TENDER INVITATION: BUSINESS AND INDUSTRIAL LAND

Transcription

1 TO BE A SMART AND CARING CITY BY 2022 Tel.: Fax: TENDER INVITATION: BUSINESS AND INDUSTRIAL LAND Sale of industrial and business, zoned Properties in Khomasdal, Katutura and Kleine Kuppe, and Pionierspark. Tender HPH 01/2018 Closing Date and Time: Friday, 09 MARCH 2018 at 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: HPH 01/2018 (COMMERCIAL PROPERTIES) must be delivered unopened and deposited in the Tender Box, at Rev Michael Scott Street at the Erf Sales and Enquiries, Windhoek not later than the closing time. The name and the full address of the tenderer should appear on the outside of the envelope. Tenders will be opened and read out to the public at the Customers Care Centre as from 11:00 on the closing date of FRIDAY, 09 MARCH Documents to be attached: [Note if not attached such preference SHALL NOT be considered]: 1 (1) Copy of registration certificate/trade license of Ministry of Trade and Industry. (2) Copy of certificate/document to substantiate any claim as being a small scale industry. (3) Copy of certificate/document to substantiate any claim regarding location in communal areas/underdeveloped areas. (4) Information regarding subcontractor/subvendor/subsupplier. (5) Documentary proof regarding training programmes, apprenticeship courses, affirmative action programmes or activities, or other programmes or activities benefiting disadvantaged or handicapped Namibian citizens. (6) Copy of business registration certificate/trade license of City of Windhoek (7) Copy of shareholding certificates 1 Attachments must be numbered and marked - Tender will not be considered if documents are omitted. 1

2 TO BE A SMART AND CARING CITY BY 2022 STRATEGIC EXECUTIVE: HOUSING, PROPERTY MANAGEMENT AND HUMAN SETTLEMENT Tel.: Fax: SECTION A: TENDER FOR UNIMPROVED PROPERTIES A. TENDER INVITATION The City of Windhoek hereby advertises the sale of 33 unimproved, industrial and business zoned Erven in Khomasdal, Katutura, Kleine Kuppe and Pionierspark. The eerf sizes ranges between 303 m² and 18,168 m² in extent, and the upset prices between N$196, and N$17,152, TENDER No.: HPH 01/2018 "PROPERTIES TENDER: HPH 01/2018 (COMMERCIAL PROPERTIES) : Tenders are hereby invited for the sale of 33 TITLE: industrial and business, zoned unimproved properties situated in CLOSING DATE AND TIME: TRAINING SESSION: TENDER DOCUMENTS: LAST DATE TO BUY DOCUMENTS: LEVY (non-refundable): ENQUIRIES TECHNICAL: ENQUIRIES PROCUREMENT: DELIVERY ADDRESS: Khomasdal, Katutura, Kleine Kuppe and Pionierspark. Two Tenders, one original and one copy thereof in sealed envelopes marked "PROPERTIES TENDER: HPH 01/2018 (COMMERCIAL PROPERTIES) must be addressed and delivered, as set out hereunder, not later than 11:00 on FRIDAY, 09 MARCH No tenders will be considered if such tender had not been delivered - or had not been deposited in the TENDER BOX at Customer Care Centre - by that time and date. A Training Session would be held on 21 FEBRUARY 2018 at 09h00 in the NIPAM Executive Conference Hall to advise prospective tenderers on the requirements of the completion of the Tender Document. Tender documents (Tender Conditions) will be available as from WEDNESDAY, 14 FEBRUARY Prospective tenderers can access the City s website at ( NB The tender documentation on the website to be treated for viewing only. Only those obtained at the Customer Care Centre will be used for tendering purposes. The last date for selling of the Tender Documents will be TUESDAY, 06 MARCH 2018, and no Tender Documents will be sold thereafter. Non-refundable fee of N$ (V.A.T. inclusive) Mr. R. Van Rooi or Mr E. T. Shapopi Tel: (0) or rvr@windhoekcc.org.na or eli@windhoekcc.org.na Ms. Ivy Matali or Ms. C. Bezuidenhout Tel: (0) / Ivy.Matali@windhoekcc.org.na or Colette.Bezuidenhout@windhoekcc.org.na Property Management P O Box 59, Windhoek Customer Care Centre or MARKED TENDER BOX at CUSTOMER CARE CENTRE, City of Windhoek - Reverend Michael Scott Street, Windhoek Mrs. S. Simpson, Manager: Property Management Strategic Executive: Housing, Property Management and Human Settlement Notice No. 09/2018 2

3 THE FOLLOWING CORE CRITERIA WILL BE EMPLOYED AND NON COMPLAINCE WILL LEAD TO DISQUALIFICATION If the tenderer completes more than one document. If all pages of tender documents and attachments are not initialled. If the applicable method of payment is not ticked If tendered prices below the upset price 5. If tenderer did not submit a copy with ORIGINAL document 6. If tenderer was previously in breach with Municipal Council of Windhoek in terms of property related agreements and payments. 7. If the tenderer submits a document purporting to be a letter of undertaking from an institution which is not recognized in terms of the relevant laws. 8. If tender document is not completed by tenderer. 9. If the Financial Intelligence Act compliance form not completed and attached. 3

