SEPSIPARK Industrial Park Operational Regulation
The current Regulation of 24.11.2022
Preliminaries
The SEPSIIPAR Industrial Park in SFANTU GHEORGHE spreads over 28.79 ha and is located in Sfantu Gheorghe, in the Campul Frumos neighbourhood. The land is entirely owned by the Municipality of Sfantu Gheorghe. The main objective for the creation of the industrial park is drawing investors to encourage the economic development of Sfantu Gheorghe.
The Industrial Park is managed by SC SEPSIIPAR SRL, company owed by the Municipality of Sfantu Gheorghe (99.8%) and by URBAN LOCATO SRL (0.2%).
The Industrial Park has under its management an office building consisting of ground floor+2 with a net area of 1744 m2, a scenery manufacturing hall with an area of 1068 m2, and a workshop with an area of 369 m2. Public or private property buildings and industrial halls are erected in the Industrial Park. The land in the Industrial Park has road and utilities infrastructure.
SC SEPSIIPAR SRL is pursuing for the park mainly investments in the following areas.
a) information technology;
b) electronics and telecommunications;
c) manufacturing of industrial components and sub-assemblies;
d) manufacturing of optical and photographic devices and instruments;
e) machinery and equipment, mechanical construction and sub-assemblies;
f) wood processing;
g) light industry;
h) transport and storage services;
i) services related to production activities;
j) other services specific to industrial parks.
h) specialised design
Activities will be carried out in compliance with all the technical requirements mentioned in the environmental protection laws in force.
I. The Sepsiipar Industrial Park land offer
The land in the park may be:
a) conceded for 49 years;
b) conceded for 49 years, with an option to purchase after a minimum of 5 years after 100% fulfilment of the investment;
c) purchased upon the initial move to the Park.
If the land is purchased (according to points b) and c) above), the minimum sale price will be determined after the intention to purchase is expressed, based on an appraisal made by an expert authorised by the National Association of Authorised Romanian Valuers. In cases covered by point b), the land value will be determined without taking into account any investment made by the concessionaire after the execution of the concession agreement. In cases covered by point c), if the concessionaire fails to erect the proposed investment within 3 years, the Municipality of Sfantu Gheorghe may buy back the purchased land, under to the same price conditions as the initial sale, based on the EUR/RON exchange rate published by the National Bank of Romania for the buy back date. After the buy-back, the investor may enter into a concession agreement for 49 years, for the price of 1.5 Euro/square meter/ year + VAT, provided that the concession fee is paid retroactively.
The land may be conceded for a period of 49 years, based on a public tender, according to the requirements herein and to the Industrial Park Concession Regulation. The minimum area to be conceded is 1000 m2. The amount paid by investors for the concession consists of the concession price. Additionally, the Industrial Park charges a management fee for management services.
The starting price for the tender for land concession is 1.5 €/m2/year, plus VAT. The concession fee shall be increased by 50% if after the end of the first contractual year the tenant fails to submit to the park manager the building permit issued for the investment. The concession fee shall be increased by another 50% if the final acceptance of the investment is not carried out by the 2nd contractual year. In well justified cases, the General Shareholders’ Meeting of SC SEPSIIPAR SRL may waive these requirements.
After the acceptance of the proposed investments,, the successful tenderer may receive discounts of the concession price based on a score obtained based on the type of activity that will be carried out, the number of jobs created, the value of the investment and the average salary of park employees, as follows:
a) score between 0- 10 points: no discount
b) score between 11-25 points: 10% discount
c) score between 26- 49 points: 20% discount
d) score between 41-60 points: 30% discount
e) score over 61 points: 50% discount.
