city of windhoek · tender documents (tender conditions and draft deed of sale) would be ... if...

TO ENHANCE THE QUALITY OF LIFE OF ALL OUR PEOPLE

Tel.: 09264-61-290 2313 Fax: 09264-61-290 2493

TENDER INVITATION

Sale of eleven (11) unimproved general residential block zoned erven and sectional title development, and one

(1) unimproved unrestricted business erf and one (1) office zoned erven in Academia Extension 2.

Tender PLA 03/2015

Tender Academia Extension 2, Phase 2/2015

Closing Date and Time: FRIDAY, 10 JULY 2015, 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":____________

Instructions to the Tenderer

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

envelope, marked, “THE SALE OF UNIMPROVED ERVEN in ACADEMIA EXTENSION 2,

PHASE 2/2015” must be delivered unopened and deposited in the TENDER BOX, AT REV

MICHAEL SCOTT STREET, CUSTOMER CARE CENTRE 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 together with the erf number tendered for. 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, 10 JULY 2015.

To enhance the quality of life of all our people

STRATEGIC EXECUTIVE: URBAN PLANNING AND PROPERTY MANAGEMENT

Tel.: 09264-61-290 2313 Fax: 09264-61-290 2943

PART A: TENDER FOR UNIMPROVED PROPERTIES IN ACADEMIA EXTENSION 2,

A. 1. TENDER INVITATION

Sale of eleven (11) unimproved general residential block zoned erven , one (1) unimproved unrestricted

business erf, one (1) office zoned erf in Academia Extension 2. The erf sizes ranges between 701 m² and 15,906

m² in extent, and the upset prices between N$1,051,000 and N$23,859,000.

TENDER No.: PLA 03/2015

TITLE:

Sale of eleven (11) unimproved residential block zoned erven for sectional title

development in Academia Extension 2, and one (1) unimproved unrestricted

business erf and one (1) Office zoned erf in Academia Extension 2.

CLOSING DATE

AND TIME:

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

"THE SALE OF UNIMPROVED ERVEN in ACADEMIA EXTENSION 2,

PHASE 2/2015 – PLA 03/2015” must be addressed and delivered, as set out

hereunder, not later than 11:00 on FRIDAY, 10 JULY 2015. No tenders will be

considered if such tender had not been delivered - or had not been deposited in

the Tender Box - by that time and date.

TRAINING

SESSION:

A Training Session would be held on MONDAY, `22 JUNE 2015 at 09:00 in

the Council Chambers to advise prospective tenderers on the requirements on

the completion of the Tender Document.

TENDER

DOCUMENTS:

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

available as from MONDAY, 15 JUNE 2015. 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 tender fee of N$500.00 (V.A.T. inclusive)

ENQUIRIES

TECHNICAL:

Mr. Kenneth Uirab & Mr. J. Vries

Tel: +264 - (0)61 – 290 2547 or 290 3008

Fax: 290 2943 E-mail: [email protected]; [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]

Ms. Uripi Kahorongo

Cel: 0811223797, E-mail: [email protected]

DELIVERY

ADDRESS:

Property Management – City of Windhoek, TENDER BOX, AT REV

MICHAEL SCOTT STREET, CUSTOMER CARE CENTRE AT THE

ERF SALES AND ENQUIRIES, WINDHOEK

Mr E. S Shipiki, Manager: Property Management Strategic Executive: Urban Planning and Property Management

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

mailto:[email protected]




1

Tenderers should note: The tenderer plus two witnesses must initial each page in right hand corner

with a black pen.

TENDER SECTION A

CITY OF WINDHOEK

FORM OF TENDER

TENDER FOR THE SALE OF UNIMPROVED PROPERTIES IN ACADEMIA EXTENSION 2, PHASE 2

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 collaboration with Betula

Nigra Investments (Pty) Ltd following a public –private partnership arrangement and further 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. The tenderer must submit two tender

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

subject to tender procedures of section 63(2) the Local Authorities Act 23 of 1992.

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 Personnel at the Customer Care Centre, Rev. Michael

Scott Street, Windhoek and Katutura Customer Care Centre, Independence Avenue for

assistance and guidance before completion of the documents. A list of tenderers making enquiries

will be kept for future reference.

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, Schedules and Appendixes, duly completed, initialled and signed, must be parceled 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 completed in all respects shall be disqualified1 or which were incorrectly completed or

which did not have the required supporting documents required, shall be disqualified. Tenderers must

peruse the footnotes given as guidelines.

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

A5.4 Only one Erf per Tenderer will be considered and no alternative tender allocation will be considered.

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 Tender Section B: Part 4 to the Conditions of Tender.

1 Note all clauses and footnotes that indicate when a tender may be disqualified.

2


with a black pen.

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

and breaches of Contract occurred and may be disqualified if such default is indicated by the Finance

Department.

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 The Tenderer’s experience in land delivery or sectional title development will be evaluated including the

professional team to be involved.

A7 COMPLIANCE AND ALTERNATIVES

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

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 counters

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 Tender

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 Tender 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 copy right 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.

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 Tender 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 must note the provisions contained in clause A6.3 and A6.4.

A11 PREFERENCES

A11.1 Preferential allocation of tenders 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 Tender Section B, Part 4 and to be completed by Tenderer in Tender 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

Tender 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.

3


with a black pen.

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

A12.1 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.

A12.2 That the Tenderers take note of the following Additional Tender Conditions: A12.2.1 That the Tenderers attach a table of content

2 indicating the annexures attached to the tender

document. A12.2.2 That the criteria with regard to community participation be incorporated in the Deed of Sale for

all those tenderers that have pledged to support community upliftment. A12.2.3 That for fairness and equitable distribution of land, all successful Tenderers in previous

tenders not be considered for land tender allocations for a period of two (2) years, for ‘business’, ‘restricted business’, ‘industrial’ and ‘office’ zoned properties.

A12.2.4 The above conditions will also be applicable to all residential block erven.

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 initialled 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, Schedules, Appendixes

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

Tender Section A and

Tender Section B (Parts 1 to 5) and

Tender Section C consisting of

o the Deed of Sale and

o Specific Erf Conditions

o Reservation letter

o Financial Control/Credit Worthiness Certificate

2 Note disqualification warning if failure to submit index list

4


with a black pen.

Kindly ensure that all supporting documents or certificates have been initialed and attached.