4 SECTION A CITY OF WINDHOEK FORM OF TENDER TENDER FOR THE SALE OF UNIMPROVED AND VACANT PROPERTIES IN KHOMASDAL, KATUTURA, KLEINE KUPPE AND PIONEIRSPARK A2 TENDER CONDITIONS A1 These conditions of tender are issued by the Strategic Executive: Housing, Property Management and Human Settlement (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 A1 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. A2 It is the tenderer s responsibility to check completeness of different Parts of the tender, preferences to be claimed and documents attached including number of pages, tender drawings etc. Prospective tenderers are free to visit the Property Staff at the Customer Care Centre, Rev. Michael Scott Street, Windhoek for assistance and guidance before completion of the documents. A list of tenderers making enquiries will be kept for future reference. A3 The Tenderer must attach a table of content indicating all the annexures attached to the tender document. A4 COST OF TENDERING A1 The cost of tendering, submission of Diagrams and Plans and other documentation required or appointment of contractors or consultants by a tenderer to prepare tender documents or drawings is the tenderer s responsibility and must be done at its own cost and will not be refunded by City of Windhoek. A5 LODGING AND OPENING OF TENDERS A5.1 The completed Two tender proposals, the original document and one copy thereof, Documents and Annexures, duly completed, initialled on each page and signed, must be parcelled together and sealed and endorsed on the outside with the name, number and due date of the Tender together with the name and address of the Tenderer. A5.2 Tender document and attachments are not initialled, signed or completed in all respects shall be disqualified 2 as well as those tenders which are incorrectly completed or which do not have the required supporting documents required. Tenderers should note and peruse the footnotes given as guidelines. A5.3 Telegraphic, ed and facsimile tenders are not acceptable and will be disqualified. A5.4 Tenderers tendering for more than one property may indicate all the properties on one tender document at the indicated spaces, and proper completion of the clearly indicated alternatives also at 2 Note all clauses and footnotes that indicate when a tenderer might be disqualified. 4

5 the same time by adhering to the qualifications in terms of Section B: Part 3 paragraph 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. A6 EVALUATION A6.1 The tenders received will be evaluated according to a points system. A6.2 The points system for this tender is set out in Section B: Part 4 to the Conditions of Tender. A6.3 The tenderers will be evaluated in respect of its credit rating within the Council; and previous default and breaches of Contract which occurred. If the tenderer is submitted by a legal entity, the credit rating will also take into consideration the personal credit rating of its director/s, member/s, trustee/s or representing the legal entity. The same will apply vice versa for natural persons tendering who had been serving as director/s, member/s, trustee/s for defaulting legal entities. A6.4 The tenderer must not have defaulted in respect of any tender or development condition in respect of a previous sales or tender or auction conditions in respect of a property directly acquired from the Council. A6.5 Preference will be given to first entrants into the market and registered SME s. A6.6 Council retains the right to allocate only one property per tenderer received and for this purpose may take cognisance of properties already owned or registered in the name of the tenderer or its director/s, member/s, trustee/s. A7 COMPLIANCE AND ALTERNATIVES A7.1 Tenders submitted must comply strictly with the requirements of these documents. A7.2 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. 3 A8 VALIDITY AND ACCEPTANCE A8.1 Tenders shall remain valid for acceptance after date of closing of tender for a period of ONE HUNDRED AND TWENTY (120) days. A8.2 The acceptance of any tender, if such acceptance is conditional upon proposed variations or counter proposals, shall not be construed to constitute a counter offer by the City of Windhoek. A8.3 The City of Windhoek does not bind itself to accept the highest or lowest or any other tender. A8.4 The purchase considerations tendered for the Erven and development investments as stated in Section B, Part 2 shall be binding. [Tenderers should note that the City of Windhoek fixed the upset prices for the above-mentioned Erven and lower purchase considerations tendered would not be considered. The said upset prices are reflected in Section B, Part 2, *Table A.] A9 CONFIDENTIALITY & COPYRIGHT A9.1 Tender documents issued by or on behalf of the City of Windhoek shall remain within the copyright of the City of Windhoek. A9.2 Tenderers shall treat all aspects pertaining to this tender as confidential and shall not disclose details to third parties except for bona fide tendering purposes. A10 DEFAULTS A10.1 A tenderer withdrawing his/her/its tender within the period of validity after date of closing of tender or failing to enter into a contract when called upon shall pay to the City of Windhoek default damages stated in the Section B: Part 3 of the Conditions of Tender. 3 Disqualified if tender s intention on the properties tendered for are unclear. 5

