PUBLIC HEALTH DIRECTORATE

REQUEST FOR PROPOSALS FOR THE SPRINGS NATURE RESERVE

CONTRACT ENQUIRY NO.: 369/4/2011-2012TENDERER

TELEPHONE / FACSIMILE

CLOSING DATE

NOVEMBER 2011

ISSUED BY:

Nelson Mandela Bay Metropolitan MunicipalityPublic Health DirectorateEnvironmental Management Sub-directoratePO Box 11PORT ELIZABETH6000Contact Person: Mr J MkosanaTel: +2741 506 5464

COMPULSORY MEETING

A compulsory briefing meeting to be held on 22 November 2011 at 11h00 in the Boardroom, SCM Unit, Harrower Road Offices must be attended by the applicant’s authorized representative.

An attendance register will be taken at the meeting and submissions by applicants who were not represented will not be accepted.

CLOSING DATE, TIME AND VENUE FOR SUBMISSIONS

One bound copies of the proposal, clearly marked “Contact Enquiry 369/4/2011-2012, Springs Proposal – Attention Mr. J Mkosana” must be deposited in the NMBMM Tender Box, which is located at the SCM Unit, Harrower Road Offices, Port Elizabeth or City Hall, Uitenhage by no later than 11h00 on 23 February 2012 where after same will be open in public at the same venues.

No late submissions will be accepted.

Posted, e-mailed, or faxed submissions will also not be accepted.

ENQUIRIES

Mr J Mkosana

Nelson Mandela Bay Metropolitan Municipality

Email: jmkosana@mandelametro.gov.za and phowes@mandelametro.gov.za

Tel: 041 - 506 5464

Fax: 041 – 585 7261

13th Floor

Brister House

Govan Mbeki Avenue

Port Elizabeth

6001

TABLE OF CONTENTS

DISCLAIMER

IMPORTANT NOTICE

1. INTRODUCTION 1

2. LEGAL ISSUES AND REQUIREMENTS 1

3. GENERAL INFORMATION 2

3.1 Location

3.2 Site information

3.3 Title deed and town planning restrictions

3.4 Civil services available

3.5 Existing facilities

3.6 Existing initiatives

4. ENVISAGED DEVELOPMENT 5

4.1 Introduction

4.2 Suggestions for type of facilities suitable for Springs

Nature Reserve

4.3 Access

4.4 Development platform and envelope (height, size etc.)

5. ADDITIONAL INFORMATION 13

6. TOURISM POTENTIAL 14

7. ENVIRONMENTAL REQUIREMENTS 15

7.1 Background

7.2 Environmental management principals

7.3 Generic requirements

7.4 Location based requirements

8. MINIMUM CRITERIA FOR PROPOSAL DOCUMENT 16

8.1 Functional and Spatial requirements

8.2 Legal requirements

8.3 Financial requirements

9. EVALUATION 20

10. SWORN STATEMENTS 21

11. GENERAL TERMS 22

12. APPOINTMENT 22

ANNEXURE “A” - Functionality criteria score sheet 23

ANNEXURE “B” - Affidavit for Companies, close Corporations and Trusts 25

ANNEXURE “C” - Affidavit for Individuals 28

ANNEXURE “D” - Certificate of Independent Bid Determination 30

ANNEXURE “E” - Suggested pro-forma for Budgeted Income Statement 33

ANNEXURE “L” - Suggested pro-forma for “price” 34

DISCLAIMERThis RFP has been prepared for the purpose of providing information to interested parties and allowing them to respond to it as part of the tender process of the Nelson Mandela Bay Metropolitan Municipality (NMBMM).

The NMBMM accepts no liability for any loss incurred by any person(s) due to events or actions taken as a consequence of the preparation and dissemination of this RFP document.

The NMBMM accepts no responsibility for the fairness, accuracy or completeness of any information or opinions, for any errors, omissions or mis-statements, negligent or otherwise, made by any person in this RFP document or any written or oral communication transmitted or made available at any time to an interested party or its advisers.

IMPORTANT NOTICEInterested Parties are to note that the submission of any Proposal does not confer any right or expectation on any party that the NMBMM will accept any specific Proposal.

Any person submitting any Proposal agrees that the NMBMM shall be entitled to utilize any Intellectual Property contained in such Proposal and such party waives and abandons any claim of copyright and/or any other rights in respect of any such Intellectual Property.

The only, lowest or any proposal will not necessarily be accepted and the NMBMM reserves the right to accept the whole or any portion of any proposal and/or to withdraw this Request for Proposals.

NOTE:

Please read the instructions regarding returnables from Clause 8 in conjunction with the rest of the document.

Complete and submit Annexure A,(B or C),D,E and L where applicable.

Compile and attach Annexures F, G, H, I, J and K

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1. INTRODUCTION

1.1 The purpose of this Request For Proposals (RFP) is to invite interested parties (Applicant/s) to submit proposals for the development of the Springs Nature Reserve (the Reserve) in a Joint Venture (“JV”) with a Community Group or Entity (to be selected by the NMBMM pursuant to a separate competitive bidding process) in exchange for which development the JV will be granted a long term lease of the properties constituting the Reserve to enable the JV to use, manage and control the existing facilities situate on the properties (and the facilities to be established on the properties in terms of the proposal) in terms of the envisaged lease for the JV’s own account.

1.2 To encourage and ensure the involvement of the local community in the envisaged project, the NMBMM has called for an Expression of Interest from Community Groups or Entities situated in close proximity to the Reserve. It is envisaged that the successful Applicant and the successful Community Group or Entity will form a JV on a 74% (Applicant)/26%(Community Group or Entity) equity ownership basis under which to contract with the NMBMM subject to the Community Group or Entity being in a position to contribute its required equity funding of the envisaged JV. In this regard, Applicants are advised that the possibility exists that the Development Bank of South Africa and/or, the Eastern Cape Development Corporation and/or various Development Financing Institutions may well be prepared to consider financing the envisaged Project although no guarantees are furnished or to be implied in this regard.

1.3 It is accordingly a prerequisite that any interested party intending to respond to this RFP shall be prepared to conclude a Joint Venture agreement with the Community Group or Entity to be selected by the NMBMM.