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

A14.2 Tender Section B: Tender and Tender Conditions (Complete Parts 1 and 2. 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 Tender Section B, paragraph 3

in Part 1 in line with Points System in Tender 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

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 tender3

A14.2.2.3 Sound Financial Capacity/Administration: Tenderer/s must submit information4

A14.2.2.4 Development Costs: To be completed by Tenderer/s5

A14.2.2.5 Development Period: To be completed by Tenderer/s6

A14.2.3 Part 3

Tender Conditions and Tender Undertaking

Must be initialled and Signed by Tenderer and two witnesses7

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

Evaluation Criteria; Points and Preferences

A14.2.5 Tender Section C:

Annexure “A” (all pages to be initialled)

Draft Deed of Sale (all pages to be initialled)

End of Tender Section A

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

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

two witnesses

TENDER 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

-----------------------------------------------------------------------------------------------------------8

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:_______________________________________________________

Business Registration Number with the City of Windhoek: _____________________

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., which are valid during the period of tendering.

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

8 The name of the entity in whose name the property is to be transferred has to be indicated


two witnesses

6

2 SPECIFIC PARTICULARS OF TENDERER FOR CONSIDERATION OF

PREFERENCES9

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

transfer is to be effected:10

__________________________________________________________________________

Domicilium Address (Full postal and street address of tenderer for

documentation):

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

Telephone or contact number: __________________________________________________

Financial Control/Credit Worthiness Certificate attached: Yes/No11

Financial Control/Credit Worthiness Certificate 12

obtained from Council prior to

tender closure date must be attached. (See attached sample of certificate)

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-empowered enterprise13

Motivate:

Female14

Person with disabilities15

Motivate:

Note:

“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

9 See subparagraph A11- must be completed, if preference is claimed. 10Must be completed by tenderer: failure to do so will lead to disqualification 11 Financial Control/Credit Worthiness Certificate serves to indicate whether the client is up to date with Municipal

accounts and is in compliance with the Financial Intelligence Act i.t.o source of funds 12 Note disqualification warning if failure to submit signed certificate from City of Windhoek 13 Note the definition with regard to Racially disadvantaged and shareholding in company 14 Note the definition with regard to claim for female preference –if it is a company 15 Note the definition with regard to claim for persons with disabilities


two witnesses

7

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

3.3 Tender Evaluation of Preferences under Economic Empowerment and

Citizenship

Note: Information required has the objective to evaluate the prospective Tenderer’s

activities aimed at Economic Empowerment which has seen an economic

transformation process to promote equity and prosperity, especially to SMME’s

and Emerging Entrepreneurs for a period of 2 years from the time it is

operating in the private sector. This process further aims to uplift communities by

encouraging developments to include communities. There are four elements of

empowerment namely information, inclusion/participation, accountability and local

organisational capacity:

The following information will be evaluated for purposes of the Point System in

Section B Part 4:

- Emerging entrepreneurs (Less than two years registered as company, but

years of experience in land delivery).

- 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


two witnesses

8

- Experience in land delivery and professional team involved

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: ................................................................................................................

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

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

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

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

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

(c ) Registration of Business at City of Windhoek under Business registration regulations

Registration No. and date: ______________________________

3.3.3 Capital structure

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

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

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

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

Disability16

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

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

16 Please indicate the % capital owned by designated group


two witnesses

9

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 Plan17

to be

submitted)

(a) Nature of activities:

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

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

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

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

(b) Particulars of Experience in Sectional Title Development: .......................................................................................................................................................

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

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

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

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

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

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

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

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

(c) Profiles or Particulars and Experience of Professional Team(Professional Civil

and Electrical Engineer, Professional Town Planner, Surveyor and

Conveyancer, Quantity Surveyor:

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

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

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

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

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

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

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

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

(d) 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:

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

(e) Is the tenderer located in settlement areas/underdeveloped areas notified by the

Ministry of Trade and Industry? (Yes/No?) .................................................................................

If yes, please provide details:

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

17 A detailed business plan describing the business proposal and including market analysis (size, competition etc.), marketing,

financial analysis, management etc. needs to be attached.


two witnesses

10

(f) 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:

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

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

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

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:

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

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

(g) Particulars of Employment Opportunities to be Created if successful in acquiring land

for Office or Business purposes: ..................................................................................................

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

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

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

(h) 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 [Note: Information supplied has to correlate with Social

Security Commission Certificate of Good Standing relating to existing 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


two witnesses

11

3.3.7 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

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

considered]:18

(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 Contractors/ Consultancy Teams/ subcontractor/ subvendor/

subsupplier.

(5) Medical certificate substantiating claim of disability (if preferences claimed)

(6) Documentary proof regarding training programmes, apprenticeship courses, affirmative

action programmes or activities, or other programmes or activities benefiting

disadvantaged or handicapped Namibian citizens.

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

(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.

(9) Copy of Founding Statement as well as shareholding certificates of Legal Entities

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


two witnesses

12

TENDER SECTION B:

PART 2

TENDER FORM

1 TENDER

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

Windhoek the unimproved property as set out in Table A hereunder, for a total purchase

consideration and development as tendered in Table A. Please note that tenders may not be

submitted in the alternative and only one erf per tenderer will be considered. 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 initialled.

2 TENDERED PRICE: To be completed by Tenderer/s19

: Please note that tendered

price must be completed excluding VAT payable.

NOTE: TENDERS IN THE ALTERNATIVE ARE ACCEPTABLE

*TABLE A

ERF NO EXTENT

m²

ZONING/

DENSITY

UPSET

PRICE20

N$

TENDERED

PRICE

*N$21

TENDERED

DEVELOPMENT

COST22

*N$

GENERAL RESIDENTIAL

698,

ACA 4635 m²

‘general

residential’

1:250

N$ 6,952,500 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

718,

ACA 8812 m²

‘general

residential’

1:250

N$13,218,000 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

19 This part must be correctly completed otherwise tender would be disregarded 20 Note subparagraph 3.1.2 of Part 3. See subparagraph 3.1 of Part 2 21 Fill in ground price tendered. Note disqualification warning if failure to complete 22 Fill in full development/renovations intended see subparagraph 5.1 of Part 2


two witnesses

13

ERF NO EXTENT

m²

ZONING/

DENSITY

UPSET

PRICE23

N$

TENDERED

PRICE

*N$24

TENDERED

DEVELOPMENT

COST25

*N$

719,

ACA 7765 m²

‘general

residential’

