ARTICULARS OF TENDERER

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

with a black pen.

TO ENHANCE THE QUALITY OF LIFE OF ALL OUR PEOPLE

Tel.: 09264-61-290 2547 Fax: 09264-61-290 2493

TENDER INVITATION

Sale of unimproved general residential zoned erven situated in Khomasdal and Wanaheda.

Tender PLA 02/2015

Closing Date and Time: Friday 08 May 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":____________

Instruction to the Tenderer

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

envelope, marked, “PROPERTIES - TENDER: PLA 02/2015” 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 date and time. The name and the full

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

the public at the as from 11:00 on the closing date of 08 May 2015.


with a black pen.

To enhance the quality of life of all our people

Tel.: 09264-61-290 2547 Fax: 09264-61-290 2943

SECTION A: TENDER FOR UNIMPROVED GENERAL RESIDENTIAL ZONED PROPERTIES

A. 1. TENDER INVITATION

The City of Windhoek hereby advertises the sale of six (6) ‘general residential’ zoned erven in Khomasdal

and Wanaheda. The erf sizes ranges between 1,540 m² and 64,191 m² in extent, and the upset prices between

N$332,000.00 and N$18,169,000.00.

TENDER No.: PLA 02/2015

TITLE: Tenders are hereby invited for the sale of six (6) “general residential”

zoned unimproved properties situated in Khomasdal and Wanaheda.

CLOSING DATE AND

TIME:

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

marked "PROPERTIES – TENDER: PLA 02/2015” must be

addressed and delivered, as set out hereunder, not later than 11:00 on

Friday, 08 May 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 WEDNESDAY, 22 April 2015 at

09:00 in the Council Chambers to prospective tenderers on the

requirement of the completion of the Tender Document.

TENDER DOCUMENTS:

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

available as from TUESDAY14 April 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 fee of N$500.00 (V.A.T. inclusive)

ENQUIRIES

TECHNICAL:

Mr Kenneth Uirab or Mr Russel van Rooi

Tel: +264 - (0)61 – 290 2547 or 290 3303

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

[email protected]

ENQUIRIES

PROCUREMENT:

Mr Ogone Thataone and Ms Regina Luyenu

Tel: +264 - (061) – 290 3334 or 290 3301/2; Fax: 290 3349

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

DELIVERY ADDRESS:

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

MICHAEL SCOTT STREET, CUSTOMER CARE CENTRE AT

THE ERF SALES AND ENQUIRIES, WINDHOEK

Mr E. S Shipiki,

Manager: Property Management

Strategic Executive: Urban Planning & Property Management

Notice No. 22/2015

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

mailto:[email protected]


with a black pen.

SECTION A

CITY OF WINDHOEK

FORM OF TENDER

TENDER FOR THE SALE OF GENERAL RESIDENTIAL ZONED UNIMPROVED ERVEN IN

KHOMASDAL AND WANAHEDA

A2 TENDER CONDITIONS

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

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

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

A3 TENDER DOCUMENTS

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

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

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

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

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, duly completed, initialed 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 should

peruse the footnotes given as guidelines.

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

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


with a black pen.

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

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

same time by adhering to the qualifications in terms of Section B: Part 3 and submitting

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

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

more than one property which have to meet all financial requirements.

A5.5 Tenderers tendering and wishing to make use of the Council’s reservation methodto reserve the tender

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

tenderer obtains prior to the closing date a Credit Worthiness Certificate , sample attached hereto, from

the Property Management Division, Customer Care Centre indicating and verifying Credit Worthiness

of the tenderer.

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.

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 and private township 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.

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

be clear and only in accordance with the tender requirements. If the intention of the tenderer is not

clearly defined, the tender may be disqualified.

A8 VALIDITY AND ACCEPTANCE

A8.1 Tenders shall remain valid for acceptance after date of closing of tender for a period of NINETY (90)

calender2 days.

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

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

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

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

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

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

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

2 Calender days mean days inclusive of holidays and weekends.


with a black pen.

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 of 90 calender days 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 draft Deed of Sale attached to the Conditions of Tender, which quantum

of damages shall be calculated as percentage of the purchse price offered in the event of a withdrawal

of the tender bid within the validity period or upon being called to enter into contract of sale after the

tenderer was by virtue of the Council resolution allocated the property.

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

or damages incurred.

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

A10.1 above.

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

and breaches of Contract that occurred.

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

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

A11 PREFERENCES

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

by the City of Windhoek.

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

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

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

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

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

preference, no such preference shall be considered.

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

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

claimed.

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

occurred.


with a black pen.

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 indicating the annexures attached to the tender

document. A12.2.2 That the criteria with regard to community participation will beincorporated 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 initialed and submitted

by tenderers as part of the tender.

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

Windhoek.

A14 Format of Tender

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

Forms are initialed by all parties and documents fully signed by the tenderer and two witnesses.

The Tender Form consists of different Parts, Being the Section A and Section B (Parts 1 to 5) and

Section C Annexure “A”. Kindly ensure that all supporting documents or certificates have been

attached.

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

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

A14.2.1 Part 1

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

to be evaluated for price preferential treatment as set out in Section B, paragraph 3 in Part

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

A14.2.2 Part 2

Tender Form:


with a black pen.

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

by Tenderers clearly showing if tender is in the alternative or that the tenderer tenders for more

than one property.3

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

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

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

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

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

A14.2.3 Part 3

Tender Conditions and Tender Undertaking - Must be initialed and Signed by Tenderer and

two witnesses8

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

Evaluation Criteria; Points and Preferences

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

Draft Deed of Sale (to be signed and initialed, all pages to be initialed)

“Annexure “B”

Draft Development Agreement (Clause 19.8 Private Township Development) (to be

signed and initialed, all pages to be initialed)

End of Section

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

1

SECTION B

PART 1

1. PARTICULARS OF TENDERER

Name of tenderer : __________________________________________________

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

must be inserted here.)

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

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

Postal Address: ____________________________________________________

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

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

Physical Residential or Business Address: ____________________________________

Telephone No.: _______________________ Fax ______________________________

Mobile No. _____________________ E-mail _________________________________

Contact Person: ________________________________________________________

VAT Registration:_______________________________________________________

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. [Master copies of such certificates are not acceptable.], which are valid during the period of tendering. All first time purchasers must obtain verification of being an approved first time purchaser from the Council’s Property Management Division at Customer Care Centre, Rev Michael Scott Street and submit and attach certificate to tender document

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

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

Persons Equality Act 1 of 1996:

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

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

Tenderer in community of Property or which marriage is governed under the Recognition of

Certain Marriages Act 18 of 1991, for the purposes of section 7(1)(a), (b), (c), (g) and (h) and

7(2) of the Married Persons Equality Act 1 of 1996 hereby consent to the Tenderer submitting

this Tender and if successful to enter into this Agreement.

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

SPOUSE

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


two witnesses

Page 2

2 SPECIFIC PARTICULARS OF TENDERER FOR CONSIDERATION OF

PREFERENCES10

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

transfer is to be effected:11

__________________________________________________________________________

Domicilium Address (Full postal and street address of tenderer for

documentation):

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

Telephone or contact number: __________________________________________________

Financial Control/Credit Worthiness Certificate attached : Yes/No12

Financial Control/Credit Worthiness Certificate 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 Empowerment Group13

Motivate:

Female14

Persons with disabilities15

Motivate:

Note:

10 See subparagraph A11- must be completed, if preference is claimed. 11Must be completed by tenderer: failure to do so will lead to disqualification 12 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 13 Note the definition with regard to Racially disadvantaged and shareholding in company 14 Note the definition with regard to claim for female preference –if it is a company 15 Note the definition with regard to claim for persons with disabilities


two witnesses

Page 3 “Racially disadvantaged persons/ Black Empowerment Group” i.e. all persons who belong to a racial or ethnic group which was or is, directly or indirectly, disadvantaged previously as a consequence of social, economic, or educational imbalances arising out of racially discriminatory laws or practices before the Independence of Namibia and if black empowerment group the shareholding of the company must be listed under motivation to determine if the majority shareholders indeed qualify A black-owned enterprise is defined as being a business that is at least '50.1%,

owned by black persons and where there is substantial management control.' The

crucial factor is that ownership refers strictly to economic interest in the relevant

business. Black people must be eligible to receive at least 50.1% of the profits. The

term 'substantial management control' refers to membership of any board or similar

governing body of that business.

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

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 is 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


two witnesses

Page 4 Industry)

- Employment created (creating of employment opportunities)

- Previous ownership/shareholding of commercial land within the Windhoek

municipal area

- 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: ______________________________


two witnesses

Page 5

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

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

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

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

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

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

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

If yes, please provide details:

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

16 Please indicate the % capital owned by designated group 17 A detailed business plan describing the business proposal, including market analysis (size, competition etc.), marketing,

financial analysis, management etc. needs to be attached.


two witnesses

Page 6 (d) Particulars of structured training programmes/apprenticeship courses of approved

standards for labour/technical staff and managerial cadre/specialised training of

women and handicapped persons/other programmes or activities benefiting

disadvantaged Namibia citizens/assistance, sponsorship, bursaries, etc. provided to

vocational training centres. Attach documentary evidence in support:

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

………………………………………………………………………………………..

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

advancement of disadvantaged Namibian citizen; emerging Namibian

entrepreneurship, women and handicapped persons; achieving a balanced structure of

managerial cadre, etc. Attach documentary evidence in support:

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

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

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

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

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

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

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

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

would be granted permission to participate in tendering, even though unable to

produce Good Standing Certificates, but would be requested to produce such

certificates only once contracts are to be recommended to them.


two witnesses

Page 7

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

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


two witnesses

Page 8 3.3.8 Registration/trade licence number with City of Windhoek under Business

registration regulations18

Company/contractor/supplier/trader

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

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

Operational field/Objectives (if any, details)

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

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

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

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

considered]:19

(1) Table of content indicating the annexures attached to the tender document (2) Copy of registration certificate/trade license of Ministry of Trade and Industry.

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

industry.

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

communal areas/underdeveloped areas.

(5) Information regarding subcontractor/subvend or/ subsupplier.

(6) Medical certificate substantiating claim of disability

(7) Documentary proof regarding training programmes, apprenticeship courses,

affirmative action programmes or activities, or other programmes or activities

benefiting disadvantaged or handicapped Namibian citizens.

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

(9) 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.

(10) Copy of shareholding or membership certificates.

(11) Credit Worthiness Certificate obtained from the City Customer Care Centre

18 Registration Certificate must be attached. Tender will not be considered if documents are omitted. 19 Attachments must be numbered and marked - Tender will not be considered if documents are omitted.


two witnesses

Page 9

SECTION B:

PART 2

TENDER FORM

1 TENDER

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

Windhoek 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 be submitted in the alternative but that only one erf per tenderer will be

allocated. Should the space provided not be sufficient, please provide the additional

information on a separate page (in a similar format). The additional page should also

be properly initialed.

2 TENDERED PRICE: To be completed by Tenderer/s20

: Please note that tendered

price must be completed excluding VAT payable.

*TABLE A

ERF NO EXTENT m² ZONING/

DENSITY

UPSET PRICE21

N$

TENDERED

PRICE

*N$22

TENDERED

DEVELOPMENT/

RENOVATION23

*N$

Private Township Development (Subdivision into more than eleven erven) or large scale sectional title

development. Development Agreement to be signed.

1448 KDL 48,567m²

General

residential

with

density of

1:150

N$16,172,811.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property: 1.

2.

3. 4.

Alternative

Property: 1.

2.

3. 4.

Comments

RE/1470KDL 64,191m²

General

residential

with

density of

1:350

N$18,169,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property: 1.

2.

3. 4.

Alternative

Property: 1.

2.

3. 4.