2. LEGAL ISSUES AND REQUIREMENTS

2.1 The properties constituting the Reserve and identified in Chapter 3 below are currently registered in the name of the Regional Services Council – PE and a prerequisite to any award to be made in terms of this RFP is that a vesting transfer be registered in relation to the properties to reflect the NMBMM as owner thereof.

2.2 Any award to be made under this RFP shall furthermore be subject to such consents as may be required in terms of the Title Deeds under which the properties are held and the removal of

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such restrictive conditions contained therein which are inconsistent with the envisaged development.

2.3 To the extent that two separate properties constitute the Reserve, the NMBMM shall reserve the right in any lease to be concluded pursuant hereto (and the establishment of the JV referred to above) to consolidate such properties.

2.4 Any lease and the grant of any rights to use, control and manage the properties pursuant hereto (which shall be in favour of the JV) shall be subject to the prior compliance with the provisions of the Local Government: Municipal Finance Management Act 56 of 2003 and the Regulations promulgated thereunder and in particular, the Asset Transfer Regulations 2008.

2.5 The envisaged lease between the NMBMM and the JV (to be formed by the successful Applicant and the successful Community Group or Entity) shall consist of, inter alia, three phases, the first phase being for a period of two years from the date of conclusion thereof within which period the Applicant shall be obliged to acquire such consents, permissions or approvals as may be statutorily and/or otherwise required to undertake the development upon the properties. Phase two shall be for a period of two years commencing after phase one within which period the Applicant shall be obliged to undertake and complete its proposed development of the properties and phase three shall commence thereafter and endure for a period of thirty (30) years.

3. GENERAL INFORMATION

3.1 Location

The Springs Nature Reserve is situated approximately 2km north of the town of Uitenhage, in the NMBM municipal area, and is accessed via the Graaff Reinet Road (R75). The Reserve is named after the artesian springs occurring within it. These Springs have supplied fresh water to the town of Uitenhage, since its establishment in the early 1800’s and provide millions of liters of sparkling clear water every day.

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3.2 Site information

Status of Nature Reserve: Declared Nature Reserve

ERF NO TITLE DEED ZONING EST. SIZE OWNER

Portion 1 Uitenhage Open Space Zone 3 NMBMM

Portion of 291/4 Uitenhage Open Space Zone 3 NMBMM

Portion of 291/3 Open Space Zone 3 NMBMM

Springs Nature Reserve

1

291

R75 to Uitenhage

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3.3 Title deed and town planning restrictions

Copies of the Title Deeds under which the properties are held are available on request.

It shall be the responsibility of each JV and Applicant to ensure that its envisaged development of the properties does not contravene any applicable Town Planning restrictions.

3.4 Civil services available

At main node

Service Available Capacity and point of availabilityWater Yes UnknownElectricity Yes UnknownWater borne sewerage Yes Unknown

3.5 Existing facilities

At main node: Tar road access

Gate house

Administration centre

Good internal gravel roads

Padlock with horses

Accommodation:

a. Variety of chalets

b. Camping house (needs to be converted)

c. Manager and staff housing

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1 large swimming facility

1 empty pool to be re-tiled

One large communal hall

Fence and access control

Basic public picnic facilities

Lapa facility (vandalized, but restorable)

Ablution facilities at picnic area and caravan park

Scout hall

Picnic area

Tennis courts

3.6 Existing initiatives

None known at time of RFP

4. ENVISAGED DEVELOPMENT

4.1 Introduction

The new development in Springs Nature Reserve is envisaged to perform a complimentary function to the reserve and the existing development. Suitable facilities previously identified are described below. Any additional functions or inspired proposals by the Applicant, that will enhance and highlight the existing natural environmental features of the nature reserve, will be considered.

4.2 Suggestions for suitable facilities at Springs Nature Reserve (also see DOCUMENT 1,

Clause 5: Additional information)

The majority of new functions are envisaged to be clustered at Node A (Existing Development):

a. Suggestions for type of facilities suitable for Springs Nature Reserve

The majority of existing functions are clustered at “Existing Development”:

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Upgrade of all existing facilities to provide affordable accommodation

It is envisaged that the existing facilities be upgraded and restored to serve the function of providing affordable accommodation and supporting functions. This includes the existing chalets and possibly the conversion of the “camping house” into accommodation for backpackers.

All facilities to be listed with proposed improvements to each by respondent.

Convert one of the existing buildings into an interpretive centre

This facility must cater for at least 45 people at a time. It will typically be used by school groups.

Accommodation Area or capacityEntrance with access control Minimum 12m²Exhibition space Minimum 70m²Lecture space Minimum 70m²At least one office Approximately 12m²Ablutions As per NMBMM requirementsSmall kitchenette with serving hatch- connected to lecture space

Approximately 9m²

Disabled ablutions and access As per NMBMM requirements

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5

1

4

2

3

Existing development

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Development envisaged at other nodes

Up-market tented camp (Node 3, 4 or 5):

The number of up-market tent structures proposed must be linked to a feasibility study to be submitted with this proposal. The area around the accommodation should be fenced and the tent structures should be of a temporary nature (timber structures, or lightweight structures), and should leave no footprint should the NMBM wish to demolish these structures at the end of the lease period.

Suggested typical tent structures:

Accommodation for 2 people Area or capacity

1 bedroom Minimum 12m²

Bathroom Minimum 4m²

Suggested typical support structures:

Accommodation Area or capacity

Large outdoor seating area As suitable for number of accommodation units

Large indoor lounge / reading area / games area As suitable for number of accommodation units

Dining area As suitable for number of accommodation units

Possibility of outdoor pool As suitable for number of accommodation units

Walkways to tents and communal areas As suitable for number of accommodation units

Viewing decks As suitable for number of accommodation units

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Luxury bush lodge (Node 1, 3, 4 or 5):

The area around the accommodation should be demarcated and the tent structures should be of a temporary nature (timber structures, or lightweight structures), and should leave no footprint should the NMBM wish to demolish these structures at the end of the lease period.

