year of the delay in rendering the property useful for its purpose the penalty is to be increased by a further 10 percent of the property purchase price.
The deposit shall be returned on the timely completion of the building and construction development according to the set development schedule.
16. Prior to the tender participant is obligated to get acquainted with the subject of the tender.
17. The purchaser acquires the real estate as is.
18. The price of the real estate does not include showing of the borders updates. In case of a need to show borders the purchaser will agree on conditions with land surveyor (chosen by the buyer). The purchaser will be responsible for the cost of showing of the borders.
19. The content of the following invitation in Polish version has been published on the website of the Special Economic Zone for Medium Business PLC (SSEMP S.A.).: www.ssemp.pl