Comments

20 This part must be correctly completed otherwise tender would be disregarded 21 Note subparagraph 3.1.2 of Part 3. See subparagraph 3.1 of Part 2 22 Fill in ground price tendered. Note disqualification warning if failure to complete 23 Fill in full development/renovations intended see subparagraph 5.1 of Part 2


two witnesses

Page 10

ERF NO EXTENT m² ZONING/

DENSITY

UPSET PRICE21

N$

TENDERED

PRICE

*N$22

TENDERED

DEVELOPMENT/

RENOVATION23

*N$

Subdivision into single Residential or Sectional Title Development

1503 KDL 5,147m²

General

residential

with

density of

1:250

N$2,886,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1. 2.

3.

4.

Alternative

Property:

1. 2.

3.

4.

Comments

RE/1091 KDL 3,169m²

General

residential

with

density of

1:300

N$2,041,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1. 2.

3.

4.

Alternative

Property:

1. 2.

3.

4.

Comments

4827 KDL 1,540m²

General

residential

with

density of

1:150

N$1,200,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property:

1. 2.

3.

4.

Alternative

Property:

1. 2.

3.

4.

Comments

456 WAN 1,659 m²

General

residential

with

density of

1:250

N$332,000.00 N$ N$

Alternative

Property:

1.

2.

3.

4.

Alternative

Property: 1.

2.

3. 4.

Alternative

Property: 1.

2.

3. 4.

Comments

[Note Abbreviation: Khomasdal is KDL and Wanaheda is WAN]

(Hereinafter referred to as the "PROPERTY")


two witnesses

Page 11

3 TENDERED PAYMENT METHOD24

(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 Cash25

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

26OR

27

*3.1.2. Bank Guarantee28

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.

OR29

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

date of sale of the PROPERTY to payment thereof, which shall be payable on 24 Delete the method of payment not applicable 25 Delete the method of payment not applicable. Note disqualification warning if failure to elect method of payment. 26 Delete method of payment not applicable-failure to do so may lead to a disqualification 27 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. 28 Delete the method of payment not applicable 29 Delete the method of payment not applicable.


two witnesses

Page 12

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 %


OR30


(Township or Infrastructural Development)

In the event of Township Development or Infrastructural development as

part of condition precedent, the following will apply:

A non-refundable deposit of 5 % of the accepted tender amount being

N$.........................................................is payable within five (5) working

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





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







*** 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 , 3.1.3 or 3.1.4. is to be agreed upon and the alternative which is not

applicable, is to be struck out and the striking out is to be initialed by the Tenderer.

4 CONDITIONS PRECEDENT

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

guarantee or service account amount, as set out below under “Payments” in clause

4.4 is not made or submitted timeously, this Tender will not commence but will be

null and void.

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

attached Deed, occupation shall not be given prior to the fulfillment of the applicable

condition.

30 Delete the method of payment not applicable.


two witnesses

Page 13 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

clause 3 of Part 2. Such extension of time shall be granted ones only and provided

that proof of submission of building plans and/or proof of application for financing is

submitted for consideration.

4.4 Payments:

4.4.1 Payment as per sub clause 3.1.1 plus the amount in clause 4.4.3; or

4.4.2 Provision of a Bank or Financial Institution Guarantee as per subclauses 3.1.2, 3.1.3 or 3.1.4 of this part 2 within thirty (30) days after having been requested to do so plus the amounts in clause 4.4.3

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

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

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

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

.................................................................................. Namibia Dollars) is payable against

the signing of the Deed of Sale which will be credited towards the rates and service

account of the successful Tenderer.

4.5 Condition Precedent Applicable to Purchaser

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

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

the PROPERTY by the submission of a financial institution undertaking for funding or

proof of financial means to pay the purchase priceof 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. If the tenderer is submitted by a legal entity, the credit rating will

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

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

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

defaulting legal entities.

4.6 Failure to elect Method of Payment

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

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

and initialed, the Tender shall be disqualified.


two witnesses

Page 14 4.7 Financial Proof of Soundness/Financial Undertaking/Guarantee (MUST BE

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

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

standing/capability of my/our approved financial institution indicating that I/we

can afford the tender obligations.

4.8 Good Standing In Terms Of the Social Security Commission

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

terms of the Social Security Commission Act. Master copies of such certificates are

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

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

produce Good Standing Certificates, but be requested to produce such certificates

only once contracts are to be recommended to them.

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

if previous default and breaches of Contract with the Council occurred.

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

condition in respect of a previous sales or tender or auction conditions in respect of a

property directly acquired from the Council.

5 TENDERED DEVELOPMENT: DEVELOPMENT COSTS AND COMPLETION

DATE31

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

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

where a detail business proposition is furnished)

…………………………………….………………………………………………………

…………………………………………………………………………………………….

………………………………………………………………………………………….…

and

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

……….20…… 32

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


two witnesses

Page 15 * 5.3 Spend the following capital

33

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.

33 Must be completed by tenderer, if omitted tender may not be considered.


two witnesses

Page 16

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 Tender Documents, Tender Agreement, the site

conditions, access thereto, local laws and requirements, documents required and

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

consideration and submission of their Tender.

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

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

and all Annexures must be initialed 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

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 priorities of the tenderer should clearly be indicated in the tender submitted

and Table A may be used for this purpose.

1.8 In evaluating Paragraph 5 of Part 2, 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 “A” and “B” “C” “D”

and “E” (Tender Agreement hereinafter referred to as the Deed of Sale or

Development Agreement for Private Township development) will form an

integral part of this sale together with any other documents drawings, plans,,

which may accompany the same.


two witnesses

Page 17

1.10 Good Standing In Terms Of The Social Security Commission

All tendering companies are compelled to provide certificates of good

standing in terms of the Social Security Commission Act for its full staff

complement. Master copies of such certificates are not acceptable. Emerging

SMMEs not yet registered with the Social Security Commission be granted

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

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

contracts are to be recommended to them. The Certificate of Good Standing has

to be valid for the tender period and be for all registered employees of the

tenderer.

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

intervene in or attempt to influence the evaluation or awarding of the tender, whether

directly or indirectly, or the obtaining or an attempt to obtain confidential information

belonging to the City in respect of the tender, or any party purporting to represent the

tenderer (even though not employed or being a director or shareholder) in doing so will

result in disqualification of the tenderer/s concerned.

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

comprehensive signing or initialling of tender documents, provision of proof

of financial ability, provision of details and sketch plans (if required) of the

proposed development/renovations or alteration and other improvements will

result in disqualification of the tenderer/s concerned34

. Prospective

tenderers are free to visit the offices of the Property Management

Division, Third Floor Municipal, Head Office Windhoek or Katutura

Customer Care Centre for assistance and guidance before completion of

the documents.

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

Windhoek for any municipal rental; loan, rates or services accounts shall

result in disqualification of the tenderer/s concerned as a credit clearance

certificate from the Department of Finance of the City has to be obtained

for consideration as a tenderer.

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

condition in respect of a previous sales or tender or auction conditions in respect of a

property directly acquired from the Council.

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


two witnesses

Page 18

3 INFORMATION AND DOCUMENTS TO ACCOMPANY TENDER35

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

complete the following information on the tender documents:-

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

Criteria for Preference Criteria claimed.

3.1.2 The purchase consideration tendered for the Erf/Erven as stated in Section B:

Part 2. [Tenderers should note that the City of Windhoek fixed the upset prices

for the Erven and lower purchase considerations tendered would not be

considered. The said upset price is reflected in Section B: Part 2 Table A.]

3.1.3 The method of payment, which the tenderer/s will use, for payment of the

Erf/Erven in terms of the Deed of Sale, should the tender be allocated.

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

subdivision or sectional title development is intended for residential block erven.

3.1.5 Description and brief details of the proposed development/renovation or

alteration.

3.1.6 The completion date of proposed development/renovation or alteration.

3.1.7 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 tender36

:

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 finance the acquisition and

development if the tenderer should be the successful tenderer or alternatively that the

tenderer has funds available to enable it to carry out the responsibilities under the

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

should be clearly indicated in such letter.

35 This condition is material to the tender being considered or not 36 This condition is material to the tender being considered or not


two witnesses

Page 19

3.2.3 Tenderers must submit statement letter from a financial institution indicating

the financial institution’s intend to provide financing with the tender which

information will be handled with due confidentiality.

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

obtain the written approval of their spouse as indicated in subparagraph 6 of

Part 2 and submit the same together with their tender

3.2.5 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 of their company, closed corporation registration documentation with the

Ministry of Trade and Industry.

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 and due

date of the Tender together with the name and address of the Tenderer.

4.2 The tender shall close at 11:00 on FRIDAY, 08 May 2015. No tender which

have not been delivered to the Manager of Property Management at the

Customer Care Centre, PO Box 59, Windhoek or deposited in the tender in the

tender box, AT REV MICHAEL SCOTT STREET, CUSTOMER CARE

CENTRE, by 11:00 on FRIDAY 08 May 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, to sign the Deed of Sale and to return same within

FOURTEEN (14) days after receipt thereof to the Manager: Property Management,

Box 59, Windhoek or personally at the Municipal Offices, Windhoek. Failing to

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

5 ALLOCATION OF TENDER

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

reserves the right to refuse to accept any or all tenders without submitting reasons

therefor.

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

to negotiate privately, should it be advisable in the City of Windhoek's opinion after

considering the response to this tender.

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

highest tenderer, but for first entrants and SMME’s and the best proposals from

which the Tender Criteria attached. Section B, Part 1 and Part 4 will be used in

evaluation of Tender Proposals.


two witnesses

Page 20 5.4 It is an expressed and non-negotiable condition of this tender that the City of Windhoek,

its councillors, employees, contractors, consultants or any other party whomsoever does

not give or imply any warranties with regard to any aspect of this tender, nor that any

representations or statements made by one or more of the parties identified above, shall

be of any force or effect.

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

the Tender and clauses 14 and 21 of the Deed of Sale pertaining to the sale of the

property “as is” and the special conditions applicable. The Tenderer herewith explicitly

agrees in favour of the City of Windhoek that it acquainted itself of the special

conditions and that it noted that no compensation will be payable for patent or latent

defects and no reduction of the purchase price will be considered or effected to

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

after discovery of the same.

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

6 LEGAL SYSTEM APPLICABLE

6.1 The legal system applicable to this tender and any agreements arising therefrom

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

therefore be that of Namibia.

6.2 In the case of reference to any legislation in this tender or any documents

accompanying same, such reference shall also include the reference to any

possible amendment thereto or legislation coming into the place of the existing

legislation.

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

submitted with the tender or which are referred to in the tender documents.

7 ERECTION AND USE OF BUILDINGS AND USE OF LAND

7.1 A Prospective Purchaser should note:

7.1.1 That for purposes of this Tender and Development Agreement “Private Township

Development” means the subdivision of land into more than 11 erven and for which

the Namibia Planning Advisor Board (NAMPAB) must approve the need and

desirability.

7.1.2 That in event of the project being evaluated as a “Private Township Development”

project, the Draft Development Agreement is applicable and the minimum erf size of

300m² shall apply.


two witnesses

Page 21 7.1.3 That it be noted that the following erven have been earmarked for Private Township

Development:

1448 KDL 48,567m² ‘General Residential with density of

1:150’

RE/1470 KDL 64,191m² ‘General residential with density of

1:250

7.1.4 That Erf 1448 Khomasdal is zoned residential with a density of 1:150.

PURCHASERS should indicate whether sectional title is contemplated.

7.1.5 That Erf R/1470 Khomasdal is zoned “residential” with a density of 1:350. PURCHASERS should indicate whether sectional title is contemplated.

7.1.6 That Erf 1503 Khomasdal is zoned “Residential” with a density of 1:250m².

PURCHASERS should indicate whether sectional title is contemplated. 7.1.7 That Erf R/1091 Khomasdal is zoned ‘General residential’ with a density of

1:300m². PURCHASERS should indicate whether sectional title is contemplated.

