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Second tender no. 2/RA/2017

Industrial Development Agency joint stock company (IDA) in Warsaw

the managing body of Tarnobrzeg Special Economic Zone EURO-PARK WISŁOSAN acting on its own behalf and on behalf of the city of Radom/ the city with district rights, under Minister of Economy and Labour Ordinance dated 15th November 2004 on tenders and negotiations and criteria for appraisal of intentions concerning business undertakings which are to be adopted within Tarnobrzeg Special Economic Zone EURO-PARK WISŁOSAN (Journal of Laws of 2015, pos. 2065) and the Real Estate Management Act dated August 21st, 1997 (Journal of Laws of 2016, pos. 2147) and the Council of Ministers Ordinance dated 14th September 2004 on the way and the mode of conducting tenders  and negotiations for real estate disposal (Journal of Laws of 2014.,pos.1490)

announces invitation to second tender for:

the selection of an entrepreneur to be granted a permit for business activity  within Tarnobrzeg Special Economic Zone EURO- PARK WISŁOSAN and to acquire owner's title to the real–estate consisting of non-built-up plot no. 25/7 of the area  of 0,9338 ha, located within cadastral community 0070 - Wośniki, cadastral sheet 55,  on Kielecka / Hodowlana street in Radom.

1. The real estate is located within TSEZ EURO-PARK WISŁOSAN, sub-zone Radom.
The real estate is owned by Radom city with district rights. Radom District Court VI Land Registry maintains a land and mortgage register No. RA1R/00097934/6. The first tender was held on November 23 rd 2016.

2. The aforementioned property is not covered by the Urban Development Plan. The area  is embraced with Radom City Council Resolution No. 769/2002 dated July  1st 2002, changed by Radom City Council Resolution No. 512/2004 dated November 8th 2004 in matter of proceed to prepare the change of Urban Development Plan of fragment  of Radom City in the area of Kielecka, Wośnicka and Hodowlana street in Radom.   The change of plan covers the area of plot no. 25 located on Kielecka / Hodowlana street  in Radom.  

According to the Study Of Conditions And Directions Of Development adopted by Radom City Council Resolution No. 221/1999 dated December 29th 1999, changed by Radom City Council Resolution No. 310/2012 dated March 26th 2012 real estate is allocated  in service and industrial zone – marked U/P.

The development conditions will be determine by decision of building and land development.

3. Detailed information on terms and conditions of tender is included in the "Specification  of essential terms and conditions of the tender no. 2/RA/2017", which is available in IDA Warsaw, Branch Office in Tarnobrzeg, between 8.00 am – 4.00 pm, 30 Zakładowa street,  39-400 Tarnobrzeg, phone/fax. 15 822 99 99. The price for the specification is 12.300 PLN gross (23% of VAT tax included) and is to be paid into: Pekao SA I O/Tarnobrzeg, bank account number: 19 1240 2744 1111 0000 4004 2516.

4. The real estate asking price is 467 647,00 PLN, plus possible VAT tax at the rate applicable on the date of sale.

The real estate purchase benefits from the exemption from VAT tax, according to Art. 43 paragraph 1 point 9 of Tax on goods and services Act (Journal of Laws of 2011, number 177 pos. 1054, as amended) – individual Warsaw Tax Agency interpretations  signed IPPP2/4512-625/15-2/MJ and IPPP2/4512-480/16-6/KOM.

In case of the occurrence of circumstances causing no grounds to the VAT tax exemption on the date of the property ownership transfer, especially a final decision of building and land development issue, the real estate tender price will be increased by VAT tax at the rate applicable on the date of sale.

5. The conditions for participation in the tender are purchase of the "Specification of essentialconditions of the tender No. 2 / RA / 2017" and payment a tender deposit. The deposit  must be transferred to the account of the City of Radom Bank Pekao SA II O / Radom 90124032591111000029892305 before the deadline date for submission of tenders at  the latest. The payment by bank transfer should be made in advance so that the deposit is on the account of the Municipality of Radom within the deadline date for submission of bids. The title of deposit payment must clearly indicate the bidder and the property that the payment relates to. Proof of the payment should be submitted to the Tender Commission before opening of tender.