1:250

N$11,647,500 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

720,

ACA 7884 m²

‘general

residential’

1:150

N$11,826,000 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

721,

ACA 7777 m²

‘general

residential’

1:150

N$11,665,500

N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

722,

ACA 6815 m²

‘general

residential’

1:150

N$10,222,500

N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

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


two witnesses

14

ERF NO EXTENT

m²

ZONING/

DENSITY

UPSET

PRICE26

N$

TENDERED

PRICE

*N$27

TENDERED

DEVELOPMENT

COST28

*N$

723,

ACA 6898 m²

‘general

residential’

1:150

N$10,347,000

N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

724,

ACA 8261 m²

‘general

residential’

1:150

N$12,391,500

N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

725,

ACA 8579 m²

‘general

residential’

1:150

N$12,868,500 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

729,

ACA 15906 m²

‘general

residential’

1:250

N$23,859,000 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

ERF NO EXTENT

m²

ZONING/

DENSITY

UPSET

PRICE29

N$

TENDERED

PRICE

*N$30

TENDERED

DEVELOPMENT

COST31

*N$

26 Note subparagraph 3.1.2 of Part 3. See subparagraph 3.1 of Part 2 27 Fill in ground price tendered. Note disqualification warning if failure to complete 28 Fill in full development/renovations intended see subparagraph 5.1 of Part 2 29 Note subparagraph 3.1.2 of Part 3. See subparagraph 3.1 of Part 2 30 Fill in ground price tendered. Note disqualification warning if failure to complete 31 Fill in full development/renovations intended see subparagraph 5.1 of Part 2


two witnesses

15

ERF NO EXTENT

m²

ZONING/

DENSITY

UPSET

PRICE26

N$

TENDERED

PRICE

*N$27

TENDERED

DEVELOPMENT

COST28

*N$

1010,

ACA 4373 m²

‘general

residential’

1:250

N$6,559,500 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

UNIMPROVED UNRESTRICTED BUSINESS ERF

ERF NO EXTENT

m²

ZONING/

DENSITY

UPSET

PRICE32

N$

TENDERED

PRICE

*N$33

TENDERED

DEVELOPMENT

COST34

*N$

694,

ACA 1576 m²

‘unrestricted

business’

Bulk (0.5)

N$2,364,000 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

OFFICE ERVEN

ERF NO EXTENT

m²

ZONING/

DENSITY

UPSET

PRICE35

N$

TENDERED

PRICE

*N$36

TENDERED

DEVELOPMENT

COST37

*N$

696,

ACA 701 m²

‘office

erven’

Bulk (0.5)

N$1,051,500 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1.

2.

3.

4.

(Hereinafter referred to as the "PROPERTY")

32 Note subparagraph 3.1.2 of Part 3. See subparagraph 3.1 of Part 2 33 Fill in ground price tendered. Note disqualification warning if failure to complete 34 Fill in full development/renovations intended see subparagraph 5.1 of Part 2 35 Note subparagraph 3.1.2 of Part 3. See subparagraph 3.1 of Part 2 36 Fill in ground price tendered. Note disqualification warning if failure to complete 37 Fill in full development/renovations intended see subparagraph 5.1 of Part 2


two witnesses

16

3 TENDERED PAYMENT METHOD38

(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 Cash39

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

(…………………………………………………………………………………………………………………………………………. Namibia Dollars and …………………. Cents) is payable in cash or per bank guaranteed cheque within five (5) working days following acceptance of the conditions of the Council Resolution: 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 five (5) working days from the date of acceptance, interest thereon, at the rate of fifteen per cent (15 %) per annum is payable, provided that the Deed of Sale will only be concluded once payment has been made within the prescribed period

40OR

41

*3.1.2. Bank Guarantee

42

The total purchase price, together with interest thereon, calculated at the rate

of 15 % (fifteen percent), calculated annually 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 transfer of the PROPERTY into the name

of the successful Tenderer. The successful Tenderer undertakes to provide a

Bank or Building Society Guarantee to the Council, payable against

registration of transfer, for the full purchase price and interest within thirty

(30) calendar days from the Date of Sale as per the attached Deed, plus 15 %

Value Added Tax where applicable.

OR43

3.1.3 Payment of Non-Refundable deposit together with bank guarantee

A non-refundable deposit of 0.5 % of the accepted tender amount being

N$.........................................................is payable within forty-eight (48)

hours from the date of the Tender Allocation: Provided that the Tenderer

within the periods allowed in Annexure “E” signs the Deed of Sale and

submits and secures a Performance Bank Demand Guarantee for the total

purchase price, together with interest thereon, calculated at the rate of 15 %

(fifteen percent), calculated annually in advance on an annuity basis from the

38 Delete the method of payment not applicable. Failure to delete payment method not applicable will lead to disqualification 39 Delete the method of payment not applicable. Note disqualification warning if failure to elect method of payment. 40 Delete method of payment not applicable-failure to do so may lead to a disqualification 41 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. 42 Delete the method of payment not applicable 43 Delete the method of payment not applicable.


two witnesses

17

date of sale of the PROPERTY to payment thereof, which shall be payable on

or before date of registration of transfer of the PROPERTY into the name of

the successful Tenderer. The Successful Tenderer undertakes to provide a

Bank or Building Society Guarantee to the SELLER, payable against

registration of transfer, for the full purchase price and interest within sixty

(60) calender days from the Date of Sale as per the attached Deed, plus 15 %

Value Added Tax where applicable.

*** 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 or 3.1.3 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.

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 of Tender Section B.

4.4 Payments:

4.4.1 Payment as per sub clause 3.1.1 plus the amount in clause 4.4.4; or

4.4.2 Provision of a Bank or Financial Institution Guarantee as per subclause 3.1.2 of this

part 2 within thirty (30) days after having been requested to do so plus the amounts in

clause 4.4.4

4.4.3 Reservation Fee in 3.1.3 within 48 hours from the date of the Tender Allocation and

Provision of a Bank or Financial Institution Guarantee as per subclause 3.1.3 of this

part 2 within thirty (30) days after having been requested to do so plus the amounts in

clause 4.4.4

Note: the payment method under 3.1 shall follow that elected, or deemed to have been

elected, under either of clauses 3.1.1, 3.1.2 or 3.1.3 of this Part 2)

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

amount of N$ ........................................................... ( .......................................................................