7.1.8 That Erf 4827 Khomasdal is zoned ‘General residential’ with a density of 1:150. PURCHASERS should indicate whether sectional title is contemplated.

7.1.9 That Erf 456 Wanaheda, is zoned ‘residential’ with a density of 1:250.

PURCHASERS should indicate whether sectional title is contemplated.

7.1.10 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.

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/renovation or

alteration 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.


two witnesses

Page 22

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

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: Urban Planning and Property Management.

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 or in

respect of electricity, the right of access and use without compensation of the

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

of municipal services in respect of water, sewerage, drainage, electricity and

gas, which right includes the right to place on such erf temporarily any

materials that may be excavated or used during such operations on the erf or

any adjacent erf.

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

Executive: Urban Planning and Property Management on the account of the

successful tenderer.

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

stipulated in clause 21 of the Deed of Sale.


two witnesses

Page 23

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 within a

time specified in the contract or, if no time is specified, within a reasonable period of

time after incorporation.


two witnesses

Page 24

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.

UNDERTAKING

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

amend it within 180 Days of the closing date of this tender and that my/our tender may

be accepted at any time within the aforesaid period of NINETY (90) CALENDER days.

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

the terms and conditions of this tender at the choice of the City of Windhoek and to sign

same as early as possible after requested thereto and to return the signed documents to

the Manager: Property Management, P O Box 59, Windhoek within FOURTEEN (14)

days after such request.

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

Deed of Sale and cancel the Agreement claiming damages in accordance with the

Tender Regulations of this City of Windhoek and/or the Deed of Sale.

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

annexures and documents submitted therewith) together with a copy of the written

acceptance thereof by the City of Windhoek, shall constitute a binding agreement

between us.

__________________________ _________________________

SIGNATURE OF WITNESS SIGNATURE OF TENDERER38

_______________________________

SIGNATURE OF WITNESS

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

NOTES:

(a) The tenderer and witnesses 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.

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

The signing of the tender is material.


two witnesses

Page 25

(c) Failure to comply with the requirements of (a) and (b) above may result that the

tender will not be considered.

(d) The closing date and time for Tender PLA 02/2015 is 11:00 on 08 May 2015 and is

more fully set out in the Tender Notice and Tender Advertisement.


two witnesses

Page 26

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 groups39

19

- Racially disadvantaged persons 12

- Women 4

- Persons with disabilities 3

Criteria 2: Economic empowerment40

16

- Emerging entrepreneurs 4

- SMME’s 4

- Community participation 4

- Employment created 4

Criteria 3: Namibian citizens 15

Criteria 4: Development proposal41

10

Criteria 5: Tender price42

50

Tenderer Professional Team:43

20

Tenderer Experience in Sectional Title/Private Township Development44

20 -------------------------------------------------------------------------------------------------------------

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

39 See Section B Part 1, Clause 3.2 40 See Section B, Part 1, Clause 3.3 41 As tendered in Section B, Part 2, clause 2, Table A read with clause 5 42 As tendered in Section B, Part 2, clause 2, Table A read with clause 3 43 See Section B part 1 Clause 3.3.5 (c) 44 See Section B part 1 Clause 3.3.5 (b)


two witnesses

Page 27 - 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

- 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/ Development Agreement/Annexures

initialed 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

- 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? Tender

Section B, Part 1


two witnesses

Page 28

SECTION C

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

DEED OF SALE

MEMORANDUM OF AGREEMENT ENTERED INTO BY AND BETWEEN

COUNCIL OF THE MUNICIPALITY OF WINDHOEK

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

acting on behalf of the Chief Executive Officer in terms of section 27 (5) of Act 23 of 1992

and KENNETH UIRAB as Section Head: Property Sales and Acquisitions acting on behalf

of the Chairperson of the Management Committee in terms of section 31A(a) of the Local

Authorities Act 23 of 1992

(Hereinafter referred to as the "SELLER")

AND

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

(Full names and Surname/Name of company)

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

Marital Status: Married/Unmarried

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

Certain Marriages Act 18 of 1991

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

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

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

marriage is governed by the law of any country other than Namibia)

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

Date of Marriage

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

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

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

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

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

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

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

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

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

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

hereto and initialed for purpose of identification.

(hereinafter referred to as the “PURCHASER”)

[* Delete and initial if not applicable]


two witnesses

Page 29

1.

DESCRIPTION OF PROPERTY

The SELLER hereby sells to the PURCHASER who hereby purchases certain immovable

Property known as

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

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

SITUATE in the municipality of Windhoek, Khomas Region, Registration

Division K;

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

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

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

(hereinafter referred to as the "PROPERTY").

2.

PURCHASE PRICE AND METHOD OF PAYMENT

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

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

………………………………………………………. Namibia Dollars

and……….……..Cents) not including the payment of 15% VAT (Value Added tax).

* 2.2 Three payment options are available:

2.2.1 Cash

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

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

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

................................................... Namibia Dollars) 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.


two witnesses

Page 30

Payment to the City of Windhoek shall be made by direct deposit to the

following account:

Account name: Windhoek Municipality

Bank Name: First National Bank

Account Number: 62012146115

Branch Name: Windhoek Corporate Suite

Branch Code: 281872

Reference: Erf number

* 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, 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.


two witnesses

Page 31

OR


(Township or Infrastructural Development)

In the event of Township Development or Infrastructural development as

part of condition precedent, the following will apply:

A non-refundable deposit of 5 % of the accepted tender amount being

N$.........................................................is payable within five (5) working

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





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







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 2.2.4 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 2.2.4 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 monthly installment reflected in clause 2.2.4 will be adjusted accordingly.


two witnesses

Page 32 The PURCHASER hereby agrees in favour of the SELLER that rendering of an account by the SELLER reflecting the new interest rate will be sufficient notice of such increase or decrease. The PURCHASER hereby further agrees in favour of the SELLER that a certificate certified by the Strategic Executive: Finance of the SELLER will be prima facie proof of the correctness of such increase or decrease.

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

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

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

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

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

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

2.4.4 Payments

2.4.4.1 Payment as per clause 2.2.1 or 2.2.4 plus the amount in clause 2.4.4.3; or

2.4.4.2 Provision of a Bank or Building Society Guarantee as per clause 2.2.2 within sixty

(60) days after having been requested to do so plus the amount in clause 2.4.4.3

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

elected, under either of clauses 2.2.1, 2.2.2,2.2.3 or 2.2.4)

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:

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

previous defaulting erf sales record with the SELLER;

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

of a previous sales or tender or auction condition in respect of a property directly

acquired from the SELLER; and


two witnesses

Page 33 2.5.3 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 2.2.4

undertakes:

2.5.3.1 against signing the Deed of Sale; or

2.5.3.2 within five (5) working days from the acceptance of the allocation,

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 of 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 interest at the rate of fifteen per cent

(15 %) per annum thereon, but subject to clause 2.3.2, calculated from date of sale to date of

payment.

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

then applicable in terms of clause 2.3.2 of this agreement.

5.

LARGER OR MORE FREQUENT PAYMENTS

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

payments than those agreed upon or to pay the total outstanding balance of the purchase price

at any time.

6.

BANK CHARGES, PLACES AND ALLOCATION OF PAYMENT

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

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

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

VAT (where applicable), or any other tax or levy which may become payable to the

Government, the Khomas Regional Council or a electricity distribution company to be

established... The PURCHASER shall not be entitled to withhold, defer, set-off, or make any

deduction due to the SELLER, whether or not the SELLER is indebted to the PURCHASER or

in breach of any obligation to the PURCHASER.


two witnesses

Page 34

7.

DATE OF SALE AND OCCUPATION

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

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

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

all risks in respect thereof and shall be entitled to all rents and profits accruing there

from.

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

taxes due in respect of the PROPERTY, whether these are due to the Government, the

Regional Council, regional electricity company, the City of Windhoek or whomsoever

and regardless of whether such moneys are payable pursuant or according to

legislation or resolution of the instance to which it is payable.

8.

RATES AND TRANSFER DUTY

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

able in respect of the PROPERTY from date of sale.

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

of sale until the PROPERTY has been entered in the provisional valuation roll of

properties in the municipal area of Windhoek, to pay to the SELLER an amount or

amounts equal to the assessment rates which would have been levied on the PROPERTY

if its purchase price had been so entered in the aforementioned provisional valuation roll

from date of sale.

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

calculated proportionately as from the date of sale to the end of the year, half-year,

quarter or month in respect of which assessment rates are normally levied.

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

valuation of the Property for the time being. Should the official main or interim

valuation reflected in the next main or interim Valuation Roll be less or more than the

provisional valuation, the SELLER shall refund or the PURCHASER shall pay in the

difference between the rates calculated on the provisional valuation and the rates

calculated on the main Valuation Roll as the case may be.

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

terms of the Transfer Duty Act 14 of 1993. Such transfer duty is payable within 6

(six) months from date of sale by the PURCHASER to the Permanent Secretary of the

Ministry of Finance. The purchaser should note that section 4 of Act 14 of 1993

provide for heavy penalties in the case of late payment.


two witnesses

Page 35

9.

SANITATION, WATER AND ELECTRICITY

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

be liable for payment of the basic tariffs for sanitation services, water, electricity and refuse

services available to the PROPERTY. The SELLER can, however, give no guarantee on the time

of availability of telecommunication or electricity services to the PROPERTY. The

PURCHASER should note that electricity provision to the PROPERTY may be taken over by

the electricity distribution company to be established in which event the provision of electricity

must be arranged with such company.

10.

IMPROVEMENTS

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

before …….……..………….. to the value of N$ ……………………..

(…………………………………………………………………………………………

……………………………….…..……………………………… Namibian Dollar)

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

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

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

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

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

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


two witnesses

Page 36 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.

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.


two witnesses

Page 37 12.

CANCELLATION

Should the PURCHASER, after the SELLER granted extension of time in terms of clause 2.4.3,

fail on due date submit the necessary guarantee or fail to pay the purchase price or any portion

thereof or commit any breach of any of the terms of this Agreement, the SELLER shall,

notwithstanding the condition precedent created in clause 2.4 and 2.5 above, be entitled at its

option -

12.1 after fourteen (14) calender days’ notice given personally or by registered post to

the PURCHASER of its intention to do so, to cancel the sale hereby made; and

12.2 upon the expiration of such notice the PURCHASER shall, if he/she/it had taken

possession of the PROPERTY, immediately vacate the PROPERTY and give the

SELLER peaceful and legal possession thereof, and the SELLER shall be entitled to

forthwith, and without reference to the PURCHASER, alienate the PROPERTY to a

third party.

12.3 The SELLER shall furthermore be entitled to claim a penalty amount from the

PURCHASER, which may at the SELLER'S option, be:

12.3.1 to retain all or part of such sum or sums of money as the PURCHASER may have paid

under clause 2 of this Agreement or Tender conditions (where applicable), as a

consideration for the payment of the purchase price or interest on it; or

12.3.2 to claim an amount equal to 5% of the purchase price as set out in clause 2; or

12.3.3 to claim the difference between the purchase price as set out in clause 2 above 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 to claim any

other reasonable damages flowing from the non-fulfilment on the part of the

tenderer of the conditions of this tender

13.

CONDITIONS AND LIMITATIONS APPLICABLE

13.1 The PROPERTY is sold subject to the conditions of this Agreement, any servitudes

or notarial deeds which may be registered against it and all such conditions and

limitations as the State has or may impose by virtue of the provisions of the

Townships and Division of Lands Ordinance, 1963 (Ordinance 11 of 1963) or by

virtue of the provisions of the Townships Ordinance, 1928 (Ordinance 11 of 1928).

13.2 Without prejudice to the foregoing this sale shall further be subject to the conditions of

the Town Planning Scheme of Windhoek promulgated in terms of the Town Planning

Ordinance 18 of 1954 and the PROPERTY may only be used in accordance with the

said Scheme.


two witnesses

Page 38 13.3 For the purposes hereof the PURCHASER acknowledges that the PURCHASER is

aware of and understands the restrictions and conditions imposed in terms of the

aforesaid Ordinances and Scheme.