Suggested typical rooms:

Accommodation for 2 people Area or capacity

1 bedroom Minimum 16m²

Bathroom Minimum 6m²

Suggested typical support structures:

Accommodation Area or capacity

Large outdoor seating area As suitable for number of accommodation units

Large indoor lounge / reading area / games area As suitable for number of accommodation units

Dining area As suitable for number of accommodation units

Possibility of outdoor pool As suitable for number of accommodation units

Walkways to rooms and communal areas As suitable for number of accommodation units

Viewing decks As suitable for number of accommodation units

New wellness centre – to be linked to tented camp or bush lodge (node1,5 or main node)

This facility must cater for at least 10 people at a time. It will typically be used by patrons from the resort, tented camp or bush lodge.

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Accommodation Area or capacityEntrance with access control and reception Minimum 16m²Treatment rooms Minimum 12m² x 4At least one office Approximately 12m²Male and female ablutions As per NMBMM requirementsRelaxation space Minimum 20m²Small kitchenette with serving hatch- connected to relaxation space

Approximately 9m²

Disabled ablutions and access As per NMBMM requirements

New restaurant and parking (node 2 or main node)

A parking area must be developed to cater for visitors to the restaurant.

Accommodation Area or capacityRestaurant seating area To cater for at least 60 people

at a time indoor and 30 people out door

Kitchen At least 20m²At least one office Approximately 12m²Disabled ablutions and access As per NMBMM requirementsMale and female ablutions – must be available for use for all day-visitors (could possibly be separate from restaurant)

As per NMBMM requirements

Parking Create new parking area – as per NMBMM requirements

Farm stall (node 2)

To be linked to the restaurant (if developed at node 2) with shared parking area and focus on prickly pear products, involving local prickly pear pickers.

Accommodation Area or capacityKitchen with link to display areas At least 12m²Display area 1 Approximately 12m²Display area 2 Approximately 12m²Disabled ablutions and access – can be shared with restaurant (if developed at node 2)

As per NMBMM requirements

Male and female ablutions – can be shared with restaurant (if developed at node 2)

As per NMBMM requirements

Parking – can be shared with restaurant (if developed at node 2)

Create new parking area – as per NMBMM requirements

New interpretive centre (if not developed at main node - at node 1)

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This facility must cater for at least 45 people at a time. It will typically be used by school groups.

Accommodation Area or capacityEntrance with access control Minimum 12m²Exhibition space Minimum 70m²Lecture space Minimum 70m²At least one office Approximately 12m²Male and female ablutions As per NMBMM requirementsSmall kitchenette with serving hatch- connected to lecture space

Approximately 9m²

Disabled ablutions and access As per NMBMM requirements

Bird hide (node 3)

This can be a lapa-type facility and must cater for at least 30 people at a time. It will typically be used by school groups or visitors to luxury lodge/ tented camp. Indicate links between bird hide and interpretive centre

Accommodation Area or capacityUnder cover area to serve as waiting area and exhibition space - leading to deck with viewing ports and exhibition space

Minimum 50m²

Male and female ablutions As per NMBMM requirementsSmall kitchenette with serving hatch- connected to under-cover area

Approximately 9m²

Disabled ablutions and access As per NMBMM requirements

Horse riding school (node 2,3)

This can facility must house horses in a secure area and have padlocks for feeding, exercise, grazing, jumping etc. To be described by respondent.

Accommodation Area or capacityStables for at least 10 horses Minimum 8m² x10Male and female ablutions As per NMBMM requirementsAt least one office with under cover waiting area Approximately 12m²Small kitchenette with serving hatch- connected to administration office

Approximately 9m²

Disabled ablutions and access As per NMBMM requirements

4.3 Access

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Access to remain along existing internal routes.

Existing access to main node to be upgraded

Access to a collection point to be provided with direct access to tented camp/bush lodge by service vehicles and guest transport vehicles only.

Possible development of a tourist road through the “primitive zone” (see diagram above) – to be indicated on overall layout by respondent. Use CDF as basis for road layout (see under 5. Policy and Environmental framework).

Parking standards: conform to Department of Transportation Standards and NMBMM requirements.

4.4 Development platform and envelope (height, size etc.) and spatial requirements

General:

i. Use “Infrastructure Guidelines for Nature Reserves and Natural Open Spaces of Nelson Mandela Bay” as basis for the development of all buildings and signage

ii. Orientate buildings north-south as far as possible

iii. Rectangular shaped buildings preferred

iv. Use “green” building design methods as far as possible (natural cross-ventilation, optimize daylight usage; use shading where necessary to protect against sun exposure, recycling at commercial developments, etc.)

v. All facilities must be disabled friendly

vi. Provide pathways as per Environmental Requirements

vii. Provide signage as per Environmental Requirements

Height:

i. Mostly single storey with limited double storey elements

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ii. Maximum height for double storey = 8,5m above the lowest point of the building on the site (natural ground level)

Size / footprint:

i. Footprint to have the smallest possible impact on environment. New buildings to be located in “disturbed” areas as far as possible with indoor spaces linked to outdoor (covered) areas.

5. ADDITIONAL INFORMATION

Studies completed and available with this document in electronic format on a cd:

DOCUMENT 1: Final Conservation Development Framework for the Springs Nature Reserve. Prepared on behalf of the Nelson Mandela Bay Metropolitan Municipality by SRK-Consulting. August 2010.

DOCUMENT 2: Infrastructure Guidelines for Nature Reserves and Natural Open Spaces of Nelson Mandela Bay. Prepared on Behalf of the Nelson Mandela Bay Metropolitan Municipality by SRK-Consulting. April 2008.

DOCUMENT 3: NMBMM Transactional Advisor Synthesis Report. Prepared for Environmental Management by Peter Miles. November 2009.

DOCUMENT 4: Feasibility Study for Springs Resort. 2007.

DOCUMENT 5: Commercial Criteria to Consider for the Financing of Broad Based Economic Empowerment (BBEE) for Eco Tourisms Projects in the NMBMM. Prepared for the Nelson Mandela Bay Metropolitan Municipality by Rand International Capital.

