city of windhoek · must be delivered unopened and deposited in the tender box, at rev michael...

Tenderers should note: Initial each page in right hand corner with a black pen plus two witnesses

TO ENHANCE THE QUALITY OF LIFE OF ALL OUR PEOPLE

Tel.: 09264-61-290 2547 Fax: 09264-61-290 2331

TENDER INVITATION: BUSINESS, RESTRICTED BUSINESS AND INDUSTRIAL LAND

Sale of industrial, restricted business, business, and office zoned Properties in Khomasdal, Katutura, Kleine

Kuppe, Klein Windhoek and Windhoek

(ONLY OFFERS FROM TENDERERS FOR SHOPS, BUSINESS BUILDINGS AND INDUSTRIAL

BUILDINGS WILL BE CONSIDERED. FURTHERMORE NOTE THAT NO SUBSEQUENT

REZONING APPLICATION FOR THESE PROPERTIES, WOULD BE CONSIDERED)

Tender PLA 01/2014

Closing Date and Time: Friday, 29 August 2014, 11:00

PARTICULARS OF TENDERER

Name of Tenderer : ---------------------------------------------

Postal Address: ------------------------------------------------

Telephone No. : ------------------------------------------------

Fax No. : ------------------------------------------------

Contact Person: ------------------------------------------------

VAT Registration No: -------------------------------------------

Are there any covering letters inclusive? "Yes" or "No":____________

Instruction to the Tenderer

Two tender proposals, the original document and one copy thereof, submitted together in one sealed

envelope, marked, “PROPERTIES – TENDER: PLA 01/2014 (COMMERCIAL PROPERTIES)”

must be delivered unopened and deposited in the Tender Box, at Rev Michael Scott Street at the Erf Sales

and Enquiries, Windhoek not later than the closing time. The name and the full address of the tenderer

should appear on the outside of the envelope. Tenders will be opened and read out to the public at the

Customers Care Centre as from 11:00 on the closing date of Friday, 29 August 2014.


To enhance the quality of life of all our people

STRATEGIC EXECUTIVE: URBAN PLANNING AND PROPERTY MANAGEMENT

Tel.: 09264-61-290 2482 Fax: 09264-61-290 2060

SECTION A: TENDER FOR UNIMPROVED PROPERTIES

A. 1. TENDER INVITATION

The City of Windhoek hereby advertises the sale of 94 unimproved, industrial, restricted business, business

and office zoned Erven in Khomasdal, Katutura, Kleine Kuppe, Klein Windhoek and Windhoek. The erf

sizes ranges between 302m² and 10,301m² in extent, and the upset prices between N$226,500.00 and

N$6,180,600.00.

TENDER No.: PLA 01/2014

TITLE:

"PROPERTIES – TENDER: PLA 01/2014 (COMMERCIAL

PROPERTIES)”: Tenders are hereby invited for the sale of 94

industrial, restricted business, business and office zoned unimproved

properties situated in Khomasdal, Katutura, Kleine Kuppe, Klein

Windhoek and Windhoek.

CLOSING DATE AND

TIME:

Two Tenders, one original and one copy thereof in sealed envelopes

marked "PROPERTIES – TENDER: PLA 01/2014

(COMMERCIAL PROPERTIES)” must be addressed and delivered,

as set out hereunder, not later than 11:00 on FRIDAY, 29 AUGUST

2014. No tenders will be considered if such tender had not been

delivered - or had not been deposited in the TENDER BOX at

Customer Care Centre - by that time and date.

TRAINING SESSION:

A Training Session would be held on 20 AUGUST 2014 at 09h00 in the

Council’s Chambers to advise prospective tenderers on the requirements

of the completion of the Tender Document.

TENDER DOCUMENTS:

Tender documents (Tender Conditions and Draft Deed of Sale) would be

available as from WEDNESDAY, 06 AUGUST 2014. Prospective

tenderers can access the City’s website at (www.windhoekcc.org.na).

NB The tender documentation on website to be treated for viewing

only. Only those obtainable at Customer Care Centre would be

used for tendering purposes.

LEVY (non-refundable): Non-refundable fee of N$500.00 (V.A.T. inclusive)

ENQUIRIES

TECHNICAL:

Mr. Kenneth Uirab or Mrs. Alida Rupping or Mr E. Shapopi

Tel: +264 - (0)61 – 290 2547 or 290 2068 or 290 3354

Fax: 290 2111 E-mail: [email protected];

[email protected] or [email protected]

ENQUIRIES

PROCUREMENT:

Ms. Cloete and Ms R Gaeses

Tel: +264 - (0)61 – 2902358/2902608 and Fax: 290 2060

E-mail: [email protected], [email protected],

DELIVERY ADDRESS:

Property Management – P O Box 59, Windhoek Customer Care Centre

or MARKED TENDER BOX at CUSTOMER CARE CENTRE, City

of Windhoek - Reverend Michael Scott Street, Windhoek

Mr E. S Shipiki,

Manager: Property Management

Strategic Executive: Urban Planning and Property Management

Notice No. 83/2014

http://www.windhoekcc.org.na/

mailto:[email protected]





SECTION A

CITY OF WINDHOEK

FORM OF TENDER

TENDER FOR THE SALE OF UNIMPROVED AND VACANT PROPERTIES IN KHOMASDAL,

KATUTURA, KLEINE KUPPE, KLEIN WINDHOEK AND WINDHOEK

A2 TENDER CONDITIONS

A2.1 These conditions of tender are issued by the Strategic Executive: Urban Planning and Property

Management (Manager: Property Management) of the City of Windhoek in terms of Section 63(2)

of the Local Authorities Act 1992 (Act No. 23 of 1992).

A3 TENDER DOCUMENTS

A3.1 One set of original documents consisting of a number of volumes stated in A14 herein, shall be

made available against a non-refundable levy as stated in A1 above and further subject to tender

procedures of section 63(2) the Local Authorities Act 23 of 1992, but the tenderer must submit Two

tender proposals, the original document and one copy thereof on or before the date of closure.

Tenderers who bought the Tender PLA 01/2013 document will not be required to pay again for the

purchase of the Tender document, which would be confirmed through the list compiled from the

previous tenders submitted for verification purposes.

A3.2 It is the tenderer’s responsibility to check completeness of different Parts of the tender, preferences

to be claimed and documents attached including number of pages, tender drawings etc. Prospective

tenderers are free to visit the Property Staff at the Customer Care Centre, Rev. Michael Scott

Street, Windhoek for assistance and guidance before completion of the documents. A list of

tenderers making enquiries will be kept for future reference.

A3.3 It is the tenderer’s responsibility to obtain verification as a first time buyer from the Council as per

clause A5.5.

A4 COST OF TENDERING

A4.1 The cost of tendering, submission of Diagrams and Plans and other documentation required or

appointment of contractors or consultants by a tenderer to prepare tender documents or drawings is

the tenderer’s responsibility and must be done at its own cost and will not be refunded by City of

Windhoek.

A5 LODGING AND OPENING OF TENDERS

A5.1 The completed Two tender proposals, the original document and one copy thereof, Documents and

Annexures, duly completed, initialled on each page and signed, must be parcelled together and sealed

and endorsed on the outside with the name, number and due date of the Tender together with the name

and address of the Tenderer.

A5.2 Tenders not initialled, signed or completed in all respects shall be disqualified 1 as well as those

tenders which were incorrectly completed or which did not have the required supporting documents

required. Tenderers should note and peruse the footnotes given as guidelines.

A5.3 Telegraphic, e-mailed and facsimile tenders are not acceptable and will be disqualified.

A5.4 Tenderers tendering for more than one property may indicate all the properties on one tender at the

indicated spaces, and proper completion of the clearly indicated alternatives also at the same time by

adhering to the qualifications in terms of Section B: Part 3 paragraph 3 and submitting sufficient

1 Note all clauses and footnotes that indicate when a tenderer might be disqualified.


Financial Undertakings to purchase all the properties tendered for. It should be noted that if

alternatives are not properly indicated, the tender will be evaluated as if the tender is for more than

one property which have to meet all financial requirements.

A5.5 Tenderers tendering and wishing to make use of the Council’s instalment method of payment or to

reserve the tender allocation pending the provision of a bank guarantee, will only be able to do so if

the prospective tenderer obtains prior to the closing date a certificate from the Property Management

Division, Customer Care Centre indicating and verifying the tenderer to be an approved “first time”

purchaser, who has no existing contractual relationship with the Council having an existing erf or

housing loan

A6 EVALUATION

A6.1 The tenders received will be evaluated according to a points system.

A6.2 The points system for this tender is set out in Section B: Part 4 to the Conditions of Tender.

A6.3 The tenderers will be evaluated in respect of its credit rating within the Council; and previous

default and breaches of Contract which occurred. If the tenderer is submitted by a legal entity, the

credit rating will also take into consideration the personal credit rating of its director/s, member/s,

trustee/s or representing the legal entity. The same will apply vice versa for natural persons

tendering who had been serving as director/s, member/s, trustee/s for defaulting legal entities.

A6.4 The tenderer must not have defaulted in respect of any tender or development condition in respect of a

previous sales or tender or auction conditions in respect of a property directly acquired from the

Council.

A6.5 Preference will be given to first entrants into the market and registered SME’s.

A6.6 Council retains the right to allocate only one property per tenderer received and for this purpose may

take cognisance of properties already owned or registered in the name of the tenderer or its director/s,

member/s, trustee/s.

A7 COMPLIANCE AND ALTERNATIVES

A7.1 Tenders submitted must comply strictly with the requirements of these documents.

A7.2 Alternative offers may be submitted, but must be indicated clearly as alternatives and such tenders

must be clear and only in accordance with the tender requirements. If the intention of the tenderer

is not clearly defined, the tender may be disqualified.2

A8 VALIDITY AND ACCEPTANCE

A8.1 Tenders shall remain valid for acceptance after date of closing of tender for a period of NINETY

(90) days.

A8.2 The acceptance of any tender, if such acceptance is conditional upon proposed variations or counter

proposals, shall not be construed to constitute a counter offer by the City of Windhoek.

A8.3 The City of Windhoek does not bind itself to accept the highest or lowest or any other tender.

A8.4 The purchase considerations tendered for the Erven and development investments as stated in Section

B, Part 2 shall be binding. [Tenderers should note that the City of Windhoek fixed the upset prices for

the above-mentioned Erven and lower purchase considerations tendered would not be considered. The

said upset prices are reflected in Section B, Part 2, *Table A.]

A9 CONFIDENTIALITY & COPYRIGHT

A9.1 Tender documents issued by or on behalf of the City of Windhoek shall remain within the copyright

of the City of Windhoek.

A9.2 Tenderers shall treat all aspects pertaining to this tender as confidential and shall not disclose details

to third parties except for bona fide tendering purposes.

2 Disqualified if tender’s intention on the properties tendered for are unclear.


A10 DEFAULTS

A10.1 A tenderer withdrawing his/her/its tender within the period of validity after date of closing of tender

or failing to enter into a contract when called upon shall pay to the City of Windhoek default

damages stated in the Section B: Part 3 and the Deed of Sale attached to the Conditions of Tender.

A10.2 Default Damages shall be an amount to which the City of Windhoek is entitled without proof of

losses or damages incurred.

A10.3 The City of Windhoek reserves its rights to take legal steps against a defaulting tenderer in addition

to A10.1 above.

A10.4 The tenderers will be evaluated in respect of its credit rating within the Council; and previous

default and breaches of Contract that occurred.

A10.5 The tenderer must not have defaulted in respect of any tender or development condition in respect of a

previous sales or tender or auction conditions in respect of a property directly acquired from the

Council.

A11 PREFERENCES

A11.1 Preferential allocation of tenders earmarked for first entrants and registered SME’s shall be

considered by the City of Windhoek.

A11.2 Copies of the said Evaluation Preferences and Point System in terms of Council Resolution

317/10/2002 are set out in Section B, Part 4 and to be completed by Tenderer in Section B, Part 1.

A11.3 The onus is on tenderers to submit as part of this tender a claim for preferences in terms of the said

Section B, Part 1 including copies of relevant documentary proof suitably certified and satisfactory

to the City of Windhoek. Should documentary and supporting documents not be attached in support

of a preference, no such preference shall be considered.

A11.4 The City of Windhoek reserves the right to reject or adjust tenders containing claims for preferences

which are deemed incomplete or unsatisfactory or if the tenderer failed to submit proof of

preferences claimed.

A11.5 The City reserves the right to reject a tender received, if a default as set out in A10 has previously

occurred.

A12 ADDITIONAL CONDITIONS OF TENDER

Depending on the interest and outcome of tenders submitted and numbers received, the City reserves

the right to allocate only one erf per tenderer and to tenderers that are registered SME’s and first

entrants into the commercial market. If additional conditions of tender are applicable, these are set

out in the Section B, Part 3 and the draft Deed of Sale attached to the Conditions of Tender.

A13 ENQUIRIES

A13.1 All enquiries in connection with this tender shall be directed in writing (fax or e-mail acceptable)

to the contact person(s) as advertised in Part A.1 with a cut-off date of seven calendar days before

date of closing of tender.

A13.2 Replies to enquiries will be issued to all tenderers in the form of addenda to be initialed and

submitted by tenderers as part of the tender.

A13.3 Any verbal information given or perceived to have been given shall not be binding on the City of

Windhoek.

A14 Format of Tender

Kindly ensure that each page of the document and Annexures accompanying the two Tender

Forms are initialled by all parties and documents fully signed by the tenderer and two

witnesses. The Tender Form consists of different Parts, Being the Section A and Section B (Parts 1

to 5) and Section C Annexure “A”. Kindly ensure that all supporting documents or certificates have


been attached.

A14.1 Section A: Advertisements and Tender Form (all pages to be initialled)

A14.2 Section B: Tender and Tender Conditions (all pages to be initialled)

A14.2.1 Part 1

Information of Tenderer: To be completed by Tenderer and submission of Proof by

Tenderer to be evaluated for price preferential treatment as set out in Section B,

paragraph 3 in Part 1 in line with Points System in Section B, Part 4.

A14.2.2 Part 2

Tender Form:

A14.2.2.1 Unimproved Properties offered and to be tendered for by Tenderer: Table A To be

completed by Tenderers clearly showing if tender is in the alternative or that the tenderer

tenders for more than one property.3

A14.2.2.2 Payment Methods: To be completed by Tenderer/s and verification certificates (where

applicable must be obtained from Council prior to closing date of tender4

A14.2.2.3 Sound Financial Capacity/Administration: Tenderer/s must submit information5

A14.2.2.4 Development Costs: To be completed by Tenderer/s6

A14.2.2.5 Development Period: To be completed by Tenderer/s7

A14.2.3 Part 3

Tender Conditions and Tender Undertaking

Must be initialled and Signed by Tenderer and two witnesses8

A14.2.4 Part 4 (all pages to be initialled)

Evaluation Criteria; Points and Preferences

A14.2.5 Section C: Annexure “A” (all pages to be initialled)

Draft Deed of Sale (all pages to be initialled)

3 If intention is not clear, the tenderer may be disqualified 4 If intention is not clear, the tenderer may be disqualified 5 If intention is not clear, the tenderer may be disqualified 6 If intention is not clear, the tenderer may be disqualified 7 If intention is not clear, the tenderer may be disqualified 8 If intention is not clear, the tenderer may be disqualified

SECTION B

PART 1

1. PARTICULARS OF TENDERER

Name of tenderer : __________________________________________________

(Full names of the person/s, firm or company tendering and who would eventually sign the Deed of Sale

must be inserted here.)