14.

WARRANTIES AND CARRYING CAPACITY

14.1 The PROPERTY is sold "as is" and the SELLER is not liable on remeasurement of the

PROPERTY for any shortfall, nor does it wish to benefit from any excess.

14.2 The SELLER does not warrant that the PROPERTY is suitable for the purpose for which

it is bought or that the extent of the PROPERTY stipulated in the diagrams, notices, sale

conditions or this agreement is in fact the extent of the PROPERTY

14.3 The PURCHASER herewith expressly acknowledges in favour of the SELLER that

no guarantee, representations or undertaking were given or made to him/her/it by or

on behalf of the SELLER in respect of any attributes of the Property, or otherwise.

14.4 Without detracting from the generality of the previous clause 14.3 the PURCHASER

hereby acknowledges in favour of the SELLER that the cost of complying with any

special condition imposed by clause 21 or failure to obtain any approval needed in

terms of clause 21 as a prerequisite for the proposed development of the Property,

even if the SELLER had opposed such application, will not entitle him/her/it to

cancel this Agreement or to claim a reduction of the purchase price nor will it entitle

the PURCHASER to claim damages from the SELLER.

14.5 The PURCHASER herewith explicitly agrees in favour of the SELLER that no

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

purchase price will be considered or effected to compensate for the same nor would

the PURCHASER be allowed to cancel this agreement after discovery of the same.

14.6 The SELLER hereby places it on record that the carrying capacity of ground in

Windhoek differs from area to area and that ground was filled in certain areas in the

past. The SELLER therefore does not guarantee in any way the carrying capacity of

the PROPERTY, and no reduction of the purchase price will be considered or

effected to compensate for such defect nor will it be a ground for the cancellation of

this Agreement by the PURCHASER.

14.7 It shall be the sole responsibility of the PURCHASER at its cost, before the

submission of building plans, to do the necessary soils tests to determine if the land

has been filled. Should it appear that the land has been filled; the PURCHASER shall

undertake at its costs a geo-technical survey to determine the foundation conditions,

which should be adhered. The PURCHASER undertakes to submit to the SELLER

together with its building plans, the results of such a geo-technical survey.


two witnesses

Page 39

15.

PROSOPIS SPP

The PURCHASER shall not plant or allow any person to plant the tree known as Prosopis Spp.

on the PROPERTY; neither shall the PURCHASER allow such tree to grow on the PROPERTY.

16.

TRANSFER

16.1 Transfer of the PROPERTY shall be given to the PURCHASER as soon as possible

after payment of the full purchase price plus interest, if payment of interest is applicable

or provision of an acceptable Bank or Building Society guarantee in respect of any

unpaid amounts.

16.2 Such transfer shall be effected by the PURCHASER, after instructions to the SELLER’s

attorneys, without undue delay after full payment of the purchase price (and interest if

applicable) and within a reasonable period after the PURCHASER obtained and

submitted a clearance certificate to the SELLER’s attorney and the PURCHASER had

complied with all conditions of this agreement to effect such transfer.

16.3 The PURCHASER shall pay the necessary costs referred to in clause 17 on demand and

sign the necessary documents within thirty (30) days after requested to do so by the

SELLER or its agent. Without limiting the rights of the SELLER in respect of other

provisions hereof, the SELLER may apply clause 12 of this Agreement should the

PURCHASER fail to comply with such request or demand or fail to take transfer within

a reasonable period or fail to obtain a clearance certificate.

17.

COSTS

All costs and charges of and incidental to the transfer (including transfer and stamp duties) and

all costs and charges arising from this Deed of Sale, registration of servitudes or Imposition of

Notarial Conditions and any other legal expenses in connection therewith, shall be borne by the

PURCHASER and is payable on demand.

18.

DOCUMENTS

All documents, deeds and legal work necessary in connection with the sale hereby made and the

transfer of the PROPERTY to the PURCHASER shall be drawn and effected by the SELLER'S

attorneys.


two witnesses

Page 40

19.

DOMICILIUM

19.1 For the purpose of this Agreement and for any notices which may require to be

delivered to or served on the PURCHASER hereunder, the PURCHASER chooses

domicilium citandi et executandi at:

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

PO BOX/Private Bag ....................................................

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

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

It shall be the sole responsibility of the PURCHASER to amend its domicilium

addresses as stated in this Agreement. Should the PURCHASER fail to do so and the

PURCHASER is untraceable at the domicilium as provided, the SELLER shall be

entitled to accept the addresses provided in the preamble of the Agreement or

alternatively the PROPERTY as domicilium of the PURCHASER.

19.2 And the SELLER chooses its domicilium citandi et executandi at:

Chief Executive Officer

The City of Windhoek

Box 59

Windhoek

Tel: +264 61 290 2313

Fax: +264 61 290 2493

E-mail: [email protected]

80 Independence Avenue

P. O. Box 59

Windhoek.

19.3 The Parties choose the addresses set out in Clause 19.1 and 19.2 as their domicilii

citandi et executandi (“domicilium address”) for all purposes under this Agreement

whether in respect of payment of money, the service or delivery of court or arbitration

process, communications or other documents or all other communications.

19.4 Any Party may by notice to the other change its domicilium address to another

address, such change to become effective on the 5th

(fifth) Business Day from the

deemed receipt of the notice by the other Party, provided that the domicilium address

must at all times include a physical address, telefax, postal address and telephone

number within Windhoek or, with the prior approval of the other Party, which

approval shall not unreasonably be withheld, any other place within Namibia or

Southern Africa.

mailto:[email protected]


two witnesses

Page 41 19.5 Any communication to a Party sent by prepaid registered post (by airmail if

appropriate) in a correctly addressed envelope to it at its domicilium address will be

deemed to have been received on the 14th (fourteenth) Business Day after posting

(unless the contrary is proved).

19.6 Any communication to a Party delivered by hand to a responsible person during

ordinary business hours at its domicilium address will be deemed to have been

received on the day of delivery (unless the contrary is proved).

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. Electricity

supply will be limited to 3 x 60 amps. Should more than 3 x 60 amps electricity be

required, the PURCHASER should in that event provide at own cost an electricity

substation building or make alternative arrangements to the reasonable satisfaction of

the Strategic Executive: Electricity or the Electricity Distribution Company to be


two witnesses

Page 42 established, respectively. Notwithstanding the provisions as set out above, the

PURCHASER should note that the SELLER is busy with a ring fencing exercise

whereby the Electricity Department of the SELLER could be outsourced to an

Electricity Distributor Company in which event such Company has to be approached

for the provision of electricity and the conditions for such provision, as the SELLER

will not then be entitled to provide electricity services.

21.1.2 The PURCHASER must note that the prepayment method for the supply of electricity

might be introduced on the PROPERTY at the sole discretion of the SELLER.

21.1.3 The PURCHASER undertakes to contact Telecom Namibia or any other

Telecommunications Utility during the planning stage with regard to the availability of

services, supply and costs related to such supply as well as to the requirements of

Telecom or any other Telecommunications Utility regarding plans, provision of

exchanges (where relevant), as well as the requirement to submit site and electrical

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

Telecommunications Utility’s services. The SELLER can give no undertakings in this

regard.

21.1.4 The PURCHASER takes note that where permanent structures such as tar roads, paving

of pavements, bridges and/or accesses are to be effected on a Property, Telecom

Namibia or the relevant Telecommunications Utility should be contacted during the

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

21.1.5 The PURCHASER must during the planning stage clear the location of electricity,

water, sewer and other municipal services with the Departments of the Strategic

Executives Infrastructure, Water & Technical Services and Electricity or the

Electricity Distribution Company to be established, respectively. The PURCHASER

must ascertain which of the existing municipal services may influence its future

upgrading or development or design and on which point such services will be

connected. Access points and parking layouts (where applicable) should be cleared

during the planning phase to the satisfaction of the Chief Engineer (Roads and

Stormwater) and the Manager Transportation Policy Development and Co-ordination,

employees of the SELLER. Parking facilities, where applicable to "business" erven

must be accommodated on site by the PURCHASER in accordance with the Town

Planning Scheme. The normal parking requirement for business erven is three parking

bays per 100 m² of floor area and for office four per 100 m².

21.1.6 The PURCHASER should, where applicable, take note:

21.1.6.1 That municipal plans are only an indication of the location of individual erven and

should not be seen as a final erf diagram or general plan and the details regarding

extent, topographic characteristics, access, exact location of Municipal services

crossing erven and servitudes must be clarified as set out in clause 21.1.5.

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

depicted on such plan are guaranteed.]

21.1.6.2 Of existing and/or planned services or storm water on the PROPERTY, to be cleared

with the Departments as set out in clause 21.1.5.


two witnesses

Page 43 21.1.6.3 That internal service connection would be for the account of the PURCHASER.

21.1.6.4 That, subject to the availability of funds, no gravel street will be tarred/paved, where

applicable, until such time as plus minus seventy five percent (75 %) of the buildings

adjacent to the street have been completed. (This condition would not apply to areas

where the development costs of the township did not include the tarring/paving of

internal streets in the upset prices of erven. The PURCHASER has to ascertain if costs

for the provision of a tarred/paved road had been included in the upset price or not).

21.1.6.5 That if refuse, building materials, debris, rubble, motor wrecks etc have been

dumped on the PROPERTY the same must be removed by the PURCHASER at

own cost. This would have been taken into account at the determination of the upset

price of erf.

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

conditions.

21.1.6.7 That the sale of the PROPERTY is subject to the following servitudes and restrictions

which shall, at the cost of the PURCHASER, be registered against the title of the

PROPERTY or by way of a power of attorney in favour of the SELLER:

"The PROPERTY shall be subject to the reservation by the Municipal Council of

Windhoek of the right of access and use without compensation of the area 3 metres

parallel with any boundary for the construction and maintenance of municipal services

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

right to place on such erf temporarily any materials that may be excavated or used

during such operations on the erf or any adjacent erf, which reservation 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 The provisions of clause 35 of the Town planning Scheme as set out in Annexure “I”

shall apply. A proper drainage plan or channelling of storm water across the erven is

to be maintained by the purchaser to the satisfaction of the Chief Engineer (Roads and

Stormwater).

21.3.2 No development may be effected in the 1:100 year flood zones of any adjacent

watercourse.

21.3.3 The PURCHASERS of Erf 456 Wanaheda, Erf 1091,Khomasdal, should note:

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


two witnesses

Page 44 erected in terms of any law) be constructed on or over the property or located in such a way that:

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

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.

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

responsibility of the owner of the concerned property. That prior approval be obtained from the Strategic Executive: Urban

Planning and Property Management if the accommodation of the stormwater on the erf is contemplated.

That engineering drawings on how the stormwater would be

accommodated to the satisfaction of the Strategic Executive: Urban Planning and Property Management be submitted for approval, simultaneously with the building plans.

That the stormwater on the erf be accommodated to the satisfaction of

the Strategic Executive: Urban Planning and Property Management before transfer to a third party take place and that this conditions be included in the Deed of Sale.

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

stormwater system be clearly indicated on all building plans submitted.

21.3.4 The PURCHASERS of Erf 4827, Khomasdal, should note:

That THE 50mm waterline be relocated outside the erf from within the erf boundary

and the cost for relocation be for the account of the City of Windhoek , provided that

the Strategic executive : Infrastructure, Water and Technical Services be given at least

three months in advance notice for the relocation of the waterlibne before development

effected.

21.3.5 That the stormwater run- off be accommodated to the account of the successful

tenderer.

21.4 ACCESS

PURCHASERS must note:

21.4.1 ERF 1503 KHOMASDAL 21.4.1.1 That the sidewalk levels not be changed for access and parking requirements to the

proposed development be cleared with the Strategic Executive Urban Planning and Property Management prior to building plans be submitted.


two witnesses

Page 45

21.4.2 ERF 456 WANAHEDA

21.4.2.1 That at least a 2 metre sidewalk be allocated for pedestrian purposes, alongside Erf

456 Wanaheda.

21.4.2.2That no access within 15 meter of the intersection be allowed.