6. The tender deposit is set to PLN 46 800,00.

7. All costs associated with the acquisition of real estate and potential transfer of installation and reconstruction of overpasses shall be borne by the purchaser.

8. Additional informations:

- the prize obtained in the tender is paid on a one-off basis before the notarial agreement,

- completion date of investment – 4,5 year from the day of the notarial agreement,

- additional term is assembling by the participant information that contains:

  • Description of planned real estate developing
  • investment implementation schedule including to a maximum
    4,5 year from the notarial agreement (according to the enclosed pattern)
  • The functional program of objects

-the sales agreement will reserve the right to repurchase the property by the Municipality of Radom within 5 years from the date of the property ownership transfer. The exercise  of the right of repurchase may occur when the buyer sells the property without the consent of the Municipality of Radom, or if, the final decision on the construction permit is not taken within 2 years from the date of sale agreement, or if, the occupancy permit for investment project in accordance with the tender offer is not given within 4.5 years from the date of sale agreement. Upon the exercise of the right to repurchase, the buyer is obliged to transfer the property right on the property seller, on the terms specified in the Civil Code Act of April 23rd 1964 (Journal of Laws of 2016, Pos. 380) without any encumbrance. In case of any encumbrance the Municipality of Radom will be entitled to reduce the return price of encumbrance worth. The right to repurchase the property vested to the seller is protected by an entry in the Land Register.

9. Evaluation of economic project planned for implementation within TSEZ EURO-PARK WISŁOSAN will be made on the basis of criteria set in the Minister of Economy and Labour Ordinance dated 15th November 2004. (Journal of Laws. of 2015, pos. 2065).

10. Offers in sealed envelopes, should be submitted not later than March 24th 2017 4:00 p.m. at IDA Warsaw, Branch Office in Tarnobrzeg, 30 Zakładowa street, 39-400 Tarnobrzeg.

11. Offers will be opened in presence of the Commission, on March 29th 2017, at 12:00 p.m., in IDA Warsaw, Branch Office in Tarnobrzeg, 30 Zakładowa street, 39-400 Tarnobrzeg.

12. If the person selected as the property buyer does not proceed, without justification,
to conclude the agreement in time and place fixed for the conclusion of the sale contract specified in the Mayor of Radom notice, the deposit paid is not refundable, and the property seller will be entitled to withdraw from the contract.

13. The participant of the tender may appeal the actions connected with the proceeding
of the tender in accordance with Art. 40 paragraph. 5 of Real Estate Management Act dated August 21st, 1997 (Journal of Laws of 2016, pos. 2147),  § 11 of the Council of Ministers Ordinance on the manner and mode of conducting tenders and real estate disposal negotiations dated September 14th 2004 (Journal of Laws of 2014., pos. 1490)

14. The Manager of the Zone may:

a) cancel the announced tender only for important reasons; in such case an appropriate abrogation of the tender and the reasons for its dismissal is given to the public,

b) may close the tender without selecting any offer,

c) cancel the tender in the event of an essential change of circumstances resulting in that the proceedings are not in the public interest, which could not have been predicted earlier or the tender procedure has a defect which makes it impossible to issue a permit or conclude
a valid agreement on granting the right to the property. In this case the Manager of the Zone will notify all parties and provide factual and legal justification.

15. With respect to the real estate, the Manager of the Zone is entitled to the property right of first refusal, in accordance with Art. 8 paragraph. 2 of the Act of 20 October 1994 on Special Economic Zones (Journal of Laws of 2015, pos. 282 as amended). This right can be executed within one month from the date of notification on concluding of the conditional sale agreement of the property.

16. The full text of the tender notice was publicized by:

- posting on the bulletin board at the Property Management Department of the Municipal Office of in Radom, 30 Kilińskiego street, the second floor;

- posting on the website www.radom.pl (bookmark -For investors, - Real estate department) and www.tsse.arp.pl

- posting in the Public Information Bulletin of Radom city: www.bip.radom.pl and www.bip.arp.pl

- publishing in the national press: „Nasz Dziennik”

17. The excerpt from the tender notice will be posted in the national press: “Nasz Dziennik”. In addition, the content of this announcement in English version has been published on the following websites: www.tsse.arp.pl, www.bip.arp.pl and www.radom.pl www.bip.radom.pl.