Name of Person/Company in whose name Property is to be Transferred

-----------------------------------------------------------------------------------------------------------9

Postal Address: ____________________________________________________

(Postal addresses of the firm and company tendering must be inserted here if applicable or alternatively

the postal and residential addresses of the person/s tendering.)

Physical Residential or Business Address: ____________________________________

Telephone No.: _______________________ Fax ______________________________

Mobile No. _____________________ E-mail _________________________________

Contact Person: ________________________________________________________

VAT Registration No: ___________________________________________________

Business Registration Number with the City of Windhoek:-----------------------------10-

Are there any covering letters/attachments inclusive? "Yes" or "No":_____________

All tendering companies or legal entities are compelled to provide certificates of good standing in terms of the Social Security Commission Act. [Master copies of such certificates are not acceptable.], which are valid during the period of tendering. All first time purchasers must obtain verification of being an approved first time purchaser from the Council’s Property Management Division at Customer Care Centre, Rev Michael Scott Street and submit and attach certificate to tender document

The spouse of tenderers Married in Community of Property, tendering for the purchase of the

Property, must complete the following for purposes of section 7(1) of the Married Persons Equality

Act 1 of 1996:

I ...............................................................................................................................................................

(Full names and surname) ID No ............................................................... married to the Tenderer in

community of Property or which marriage is governed under the Recognition of Certain Marriages Act 18 of

1991, for the purposes of section 7(1)(a), (b), (c), (g) and (h) and 7(2) of the Married Persons Equality Act 1

of 1996 hereby consent to the Tenderer submitting this Tender and if successful to enter into this

Agreement.

.............................................................

SPOUSE

9 The name of the entity in whose name the property is to be transferred has to be indicated 10 Business Registration at City of Windhoek as business entity(where applicable)must be entered here

Tenderers please note: Initial each page in right hand corner with a black pen plus two witnesses.

- 2 -

2 SPECIFIC PARTICULARS OF TENDERER FOR CONSIDERATION OF

PREFERENCES11

Full name of the tenderer to be inserted in Deed of Sale and in whose name transfer is to be

effected:12

__________________________________________________________________________

Domicilium Address (Full postal and street address of tenderer for documentation):

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

Telephone or contact number: _________________________________________________

First Time Purchaser: Yes/No13

Certificate obtained from Council prior to Tender closure date must be attached.

3 PARTICULARS FOR TENDER PREFERENCES

3.1 Citizenship/ID/Registration Number:

(If foreigner/foreign firm, company or institution full information with regard to work permits,

permanent residency, registration, et cetera, must be furnished here and be attached to the tender

submitted.).

3.2 Designated groups [To be completed by Tenderer Please indicate with X]

Designated groups Yes No

Racially disadvantaged persons or black-owned

enterprise or Black Empowerment Group14

Motivate:

Female15

First time Purchaser 16

Person with disabilities17

Motivate:

Note:

11 See subparagraph A11- must be completed, if preference is claimed. 12Must be completed by tenderer: failure to do so will lead to disqualification 13 Complete and attach verification certificate 14 Note the definition with regard to Racially disadvantaged and shareholding in company 15 Note the definition with regard to claim for female preference –if it is a company 16 Complete and attach verification certificate as first time purchaser issued by Council 17 Note the definition with regard to claim for persons with disabilities


- 3 -

“Racially disadvantaged persons/ Black Empowerment Group” i.e. all persons who belong to a racial or ethnic group which was or is, directly or indirectly, disadvantaged previously as a consequence of social, economic, or educational imbalances arising out of racially discriminatory laws or practices before the Independence of Namibia and if black empowerment group the shareholding of the company must be listed under motivation to determine if the majority shareholders indeed qualify A black-owned enterprise is defined as being a business that is at least '50.1%, owned by black

persons and where there is substantial management control.' The crucial factor is that ownership

refers strictly to economic interest in the relevant business. Black people must be eligible to

receive at least 50.1% of the profits. The term 'substantial management control' refers to

membership of any board or similar governing body of that business.

The quantitative measure placed upon the level of black ownership required in order for a business to be regarded, as a black-owned enterprise is absolute. Should black ownership amount to anything less than 50.1% the business under scrutiny will not qualify as a black- owned enterprise. A black-empowered enterprise is defined as being 'one that is at least 25.1%, or more, owned by black persons and where there is substantial management control by them. As is the case with a black-owned enterprise, ownership refers to economic interest. In the case of a black-empowered enterprise, management refers exclusively to executive directors “Disabilities” in relation to a person, include any persistent physical limitation, which restrict such person’s preparation for entry into or participation or advancement in, employment or occupation as attested to with a certificate of a medical practitioner to be attached as proof of such claim. “Female empowered business” enterprise is defined as being 'one that is at least 25.1%, or more, owned by female persons and where there is substantial management control by females. In the case of a female-empowered enterprise, management refers exclusively to executive directorships of females and the majority shareholding should vest with females as indicated in the motivation “First time buyer” For the purposes of this Tender shall be deemed to be an approved purchaser,

who obtained prior to the closing date of the Tender, a certificate from the Council at the

Customer Care Centre, Reverent Michael Scott Street and which certificate is attached hereto

stating that the Tenderer is a first time purchaser:

Who has no erf - or housing loan or existing contractual relationship with the City

relating to the purchase of land or which land although sold has not yet been

transferred and is still registered in the name of the Council: Provided that this will not

exclude Purchasers who previously acquired land and who have already taken transfer

into his/her/its/their name/s in the Deeds Office.

Who has been issued with a verification certificate by the Council prior to the closing

date of the Tender verifying the tender as a “first time purchaser” or as an approved

Purchaser to make use of either an instalment method of purchase or to reserve an erf

pending the submission of a bank guarantee, which verification certificate is attached

to the tender; and/or

Who will be entitled to acquire one erf, once off, by way of one of the method of

payments as set out in 3.1.2 in Part B: Section 2.


- 4 -

3.3 Tender Evaluation of Preferences under Economic Empowerment and Citizenship

The following information will be evaluated:

- Emerging entrepreneurs (Backyard/Home occupations/Municipal Industrial Stall Owners/Market Stalls Owners)

- SMME’s (must have proof of registration from Ministry of Trade and Industry) - Employment created (creating of employment opportunities) - Previous ownership/shareholding of commercial land within the Windhoek municipal

area - First Time entrants to the Commercial Land Market

3.3.1 Directors/Members of tendering Company/Closed Corporation/ Partnership/ Legal Entity

and its shareholding

.......................................................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

3.3.2 Origin/registration/trade licence number with Ministry of Trade and Industry

(a) Namibia company/contractor/supplier/trader

Registration No. and date: .............................................................................................................

Trade licence No. and date: ...........................................................................................................

Financial interest held by a foreigner/foreign company (if any, details)

.......................................................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

(b) Foreign company/contractor/supplier/trader

Country of registration: ................................................................................................................


Financial interests held by a Namibian/Namibia company (if any, details)

.......................................................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................


- 5 -

3.3.3 Capital structure

Total equity capital: N$ ..............................................................................................................

Amount in words: .........................................................................................................................

.......................................................................................................................................................

% of total capital: ………………….… Total RD Female Disability18

(a) Capital owned by Namibians/Namibia company: .........................................................................

(b) Capital owned by Foreigners/Foreign company: ..................................................................

3.3.4 Shareholding: (State shareholding of shareholders and indicate percentages owned by different

parties)

.......................................................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

3.3.5 Particulars of Business/Organisation (In addition, a full Business Plan19 to be submitted)

(a) Nature of activities:

.......................................................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

(b) Is it a small-scale industry according to the Ministry of Trade and Industry?

(Yes/No?) ......................................................................................................................................

If yes, please provide details and attach proof of registration:

.......................................................................................................................................................

(c) Is the tenderer located in settlement areas/underdeveloped areas notified by the Ministry of Trade

and Industry? (Yes/No?) ..............................................................................................................

If yes, please provide details:...........................................................................................................

(d) Particulars of structured training programmes/apprenticeship courses of approved standards for

labour/technical staff and managerial cadre/specialised training of women and handicapped

persons/other programmes or activities benefiting disadvantaged Namibia citizens/assistance,

sponsorship, bursaries, etc. provided to vocational training centres. Attach documentary evidence

in support:

.............................................................................................................................................................

.............................................................................................................................................................

.............................................................................................................................................................

18 Please indicate the % capital owned by designated group 19 A detailed business plan describing the business proposal and including market analysis (size, competition etc.), marketing,

financial analysis, management etc. needs to be attached.


- 6 -

(e) Particulars of affirmative action programme/activities undertaken such as promoting

advancement of disadvantaged Namibian citizen; emerging Namibian entrepreneurship, women

and handicapped persons; achieving a balanced structure of managerial cadre, etc. Attach

documentary evidence in support:

.......................................................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

(f) Particulars of Employment Opportunities to be Created if successful in acquiring land for Office

or Business purposes: ...................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

(g) Particulars and Proof of Good Standing with the Social Security Commission has to be submitted.

Emerging SMMEs not yet registered with the Social Security Commission would be granted

permission to participate in tendering, even though unable to produce Good Standing Certificates,

but be requested to produce such certificates only once contracts are to be recommended to them.

3.3.6 Organisational strength

Category Total

Number

Nr of

Females

Number of

Namibians

Number of

formerly

disadvantaged

Namibians

Number of

foreigners

Managing

Director/Directors

Managers

Office personnel/staff

Technical supervisors

Skilled labour

Unskilled labour

Contract staff/labour

Total No. of women

No. of handicapped

persons


- 7 -

3.3.7 Commercial Buildings and Land owned by Tenderer or tenderers shareholding or

membership in legal entities:

Erf Descriptions

Unimproved Erven

Area used Total in m²

Area occupied

Area built

Area used for manufacturing/assembling/workshop

Area used for office

Area used for storage

Others

3.3.8 Registration/trade licence number with City of Windhoek under Business registration

regulations20

Company/contractor/supplier/trader


Trade licence No. and date: ...........................................................................................................

Operational field/Objectives (if any, details)

.......................................................................................................................................................

.......................................................................................................................................................

.......................................................................................................................................................

Documents to be attached: [Note if not attached such preference SHALL NOT be considered]:21

(1) Copy of registration certificate/trade license of Ministry of Trade and Industry.

(2) Copy of certificate/document to substantiate any claim as being a small scale industry.

(3) Copy of certificate/document to substantiate any claim regarding location in communal

areas/underdeveloped areas.

(4) Information regarding subcontractor/subvendor/subsupplier.

(5) Documentary proof regarding training programmes, apprenticeship courses, affirmative action

programmes or activities, or other programmes or activities benefiting disadvantaged or

handicapped Namibian citizens.

(6) Copy of business registration certificate/trade license of City of Windhoek

20 Registration Certificate must be attached. Tender will not be considered if documents are omitted.

21 Attachments must be numbered and marked - Tender will not be considered if documents are omitted.


- 8 -

All tendering companies are compelled to provide certificates of good standing in terms of the Social

Security Commission Act. Emerging SMMEs not yet registered with the Social Security Commission be

granted permission to participate in tendering, even though unable to produce Good Standing Certificates,

but be requested to produce such certificates only once contracts are to be recommended to them. Master

copies of such certificates are not acceptable.

(7) Copy of shareholding certificates

(8) To qualify as first time purchaser, a verification certificate obtained from the City, prior to the

closing date of sale as per part B Section 2, clause 3.2


- 9 -

SECTION B: PART 2

TENDER FORM

1 TENDER

The tenderer/s in Section B, Part 1 hereby tender/s to purchase from the City of Windhoek vacant

property as set out in Table A hereunder, for a total purchase consideration and development as tendered

in Table A. Tenderer/s wishing to submit alternatives on their option for the particular property should

clearly indicate as such in the space provided. The Council however retains the right to allocate

(depending on the demand and tenders received) one erf per tenderer and to first entrants and SME’s.

Should the space provided not be sufficient, please provide the additional information on a separate page

(in a similar format). The additional page should also be properly initialed.

2 TENDERED PRICE: To be completed by Tenderer/s22: Kindly note that tendered price must

be completed excluding VAT payable.

*TABLE A

ERF NO EXTENT

m²

ZONING/

DENSITY

UPSET PRICE23

N$

TENDERE

D PRICE

*N$24

TENDERED

DEVELOPMENT

/

RENOVATION25

*N$

10576 Kat

(Main

tender)

302 m²

‘business’

with a bulk

of 1.0

N$240,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10581 Kat

(Main

tender)

900 m²

‘Industrial

’ with a

bulk of 1.0

N$382,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

22 This part must be correctly completed otherwise tender would be disregarded 23 Note subparagraph 3.1.2 of Part 3. See subparagraph 3.1 of Part 2 24 Fill in ground price tendered. Note disqualification warning if failure to complete 25 Fill in full development/renovations intended see subparagraph 5.1 of Part 2


- 10 -

10582 Kat

(Main

tender)

450 m²

‘Industrial

’ with a

bulk of 1.0

N$191,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10583 Kat

(Main

tender)

450 m²

‘Industrial

’ with a

bulk of 1.0

N$191,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10584 Kat

(Main

tender)

450 m²

‘Industrial

’ with a

bulk of 1.0

N$191,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10585 Kat

(Main

tender)

450 m²

‘Industrial

’ with a

bulk of 1.0

N$191,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10586 Kat

(Main

tender)

627 m²

‘Industrial

’ with a

bulk of 1.0

N$266,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 11 -

Comments

10589 Kat

(Main

tender)

330 m²

‘Industrial

’ with a

bulk of 1.0

N$140,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10590 Kat

(Main

tender)

399 m²

‘Industrial

’ with a

bulk of 1.0

N$169,600.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10591 Kat

(Main

tender)

420 m²

‘Industrial

’ with a

bulk of 1.0

N$178,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10592 Kat

(Main

tender)

405 m²

‘Industrial

’ with a

bulk of 1.0

N$172,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10593 Kat

(Main

tender)

611 m²

‘Industrial

’ with a

bulk of 1.0

N$259,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 12 -

10594 Kat

(Main

tender)

325 m²

‘Industrial

’ with a

bulk of 1.0

N$138,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10595 Kat

(Main

tender)

447 m²

‘Industrial

’ with a

bulk of 1.0

N$189,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10596 Kat

(Main

tender)

362 m²

‘Industrial

’ with a

bulk of 1.0

N$154,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10600 Kat

(Main

tender)

415 m²

‘Industrial

’ with a

bulk of 1.0

N$176,000.00

N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10601 Kat

(Main

tender)

435 m²

‘Industrial

’ with a

bulk of 1.0

N$185,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 13 -

10602 Kat

(Main

tender)

435 m²

‘Industrial

’ with a

bulk of 1.0

N$185,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10603 Kat

(Main

tender)

435 m²

‘Industrial

’ with a

bulk of 1.0

N$185,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10604 Kat

(Main

tender)