21.5.1 ERF 1091 KHOMASDAL

21.5.1.1That only one access be allowed from Wendy Street

21.6.1 ERF R/1470 KHOMASDAL

21.6.1.1 That access be taken from Gladiola Street, at least 15 metre from the intersection

measured from intersection boundaries.

21.7.1 ERF 1448 KHOMASDAL

21.7.1.1 That the successful tenderer/bidder consult with the Strategic Executive:

Urban Planning and Property Management on the access requirements prior

to the preparation of the sub divisional layout as recommended under

paragraph 4.1 above.

21.7.1.2 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: Urban Planning and

Property Management, ramps must be constructed on the erf and ways to overcome

the same are to be submitted together with building plans.

21.7.1.3 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: Urban Planning and Property Management may repair it

and claim the costs from the PURCHASER.

21.8 ERF 4827 KHOMASDAL

21.8.1 That access to Erf 4827 Khomasdal be gained from Zwartz Street only.

21.9 SEWERLINES

21.9.1 The following erven have sewer lines crossing the erven and sewer manholes which

must be protected, at the PURCHASER'S cost, as set out in paragraph 21.1.6.7 and the

building lines must be maintained in these instances as no relaxation will be allowed:

21.9.2 That Erf 1503 Khomasdal be provided with sewer at an estimated cost of

N$9 000.00 and the project be financed from Item 7084/01/3/05/9030.


two witnesses

Page 46

21.9.3 That a 4 metre wide servitude be registered along the boundary with Erven

457 to 460 Wanaheda before any development will be allowed. 21.9.4 ERF 1448 KHOMASDAL 21.9.4.1That the proposed subdivision be done as such that the sewer lines fall within

the open communal area of the development to simplify maintenance on the sewer line.

21.10 ELECTRICAL SERVICES

21.10.1 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.]

21.11 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: Urban Planning and

Property Management of the SELLER what the eventual levels will be.

21.12 GENERAL

21.12.1 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.

21.12.2 That the successful tenderer be allowed to lease 300 m² for marketing purposes at a rental amount as determined by the Strategic Executive: Urban Planning, and Property Management.

21.13 RESTRICTIVE RESALE AND REVERSION CONDITIONS FOR NON-

COMPLIANCE TO ERECT IMPROVEMENTS

21.13.1 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:

21.13.2 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

21.10.3.


two witnesses

Page 47

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

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

granted in terms of sub clause 21.10.5, the PURCHASER hereby provides the

SELLER with an irrevocable Power of Attorney to effect repossession of the

PROPERTY.

21.13.4 The repossession referred to in subclause 21.10.2, shall, subject to the Common Law

to claim damages in respect of such default to be set off against the purchase price

received, be done without any liability by the SELLER to repay any payments made

by or on behalf of the PURCHASER to the SELLER: Provided that the SELLER

shall be entitled, if it so elects:

21.13.5 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:

21.13.6 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:

21.13.7 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.

21.13.8 The irrevocable Power of Attorney referred to in subclause 21.10.2, shall, upon the

issue of a certificate by or on behalf of the SELLER that the development or

improvements have been completed, lapse and shall be void.

21.13.9 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.

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

conditions contained in clauses 21.10.1 to 21.10.5 by way of a Notarial Deed of

Imposition of Conditions against the Title Deed of the PROPERTY, should

transfer be taken before the erection of improvements, the wording of such Notarial

Deed to be determined by the Notary of the SELLER to reflect the intention of the

PURCHASER and SELLER contained in the said clauses.


two witnesses

Page 48

22

COMPANIES, CLOSED CORPORATIONS AND NOMINEES

In the event that the PURCHASER is purchasing the PROPERTY on behalf of a

company, a closed corporation in the course of formation or a nominee, it shall be a

special condition that:

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

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

1993 pertaining to the payment of transfer duty, shall have been complied with;

and

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

and any agreement which may arise there from in writing within thirty days from

the date of sale, failing which the signatory hereby agrees in favour of the

Municipality that the signatory shall be bound to the Deed of Sale and the

signatory shall be deemed to have signed and entered into this sale in his/her

personal capacity.

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

42 Power as to pre-incorporation contracts

Any contract made in writing by a person professing to act as agent or trustee for a

company not yet incorporated is capable of being ratified or adopted by or otherwise

made binding upon and enforceable by that company after it has been duly

incorporated as if it had been duly incorporated at the time when the contract was

made and that contract had been made without its authority, but, the memorandum on

its registration, must contain a statement with regard to the ratification or adoption of

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

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

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

memorandum and articles of the company.

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

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

trustee for a corporation not yet formed, may after its incorporation be ratified or

adopted by such corporation as if the corporation had been duly incorporated at

the time when the contract was entered into.

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

in the form of a written consent of all the members of the corporation, given

within a time specified in the contract or, if no time is specified, within a

reasonable period of time after incorporation.


two witnesses

Page 49

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

must be accompanied by the necessary Power of Attorney and, where applicable, a

certified extract of the Minutes of the legal person.

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

corporation or nominee not ratify the Agreement in writing in the specified time, the

signatory hereby agrees in favour of the Municipality that the signatory shall be bound in

his/her personal capacity in the event where the other person or legal person is not

legally bound hereto.

23

CONDITIONS TO BE INCORPORATED IN SUBSEQUENT DEEDS OF SALE

In the event that the PURCHASER sells the PROPERTY he/she/it undertakes in favour of the

SELLER to incorporate the following clauses of this Agreement in the Deed of Sale with the

further condition that his/her/its successors in title will similarly bind their successors in title

to infinity:

23.1 Clause 8 insofar as it relates to the payment of assessment rates;

23.2 Clause 9 until such time as the services described therein have been provided;

23.3 Clauses 10.1 and 10.2 until such time as the conditions imposed therein have been

fulfilled;

23.4 Clause 11;

23.5 Clause 13;

23.6 Clause 15; and

23.7 Clause 21 insofar as it is applicable to the Property.


two witnesses

Page 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 317/10/2002, 327/10/2004, 343/11/2003, 159/06/2003, 149/04/2009, 360/10/2008 and 290/08/2008

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

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

undersigned witnesses: -

WITNESSES:

1 ___________________ ____________________________ 45

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

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


two witnesses

Page 51

ANNEXURE “1”

1 Minimum Building Values in terms of the Town Planning Scheme

Clause 39 of the Town Planning Scheme with regard to minimum building values

provides as follows:

“39. Minimum building values

(1) Unless otherwise determined by Council, the value of buildings, structure and

improvements erected on any Property shall not be less than the minimum

building value specified for that Property.

(2) Minimum building values imposed in terms of this section are applicable to the

value of a main building excluding any outbuilding or a single house in the case

of a "residential" zoned erf, unless otherwise determined by Council.

(2) For all new townships proclaimed from 1 January 1996, the minimum building

value of any erf zoned "institutional", "restricted business", "garage" and

"industrial" shall equal the current municipal valuation of the land comprising

that erf.

(4) For all new townships proclaimed from 1 January 1996, the minimum building

value of any erf zoned "office", or "business" shall equal 4 times the current

municipal valuation of the land comprising that erf.

(5) For all new townships proclaimed from 1 January 1996, unless otherwise

specified in this Scheme, the minimum building value of any erf zoned

"residential", or "general residential" shall equal 2 times the current municipal

valuation of the land comprising that erf.

(6) 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-


two witnesses

Page 52 (i) The flow of stormwater from higher lying Property to lower lying Property is impeded

or obstructed and through which any Property is or may be endangered; or

(ii) The flow of a natural watercourse (in which the local authority allows floodwater to run

off, be discharged or to be canalised) is or can be changed, canalised or impeded.

(iii) The maintenance of such stormwater pipe, channel or work shall be the responsibility of

the owner of the concerned Property."

In event of very flat terrain and if applicable, storm water of erven lying on the upstream side

must be accommodated on the erven lower down, in which event clause 35 of the Town

Planning Scheme shall also apply.

31. Endowment

(1) Any Property owner subdividing land shall pay to the Council an endowment as

provided for in the Townships and Division of Land Ordinance No. 11 of 1963, of

7,5% of the value of the new portions being created, on or before registration of the

new portions, except as may otherwise be determined by Council.

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


two witnesses

Page 53 circumstances provided that the coverage permitted shall not be exceeded.

(4) Upon the subdivision of any land where any portion of such land is physically

separated by the execution, or proposed execution of public works and provided that

such portion does not fall below 75% (seventy five per cent) of the minimum area as

laid down in column 3 of Table E for the said land, such portion may be used for

residential purposes.

34. Access and street numbers

(1) If an erf has more than one street frontage, access to the erf shall be obtained from the

street(s) determined by the Council. The determination shall be made before the

approval of any building plans showing how access is to be taken.

(2) Street numbers shall be regulated as follows.

(a) All erven within the municipal area shall be fitted with a conspicuous number plate,

showing the erf's street address number, erected on the street boundary from which

access is legally taken, within six weeks of submitting a building plan for the main

building on that erf, or within six weeks from the date of proclamation hereof.

(b) No service connection will be given to any erf created by private subdivision or

consolidation unless a street number has been allocated and a number plate is displayed.

(c) No service connection will be given to any unit in a sectional title scheme unless that

unit has been numbered and a number plate displayed to the satisfaction of Council.

(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.


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Page 54

No person shall submit building plans or commence any building operations on an erf or

farm portion which lacks any of the following;

(a) access to a public street constructed and surfaced in accordance with Municipal

standards;

(b) a Municipal water connection or access to a Municipal communal water supply point or

supply pipeline which has been approved by the Municipality for use by that erf or farm

portion;

(c) a sewer connection or access to a sewage disposal system or sewer which has been

approved by the Municipality for use by that erf or farm portion;

except with the consent of Council.”


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Page 55

SECTION C

[NOTE: DRAFT TENDER AGREEMENT ONLY TO BE ENTERED IN

PRIVATE TOWNSHIP DEVELOPMENTS]

ANNEXURE "11"

Annexure “B” to Deed of Sale (Residential Block Sale)

MEMORANDUM OF AGREEMENT

(DEVELOPMENT AGREEMENT)

MEMORANDUM OF AGREEMENT made and entered into by and between

THE MUNICIPAL COUNCIL OF WINDHOEK

Herein represented by .............................................…………………………………...

and ……………………………………………………………………… in their

respective capacities as representatives of the Chairperson of the Management

Committee and Chief Executive Officer of the said Municipal Council acting as such

in terms of Sections 31A and 27 (5) of the Local Authorities Act, No. 23 of 1992

(hereinafter referred to as the "COUNCIL") on the one side

AND

(i)

(Full names and Surname/Name of company)

Registration number:

Citizenship:

Address:

Telephone: ……………………(W) ………………(Fax)

…………………(cell)

(Hereinafter referred to as the DEVELOPER)

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

in his capacity as .....................................................................................

of the Developer duly authorised thereto by a Resolution taken by the Developer

a copy of which is attached hereto and initialled for purpose of identification.


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Page 56

WHEREAS:

The Developer was the successful tenderer in Tender PLA 02/2015 and is the

prospective owner of certain immovable property known as

CERTAIN ERF ……………. TOWNSHIP:…………………,

EXTENSION………..

SITUATE in the municipality of Windhoek, Khomas Region

MEASURING ……….SQUARE METRES in extent

HELD …………………………………….

