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The Warsaw Voice » Business » December 19, 2007
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Zakłady Mechaniczne "PZL-Wola" Spółka Akcyjna (PZL-Wola SA)
December 19, 2007   
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Zakłady Mechaniczne "PZL-Wola" Spółka Akcyjna (PZL-Wola SA) based in Warsaw at 22 Fort Wola St., 00-961 Warszawa, hereby invites interested parties to price negotiations concerning the sale of real estate comprising:
  • the right of perpetual usufruct (99-year lease) to a land property made up of plots with register numbers 2, 3 and 4 from quarter 6-07-10, with a total area of 50,340 square meters, for which the District Court for Warsaw Mokotów, Real Estate Register Department X, maintains real estate register WA4M/00054226/8;
  • the right of ownership to a building standing on the aforementioned plots, comprising a property separate from the land, in the form of a warehouse and office building with a usable space of 32,662 sq m.

The said land property is located in Warsaw, on Człuchowska and Sowińskiego streets.

Parties interested in joining the negotiations should submit a bid fulfilling the terms listed below, by Jan. 14, 2008, 3:30 p.m. at the latest, at the headquarters of PZL-Wola SA in Warsaw, 22 Fort Wola St.

I. A bid should include:

1. the date, first name, surname and address of the Applicant, or the company name and headquarters if the Applicant is a legal entity or an organizational unit not being a legal entity which has been granted legal capacity by law, and also a valid copy of the appropriate register entry or a certificate of entry in the business records, a Company statute or articles of incorporation or a resolution (decision) of the relevant Company bodies if the statute, articles or binding regulations provide for such bodies' consent to legal action in the form of submitting a bid in the present tender and signing any agreement on its basis. In the case of married couples, if one spouse is a participant in the bidding process, they must present the written consent of the other spouse with a signature confirmed by a notary;

2. the following statements:

a) a statement from the Applicant agreeing to cover all the costs linked to purchasing the real estate, including notary's and court fees and any applicable taxes as well as the costs of a sworn translator (for entities using a language other than Polish);

b) the Applicant's statement that they are familiar with the terms of the negotiations and information materials, and that they accept those terms without reservation;

c) the Applicant's statement that they are familiar with the actual and legal status of the real estate and have no reservations regarding that status;

d) in the case of private individuals, the following statement: "I consent to the processing of the personal data contained in my bid for any purpose necessary for concluding the sale/purchase of the fixed asset (in accordance with the Aug. 29, 1997 law on the protection of personal data, Dziennik Ustaw journal of laws No. 33, item 883);"

3. the price bid and method of payment;

4. any appropriate powers of attorney unless the right to represent the Applicant stems from the document specified above in item 1;

5. a copy of the Applicant's personal identity document and his/her tax identification number (NIP) if the Applicant is a private individual, and in the case of a person who is not a Polish citizen, a copy of their passport, and in the case of a foreign entity without registered headquarters in Poland-the appropriate register document specifying the entity's name, legal form, headquarters, the composition of the management body and its power of representation, and any power of attorney for persons acting on behalf of that entity if such persons are not members of the management body, all required documents to be provided with a sworn translation into Polish.

The content of the bid and the enclosed documents should be in Polish (any translations to be made by a sworn translator).

All the documents have to be valid; the Applicant should include a written statement to that effect. If copies of documents are presented, they should be confirmed as conforming to the original by a notary.

All submitted documents and statements should be appropriate for the legal form of the entity and the type of its operations.

II. Negotiations with Applicants who seek to take part in the negotiations shall be held Jan. 21-23, 2008. The negotiations shall be held in Polish. In the case of Applicants using a language other than Polish, translation/interpreting by a sworn translator/interpreter is mandatory. Participants in the negotiations or individuals representing them must present their ID to the Negotiation Team prior to the start of the negotiations. Applicants shall be informed in writing about the result of their bid.

III. The Applicant whose bid is accepted is obligated to sign a Preliminary Contract. Before signing the Preliminary Contract the Applicant shall pay a deposit of zl.5,000,000 (five million zlotys) to trust account no. 02 1750 0009 0000 0000 0938 7331 within the deadline specified during the negotiations.

The choice of Applicant made by the Management Board of PZL-Wola SA requires the approval of PZL-Wola SA's statutory bodies.

Lack of the said bodies' approval of the Management Board's choice of Buyer is equivalent to annulling the negotiation result. In such a case the aforementioned deposit shall be returned (without interest) within a deadline specified in the trust account contract, without any further right of claim for the previously chosen Buyer.

If the Management Board of PZL-Wola SA selects a buyer who is a Polish entity, a final property sale contract shall be signed with the Buyer within a time agreed by the Parties but no later than 30 days from the date of notification about the PZL-Wola SA statutory bodies' approval of the choice of Buyer made by the Management Board.

If the Management Board of PZL-Wola SA selects a Buyer who is a foreign entity, and if the said buyer needs the consent of the Polish interior minister for the purchase of the real estate, in accordance with the law of March 24, 1920 on the purchase of real estate by foreigners (Dziennik Ustaw journal of laws 04.167.1758, as amended), hereafter referred to as the "permit," a Preliminary Sale Contract shall be signed by the Parties within a mutually agreed time, while the final property sale contract shall be signed within 30 days of the foreign entity obtaining the aforementioned permit, on condition that the PZL-Wola SA statutory bodies had previously approved of the Management Board's choice of Buyer.

Any contracts and agreements shall be drawn up in Polish, and are subject to Polish law and the jurisdiction of Polish courts. All documents concerning the negotiation process shall be drawn up in Polish. Any documents and declarations drawn up in a foreign language must be translated into Polish by a sworn translator.

The obligations of the Applicant whose bid is selected include:
  • signing the Preliminary Contract;
  • paying the deposit of zl.5,000,000 (five million zlotys) within the time specified during the negotiations;
  • paying the price bid in the negotiations, minus the deposit paid plus the applicable tax, one day before the signing of the final sale contract at the latest (where the day of payment shall be the day the transfer is entered on the trust bank account).

IV. PZL-Wola SA reserves the right to freely choose the Applicant, to hold additional negotiations, to extend the deadline for submitting bids, as well as the right to close the negotiations at any stage without suffering any legal or financial sanctions.

The invitation to price negotiations and the terms of the negotiations as well as information materials on the real estate may be changed or revoked at any time with no reason stated.

Information materials are available at the Company's headquarters.

The required documents (listed in section 1), in a sealed envelope with the description: "Dokumenty związane z uczestnictwem w negocjacjach cenowych w celu nabycia nieruchomości gruntowej, składającej się z działek o numerach ewidencyjnych 2, 3 i 4 z obrębu 6-07-10 o łącznej powierzchni 50.340 m2" ("Documents related to participation in price negotiations for the acquisition of a land property comprising plots with register numbers 2, 3 and 4 from quarter 6-07-10, with a total area of 50,340 sq m"), should be sent to the Company's address at Zakłady Mechaniczne "PZL-Wola" Spółka Akcyjna - Dział Gospodarki Majątkiem (Asset Management Department), or submitted in person to room 14, 4th floor (office building) within the deadline specified in section 1. Documents sent by post need to arrive at the Company's headquarters by Jan. 14, 2008 at 3:30 p.m. at the latest.

The property subject to the negotiations may be viewed on weekdays (Monday to Friday) from Dec. 19, 2007 to Jan. 10, 2008, 11 a.m. to 3 p.m., after making an appointment with the Asset Management Department of PZL-Wola SA, tel. (+48) 22 634 40 23.
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