STANDARD CONDITIONS FOR TENDERS IN THE TOWN OFFICE OF JELENIA GÓRA:
Before joining the tender, the participant shall be obliged to familiarize with the subject of the tender!
The tender security in cash, in the amount defined above, should enter the deposit account of the Jelenia Góra City – Bank MILENIUM S. A. I Branch in Jelenia Góra
with the indicated registration number of the ground property
The participants of the tender shall be obliged to have:
evidence for lodging the tender security which is subject to be submitted to the tender committee and statement that the participant familiarized with the subject of the tender,
in case of natural persons intending to purchase the property in connection with the business activity conducted – valid certificate on the entry into the register of business activity, which should be submitted in the Department of the Geodesy and Property Economy of the Town Office of Jelenia Góra at Ptasia street 2/3, I floor – room no 111,
in case of legal persons and other entities without legal identity who are subject to registration – valid extract from the register and proper powers of attorney of persons representing the entity who should be submitted in the Department of Geodesy and Property Economy of the Town Office of Jelenia Góra at Ptasia street 2/3, I floor – room no 111,
Participants take part in the tender in person or by means of a proxy. Power of attorney requires a written form and should be submitted with a confirmation of paying a stamp duty for power of attorney – on the basis of the provisions of the act 16th of November 2006 on a stamp duty /J. of L. No 225 it. 1635 as amended) in the Department of Geodesy and Property Economy of the Town Office of Jelenia Góra at Ptasia street 2/3, I floor – room no 111,
The persons who will not provide documents, will not be admitted to participate in the tender.
The purchase of the property by foreigners may take place in case of obtaining the permit of the Minister of Internal Affairs and Administration, if it is required by the provisions of the act of 24th of March 1920 on purchasing the property by the foreigners (unified text J. of L. of 2004 no 167 it. 1758 as amended).
Tender security paid by the participant of the tender, who won the tender is included in the purchase price of the property. The remaining participants of the tender are paid the securities immediately after a written disposition of the payer. The payment of the transfer security is made into the indicated account.
After the tender won, the purchase shall be obliged to complete the payment up to 100% of the price bided for the purchase of the land as ownership + 23% VAT and the security in case of selecting the form of security for the construction of the property
Notary and court fees connected with concluding the agreement in the form of a notary deed should be borne by the purchaser of the property.
Failing to pay the completion of the fees abovementioned for the property purchased and the security (in case of selecting the form as a security for the date of the property construction) or failing to conclude the agreement in the form of a notary deed within the period provided shall mean forfeiture of the security.
The purchaser of the ground property shall be obliged to build it within 5 years, which means constructing the building in a raw closed condition. The date runs from concluding the sale agreement of the property (notary deed).
After constructing the building in accordance with the purpose, the purchaser shall be obliged to report the facility for usage in the proper Office. In case of failing to keep the above date for developing the ground, the purchaser shall be obliged to pay contractual penalties in the amount of 10% the purchase price of the property in the first year after the ineffective lapse of the date for its developing, and for each subsequent year by next 10% of the price.
The payment of contractual penalties shall be secured through establishing the mortgage on the real estate up to the amount of 20% of its price or paying the security to the account of the Office in the amount of 20% of the bided price of the property, the form of which will be defined by the purchaser after the completion of the bidding, before signing the protocol on the tender.
In order to secure the claims of the Commune Jelenia Góra, which may arise from the non-payment of the contractual penalty, the purchaser shall be subject to execution on the basis of art.777 § 1 point 5 of the code of civil procedure up to the amount of 20% of the bided price of the real estate to the Commune of Jelenia Góra.
In case of selecting to pay the security as the form of securing the realization date of the real estate which is subject of the announcement; in the first year after ineffective period for its management, the amount of 50% of the security to the Town shall be forfeited (which constitutes 10% of the purchase price of the property) and in the second year the next 50% of the security. For each subsequent of the delay in managing the property, the penalty shall be increased by subsequent 10 % of the purchase price of the property. The reimbursement of the security shall take place with interest resulting from the agreement of the bank account, on which it was stored, less the costs of conducting the bank account and the bank commission for the transfer of cash to the bank account indicated by the owner of the property. The reimbursement of the security shall take place upon managing the property in the manner referred to above, within the period defined in the sales agreement.
The purchaser shall take over the property in „as it is” condition.
The price of the plot does not include the renewal costs of border signs. If need be to show the limits, the purchaser shall establish the conditions thereof with the geodesist selected by himself. Showing the limits shall take place at the purchaser’s cost.
Using any devices of communal and technical infrastructure shall require the agreement with the deponents of the network and shall encumber completely the purchaser of the real estate. The devices of communal and technical infrastructure existing on the real estate may be used by the purchaser only and exclusively under the conditions defined by the deponents of the devices.
In the event when the networks running and devices existing on the real estate collie with the realization of the intended investment, the purchaser shall be obliged to submit them at his own cost and with due diligence in agreement with unit industry and owners of the networks.
The trees existing on the plot shall be subject to protection, and the investor who will obtain the permit for removing the trees or bushes, which absolutely collide with the management of the real estate, shall bear the fees connected therewith. In accordance with art. 83 it. 1 of the act of 16th of April, 2004 on environment protection (J. of L. No 92, it. 880 as amended), removal of trees or bushes from the area of the real estate may take place after obtaining the permit issued by the President of the Town at the request of the owner of the real estate. Detailed information may be obtained in the Department of Municipal Economy and Environment Protection of the Town Office.
In the event when the real estate covered with the announcement are located in the area, for which there is no local plan of spatial development, obtaining the building permit by the investor, it must be preceded by obtaining the decision on development and area development conditions for the investment realized.
After purchasing the real estate, the purchaser shall be obliged to submit to the Financial Department of the Town Office of Jelenia Góra the declaration in the area of tax on real estate.
The President of Town may recall the tender only for important reasons, immediately giving the information on recalling the tender for public domain, through putting on in the seat of the Town Office and announcing in the press giving the reason for recalling the tender.
The announcement is placed on the website nieruchomosci.jeleniagora.pl and on the announcing board of the Town Office of Jelenia Góra.
Additional information concerning the real estate may be obtained in:
Room no 111 of the Department of Geodesy and Real Estate Management of Town Office of Jelenia Góra at Ptasia street no 2-3, 1st floor or on the phone no 75/ 75-46-304, fax. 75/ 75-46-203. Tender Committee shall conduct the tender in accordance with the act of 21st of August 1997 on real estate economy (unified text of 2010 J. of L. no 102, it. 651 as amended) and the regulation of the Council of Ministers of 14th of September 2004on the manner and the mode of conducting the tenders and perspectives for selling the real estate (J. of L. No 207, it.2108 as amended).
In 6-week periods, indicated with the announcements of the President of the Jelenia Góra Town on establishing the lists of real estate intended for sale, which are covered woth the announcement, no petitions entered from persons who are have the preemptive right to purchase them on the basis of art. 34 it.1 point1 and point 2 of the act on real estate economy /unified text of 2010 J. of L. no 102, it. 651 as amended/.