435 m²

‘Industrial

’ with a

bulk of 1.0

N$185,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10605 Kat

(Main

tender)

435 m²

‘Industrial

’ with a

bulk of 1.0

N$185,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10606 Kat

(Main

tender)

435 m²

‘Industrial

’ with a

bulk of 1.0

N$185,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 14 -

10607 Kat

(Main

tender)

405 m²

‘Industrial

’ with a

bulk of 1.0

N$172,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10608 Kat

(Main

tender)

303 m²

‘Business’

with a

bulk of 1.0

N$241,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10609 Kat

(Main

tender)

315 m²

‘Business’

with a bulk

of 1.0

N$251,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10610 Kat

(Main

tender)

315 m²

‘Business’

with a bulk

of 1.0

N$251,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

10611 Kat

(Main

tender)

302 m²

‘Business’

with a bulk

of 1.0

N$240,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 15 -

5220 Kdl

(Main

tender)

3,024 m²

‘Business’

with a

bulk of 1.0

N$1,862,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5221 Kdl

(Main

tender)

2,068 m²

‘Business’

with a

bulk of 1.0

N$1,274,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5383 Kdl

(Main

tender)

493 m²

‘Business’

with a

bulk of 1.0

N$392,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5384 Kdl

(Main

tender)

493 m²

‘Business’

with a

bulk of 1.0

N$392,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5385 Kdl

(Main

tender)

493 m²

‘Business’

with a

bulk of 1.0

N$392,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 16 -

5390 Kdl

(Main

tender)

510 m²

‘Business’

with a

bulk of 1.0

N$406,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5391 Kdl

(Main

tender)

547 m²

‘Business’

with a

bulk of 1.0

N$435,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5399 Kdl

(Main

tender)

461 m²

‘Industrial

’ with a

bulk of 1.0

N$220,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5400 Kdl

(Main

tender)

552 m²

‘Industrial

’ with a

bulk of 1.0

N$264,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5401 Kdl

(Main

tender)

547 m²

‘Industrial

’ with a

bulk of 1.0

N$261,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 17 -

5402 Kdl

(Main

tender)

502 m²

‘Industrial

’ with a

bulk of 1.0

N$240,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5403 Kdl

(Main

tender)

456 m²

‘Industrial

’ with a

bulk of 1.0

N$218,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5404 Kdl

(Main

tender)

410 m²

‘Industrial

’ with a

bulk of 1.0

N$196,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5405 Kdl

(Main

tender)

557 m²

‘Industrial

’ with a

bulk of 1.0

N$296,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5406 Kdl

(Main

tender)

462 m²

‘Industrial

’ with a

bulk of 1.0

N$221,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 18 -

5407 Kdl

(Main

tender)

383 m²

‘Industrial

’ with a

bulk of 1.0

N$183,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5408 Kdl

(Main

tender)

383 m²

‘Industrial

’ with a

bulk of 1.0

N$203,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5409 Kdl

(Main

tender)

383 m²

‘Industrial

’ with a

bulk of 1.0

N$203,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5410 Kdl

(Main

tender)

396 m²

‘Industrial

’ with a

bulk of 1.0

N$210,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5411 Kdl

(Main

tender)

1,511 m²

‘Industrial

’ with a

bulk of 1.0

N$802,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 19 -

5412 Kdl

(Main

tender)

1,365 m²

‘Industrial

’ with a

bulk of 1.0

N$724,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5413 Kdl

(Main

tender)

1,219 m²

‘Industrial

’ with a

bulk of 1.0

N$647,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5414 Kdl

(Main

tender)

1,121 m²

‘Industrial

’ with a

bulk of 1.0

N$595,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5415 Kdl

(Main

tender)

745 m²

‘Industrial

’ with a

bulk of 1.0

N$395,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5416 Kdl

(Main

tender)

791 m²

‘Industrial

’ with a

bulk of 1.0

N$420,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 20 -

5417 Kdl

(Main

tender)

791 m²

‘Industrial

’ with a

bulk of 1.0

N$420,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5418 Kdl

(Main

tender)

685 m²

‘Industrial

’ with a

bulk of 1.0

N$363,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5419 Kdl

(Main

tender)

552 m²

‘Industrial

’ with a

bulk of 1.0

N$293,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5420 Kdl

(Main

tender)

480 m²

‘Industrial

’ with a

bulk of 1.0

N$255,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5421 Kdl

(Main

tender)

480 m²

‘Industrial

’ with a

bulk of 1.0

N$255,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 21 -

5422 Kdl

(Main

tender)

480 m²

‘Industrial

’ with a

bulk of 1.0

N$255,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5423 Kdl

(Main

tender)

480 m²

‘Industrial

’ with a

bulk of 1.0

N$255,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5424 Kdl

(Main

tender)

480 m²

‘Industrial

’ with a

bulk of 1.0

N$255,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5425 Kdl

(Main

tender)

10,301 m²

‘Business’

with a

bulk of 0.5

N$6,559,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5426 Kdl

(Main

tender)

588 m²

‘Industrial

’ with a

bulk of 1.0

N$312,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 22 -

5427 Kdl

(Main

tender)

480 m²

‘Industrial

’ with a

bulk of 1.0

N$255,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5428 Kdl

(Main

tender)

480 m²

‘Industrial

’ with a

bulk of 1.0

N$255,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5429 Kdl

(Main

tender)

480 m²

‘Industrial

’ with a

bulk of 1.0

N$255,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5430 Kdl

(Main

tender)

558 m²

‘Industrial

’ with a

bulk of 1.0

N$296,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5431 Kdl

(Main

tender)

558 m²

‘Industrial

’ with a

bulk of 1.0

N$296,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 23 -

5432 Kdl

(Main

tender)

480 m²

‘Industrial

’ with a

bulk of 1.0

N$255,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5433 Kdl

(Main

tender)

480 m²

‘Industrial

’ with a

bulk of 1.0

N$255,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5434 Kdl

(Main

tender)

480 m²

‘Industrial

’ with a

bulk of 1.0

N$255,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5435 Kdl

(Main

tender)

588 m²

‘Industrial

’ with a

bulk of 1.0

N$312,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5436 Kdl

(Main

tender)

408 m²

‘Business’

with a

bulk of 1.0

N$325,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 24 -

5437 Kdl

(Main

tender)

336 m²

‘Business’

with a

bulk of 1.0

N$267,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5438 Kdl

(Main

tender)

336 m²

‘Business’

with a

bulk of 1.0

N$267,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5439 Kdl

(Main

tender)

336 m²

‘Business’

with a

bulk of 1.0

N$267,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5440 Kdl

(Main

tender)

387 m²

‘Business’

with a

bulk of 1.0

N$308,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5441 Kdl

(Main

tender)

387 m²

‘Business’

with a

bulk of 1.0

N$308,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 25 -

5442 Kdl

(Main

tender)

336 m²

‘Business’

with a

bulk of 1.0

N$267,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5443 Kdl

(Main

tender)

336 m²

‘Business’

with a

bulk of 1.0

N$267,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5444 Kdl

(Main

tender)

336 m²

‘Business’

with a

bulk of 1.0

N$267,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5445 Kdl

(Main

tender)

408 m²

‘Business’

with a

bulk of 1.0

N$325,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5446 Kdl

(Main

tender)

468 m²

‘Business’

with a

bulk of 1.0

N$373,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 26 -

5447 Kdl

(Main

tender)

384 m²

‘Business’

with a

bulk of 1.0

N$306,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5448 Kdl

(Main

tender)

384 m²

‘Business’

with a

bulk of 1.0

N$306,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5449 Kdl

(Main

tender)

384 m²

‘Business’

with a

bulk of 1.0

N$306,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5450 Kdl

(Main

tender)

444 m²

‘Business’

with a

bulk of 1.0

N$350,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5451 Kdl

(Main

tender)

444 m²

‘Business’

with a

bulk of 1.0

N$353,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 27 -

5452 Kdl

(Main

tender)

384 m²

‘Business’

with a bulk

of 1.0

N$306,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5453 Kdl

(Main

tender)

384 m²

‘Business’

with a bulk

of 1.0

N$306,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5454 Kdl

(Main

tender)

384 m²

‘Business’

with a bulk

of 1.0

N$306,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

5455 Kdl

(Main

tender)

468 m²

‘Business’

with a bulk

of 1.0

N$373,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

RE/8413

Whk

(Main

tender)

5,277 m²

‘Restrictive

Business’

with a bulk

of 0.5

N$2,879,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments


- 28 -

1759 KW

(Main

tender)

1,164 m²

‘Office’

with a

bulk of 0.5

N$1,470,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

287 KK

(Main

tender)

3,325 m²

‘Business’

with a

bulk of 1.0

N$4,150,00.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Comments

[Note Abbreviation: Kat = Katutura, Kdl = Khomasdal, KK = Kleine Kuppe, KW = Klein Windhoek and

WHK = Windhoek]

(Hereinafter referred to as the "PROPERTY")

3 TENDERED PAYMENT METHOD26 (To be completed by Tenderer/s)

3.1. The tenderer undertakes to pay the tendered purchase consideration for the Property in clause 2 of

Part 2 of Section B as follows:

3.1.1 Cash27

The total purchase price totalling N$............................................................

(.............................................................…………………………………………………………………………………………. Namibia Dollars and ……………………………..……. Cents) is payable in cash or per bank guaranteed cheque within forty eight (48) hours from date of sale: Provided that should payment be late the SELLER may grant extension of time in terms of the provisions of clause 4.3 hereof and if payment is made after 48 hours from the date of sale, interest thereon, at the rate of fifteen per cent (15 %) per annum is payable.

28OR 29

26 Delete the method of payment not applicable 27 Delete the method of payment not applicable. Note disqualification warning if failure to elect method of payment.

28 Delete method of payment not applicable-failure to do so may lead to a disqualification 29 For the next two methods of payments, the tenderer must obtain verification certificates from City prior to the closing date of

the tender and which must be attached to the tender.


- 29 -

3.1.2 Reservation Fee pending submission of a Bank Guarantee [Once off method of payment

only to approved Purchasers defined in clause 3.2]

The prescribed non-refundable amount of N$..........................................

(……………………………………………………………………………………………………….

Namibia Dollars and ............. ……………….. Cents) was payable against signing of the

Reservation Allocation Letter, a copy which is attached as Annexure to this Agreement.

Where a reservation fee has been paid, the total purchase price, together with interest thereon,

calculated at the rate of 15 % (fifteen percent), calculated monthly in advance on an annuity basis

from the date of sale of the PROPERTY to payment thereof, shall be payable on or before date of

registration of the transfer of the PROPERTY into the name of the PURCHASER. The

PURCHASER undertakes to provide to the SELLER, within 60 sixty days from the date of sale, a

Bank or Financial Institution Guarantee, payable against registration of transfer, for the full

purchase price and interest as well as all amounts due to the SELLER in terms of this Agreement.

3.2 For the purposes of this agreement a “first time purchaser” shall be deemed to be an approved

purchaser, who obtained prior to the closing date of the Tender a certificate from the City’s

Customer Care Centre and which certificate is attached hereto stating that the Tenderer is a first

time purchaser:

3.2.1 Who has no erf - or housing loan or existing contractual relationship with the Council relating

to the purchase of land or which land although sold has not yet been transferred and is still

registered in the name of the Council: Provided that this will not exclude Purchasers who

previously acquired land and who have already taken transfer into his/her/its/their name/s in

the Deeds Office.

3.2.2 Who has been issued with a verification certificate by the Council prior to the closing date of

the Tender verifying the tender as a “first time purchaser” or as an approved Purchaser to

make use of either an instalment method of purchase or to reserve an erf pending the

submission of a bank guarantee, which verification certificate is attached to the tender; and/or

3.2.2 Who will be entitled to acquire one erf, once off, by way of one of the method of payments as

set out in 3.1.2.

3.3 An “approved purchaser” for purposes of this sub-clause must at the time of signing of this

Agreement, elect one of the methods of payment in clauses 3.1.1 or 3.1.2 and the alternatives

which are not applicable, are to be struck out and the striking out is to be initialled by the

PURCHASER. Should the PURCHASER fail to choose any single method of payment, clause 3

read with clause 3.1.1 shall apply.

*** To be completed or deleted by Tenderer/s

NOTE: At the time of signing of this Tender, one of the methods of payment 3.1.1 or 3.1.2 is to

be agreed upon and the alternative which is not applicable, is to be struck out and the striking

out is to be initialled by the Tenderer.

4 CONDITIONS PRECEDENT

4.1 It is a condition precedent to this Tender that if the applicable payment or applicable guarantee or

service account amount, as set out below under “Payments” in clause 4.4 is not made or

submitted timeously, this Tender will not commence but will be null and void.

4.2 Notwithstanding the provisions of clause 7 (Date of Sale and Occupation) of the attached Deed,

occupation shall not be given prior to the fulfillment of the applicable condition.


- 30 -

4.3 The City of Windhoek in its sole discretion may apply the provisions hereof or grant extension of

time for payment/submission of a guarantee, subject to payment of interest in the case of both

payment methods. Should the City of Windhoek elect to so grant extension of time it shall not

derogate from the condition precedent created in this clause of Part 2.

4.4 Payments:

4.4.1 Payment as per sub clause 3.1.1 (total in cash) plus the amount in clause 4.4.3;

or

4.4.2 Provision of a Bank or Financial Institution Guarantee as per subclause 3.1.2 of this part 2 within sixty (60) days after having been requested to do so plus the amounts in clause 4.4.3

(Note: the payment method under 3.1.1 shall follow that elected, or deemed to have been elected,

under either of clauses 3.1.1, 3.1.2 of this Part 2)

4.4.3 In addition to the above payments in either clauses 4.4.1 or 4.4.2 of this Part 2 an amount of

N$........................... (………………………….……………………………………………….

Namibia Dollars ………………………………..) is payable against the signing of the Deed of Sale

which will be credited towards the rates and service account of the successful Tenderer.

4.4.4 The full payment of 15% VAT in cash or bank guaranteed cheque on the tendered purchase price

shall be payable on the date of sale and may not be included in a Bank or Financial Institution

Guarantee.

4.5 Condition Precedent Applicable to Purchaser

It is a further condition precedent to this Tender that the Tenderer of a non-residential Erf must

submit proof and substantiate that he/she /it has the financial means to acquire the PROPERTY by

the submission of a financial institution undertaking for funding or proof of financial means to pay

the purchase price or submission of a copy of his/her monthly payslip or other proof of his/her/its

income indicating an affordable minimum monthly income as determined by the SELLER from

time to time to purchase the PROPERTY on the instalments. The sale is further subject to the

conditions that the Tenderer has a sound credit rating, if investigated, and no previous defaulting

Erf sales record or cancellation of a tender or auction sale with the City of Windhoek. The City of

Windhoek will treat the above information in strict confidence. If the tenderer is submitted by a

legal entity, the credit rating will also take into consideration the personal credit rating of its

director/s, member/s, trustee/s or representing the legal entity. The same will apply vice versa for

natural persons tendering who had been serving as director/s, member/s, trustee/s for defaulting

legal entities.