.................................................................................. ......................................................................... )


two witnesses

18

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.

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

purchase price, if payable, 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 an 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 other proof of his/her/its income indicating an

affordable minimum income as determined by the SELLER from time to time to

purchase the PROPERTY. 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.

4.6 Failure to properly complete tender

Should clauses 2 or 3.1 or 4 or 5 of this Part 2 of Tender Section B of this Tender not

be properly completed or should the method of payment, which is not applicable, not

be properly struck out and initialed or should the tender not be signed or all pages

initialed, the Tender shall be disqualified.

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 of Tender Section B 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 financial

obligations under the Deed of Sale.

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.


two witnesses

19

5 TENDERED DEVELOPMENT: DEVELOPMENT COSTS AND COMPLETION

DATE44

The tenderer/s in Tender 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 …………………………..

……….201…… 45

* 5.3 Spend the following capital 46

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

............................................................................................................................................................... )

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.

44 Must be completed by tenderer otherwise tender will not be evaluated as point system applicable. 45 Must be completed 46 Must be completed


two witnesses

20

TENDER SECTION B

PART 3

CONDITIONS OF TENDER

1 TENDER DOCUMENTS

1.1 On submission of a Tender, Tenderers will be deemed to have acquainted themselves

fully with the:

1.1.1 Tender Documents,

1.1.2 Tender Agreement,

1.1.3 the site conditions and access thereto,

1.1.4 local laws and requirements, documents required and

1.1.5 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, Tender Section B must be properly completed.

1.3 All pages of the Tender Form as well as the Tender Agreement (Deed of Sale), and all

Annexures, Sections 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 planning, design, connection, construction costs of additional infrastructure and

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 and could be disqualified for doing so. 1.7 The tenderer must only tender for one main erf and indicate as such or alternatives and

Table A may be used for this purpose.

1.8 In evaluating Paragraph 5 of Part 2, Tender Section B 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?

1.9 The terms and conditions of the Tender and Annexures (Tender Agreement

hereinafter referred to as the Deed of Sale) will form an integral part of this sale

together with any other documents drawings, plans,, 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. 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.


two witnesses

21

The Certificate of Good Standing has to be valid for the tender period and be for all

registered employees of the tenderer.

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.

2 DISQUALIFICATION

2.1 Any corruption as defined in the Anti-Corruption Act 2003 (Act No. 8 of 2003),

bribery, coercion, canvassing, lobbying or any attempt thereto in order to influence or to

intervene in or attempt to influence the 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/renovations or alteration and other improvements will result in

disqualification of the tenderer/s concerned47

. Prospective tenderers are free to

visit the offices of the Property Division, Third Floor 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.

3 INFORMATION AND DOCUMENTS TO ACCOMPANY TENDER48

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 Tender Section B, Part 1 and Evaluation

Criteria for Preference Criteria claimed.

Tenderer must complete information required of Experience in Township

Development? Tender Section B, Part 1

Tenderer must complete its lists of Professionals (Engineers, Town Planner,

Surveyor, Conveyancer and Quantity Surveyors) to be used in the Project? Tender

Section B, Part 1

The Tenderer must complete the purchase consideration tendered for the Erf/Erven as

stated in Tender Section B: Part 2;clause 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 price is reflected in Tender

Section B: Part 2 Table A.]

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.

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

or sectional title development is intended for residential block erven.

Description and brief details of the proposed development/renovation or alteration.

The completion date of proposed development/renovation or alteration.

47

This condition is material to the tender being considered or not 48

This condition is material to the tender being considered or not


two witnesses

22

The estimated development/renovation or alteration costs and capital to be invested in

development/renovation or alteration of the PROPERTY (escalation and ground price

tendered excluded).

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

accompany the tender49

:

3.2.1 Evidence that the tenderer is financially in a position to pay the full tendered

purchase price 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 issue a guarantee to 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 to the fullest extent. Tenderers should note that the

full tendered price and development must be secured. Tenders submitting a letter

merely covering non-refundable deposits will be disqualified.

3.2.3 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

3.2.4 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.

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

3.2.6 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,

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

FINAL DOCUMENTS

4.1 The completed Documents, duly completed and signed, must be parceled together and

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

name and address of the Tenderer together with the number of the Erf tendered for.

4.2 The tender shall close at 11:00 on FRIDAY, 10 JULY 2015. No tenders which have

not been deposited in the tender box, at Town House, 80 Independence avenue,

Windhoek, by 11:00 on FRIDAY, 10 JULY 2015 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 or Reservation Documents, to sign the Deed of

Sale or in event of reservation, the reservation letter and to return same within

SEVEN (7) days after receipt thereof to the Municipal Offices, Windhoek. Failing to

49 This condition is material to the tender being considered or not


two witnesses

23

comply herewith may lead to the application of clause 12 of the Deed of Sale.

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 Tender allocation will be limited to one Erf per Tenderer even though such tenderer

scored the highest points during the evaluation of the tender

5.3 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.

5.4 Tenderer/s should note that the tender would not necessarily be allocated to the

highest tenderer, but for the best proposals from which the community would

financially or otherwise prima facie benefit the most, and the Tender Criteria attached

as Tender Section B, Part 4 plus its experience in land and housing delivery, sectional

title and its professional team will be used in evaluation of Tender Proposals

5.5 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.

5.6 Tenderers must acquaint themselves with the provisions of clause 14 of the Deed of Sale

pertaining to the sale of the properties “as are”. The Tenderer herewith explicitly agrees

in favor of the Council 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.

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 domicilii 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 A Prospective Purchaser should note:

7.1.1 No subdivision will be allowed under a “general residential“ zoning, but should the

prospective tenderer wish to subdivide the Erf, the Urban Planner should be contacted

for an appropriate rezoning and density amendment, which should be stated in the

proposed tender.


two witnesses

24

7.2 Any tenderer who intends to use the PROPERTY FOR OTHER PURPOSES

THAN ITS PRIMARY USE, should therefore beforehand get the necessary consent

of the City of Windhoek for such a "consent use" and, should mention in its tender

document and development proposals that such consent would be applied for.

8 MUNICIPAL AND TELECOM SERVICES

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

and before any construction drawings are approved, with the Strategic Executive:

Electricity Services 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/renovation or alteration. 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 Services.