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6. TOURISM POTENTIAL

Tourism Fact Sheet

TOURISM FACT SHEET SA AND NELSON MANDELA BAY 2008

Total Foreign Arrivals SA 9.6 million Total Foreign Direct Spend in SA R74.20 billion Total Foreign Direct Spend in EC R 3.80 billionAverage Length of Stay in SA 8.2 nights Total Bed nights spent in SA 75.3 million Total Bed nights spent in EC 3.9 millionDirect employment in tourism SA 438,500Direct employment in tourism EC 22,456Indirect employment in tourism SA 603,200Indirect employment in tourism EC 30,891

Total Direct Domestic Spend in SA R25.80 billionTotal Direct Domestic Spend in EC R 3.10 billionNumber of Domestic Trips Undertaken in SA 33.0 millionNumber of Domestic Trips Undertaken in EC 4.8 millionNumber of Domestic Tourists in SA 14.0 million Average number of nights spent in SA 4.5 nightsAverage number of nights spent in EC 5.0 nightsTotal Annual Domestic Bed nights spent in SA 149.0 million Total Annual Domestic Bed nights spent in EC 26.4 million

Hotels Average Room Occupancy in SA 56.0%Hotels Average Room Income in SA R772.80Caravan Parks & Camping Sites Average Site Occupancy in SA 10.3%Caravan Parks & Camping Sites Average Site Income in SA R235.40Guest Houses & Guest Farms Average Room Occupancy in SA 63.7%Guest Houses & Guest Farms Average Room Income in SA R364.50

Port Elizabeth Airport Aircraft landings 2007 30,630Port Elizabeth Airport Departing Passengers 2007 724,000Port Elizabeth Airport Current Passenger Capacity 2 million

Nelson Mandela Bay Number of Accommodation Establishments 391Nelson Mandela Bay Number of Rooms 6 646Nelson Mandela Bay Number of Beds 15 808Nelson Mandela Bay Number of Restaurants 318Nelson Mandela Bay Number of Conference Facilities 95

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Nelson Mandela Bay Number of Conference Seats 23 603Nelson Mandela Bay Leading Tourist Attraction The BoardwalkAverage Number of Annual Visitors to the Boardwalk 3 million

4 of the 5 Global Biomes can be found in the EC7 of the 8 South African Biomes can be found in the ECEastern Cape is home to the ‘Big Seven’ Wildlife Species (Source: Kyle Business Projects from various SA reports and surveys)

7. ENVIRONMENTAL REQUIREMENTS

7.1 Background

The NMBMM is continually striving to redress the legacy of apartheid. One component of this has been the adequate provision of Public Open Spaces within residential areas inhabited by:

(i) historically disadvantaged and (ii) physically challenged citizens

A cursory look at the NMBMM Parks and Nature Reserves in these areas shows, for example, that an enormous imbalance exists between the residents access to developed nature reserves in various areas of the Metro. Various legislation including the Local Government: Municipal Planning and Performance Management Regulations (August of 2001) as well as the Land Use Management Bill (June of 2002) now require that the Metro’s strategic and local planning initiatives redress this imbalance through spatial reconstruction of the municipal area.

It is however important to reiterate that the natural heritage of Nelson Mandela Bay is unparalleled in a Metropolitan Municipality and something of which the NMBMM can be justifiably proud. The need to conserve this extraordinary biodiversity is enshrined in National and Provincial legislation and requires action from all stakeholders within the municipality. Through that approach of protecting biodiversity assets, infrastructure development accompanied with provision of access to NMBMM’s natural resources by the current and future generation should be recognized.

7.2 Environmental Management Principles

These principles are embedded in the Infrastructure Guidelines, Conservation Development Framework (CDF) and other legislative frameworks of other sector departments.

7.3 Generic Requirements

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Undertaking an Environmental Impact Assessment, in terms of the Regulations of the National Environmental Management Act 1998 (NEMA - Act 107 of 1998) and other NEMA based legislation as and when applicable.

Any envisaged sinking and use of boreholes will be subject to obtaining the necessary permits from the Department of Water Affairs.

Footpaths – joint agreement between the Applicant and the NMBMM on network of paths and maintenance.

NMBMM will undertake alien invasive plant clearing and fire prevention research as part of the biodiversity management.

Applicant will need to fence the high-impact areas depending on the nature of development (whether introduction of animals is required or not; and for security purposes or division of recreational activities).

Applicant to contribute towards the security of the natural networks through its own security staff and/or through contributing towards the Ranger Program.

Sewerage may not be treated on-site, unless the development would integrate sewerage treatment as a sustainable design feature, provided that any return flow to the rivers meets DWA Special Water Release standards.

Storm water from any developed areas will need to be held on site as is feasible (harvesting of rain water or any green technology to divert storm water for other alternative uses), so as to prevent increased flooding to the rivers.

7.4 Location based requirements

All footpath upgrades must be done in consultation with the NMBMM, with the necessary erosion control measures.

Applicant can consider introducing non-extra-limital game species, subject to the necessary studies to determine appropriate species, stocking densities and animal husbandry. The Applicant will have to supply this expertise.

8. MINIMUM CRITERIA FOR PROPOSAL DOCUMENT

8.1 Functional and Spatial requirements

The Applicant is to provide the following and annexed as indicated.

Overall spatial concept and preliminary site layout plan , marked as Annexure “G”

The purpose of this annexure is for the Applicant to illustrate the overall spatial concept through the site layout plan (location of proposed facilities and amenities on the landscape and their description) and also explain the level of integration of the proposal with the environment and existing context.

The Applicant is to provide a Site Development Plan to form part of the A3 document (larger drawings to be folded to A3 format) with the following information:

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i. Locality plan indicating the position of the building(s) in relation to the larger nature reserve at a scale of no less than 1:1000.

ii. Site layout plan indicating positions and areas of building(s) at a scale of no less than 1:500.

iii. Conceptual services layout: use site plan format to indicate each on a separate page:

o Storm water layout

o Drainage layout (runs and connections)

o Parking layout (number of parking bays as per NMBMM regulations) and access

o New vegetation including a list of trees and plants

o Disturbance of existing vegetation

o Walkways

o Refuse and delivery areas

o Use of external lighting (if any).

iv. Site layout plan must indicate areas (footprint) and usage of each room.

v. A conceptual section through each building indicating the maximum height (measured from the lowest point of the building to the highest point of the roof) above natural ground levels and efforts made to keep building height as low as possible in relation to the slope of the natural ground level.