4.6 Failure to elect Method of Payment

Should clause 3.1 of Part 2 of Section B of this Tender not be properly completed or should the

methods of payment, which is not applicable, not be properly struck out and initialled, the

Tender shall be disqualified.


- 31 -

4.7 Financial Proof of Soundness/Financial Undertaking/Guarantee (MUST BE SUBMITTED

BY TENDERER, if not the Tender shall be disqualified.)

*** I/We the tenderer/s referred to in Part 1 attach hereto my/our proof of financial

standing/capability/ statement/s of my/our approved financial institution or proof of my

income indicating that I can afford the monthly obligations.

4.8 Good Standing In Terms Of the Social Security Commission

All tendering companies are compelled to provide certificates of good standing in terms of the

Social Security Commission Act. Master copies of such certificates are not acceptable. Emerging

SMMEs not yet registered with the Social Security Commission be granted permission to

participate in tendering, even though unable to produce Good Standing Certificates, but be

requested to produce such certificates only once contracts are to be recommended to them.

4.9 The tenderers will be evaluated in respect of its credit rating within the Council; and if previous

default and breaches of Contract with the Council occurred.

4.10 The tenderer must not have defaulted in respect of any tender or development condition in respect

of a previous sales or tender or auction conditions in respect of a property directly acquired from

the Council.

5 TENDERED DEVELOPMENT: DEVELOPMENT COSTS AND COMPLETION DATE30

The tenderer/s in Section B Part 1 hereby tender/s to–

* 5.1 Develop the Property in Table A as tendered as follows (or refer to business plan where a

detail business proposition is furnished)

……………………………………………………………………………………………...…

………………………………………………………………………………………….…and

5.2 Complete my/our full development on or before ………………………….. ……….20…… 31*

5.3 Spend the following capital 32N$..................... (…………………….………………………………

……………………………………………………………………………………………………….)

Namibia Dollars) in erecting improvements on the Property [excluding escalation and the ground

price tendered]

NOTE: TENDERERS SHOULD NOTE THAT THOSE TENDERS WITHOUT THE

ABOVE-MENTIONED INFORMATION, WITH RESPECT TO PARTS 5.1 TO 5.3,

WOULD BE DISQUALIFIED.

30 Must be completed by tenderer otherwise tender will not be evaluated as point system applicable. 31 Must be completed 32 Must be completed


- 32 -

SECTION B: PART 3

CONDITIONS OF TENDER

1 TENDER DOCUMENTS

1.1 On submission of the Tender, [ entailing the completed Two tender proposals, the original

document and one copy thereof, Documents and Annexures, duly completed, initialled and signed],

Tenderers will be deemed to have acquainted themselves fully with the Tender Documents, Tender

Agreement, the site conditions, access thereto, local laws and requirements, documents required and

all aspects of the tender, prior to tendering, submission of the tendered purchase consideration and

submission of their Tender.

1.2 Parts 1 and 2 of Section B must be completed.

1.3 All pages of the full Tender Form as well as the Tender Agreement and Deed of Sale and all

Annexure must be initialled and be fully signed by the Tenderer and two witnesses at the

spaces where it is required.

1.4 All prices quoted and payments shall be in Namibian Dollar.

1.5 Tenderers must take note that the successful tenderer has to bear all the costs with regard to transfer

and stamp duties, tendering, planning, design, connection, construction costs of additional

improvements, if need be, on the Property.

1.6 Tenderers should note that tenderers would not be entitled to submit tenders in joint ventures

with undisclosed partnerships.

1.7 The priorities of the tenderer should clearly be indicated in the tender submitted and Table A may be

used for this purpose.

1.8 In evaluating clause 5 of Section B, Part 2 the following will be considered:

- Would the immediate surrounding community object to the proposed development?

- Would the development supplement the area?

- Would the development be of any benefit to the surrounding community? - Has the tenderer acted in default as set out in clause A6.3 and A6.4 or A10 of Section A?

1.9 The terms and conditions of the Tender and Annexure “A” (Tender Agreement hereinafter

referred to as the Deed of Sale) will form an integral part of this sale together with any other

drawings, plans, documents, which may accompany the same.

1.10 Good Standing In Terms Of The Social Security Commission All tendering companies are compelled to provide certificates of good standing in terms of the

Social Security Commission Act for its full staff complement. Master copies of such certificates

are not acceptable. Emerging SMMEs not yet registered with the Social Security Commission be

granted permission to participate in tendering, even though unable to produce Good Standing

Certificates, but be requested to produce such certificates only once contracts are to be

recommended to them. The Certificate of Good Standing has to be valid for the tender period and be

for all registered employees of the tenderer.


- 33 -

1.11 Any Company, closed corporation or business entity must submit proof that such business has been

registered with the City under its Business Registration Regulations, 2006.

1.12 Any prospective tenderer wishing to acquire land under clause 3.1.2 must submit and obtain a

verification certificate from the City, prior to the closing date of sale as per Section B Part 2,

clause 3.2.

2 DISQUALIFICATION

2.1 Any bribery, coercion, canvassing or any attempt thereto in order to influence or to intervene in or

attempt to influence the evaluation or awarding of the tender, whether directly or indirectly, or the

obtaining or an attempt to obtain confidential information belonging to the City in respect of the

tender, or any party purporting to represent the tenderer (even though not employed or being a

director or shareholder) in doing so will result in disqualification of the tenderer/s concerned.

2.2 Non-compliance with the formal requirements of the tender, for example comprehensive signing or

initialling of tender documents, provision of proof of financial ability, provision of details and

sketch plans (if required) of the proposed development and other improvements will result in

disqualification of the tenderer/s concerned33. Prospective tenderers are free to visit the

offices of the Property Division at the Customer Care Centre Municipal Head Office

Windhoek for assistance and guidance before completion of the documents. A list of

tenderers making enquiries will be kept for future reference.

2.3 Tenderer/s who have a poor credit history and repayment record at the City of Windhoek for any

municipal rental; loan, rates or services accounts may, and probably will, result in

disqualification of the tenderer/s concerned as a credit clearance certificate from the

Department of Finance of the City has to be obtained for consideration as a tenderer.

2.4 The tenderer must not have defaulted in respect of any tender or development condition in respect

of a previous sales or tender or auction conditions in respect of a property directly acquired from

the Council.

3 INFORMATION AND DOCUMENTS TO ACCOMPANY TENDER34

3.1 Tenderer/s must submit, if indicated, the following documents and must complete the following

information on the tender documents:-

3.1.1 The particulars of the tenderer/s as stated in Section B, Part 1 and Evaluation Criteria for Preference

Criteria claimed.

3.1.2 The purchase considerations tendered for the Erf/Erven as stated in Section B, Part 2. [Tenderers

should note that the City of Windhoek fixed the upset prices for the Erven and lower purchase

considerations tendered would not be considered. The said upset prices are reflected in Section B,

Part 2 Table A.]

3.1.3 The method of payment, which the tenderer/s will use, for payment of the Erf/Erven in terms of the

Deed of Sale, should the tender be allocated. Any prospective tenderer wishing to acquire land under

Part B, Section 2 clause 3.1.2 must submit and obtain a verification certificate from the City, prior

to the closing date of sale as per Section B Part 2, clause 3.2

3.1.4 The proposed uses of the PROPERTY. The tenderer should state whether subdivision or sectional

title development is intended

3.1.5 Description and brief details of the proposed development.

3.1.6 The completion date of proposed development.

3.1.7 The estimated development costs and capital to be invested in development of the PROPERTY

(escalation and ground price tendered excluded).

33 This condition is material to the tender being considered or not 34 This condition is material to the tender being considered or not.


- 34 -

3.2 The following documents must be completed (as far as applicable) and accompany the

tender:35

3.2.1 Evidence that the tenderer is financially in a position to pay the tendered purchase consideration.

Where the tenderer does not possess own finances but intends making use of any loan, proof must

be submitted that such loan is available and indicate the terms under which it is available.

3.2.2 It will be sufficient proof of the condition set out in sub-paragraph (3.2.1 above) of Part 3 if the

tenderer submits a letter of a financial institution regarding the tenderer’s financial standing or

rating or an undertaking or a statement from a recognised bank or financial institution together

with its tender in which it is declared that the said recognised bank or financial institution would

finance the acquisition and development if the tenderer should be the successful tenderer or

alternatively that the tenderer has funds available to enable it to carry out the responsibilities

under the tender. The amount as approved by the bank or financial institution as tendered for

should be clearly indicated in such letter.

3.2.3 Tenderers must submit a salary statement or proof of income to the tender which information will

be handled with due confidentiality.

3.2.4 Tenderer/s married in community of property must prior to signing the tender obtain the written

approval of their spouse as indicated in subparagraph 6 of Part 2 and submit the same together

with their tender

3.2.5 Tendering companies or legal entities must submit proof of good standing with the Social

Security Commission. Emerging SMMEs not yet registered with the Social Security

Commission be granted permission to participate in tendering, even though unable to produce

Good Standing Certificates, but be requested to produce such certificates only once contracts are

to be recommended to them.

3.2.6 Tenderers must submit proof of preferences claimed in Part 1.

3.2.7 Tenderers that operate as a company, closed corporation or business must submit proof that such

business has been registered with the City under its Business Registration Regulations, 2006.

3.2.8 Tenderers that operate as a company, closed corporation or business must submit proof of their

company, closed corporation registration documentation with the Ministry of Trade and Industry.

3.2.9 Any prospective tenderer wishing to acquire land under Part B, Section 2 clause 3.1.2 must submit

and obtain a verification certificate from the City, prior to the closing date of sale as per Section B

Part 2, clause 3.2

4 CLOSING DATE, TIME AND PLACE OF TENDER AND ATTESTATION OF FINAL

DOCUMENTS

4.1 The completed Documents, duly completed and signed, must be parcelled together and sealed and

endorsed on the outside with the name, number and due date of the Tender together with the name

and address of the Tenderer.

4.2 The tender shall close at 11:00 on FRIDAY, 29 AUGUST 2014. No tenders which have not

been delivered to the Manager of Property Management at Customer Care Centre, P O Box 59,

Windhoek, or deposited the tender in the tender box, at Town House, 80 Reverend Michael Scott

Street, Windhoek, by 11:00 on FRIDAY, 29 AUGUST 2014, will be considered.

4.3 In the event of a tender being allocated, the successful tenderer hereby undertakes on receipt of

the formal Deed of Sale, to sign the Deed of Sale and to return same within FOURTEEN (14)

days after receipt thereof to the Manager: Property Management, Box 59, Windhoek or personally

at the Municipal Offices, Windhoek. Failing to comply herewith may lead to the application of

clause 12 of the Deed of Sale.

35 This condition is material to the tender being considered or not.


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5 ALLOCATION OF TENDER

5.1 The City of Windhoek shall not be obliged to accept any or all of the tenders but reserves the right to

refuse to accept any or all tenders without submitting reasons therefor.

5.2 The City of Windhoek may, at its own discretion also call for further tenders, and/or to negotiate

privately, should it be advisable in the City of Windhoek's opinion after considering the response

to this tender.

5.3 Tenderer/s should note that the tender would not necessarily be allocated to the highest tenderer,

but for first entrants and SMME’s and the best proposals from which the Tender Criteria attached.

Section B, Part 1 and Part 4 will be used in evaluation of Tender Proposals.

5.4 It is an expressed and non-negotiable condition of this tender that the City of Windhoek, its

councillors, employees, contractors, consultants or any other party whomsoever does not give or

imply any warranties with regard to any aspect of this tender, nor that any representations or

statements made by one or more of the parties identified above, shall be of any force or effect.

5.5 Tenderers must acquaint themselves with the provisions of clauses 7 and 8 of this Part of the Tender

and clauses 14 and 21 of the Deed of Sale pertaining to the sale of the property “as is” and the special

conditions applicable. The Tenderer herewith explicitly agrees in favour of the City of Windhoek

that it acquainted itself of the special conditions and that it noted that no compensation will be

payable for patent or latent defects and no reduction of the purchase price will be considered or

effected to compensate for the same nor would the tenderer be allowed to cancel this agreement

after discovery of the same.

5.6 The City reserves the right to allocate only one erf per tenderer.

6 LEGAL SYSTEM APPLICABLE

6.1 The legal system applicable to this tender and any agreements arising there from will be that of

Namibia. The elected domicilia of any agreement will also therefore be that of Namibia.

6.2 In the case of reference to any legislation in this tender or any documents accompanying same, such

reference shall also include the reference to any possible amendment thereto or legislation coming

into the place of the existing legislation.

6.3 This tender shall also include all guidelines, documents, plans, et cetera which are submitted with the

tender or which are referred to in the tender documents.

7 ERECTION AND USE OF BUILDINGS AND USE OF LAND

7.1 Tenderers should note that the following primary uses are applicable to the properties in terms of the

Town Planning Scheme:

USE ZONE

(1)

PRIMARY

USES

(2)

CONSENT

USES

(3)

PROHIBITED USES

(4)

IV

Business

Shops, Business

buildings,

dwelling units,

residential

buildings and

social halls

Other uses not

under columns 3

and 4

Noxious industrial buildings

V

Restricted

Business

Business

buildings

Other uses not

under columns 2

and 4

Noxious industrial buildings


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USE ZONE

(1)

PRIMARY

USES

(2)

CONSENT

USES

(3)

PROHIBITED USES

(4)

XII

Office

Offices Dwelling units,

Residential

buildings,

Institutions,

Places of public

worship, Business

buildings, hotels,

Restaurant

Other uses not under columns 2

and 3

VIII

Industrial

Industrial

buildings and

business

buildings

All other uses No noxious industrial buildings

may be erected, no noxious

activities may be undertaken and

no hazardous substances may be

stored in quantities exceeding 200

litres, saving for a quantity of

1000 litres of fuel, specifically

and only to cater for on-site

standby generator installations, on

land located South of the

Southern edges of Academia,

Windhoek, Olympia and Klein

Windhoek Townships.

7.2 Prospective Tenderers are herewith informed that the business and industrial zoned

properties advertised as per Tender PLA 01/2014 will only be used for shops, business

buildings and industrial buildings purposes only NO other uses will be

considered. Failure to comply with this condition will lead to disqualification.

ANY TENDERER WHO INTENDS TO USE THE PROPERTY FOR OTHER

PURPOSES OTHER THAN AS PROVIDED ABOVE, WOULD BE

DISQUALIFIED. FAILURE TO COMPLY WITH THIS CONDITION OF THE

TENDER WILL RESULT IN DISQUALIFICATION OF THE TENDER.36

8 MUNICIPAL AND TELECOM SERVICES

8.1 The Tenderer accepts the fact that it must negotiate directly during the planning stage with the

Strategic Executive: Electricity with regard to the availability and provision of additional electricity

as well as alternatives available and to discuss the means and costs involved for providing electricity

to the proposed development. Electricity supply will be limited to 3x60 amps and should more than

3 x 60 amperes electricity be required, tenderers in that event provide at own cost an electricity

substation building or make alternative arrangements with the Strategic Executive: Electricity.

8.2 Tenderers should note that the prepayment method for supply of electricity might be introduced on

the Property to the sole option of the Municipal Council.