6 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 Preferential allocation of tenders earmarked for first entrants and registered SME s shall be considered by the City of Windhoek. A12 Copies of the said Evaluation Preferences and Point System in terms of Council Resolution 317/10/2002 and 194/07/2015 are set out in Section B, Part 4 as completed by Tenderer in Section B, Part A13 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. A14 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. A15 The City reserves the right to reject a tender received, if a default as set out in A10 has previously occurred. A12 ADDITIONAL CONDITIONS OF TENDER Depending on the interest and outcome of tenders submitted and numbers received, the City reserves the right to allocate only one erf per tenderer and to tenderers that are registered SME s and first entrants into the commercial market. If additional conditions of tender are applicable, these are set out in the Section B, Part 3 and the draft Deed of Sale attached to the Conditions of Tender. A13 ENQUIRIES A11 All enquiries in connection with this tender shall be directed in writing ( 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. A12 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 Any verbal information given or perceived to have been given shall not be binding on the City of Windhoek. A14 Format of Tender Kindly ensure that each page of the document and Annexures accompanying the two Tender Forms are initialled by all parties and documents fully signed by the tenderer. 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 and initialled. 6

7 A11 Section A: Advertisements and Tender Form (all pages to be initialled) A12 Section B: Tender and Tender Conditions (all pages to be initialled) A11 Part 1 A12 Part 2 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 Tender Form: A11 A12 A13 A14 A15 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. Payment Methods: To be completed by Tenderer/s and verification certificates (where applicable must be obtained from Council prior to closing date of tender Sound Financial Capacity/Administration: Tenderer/s must submit information Development Costs: To be completed by Tenderer/s Development Period: To be completed by Tenderer/s A13 Part 3 Tender Conditions and Tender Undertaking Must be initialled and Signed by Tenderer A14 Part 4 (all pages to be initialled) Evaluation Criteria; Points and Preferences A15 Section C: Annexure A (all pages to be initialled) Draft Deed of Sale (all pages to be initialled) 7

8 SECTION B PART 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 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. Contact Person: VAT Registration No: 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. 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 4 The name of the entity in whose name the property is to be transferred has to be indicated 5 Business Registration at City of Windhoek as business entity(where applicable)must be entered here

9 - 2-2 SPECIFIC PARTICULARS OF TENDERER FOR CONSIDERATION OF PREFERENCES 6 Full name of the tenderer to be inserted in Deed of Sale and in whose name transfer is to be effected: 7 Domicilium Address (Full postal and street address of tenderer for documentation): Telephone or contact number: 3 PARTICULARS FOR TENDER PREFERENCES 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.). 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 Group 8 Motivate: Female 9 First time Purchaser Person with disabilities 10 Motivate: Note: Racially disadvantaged persons/ Black Empowerment Group i.e. all persons who belong to a racial or ethnic group which was or is, directly or indirectly, disadvantaged previously as a consequence of social, economic, or educational imbalances arising out of racially discriminatory laws or practices before the Independence of Namibia and if black empowerment group the shareholding of the company must be listed under motivation to determine if the majority shareholders indeed qualify 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 6 See subparagraph A11- must be completed, if preference is claimed. 7 Must be completed by tenderer: failure to do so will lead to disqualification 8 Note the definition with regard to Racially disadvantaged and shareholding in company 9 Note the definition with regard to claim for female preference if it is a company 10 Note the definition with regard to claim for persons with disabilities

10 - 3 - 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 blackempowered 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 Tender Evaluation of Preferences under Economic Empowerment and Citizenship The following information will be evaluated: - Emerging entrepreneurs (Backyard/Home occupations/municipal Industrial Stall Owners/Market Stalls Owners) - SMME s (must have proof of registration from Ministry of Trade and Industry) - Employment created (creating of employment opportunities) - Previous ownership/shareholding of commercial land within the Windhoek municipal area - First Time entrants to the Commercial Land Market 1 Directors/Members of tendering Company/Closed Corporation/ Partnership/ Legal Entity and its shareholding 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:...

11 - 4 - Registration No. and date:... Financial interests held by a Namibian/Namibia company (if any, details) 3 Capital structure (a) Capital owned by Namibians/Namibia company:... (b) Capital owned by Foreigners/Foreign company:... 4 Shareholding: (State shareholding of shareholders and indicate percentages owned by different parties) 5 Particulars of Business/Organisation (In addition, a full Business Plan 11 to be submitted) (a) Nature of activities: (b) Is it a small-scale industry according to the Ministry of Trade and Industry? (Yes/No?)... (c) If yes, please provide details and attach proof of registration: Is the tenderer located in settlement areas/underdeveloped areas notified by the Ministry of Trade and Industry? (Yes/No?)... If yes, please provide details:... (d) (e) Particulars of structured training programmes/apprenticeship courses of approved standards for labour/technical staff and managerial cadre/specialised training of women and handicapped persons/other programmes or activities benefiting disadvantaged Namibia citizens/assistance, sponsorship, bursaries, etc. provided to vocational training centres. Attach documentary evidence in support: Particulars of affirmative action programme/activities undertaken such as promoting advancement of disadvantaged Namibian citizen; emerging Namibian entrepreneurship, women and handicapped persons; achieving a balanced structure of managerial cadre, etc. Attach documentary evidence in support: 11 A detailed business plan describing the business proposal and including market analysis (size, competition etc.), marketing, financial analysis, management etc. needs to be attached.