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

Developer, (hereinafter referred to as the "PROPERTY"); and

The DEVELOPER is desirous of acquiring the PROPERTY and thereafter subdividing

Erf …………… into ……………. Erven numbered from ………… to ………………

and Streets and a Remainder; and

The COUNCIL is prepared to consent to the said subdivisions subject thereto that the

DEVELOPER provide the public services and infrastructure required in terms hereof to

a minimum standard at the DEVELOPER’s cost;

NOW THEREFORE THE PARTIES hereto agree as follows:

1 Approval of subdivision

The COUNCIL hereby agrees to the proposed subdivision of the PROPERTY as

per the DEVELOPER’s General Plan K ……………………attached hereto as

Annexure subject to the DEVELOPER accepting the terms and conditions of

this Agreement and which the DEVELOPER hereby accepts:

1.1 Zoning & Reservation

The Developer takes note:

1.1.1 That Erven ………………………………………..be rezoned from

"……………………." to "residential" with a density of 1 dwelling per

………………….. square metres.

1.1.2 That Erf …………………..be rezoned from "………………" to "" with a bulk

of………………..


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Page 57

1.1.3 That Erf ……………………..to be added to Annexure D be reserved as "public

open space" and be transferred back to the Council free of charge

1.1.4 That Erven ………………………………….free of conditions be transferred

to the Council free of charge for municipal purposes to be added to Annexure

D.

1.1.5 That the Remainder of Erf …………………………………..be reserved as

street to be added to Annexure D.

1.2 Building plans of the PROPERTY will not be approved until such time as the

General Plan or Subdivisional Erf diagrams reflecting the proposed subdivisions

have been approved by the Surveyor-General or alternatively with prior written

approval of the COUNCIL after the Surveyor responsible for the survey

certified that the preliminary General Plan or Surveyors Diagrams are

available, that the survey has been done according to the regulations of the

Land Surveyors Act, and that the erf pegs have been provided according to the

co-ordinates of the preliminary plans and diagrams and the Developer has met

the requirements in clause 11.2. Such earlier approval shall be in the sole

discretion of the COUNCIL.

1.3 No municipal service connections will be approved or given until such time as

the General Plan or subdivision Erf diagrams reflecting the proposed subdivision

have been approved by the Surveyor-General or the COUNCIL has given its

prior approval in terms of Clause 1.2 and this Development Agreement has been

entered into.

1.4 The DEVELOPER must upon completion of services and streets at own cost

have all cadastral beacons checked and replaced by a Professional Land

Surveyor if damaged, destroyed or removed.

1.5 The DEVELOPER must at own cost have all service lines surveyed and

certified that the same are in planned and approved locations.

1.6 In cases of encroachment, after approval of the General Plan or subdivision Erf

diagrams the DEVELOPER must at own cost effect the subdivision by

instituting the necessary procedures in terms of the Townships and Division of

Lands Ordinance, 1963 (Ordinance 11 of 1963) to obtain the necessary approval

for subdivision as well as carrying out the subdivision survey to rectify and

correct any detected encroachments.

2 Title deed conditions

2.1 The existing conditions registered against …………………………………must

be cancelled and that the conditions per Item ………………of the Townships

Board dated ……………..attached as Annexure including a minimum building

value of ……… times the municipal valuation of the erf, be registered against


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Page 58

the new erven, except against the streets, municipal zoned erven, public open

spaces and

2.2 A servitude of ………………metres wide has to be surveyed and be registered

in favour of the COUNCIL in order to protect this service as per General Plan K

…………………….

3 Endowment

In the event of any of the new erven being alienated, except for streets or public

places reserved for municipal purposes and municipal zoned erven, which shall

be transferred free of compensation, subdivisional costs and transfer fees to the

COUNCIL, an endowment, calculated as a percentage, 7,5 %, of the land value

of the first 10 erven and 1 % of the value of additional erven created by the

subdivision, being alienated, excluding a remainder, be paid to the COUNCIL in

accordance with the stipulations of section 19 of the Township and Division of

Land Ordinance No. 11 of 1963. Instead of the payment of the endowment the

COUNCIL may accept serviced erven in place of cash.

4 Telecommunication services

4.1 The DEVELOPER must submit electrical plans of the development for the

planning of telephone services and lines to Telecom Namibia or the applicable

telecommunication utility.

4.2 The DEVELOPER must consult with Telecom or the relevant

Telecommunication Utility before any excavations are done in order to indicate

the exact position of the telecommunication services. Any required relocation of

telecommunication services shall be for the cost of the DEVELOPER.

4.3 The DEVELOPER must note that it will be liable for all costs involved should

any damage to the telecommunication services occur.

4.4 The DEVELOPER must note that the provision of telephone services must be

provided according to specifications provided by Telecom Namibia Ltd or the

relevant Telecommunication utility and that the DEVELOPER may incur costs

in the provision of telephone services.

4.5 All Telecommunication services are to be installed before any street is tarred.

5 Electrical services

5.1 The DEVELOPER will be responsible for the provision of all internal electricity

distribution and street lights (electrical services) at own cost.


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Page 59

5.2 The design and construction of all electrical services are to be done according to

the Strategic Executive: Electricity’s requirements and standard specifications

and that all designs must be approved in writing before any work is started;

OR

All electrical services are to be designed and constructed by the Department of

Electricity on behalf and at the cost of the DEVELOPER.

5.3 Should the first alternative of 5.2 be chosen such design and construction of

electrical services are to-

5.3.1 be done under the supervision of a professional engineer to the reasonable

satisfaction of the Strategic Executive: Electricity

5.3.2 be done on a CAD system in line with the COUNCIL current CAD policy

(current AutoCAD 2000, dwg file format, no dxf files will be accepted.) and the

information be made available to the COUNCIL, and

5.3.3 a complete set of as-built drawings (current AutoCAD 2000, dwg file format, no

dxf files will be accepted.) be submitted to the Strategic Executive: Electricity

once the project is completed, but before the final takeover of the services and

the start of the 12 month retention period;

OR

Should the second alternative of 5.2 be chosen a deposit of 20 % of the estimated cost shall be paid to the COUNCIL to open a works order and that interim monthly accounts be paid as the work progresses. The final payment to be done on rendering a final account of such works order.

5.4 All electricity services are to be installed before any street is tarred.

5.5 All street lighting is to be completely installed before the sidewalks are

finished off.

5.6 Notwithstanding the provisions as set out above,

6 Civil Engineering Works

6.1 The DEVELOPER will be responsible for the provision of all civil work,

surfaced streets, storm water drainage systems, internal water and sewerage

networks, street lights, traffic signs, street name boards and road markings

including all costs thereof and professional fees, including all costs thereof.

6.2 Design and construction phases:


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Page 60

6.2.1 The design of all civil work (including detailed geometric and pavement design

of roads and streets), needs to be done

(a) according to the Strategic Executive: Infrastructure & Technical

Services’ and the Strategic Executive: Urban Planning and Property

Management’s requirements which approvals must be obtained in writing

before any work is started, and

(b) in accordance with all provisions and requirements contained herein, and

(c) the provisions of the relevant FIDIC conditions of contract, which shall

prevail for the agreement between DEVELOPER and Engineer

(appointed in terms of 6.3.1 below), and

(d) with due consideration of the Standard Municipal Design Criteria, as

available from the Chief Engineer: Roads and Stormwater.

6.2.2 The construction of all civil work must be done in accordance with

(a) the requirements of this Agreement;

(b) the relevant sections of the Standard Specifications: SABS1200, and

(c) the requirements of the Strategic Executive: Infrastructure & Technical

Services’ and the Strategic Executive: Urban Planning and Property

Management, and

(d) the requirements stated in the Project Specifications as drafted by the

duly appointed Engineer (in terms of 6.3.1 below) and as approved by

the Strategic Executive: Infrastructure & Technical Services’ and the

Strategic Executive: Urban Planning and Property Management

(e) the provisions of the relevant FIDIC conditions of contract, which shall

prevail for the agreement between DEVELOPER and Contractor, as well

as DEVELOPER and Engineer (appointed in terms of 6.3.1 below)

6.2.3 Approval of Stages (per each Phase of the Development):

(a) Planning Stage: Prior to completion of the design phase, the duly

appointed Engineer (in terms of 6.3.1 below) must arrange a meeting with the Strategic Executive: Urban Planning and Property Management (Chief Engineer: Roads and Stormwater) and the DEVELOPER, to explain and obtain agreement on the proposed designs of the roads and stormwater structures. Minutes of such meeting shall be prepared by the Engineer, and submitted within 7 days of such meeting to the other Parties;

(b) Design Stage: Final Designs shall be submitted and approved by the Chief

Engineer: Roads and Stormwater prior to construction; (c) Pre-Construction Stage: Prior to starting with the construction phase, the

duly appointed Engineer must arrange a further meeting with the Strategic Executive: Urban Planning and Property Management (Chief Engineer: Roads and Stormwater), to discuss the programme and the proposed quality management system to be used (as a guideline the requirements of SABS 1200 may be used, with allowance made for the COUNCIL to do its own quality checks, apart from those carried out by the Engineer). Should workmanship standards prove to be inadequate


two witnesses

Page 61 during such quality checks, all consequent checks performed by COUNCIL shall be at the cost of the DEVELOPER. Minutes of said meeting shall be prepared by the Engineer, and submitted within 7 days of such meeting; to the Parties;

(e) Construction Stage: During the construction phase, the Chief Engineer:

Roads and Stormwater must be invited to attend monthly site meetings

between Engineer and Contractor. Minutes of such meeting must be

prepared by the Engineer, and submitted within 7 days of such meeting

to the other Parties;

(f) Completion: The take-over procedure must be as provided herein, and

based on the procedures provided in the General Conditions of Contract:

FIDIC – Construction Contract (1999).

6.3 The design and construction of surfaced streets, stormwater system, and water

and sewerage networks must:

6.3.1 be done under the supervision of a registered professional or incorporated

engineer

(hereafter called the ‘Engineer’), who must:

(a) be in possession with a valid Professional Indemnity Insurance (insured

value: minimum N$1 million), and

(b) be to the satisfaction of the Strategic Executive: Infrastructure &

Technical Services and Strategic Executive: Urban Planning and

Property Management, and

(c) be named with his/her particulars being attached to the application for

the ‘Large Subdivision’, and

(d) after his/her approval by the Strategic Executive: Infrastructure &

Technical Services and Strategic Executive: Urban Planning and

Property Management, enter into an agreement with the DEVELOPER

which must be based on the relevant FIDIC contract document, with due

consideration for the requirements contained in this Agreement.

6.3.2 be done on a CAD system in line with the COUNCIL’s current CAD policy

(current AutoCAD 2000, dwg file format, no dxf files will be accepted.) and the information be made available to the COUNCIL, electronically and on hard-copy, and

6.3.3. Include a complete set of as-built drawings (current AutoCAD 2000, dwg file

format, no dxf files will be accepted.) which must be submitted to the Strategic

Executive: Infrastructure & Technical Services and Strategic Executive: Urban

Planning and Property Management. once the project is completed, but before

the final takeover of the services and the start of the 12 month retention period;

and


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Page 62 6.3.4 on completion, be certified by the Engineer that the services have been

constructed according to plan and specifications, and in accordance with all provisions and requirements hereof. The form and content of such certificate must be agreed during the meeting provided under 6.2.3 c) above. Such certificate must be submitted to the COUNCIL prior to the taking-over date.

6.4 Further requirements and standards regarding civil engineering works:

6.4.1 Streets are to be surfaced with Bitumen or paving blocks (interlocks) or as

specified by the Strategic Executive: Urban Planning and Property

Management.

6.4.2 The street name posts, road signs and road markings are to be done according to

the design plan approved by the Strategic Executive: Urban Planning and

Property Management and to the satisfaction of the Chief Traffic Officer.

6.4.3 A 10 meter (where applicable) road reserve will be acceptable, on condition

that splays are provided.

6.4.4 Road gradients and cul-de-sac-street-reserve widths shall be in accordance with

the Standard Municipal Design Criteria, as available from the Chief Engineer:

Roads and Stormwater.

6.4.5 Parking requirements will be according to the Town Planning Scheme (where

applicable).

