Post on 27-Aug-2018
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: uik@windhoekcc.org.na; jov@windhoekcc.org.na
ENQUIRIES
PROCUREMENT:
Ms. Cloete and Ms. R Gaeses
Tel: +264 - (0)61 – 2902358/2902608 and Fax: 290 2060
E-mail: wcm@windhoekcc.org.na, gae@windhoekcc.org.na
Ms. Uripi Kahorongo
Cel: 0811223797, E-mail: uripi.kk@fineandcountry.com
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
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
Tenderers should note: The tenderer plus two witnesses must initial each page in right hand corner
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
Tenderers should note: The tenderer plus two witnesses must initial each page in right hand corner
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
Tenderers should note: The tenderer plus two witnesses must initial each page in right hand corner
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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$ ........................................................... ( .......................................................................
.................................................................................. ......................................................................... )
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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)
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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]
Tenderers should note: Initial each page in right hand corner with a black pen plus
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,
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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).
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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: alu@windhoekcc.org.na
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).
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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).
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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:
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.”
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
RES 35 Kapelwa Kabajani
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
RES 31 Kapelwa Kabajani
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
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.
6 722 6815 150 GENERAL
RES 45
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.
7 723 6899 150 GENERAL
RES 45
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.
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
57 Kahimemua Nguvauva
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
63 Kahimemua Nguvauva
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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.
Tenderers should note: Initial each page in right hand corner with a black pen plus
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:
Tenderers should note: Initial each page in right hand corner with a black pen plus
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
Tenderers should note: Initial each page in right hand corner with a black pen plus
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…...……………