12 - 5 - (f) (g) Particulars of Employment Opportunities to be Created if successful in acquiring land for Office or Business purposes:... Particulars and Proof of Good Standing with the Social Security Commission has to be submitted. Emerging SMMEs not yet registered with the Social Security Commission would be granted permission to participate in tendering, even though unable to produce Good Standing Certificates, but be requested to produce such certificates only once contracts are to be recommended to them. 6 Organisational strength Category Managing Total Number Nr of Females Number of Namibians Number of formerly disadvantaged Namibians Number of foreigners Director/Directors Managers Office personnel/staff Technical supervisors Skilled labour Unskilled labour Contract staff/labour Total No. of women No. of handicapped persons

13 - 6-7 Commercial Buildings and Land owned by Tenderer or tenderers shareholding or membership in legal entities: Erf Descriptions Unimproved Erven Area used Total in m² Area occupied Area built Area used for manufacturing/assembling/workshop Area used for office Area used for storage Others 8 Registration/trade licence number with City of Windhoek under Business registration regulations 12 Company/contractor/supplier/trader Registration No. and date:... Trade licence No. and date:... Operational field/objectives (if any, details)

14 - 7 - SECTION B: PART 2 1 TENDER TENDER FORM The tenderer/s in Section B, Part 1 hereby tender/s to purchase from the City of Windhoek vacant property as set out in Table A hereunder, for a total purchase consideration and development as tendered in Table A. Tenderer/s wishing to submit alternatives on their option for the particular property should clearly indicate as such in the space provided. The Council however retains the right to allocate (depending on the demand and tenders received) one erf per tenderer and to first entrants and SME s. Should the space provided not be sufficient, please provide the additional information on a separate page (in a similar format). The additional page should also be properly initialled. NOTE! The tenderers of Erf 1334 Pionierspark must take note that the Deed of Sale for the sale of Erf 1334 Pionierspark to the successful tenderer will only be signed after the finalisation of the Town Planning and Cadastral Procedures as indicated in Council Resolution 245/10/2017 forming part of this Tender Document, but subject to the Non- Refundable Deposit Fee being paid upon allocation of the Erf as indicated in Section B: 3 below (the non-refundable deposit fee in this case shall be deducted from the purchase price and the balance of the purchase price is payable as set-out under Section B:3). The Town Planning and Cadastral Procedures should be finalised within 18 months from the date of the approval of the tender allocation, failure which the tender allocation will be withdrawn/cancelled, and the non-refundable deposit paid to the Windhoek Municipality will be forfeited in favour of the Municipality and the property will be offered/extended to the next qualifying tenderer. 2 TENDERED PRICE: To be completed by Tenderer/s 13 : Kindly note that tendered price must be completed excluding VAT payable. *TABLE A [Note Abbreviation: Kat = Katutura, Kdl = Khomasdal, KK = Kleine Kuppe, PP = Pionierspark] (Herein referred to as the "PROPERTY") ERF NO EXTENT m² ZONING/ DENSITY UPSET PRICE 14 N$ Kat Kat 450 m² 450 m² Industrial with a bulk of 0 Industrial with a bulk of 0 TENDERE D PRICE *N$ 15 N$271, N$ N$ N$271, N$ N$ TENDERED DEVELOPMENT 16 *N$ 13 This part must be correctly completed otherwise tender would be disregarded 14 Note subparagraph 2 of Part See subparagraph 1 of Part 2 15 Fill in ground price tendered. Note disqualification warning if failure to complete 16 Fill in full development intended see subparagraph 5.1 of Part 2

15 - 8 - ERF NO Kat Kat Kat Kat Kat 5383 Kdl 5390 Kdl EXTENT m² 325 m² 447 m² 362 m² 303 m² 315 m² 493 m² 510 m² ZONING/ DENSITY Industrial with a bulk of 0 Industrial with a bulk of 0 Industrial with a bulk of 0 Business with a bulk of 0 Business with a bulk of 0 Business with a bulk of 0 Business with a bulk of 0 UPSET PRICE 14 N$ TENDERE D PRICE *N$ 15 N$196, N$ N$ N$268, N$ N$ N$219, N$ N$ N$342, N$ N$ N$357, N$ N$ N$556, N$ N$ N$576, N$ N$ TENDERED DEVELOPMENT 16 *N$

16 - 9 - ERF NO 5399 Kdl 5400 Kdl 5401 Kdl 5402 Kdl 5404 Kdl 5413 Kdl EXTENT m² 461 m² 552 m² 547 m² 502 m² 410 m² 1,219 m² ZONING/ DENSITY Industrial with a bulk of 0 Industrial with a bulk of 0 Industrial with a bulk of 0 Industrial with a bulk of 0 Industrial with a bulk of 0 Industrial with a bulk of 0 UPSET PRICE 14 N$ TENDERE D PRICE *N$ 15 TENDERED DEVELOPMENT 16 N$312, N$ N$ N$375, N$ N$ N$371, N$ N$ N$341, N$ N$ N$279, N$ N$ N$919, N$ N$ *N$