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.

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 Services or the Electricity

Distributor Company to be established 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:

Infrastructure, Water and Technical Services.

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 The Property shall be subject to 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


two witnesses

25

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.

8.8 Stormwater must be accommodated on the erf to the satisfaction of the Strategic

Executive: Infrastructure, Water and Technical Services on the account of the successful

tenderer.

8.9 The prospective tenderer/s must acquaint itself with the special conditions as stipulated

in clause 21 of the Deed of Sale.

9 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


two witnesses

26

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.


two witnesses

27

TENDER 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 groups50

20

- Racially disadvantaged persons 13

- Women 4

- Persons with disabilities 3

Criteria 2: Economic empowerment51

8

- SMME’s 4

- Community participation 4

Criteria 3: Namibian citizens 15

Criteria 4: Development proposal52

15

Criteria 5: Tender price53

76

Tenderer Professional Team:54

8

Tenderer Experience in Sectional Title55

8 -------------------------------------------------------------------------------------------------------------

Check List: Compliance with tender conditions and completeness of tender

- Particulars of Tenderer complete? Who is the tenderer and who is representing the

tenderer in event of a legal entity? Tender Section B Part 1,

- Did the Tenderer complete the Information required for Tender Preferences? Tender

Section B, Part 1

- Did the Tenderer complete information required of Experience in Township

Development? Tender Section B, Part 1

- Did the Tenderer complete its lists of Professionals (Engineers, Town Planner,

Surveyor, Conveyancer and Quantity Surveyors) to be used in the Project and years

of experience and CV’s? Tender Section B, Part 1

50 See Section B Part 1, Clause 3.2 51 See Section B, Part 1, 52 As tendered in Section B, Part 2, clause 2, Table A read with clause 5 53 53 As tendered in Section B, Part 2, clause 2, Table A read with clause 3 54 See Section B part 1 Clause 3.3.5 (c) 55 See Section B part 1 Clause 3.3.5 (b)


two witnesses

28

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

which property a tender proposal is made Tender Section B, Part 2 clause 2, Table A

- Was a price tendered and was the amount tendered above the upset price indicated or

not? Tender Section B, Part 2, Clause 2, Table A

- Was a financial undertaking submitted? Tender Section B, Part 2, Clause 4

- Was capital investment stated? Tender Section B, Part 2, Clause 5

- Was completion date stated? Tender Section B, Part 2, Clause 5

- Was intended development fully described? A clear indication has to be given what

development the tenderer intends. Tender Section B Part 2, Clause 5

- Was method of payment stated? Tender Section B Part 2, clause 3

- Was Conditions of Tender/Deed of Sale/ Annexures initialled on each page and

signed by the Tenderer and two witnesses? Full document plus Annexures and

Sections

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? Tender Section

B Part 3, clause 3


two witnesses

29

TENDER SECTION B

Part 5

1. UNDERTAKING

1.1 I/We the tenderer/s in Part 1 of Tender Section B hereby undertake not to revoke this

offer nor to amend it within NINETY (90) calendar days of the closing date of this

tender and that my/our tender may be accepted at any time within the aforesaid period of

NINETY (90) calendar days.

1.2 I/We further undertake to, after successful allocation of the tender, enter into a formal

agreement or tender reservation which expresses the terms and conditions of this tender

at the choice of the City of Windhoek, to make the applicable payments and to sign the

formal agreement or documents after requested thereto and to return the signed

documents within SEVEN (7) days after such request.

1.3 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.

1.4 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 WITNESS SIGNATURE OF TENDERER56

_______________________________

SIGNATURE OF WITNESS

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

NOTE :

(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 ACADEMIA EXTENSION 2, PHASE 2 / 2015

is 11:00 on FRIDAY, 10 JULY 2015 and is more fully set out in the Tender Notice

and Tender Advertisement.

56 Disqualification warning: The tenderer must fully sign the tender here-default will result in non-consideration of tender.

The signing of the tender is material.


two witnesses

30

TENDER SECTION C

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

DRAFT 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 authorized

thereto by a Resolution taken by the Purchaser a copy of which is attached hereto and

initialed for purpose of identification.

(hereinafter referred to as the “PURCHASER”)

[* Delete and initial if not applicable]


two witnesses

31

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), if

payable.

* 2.2 Three payment options are available:

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

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

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

....................................................... Namibia Dollars) in cash or per bank guaranteed

cheque within five (5) working days from the acceptance of the conditions of the

allocation, Provided that should payment be late and should the SELLER grant extension

of time in terms of the provisions of clause 2.4 and payment is made after five (5)

working days from date of acceptance of the allocation, interest thereon, at the rate of

fifteen per cent (15 %) per annum is payable.

* OR

2.2.2 Bank Guarantee

The total purchase price, together with interest thereon, calculated at the rate of 15 %

(fifteen percent), calculated annually 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 transfer of the PROPERTY into the name of the PURCHASER. The

PURCHASER undertakes to provide a Bank or Building Society Guarantee to the

SELLER, payable against registration of transfer, for the full purchase price and

interest within thirty (30) calendar days from the Date of Sale.

NOTE: At the time of signing of this Agreement one of the methods of payment 2.2.1,


two witnesses

32

2.2.2, 2.2.3 or 2.2.4 is to be agreed upon and the alternatives which are not applicable, are to be struck out and the striking out is to be initialled by the PURCHASER.

OR

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

payment only to approved Purchasers defined in clause 2.5]

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 sixty (60) calendar 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.

2.3.1 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 and 2.2.3 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.

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 and 2.2.3 with the same percentage increase or decrease with

effect of the first day of the month following such increase or decrease. In such event

the payment reflected in clauses 2.2.2 and 2.2.3 will be adjusted accordingly.


two witnesses

33

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 fulfillment 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 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 or 2.2.3

within thirty (30) 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, 2.2.2 or 2.2.3)

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:

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

previous defaulting erf sales record with the SELLER;

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


two witnesses

34

acquired from the SELLER; and

2.5.1 has the financial means to acquire the PROPERTY: Provided that, unless the purchase

price is paid in cash, the approved purchaser for purposes of sub-clause 2.2.3

undertakes:

2.5.1.1 against signing the Deed of Sale; or

2.5.1.2 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 proof of his/her/its

income indicating an affordable minimum income as determined by the SELLER

from time to time to purchase the PROPERTY.