Impression of the architectural language used, marked as Annexure “H”

The purpose of this annexure is for the Applicant to illustrate the overall architectural language to be used in the design and illustrate awareness of existing guidelines and documentation in this regard (see 5. POLICY AND ENVIRONMENTAL FRAMEWORK) and how the spatial concept will be carried through to the use of materials and the integration of the project with the landscape and materials.

i. Conceptual list of basic finishes indicating materials to be used including window and door frames, balustrades, all exterior finishes and other items that will be visible from the outside of the building.

ii. A “green”schedule listing and illustrating passive and active methods used to reduce the carbon footprint of each building. For example:

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Passive: orientation, location, natural ventilation, shading devices, materials etc.

Active: rain water harvesting, solar heating/cooling, grey water recycling etc. Also indicate how these devices would be hidden from the public eye or used as part of the aesthetics of the building.

8.2 Legal requirements

The following documents are required from the Applicant;

ALL APPLICANTS: Proposals signed by an Agent or representative: Proposals signed by an agent must be accompanied by a duly authorized Power of Attorney and those signed on behalf of a Company, Close Corporation or Trust, must be accompanied by a certified extract of the Company’s, Close Corporation’s or Trust’s minutes in terms of which such signature is authorized.

Proposals submitted by an INDIVIDUAL shall be accompanied by certified copies of: i. The individual/s identity document; and

ii. A SARS Tax Clearance Certificate issued in respect of Good Standing.

Proposals submitted by a COMPANY shall be accompanied by certified copies of: i. The Company’s Memorandum and Articles;

ii. The Company’s Certificate of Incorporation;iii. The Company’s Certificate to commence business;iv. The Company’s current CM29 or CIPRO Certificate reflecting the Company’s current

Directors;v. A Certificate by the Auditor of the Company confirming the issued share capital of the

Company and the beneficial owners of such issued share capital;vi. The Identity Documents of all Directors and all shareholders and in the event of such

shareholders being a Company, Close Corporation or Trust, the information required in respect of such entities as is contained herein; and

vii. A SARS Tax Clearance Certificate issued in respect of Good Standing.

Proposals submitted by a CLOSE CORPORATION shall be accompanied by certified copies of: i. The Close Corporation’s Founding Statement and all amending Founding Statements or

a currently dated CIPRO Certificate reflecting the Members of the Close Corporation;ii. The Identity Documents of all Members of the Close Corporation.

iii. The Identity Documents of all Members of the Close Corporation and in the event of such members being a Trust, the information required in respect of such entities as is contained herein.

iv. A SARS Tax Clearance Certificate issued in respect of Good Standing.

Proposals submitted by a TRUST shall be accompanied by certified copies of: i. The Trust Deed and any amendments thereto;

ii. The Trust’s Letters of Authority and endorsements thereto;iii. The Identity Documents of all Trustees;

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iv. The Identity Documents of all Beneficiaries and in the event of such beneficiaries being a Company, Close Corporation or Trust, the information required in respect of such entities as is contained herein.

v. A SARS Tax Clearance Certificate issued in respect of Good Standing.

Proposals submitted by JOINT VENTURE VEHICLES or CONSORTIUMS shall be accompanied by certified copies of:

The documentation under which such Joint Venture Vehicle or Consortium has been established (as required above, dependant on the nature of the Joint Venture Vehicle / Consortium), full details of the interests of all parties’ interest in such Joint Venture Vehicle or Consortium and such parties information as required in the aforegoing paragraphs.

8.3 Financial requirements

The Applicant is to provide a chapter within their proposal which outlines the overall business case for the eco-tourism development and indicates overall financial viability:

Tourism market overview:

The proposal needs to clearly indicate an understanding of the tourism market in the NMBMM and the tourism target market segment for the proposed development of the nature reserve. Visitor numbers and types per annum need to be indicated.

Product offering and marketing strategy:

The proposal needs to clearly indicate the features, facilities and products which will be offered by the eco-tourism facility and what the initial prices for these offerings will be. The prevailing prices in the market and of competitor organizations also need to be provided where relevant. The product volumes per annum and pricing structure need to be apparent in the budgeted income statement. An overview of the marketing strategy and medium needs to be provided and correlate with the marketing expenses in the budgeted income statement.

Operating plan and budget:

The operating plan needs to relate to the product offering and indicate adequate staffing and skills levels, facilities and equipment, stock and/or consumables and a sound understanding of the business operating model to be employed. Occupancy or capacity levels should be indicated and where necessary fixed and variable expenses.

Budgeted income statement:

The results of the above analysis need to be presented in an acceptable budgeted income statement format over a five year period from the commencement of operations. Sufficient detail needs to be supplied to be able to gain a meaningful understanding of the operation of the nature reserve. Particular attention needs to be given to the maintenance and preservation of the nature reserve

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such as fence repairs, security systems and personnel, gate control, natural habitat upgrade and the like. A suggested pro forma budgeted income statement is attached herewith as Annexure “E”.

Projected financial statements:

The projected financial statements need to incorporate the budgeted income statement and indicate the source and application of funds for the proposed nature reserve and are to include an income statement, balance sheet and statement of cash flow. Standard ratio analysis and investment return indicators are also to be provided. The debt and equity for the project is to be indicated together with the terms and the source thereof. The projected financial statements need to be for a period that indicates the redemption of all debt, and should be for a minimum of ten years. The projected financial statements should commence from the first lease period and capital expenditure programs need to be clearly indicated.

Economic impact of the project:

The economic impact of the ecotourism project needs to be estimated to the level that anticipated employment during construction and operations needs to provided, with the emphasis being on sustainable employment creation. The direct and indirect economic impact of the ecotourism project on both the local and regional economy should be indicated, with an emphasis on the extent to which local service providers and suppliers will be used, the use of Small, Medium and Micro Enterprises (SMMEs) and the use of Black Economic Empowerment (BEE) suppliers.

9. EVALUATION

9.1 All proposals submitted in terms of the RFP shall be evaluated in terms of the Local Government: Municipal Finance Management Act 56 of 2003 and in particular the Supply Chain Management Policy (incorporating the Acquisition Directives referred to therein) adopted by the NMBMM.