17 ERF NO 5415 Kdl 5424 Kdl 5426 Kdl 5427 Kdl 5428 Kdl 5429 Kdl 5430 Kdl EXTENT m² 745 m² 480 m² 588 m² 480 m² 480 m² 480 m² 558 m² ZONING/ DENSITY Industrial with a bulk of 0 Industrial with a bulk of 0 Industrial with a bulk of 0 Industrial with a bulk of 0 Industrial with a bulk of 0 Industrial with a bulk of 0 Industrial with a bulk of 0 UPSET PRICE 14 N$ TENDERE D PRICE *N$ 15 N$561, N$ N$ N$375, N$ N$ N$443, N$ N$ N$362, N$ N$ N$362, N$ N$ N$362, N$ N$ N$420, N$ N$ TENDERED DEVELOPMENT 16 *N$

18 ERF NO 5432 Kdl 5433 Kdl 5437 Kdl 5446 Kdl 5447 Kdl 5448 Kdl EXTENT m² 480 m² 480 m² 336 m² 468 m² 384 m² 384 m² ZONING/ DENSITY Industrial with a bulk of 0 Industrial with a bulk of 0 Business with a bulk of 0 Business with a bulk of 0 Business with a bulk of 0 Business with a bulk of 0 UPSET PRICE 14 N$ TENDERE D PRICE *N$ 15 TENDERED DEVELOPMENT 16 N$362, N$ N$ N$362, N$ N$ N$378, N$ N$ N$530, N$ N$ N$435, N$ N$ N$435, N$ N$ *N$

19 ERF NO 5449 Kdl 5453 Kdl 5454 Kdl 287 KK 1334 PP EXTENT m² 384 m² 384 m² 384 m² 3,325 m² 18,168 m² ZONING/ DENSITY Business with a bulk of 0 Business with a bulk of 0 Business with a bulk of 0 Business with a bulk of 0 Business with a bulk of 0.5 UPSET PRICE 14 N$ TENDERE D PRICE *N$ 15 N$435, N$ N$ N$435, N$ N$ N$435, N$ N$ N$5,894, N$ N$ N$17,152, N$ N$ TENDERED DEVELOPMENT 16 *N$

20 TENDERED PAYMENT METHOD (To be completed by Tenderer/s) The tenderer undertakes to pay the tendered purchase consideration for the Property in clause 2 of Part 2 of Section B as follows: 1 Cash 17 The total purchase price totalling N$... (.... Namibia Dollars and... Cents) is payable in cash or per bank guaranteed cheque within forty eight (48) hours from date of sale: Provided that should payment be late the SELLER may grant extension of time in terms of the provisions of clause 3 hereof and if payment is made after 48 hours from the date of sale, interest thereon, at the rate of fifteen per cent (15 %) per annum is payable. OR 18 2 Reservation Fee pending submission of a Bank Guarantee [Once off method of payment only to approved Purchasers defined in clause 2] The prescribed non-refundable Reservation Fee in the amount of 0.5% of the Tendered Price is payable against signing of the Reservation Allocation Letter. Where a reservation fee has been paid, the total purchase price, together with interest thereon, calculated at the rate of 15 % (twenty percent), calculated monthly in advance on an annuity basis from the date of sale of the PROPERTY to payment thereof, shall be payable on or before date of registration of the transfer of the PROPERTY into the name of the PURCHASER. The PURCHASER undertakes to provide to the SELLER, within 60 sixty days from the date of sale, a Bank or Financial Institution Guarantee, payable against registration of transfer, for the full purchase price and interest as well as all amounts due to the SELLER in terms of this Agreement. (Note! Method of payment under 3 below only applicable to Erf 1334 Pionierspark) 3 Payment of Non-Refundable deposit together with bank guarantee A non-refundable deposit of 5 %, being N$..., of the accepted tender amount being is payable within 48 hours from the date of the Tender Allocation: Provided that the Tenderer within the periods allowed to 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 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 60 (sixty) days from the Date of Sale, plus 15 % Value Added Tax. 2 An approved purchaser for purposes of this sub-clause must at the time of signing of this Agreement, elect (by means of a Tick [ ]) one of the methods of payment in clauses 1, 2 or Should the PURCHASER fail to choose any single method of payment, clause 3 read with clause 1 shall apply. NOTE: At the time of signing of this Tender, one of the methods of payment 1 or 2 is to be agreed upon by way of ticking the applicable box. 17 Please tick the box of the method of payment applicable. Note disqualification warning if failure to elect method of payment. 18 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.

