OPERATING REGULATIONS OF THE SEPSIIPAR INDUSTRIAL PARK
CHAPTER I. Preamble
Art. 1 The SEPSIIPAR Industrial Park in SFÂNTU GHEORGHE is located on an area of 29,73 ha and is situated in the municipality of Sfântu Gheorghe, in the district of Câmpul Frumos. The land is entirely owned by the Municipality of Sfântu Gheorghe. The industrial park’s main objective is to attract investors in oder to develop the economy of the municipality of Sfântu Gheorghe.
Art. 2 The industrial park is managed by SC SEPSIIPAR SRL, a company owned in proportion of 99.8% by the Municipality of Sfântu Gheorghe and in 0,2% by the URBAN LOCATO SRL.
Art. 3 The industrial park manages the properties provided in Annex no. 1 - List of movable and immovable assets, part of the Management Contract no. 52524/2016, concluded between Sepsiipar SRL and the Municipality of Sfântu Gheorghe.
Art. 4 SEPSIIPAR SRL will ensure that mainly the following activity fields are going to be carried out in the park:
Information technology;
Electronics and telecommunications;
Manufacturing of industrial components and subassemblies;
Manufacturing of optical and photographic devices and instruments;
Machinery and equipment, mechanical construction and subassemblies;
Wood processing;
Light industry;
Transport, storing and logistics services;
Services related to production activities;
Other services specific to industrial parks;
Specialized design.
Environmental technologies
Activities will be carried out in compliance with all obligations regarding technical conditions provided by the environmental protection regulations in force.
CHAPTER II. Land on lease in the Sepsiipar industrial park
Art. 5 The land in the park can be:
leased for a period of 49 years
leased for a period of 49 years, with the possibility to purchase after a minimum of 5 years, after fulfillment of investments in proportion of 100%.
Purchased upon initial relocation in the Park.
Purchased after signing the concession agreement and obtaining the authorization of construction, without the investment being finalized.
Art. 6 (1) In the case of purchasing the land foreseen in Art. 5. let. b), c) and d) the minimum sale price is established after expressing the intention to purchase, through an evaluation report issued by an ANEVAR authorized expert.
(2) In the situation provided by Art. 5. let. b), the value of the land is established without including any possible investments made by the concessionaire after signing the Concession agreement.
(3) In the situation provided by art. 5. let. c), if the investor does not finalize the intended investment within 3 years from the date of purchase, the Municipality of Sfântu Gheorghe has the right to repurchase the land at the same price conditions as in the initial sale transaction.
The price is calculated in EUR/RON at the BNR exchange rate on the date of repurchase. Subsequently to the repurchase, the investor may conclude a concession agreement for a period of 49 years, at the price of 1,5 Euro/sqm/year + VAT, provided that the lease tax is paid retroactive starting from the date of te investor’s initial relocation in the industrial park.
(4) In the situation provided by art. 5. let. d) the ownership right over the land shall be transferred on the date of signing the sales agreement and full payment of the price, provided that a bank guarantee is presented in the amount of 5% of the land value.
(5) The guarantee established according to par.(4) shall be released on the date of final acceptance of the investment works.
(6) Failure to comply with the obligation to carry out the investment shall result the loss of the bank guarantee and shall give the Municipality of Sfântu Gheorghe the right to exercise the right of repurchase provided for in par.(3).
Art. 7 The Land may be leased for a period of 49 years, based on a public tender, under the terms of this regulation and the concession regulations of the Industrial Park. The amount paid by investors for the concession is composed by the concession fee. Separately, for management services, the industrial park charges management fees.
The starting price of tender for lease/concession is 1,5 €/m²/year plus VAT. The concession fee is increased by 50% if, at the end of the first year of contract, the resident has not presented the park administrator with the building permit issued for the investment. The concession fee is increased by another 50% if, by the end of the second year of contract, the final acceptance of the investment has not been issued. In well-justified cases, the AGM of SEPSIIPAR SRL may grant exemptions from these provisions.
Art. 8 After receiving the proposed investments, the winner of the tender may benefit from certain reductions in the lease (concession) price based on a score obtained upon the type of activity that will be carried out in the park, the number of jobs created therein, the value of the investment made and the average salary of the employees in the park, as follows:
a score between 0-10 points: no reduction
a score between 11-25 points: 10% reduction
a score between 26-40 points: 20% reduction
a score between 41-60 points: 30% reduction
a score over 60 points: 50% reduction
Art. 9 The score is obtained as follows:
Investment value |
250.000 – 400.000 € |
400.001 – 1.000.000 € |
1.000.001 – 5.000.000 € |
Exceeding 5.000.000 € |
|
0 points |
5 points |
10 points |
20 points |
No. of jobs created |
Oct.20 |
21-50 |
51-100 |
Over 100 |
|
5 points |
10 points |
20 points |
30 points |
Activity profile |
Research, development, high tech |
Industry and Construction |
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 established as the total gross salary of employees within the industrial park over a calendar year, divided by 12. The comparison is made to the national average salary for that calendar year.