9.2 If no letter of acceptance is received within 3 months of closing date of submissions please consider your proposal to have been unsuccessful.

9.3 A two stage evaluation of proposals will be undertaken.

9.3.1 Firstly each proposal shall be evaluated in terms of the Functionality Criteria Score Sheet annexed hereto marked “A” to measure the expected quality, reliability, viability, sustainability and durability of the expected service so as to minimize any risk to the NMBMM and only those proposals meeting a minimum threshold of 70 points out of 100 will be carried forward for further evaluation.

9.3.2 Secondly, those proposals meeting the requirement reflected above shall thereafter be evaluated on a 90/10 basis, the 90 points being in respect of price (which shall be calculated by totaling the aggregate rentals (including all escalations) proposed for the duration of the

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envisaged lease period and the value of the proposed development (which shall become the property of the NMBMM on the expiry of the envisaged Lease) of the properties expressed in Rands which development the successful Applicant will be required to warrant will be undertaken in terms of any lease to be concluded pursuant to this RFP and the 10 points being in respect of preference points as stipulated in the NMBMM’s Policy and Procedures for the Disposal of Immovable Capital Assets incorporating the Immovable Property Disposal Directives referred to therein.

The value of the proposed development and rental is to be reflected on Annexure “L” hereto.

9.3.3 Applicants must accordingly correctly complete Annexure “A” where applicable (yes/no answers), and supply documentation supporting each answer as indicated.

10. SWORN STATEMENTS

All Applicants shall be obliged to submit a sworn statement in accordance with either Annexure “B” or “C” hereto confirming his/her/its historically disadvantaged status, gender, disability (if applicable), age and domicile.

All Applicants shall further in such sworn statement:

Declare any conflict of interest which they may have in respect of the transaction for which the proposal is submitted and declare where it is in the Service of the State as referred to in the NMBMM’s Supply Chain Management Policy.

Furnish their Income Tax reference numbers, VAT registration numbers and identification or registration numbers.

Confirm whether it has been convicted for fraud or corruption within a five year period prior to submission of its proposal.

Confirm whether it has been engaged in any government contract within a five year period prior to the submission of its proposal.

Confirm that it has no outstanding tax obligations or has made arrangements to meet its outstanding tax obligations to the South African Revenue Services, which fact shall be verified by a certificate issued by the South African Revenue Services.

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Disclose whether it is in arrears (or if it has failed to make suitable arrangements with the NMBMM to settle such arrears) in respect of any charges payable in terms of Section 118 of the Municipal Systems Act.

Failure to submit the required sworn statement, or the submission of a false statement, shall render a proposal null and void.

11. GENERAL TERMS

All amounts quoted by the Applicant must be quoted exclusive of VAT however the rate of VAT applicable at the time of invoicing will apply in respect of the agreement to be concluded with the successful Applicant.

Applicants shall not be permitted to sub-contract any work or item, without the written approval of the NMBMM.

Any Applicant:

o having a conflict of interest in respect of the transaction for which the proposal is submitted or in the Service of the State as referred to in the NMBMM’s Supply Chain Management Policy; and/or

o having been convicted for fraud or corruption within a five year period prior to the submission of its proposal; and/or

o who has willfully neglected, reneged on or has failed to comply with a government or local government contract within a five year period of the submission of its proposal; and/or

o has outstanding tax obligations to the South African Revenue Services in respect of which arrangements have not been made;

o is in arrear in respect of charges payable to the NMBMM in terms of Section 118 of the Municipal Systems Act and has failed to make suitable arrangements to settle such arrears; and/or

o Failing to submit Annexure “D” duly completed and signed and/or whose submissions in Annexure “D” are false; shall be barred from applying.

12. APPOINTMENT

Any appointment pursuant to this RFP shall be subject to the conclusion of an agreement between the NMBMM and the JV to be established between the successful Applicant and the successful

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Community Group or Entity (to be selected by the NMBMM pursuant to a separate competitive bidding process) upon terms and conditions acceptable to the Accounting Officer of the NMBMM and the NMBMM shall be entitled to negotiate the final terms of any such contract provided that it is not done to the prejudice of any other competing Applicants.

Should any successful Applicant fail to sign any required agreement pursuant to this proposal within 30 (thirty) days of date of dispatch of written notification that its proposal has been accepted, the NMBMM shall be entitled, but not obliged, to regard such Applicant's proposal and any award thereof as null and void.

The successful Applicant and JV shall be required to be registered on the database of the NMBMM with the accredited service provider, currently being Quadrem (Contact details: Help Desk – 0861 225 577). Failing which the NMBMM shall be entitled, but not obliged, to regard such Applicant's proposal as null and void.

“Annexure A”

Functionality Criteria Score Sheet – to be included in proposal, and completed where applicable. Mark as Annexure A. Applicant to note the numbering of returnable annexures as described in this table.

CRITERIA Potential Score

Applicant Score (for

administrative use only)

1 Eco-tourism operating experience:

The Applicant has more than five (5) year’s experience in operating an ecotourism facility or establishment.Yes/No Proof of this statement if the answer is Yes is to be attached marked “Annexure F”

10

10

2 Project conceptualisation: Spatial plan and aesthetics:

Quality of conceptual site layout plan indicating overall spatial concept (conceptual site layout plan to be annexed marked “Annexure G”)

Level of integration with environment and existing surroundings (as indicated in the conceptual site layout plan)

Quality of architectural language deleted 3d (annexed marked “Annexure H”)

Appropriateness of proposed facilities within the context of the RFP

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10

5

5

5

3 Operating model and environmental issues:

Proposal indicates acceptable tourism and hospitality industry practices

15

5

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CRITERIA Potential Score

Applicant Score (for

administrative use only)

Proposed development takes cognizance of environmental considerations as alluded to in the RFP

Overall proposal indicates an understanding of the environmental issues relevant to the management and maintenance of the nature reserve and facilities to be situated thereat

5

5

4 Market Assessment: Financial viability and sustainability:

Proposal indicates an understanding of the tourism potential and profile in the NMBMM

Proposal clearly indicates the tourism target market segment for the proposed development and nature reserve