6.4.6 The minimum width at the turning circle must be at least 25 metres (10,5

metre radius with 2 metre sidewalk). 6.4.7 The developer takes note that Erven

……………………………………………..are considered stormwater erven and will be unsuitable for building purposes if left as is. [Some of these erven will also have sewer servitudes. For maintenance purposes, the stormwater must be accommodated in a stormwater system.] The developer undertakes to include these conditions in the Sales Agreements of the subsequent purchasers and successors-in-title.

6.4.8 A sewerline is crossing the Erf ……………..and its subdivided Erven

…………………………..and a ……………….-metre wide sewer servitude in

favor of the City of Windhoek as indicated per General Plan

………………………..has to be surveyed and registered as protection of this

service and that no development will be allowed within this zone.

7 Main service connections

7.1 The COUNCIL or the DEVELOPER will provide all reticulation network

connection points to the main services at the boundary of the PROPERTY, and

that the costs to connect from existing City distribution points must be paid by

the DEVELOPER.


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Page 63

7.2 The location of these service distribution points must be ascertained with the

Strategic Executive: Infrastructure & Technical Services and Strategic

Executive: Electricity or Electricity Distribution Company to be established

and Strategic Executive: Urban Planning and Property Management before

planning or construction starts.

7.3 All connection points are to be approved in writing by the Strategic Executive:

Infrastructure & Technical Services and Strategic Executive: Electricity or

Electricity Distribution Company to be established and Strategic Executive:

Urban Planning and Property Management at the planning stage.

7.4 Should the DEVELOPER want to cross a neighbouring development to reach a

main water services it would personally have to negotiate with the owner of the

area concerned.

8 Phased Developments and Safeguarding of Council’s rights

8.1 The DEVELOPER must provide on its own account public services to the

PROPERTY or any of its subsequent subdivisions, as provided herein.

8.1.1 The development may take place in phases, provided that

(a) such phases are approved in writing by the Strategic Executive:

Infrastructure & Technical Services and Strategic Executive:

Electricity and Strategic Executive: Urban Planning and Property

Management before development of the PROPERTY or its subdivisions

may occur, and

(b) a development program and proof of financial capability of the

DEVELOPER must be submitted to and approved by COUNCIL . Such

approval must be obtained before development of the PROPERTY or its

subdivisions may occur.

8.2 For the purposes of these conditions the term "public services" shall be defined to

include all municipal piped and cabled services, pump stations, electrical

substations, bridges, culverts, surfaced roads, street lighting, street name boards

and markings and any other similar engineering service or facility.

8.3 The parties also agree to the registration by notarial deed against the Title

Deed of the PROPERTY or any of its subsequent subdivisions, the following

conditions imposed for the benefit of and enforceability by COUNCIL, or its

agents, namely:

8.3.1 It is a condition of this Development Agreement that the DEVELOPER shall

not be entitled to transfer the PROPERTY or any individual erf referred to in the identified phased development or on the General Plan with regard to the PROPERTY to any subsequent Successor/s in Title without the written consent of the Chief Executive Officer of the COUNCIL, thereto having been


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Page 64 had and obtained.

8.3.2 The permission will not be granted by COUNCIL for retransfer, until such time

as township development and public services for each phase, as set out in clause

8.1 and in accordance with the requirements of this Agreement have been

provided to the PROPERTY or the individual erven, as reflected on the approved

General Plan or the identified phased development, as the case may be, to the

satisfaction of COUNCIL.

OR ALTERNATIVELY (PHASE DEVELOPMENTS ONLY)

8.3.3 Permission will be granted by COUNCIL for phased development, as set out

in clause 8.1,

a) if the DEVELOPER pays to COUNCIL a deposit equal to the cost of all

outstanding public services (including supervision and administration fees)

still to be constructed, rendered or provided to the PROPERTY or any

individual erf referred to in the identified phased development or on the

General Plan with regard to the PROPERTY, and

b) if such deposit has been approved upon in writing for each phase of

development as identified in paragraph 8.1.

8.3.4 The amount of such deposit in clause 8.3.3 must be certified by the duly

appointed Engineer and submitted to the Strategic Executive: Infrastructure &

Technical Services and Strategic Executive: Electricity or Electricity

Distribution Company to be established and Strategic Executive: Urban

Planning and Property Management for approval.

8.3.5 Such deposit in clauses 8.3.3 and 8.3.4 shall be held by COUNCIL, and shall

be depleted on a monthly basis by amounts certified by the duly appointed

Engineer, for payment to the contractor, with due regard for all deductions (e.g

retention as defined in clause 9 below).

8.4 The DEVELOPER must obtain a certificate for each completed phase,

attached hereto, under the hand of the Strategic Executive: Infrastructure &

Technical Services and Strategic Executive: Electricity or Electricity

Distribution Company to be established and Strategic Executive: Urban

Planning and Property Management, which certificate will be made available

within 10 working days after such a request has been received by the Strategic

Executive: Infrastructure & Technical Services and Strategic Executive:

Electricity and Strategic Executive: Urban Planning and Property Management

and all the requirements as determined in paragraphs 5 to 8.3 have been

adhered to before transfer of the erven will be allowed.

8.5 The Development Team of the DEVELOPER must meet with representatives

of the COUNCIL on a monthly basis in order to monitor the progress and standard of the development in order to be able to issue the certificates as set out in paragraph 8.4.


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Page 65

9 Retention period

9.1 The DEVELOPER shall be responsible for a retention period of 12 months on

the street and storm water systems and the internal water and sewerage networks

and electrical and other infrastructure after completion and take-over of the

works by the COUNCIL. The DEVELOPER or its Engineer is responsible to

arrange the site inspection for the take over and for the start of the retention

period.

9.2 A refundable retention amount of 5 % of the value of the works must be paid

monthly by the DEVELOPER (or the Financial Institution in the event of a

tripartite agreement) as per certificate (indicating the progress) to the COUNCIL,

which will be used if the DEVELOPER fails to do any maintenance repairs.

This deposit will be paid back after the one year retention period if all

outstanding matters have successfully been complied with.

9.3 During the retention period the DEVELOPER shall only be allowed to access,

or repair or install further public services taken over by the COUNCIL with

the prior written consent of the COUNCIL and then only against payment of

deposits or provision of security as required by sub-clause 8.3. In such event

the conditions of this Agreement relating to takeover of works and

maintenance and compliance retention period shall apply. Any damage to

public services taken over shall be regarded as new work in terms of this

clause 9.3.

10 Registration preconditions

10.1 In addition to the provisions of paragraph 8 the Registrar of Deeds will be

requested not to register the retransfer of any portion of the PROPERTY before

confirmation has been received from the COUNCIL, by way of a receipt or a

certificate under the hand of the Chief Executive, that the endowment as

stipulated above has been paid.

10.2 The parties also agree to the registration by notarial deed against the Title Deed

of the Property or any individual erf referred to in the identified phased

development or on the General Plan with regard to the Property, the following

conditions imposed for the benefit of and enforceable by Council, or its assigns,

namely:

10.2.1 The Property or any individual erf referred to in the identified phased

development or on the General Plan with regard to the Property, shall revert to

Council in the event of the Developer not complying with the following

conditions:

10.2.1.1 If the Developer fails to provide the required public services before within

five years form the date of occupation and to develop or erect within five


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Page 66

years from date of occupation improvements on the Property or any

individual erf referred to in the identified phased development or on the

General Plan with regard to the Property, then

10.2.1.2 the Developer shall retransfer the Property or any individual erf referred to

in the identified phased development or on the General Plan with regard to

the Property which are undeveloped or unserviced to Council at the

Developer's cost, and Council shall not be liable to pay the Developer any

compensation for partly completed public services or improvements on the

Property or any individual erf referred to in the identified phased

development or on the General Plan with regard to the Property which need

to be retransferred to Council;

Or alternatively, at the choice of Council,

10.2.1.3 Council may, for the benefit of the Developer, provide the necessary public

services and use the guarantee referred to in paragraph 8.3 to pay any costs

incurred in this respect and retransfer only the remainder of the unserviced

or undeveloped Property not covered by the said guarantees to Council.

11 Building plans

11.1 The DEVELOPER must note that no building plans will be approved unless

clauses 1.3 and 4 have been complied with, and,

11.2 The DEVELOPER must note that no building plans will be approved unless

the following has been provided:

(i) access to a public street constructed and surfaced in accordance with

COUNCIL standards;

(ii) a COUNCIL water connection or access to a communal water supply

point, in the case of low cost residential erven only, or supply pipeline

which has been approved by the COUNCIL for use by that erf;

(iii) a sewer connection or access to a sewage disposal system or sewer

which has been approved by the COUNCIL for use by that erf;

except with the prior written consent of COUNCIL.

11.3 The DEVELOPER must note that, should any changes be made to the

preliminary General Plan or the Diagrams, the Strategic Executive: Urban

Planning and Property Management and Strategic Executive: Infrastructure &

Technical Services and Strategic Executive: Urban Planning and Property

Management (Chief Urban Planner , Chief Building Inspector and the Chief

Land Surveyor) be notified in writing of such changes,

11.4 Building line relaxation will only be considered once the street design plans

are approved.


two witnesses

Page 67 11.5 The prescribed requirements in the Environmental Policy of the Government

of Namibia shall apply in cases where an Environmental Impact Assessment is

required. 12 Contour plans

The DEVELOPER must note that contours on erf plans available from the

Strategic Executive: Urban Planning and Property Management’s office cannot

be guaranteed due to gravel mined on some erven, and due to accuracy

tolerances in assembling these plans.

13 Street names

The applicant is requested to propose names for the new streets to be created and

that the names be in the same theme as the other street names in the area, unless

adequately motivated to the contrary.

14 Additional conditions

COUNCIL reserves the right to impose any additional conditions, which is

necessary for a specific development.

15 Waiver and relaxation

15.1 No indulgence, leniency or extension which either Party may grant or show to

the other Party shall in any way prejudice the Grantor, or preclude the Grantor

from exercising any of the rights that it has derived from this Agreement, or to

be construed as a waiver by the Grantor of that right.

15.2 No waiver of any of the terms or conditions of this Agreement will be binding

for any purpose unless expressed in writing and signed by the Parties as a

waiver. Any such waiver shall be effective only in the specific instance and

for the purpose given.

15.3 No failure or delay on the part of any of the Parties in exercising any right

shall operate as a waiver, nor shall any single or partial exercise of such right

preclude any other or further exercise thereof or the exercise of any other right

under this Agreement.

16 Severability

In the event that any of the provisions of this Agreement are found to be

invalid, unlawful or unenforceable, such provisions shall be severable from the

remaining provisions of this Agreement, which shall continue to be valid and

enforceable.


two witnesses

Page 68

17 Entire agreement and variations

17.1 This Agreement constitutes the whole agreement between the Parties and

supersedes all prior verbal or written agreements or understandings or

representations by or between the Parties regarding the subject matter thereof.

The Parties will not be entitled to rely, in any dispute regarding this

Agreement, on any terms, conditions or representations not expressly

contained in this Agreement.

17.2 No variation of or addition to this Agreement will be of any force or effect,

unless reduced to writing and signed by or on behalf of the Parties.

17.3 Neither Party to this Agreement has given any warranty or made any

representation to the other, other than any warranty or representation expressly

recorded in this Agreement.

18 Dispute resolution

If the Parties are unable to resolve any dispute resulting from this Agreement

by means of joint co-operation or discussion between the Representatives

within 3 (three) Business Days after the dispute had arisen, or such extended

period as the Parties may in writing allow, such dispute must be submitted to

senior executives of the Parties who shall endeavour to resolve the dispute

within 5 (five) Business Days, or such extended period as such executives may

in writing agree, after the dispute having been referred to them by the

Representatives. The Representatives shall be required to jointly articulate the

nature of the dispute for the purposes of notifying the said executives pursuant

to this Clause 18.

