THE WALBRZYCH SPECIAL ECONOMIC ZONE
“INVEST – PARK” sp. z o.o. with its seat in Walbrzych,
58 – 306 Wałbrzych, Uczniowska 16,
Phone: (+48 74) 664 – 91 – 64; fax: (+48 74) 664 – 91 – 62
as the Manager of the Walbrzych Special Economic Zone “INVEST – PARK”, acting as per commission of the Boleslawiec Municipality and based on the ordinance of the Minister for Economy and Labour dated November 15th, 2004 on tenders and negotiations, as well as on criteria for evaluating the intended business undertakings which are to be commenced by business entities within the area of the Walbrzych Special Economic Zone “INVEST – PARK” (Journal of Laws No. 254, Item. 2550, as amended)
announces an invitation to a combined tender
aimed at selecting a business entity which will obtain a permit for carrying out a business activity within the area of the WSEZ “INVEST – PARK” which gives a right to benefit from public aid (“Permit”) and which will acquire a Real Property, defined in point 2 below (in a framework of sale agreement) where such business activity will be carried out.
1. The tender may be participated only by the business entities which intend to conduct a business activity within the area of the WSEZ “INVEST – PARK”, based on the Permit, satisfying the terms and conditions set down in the Special Economic Zones Act dated October 20th, 1994 (consolidated text Journal of Laws of 2015, Item 282) 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 (consolidated text Journal od Laws of 2015, Item 465) and in accordance with conditions set down in the Concept, defined in point 6.1. of Attachment to the Ordinance of the Council of Ministers dated August 31st, 2009 on establishment of the Wałbrzyska Specjalna Strefa Ekonomiczna “INVEST – PARK” development plan (Journal of Laws No. 158, 1253).
2. The assets which are subject to the tender include the real property (not developed) with a total surface area of 25,4520 ha, situated in dolnoslaskie voivodeship, boleslawiecki district, Boleslawiec Municipality, Boleslawiec town, boundary 0004 Boleslawiec-4, AM 07, owned by the Boleslawiec Municipality, consists
– No. 541/8 of area 24,8158 ha, i.e. ŁIV – 0,6254 ha, RIVa – 20,4812 ha, RIVb – 3,6216 ha, W – 0,0876 ha,
– No. 541/10 of area 0,0510 ha, i.e. RIVa – 0,0338 ha, RIVb – 0,0172 ha,
– No. 541/12 of area 0,5852 ha, i.e. RIVa – 0,4706 ha, RIVb – 0,1146 ha,
for which the District Court in Boleslawiec, V Department of Lands Registers maintains the Land and Mortgage Register Book No. JG1B/00014912/7, where the plot No. 541/8 is located in the Boleslawiec Subzone of WSEZ “INVEST-PARK” and plots No. 541/10 and No. 541/12 are located outside the Boleslawiec Subzone of WSEZ “INVEST-PARK”, ( “Real Property”).
3. Initial price for the Real Property is specified in amount of 13,365,000.00 PLN (say: thirteen million three hundred sixty five thousand zlotys 00/100). This is a net price.
4. The condition to participate in the tender is purchase of the “Specification of Material Terms and Conditions of the Combined Tender No. 394 (“Specification”) from the WSEZ “INVEST – PARK” sp. z o.o. and payment of the tender deposit.
5. The tender deposit in money amounts 10% of the initial net price for the Real Property, i.e. 1,336,500.00 PLN (say: one million three hundred and thirty six thousand five hundred zlotys 00/100), must be paid by 18.11.2015 r. to the following bank account of the WSEZ “INVEST – PARK” sp. z o.o.: No. 23 1020 5095 0000 5202 0007 4138 in PKO BP S.A. O/Wałbrzych. The day of payment of the tender deposit shall be the day on which the tender deposit is accounted against bank account of the WSEZ “INVEST – PARK” sp z o.o. The copy of the proof of payment of the tender deposit must be attached to the offer.
6. According to the local spatial development plan of Boleslawiec town, enacted by the Town Council in Boleslawiec the Resolution No. LIII/502/06 of 27.09.2006 on enacting the spatial development plan of the area located at Modlowa street in Boleslawiec, published on 03.11.2006 in the Journal of Laws of Dolnoslaskie Vivodeship No. 233, Item 2298 and according to arrangements of local spatial development plan of Boleslawiec Town – Resolution No. XV/107/07 of Town Council in Boleslawiec dated 31.10.2007 on enacting the local spatial development plan od Boleslawiec Town (Journal of Laws of 04.01.2008, No. 1, Item 5), the Real Estate is designed for area of production buildings, warehouses and bases – marked on the plan drawing with symbol – 2Pp.