Budgeted income statement to be annexed marked “Annexure E” clearly indicates the expected revenue and expenditure components to be derived and incurred in relation to the proposed development

The proposed marketing strategy of the Applicant in relation to the facility, annexed hereto marked “Annexure I” clearly indicates an acceptable marketing strategy

Ten year projected financial statements indicating, inter alia, the Applicant’s source and application of funds and attached hereto as “Annexure J”

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5

5

5

5

10

5 General Considerations:

Economic impact of the project (i.e. job creation, economic impact etc.), a summary of which is to be attached hereto marked “Annexure K”

The Applicant has understood and has addressed all issues in the RFP and has developed and submitted a comprehensive, viable, well researched, logical, realistic and achievable proposal

10

5

5

6 Extended Public Works Programme:

Identify labour intensive construction activities / works Design labour intensive construction activities / works in

order to optimise / maximise employment of unskilled labour from surrounding communities on the project

10

5

5

TOTAL SCORE 100

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“Annexure B”AFFIDAVIT FOR COMPANIES, CLOSE CORPORATIONS OR TRUSTS

I, the undersigned,

________________________________________________________________________

Identity Number:

_________________________________________________________________________

do hereby make oath and state that:

a. I am a duly authorized representative of: ___________________________________ Limited

Registration No. _________ /___________ /06

b. I am a duly authorized representative of:_______________________________ (Pty) Limited

Registration No. ________ /___________ /07

c. I am a duly authorized representative of:_______________________________________ CC

Registration No. CK _______ / ___________ /23

d. I am a duly authorized representative of:______________________________________ Trust

Registration No.: IT _______________________

the applicant in respect of the attached proposal document.

1. The information reflected in the documentation submitted on behalf of the applicant in

accordance with the RFP is true and correct.

2. The percentage Equity Ownership in the applicant held by Historically Disadvantaged

Individuals, woman and/or persons suffering from a disability is:

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2.1 ____________ % by HDI’s

2.2 ____________ % by Woman

2.3 ____________ % by persons suffering from a disability

3. The applicant’s registered office is _______________________________________________.

4. The applicant’s principal place of business is _______________________________________.

5. The applicant has no actual or likely conflict of interest in respect of the transaction for which

this proposal is submitted nor is the Applicant in the Service of the State as referred to in the

NMBMM’s Supply Chain Management Policy. (delete if not applicable and furnish details of such

conflict of interest)

6. The applicant’s SARS Income Tax Reference Number is ____________________________.

7. The applicant’s SARS VAT Registration Number is ________________________________.

8. The applicant has no outstanding tax obligations or the applicant has made arrangements to

meet its outstanding tax obligations to the South African Revenue Services and a certificate of

the South African Revenue Services is attached hereto in this regard.

9. The applicant and/or its officials have not been convicted for fraud or corruption within a 5 (five)

year period prior to submission of this proposal.

10. The applicant is / is not (delete whichever is not applicable) engaged in any Government or Local

Government contract awarded within 5 (five) years prior to submission of this proposal.

11. The applicant is / is not (delete whichever is not applicable) in arrears in respect of any charges

payable in terms of Section 118 of the Municipal Systems Act. (If in arrears, a copy of a

document evidencing satisfactory arrangements made with the NMBMM is to be annexed)

12. The applicant acknowledges that should any information attested to herein be false, such false

statement shall render the applicant’s proposal null and void and entitle the NMBMM to

terminate any agreement to which this proposal relates.

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____________________________________

I CERTIFY that the Deponent has acknowledged that he/she knows and understands the contents of this

Affidavit which was signed and sworn to before me at PORT ELIZABETH this ________ day of

_____________________ 20______.

COMMISSIONER OF OATHS

NOTE: ANY STATEMENT WHICH IS NOT APPLICABLE IS TO BE DELETED.

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“Annexure C”

AFFIDAVIT FOR INDIVIDUALS

I, the undersigned,

________________________________________________________________________

Identity Number: __________________________________________________________

do hereby make oath and state that:

1. I am the applicant in respect of the attached proposal document.

2. I am a South African citizen and a copy of my Identity Document is attached hereto.

3. I am socially and economically disadvantaged by the legacy of the South African Political

Dispensation prior to 1993 in that I had no franchise in national elections prior to the

introduction of the Constitution of the Republic of South Africa, 1983 or the Constitution of the

Republic of South Africa, 1993 (the interim constitution).

4. I obtained South African Citizenship after the coming into effect of the 1993 interim constitution

of the Republic of South Africa.

5. I am (delete if not applicable): 5.1 A female

5.2 And will be between the age of 18 and 35 at the

date stipulated for the closing of the RFP.

5.3 Disabled (stipulate nature of disability on

separate annexure).

5.4 Domiciled within the area of jurisdiction of the

NMBMM and shall be so domiciled at the date

of closing of the RFP.

6. I am not aware of any actual or likely conflict of interest which I may have in respect of the

transaction for which this proposal is submitted nor is the applicant in the Service of the State

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as referred to in the NMBMM’s Supply Chain Management Policy. (delete if not applicable and

furnish details of such conflict of interest)

7. My SARS Income Tax Reference Number is __________________________________.

8. My SARS VAT Registration Number is _______________________________________.

9. I have no outstanding tax obligations or I have made arrangements to meet my outstanding tax

obligations to the South African Revenue Services and a certificate of the South African Revenue

Services is attached hereto in this regard.

10. I have not been convicted for fraud or corruption within a 5 (five) year period prior to

submission of this proposal.

11. I am / am not (delete whichever is not applicable) engaged in any Government or Local

Government contract awarded within 5 (five) years prior to submission of this proposal.

12. I am / am not (delete whichever is not applicable) in arrears in respect of any charges payable in

terms of Section 118 of the Municipal Systems Act. (If in arrears, a copy of a document

evidencing satisfactory arrangements made with the NMBMM is to be annexed).

13. I acknowledge that should any information attested to herein be false, such false statement shall

render my proposal null and void and entitle the NMBMM to terminate any agreement to which

this proposal relates.