Investors who establish their registered office in the park will benefit from an additional 10% reduction from the concession price for the land, obtained after applying the reductions granted upon the achieved scores.
Art. 10 The management fee is differentiated as follows:
a) 0.2 € /m²/year + VAT, for the duration of the lease (concession)
b) 0.5 € /m²/year + VAT, in the case of purchased lands
The payment method will be determined in the management contract.
Art. 11 Services provided under the management fee:
a) reception, info-point;
b) including the lessees in the park's promotion and PR program;
c) consultancy and information for business development;
d) facilitating the relationship with the university centers in Sfântu Gheorghe and Brașov;
e) maintenance, repairs of roads, common green areas and public space cleaning;
f) public lighting of the area, such as access roads and pedestrian walkways;
g) security and protection of common areas and the perimeter of the park;
h) rapid intervention at utility installations located outside the lessee's perimeter;
i) rainwater and wastewater drainage, maintenance and operation of the water treatment plant;
j) the right to use conference rooms with their associated equipment - computer, audio - video system, sound system, video projection;
k) online newsletter regarding the main decisions concerning the activities carried out within the area of the industrial park adopted by the competent authorities and bodies in the field;
l) other similar services.
Art. 12 Investors may choose to lease an office space in the administrative building. The maximum duration of a lease period is 5 years, without exceeding the duration of the concession agreement concluded for the investment.
Offices can be rented in the administrative building to establish the headquarters/workplace for economic agents who do not wish to invest in the industrial park. The lease period will be of 5 (five) years, with the possibility of extension and renegotiation of the price, if there are no rental intentions from other companies investing in the industrial park.
Vacant spaces will be permanently published on the website of the Municipality of Sfântu Gheorghe and on the website of the industrial park. Spaces are leased based on an open tender in compliance with the terms of this regulation, the starting price of the auction for the monthly rent starting from 3 €/m²/month, plus VAT. The terms of lease and use of common spaces will be governed by the lease agreements. The costs of utilities related to the office spaces on lease (including common areas) will be calculated on a flat-rate basis.
Art. 13 The right of use of the properties mentioned in art. 3 may be granted to tenants upon lease agreement, for a maximum duration of 5 years. In this case, the starting price of the tender for rent shall be of 3 EUR/sqm/month, plus VAT. For the land related to these properties, the starting price will be of 1.5 EUR/sqm/year, plus VAT.
Taking into account that the industrial premises can be sectioned, it is possible to rent it to more than one tenant, depending on the available spaces.
Art. 14 .Abrogated
Art. 15 . Abrogated
CHAPTER III. Acces in the industrial park
Art. 16 Each investment proposal will be analyzed and approved by a simple majority of votes by a commission consisting of 5 members, of which 2 from the Local Council, the Park Manager, the representative of the Covasna Chamber of Commerce and Industry and the Mayor of the Municipality of Sfântu Gheorghe (or his delegate).
Art. 17 The commission will establish, together with the investor, the latter's obligations regarding the investment and related obligations (deadlines). The obligations mainly refer to the number of jobs to be created and maintained, the salary level, the activity profile, the investment value. The investor who does not comply with the obligations undertaken shall pay retroactively the difference of the lease fee, based on the actual situation.
Art. 18 The commission will submit a proposal to the investor regarding the exact location of the lot proposed for such investment. The tender for the land part in question will start after the commission has received the investor's written agreement.
Art. 19 Concessioning and using the lots/land parts is also possible to real estate developers, in which case the Industrial Park's agreement on the activities performed by the user/tenant and any related obligations will be required. Real estate developers will not be able to benefit discounts on the concession price.
Art. 20 . Tenders will be organized at the initiative of the administrator of SEPSIIPAR SRL under the conditions foreseen in the management contract no. 52.524/2017 concluded with the Municipality of Sfântu Gheorghe.