21 CONDITIONS PRECEDENT 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 is not made or submitted timeously, this Tender will not commence but will be null and void. 2 Notwithstanding the provisions of the conditions of the tender document, occupation shall not be given prior to the fulfillment of the applicable condition. 3 The City of Windhoek in its sole discretion may apply the provisions hereof or grant extension of time for payment/submission of a guarantee, subject to payment of interest in the case of both payment methods. Should the City of Windhoek elect to so grant extension of time it shall not derogate from the condition precedent created in this clause of Part 4 Payments: 1 Payment as per sub clause 1 (total in cash) plus the amount in clause 3; or 2 Provision of a Bank or Financial Institution Guarantee as per sub-clause 2 and 3 of this part 2 within sixty (60) days after having been requested to do so plus the amounts in clause 3 (Note: the payment method under 1 shall follow that elected, or deemed to have been elected, under either of clauses 1, 2 or 3 of this Part 2) 3 In addition to the above payments in either clauses 1 or 2 of this Part 2 an amount of N$3, (Three Thousand Namibia Dollars Only) 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 The full payment of 15% VAT in cash or bank guaranteed cheque on the tendered purchase price shall be payable on the date of sale and may not be included in a Bank or Financial Institution Guarantee. 5 Condition Precedent Applicable to Purchaser It is a further condition precedent to this Tender that the Tenderer of a non-residential Erf must submit proof and substantiate that he/she /it has the financial means to acquire the PROPERTY by the submission of a financial institution undertaking for funding or proof of financial means to pay the purchase price. The sale is further subject to the conditions that the Tenderer has a sound credit rating, if investigated, and no previous defaulting Erf sales record or cancellation of a tender or auction sale with the City of Windhoek. The City of Windhoek will treat the above information in strict confidence. If the tenderer is submitted by a legal entity, the credit rating will also take into consideration the personal credit rating of its director/s, member/s, trustee/s or representing the legal entity. The same will apply vice versa for natural persons tendering who had been serving as director/s, member/s, trustee/s for defaulting legal entities. 6 Failure to elect Method of Payment Should clause 1 of Part 2 of Section B of this Tender not be properly completed or should the methods of payment, which is not applicable, not be properly struck out and initialled, the Tender shall be disqualified. 7 Financial Proof of Soundness/Financial Undertaking/Guarantee (MUST BE SUBMITTED BY TENDERER, if not the Tender shall be disqualified.)

22 *** I/We the tenderer/s referred to in Part 1 attach hereto my/our proof of financial standing/capability/ statement/s of my/our approved financial institution. 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. 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. 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 DATE 19 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 * 5.3 Spend the following capital 21 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. 19 Must be completed by tenderer otherwise tender will not be evaluated as point system applicable. 20 Must be completed 21 Must be completed

23 SECTION B: PART 3 CONDITIONS OF TENDER 1 TENDER DOCUMENTS 1 On submission of the Tender, [ entailing the completed Two tender proposals, the original document and one copy thereof, Documents and Annexures, duly completed, initialled and signed], Tenderers will be deemed to have acquainted themselves fully with the Tender Documents, Tender Agreement, the site conditions, access thereto, local laws and requirements, documents required and all aspects of the tender, prior to tendering, submission of the tendered purchase consideration and submission of their Tender. 2 Parts 1 and 2 of Section B must be completed. 3 All pages of the full Tender Form as well as the Tender Agreement and all Annexure must be initialled and be fully signed by the Tenderer at the spaces where it is required. 4 All prices quoted and payments shall be in Namibian Dollar. 5 Tenderers must take note that the successful tenderer has to bear all the costs with regard to transfer and stamp duties, tendering, planning, design, connection, construction costs of additional improvements, if need be, on the Property. 6 Tenderers should note that tenderers would not be entitled to submit tenders in joint ventures with undisclosed partnerships. 7 The priorities of the tenderer should clearly be indicated in the tender submitted and Table A may be used for this purpose. 8 In evaluating clause 5 of Section B, Part 2 the following will be considered: - Would the immediate surrounding community object to the proposed development? - Would the development supplement the area? - Would the development be of any benefit to the surrounding community? - Has the tenderer acted in default as set out in clause A6.3 and A6.4 or A10 of Section A? 9 The terms and conditions of the Tender and any other drawings, plans, documents, which may accompany the same will form an integral part of this sale altogether. 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. 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, Any prospective tenderer wishing to acquire land under clause 2 must submit and obtain a verification certificate/credit Check form from the City, prior to the closing date of sale as per Section B Part 2, clause

