The subject of the contract is the provision of a banking service consisting in granting in 2023 a long-term loan in the amount of PLN 5,786,150.00 (in words: five million seven hundred eighty six thousand one hundred fifty zlotys) to cover the planned deficit of the Dwikozy Commune in 2023 in the amount of PLN 4,476,450.00 (in words: four million four hundred seventy six thousand four hundred fifty zlotys) and repayment of liabilities due to previously incurred loans in the amount of PLN 1,309,700, 00 zlotys (in words: one million three hundred nine thousand seven hundred zlotys). The Ordering Party allows to reduce the amount of the loan granted to not less than PLN 2,000,000.00 (in words: two million). Repayment of principal installments of the loan will be made in 96 monthly installments in the years 2030-2037. The loan in the amount of PLN 5,786,150.00 will be released in tranches by transferring the loan tranches to the bank account of the Dwikozy Commune: 1) by October 15, 2023 – PLN 3,707,345.00; 2) by 15 December 2023 - the amount of PLN 2,078,805.00 (with the possibility of changing the date and amount).

3.1. The subject of the contract is the performance of a banking service consisting in granting in 2023 a long-term loan in the amount of PLN 5,786,150.00 (in words: five million seven hundred eighty six thousand one hundred fifty zlotys) to cover the planned deficit of the Dwikozy Commune in 2023 in the amount of PLN 4,476,450.00 (in words: four million four hundred seventy six thousand four hundred fifty zlotys) and repayment of liabilities due to previously incurred loans in the amount of PLN 1,309. PLN 700.00 (in words: one million three hundred nine thousand seven hundred zlotys). The Ordering Party allows to reduce the amount of the loan granted to not less than PLN 2,000,000.00 (in words: two million).

3.1.1. The loan in the amount of PLN 5,786,150.00 will be released in tranches by transferring the loan tranches to the bank account of the Dwikozy Commune:

1) by 15 October 2023 – PLN 3,707,345.00;

2) by 15 December 2023 - the amount of PLN 2,078,805.00.

Attention:

1. The contracting authority allows for the possibility of granting a loan in 2023:

1) in a different amount, not less than PLN 2,000,000.00 (in words: two million), indicated by the Ordering Party, in the case of smaller credit needs of the Ordering Party, and

2) on another date falling in 2023.

2. In such a case, the Contracting Authority shall submit a written application to the Contractor specifying the date and amount of the tranche 2 weeks before the date of the tranche indicated by the Contracting Authority, and the Contractor shall agree in writing to release the tranche in a given amount or date.

3. If the Ordering Party uses the option to use the loan in the amount lower than PLN 5,786,150.00, it will not incur additional costs (fees, commissions, etc.).

4. If any preparation commission would be paid by the Contracting Authority at the conclusion of the contract (within 10 days of its signing) on the entire amount of PLN 5,786,150.00, in the event of failure to use the full amount of the loan by the end of 2023, the Contractor shall return to the Contracting Authority a part of the commission proportional to the amount of the unused loan by 15 January 2024.

(the issue is regulated in §3 of the Model Agreement, constituting Annex 3 to the SWZ).

3.1.2. Repayment of capital instalments

1. Repayment of principal instalments of the loan will be made in 96 monthly installments in the following years and amounts:

1) in 2030 – 12 installments of PLN 44,000.00 – i.e. PLN 528,000.00;

2) in 2031 – 1 installment – PLN 57,100.00 + 11 installments of PLN 56,900.00 – i.e. PLN 683,000.00;

3) in 2032 – 1 installment – PLN 57,100.00 + 11 installments of PLN 56,900.00 – i.e. PLN 683,000.00;

4) in 2033 – 1 installment – PLN 57,100.00 + 11 installments of PLN 56,900.00 – i.e. PLN 683,000.00;

5) in 2034 – 1 installment – PLN 52,150.00 + 11 installments of PLN 47,000.00 – i.e. PLN 569,150.00;

6) in 2035 – 12 installments of PLN 44,000.00 each – i.e. PLN 528,000.00;

7) in 2036 – 12 installments of PLN 44,000.00 – i.e. PLN 528,000.00;

8) in 2037 - 12 installments of PLN 132,000.00, i.e. PLN 1,584,000.00.

2. All installments payable on the last working day of each month, starting from January 31, 2030.

3. The provisions of the model agreement provide that the amount and date of repayment of the loan / loan installment may, in a particularly justified case, be changed, by way of an annex to the agreement, at the written request of the Borrower submitted with appropriate justification 15 days before the date of payment of the capital installment.

3.1.3. Additional information about the credit service

1. Interest on the credit used shall be accrued on the amount of current debt and shall be repaid by the last business day of each month, beginning at the end of the month of the launch of the first tranche of the credit.

2. If the principal or interest is due on a public holiday or on a Saturday, repayment shall take place on the last business day preceding the planned repayment date.

3. The loan will bear interest at a variable interest rate on an annual basis. The interest rate for the next month will be calculated according to the WIBOR 1M rate from the day preceding the start of each accounting period and the bank's margin.

4. Credit collateral: promissory note in blanco with promissory statement with the treasurer's countersignate.

5. The Contracting Authority reserves the right to repay the loan in full or in part at no additional cost (fees, commissions, etc.). The interest rate will then be counted for the period of actual use of the loan.

6. The Contracting Authority permits the use of interest, fees and commissions for, inter alia, the loan interest rate and the preparation commission (for the provision of credit). A commission for early repayment of the loan is unacceptable.

7. In order to calculate the offer price, for the purpose of selecting the most advantageous offer, the deadlines and amounts indicated in point 7. 3.1.1 and a fixed WIBOR interest rate of 1 M of 6.86%.

8. Loan period: from signing the loan agreement until 31 December 2037

9. Grace period for repayment of principal installments of the loan until 31 December 2029.

10. The credit may not be charged with charges other than those listed in the SWZ.

11. The contracting authority shall not submit a declaration of submission to enforcement pursuant to Civil Procedure Code Art. 777 §1(5).

12. The Ordering Party's accounts with banks are not subject to enforcement attachments.

13. The Ordering Party has no outstanding bank liabilities, no tax liabilities or social security and health insurance liabilities.

14. The Municipality of Dwikozy did not have a programme of reorganisation proceedings within the meaning of the Law of 27 August 2009 on public finances.

15. No debt collection measures initiated at the request of banks were carried out against the Municipality of Dwikozy through a court bailiff.

16. The contracting authority has not granted sureties and guarantees to other entities and does not have signed public-law contracts.

17. Entities related by capital to the Ordering Party: Zakład Gospodarki Komunalnej Sp. z o.o. in Dwikozy, Spółdzielcza 15 – 100% of shares.

3.3. The conditions for the implementation of the credit service are specified in particular in the Model Agreement, constituting Annex 3 to the SWZ.