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 late interest at the rate of twenty per

cent (20 %) 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 Twenty

percent (20%) interest per annum.

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


two witnesses

35

in breach of any obligation to the PURCHASER.

7.

DATE OF SALE AND OCCUPATION

7.1 For purposes of this Agreement, but subject to the provisions of clauses 2.4; 2.5, 8.1 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.


two witnesses

36

9.

SANITATION, WATER AND ELECTRICITY

9.1 Notwithstanding the provisions of Clause 7 hereof, the PURCHASER shall as from date

of sale be liable for payment of the basic charges for availability of water and electricity

services in respect of the PROPERTY, as well as for payment of the basic tariff

applicable in respect of sewerage services and removal of refuse.

9.2 An availability water charge levied by the SELLER in accordance with subclause 9.1

shall not be payable by the PURCHASER in respect of any unalienated subdivisions of

the PROPERTY if

9.2.1 the water, electricity or sewerage reticulation system on the PROPERTY or subdivisions

of the PROPERTY were provided by PURCHASER at his, her or its own cost; or

9.2.2 the PURCHASER has deposited with the SELLER the capital cost of such reticulation

system, but upon the alienation of such PROPERTY or its subdivisions to any other

person, such availability charge shall be payable by such other person and every

successor in title as set out in the applicable Municipal Regulations.

10.

IMPROVEMENTS

10.1 The PURCHASER binds him-, her-, itself to erect a building or buildings on the

PROPERTY within 2 (two) years from date of sale of which the value of the main

building, outbuildings excluded, as calculated by the Manager: Valuation Services of the

SELLER, shall not be less than the minimum building value specified for a property

situated in the relevant township or zoning as set out in clause 39 of the Town Planning

Scheme of Windhoek or as determined by the SELLER or any law from time to time.

Such building value shall be expressed as a factor of the ground value of the

PROPERTY as it is entered into the Valuation Roll of the SELLER from time to time

when assessment rates are levied against the PROPERTY.

10.2 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


two witnesses

37

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.

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.

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;

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.


two witnesses

38

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 sub-clauses 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 20% of the purchase price as set out in clause 2; or

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).


two witnesses

39

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.

VOETSTOOTS AND CARRYING CAPACITY

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.

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.


two witnesses

40

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, the submission of approved General Plans (if applicable).

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.


two witnesses

41

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 2313

Fax: +264 61 290 2493

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).



two witnesses

42

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).

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 Services with

regard to the provision of electricity and costs related to such provision and to adhere

to the Standards and Specifications as set out. 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 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.


two witnesses

43

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.

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 & Waste Management and Electricity or the

Electricity Distribution Company to be established, respectively.

21.1.6 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

(Roads and Stormwater) and the Strategic Executive: Urban Planning and Property

Management, 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.

21.1.7 The PURCHASER should, where applicable, take note:

21.1.7.1 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 and 21.1.7.

[No topographic characteristics, access or actual location of municipal services

depicted on such plan are guaranteed.]

21.1.8.2 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 and 21.1.7.

21.1.8.3 That internal service connection would be for the account of the PURCHASER.

21.1.8.4 That, subject to the availability of funds, no gravel access 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).


two witnesses

44

21.1.8.5 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.

21.1.8.6 That the PURCHASER shall take responsibility for extraordinary cost due to poor soil

conditions.

21.1.8.7 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 shall be

registered in favour of the Municipal Council against the title of the erven."

21.2 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.

21.3 STORMWATER

21.3.1 Surface water runoff must be accommodated according to Clause 35 of the Town

Planning Scheme (see Info 35 of the Town Planning Scheme) stating:

(1) That 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 allow flood

water to run off, be discharged or to be canalised) is or can be changed,

canalised or impeded.

iii) That the maintenance of such stormwater pipe, channel or work be the

responsibility of the owner of the concerned property.

(2) That prior approval be obtained from the Chief Engineer: Planning, Design and

Traffic Flow if the accommodation of the storm water on the erf is contemplated.

(3) That engineering drawings on how the stormwater would be accommodated to

the satisfaction of the Chief Engineer: Planning, Design and Traffic Flow be


two witnesses

45

submitted for approval, simultaneously with the building plans.

(4) That all existing stormwater pipes, outlets and inlets or any other stormwater

system be clearly indicated on all building plans submitted prior to approval

thereof.

(5) That no building plans will be approved until the above stormwater conditions are

met.

(6) That access be to the satisfaction of the SE: Urban Planning and Property

Management

21.4 ACCESS

PURCHASERS must note:

21.4.1 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: Infrastructure, Water and

Technical Services, ramps must be constructed on the erf and ways to overcome the

same are to be submitted together with building plans.

21.4.2 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: Infrastructure, Water and Technical Services may repair it

and claim the costs from the PURCHASER.

21.5 SEWERLINES

21.5.1 The erven which have sewer lines crossing the erven and sewer manholes must be

protected, at the PURCHASER'S cost, and the building lines must be maintained in

these instances as no relaxation will be allowed.

21.6 ELECTRICAL SERVICES

21.6.1 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.]

21.7 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: Infrastructure, Water and

Technical Services of the SELLER what the eventual levels will be.


two witnesses

46

21.8 GENERAL

21.8.1 Purchasers of high density residential erven are advised to consult with the Strategic

Executive: Urban Planning and Property Management prior to the purchase of such

erf to ascertain what the applicable standards for housing structures are, before

committing themselves financially in terms of this Agreement.

21.8.2 That the parking requirements for high density erven is (1) parking bay per equal or

less than three (3) bedroom unit, or two (2) parking bays per equal or greater than

four (4) bedroom unit, plus one (1) parking bay per three (3) units or part thereof

explicitly for visitors parking.

21.9 RESTRICTIVE RESALE AND REVERSION CONDITIONS FOR NON-

COMPLIANCE TO ERECT IMPROVEMENTS

21.9.1 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:

21.9.2 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 21.9.5

21.9.3 Where the PURCHASER does not materially improve the PROPERTY within five

(5) years from the date of sale to the value as set out in clause 10 or within the period

granted in this clause, the PURCHASER hereby provides the SELLER with an

irrevocable Power of Attorney to effect repossession of the PROPERTY.