24 DISQUALIFICATION 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 Non-compliance with the formal requirements of the tender, for example comprehensive signing or initialling of tender documents, provision of proof of financial ability, provision of details and sketch plans (if required) of the proposed development and other improvements will result in disqualification of the tenderer/s concerned 22. Prospective tenderers are free to visit the offices of the Property Division at the Customer Care Centre Municipal Head Office Windhoek for assistance and guidance before completion of the documents. A list of tenderers making enquiries will be kept for future reference. 3 Tenderer/s who have a poor credit history and repayment record at the City of Windhoek for any municipal rental; loan, rates or services accounts may, and probably will, result in disqualification of the tenderer/s concerned as a credit clearance certificate from the Department of Finance of the City has to be obtained for consideration as a tenderer. 4 The tenderer must not have defaulted in respect of any tender or development condition in respect of a previous sales or tender or auction conditions in respect of a property directly acquired from the Council. 3 INFORMATION AND DOCUMENTS TO ACCOMPANY TENDER 23 1 Tenderer/s must submit, if indicated, the following documents and must complete the following information on the tender documents:- 1 The particulars of the tenderer/s as stated in Section B, Part 1 and Evaluation Criteria for Preference Criteria claimed. 2 The purchase considerations tendered for the Erf/Erven as stated in Section B, Part [Tenderers should note that the City of Windhoek fixed the upset prices for the Erven and lower purchase considerations tendered would not be considered. The said upset prices are reflected in Section B, Part 2 Table A.] 3 The method of payment, which the tenderer/s will use, for payment of the Erf/Erven in terms of the Deed of Sale, should the tender be allocated. Any prospective tenderer wishing to acquire land under Part B, Section 2 clause 2 must submit and obtain a verification certificate from the City, prior to the closing date of sale as per Section B Part 2, clause 2 4 The proposed uses of the PROPERTY. The tenderer should state whether subdivision or sectional title development is intended 5 Description and brief details of the proposed development. 6 The completion date of proposed development. 7 The estimated development costs and capital to be invested in development of the PROPERTY (escalation and ground price tendered excluded). 2 The following documents must be completed (as far as applicable) and accompany the tender: 24 1 Evidence that the tenderer is financially in a position to pay the tendered purchase consideration. Where the tenderer does not possess own finances but intends making use of any loan, proof must be submitted that such loan is available and indicate the terms under which it is available. 2 It will be sufficient proof of the condition set out in sub-paragraph (1 above) of Part 3 if the tenderer submits a letter of a financial institution regarding the tenderer s financial standing or 22 This condition is material to the tender being considered or not 23 This condition is material to the tender being considered or not. 24 This condition is material to the tender being considered or not.

25 rating or an undertaking or a statement from a recognised bank or financial institution together with its tender in which it is declared that the said recognised bank or financial institution would finance the acquisition and development if the tenderer should be the successful tenderer or alternatively that the tenderer has funds available to enable it to carry out the responsibilities under the tender. The amount as approved by the bank or financial institution as tendered for should be clearly indicated in such letter. 3 Tenderers must submit a salary statement or proof of income to the tender which information will be handled with due confidentiality. 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 5 Tendering companies or legal entities must submit proof of good standing with the Social Security Commission. Emerging SMMEs not yet registered with the Social Security Commission be granted permission to participate in tendering, even though unable to produce Good Standing Certificates, but be requested to produce such certificates only once contracts are to be recommended to them. 6 Tenderers must submit proof of preferences claimed in Part 7 Tenderers that operate as a company, closed corporation or business must submit proof that such business has been registered with the City under its Business Registration Regulations, 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. 9 Any prospective tenderer wishing to acquire land under Part B, Section 2 clause 2 must submit and obtain a verification certificate from the City, prior to the closing date of sale as per Section B Part 2, clause 2 4 CLOSING DATE, TIME AND PLACE OF TENDER AND ATTESTATION OF FINAL DOCUMENTS 1 The completed Documents, duly completed and signed, must be parcelled together and sealed and endorsed on the outside with the name, number and due date of the Tender together with the name and address of the Tenderer. 2 The tender shall close at 11:00 on FRIDAY, 09 MARCH No tenders which have not been deposited in the Tender Box, at Town House, Customer Care Centre, 80 Reverend Michael Scott Street, Windhoek, by 11:00 on FRIDAY, 09 MARCH 2018, will be considered. 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 allocation being cancelled and extended to the next qualifying tenderer. 5 ALLOCATION OF TENDER 5.1 The City of Windhoek shall not be obliged to accept any or all of the tenders but reserves the right to refuse to accept any or all tenders without submitting reasons therefor. 5.2 The City of Windhoek may, at its own discretion also call for further tenders, and/or to negotiate privately, should it be advisable in the City of Windhoek's opinion after considering the response to this tender. 5.3 Tenderer/s should note that the tender would not necessarily be allocated to the highest tenderer, but for first entrants and SMME s and the best proposals from which the Tender Criteria attached. Section B, Part 1 and Part 4 will be used in evaluation of Tender Proposals. 5.4 It is an expressed and non-negotiable condition of this tender that the City of Windhoek, its councillors, employees, contractors, consultants or any other party whomsoever does not give or imply any warranties with regard to any aspect of this tender, nor that any representations or statements made by one or more of the parties identified above, shall be of any force or effect. 5.5 Tenderers must acquaint themselves with the provisions of clauses 7 and 8 of this Part of the Tender 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