The score is awarded as follows:
| Investment value (VAT excluded)Investment value (VAT excluded) | 250.000 - 400.000 € | 400.001 - 1.000.000 € | 1.000.001 - 5.000.000 € | Over 5.000.000 € |
| 0 points | 5 points | 10 points | 20 points | |
| Number of jobs created | 10-20 | 21-50 | 51-100 | Over 100 |
| 5 points | 10 points | 20 points | 30 points | |
| Activity profile | Research, development, high tech | Industry and constructions | Services and Tourism | Commerce |
| 20 points | 15 points | 10 points | 0 points | |
| Average salary* | Higher than the national average salary | Higher than the national average salary + 10% | Higher than the national average salary + 20% | Higher than the national average salary + 30% |
| 10 points | 15 points | 20 points | 25 points |
* The average salary is calculated as the total gross salary of industrial park employees over a calendar year, divided by 12. The comparison is made to the national average salary for that calendar year.
Investors that set their registered office in the park will receive an additional 10% discount of the land concession price obtained after applying the discounts granted based on the score awarded.
The management fee is applied as follows:
a) 0.2 €/m2/year + VAT for the term of the concession
b) 0.5 €/m2/year + VAT for purchased land
The payment method will be set in the management agreement.
Services provided for the management fee:
reception, info-point;
including the tenants in the park’s promotion and PR program;
business development consultancy and information;
facilitated relationship with university centres in Sfantu Gheorghe and Brasov;
maintenance, repairs for roads, common green areas and public space cleaning;
public lighting of the area and of the access roads and pedestrian walkways;
security and protection of common areas and of the park perimeter;
rapid intervention on the utility systems outside the tenants’ perimeter;
drainage of rain water and waste water, maintenance and operation of the water treatment plant;
the right to use the conference rooms and corresponding equipment – computer, audio – video system, public address system, video projection;
online newsletter regarding the main decisions concerning the activities carried out within the industrial park adopted by the competent authorities and bodies;
other similar services.
Investors may choose to lease office space in the administrative building. The lease may be made for a maximum of 5 years without exceeding the term of the concession agreement entered for the investment.
Offices may be leased in the administrative building to be used as registered office/office by business operators that don’t want to invest in the Industrial Park. The term of the lease is 3 (three) years, renewable, subject to price renegotiation, unless other companies that invested in the Industrial Park express their intent to lease.
Space is leased based on a public tender, according to the requirements herein, the starting price for the monthly rent starts from 3 €/m2/month, plus VAT. The lease and use terms for the common spaces will be included in the lease agreement. The cost of utilities corresponding to the office spaces on lease (including the common areas) will be a flat rate.
The interested parties may choose to lease a workshop located on the land the concession of which is put out for tender. The starting price for the monthly rent of the workshop is 2 €/m2/year, plus VAT.
For the award of the building ”Scenery manufacturing hall” and corresponding land, the concession procedure will be applied. Exceptionally, based on the decision of the General Shareholders’ Meeting, the right to use the hall may be awarded as a lease for a maximum term of 5 years, in which case the start price for the monthly rent will start at 3 €/m2/year, plus VAT. Given that the hall is partitioned, the property may be leased by more than one tenant.
The buildings (the former Zoocomp stables) on the land the concession of which is put out for tender will be sold to the interested investors with the concession of the land. The buildings’ sale price will be determined based on appraisals made by experts authorised by the National Association of Authorised Romanian Valuers.
II. Access to the Industrial Park
Each investment proposal will be reviewed and approved by simple majority of votes by a committee consisting of 5 members, 2 from the Local Council, the Park Manger, the representative of the Covasna Chamber of Commerce and Industry and the Mayor of Sfantu Gheorghe (or the Mayor’s appointed delegate). The committee will set, with the investor, the latter’s obligations with regard to the investment and any related obligations (deadlines). The obligations mainly concern the number of jobs to be created and maintained, the salary level, the activity profile, the investment value. Any investor that doesn’t meet the obligations as undertaken must retroactively pay the concession fee difference, based on the actual circumstances. Moreover, the committee will submit a proposal to the investor regarding the exact location of the land proposed for such investment. The tender for the land will start after the committee receives the investor’s written agreement. The concession and operation of the land is also possible for real estate developers, in which case the activities carried out by the user/tenant and any related obligations thereof must be approved by the Industrial Park. Real estate developers cannot receive any discount of the concession price. Any tenders will be organized at the initiative of the manager SEPSIIPAR SRL according to the terms mentioned in Management Agreement no. 52.524/2017 concluded with the Municipality of Sfantu Gheorghe.
