CALL FOR TENDER. Behalf of the Belváros-Lipótváros Budapest Főváros V. kerület Selfgovernment

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1 CALL FOR TENDER on the sale of the proprietary right owned by the Self-government named Belváros-Lipótváros Budapest Főváros V. kerület Önkormányzat in the real estate at Budapest District V. (the plot number of the estate: ) 1. The announcer: The announcer is the Belváros-Lipótváros Budapest Főváros V. kerület Self-government (1051 Budapest, Erzsébet tér 4.). The tender is called according to the Decision No. 354/2009. (VI.25.) B.-L.Ö. h. of the Belváros-Lipótváros Budapest Főváros V. kerület Self-government with the consideration of the Decision No. 20/2009. (VI.02.) B.-L.Ö. h. of the announcer on some rules of the disposition with the property owned by the selfgovernment. Behalf of the Belváros-Lipótváros Budapest Főváros V. kerület Selfgovernment the tender is managed by Dr. Sándor Law Office (1113 Budapest, Bartók Béla út 60. I./4., Phone.: (06-1) The purpose and the nature of the tender: 2.1. The purpose of the tender is the sale of the proprietary right owned by the Selfgovernment named Belváros-Lipótváros Budapest Főváros V. kerület Önkormányzat in the real estate at Budapest District V. (the plot number of the estate: ) 2.2. The nature of the tender is open, international and consists of several phases Any national and international natural person and legal entity, as well as economic and business organisation without legal entity is entitled to participate in the tender, including the event when the entities meeting the requirements of the tenderer establish a consortium to provide a joint tender The language of the tender is Hungarian. 3. The basic information of the estate being the subject of the tender: 3.1. The address of the estate: Budapest, 5 th district, Bástya street Plot number: Description of the real estate: house, court 1

2 3.4. Area of the real estate: 1728 m 2 Further information can be found in Chapter III. of the Information for Investors. 4. The process of the tender: 4.1. The tenderer shall provide his complete bid with the content and attachments determined by the Information for the Investors during the first phase. The evaluation of the financial and economic competence is going to be completed during the first phase. The tenderer shall prove the availability of the sum of the bid at the submission of the tender by payment guarantee. The unconditional bank guarantee, the unconditional credit promissory issued by a bank, as well as the certificate of deposit issued by a bank are accepted by the announcer. The detailed conditions of the payment guarantee can be found in Chapter IV. of the Information for Investors The tenderers provided their bids meeting the requirements of the Information for the Investors completely are entitled to participate in the second or eventually the further phases of the procedure. The tenderers participating in the second or eventually the further phases of the procedure can modify their bids according to the point V.4. of the Information for the Investors. The evaluation of the tenders is going to be completed in the second or further phase of the procedure according to the point V.2. of the Information for the Investors The winner shall pay the purchase price in Hungarian forint (HUF) according to the agreement to be made with the announcer. 5. The security of the tender: 5.1. The announcer requires a security in worth of 150,000,000 HUF, in words: one hundred and fifty million HUF for the participation The tenderer shall transfer the security to the announcer to the bank account of Belváros-Lipótváros Budapest Főváros V. kerület Önkormányzat OTP Bank Rt. Budapesti Önkormányzati Fiók with the remark of Bástya utca or provide the original copy of the bank guarantee for the binding period of the tender until the deadline of the tender. The bank certificate on the transfer or the declaration of the bank guarantee shall be attached to the tender. 2

3 5.3. The security of the winner is going to be taken into the purchase price and shall be the deposit according to the purchase agreement of the estate to be made The security shall be returned to the tenderer within 15 working days after the withdrawal of the call for tender or the declaration of the failure of the procedure by the announcer. In case of a successful tender the security of the other tenderers shall be returned within 15 working days after the evaluation of the tenders. The announcer returns the security if the period of evaluation is extended and that s why the binding period of the tender shall be extended as well, but the tenderer declares within 7 calendar days after the reception of the notice on the extension of the deadline that he does not want to extent the binding period of his tender The announcer shall not charge the security and does not pay interest, except if he failed to return the security within the determined 15 working days If the tenderer withdraws his bid during the binding period of the tender or the agreement failed to be made for fault of the winner or for any reason from his party the security shall not be returned. 6. The place, the way, the time and the price of the purchase of the Information for the Investors: 6.1. The tender will be announced from 09 th July 2009 till 15 th July The Information for the Investors can be purchased for 500,000 HUF + VAT at Dr. Sándor Law Office (1113 Budapest, Bartók Béla út 60. I/4.) from 16 th July to 22 th July from 10 a.m. to 2 p.m. on working days. The payment can be made in cash or transferred to the bank account managed by OTP Bank Rt. of Dr. Sándor Law Office with the remark of Bástya utca The purchase price of the Information for the Investors shall not be refunded with the exception of point and the tenderer shall not have any claim against the announcer or the manager of the tender The tenderer who purchased the Information for the Investors is entitled to participate in the tender exclusively. The purchased Information for the Investors shall not be transferred to third party. The certificate of the purchase of the Information for the Investors or its official copy shall be attached to the tender. 3