Art. 21 . Qualifying requirements
Concession applications may be submitted by investors, legal persons and authorised natural persons, established under the legislation in force. They will make a written statement / affidavit demonstrating that none of the following circumstances apply:
a) bankruptcy;
b) their businesses are supervised and managed by the court;
c) have suspended their business activity or are in any other situation similar to those described above, in accordance with the legal procedures in their country of origin;
d) they are about to become the object of bankruptcy proceedings, judicial liquidation, to be managed by the court, or enter financial arrangements with creditors in accordance with the legal procedures of their country of origin;
e) have been convicted by final ruling for an offense regarding their professional conduct.
Art. 22 Minimum eligibility requirement:
a) The investor must be a registered commercial company;
b) The investor may also be a company in the process of being established, in the case of renting office space;
c) The investor intends to carry out in the Industrial Park only activities endorsed by SEPSIIPAR SRL;
d) The investor must submit all documents required under art. 23 and art. 24;
Art. 23 Information/documents to be provided by investors when submitting a Letter of Intent:
a) Letter of Intent indicating: the activities to be carried out on the land that will be the subject of the concession agreement, the minimum amount of investment to which the investor commits and the minimum number of jobs he intends to create;
b) Affidavit/written statement made to the best of their knowledge hat none of the circumstances mentioned under"qualifying requirements"apply and that they are free of debts towards the state or local budget, that they do not have a criminal or tax record, and that they have necessary funds to carry out the investment;
c) Company`s organization 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 (excerpt from online information published by the National Trade Register Office)
f) Business Plan showing the viability of the business to be carried out in the park;
g) A statement regarding the de minimis aid received in that fiscal year and other de minimis aid received in the last two fiscal years
Art. 24 Information/documents to be provided by investors when submitting the Tender Participation Documentation:
a) Certificate of Good Standing issued by the Trade Register Office;
b) Tax certificate proving payment of all obligations to the state budget, the national social insurance budget, the unemployment insurance budget, the Unique National Fund of Health Insurances and other budgets;
c) Tax certificate proving payment of all obligations to the local budget;
d) Tax clearance certificate;
e) Power of attorney authorizing the signing of all documentation on behalf of the investor, if the person is not the Company’s Administrator.
Art. 25 Minimum obligations of each Resident:
a) guarding their own investment;
b) connecting only to utilities within the industrial park, with the exception of renewable energy sources, which are part of the investment made in the industrial park.
c) accepting the conditions imposed by the Fire safety regulations of the industrial park
Art. 26 Rights of the residents
a) the right to use the shared infrastructure, in useful and undisturbed conditions;
b) the right to use the properties referred to in art. 1, that form the subject of the management services agreement, in useful conditions and free from any factual or legal disturbance;
c) the right to use the exclusive infrastructure related to the properties referred to in art. 13 which form the subject of the management services agreement, under useful conditions and free from any factual or legal disturbance;
d) exercise the right of pre-emption in case of selling the property referred to in art. 13 and the related land used by the resident under a lease agreement.
e) land tax exemption for the land leased in the industrial park;
f) building tax exemption for buildings existing and/or resulting from the investment in the industrial park;
g) other exemptions under the law, approved by the Decision of Local Council (tenants are included herein)
The exemptions mentioned under points e), f) and g) are granted as state aid promoted under the law and are subject to conditions regarding their amount, in the sense that the total value of the de minimis aid obtained by the investor must not exceed the amount of 300.000 EUR within 3 years.
CHAPTER IV. Other provisions
Art. 27 Sublease of the land is prohibited.
Art. 28 The park residents are obliged to make available to SC SEPSIIPAR SRL all the information, data and documents requested by the latter in relation to the performane of the concession agreement and the manner in which they comply with the obligations under the agreement, including those established by the commission and approved by the decision of the local council.
Art. 29 Residents shall cover all expenses incured to execute a concession and the registration in public records. Obtaining all final technical approvals necessary for the implementation and operation of the investment are the responsibility of the Park’s Residents and shall be obtained exclusively at their expense. All works regarding the connection to the existing technical urbanistic networks and obtaining approvals from their owners are the responsibility of the Residents.
Art. 30. Park residents shall maintain, during the concession/lease, the destination of the land and investments made according to the provisions of the concession/lease agreement. Any change in function requires the prior written consent of SEPSIIPAR SRL, and compliance with legal provisions.
Art. 31. Park residents shall use their own funds to perform development works for undeveloped land.
Art. 32 Abrogated.
Art. 33 Upon these Operating Regulations, SEPSIIPAR SRL, as the manager of the Park, has the right to modify and update its internal regulations. Changes may be adopted by the decision of the General Assembly of Shareholders, in compliance with the applicable legal provisions and the company's articles of association.