1. Qualifying requirements
Concession applications may be submitted by investors, legal persons and authorised (self-employed) natural persons, organised under the laws in force. They must demonstrate that none of the following circumstances apply:
a) Bankruptcy;
b) Their business is supervised and managed by the court;
c) The business is suspended or subject to any circumstances similar to the above, according to the legal procedures in their country of origin;
d) They are about to become subject to bankruptcy or liquidation proceedings, to be managed by the court, to enter financial arrangements with the creditors according to the legal procedures in their country of origin;
e) They were convicted by final ruling for an offence regarding their professional conduct.
Investors must submit an affidavit stating that none of the circumstances described under items a. – e. apply to them.
2. Information/documents to be provided by the investors:
A. Information/documents to be provided by the investors with the Letter of Intent:
a) Letter of Intent mentioning: the activities that will be carried out on the land subject to the concession agreement, the minimum value of the investment that the investor commits to make, and the minimum number of jobs that the investors intends to create;
b) Affidavit that to the best of their knowledge and belief none of the circumstances mentioned under ”qualifying requirements” apply and that they don’t owe any outstanding amount to the state or local budget, that they don’t have a criminal or tax record and that they have the necessary funds for the investment;
c) Organisation chart; (included in the business plan);
d) Copy of the last annual balance sheet submitted to the local tax authority, with proof of submission;
e) Extended information (online excerpt from the National Trade Register Office);
f) Business plan showing that the business which will be carried out in the park is viable;
g) History of litigations.
B. Information/documents to be provided by the investor with the Tender Participation Documentation:
a) Confirmation of Company Details issued by the Trade Register Office;
b) Tax certificate certifying the payment of all obligations to the state budget, national social insurance budget, unemployment insurance budget, single-payer national health insurance fund and other budgets;
c) Tax certificate certifying the payment of all obligations to the local budget;
d) Criminal record certificate;
e) Power of attorney granting the right of signature for all the documentation on behalf of the investor, if the person is not the director of the company.
3. Minimum eligibility criteria:
a) The investor must be a registered company;
b) For the lease of office space, the investor may also be a company the registration of which is in progress;
c) The investor only intends to carry out in the Industrial Park activities endorsed by SC SEPSIIPAR SRL;
d) The investor must submit all the documents required under articles 23 and 24;
e) The minimum area of land conceded must be 1000 m2.
4. Minimum obligations of each Tenant
a) Ensuring the security of their own investment;
b) Establishing connections only to the Industrial Park utilities, except for renewable sources energy as part of the investment made in the Industrial Park.
5. The Tenant’s rights
- The right to use the shared infrastructure usefully and peacefully;
- Land tax exemption for the land conceded in the Industrial Park;
- Building tax exemption for buildings existing and/or resulting from the investment in the Industrial Park;
- Other tax exemptions, under the law, approved by Local Council Decision (tenants are included herein).
- Exemptions mentioned under items b, c and d are granted as state aid under the law and are limited in amount (all de minimis aid obtained by the investor must not exceed 200,000 € over 3 years).
6. Other provisions
The sub-concession of the land is prohibited.
Park residents must make available to SC SEPSIIPAR SRL all information, data and documents requested by the latter with regard to the performance of the concession agreement and how they fulfil their obligations under the agreement, including those established by the committee and approved by a local council decision.
Residents shall cover all expenses engendered by the execution of the concession and the registration in the real estate registers.
Obtaining all final technical approvals necessary for the set up and operation of the investment are the responsibility of the Tenants and will be obtained at their own expense.
All works regarding the connection to the existing technical and urban utility networks and the obtaining of approvals from their owners are the responsibility of the Tenants. Park residents must maintain, throughout the term of the concession/lease, the destination of the land and investments made according to the concession/lease agreement. Any change in function requires the prior written consent of SEPSIIPAR SRL, in compliance with the law.
Park residents shall use their own funds to carry out land improvement works on undeveloped land.
Facilities herein cannot be cumulated with other investment facilities governed by the decision of the Sfantu Gheorghe Local Council.