____________________________________

I CERTIFY that the Deponent has acknowledged that he/she knows and understands the contents of this

Affidavit which was signed and sworn to before me at PORT ELIZABETH this ________ day of

_____________________ 20______.

COMMISSIONER OF OATHS

NOTE: ANY STATEMENT WHICH IS NOT APPLICABLE IS TO BE DELETED.

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“Annexure D”CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying proposal in relation to the Springs Nature Reserve in

response to the Request for Proposals made by The Nelson Mandela Bay Metropolitan Municipality do

hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:_______________________________________________________that:

(Name of Applicant)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying proposal will be disqualified if this Certificate is found not

to be true and complete in every respect;

3. I am authorized by the Applicant to sign this Certificate, and to submit the accompanying

proposal, on behalf of the Applicant;

4. Each person whose signature appears on the accompanying proposal has been authorized by

the Applicant to determine the terms of, and to sign, the proposal, on behalf of the Applicant;

5. For the purposes of this Certificate and the accompanying proposal, I understand that the word

“competitor” shall include any individual or organization, other than the Applicant, whether or

not affiliated with the Applicant, who:

(a) has been requested to submit a proposal in response to this Request for Proposals;

(b) could potentially submit a proposal in response to this Request for Proposals, based on

their qualifications, abilities or experience; and

(c) provides the same goods and services as the Applicant and/or is in the same

line of business as the Applicant.

6. The Applicant has arrived at the accompanying proposal independently from, and without

consultation, communication, agreement or arrangement with any competitor. However

communication between partners in a joint venture or consortium will not be construed as

collusive bidding.

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7. In particular, without limiting the generality of paragraphs 6 above, there has been no

consultation, communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market

allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a proposal;

(e) the submission of a proposal which does not meet the specifications and

conditions of the Request for Proposals; or

(f) submitting a proposal with the intention not to win the award.

8. In addition, there have been no consultations, communications, agreements or

arrangements with any competitor regarding the quality, quantity, specifications and

conditions or delivery particulars of the products or services to which this Request for Proposals

relates.

9. The terms of the accompanying proposal have not been, and will not be, disclosed by the

Applicant, directly or indirectly, to any competitor, prior to the date and time of the official

opening of proposals or the awarding of the contract.

10. The Applicant (including any individual Applicant), and no member of the Applicant (if the

Applicant is a Close Corporation), and no director and/or shareholder of the Applicant (if the

Applicant is a Company), and no Trustee and/or beneficiary of the Applicant (if the Applicant is a

Trust), and no person, including juristic persons (and including such juristic person’s members,

directors and/or shareholders, trustees and/or beneficiaries) having an interest in any Joint

Venture Vehicle or Consortium constituting the Applicant has any interest in any competitor.

11. I am aware that, in addition and without prejudice to any other remedy provided to

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combat any restrictive practices related to bids, proposals and contracts, proposals that are

suspicious will be reported to the Competition Commission for investigation and possible

imposition of administrative penalties in terms of section 59 of the Competition Act No. 89 of

1998

and or may be reported to the National Prosecuting Authority (NPA) for criminal

investigation and or may be restricted from conducting business with the public sector

for a period not exceeding ten (10) years in terms of the Prevention and Combating of

Corrupt Activities Act No. 12 of 2004 or any other applicable legislation.

____________

Signature Date

Signature

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"Annexure E"PROPOSAL FOR THE OPERATION OF A NMBMM NATURE RESERVE

BUDGETED INCOME STATEMENTYear 1 Complete Years 2 to 5

Amount AmountTurnover / Revenue Accommodation Food and Beverage Gate Takings Tours / Educational Other Revenue Grants / Donations Cost of Sales Cost of Goods Sold Sub-contractors / Outsourced Services Gross Profit Operating Expenses Accounting Advertising / Marketing Bank Charges Consumables Depreciation Insurance Interest expense - Overdraft Motor Vehicle expenses Maitenance - New Facility Maitenance - Existing Nature Reserve Printing & Stationery Telephone & postage Rental - Office & Equipment Rental - NMBM Concession Salry Wages Employee Benefits Utilities (Electricity & Water) Sundry expenses Other expenses Earnings Before Interest & Tax (EBIT) Interest Expense - Loans Earnings Before Taxation Taxation Earnings After Tax Capital Amortisation - Loans

34

Add: Depreciation Trading Result - Surplus (Deficit)

“Annexure L”This Annexure is to be completed with reference to clauses 2.5 and 9.3.2. All values are to be exclusive of VAT. VAT will be payable on the rental values.

A: Proposed value of development (to be completed by the end of Phase 2) and to become the property of the NMBMM at the termination of the lease:

R_____________________________

B: Value of proposed rental payable to the NMBMM:

B.1: Phase 1: ApprovalsYear Monthly rental Annual rental

Year 1 R________________________ R________________________

Year 2 R________________________ R________________________

TOTAL R________________________ R________________________

B.2: Phase 2: ConstructionYear Monthly rental Annual rental

Year 1 R________________________ R________________________

Year 2 R________________________ R________________________

TOTAL R________________________ R________________________

B.3: Phase 3: OperationYear Monthly rental Annual rental

Year 1 R________________________ R________________________

Year 2 R________________________ R________________________

Year 3 R________________________ R________________________

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Year 4 R________________________ R________________________

Year 5 R________________________ R________________________

Year 6 R________________________ R________________________

Year 7 R________________________ R________________________

Year 8 R________________________ R________________________

Year 9 R________________________ R________________________

Year 10 R________________________ R________________________

Year 11 R________________________ R________________________

Year 12 R________________________ R________________________

Year 13 R________________________ R________________________

Year 14 R________________________ R________________________

Year 15 R________________________ R________________________

Year 16 R________________________ R________________________

Year 17 R________________________ R________________________

Year 18 R________________________ R________________________

Year 19 R________________________ R________________________

Year 20 R________________________ R________________________

Year 21 R________________________ R________________________

Year 22 R________________________ R________________________

Year 23 R________________________ R________________________

Year 24 R________________________ R________________________

Year 25 R________________________ R________________________

Year 26 R________________________ R________________________

Year 27 R________________________ R________________________

Year 28 R________________________ R________________________

Year 29 R________________________ R________________________

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Year 30 R________________________ R________________________

TOTAL R________________________ R________________________