36 Note disqualification warning


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8.3 The successful tenderer undertakes to contact Telecom Namibia or any other telecommunications

utility during the planning stage with regard to the availability of services, supply and costs related to

such supply as well as to the requirements of Telecom or any other telecommunications utility

regarding plans, provision of exchanges (where relevant), as well as the requirement to submit site

and electrical layout plans for approval relating to the position and nature of Telecom’s or any other

telecommunications utility’s services. The City of Windhoek can give no undertakings in this

regard.

8.4 The Tenderer must note that where permanent structures such as tar roads, paving of pavements,

bridges and/or accesses are to be effected on a Property, Telecom Namibia should be contacted

during the planning phase in order to install sleeves to accommodate possible future services.

8.5 The successful tenderer undertakes, during the planning phase to clear the location and

availability of electricity, water, sewer and other municipal services with the Departments of

the Strategic Executive: Electricity and the Strategic Executive: Infrastructure, Water and

Technical Services respectively. The PURCHASER must ascertain which of the existing

municipal services may influence its future upgrading or development/renovation or alteration or

design and on which point such services will be connected. Access points and parking layouts

(where applicable) should be cleared during the planning phase to the satisfaction of the

Strategic Executive: Transportation.

8.6 The Tenderer must note that municipal services are provided to the Erf boundary and all other

internal municipal services are to be provided at own costs and internal house service connection

would be for the account of the Tenderer.

8.7 Access and Egress to the Property should be determined during the planning stage to the

satisfaction of the Strategic Executive: Urban Planning and Property Management.

8.8 The Property shall be subject to the registration of a servitude in favour of the Council for the

reservation by the City of Windhoek of the right of access and use without compensation of the

area 3 meters parallel with any boundary for the construction and maintenance of municipal

services in respect of water, sewerage, drainage, electricity and gas, which right includes the right

to place on such Erf temporarily any materials that may be excavated or used during such

operations on the Erf or any adjacent Erf.

8.9 The Tenderer/s for Erven 10581, 10593, 10613, 10614, 10615, Katutura and 5431, Khomasdal

should note that a sewerline passes within 1m of southern boundary of the erven.

8.10 The Tenderer/s for Erf 5405, Khomasdal should note that a sewerline passes within 1m of eastern

boundary of the erf.

8.11 The Tenderer/s for Erf 5419, Khomasdal should note that a sewerline passes within 1m of northern

boundary of the erf.

8.12 The Tenderer/s for Erf 10612, Katutura should note that a sewer rodding eye is situated in the south

eastern corner of the Erf.

8.13 The Tenderer/s for Erf 10615, Katutura should note that a sewer manhole is situated 1m within

southern boundary of the erf.

8.14 The prospective tenderer/s must acquaint themselves with the special conditions as stipulated in

clause 21 of the Deed of Sale. The erven must be developed within 5 years from date of sale and

may not be sold to a third party unless it has been developed first.


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9 COMPANIES AND CLOSED CORPORATIONS

9.1 In the event that the PURCHASER is purchasing the PROPERTY on behalf of a company, a closed

corporation in the course of formation or a nominee, it shall be a special condition that:

(a) The provisions of section 42 of the Companies Act 28 of 2004 and section 53 of Close

Corporations 26 of 1988 and the provisions of the Transfer Duty Act 14 of 1993

pertaining to the payment of transfer duty, shall have been complied with; and

(b) The company, closed corporation or identified nominee accept and ratify the sale and any

agreement which may arise there from in writing within thirty days from the date of sale,

failing which the signatory hereby agrees in favour of the Municipality that the signatory

shall be bound to the Deed of Sale and the signatory shall be deemed to have signed and

entered into this sale in his/her personal capacity.

9.2 Section 42 of the Companies Act, No. 28 of 2004 reads as follows:

42 Power as to pre-incorporation contracts

Any contract made in writing by a person professing to act as agent or trustee for a company not

yet incorporated is capable of being ratified or adopted by or otherwise made binding upon and

enforceable by that company after it has been duly incorporated as if it had been duly

incorporated at the time when the contract was made and that contract had been made without its

authority, but, the memorandum on its registration, must contain a statement with regard to the

ratification or adoption of or the acquisition of rights and obligations in respect of that contract,

and that two copies of that contract, one of which must be certified by a notary public, have been

lodged with the Registrar together with the lodgement for registration of the memorandum and

articles of the company.

9.3 Section 53 of the Closed Corporation Act, No. 26 of 1988 reads as follows:

"53(1) Any contract in writing entered into by a person professing to act as an agent or a trustee for

a corporation not yet formed, may after its incorporation be ratified or adopted by such

corporation as if the corporation had been duly incorporated at the time when the contract

was entered into.

53(2) The ratification or adoption by a corporation referred to in subsection (1) shall be in the form

of a written consent of all the members of the corporation, given within a time specified in

the contract or, if no time is specified, within a reasonable period of time after incorporation.

9.4 Where the Deed of Sale is entered into on behalf of another person or a legal person, it must be

accompanied by the necessary Power of Attorney and, where applicable, a certified extract of the

Minutes of the legal person.

9.5 Where these conditions are not complied with or should the proposed company, closed corporation

or nominee not ratify the Agreement in writing in the specified time, the signatory hereby agrees in

favour of the Municipality that the signatory shall be bound in his/her personal capacity in the event

where the other person or legal person is not legally bound hereto.


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10. UNDERTAKING

10.1 I/We the tenderer/s in Section B Part 1 hereby undertake not to revoke this offer nor to amend it

within ONE HUNDRED AND EIGHTY (180) days of the closing date of this tender and that

my/our tender may be accepted at any time within the aforesaid period of ONE HUNDRED AND

EIGHTY (180) days.

10.2 I/We further undertake to, if so requested, enter into a formal agreement which expresses the terms

and conditions of this tender at the choice of the City of Windhoek and to sign same as early as

possible after requested thereto and to return the signed documents to the Manager: Property

Management, P O Box 59, Windhoek within FOURTEEN (14) days after such request.

10.3 In the event of the failure to do so, the City of Windhoek may evoke clause 12 of the Deed of Sale

and cancel the Agreement claiming damages in accordance with the Tender Regulations of this City

of Windhoek and/or the Deed of Sale.

10.4 Until a formal agreement is drawn up and executed, this tender (inclusive of all annexures and

documents submitted therewith) together with a copy of the written acceptance thereof by the City of

Windhoek, shall constitute a binding agreement between us.

__________________________________

SIGNATURE OF TENDERER

N.B. THIS TENDER IS INVALID IF NOT SIGNED HERE!

NOTES:

(a) The tenderer must initial all pages of this tender, annexures and documents accompanying it.

(b) Where the tender is submitted on behalf of any person or legal person, a Power of Attorney to

do so must accompany it.

(c) Failure to comply with the requirements of (a) and (b) above may result that the tender will not

be considered.

(d) The closing date and time for Tender PLA 01/2014 is 11:00 29 AUGUST 2014 and is more fully

set out in the Tender Notice and Tender Advertisement.


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SECTION B

PART 4

Evaluation Criteria; Points And Preferences The following evaluation criteria and preferences in evaluation of tenders for municipal owned land, if the

tenderer complied with the Tender Conditions; shall apply

Criteria 1: Designated groups37 20

- Racially disadvantaged persons 13 - Women 4 - Persons with disabilities 3

Criteria 2: Economic empowerment 16

- Emerging entrepreneurs/First time Entrants 4 - SMME’s 4 - Community participation 4 - Employment created 4

Criteria 3: Namibian citizens 15 Criteria 4: Development proposal 15 Criteria 5: Tender price 44

RESOLUTION 317/10/2002 [POLICY] -------------------------------------------------------------------------------------------------------------

Check List: Compliance with tender conditions and completeness of tender - Did the Tenderer prepare an original set of tender documents and another copy and submit both

sets before closing date?

- Who is the tenderer and who is representing the tenderer in event of a legal entity? Section B Part 1,

- Did the Tenderer complete the Information required for Tender Preferences? Section B, Part 1

- Was the property tendered for clearly indicated? The tender must clearly indicate for which

property a tender proposal is made with alternative options if required. Section B, Part 2, Table A

- Was a price tendered and was the amount tendered above the upset price indicated or not? Section B, Part 2, Table A

- Was a financial undertaking submitted? Section B, Part 2

- Was capital investment stated? Section B, Part 2

- Was completion date stated? Section B, Part 2 - Was intended development fully described? A clear indication has to be given what development

the tenderer intends. Section B Part 2 - Was method of payment stated? Section B Part 2

37 Note the definition as per Section B, Part 1


- 41 -

- Is the Tenderer a first time purchaser and was the verification certificate confirming the same attached? Section B part 2 clause 3.2

- Was Conditions of Tender/Deed of Sale/ Annexures Deed of Sale initialed on each page and signed by the Tenderer and two witnesses?

The following are looked at in evaluating the completeness of a tender:

- Is the tenderer a Namibian citizen or a local company, close corporation or other local

association? - Did the tenderer indicate a contact address or not? - Did the tenderer ensure that all documents required were submitted? Section B Part 3, clause 3 - Was intended development fully described? A clear indication has to be given what development

the tenderer intends and by when the development will be completed. Part 2 - Was method of payment stated? Part 2

- Is the tenderer a first time purchaser and was verification certificate attached? Part 2 - Was Conditions of Tender/Deed of Sale/ Annexures initialed on each page and signed?


- 42 -

SECTION C

NOTE: [DRAFT TENDER AGREEMENT ONLY: Annexure A to Tender]

DEED OF SALE

MEMORANDUM OF AGREEMENT ENTERED INTO BY AND BETWEEN

COUNCIL OF THE MUNICIPALITY OF WINDHOEK

herein represented by ELLY SHOOMBE SHIPIKI as the Manager: Property Management acting on behalf

of the Chief Executive Officer in terms of section 27 (5) of Act 23 of 1992 and KENNETH UIRAB as

Section Head: Property Sales and Acquisitions acting on behalf of the Chairperson of the Management

Committee in terms of section 31A(a) of the Local Authorities Act 23 of 1992

(Hereinafter referred to as the "SELLER")

AND

(i) ................................................................................................

(Full names and Surname/Name of company)

Identity No/Birth Date/Registration number: ..............................................................................

Marital Status: Married/Unmarried

Married in Community of Property/ Ante Nuptial Contract/ Governed by Recognition of Certain

Marriages Act 18 of 1991

.....................................................................................

(Full Names and Surname of Spouse in event of Marriage in Community of Property or Marriage

governed by Recognition of Certain Marriages Act 18 of 1991 or where the marriage is governed by

the law of any country other than Namibia)

Identity Number of spouse/Birth Date ...........................................................................................

Date of Marriage

Place and Country of Marriage ......................................................................................................

Marriage Governed by the laws of .................................................................................................

Citizenship ...................................................................................................................................

Address: P O Box ..........................................................................................................................

Telephone /Fax number ....................................... (h) ................................................. (w)

Employer address: .....................................................................................................................

Next of kin or other contact address: .............................................................................................

*(ii) herein represented by .....................................................................................................................

in his/her capacity as ………………………. ............................................................................... of the

PURCHASER duly authorised thereto by a Resolution taken by the Purchaser a copy of which is

attached hereto and initialled for purpose of identification.

(hereinafter referred to as the “PURCHASER”)

[* Delete and initial if not applicable]


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1.

DESCRIPTION OF PROPERTY

The SELLER hereby sells to the PURCHASER who hereby purchases certain immovable Property known as

CERTAIN ERF ............................................................................

TOWNSHIP .....................................................................................

SITUATE in the municipality of Windhoek, Khomas Region, Registration Division K;

MEASURING ........................................ square meters in extent

as will more fully appear from a General Plan and/or Diagram in possession of the SELLER (hereinafter

referred to as the "PROPERTY"), subject to the following terms and conditions:

(hereinafter referred to as the "PROPERTY").

2.

PURCHASE PRICE AND METHOD OF PAYMENT

2.1. The purchase price of the PROPERTY is the sum of

N$.........................(……………………………………………………………………………………

………………………………………. Namibia Dollars and…………..Cents) not including the

payment of 15% VAT (Value Added tax).

* 2.2 Three payment options are available:

2.2.1 Cash The total purchase price of N$............... ............................................................................................

( ..................................................................................................................... .....................................

...................................................................................................................... Namibia Dollars and

...................................................................................................................... Cents) in cash or per bank

guaranteed cheque within forty eight (48) hours from date of sale: Provided that should payment be

late and should the SELLER grant extension of time in terms of the provisions of clause 2.4.3 and

payment is made after 48 hours from date of sale, interest thereon, at the rate of fifteen per cent

(15 %) per annum is payable.

* 38OR39

38 The following two methods of payment are only available to first time purchasers, once off only, and proof of verification

certificate attached. 39 Delete payment method not applicable and initial deletion


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*2.2.2 Reservation Fee pending submission of a Bank Guarantee [Once off method of payment

only to approved Purchasers defined in clause 2.2.4.]

The prescribed non-refundable amount of N$..........................................

(…………………………………………………………………………………………. Namibia

Dollars and ..............…………….. Cents) was payable against signing of the Reservation

Allocation Letter, a copy which is attached as Annexure to this Agreement.

Where a reservation fee has been paid, the total purchase price, together with interest thereon,

calculated at the rate of 15 % (fifteen percent), calculated monthly in advance on an annuity basis

from the date of sale of the PROPERTY to payment thereof, shall be payable on or before date of

registration of the transfer of the PROPERTY into the name of the PURCHASER. The

PURCHASER undertakes to provide to the SELLER, within 60 sixty days from the date of sale, a

Bank or Financial Institution Guarantee, payable against registration of transfer, for the full

purchase price and interest as well as all amounts due to the SELLER in terms of this Agreement. 2.2.3 For the purposes of this agreement a “first time purchaser” shall be deemed to be an approved

purchaser, who obtained prior to the closing date of the Tender a certificate from the SELLER’s,

Customer Care Centre and which certificate is attached hereto stating that the Purchaser is a first

time purchaser:

2.2.3.1 Who has no erf - or housing loan or existing contractual relationship with the SELLER relating to

the purchase of land or which land although sold has not yet been transferred and is still

registered in the name of the SELLER: Provided that this will not exclude Purchasers who

previously acquired land and who have already taken transfer into his/her/its/their name/s in the

Deeds Office.

2.2.3.2 Who has been issued with a verification certificate by the SELLER prior to the closing date of the

Tender verifying the PURCHASER as a “first time purchaser” or as an approved Purchaser to

make use of either an instalment method of purchase or to reserve an erf pending the submission

of a bank guarantee, which verification certificate is attached to the Agreement and tender; and/or

2.2.4 Who will be entitled to acquire one erf, once off, by way of one of the method of payments as set

out in 2.2.2.

2.3 An “approved purchaser” for purposes of this sub-clause must at the time of signing of this

Agreement, elect one of the methods of payment in clauses 2.2.1 or 2.2.2 and the alternatives

which are not applicable, are to be struck out and the striking out is to be initialled by the

PURCHASER. 2.3.1 Should the PURCHASER fail to choose any single method of payment, clause 3 read with clause

2.2.1 shall apply.