21.9.4 The repossession referred to in subclause 21.9.3, 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:

21.9.5 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:

21.9.6 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:


two witnesses

47

21.9.7 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 of 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.

21.9.8 The irrevocable Power of Attorney referred to in subclause 21.9.3, 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.

21.9.9 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.

21.9.10 The PURCHASER undertakes to effect at its own cost the registration of the

conditions contained in clauses 21.9.1 to 21.9.10 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.

21.10 SPECIAL CONDITIONS PERTAINING TO THE ERVEN

A PURCHASER of the Erven should take note of the conditions of Council

Resolutions 430/11/97 and 348/09/98, which provides as follows:

21.10.1 The special minimum building value clause set out in clauses 21.2. above, referring to

clause 39 of the Town Planning Scheme with regard to minimum building value, shall

apply.

21.10.2 Save with the consent of the Council no fencing material erected on any street

boundary may consist of wire mesh or any similar product.

21.10.3 Prefabricated coloured iron (galvanised iron) roof sheets that meet the requirements

of the Strategic Executive: Urban Planning and Property Management.

21.10.4 Corrugated and other asbestos products provided that they are coloured to the

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

21.10.5 Roof tiles that have been factory coloured except concrete and asbestos tiles which

have been painted in accordance with the manufacturers specifications if so desired.

21.10.6 Thatch.

21.10.7 Slate.

21.10.8 'Cor-ten’ (copper 10 %) galvanised roof sheets.


two witnesses

48

21.10.9 Any other roof covering provided it is not reflective or shiny.

21.10.10 The roof colour scheme and design must harmonise with the environment.

21.10.11 No earthworks resulting in the alteration of the natural topography of any erf may

be initiated for any purpose without an approved building plan for the works.

21.10.12 No plan shall be approved unless it can be shown to complement and enhance the

natural and built environment.

21.10.13 Every erf owner shall endeavour to preserve indigenous trees or other flora existing

on the property and to plant suitable indigenous or drought resistant vegetation

21.10.14 That the height restrictions as determined by the Ministry of Works,

Communication and Transport as reflected on Plan P/3654/A in favour of Eros

Airport be adhered to.

21.10.15 Every erf owner shall endeavour to preserve indigenous trees or other flora existing on

the property and to plant suitable indigenous or drought resistant vegetation.

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.


two witnesses

49

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.

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.


two witnesses

50

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 259/09/2003, 203/06/2007,

333/10/2008, 396/11/2008, 327/09/2009,

365/11/2011)

THUS DONE AND SIGNED AT WINDHOEK this ………………. .................. day of

…………………………… 20…... on behalf of the PURCHASER in the presence of the

undersigned witnesses: -

WITNESSES:

1 ___________________ ____________________________ 57

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)

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

57 To be fully signed by the Tenderer and two witnesses in black pen


two witnesses

ANNEXURE “I”

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.

Any erf zoned "residential" or "general residential" in the following townships shall

have a minimum building value equal to 4 times the municipal valuation of the land

comprising that erf:

(a) Kleine Kuppe (Proper)”

The minimum building value, excluding the outbuildings, of Erven in

Cimbebasia, Cimbebasia Extension 1 & 2, Dorado Park Extension 1, Phase 2

and Rocky Crest Extension 1, 2 and 3, shall be twice the municipal valuation,

excluding the outbuildings, and a residential density zoning of one.

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


two witnesses

52

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.

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.


two witnesses

53

(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.

(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


two witnesses

54

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.”


two witnesses

55

ANNEXURE “II”

SPECIFIC ERF CONDITIONS - Tender PLA 03/2015

No Erf no

Size (m²)

Density Zoning No of units

Street Name Stormwater

1 698 4635 250 GENERAL

RES 18 Kapelwa Kabajani

Water and sewer available. Electricity available. Sewer line 1m outside erf boundary on the western side of the erf. No access problem. No stormwater concern, point 1 of clause 35 of the Town Planning

Scheme applicable.

2 718 8812 250 GENERAL


Water and sewer available. Electricity available. Sewer line 1m outside erf boundary on the western and eastern side of the erf. No access problem. No

stormwater concern, point 1 of clause 35 of the Town Planning Scheme applicable.

3 719 7765 250 GENERAL


Water and sewer available. Electricity available. Sewer line 1m outside erf boundary on the eastern

side of the erf. Access may not be obtained 15m from the intersection. No stormwater concern, point 1 of

clause 35 of the Town Planning Scheme applicable.

4 720 7883 150 GENERAL

RES 52

Kahimemua Nguvauva

Water and sewer available. Electricity available. Sewer line 1m outside erf boundary on the western side of the erf. Access may not be taken over the

stormwater catchpit. No stormwater concern, point 1 of clause 35 of the Town Planning Scheme applicable.

5 721 7778 150 GENERAL

RES 51

Kahimemua Nguvauva



6 722 6815 150 GENERAL

RES 45

Kahimemua Nguvauva



7 723 6899 150 GENERAL

RES 45

Kahimemua Nguvauva



8 724 8261 150 GENERAL RES

55 Kahimemua Nguvauva

Water and sewer available. Electricity available. Sewer line 1m outside erf boundary on the western side of the erf. Access may not be taken over the stormwater catchpit. No stormwater concern, point 1 of clause 35 of the Town Planning Scheme applicable.

9 725 8579 150 GENERAL RES


Water and sewer available. Electricity available. No access problem. No stormwater concern, point 1 of clause 35 of the Town Planning Scheme applicable.

10 729 15906 250 GENERAL RES


Water and sewer available. Electricity available. Sewer line 1m around the perimeter of the erf with several MH connections. Access may not be obtained 15m from the intersection. No stormwater concern, point 1 of clause 35 of the Town Planning Scheme applicable.