4 6.4. Any authorised party shall prove his authorisation and its extent by an authentic act or a decisive private agreement The Information for the Investors is going to be provided to the interested party after the signature of the privacy agreement. 7. The announcer keeps the right to modify the conditions determined by this Information for the Investors or the call for tenders once during the tender. 8. The announcer keeps the right to require further security than determined by this Information for the Investors or the call for tenders during the tender. 9. The place, the way and the date of the submittal of the tenders: 9.1. The tenders shall be submitted in three copies (one original and two copies) in Hungarian language, in a closed envelope without any company logo or name with the remark of Bástya utca personally or by representative until to the deadline of the submittal to the Dr. Sándor Law Office (1113 Budapest, Bartók Béla út 60. I/4.). The tenderer shall the mark the original copy with the remark of Original. If there is any difference between the tender copies, the original shall be determining. The cover pages of the copies shall have the following remark: "It is equal to the original completely." If the tenderer fails to mark the original copy, the determining copy is going to be chosen by the announcer. The tender can be submitted in foreign language as well, but the official Hungarian translation shall be attached to each copy The deadline of the submittal of the tenders is 11:00, 12 th August The tenderer is entitled to modify or withdraw his bid until the deadline of the submittal. The submitted bids shall not be modified after the deadline of the submittal with the exception of the modification during the second phase determined in the point One tenderer can submit one bid or participate in one tender either alone or as the member of a consortium. 10. The opening of the tenders: The tenders are going to be open in the official premise of the Dr. Sándor Law Office (1113 Budapest, Bartók Béla út 60. I/4.) at 11:00, 12 th August

5 The tenderer or his representative being authorised in writing in entitled to participate at the opening of the tenders The evaluation of the tenders shall be completed within 30 calendar days after the deadline of the submittal, which period can be extended once per each phase with maximum 30 calendar days by the announcer when the binding period of the tenders shall be extended accordingly as well. 11. The estimation and the evaluation of the tenders: The submitted and valid tenders shall be evaluated by the Committee of Owners and Purchase according to the Decision of the Board of Deputies No. 354/2009. (VI.25.) B-L.Ö.h The right of evaluation is kept by the Board of Deputies on the basis of the proposal of the Committee of Evaluation according to the Decision No. 354/2009. (VI.25.) B-L.Ö.h. 12. Announcement of results: The result of the procedure shall be announced after the evaluation of the tenders within 45 calendar days after the opening of the tenders by the announcer. All tenderers shall be informed on the decision in writing within 5 calendar days after the announcement. The place of the announcement is Dr. Sándor Law Office (1113 Budapest, Bartók Béla út 60. I/4.). 13. The process is supposed to be failed if no tender was submitted, all submitted tenders were invalid, the announcer declared it failed. 14. A tender is supposed to be invalid if it does not meet the requirements determined in the call for tenders, the regulations or the Information for Investors, it was submitted after the deadline determined in the call for tenders or after the extended deadline, the tenderer failed to provide the security or it does not meet the requirements, 5

6 14.4. the tender was not duly signed by the tenderer, the tender was submitted by a tenderer being not entitled to participate in the tender, the offered price is not determined clearly or connected to other bid. 15. Miscellaneous: The binding period of the tenders shall be 90 calendar days after the deadline of the submittal The announcer shall make the agreement with the winner within 30 calendar days of the reception of the related notice. Beside of the purchase price 2 % plus VAT, that is Two percentage + VAT management fee shall be paid to the manager of the tender on the basis of the invoice by the winner The condition of the validity of the purchase agreement made with the winner is the reception of the rejection of the right of pre-emption of the Self-government of Budapest, as well as the consent of the Authority of the Protection of Cultural Heritage according to the LXIV law of by the announcer The announcer keeps the right to declare the tender failed even if in case of valid tenders and not to make agreement with any of the tenderers make agreement with the next tenderer in case of the retraction of the winner, ask for further information from the tenderer in technical and formal questions not affecting the principle of the tender in writing declaring that the written answers of the related tenderer shall not result the modification of the conditions determined in the bid that could result the change of the order of the tenders during the evaluation, withdraw the call for tender before the deadline of the submittal with an announcement published in the same media as the call for tenders published before the deadline of submittal. In this case the purchase price of the Information for the Investors shall be returned within 10 working days after the announcement of the withdrawal if the Information for the Investors is returned. 6

7 15.5 The announcer takes the parent company, the affiliate, the company with joint control and the associated company for associated company according to the law C. of on the accounting. 16. Further information: For further information on the procedure please contact Dr. Sándor Law Office between 9-16 o clock on working days. The estate can be visited in a pre-negotiated time. Telephone: (06-1) , Fax: (06-1) zsolt.sandor@sandorlegal.hu 7