2.3.2 INCREASE OR DECREASE

Should the prime overdraft rate of the SELLER’s Bank, First National Bank or such financial

institution appointed as the SELLER’s Bank from time to time, be increased or decreased, the

interest rate as set out in clause 2.2.2 may at the sole discretion of the SELLER, be increased or

decreased with the same percentage increase or decrease with effect of the first day of the month

following such increase or decrease.

The PURCHASER hereby agrees in favour of the SELLER that rendering of an account by the

SELLER reflecting the new interest rate will be sufficient notice of such increase or decrease.


- 45 -

The PURCHASER hereby further agrees in favour of the SELLER that a certificate certified by

the Strategic Executive: Finance of the SELLER will be prima facie proof of the correctness of

such increase or decrease.

Should the prime overdraft rate of the SELLER’s Bank, First National Bank or such financial institution appointed as the SELLER’s Bank from time to time, be increased or decreased, the SELLER may at its option, increase or decrease the interest rate as set out in clause 2.2 with the same percentage increase or decrease with effect of the first day of the month following such increase or decrease. The PURCHASER hereby agrees in favour of the SELLER that rendering of an account by the SELLER reflecting the new interest rate will be sufficient notice of such increase or decrease. The PURCHASER hereby further agrees in favour of the SELLER that a certificate certified by the Strategic Executive: Finance of the SELLER will be prima facie proof of the correctness of such increase or decrease.

2.4 CONDITION PRECEDENT 2.4.1 It is a condition precedent to this Agreement that if the applicable payment or applicable guarantee or

service account amounts, as set out below under “Payments” is not made or submitted timeously,

this Agreement will not commence but will be null and void.

2.4.2 Notwithstanding the provisions of clause 7 (DATE OF SALE AND OCCUPATION), occupation

shall not be given prior to the fulfilment of the applicable condition. 2.4.3 The SELLER in its sole discretion may apply the provisions hereof or grant extension of time for

payment/submission of a guarantee, subject to payment of interest in the case of both payment methods. Should the SELLER elect to so grant extension of time it shall not derogate from the condition precedent created in this clause.

2.4.4 Payments

2.4.4.1 Payment as per clause 2.2.1 (total) plus the amount in clause 2.4.4.3; or

2.4.4.2 Provision of a Bank or Building Society Guarantee as per clause 2.2.2 within sixty (60) days

after having been requested to do so plus the amount in clause 2.4.4.3

(Note: the payment method above shall follow that elected, or deemed to have been elected, under

either of clauses 2.2.1 and 2.2.2)

2.4.4.3 In addition to the above payments in either clauses 2.4.4.1 or 2.4.4.2 an additional amount of

N$.......................... (......... .......................................................................................…......Namibia

Dollars) is payable against the signing of the Deed of Sale which will be credited towards the rates

and service account of the PURCHASER.

The provisions of this clause do not affect the right of the SELLER to apply clause 12 and claim

damages or alternatively a penalty amount.

2.5 CONDITION PRECEDENT APPLICABLE TO PURCHASER

It is a further condition precedent to this Agreement that the PURCHASER:


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2.5.1 must have a sound credit rating from the SELLER, if investigated, and have no previous

defaulting erf sales record with the SELLER;

2.5.2 must not have defaulted in respect of any tender or development condition in respect of a previous

sales or tender or auction condition in respect of a property directly acquired from the SELLER;

and

2.5.3 has the financial means to acquire the PROPERTY: Provided that, unless the purchase price is

paid in cash, the “first time purchaser” or approved purchaser for purposes of sub-clause 2.2.4

undertakes:

2.5.3.1 against signing the Deed of Sale; or

2.5.3.2 within 48 hours from the date of sale,

to submit proof and substantiate that he/she /it has the financial means to acquire the PROPERTY

by the submission of a financial institution undertaking for funding or proof of financial means to

pay the purchase price or submission of a copy of his/her monthly payslip or other proof of

his/her/its income indicating an affordable minimum monthly income as determined by the

SELLER from time to time to purchase the PROPERTY on the instalments.

The SELLER will treat the above information in strict confidence.

3.

FAILURE TO ELECT METHOD OF PAYMENT

Should clause 2.2 of this Agreement not be properly completed or should the methods of payment, which

is not applicable, not be properly struck out and initialed, then in such event the method of payment

contained in clause 2.2.1 shall be applicable. The SELLER shall be entitled to claim payment of the total

purchase price plus interest at the rate of fifteen per cent (15 %) per annum thereon, but subject to clause

2.3.2, calculated from date of sale to date of payment.

4. ARREAR INTEREST The SELLER reserves the right to charge interest on interest in arrears at the rate of interest then

applicable in terms of clause 2.3.2 of this agreement.

5.

LARGER OR MORE FREQUENT PAYMENTS

No provision of this Agreement prohibits the PURCHASER to make larger or more frequent payments

than those agreed upon or to pay the total outstanding balance of the purchase price at any time.

6.

BANK CHARGES, PLACES AND ALLOCATION OF PAYMENT

All payments due in terms of this Agreement are to be made at the offices of the SELLER or at such place or

places indicated from time to time in writing by the SELLER to the PURCHASER.

All Payments due in terms of this Agreement shall be made free of bank charges, commission, VAT (where

applicable), or any other tax or levy which may become payable to the Government, the Khomas Regional

Council or a electricity distribution company to be established... The PURCHASER shall not be entitled to

withhold, defer, set-off, or make any deduction due to the SELLER, whether or not the SELLER is indebted

to the PURCHASER or in breach of any obligation to the PURCHASER.


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7.

DATE OF SALE AND OCCUPATION

7.1 For purposes of this Agreement, but subject to the provisions of clauses 2.4; 2.5 and 10.4, the date of

sale shall be the date of signing hereof by or on behalf of the SELLER.

7.2 As from which date the PURCHASER takes possession of the PROPERTY, accepts all risks in

respect thereof and shall be entitled to all rents and profits accruing there from.

7.3 From the date of sale, the PURCHASER shall also be liable for all levies, rates and taxes due in

respect of the PROPERTY, whether these are due to the Government, the Regional Council,

regional electricity company, the City of Windhoek or whomsoever and regardless of whether

such moneys are payable pursuant or according to legislation or resolution of the instance to

which it is payable.

8.

RATES AND TRANSFER DUTY

8.1 The PURCHASER shall pay an amount equal to the municipal assessment rates levy able in respect

of the PROPERTY from date of sale.

8.2 To facilitate the collection of such monies the PURCHASER undertakes; from the date of sale until

the PROPERTY has been entered in the provisional valuation roll of properties in the municipal area

of Windhoek, to pay to the SELLER an amount or amounts equal to the assessment rates which

would have been levied on the PROPERTY if its purchase price had been so entered in the

aforementioned provisional valuation roll from date of sale.

8.3 The amount levied in lieu of assessment rates in respect of the first period shall be calculated

proportionately as from the date of sale to the end of the year, half-year, quarter or month in respect

of which assessment rates are normally levied.

8.4 The provisional municipal valuation reflected in clause 8.2 shall be deemed to be the valuation of

the Property for the time being. Should the official main or interim valuation reflected in the next

main or interim Valuation Roll be less or more than the provisional valuation, the SELLER shall

refund or the PURCHASER shall pay in the difference between the rates calculated on the

provisional valuation and the rates calculated on the main Valuation Roll as the case may be.

8.5 Transfer duty is payable on the purchase of the PROPERTY by the PURCHASER in terms of the

Transfer Duty Act 14 of 1993. Such transfer duty is payable within 6 (six) months from date of

sale by the PURCHASER to the Permanent Secretary of the Ministry of Finance. The purchaser

should note that section 4 of Act 14 of 1993 provide for heavy penalties in the case of late

payment.

9.

SANITATION, WATER AND ELECTRICITY

Notwithstanding the provisions of Clause 7 hereof, the PURCHASER shall as from date of sale be liable for

payment of the basic tariffs for sanitation services, water, electricity and refuse services available to the

PROPERTY. The SELLER can, however, give no guarantee on the time of availability of telecommunication

or electricity services to the PROPERTY. The PURCHASER should note that electricity provision to the

PROPERTY may be taken over by the electricity distribution company to be established in which event the

provision of electricity must be arranged with such company.


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10.

IMPROVEMENTS

10.1 The PURCHASER binds him-, her-, itself to develop the PROPERTY as tendered on or before

………………….………………………………………………………………. to the value of

N$………………………………………………………..…………………………

Should the PURCHASER fail to carry out the terms of this clause, the SELLER shall have the right to

demand payment of and to collect from the PURCHASER and his/her its successor in title, annually, half-

yearly, quarterly, or monthly, as the case may be, an amount which is equal to the improvement

assessment rates which would have been levied if the terms of this clause had been complied with as a

rate in terms of section 73(4)(b) as well as a penalty rate on the unimproved property under section 76A of

the Local Authorities Act, 1992 (Act 23 of 1992) as amended. The aforesaid amount is payable from the

day following the date on which the building or buildings should have been completed in terms of this

clause. The levy and collection of rates in terms of this clause shall not prejudice the rights of the

SELLER to apply any other clause of this Agreement.

10.3 Should the PURCHASER, prior to having paid the full purchase price of the PROPERTY and any

amounts outstanding in terms of this Agreement, erect any improvements on the PROPERTY,

without first having obtained the SELLER’s express written approval thereto, [such approval being

subject to such conditions as the SELLER may deem fit], and irrespective of whether building plans

have been approved by or on behalf of the SELLER, then such improvements, shall become the

Property of the SELLER without any compensation being payable in respect of same by the

SELLER in the event that this Agreement may be cancelled in terms thereof: Provided that at the

sole option and discretion of the SELLER, the SELLER shall have the right to demand that the

PURCHASER remove such improvements at his/her/its cost.

With regard to a PROPERTY with an industrial or business or restricted zoning the special conditions as set out in clause 21 shall apply in event of default to erect buildings in the prescribed period of time.

10.4 Should the PURCHASER, prior to having paid the full purchase price of the PROPERTY and any

amounts outstanding in terms of this Agreement, wish to apply for the subdivision of the

PROPERTY, the SELLER'S prior written approval and conditions pertaining to the same must first

be obtained. In such event the PURCHASER may not commence with any building operations,

excavation of the land or the erection of improvements on the PROPERTY or the marketing of the

project, before such payment of the full purchase price under clause 2.1 and outstanding payments

have been effected or a bank or financial institution guarantee for full payment of the same has been

submitted.

10.5 That no temporary or corrugated structures be allowed on the erven.

11.

BOUNDARY BEACONS

11.1 Subject to the provisions of this clause, the SELLER accepts the responsibility, after the date of sale,

through its registered land surveyor to point out, free of charge, once only, to the PURCHASER the

surveyor beacons.

11.2 The pointing out of the surveyor beacons is a right in favour of the PURCHASER only and may not

be ceded to a successor/s-in-title or name and will only be undertaken, if-

11.2.1 The PURCHASER applies in writing to the SELLER’s Department dealing with the sale of land;


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11.2.2 The application is made in writing after approval of the PURCHASER’s Building Plans,

11.2.3 The application is made at least thirty days prior to the start of the construction of the

PURCHASER’s improvements;

11.2.4 The application is made by the PURCHASER him-, her- or itself or his or her or its representative

who is in possession and who has submitted together with the application a special power of attorney

to act on such PURCHASER’s behalf; and

11.2.5 No excavations or mechanical clearing of the ground have taken place.

11.3 The PURCHASER takes note that after the pointing out of the beacons or if any excavations or

mechanical clearing of the ground have taken place, the SELLER accepts no responsibility for

pointing out or replacing surveyors' pegs or beacons and the PURCHASER or its successor in title

must thereafter appoint his, her or its own professional surveyor to point out or replace the surveyor

beacons.

11.4 The PURCHASER and its successor in title bind itself to keep in good repair, visible and maintain

the surveyor’s boundary beacons of the PROPERTY in such manner that the boundaries will always

be distinguishable as prescribed under the Survey Act of 1994.

11.5 Should the PURCHASER construct improvements in on the PROPERTY or in or on a location using

incorrect beacons (whether beacons were pointed out or not) or if a PURCHASER elects to start with

excavations or mechanical clearing of the ground or the erection of improvements, without the

beacons having been pointed out, the risk of using incorrect beacons and any ensuing

encroachment on neighbouring properties, would be for the risk and account of the

PURCHASER.

12.

CANCELLATION

Should the PURCHASER, after the SELLER granted extension of time in terms of clause 2.4.3, fail on due

date submit the necessary guarantee or fail to pay the purchase price or any portion thereof or commit any

breach of any of the terms of this Agreement, the SELLER shall, notwithstanding the condition precedent

created in clause 2.4 and 2.5 above, be entitled at its option -

12.1 after thirty (30) days notice given personally or by registered post to the PURCHASER of its

intention to do so, to cancel the sale hereby made; and

12.2 upon the expiration of such notice the PURCHASER shall, if he/she/it had taken possession of the

PROPERTY, immediately vacate the PROPERTY and give the SELLER peaceful and legal

possession thereof, and the SELLER shall be entitled to forthwith, and without reference to the

PURCHASER, alienate the PROPERTY to a third party.

12.3 The SELLER shall furthermore be entitled to claim a penalty amount from the PURCHASER,

which may at the SELLER'S option be:

12.3.1 to retain all or part of such sum or sums of money as the PURCHASER may have paid under

clause 2 of this Agreement or Tender conditions (where applicable), as a consideration for the

payment of the purchase price or interest on it; or

12.3.2 to claim an amount equal to 5% of the purchase price as set out in clause 2; or


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12.3.3 to claim the difference between the purchase price as set out in clause and the resale price, should

the resale price be less than the purchase price, plus the costs of re-advertising and any other

charges incurred.

Provided however that the SELLER in its sole discretion as a further option hereby

reserves the right to claim damages from the PURCHASER.

13.

CONDITIONS AND LIMITATIONS APPLICABLE

13.1 The PROPERTY is sold subject to the conditions of this Agreement, any servitudes or notarial

deeds which may be registered against it and all such conditions and limitations as the State has

or may impose by virtue of the provisions of the Townships and Division of Lands Ordinance,

1963 (Ordinance 11 of 1963) or by virtue of the provisions of the Townships Ordinance, 1928

(Ordinance 11 of 1928).

13.2 Without prejudice to the foregoing this sale shall further be subject to the conditions of the Town

Planning Scheme of Windhoek promulgated in terms of the Town Planning Ordinance 18 of 1954

and the PROPERTY may only be used in accordance with the said Scheme.

13.3 For the purposes hereof the PURCHASER acknowledges that the PURCHASER is aware of and

understands the restrictions and conditions imposed in terms of the aforesaid Ordinances and

Scheme.

14.

WARRANTIES

14.1 The PROPERTY is sold "as is" and the SELLER is not liable on remeasurement of the PROPERTY

for any shortfall, nor does it wish to benefit from any excess.

14.2 The SELLER does not warrant that the PROPERTY is suitable for the purpose for which it is bought

or that the extent of the PROPERTY stipulated in the diagrams, notices, sale conditions or this

agreement is in fact the extent of the PROPERTY

14.3 The PURCHASER herewith expressly acknowledges in favour of the SELLER that no guarantee,

representations or undertaking were given or made to him/her/it by or on behalf of the SELLER

in respect of any attributes of the Property, or otherwise.