11 1010 4373 250 GENERAL RES

17 Frederick Matongo

Water and sewer available. Electricity available. Sewer line 1m around the perimeter of the erf with several MH connections. Access may not be taken over the stormwater catchpit. No stormwater concern, point 1 of clause 35 of the Town Planning Scheme applicable.


two witnesses

56

12 694 1576 0.5 BUSINESS 0.03 Markus Kooper

Water and sewer available. Electricity available. Sewer line and MH in the erf, 3m servitute to be registered across existing line. Sidewalk level may not be changed for access purposes. There is provision made for public parking on Markus Kooper Street which must be incorporated in any planning of business developments, to the satisfaction of the SE: Urban Planning & Property Management. No stormwater concern, point 1 of clause 35 of the Town

Planning Scheme applicable. (Reserved for Health Facility: "Academia Extension 1_Council Resolution_365/11/2011")

13 696 701 0.5 OFFICE 0.04 Kahimemua Nguvauva

Water and sewer available. Electricity available. No access problems. No stormwater concern, point 1 of clause 35 of the Town Planning Scheme applicable.


two witnesses

57

ANNEXURE “III”

Reservation for Block erven

Mr/Ms: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

WINDHOEK NAMIBIA

Dear Sir/Madam

ALLOCATION RESIDENTIAL BLOCK ERF FOR SECTIONAL TITLE

DEVELOPMENT:

ERF NO . . . . EXTENSION. . . . EXTENT . . . . . . . .m²

Date of Allocation: .........................................................................................................................................

Date of Expiry Sectional Title………………………[in total 60 days from date of allocation]

It is hereby confirmed that, subject to the conditions of allocation, the above mentioned erf has

been allocated to ..............................................................................................................................................

Mr/Ms/Messrs

(Full Names)

I.D. /Registration number ................................................................................................................................

Citizenship . . . . . . . . . . . . . . . . Tel: . . . . . . . . . . . . Fax ..................................................................................

Part 1: Allocation for purposes of Sectional Title Development

1.1 30 DAY ALLOCATION

The prospective purchaser hereby undertakes to inform the Strategic Executive,

Planning, Urbanization and Environment within 30 days of the date of allocation, to wit

before . . . . . . . . . . . . . . . . . . . . if sectional title development or subdivision of the land is

to be undertaken - failing whereafter the above mentioned allocation would be cancelled

without any further notice and Council would be entitled to alienate the above

mentioned property to a third party without further reference to yourself.

*** Note: To be completed within 30 days from date of allocation

1.2 30 DAY EXTENSION FOR SECTIONAL TITLE DEVELOPMENT TO

SUBMIT BANK GUARANTEE

The said allocation would expire on . . . . . . . . . . . . . . . . . ., whereafter the above

mentioned allocation would be cancelled without any further notice and Council

would be entitled to alienate the above mentioned property to a third party without

further reference to yourself.

2. This allocation shall NOT constitute a Deed of Sale, but entitles:


two witnesses

58

2.1 The holder to proceed with the implementation of the development procedures. as set out

in Part 1.

2.2 The holder to approach, during the allocation period, a Bank or Financial Institution, or

the NHE for approval of a housing/building loans or financing, subject to the conditions

of the said Bank, Financial Institution, or NHE.

3. The allocation is non-transferable and only entitles the holder thereof to the allocation of

the property concerned. This right may not be ceded nor shall it entitle the holder to

resell or offer the property concerned for sale, lease or alienation to a third party.

4. The allocation does not entitle the holder thereof to take occupation of the property,

start excavations or market a building project nor is ownership of the property

transferred to the holder thereof. Occupation may not take place unless the DEED OF

SALE has been finalised, the full purchase price has been paid or arrangements for the

payment of the purchase price have been made.

5. The property is allocated "voetstoots" (as is) and the Municipality does not warrant that

the property is suitable for the purpose which it is bought. It is expressly stated that no

compensation will be payable for patent or latent defects and no deduction of the

purchase price would be considered or effected to cover the same.

6. The holder of the allocation undertakes to submit before . . . . . . . . . . . . . . . . . to the

Municipality proof that he/she has submitted his/her application to a Bank, Financial

Institution, or the NHE and further undertakes to submit before the . . . . . . . . . . . . . . . .,

proof that the application for a housing/building loan has been approved or rejected.

7. In the event of the housing/building loan application being approved the holder

undertakes before the expiry date in paragraph 8 to sign the necessary Deed of Sale to

finalise the sale.

8. The procedures to be implemented in terms of Parts 1 and all matters related thereto

shall be for the account of the holder of this allocation.

9. Should the prospective purchaser at the expiry dates, or interim allocation periods

default in submission of the applicable information, subdivision certificates, approved

Erf diagrams or General Plans or fail to keep the Council abreast with developments or

delays experienced and should the Municipality in that event cancel the allocation

without any further notice, the Municipality shall be entitled to alienate the above

mentioned property to a third party, and the holder hereof shall not be entitled to any

compensation or to submit a claim against the Municipality, for damages, professional or

consultancy fees or expenses which may have occurred at any stage during the

implementation procedures set out in Parts 1.

10. The holder hereby acknowledges in favour of the Municipality that he/she knows and

understands the conditions of allocation and undertakes to act accordingly.

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

STRATEGIC EXECUTIVE : HOLDER

URBAN PLANNING AND PROPERTY MANAGEMENT


two witnesses

59

ANNEXURE “III”

Strategic Executive: Urban Planning and Property Management 59

80 Independence Avenue

WINDHOEK, NAMIBIA

TENDER PLA 02/2015 – FINANCIAL CONTROL/ CREDIT WORTHINESS CERTIFICATE

SURNAME OR COMPANY NAME:....................................................................................................

FULL NAMES: .......................................................................................................................................

NAMIBIAN ID……………………………/PASSPORT NO: ..............................................................

COMPANY REGISTRATION NUMBER:…………………………………………………………...

ERF NUMBER: ………………… TOWNSHIP:………………………………………….……….

ADD ERF NUMBER:…………….. TOWNSHIP:………………………………………….……….

POSTAL ADDRESS: .............................................................................................................................

PHYSICAL RESIDENTIAL OR BUSINESS ADDRESS: .................................................................

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

TELEPHONE (B): ....................................................... (H) ................................................................

MOBILE NO….……………………………………………………………………………………….

SOURCE OF FUNDS i.t.o Section26 and 33 of the Financial Intelligence Act, Act 13 of 2012:

……………………………………………………………………………………………………………

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

……………………………………………………………………………………………………

Finance Department Credit Check

A. Services Accounts, Rates Accounts or Lease Accounts (MS)

Comments:……………………………………

Acc nr: N$ Acc nr N$

Signature of Accountant Date

B. Land Sales

Erf number and Township:……………………Amount N$:……………………………

Erf number and Township:……………………Amount N$:……………………………

Current instalments with the City:

Yes/NoAccountant:…………………….…Signature:……………………Date…...……………