19 Domicilium addresses and notices

19.1 All communications by the DEVELOPER to COUNCIL must be in writing

and addressed to:

The Chief: Urban Policy, Strategy, Facilitation & Implementation Services

The City of Windhoek

Box 59

Windhoek

Tel: +264 61 290 2373

Fax: +264 61 290 2111

E-mail: [email protected]

19.2 All communications by the City of Windhoek to the DEVELOPER must be in

writing and addressed to:

…………………………………………………………………………………


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Box……………………………………………………………………………

Windhoek

Tel:(+26461)…………………………………….………………………………

Fax:(+26461)……………………………………………………………………

E-mail:……………………………………………………………………… …

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.

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 5th

(fifth) Business Day after

posting (unless the contrary is proved).

19.6 Any communication to a Party delivered by hand to a responsible person

during ordinary business hours at its domicilium address will be deemed to

have been received on the day of delivery (unless the contrary is proved).

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.


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THUS DONE AND SIGNED AT ……………………………… ON THIS

……………………………DAY OF ………………………..……………… 20….

WITNESSES:

1……………………………… …………………………

Full

Name:_____________________

Capacity:___________________

2…….…………………………

…………………………………

Full

Name:_____________________

Capacity:___________________ For and on behalf of COUNCIL, being

duly authorised thereto and warranting

such authority.

THUS DONE AND SIGNED AT ………………………………………… ON THIS

………………. DAY OF ………………………..……………… 20….

WITNESSES:

1……………….… …………………………………

Full Name:____________________

Capacity:___________________

2…………….………

……………………….

For and on behalf of the

DEVELOPER, being duly

authorised thereto and warranting

such authority

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

plus two witnesses

1

CERTIFICATE OF APPROVAL AS ISSUED BY THE AFFECTED SERVICES

DEPARTMENTS OF THE CITY OF WINDHOEK IN TERMS OF CLAUSE 8.4 OF THE

MEMORANDUM OF AGREEMENT ENTERED INTO BETWEEN THE CITY OF

WINDHOEK AND THE OWNER / DEVELOPWER FOR THE PURPOSE OF LARGE

SUBDIVISIONS

TOWNSHIP & ERF NUMBERS: ………………………………….

CITY OF WINDHOEK RESOLUTION NUMBER: …………………

TOWNSHIPS BOARD ITEM NUMBER: …………………

PART A: STRATEGIC EXECUTIVE: URBAN PLANNING AND

PROPERTY MANAGEMENT CHECK LIST FOR OBTAINING

MUNICIPAL SERVICES' CERTIFICATE 1. Has a copy of each diagram or general plan been received ? …………………

2. Have erf dimensional requirements been met ? …………………

3. Have building regulation requirements been met ? …………………

4. Have any closures been completed ? …………………

5 Have any other imposed conditions been met ? …………………

6 Have servitudes been accommodated ? …………………

7 Have retention monies been paid ? …………………

8 Survey requirements. (To be done by a Professional Land Surveyor) ……………….…

8.1 Have all erf beacons been identified? (Done upon completion of buildings

and where OWNER/DEVELOPERs took delivery) ……………… ..

8.2 Has any encroachment by completed structures been detected? ………………..

9 Have Environmental Impact Assessment requirements been met? …………… ….

Comments: ...............................

Name of Assessor: ..................……….. Date: ………………………….

…………………………………………………… ………………….

Strategic Executive: Urban Planning & Property Management Date


plus two witnesses

1

PART B: STRATEGIC EXECUTIVE: URBAN PLANNING AND

PROPERTY MANAGEMENT CHECK LIST FOR OBTAINING

MUNICIPAL SERVICES' CERTIFICATE.

1 Has an Engineer been appointed according to sub-clause 6.3.1? ….…………..

2 Have design drawings and specifications of infrastructure been approved ?……………….

3 Has a programme and a quality management system been approved? ………………

4 Have as-built drawings been received? …………..........

5 Has electronic/CAD data been received? …………..........

6 Have all other conditions under clause 6 been met? ….………….....

7 Has any required deposit been provided as calculated in terms of clause …...…………...

8 Have servitudes been accommodated? …………….…

9 Have retention monies been paid?. .…………...

10 Have street signs and boards been erected? ……..………..

11 Have traffic signs and road markings been provided? ………………

Comments: ...............................


…………………………………………………… Date ………………….

Strategic Executive: Urban Planning and Property Management


plus two witnesses

1

PART C: STRATEGIC EXECUTIVE: INFRASTRUCTURE, WATER & TECHNICAL

SERVICES’ CHECK LIST FOR OBTAINING MUNICIPAL SERVICES' CERTIFICATE.

1. Have design drawings and specifications of infrastructure been approved? …………….

1.1 Have pipes, valves and hydrants been installed according to the approved specifications?………...........

1.2 Have valve and hydrant markers been installed? ………...........

1.3 Have manholes, rodding eyes, benching, covers and step irons been installed to specification?

………..........

1.4 Have house connection markers been installed? ………..........

2. Have as-built drawings been received? ………..........

3. Has as-built electronic/CAD data been received? ………..........

4. Have any other imposed conditions been met? .………….....

5. Has any required deposit been provided? ………..........

6 Have servitudes been accommodated? ……………..

7 Have retention monies been paid? ………….….

8 Has all refuse and rubble been satisfactorily removed from site, to an approved landfill site?

………..……

Comments: ...............................


……………………………………………………. ………………………………...

Strategic Executive: Infrastructure, Water and Technical Services Date


plus two witnesses

1

PART D: STRATEGIC EXECUTIVE ELECTRICITY’S CHECK LIST FOR OBTAINING MUNICIPAL SERVICES' CERTIFICATE

1. Have the Electrical Reticulation Drawings been approved before construction started? ………...........

2. Have the special Electrical Conditions been met?………...........

3. Is the installation standard on site acceptable? ………...........

4. Have "as built" drawings being received of the Electrical installations, CAD and paper? ..…….…........

5. Have all monies due to the Electrical Department been paid? ...……….......

6. Were servitudes violated? ..…………

7. Have servitudes been provided for as required?

Comments: ...............................


…………………………………………………… …………….………………….

Strategic Executive: Electricity Date

Tender conditions (unimproved block residential erven PLA 02-2015) revised uik

final.docx


two witnesses

1

ANNEXURE “111” Land to be Transferred back to Council

Erf ………………in Extent …………… m² to be reserved as "public open space"

Erf ……………...in extent ……………m² for municipal purposes.

Remainder of Erf ……………………………….to be reserved as street.


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ANNEXURE E

Reservation for Block erven

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

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

WINDHOEK NAMIBIA

Dear Sir/Madam

ALLOCATION RESIDENTIAL BLOCK ERF FOR SECTIONAL TITLE

DEVELOPMENT /PRIVATE TOWNSHIP DEVELOPMENT:

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

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

Date of Expiry Sectional Title………………………[in total 90 days from date of

allocation]

OR ALTERNATIVELY PRIVATE TOWNSHIP DEVELOPMENT

Date of Expiry Private Township Development………………………[ in total 18

months 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


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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.

OR/Alternatively

Part 2: Allocation for purposes Of Private Township Development

and provision of public Services

*** 2.1 Town Planning Procedures and Subdivision (180 Days- 6 months)

The said allocation is hereby extended with 180 days until . . . . . . . . . . . . . . . .

to enable the prospective purchaser to submit proof that a subdivision of the

land has been investigated and a subdivision application acompanied with and

Environmental Impact Study have been submitted to Council, NAMPAB

(eleven or more erven) or the Townships Board, respectively - 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.

3 Town Planning and Subdivision/Consolidation Procedures to be

implemented [6 months to finalise 2.1]

** For official purposes- Periods:

3.1 The subdivision has been submitted to Council on . . . . . day of . . . . . . . . . . . .

200 and approved by the Strategic Executive: Urban Planning and Property

Management / Management Committee on . . . day of . . . . . . . . . . . . . .

[procedures to be completed within 60 days from allocation]

3.2 The need and desirability has been submitted to NAMPAB on . . . . day of. . . . .

. . . . . . .200. .and approved by the Minister of Urban and Rural Development

on . . . day of . . . . . . . . . . .200. . [procedures to be completed within 60 days

from Council approval]

3.3 The proposed subdivision has been submitted to the Townships Board on . . .

day of . . . . . . . . . . 200. . and approved by the Minister of Urban and Rural


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Development on . . . day of . . . . . . . . . . . 200. . [procedures to be completed

within 60 days from Nampab-approval]

3.4 The survey commenced on………………………….[survey to commence

within 60 days from Nampab-approval] Appointed Surveyor

being………………………………..

3.5 The survey was completed on………………………….and draft Diagrams/

General Plan submitted to Surveyor General

on……………………………[Draft Diagrams /General Plan to be completed

within 90 days from appointment of Surveyor

** Note: To be fully completed within 180 days from date of allocation

4 18-MONTH ALLOCATION

The procedures as set out in paragraphs 2 and 3 plus construction of

services are to be completed within 18 months from the date of allocation

and the Deed of Sale to be finalised within 30 days from the Diagrams

/General Plan being approved by the Surveyor-General as in paragraph

3.5

The said allocation would expire on . . . . . . . . . . . . . . . , being within 18

months from the date of allocation 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.

CONDITIONS OF ALLOCATION

1. A non-refundable deposit is payable within 48 hours from the date of allocation

for administration costs, .......................................................................................................

[Note: Residential Block Erven, General Residential Erven:

0,5 % of the purchase price.]

2. The purchase price of the property shall be N$. . . . . . . . and is payable as

follows:

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

FIFTEEN PERCENT (15 %) per annum calculated monthly in advance from

the date of sale of the PROPERTY to payment thereof, 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) days after the date of sale."


two witnesses

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3. The allocation period shall expire on ...................................................................................

Also note that no further extension will be granted unless the following is

forwarded to our offices:

3.1 Nampab and Township Original Certificates

3.2 Approved Diagrams/General Plan,

3.3 Approved building plans or/and

3.4 Proof that application for a financing/loan was already submitted to

Financial Institution.

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

4.1 The holder to proceed with the implementation of the township development

procedures as set out in Part 1 or 2, respectively, and

4.2 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.


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10. The procedures to be implemented in terms of Parts 1 or 2 (paragraphs 2, 3 or

4) and all matters related thereto shall be for the account of the holder of this

allocation.

11. 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 or 2 (paragraph 2, 3 or 4),

12. The prospective purchaser takes note that within eighteen months from the

date of allocation, the Deed of Sale must be finalised. Approved

Diagrams/General Plan for the subdivision must be submitted to the Strategic

Executive: Urban Planning and Property Management before such time:

Council may depending on the circumstances, either cancel the allocation, if no

Nampab approval was requested within the specified time or if no submission

was made to the Townships Board or the survey has not commenced within 60

days from the receipt of the subdivision certificate or revise the purchase

price, if the Deed of Sale, was not finalised within 18 months.

13. The prospective purchaser must before reserving land under this allocation and

implementation of subdivision procedures, inform itself on the financial

implications and special development conditions applicable to large

subdivisions of residential block erven which will form an integral part of Deed

of Sale and Tender. The information is available from the Strategic Executive:

Planning, Urbanization and Environment, Customer Care Centre, Rev Michael

Scott Street.

14. The holder hereby acknowledges in favour of the Municipality that he/she

knows and understands the conditions of allocation and undertakes to act

accordingly.

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

STRATEGIC EXECUTIVE : HOLDER

URBAN PLANNING AND PROPERTY MANAGEMENT


two witnesses

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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:………………………………………….……

ADDITIONAL 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

Comment: Kindly proceed Yes / No…………………………………………......

B. Land Sales

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


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

Current instalments with the City: Yes/No

Accountant:…………………….…Signature:……………………Date…...……………

ARTICULARS OF TENDERER

Documents

Transcript of ARTICULARS OF TENDERER