14.4 Without detracting from the generality of the previous clause 14.3 the PURCHASER hereby

acknowledges in favour of the SELLER that the cost of complying with any special condition

imposed by clause 21 or failure to obtain any approval needed in terms of clause 21 as a

prerequisite for the proposed development of the Property, even if the SELLER had opposed such

application, will not entitle him/her/it to cancel this Agreement or to claim a reduction of the

purchase price nor will it entitle the PURCHASER to claim damages from the SELLER.

14.5 The PURCHASER herewith explicitly agrees in favour of the SELLER that no compensation will

be payable for patent or latent defects and no reduction of the purchase price will be considered or

effected to compensate for the same nor would the PURCHASER be allowed to cancel this

agreement after discovery of the same.

14.6 The SELLER hereby places it on record that the carrying capacity of ground in Windhoek differs

from area to area and that ground was filled in certain areas in the past. The SELLER therefore

does not guarantee in any way the carrying capacity of the PROPERTY, and no reduction of the

purchase price will be considered or effected to compensate for such defect nor will it be a ground

for the cancellation of this Agreement by the PURCHASER.


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14.7 It shall be the sole responsibility of the PURCHASER at its cost, before the submission of

building plans, to do the necessary soils tests to determine if the land has been filled. Should it

appear that the land has been filled; the PURCHASER shall undertake at its costs a geo-technical

survey to determine the foundation conditions, which should be adhered. The PURCHASER

undertakes to submit to the SELLER together with its building plans, the results of such a geo-

technical survey.

15.

PROSOPIS SPP

The PURCHASER shall not plant or allow any person to plant the tree known as Prosopis Spp. on the

PROPERTY; neither shall the PURCHASER allow such tree to grow on the PROPERTY.

16.

TRANSFER

16.1 Transfer of the PROPERTY shall be given to the PURCHASER as soon as possible after payment of

the full purchase price plus interest, if payment of interest is applicable or provision of an acceptable

Bank or Building Society guarantee in respect of any unpaid amounts.

16.2 Such transfer shall be effected by the PURCHASER, after instructions to the SELLER’s attorneys,

without undue delay after full payment of the purchase price (and interest if applicable) and within a

reasonable period after the PURCHASER obtained and submitted a clearance certificate to the

SELLER’s attorney and the PURCHASER had complied with all conditions of this agreement to

effect such transfer.

16.3 The PURCHASER shall pay the necessary costs referred to in clause 17 on demand and sign the

necessary documents within thirty (30) days after requested to do so by the SELLER or its agent.

Without limiting the rights of the SELLER in respect of other provisions hereof, the SELLER may

apply clause 12 of this Agreement should the PURCHASER fail to comply with such request or

demand or fail to take transfer within a reasonable period or fail to obtain a clearance certificate.

17.

COSTS

All costs and charges of and incidental to the transfer (including transfer and stamp duties) and all costs and

charges arising from this Deed of Sale, registration of servitudes or Imposition of Notarial Conditions and

any other legal expenses in connection therewith, shall be borne by the PURCHASER and is payable on

demand.

18.

DOCUMENTS

All documents, deeds and legal work necessary in connection with the sale hereby made and the transfer of

the PROPERTY to the PURCHASER shall be drawn and effected by the SELLER'S attorneys.


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19.

DOMICILIUM

19.1 For the purpose of this Agreement and for any notices which may require to be delivered to or

served on the PURCHASER hereunder, the PURCHASER chooses domicilium citandi et

executandi at:

.........................................................................................

PO BOX/Private Bag .....................................................

.........................................................................................

.........................................................................................

It shall be the sole responsibility of the PURCHASER to amend its domicilium addresses as

stated in this Agreement. Should the PURCHASER fail to do so and the PURCHASER is

untraceable at the domicilium as provided, the SELLER shall be entitled to accept the addresses

provided in the preamble of the Agreement or alternatively the PROPERTY as domicilium of the

PURCHASER.

19.2 And the SELLER chooses its domicilium citandi et executandi at:

Chief Executive Officer

The City of Windhoek

Box 59

Windhoek

Tel: +264 61 290 2618

Fax: +264 61 290 2111

E-mail: [email protected]

80 Independence Avenue

P. O. Box 59

Windhoek.

19.3 The Parties choose the addresses set out in Clause 19.1 and 19.2 as their domicilii citandi et

executandi (“domicilium address”) for all purposes under this Agreement whether in respect of

payment of money, the service or delivery of court or arbitration process, communications or

other documents or all other communications.

19.4 Any Party may by notice to the other change its domicilium address to another address, such

change to become effective on the 5th (fifth) Business Day from the deemed receipt of the notice

by the other Party, provided that the domicilium address must at all times include a physical

address, telefax, postal address and telephone number within Windhoek or, with the prior

approval of the other Party, which approval shall not unreasonably be withheld, any other place

within Namibia or Southern Africa.

19.5 Any communication to a Party sent by prepaid registered post (by airmail if appropriate) in a

correctly addressed envelope to it at its domicilium address will be deemed to have been received

on the 14th (fourteenth) Business Day after posting (unless the contrary is proved).

19.6 Any communication to a Party delivered by hand to a responsible person during ordinary business

hours at its domicilium address will be deemed to have been received on the day of delivery

(unless the contrary is proved).



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19.7 Any communication to a Party sent by telefax to its chosen telefax address or e-mail address, will

be deemed to have been provided, unless the contrary is proved at 12h00 noon of the 1st (first)

Business Day following the issuance, by the transmitting telefax machine, of a report confirming

correct transmission of all the pages of the document containing the communication.

19.8 Notwithstanding anything to the contrary herein contained, a communication actually received by

a Party will be an adequate communication to it notwithstanding that it was not sent to or

delivered at its chosen domicilium address.

19.9 The Laws of the Republic of Namibia govern this Agreement.

20.

RESERVING OF RIGHTS

No relaxation of a term or condition of this Agreement by the SELLER and no indulgence which the

SELLER may expressly or by implication concede to the PURCHASER, by not insisting on explicit

performance of the PURCHASER’s obligations in terms of this Agreement, nor the acceptance of any

payments after due date, shall prejudice the SELLER’s rights under this Agreement nor be constructed as

constituting a waiver of any such right, nor shall it be constructed as a novation of this Agreement or as a tacit

amendment of any of the terms or conditions of this Agreement. None of the aforegoing shall operate as an

Estoppel against the SELLER.

21.

SPECIAL CONDITIONS

The special conditions referred to hereinafter shall be applicable to the PROPERTY, and for purposes hereof

the PURCHASER acknowledges in favour of the SELLER that the PURCHASER has satisfied him/her/

itself of the nature, consequences and effect thereof prior to signing hereof, failing which the PURCHASER

hereby agrees that the PURCHASER shall be irrefutable presumed to have satisfied him/her itself so.

21.1 ELECTRICITY, TELEPHONE CONNECTIONS AND MUNICIPAL SERVICES

21.1.1 The PURCHASER accepts the fact that the PURCHASER must make arrangements during the

planning stage with the Strategic Executive: Electricity with regard to the provision of electricity

and costs related to such provision. Electricity supply will be limited to 3 x 60 amps. Should more

than 3 x 60 amps electricity be required, the PURCHASER should in that event provide at own cost

an electricity substation building or make alternative arrangements to the reasonable satisfaction of

the Strategic Executive: Electricity or the Electricity Distribution Company to be established,

respectively. Notwithstanding the provisions as set out above, the PURCHASER should note

that the SELLER is busy with a ring fencing exercise whereby the Electricity Department of the

SELLER could be outsourced to an Electricity Distributor Company in which event such Company

has to be approached for the provision of electricity and the conditions for such provision, as the

SELLER will not then be entitled to provide electricity services.

21.1.2 The PURCHASER must note that the prepayment method for the supply of electricity might be

introduced on the PROPERTY at the sole discretion of the SELLER.

21.1.3 The PURCHASER undertakes to contact Telecom Namibia or any other Telecommunications

Utility during the planning stage with regard to the availability of services, supply and costs related to

such supply as well as to the requirements of Telecom or any other Telecommunications Utility

regarding plans, provision of exchanges (where relevant), as well as the requirement to submit site

and electrical layout plans for approval relating to the position and nature of Telecom’s or any other

Telecommunications Utility’s services. The SELLER can give no undertakings in this regard.


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21.1.4 The PURCHASER takes note that where permanent structures such as tar roads, paving of

pavements, bridges and/or accesses are to be effected on a Property, Telecom Namibia or the relevant

Telecommunications Utility should be contacted during the planning phase, in order to install

sleeves to accommodate possible future services.

21.1.5 The PURCHASER must during the planning stage clear the location of electricity, water,

sewer and other municipal services with the Departments of the Strategic Executives

Infrastructure, Water & Technical Services and Electricity or the Electricity Distribution

Company to be established, respectively. The PURCHASER must ascertain which of the existing

municipal services may influence its future upgrading or development or design and on which

point such services will be connected. Access points and parking layouts (where applicable)

should be cleared during the planning phase to the satisfaction of the Chief Engineer (Planning,

Design and Traffic Flow and the Manager Transportation Policy Development and Co-ordination,

employees of the SELLER. Parking facilities, where applicable to "business" erven must be

accommodated on site by the PURCHASER in accordance with the Town Planning Scheme. The

normal parking requirement for business erven is three parking bays per 100 m² of floor area and

for office four per 100 m².

21.1.6 The PURCHASER should, where applicable, take note:

21.1.6.1 That municipal plans are only an indication of the location of individual erven and should not be

seen as a final erf diagram or general plan and the details regarding extent, topographic

characteristics, access, exact location of Municipal services crossing erven and servitudes must be

clarified as set out in clause 21.1.5.

[No topographic characteristics, access or actual location of municipal services depicted on such

plan are guaranteed.]

21.1.6.2 Of existing and/or planned services or storm water on the PROPERTY, to be cleared with the

Departments as set out in clause 21.1.5.

21.1.6.3 That internal service connection would be for the account of the PURCHASER.

21.1.6.4 That, subject to the availability of funds, no gravel street will be tarred/paved, where applicable,

until such time as plus minus seventy five percent (75 %) of the buildings adjacent to the street

have been completed. (This condition would not apply to areas where the development costs of the

township did not include the tarring/paving of internal streets in the upset prices of erven. The

PURCHASER has to ascertain if costs for the provision of a tarred/paved road had been included in

the upset price or not).

21.1.6.5 That if refuse, building materials, debris, rubble, motor wrecks etc have been dumped on the

PROPERTY the same must be removed by the PURCHASER at own cost. This would have

been taken into account at the determination of the upset price of erf.

21.1.6.6 That the PURCHASER shall take responsibility for extraordinary cost due to poor soil conditions.

21.1.6.7 That the sale of the PROPERTY is subject to the following servitudes and restrictions which shall,

at the cost of the PURCHASER, be registered against the title of the PROPERTY or by way of a

power of attorney in favour of the SELLER:

"The PROPERTY shall be subject to the reservation by the Municipal Council of Windhoek of the

right of access and use without compensation of the area 3 metres parallel with any boundary for

the construction and maintenance of municipal services in respect of water, sewerage, drainage,

electricity and gas, which right includes the right to place on such erf temporarily any materials that

may be excavated or used during such operations on the erf or any adjacent erf, which reservation


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shall be registered in favour of the Municipal Council against the title of the Erven."

21.1.6.8 MINIMUM BUILDING VALUES AND DEVELOPMENT CONDITIONS

The PURCHASERS must take note that the density zoning or minimum building value of the

PROPERTY in terms of clause 39 of the Town Planning Scheme attached as Annexure “I”

hereto; should be cleared with the Chief Planner: Urban Policy, Strategy, Facilitation and

Implementation Services of the SELLER.

21.2 STORMWATER

21.2.1 The provisions of clause 35 of the Town planning Scheme as set out in Annexure “I” shall apply. A

proper drainage plan or channelling of storm water across the erven is to be maintained by the

purchaser to the satisfaction of the Chief Engineer (Roads and Stormwater).

21.2.2 No development may be effected in the 1:100 year flood zones of any adjacent watercourse.

21.3 ACCESS

PURCHASERS must note:

21.3.1 That the following erven have "access or no access" restrictive conditions applicable to it:

21.3.1.1 Erven 10581, 10593, 10613, 10614, 10615, Katutura has got access conditions applicable.

21.3.1.2 Erven 10612, Katutura and 5417, Khomasdal may not obtain access over the catchpits.

21.3.1.3 Erven 5400, 5401, 5402, 5405, 5426, Khomasdal has either difficult or slight access problems.

21.3.1.4 Erven 5426, 5430, 5431 and 5435 Khomasdal must obtain access at least 15m from the

intersecting kerb.

21.3.2 That access to Erf RE/8013, Windhoek may only be taken via Brahmann Street.

21.3.3 That any height differences must be accommodated and the road fill or side walk must not be

disturbed or lowered for access purposes since this may lead to a damage of underground services

which must be repaired at the PURCHASER's costs in event of damage. The accesses to the affected

erven must be effected at the costs of the PURCHASER to the satisfaction of the Strategic

Executive: Transportation, ramps must be constructed on the erf and ways to overcome the same are

to be submitted together with building plans.

21.3.4 Any damages to the road and sidewalk due to building activities or construction of erf entrances

by the PURCHASER or the developer appointed by it, shall be repaired by the PURCHASER at

own costs: Provided that should the PURCHASER fail to do so the Strategic Executive:

Transportation may repair it and claim the costs from the PURCHASER.

21.4 SEWERLINES

21.4.1 The following erven have sewer lines crossing the erven and sewer manholes which must be

protected, at the PURCHASER'S cost, as set out in paragraph 21.1.6.7 and the building lines must

be maintained in these instances as no relaxation will be allowed:

21.4.1.1 The Tenderer/s for Erven 10581, 10593, 10613, 10614, 10615, Katutura and 5431, Khomasdal

should note that a sewerline passes within 1m of southern boundary of the erven.


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21.4.1.2 The Tenderer/s for Erf 5405, Khomasdal should note that a sewerline passes within 1m of

eastern boundary of the erf.

21.4.1.3 The Tenderer/s for Erf 5419, Khomasdal should note that a sewerline passes within 1m of

northern boundary of the erf.

21.4.1.4 The Tenderer/s for Erf 10612, Katutura should note that a sewer rodding eye is situated in the

south eastern corner of the Erf.

21.4.1.5 The Tenderer/s for Erf 10615, Katutura should note that a sewer manhole is situated 1m within

southern boundary of the erf.

21.5 ELECTRICAL SERVICES

21.5.1 Electrical services are available to all erven. [If the PURCHASER requires more than 3 x 60 ampere

for the proposed development, then the Strategic Executive: Electricity or the Electricity

Distribution Company to be established, must be contacted directly before any construction

drawings are approved. This is in order to determine the existing network capacity around the area

and cost related thereto.]

21.6 ROADS AND PAVEMENTS

In the eventuality that the roads and pavements have not been finally completed at date of sale of

the PROPERTY, the SELLER does not guarantee that the then existing levels shall necessarily be

the eventual levels. If this matter is material to the purchase of the PROPERTY by the

PURCHASER, the onus shall be on the PURCHASER to determine with the Strategic Executive:

Transportation of the SELLER what the eventual levels will be.