7. The area of the Real Estate is covered by trees and bushes. Any removal of trees growing in the area requires a permit and pay fees in accordance with the Nature Conservation Act of 16 April 2004 (consolidated text, Journal of Laws of 2013, Item 627 as amended).
8. The sewage system, gas network, power network and electricity pylons are located in the Real Estate. The buyer will be obliged to agree with the owners of the networks any possible changes of the networks courses, their expansion and funding of those works, taking into consideration existing law. In case the buyer will not require a change of the networks courses, it will be required to agree on market conditions with every network owner the rules for the use of that part of the land, under which runs a network.
9. Before issuing a building permit, the buyer must apply to the District Office in Boleslawiec Department of Environment for authorization to the exclusion of land from agricultural production.
10. The business undertakings which are to be commenced within the area of the Walbrzych Special Economic Zone ”INVEST – PARK” and which will be defined in offers are subject to assessment based on the criteria defined in § 11 of the Ordinance of the Minister for the Economy and Labour dated November 15th, 2004 on tenders and negotiations, as well as on criteria for evaluating the intended business undertakings which are to be commenced by business entities within the area of the Walbrzych Special Economic Zone “INVEST – PARK” (Journal of Laws No. 254, Item 2550, as amended).
11. The Specification which contains the detailed terms and conditions of the tender is available everyday, except for Saturdays, Sundays and holidays, from 745 a.m. to 300 p.m. at the seat of the WSSE “INVEST – PARK” sp. z o.o., upon payment of PLN 14,760.00 PLN gross (say: fourteen thousand seven hundred sixty zlotys 00/100) with VAT to the following bank account of the WSEZ “INVEST – PARK” sp. z o.o.: No. 23 1020 5095 0000 5202 0007 4138 in PKO BP S.A. O/Wałbrzych. No additional terms and conditions of tender are anticipated, except for those defined in the present invitation and in the Specification.
12. Written offers should be submitted in closed envelopes at the seat of the WSEZ “INVEST – PARK” sp. z o.o. by 18.11.2015, till 300 p.m. The manner of preparing the offer is defined in the Specification.
13. The envelopes will be opened at the seat of the WSSE “INVEST – PARK” sp. z o.o. on 23.11.2015 at 10:00 a.m.
14. In case the entrepreneur determined during the tender as the purchaser of the Real Property will not pay the purchase price for the Real Property within the time limit specified in the Specification or will not enter into a conditional sale agreement of the Real Property and/or into a ownership right transfer agreement of the Real Property at the agreed place and date without justification, the organizer of the tender may withdraw from entering into the agreement and the paid tender deposit will not be returned.
15. The participant of the tender may appeal the actions connected with the proceeding of the tender – in the mode set down in § 11 of the Ordinance of the Council of Ministers dated September 14th, 2004 on methods and procedures of conducting tenders and negotiations for sale of the real properties ( consolidated text of Journal of Laws of 2014, Item 1490).
16. The WSEZ “INVEST – PARK” sp. z o.o. Manager or the President of Boleslawiec Town may close the tender without choosing of any offer or they may cancel the announced tender only in case of some important reasons; in this case proper information will be given to the public information with indication of the reason of tender’s cancellation. The WSSE “INVEST – PARK” sp. z o.o. Manager may invalidate the tender in the event of: a material change of circumstances resulting in that the continuation of the tender procedure is not in the public interest, which could not have been predicted earlier or/and the tender procedure has a defect which makes it impossible to issue the Permit or conclude a valid agreement on granting the right to the Real Property. The WSEZ “INVEST – PARK” sp. z o.o. Manger will inform all offerors at the same time, in writing, about invalidation of the procedure, giving the factual and legal reasons therefore.
17. Regarding the Real Property the Walbrzych Special Economic Zone “INVEST-PARK” Sp. z o.o. has a pre-emption right, according to article 8 item 2 of the special economic zones Act dated October 20th, 1994 (consolidated text Journal of Laws of 2015, Item 282). The pre-emption right can be executed within one month from the date of notification about concluding of the conditional sale agreement of the Real Property.
18. The persons who are described in article 34 item 1 point 1 and point 2 of the Act dated August 21st, 1997 on administration of real properties (consolidated text Journal of Laws of 2015, Item 782, as amended) have priority right for purchase of the Real Property based on article 34 item 1 point 1 and point 2 of this Act, under condition they submitted application in this matter within 6 weeks from the date of posting of the list and made a statement that consent to the price specified in the list.
19. The content of the following invitation in Polish and English version is published on the web side of the WSEZ “INVEST-PARK” sp. z o.o.: www.invest-park.com.pl in section Tenders/Permits – Pendin