21.7 GENERAL

The conditions in the Council Resolutions for Erf 5425 Khomasdal (Council Resolution

210/08/2013), Erf RE/8413 Windhoek (Council Resolution 266/09/2011), Erf 1759 Klein

Windhoek (Council Resolution 354/10/2012) and Erf 287 Kleine Kuppe (Council Resolution

17/02/2013) must be adhered to.

21.8 SPECIAL CONDITIONS APPLICABLE TO SUBDIVISION AND CONSOLIDATION OF

ERVEN

21.8.1 Subdivision

In the event of a PURCHASER acquiring an erf for subdivision, the PURCHASER shall at

his/her/its own cost effect the subdivision by instituting the necessary procedures in terms of the

Townships and Division of Lands Ordinance, 1963 (Ordinance 11 of 1963) to obtain the necessary

approval for subdivision.

21.8.2 Consolidation

In the event of a PURCHASER buying an erf for consolidation purposes, the PURCHASER shall

at his/her/its own cost effect the consolidation by instituting the necessary procedures in terms of

the Townships and Division of Lands Ordinance, 1963 (Ordinance 11 of 1963) to obtain the

necessary approval for consolidation.

Consolidation of the erven will only be effected after the necessary approval of the Townships Board

is obtained to consolidate the erven and in the event of the necessary approved diagrams being

available.


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21.9 RESTRICTIVE RESALE AND REVERSION CONDITIONS FOR NON-COMPLIANCE

TO ERECT IMPROVEMENTS

The parties agree to the registration against the Title Deed of the PROPERTY of the following

conditions imposed for the benefit of and enforceable by the SELLER, or its assigns, namely:

21.9.1 It is a condition of this Agreement that the PURCHASER shall not be entitled to sell the Property to

a third Party or to any subsequent Successor/s in Title or successors in Name or cede or assign this

Agreement to any third party or Successor-in-title or Name without the consent of the SELLER

thereto having been had and been obtained. This permission will not be granted by the SELLER

until such time the PROPERTY has been improved equal to the minimum building value as set out

clause 39 of the Town Planning Scheme or alternatively effected to the sole choice of the SELLER,

payment under clause 21.10.3.

21.9.2 Where the PURCHASER does not materially improve the PROPERTY within five years from the

date of sale to the value as set out in clause 10 or within the period granted in terms of sub clause

21.9.5, the PURCHASER hereby provides the SELLER with an irrevocable Power of Attorney to

effect repossession of the PROPERTY.

21.9.3 The repossession referred to in subclause 21.9.2, shall, subject to the Common Law to claim

damages in respect of such default to be set off against the purchase price received, be done

without any liability by the SELLER to repay any payments made by or on behalf of the

PURCHASER to the SELLER: Provided that the SELLER shall be entitled, if it so elects:

21.9.3.1 to refund the PURCHASER, but to, keep 20% of the Purchase price in 2.1 as a penalty

for breach of contract and demand payment of an occupational rental at 10% of the

purchase price per annum until the land is retransferred to the SELLER; or:

21.9.3.2 the Seller will only waive its restrictive resale or reversionary right condition if and when

the property is to be sold in execution by a financial institution who is a secured creditor;

and:

21.9.3.3 should the SELLER waive its restrictive resale condition or reversionary right in favour

of the Purchaser or a secured creditor, without improvements being erected, a penalty

amount as determined by the SELLER or at its discretion may be TWENTY PERCENT

(20 %) of the purchase price as set out in clause 2.1 of the Deed of Sale and an

occupational rental at 10% of the purchase price per annum until the land is transferred

will be payable to the SELLER on the date of transfer to a successor-in-title or a

successor in name.

21.9.4 The irrevocable Power of Attorney referred to in subclause 21.9.2, shall, upon the issue of a

certificate by or on behalf of the SELLER that the development or improvements have been

completed, lapse and shall be void.

21.9.5 Where circumstances, which are reasonably beyond the control of the PURCHASER, prevent or

delay the PURCHASER from materially developing the PROPERTY within the development

periods referred to in clause 10, the parties shall negotiate a reasonable extension of the time

period within which the PURCHASER must complete the development of the PROPERTY.

21.9.6 The PURCHASER undertakes to effect at its own cost the registration of the conditions contained

in clauses 21.9.1 to 21.9.5 by way of a Notarial Deed of Imposition of Conditions against the

Title Deed of the PROPERTY, should transfer be taken before the erection of improvements, the

wording of such Notarial Deed to be determined by the Notary of the SELLER to reflect the

intention of the PURCHASER and SELLER contained in the said clauses.


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22

COMPANIES, CLOSED CORPORATIONS AND NOMINEES

In the event that the PURCHASER is purchasing the PROPERTY on behalf of a company, a closed

corporation in the course of formation or a nominee, it shall be a special condition that:

(a) The provisions of section 42 of the Companies Act 28 of 2004 and section 53 of Close Corporations

26 of 1988 and the provisions of the Transfer Duty Act 14 of 1993 pertaining to the payment of

transfer duty, shall have been complied with; and

(b) The company, closed corporation or identified nominee accept and ratify the sale and any agreement

which may arise there from in writing within thirty days from the date of sale, failing which the

signatory hereby agrees in favour of the Municipality that the signatory shall be bound to the Deed of

Sale and the signatory shall be deemed to have signed and entered into this sale in his/her personal

capacity.

Section 42 of the Companies Act, No. 28 of 2004 reads as follows:

42 Power as to pre-incorporation contracts

Any contract made in writing by a person professing to act as agent or trustee for a company not

yet incorporated is capable of being ratified or adopted by or otherwise made binding upon and

enforceable by that company after it has been duly incorporated as if it had been duly

incorporated at the time when the contract was made and that contract had been made without its

authority, but, the memorandum on its registration, must contain a statement with regard to the

ratification or adoption of or the acquisition of rights and obligations in respect of that contract,

and that two copies of that contract, one of which must be certified by a notary public, have been

lodged with the Registrar together with the lodgement for registration of the memorandum and

articles of the company.

Section 53 of the Closed Corporation Act, No. 26 of 1988 reads as follows:

"53(1) Any contract in writing entered into by a person professing to act as an agent or a trustee for

a corporation not yet formed, may after its incorporation be ratified or adopted by such

corporation as if the corporation had been duly incorporated at the time when the contract

was entered into.

53(2) The ratification or adoption by a corporation referred to in subsection (1) shall be in the form

of a written consent of all the members of the corporation, given within a time specified in

the contract or, if no time is specified, within a reasonable period of time after incorporation.

Where the Deed of Sale is entered into on behalf of another person or a legal person, it must be accompanied

by the necessary Power of Attorney and, where applicable, a certified extract of the Minutes of the legal

person.

Where these conditions are not complied with or should the proposed company, closed corporation or

nominee not ratify the Agreement in writing in the specified time, the signatory hereby agrees in favour of the

Municipality that the signatory shall be bound in his/her personal capacity in the event where the other person

or legal person is not legally bound hereto.


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23

CONDITIONS TO BE INCORPORATED IN SUBSEQUENT DEEDS OF SALE

In the event that the PURCHASER sells the PROPERTY he/she/it undertakes in favour of the SELLER

to incorporate the following clauses of this Agreement in the Deed of Sale with the further condition that

his/her/its successors in title will similarly bind their successors in title to infinity:

23.1 Clause 8 insofar as it relates to the payment of assessment rates;

23.2 Clause 9 until such time as the services described therein have been provided;

23.3 Clauses 10.1 and 10.2 until such time as the conditions imposed therein have been fulfilled;

23.4 Clause 11;

23.5 Clause 13;

23.6 Clause 15; and

23.7 Clause 21 insofar as it is applicable to the Property.

THUS DONE AND SIGNED AT WINDHOEK this ………… day of ………………. 20… on behalf

of the SELLER in the presence of the undersigned witnesses:-

WITNESSES:

1 _______________ ________ ________________________________

on behalf of the Chief Executive Officer

2 __________________________ ________________________________

on behalf of the Chairperson of the

Management Committee (Certified in accordance with Council Resolutions 210/08/2013, 185/06/2013, 266/09/2011, 17/02/2013, 354/10/2012)

THUS DONE AND SIGNED AT WINDHOEK this ……….. day of …………………….20… on behalf

of the PURCHASER in the presence of the undersigned witnesses: -

WITNESSES:

1 ___________________ _____________________________

P U R C H A S E R

2___________________

NOTE:- Erf sold in terms of section 63(2) or 30(1) (t) of the Local Authorities Act, 1992 (Act 23 of

1992)


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SPOUSE'S CONSENT FOR PURPOSES OF SECTION 7(1) OF THE MARRIAGE EQUALITY

ACT 1 OF 1996

I _____________________________________________ (Full names and surname)

ID No ___________________________________ married to the PURCHASER in community of

property or which marriage is governed under the Recognition of Certain Marriages Act 18 of 1991, for

the purposes of section 7(1) (a), (b), (c), (g) and (h) and 7(2) of the Married Persons Equality Act 1 of

1996 hereby consent to the PURCHASER entering into this Agreement. (TO BE COMPLETED WHERE

APPLICABLE)

_____________________________________

SPOUSE


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ANNEXURE “1”

1 Minimum Building Values in terms of the Town Planning Scheme

Clause 39 of the Town Planning Scheme with regard to minimum building values provides as

follows:

“39. Minimum building values

(1) Unless otherwise determined by Council, the value of buildings, structure and improvements

erected on any Property shall not be less than the minimum building value specified for that

Property.

(2) Minimum building values imposed in terms of this section are applicable to the value of a

main building excluding any outbuilding or a single house in the case of a "residential"

zoned erf, unless otherwise determined by Council.

(2) For all new townships proclaimed from 1 January 1996, the minimum building value of any

erf zoned "institutional", "restricted business", "garage" and "industrial" shall equal the

current municipal valuation of the land comprising that erf.

(4) For all new townships proclaimed from 1 January 1996, the minimum building value of any

erf zoned "office", or "business" shall equal 4 times the current municipal valuation of the

land comprising that erf.

(5) For all new townships proclaimed from 1 January 1996, unless otherwise specified in this

Scheme, the minimum building value of any erf zoned "residential", or "general residential"

shall equal 2 times the current municipal valuation of the land comprising that erf.

2 STORMWATER

Clause 35 of the Town Planning Scheme pertaining to Stormwater shall apply, which reads as follows:

"No stormwater drainage pipe, canal, work or obstruction (except stormwater drain pipes, canal or works

which have been authorised in writing by the local authority or which have been or may be built, laid or

erected in terms of any law) may be constructed on or over the Property or located in such a way that-

(i) The flow of stormwater from higher lying Property to lower lying Property is impeded or obstructed

and through which any Property is or may be endangered; or

(ii) The flow of a natural watercourse (in which the local authority allows floodwater to run off, be

discharged or to be canalised) is or can be changed, canalised or impeded.

(iii) The maintenance of such stormwater pipe, channel or work shall be the responsibility of the owner

of the concerned Property."

In event of very flat terrain and if applicable, storm water of erven lying on the upstream side must be

accommodated on the erven lower down, in which event clause 35 of the Town Planning Scheme shall also

apply.

31. Endowment

(1) Any Property owner subdividing land shall pay to the Council an endowment as provided for in the

Townships and Division of Land Ordinance No. 11 of 1963, of 7,5% of the value of the new

portions being created, on or before registration of the new portions, except as may otherwise be

determined by Council.


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32. Land provisions

(1) Any Property owner subdividing land shall make provision for and transfer, free of all charges,

such portions of land required for Municipal services related to and required by that subdivision.

(2) Any Property owner subdividing land shall make provision for public services such as schools,

crèches, powerline reserves, etc. as may be reasonably required by the State or the Council.

33 Minimum site requirements

(1) Where, upon the subdivision of an erf, land is given off for a street or for some other public

purpose, the area of such land may, with the consent of the Council, be calculated as part of the area

of the subdivision for the purpose of Tables E, F, and G.

(2) The Council shall not, in those areas in which in terms of Table E only one dwelling house per

existing erf is allowed, consent to any subdivision of an existing erf, provided, however, that the

Council may consent to such a subdivision if no portion smaller in extent than ninety per cent

(90%) of the area of the original erf is used as the site of a dwelling house and provided further that

the permissible coverage is not exceeded.

(3) The Council shall not, in those areas in which in terms of Table E a minimum area of site is

required per dwelling house, consent to any subdivision of land whereby any portion which may be

used for residential purposes is less than the prescribed minimum, except in the case of an existing

erf which has been built upon before the approval of the Scheme on 13 July 1987, in which case a

reduction of at most ten per cent (10%) of the prescribed minimum size may be permitted if corners

or additional beacons are thereby avoided, or in other special circumstances provided that the

coverage permitted shall not be exceeded.

(4) Upon the subdivision of any land where any portion of such land is physically separated by the

execution, or proposed execution of public works and provided that such portion does not fall

below 75% (seventy five per cent) of the minimum area as laid down in column 3 of Table E for

the said land, such portion may be used for residential purposes.

34. Access and street numbers

(1) If an erf has more than one street frontage, access to the erf shall be obtained from the street(s)

determined by the Council. The determination shall be made before the approval of any building

plans showing how access is to be taken.

(2) Street numbers shall be regulated as follows.

(a) All erven within the municipal area shall be fitted with a conspicuous number plate, showing the

Erf's street address number, erected on the street boundary from which access is legally taken, within

six weeks of submitting a building plan for the main building on that erf, or within six weeks from

the date of proclamation hereof.

(b) No service connection will be given to any erf created by private subdivision or consolidation unless

a street number has been allocated and a number plate is displayed.

(c) No service connection will be given to any unit in a sectional title scheme unless that unit has been

numbered and a number plate displayed to the satisfaction of Council.


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(d) In the event of an owner failing to comply with sub-paragraphs (a), (b) and (c), Council shall have

the right to, after written notice of its intention to do so, within a specified period, which period may

not be less than 21 days, fit such number plate and to recover the cost thereof from the owner as a

liquid claim.

36. Unserviced erven

(1) Sale or transfer of unserviced erven.

No Property owner may sell or otherwise give transfer of an erf or farm portion which lacks any of

the following:

(a) access to a public street constructed and surfaced in accordance with Municipal standards;

(b) A municipal water connection or access to a communal water supply point or supply pipeline which

has been approved by the Municipality for use by that erf or farm portion;

(c) a sewer connection or access to a sewage disposal system or sewer which has been approved by the

Municipality for use by that erf or farm portion;

except with the consent of Council.

(2) Building plans or building operations on unserviced erven.

No person shall submit building plans or commence any building operations on an erf or farm

portion which lacks any of the following;

(a) access to a public street constructed and surfaced in accordance with Municipal standards;

(b) a Municipal water connection or access to a Municipal communal water supply point or supply

pipeline which has been approved by the Municipality for use by that erf or farm portion;

(c) a sewer connection or access to a sewage disposal system or sewer which has been approved by the

Municipality for use by that erf or farm portion;

except with the consent of Council.”


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Katutura

Khomasdal


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Klein Windhoek

Kleine Kuppe