26 conditions and that it noted that no compensation will be payable for patent or latent defects and no reduction of the purchase price will be considered or effected to compensate for the same nor would the tenderer be allowed to cancel this agreement after discovery of the same. 5.6 The City reserves the right to allocate only one erf per tenderer. 6 LEGAL SYSTEM APPLICABLE 6.1 The legal system applicable to this tender and any agreements arising there from will be that of Namibia. The elected domicilia of any agreement will also therefore be that of Namibia. 6.2 In the case of reference to any legislation in this tender or any documents accompanying same, such reference shall also include the reference to any possible amendment thereto or legislation coming into the place of the existing legislation. 6.3 This tender shall also include all guidelines, documents, plans, et cetera which are submitted with the tender or which are referred to in the tender documents. 7 ERECTION AND USE OF BUILDINGS AND USE OF LAND 7.1 Tenderers should note that the following primary uses are applicable to the properties in terms of the Town Planning Scheme: USE ZONE (1) IV Business PRIMARY USES (2) Shops, Business buildings, dwelling units, residential buildings and social halls CONSENT USES (3) Other uses not under columns 3 and 4 PROHIBITED USES (4) Noxious industrial buildings VIII Industrial Industrial buildings and business buildings All other uses No noxious industrial buildings may be erected, no noxious activities may be undertaken and no hazardous substances may be stored in quantities exceeding 200 litres, saving for a quantity of 1000 litres of fuel, specifically and only to cater for on-site standby generator installations, on land located South of the Southern edges of Academia, Windhoek, Olympia and Klein Windhoek Townships. 8 MUNICIPAL AND TELECOM SERVICES 8.1 The Tenderer accepts the fact that it must negotiate directly during the planning stage with the Strategic Executive: Electricity with regard to the availability and provision of additional electricity as well as alternatives available and to discuss the means and costs involved for providing electricity to the proposed development. Electricity supply will be limited to 3x60 amps and should more than 3 x 60 amperes electricity be required, tenderers in that event provide at own cost an electricity substation building or make alternative arrangements with the Strategic Executive: Electricity. 8.2 Tenderers should note that the prepayment method for supply of electricity might be introduced on the Property to the sole option of the Municipal Council. 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

27 such supply as well as to the requirements of Telecom or any other telecommunications utility regarding plans, provision of exchanges (where relevant), as well as the requirement to submit site and electrical layout plans for approval relating to the position and nature of Telecom s or any other telecommunications utility s services. The City of Windhoek can give no undertakings in this regard. 8.4 The Tenderer must note that where permanent structures such as tar roads, paving of pavements, bridges and/or accesses are to be effected on a Property, Telecom Namibia should be contacted during the planning phase in order to install sleeves to accommodate possible future services. 8.5 The successful tenderer undertakes, during the planning phase to clear the location and availability of electricity, water, sewer and other municipal services with the Departments of the Strategic Executive: Electricity and the Strategic Executive: Infrastructure, Water and Technical Services respectively. The PURCHASER must ascertain which of the existing municipal services may influence its future upgrading or development/renovation or alteration or design and on which point such services will be connected. Access points and parking layouts (where applicable) should be cleared during the planning phase to the satisfaction of the Strategic Executive: Urban and Transport Planning. 8.6 The Tenderer must note that municipal services are provided to the Erf boundary and all other internal municipal services are to be provided at own costs and internal house service connection would be for the account of the Tenderer. 8.7 Access and Egress to the Property should be determined during the planning stage to the satisfaction of the Strategic Executive: Housing, Property Management and Human Settlement. 8.8 The Property shall be subject to the registration of a servitude in favour of the Council for the reservation by the City of Windhoek of the right of access and use without compensation of the area 3 meters parallel with any boundary for the construction and maintenance of municipal services in respect of water, sewerage, drainage, electricity and gas, which right includes the right to place on such Erf temporarily any materials that may be excavated or used during such operations on the Erf or any adjacent Erf. 8.9 The prospective tenderer/s must take note that the erven must be developed within 5 years from date of sale and may not be sold to a third party unless it has been developed first. 9 COMPANIES AND CLOSED CORPORATIONS 9.1 In the event that the PURCHASER is purchasing the PROPERTY on behalf of a company, a closed corporation in the course of formation or a nominee, it shall be a special condition that: (a) (b) 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 The company, closed corporation or identified nominee accept and ratify the sale and any agreement which may arise there from in writing within thirty days from the date of sale, failing which the signatory hereby agrees in favour of the Municipality that the signatory shall be bound to the Deed of Sale and the signatory shall be deemed to have signed and entered into this sale in his/her personal capacity. 9.2 Section 42 of the Companies Act, No. 28 of 2004 reads as follows: 42 Power as to pre-incorporation contracts Any contract made in writing by a person professing to act as agent or trustee for a company not yet incorporated is capable of being ratified or adopted by or otherwise made binding upon and enforceable by that company after it has been duly incorporated as if it had been duly

28 incorporated at the time when the contract was made and that contract had been made without its authority, but, the memorandum on its registration, must contain a statement with regard to the ratification or adoption of or the acquisition of rights and obligations in respect of that contract, and that two copies of that contract, one of which must be certified by a notary public, have been lodged with the Registrar together with the lodgement for registration of the memorandum and articles of the company. 9.3 Section 53 of the Closed Corporation Act, No. 26 of 1988 reads as follows: "53(1) Any contract in writing entered into by a person professing to act as an agent or a trustee for a corporation not yet formed, may after its incorporation be ratified or adopted by such corporation as if the corporation had been duly incorporated at the time when the contract was entered into. 53(2) The ratification or adoption by a corporation referred to in subsection (1) shall be in the form of a written consent of all the members of the corporation, given within a time specified in the contract or, if no time is specified, within a reasonable period of time after incorporation. 9.4 Where the Deed of Sale is entered into on behalf of another person or a legal person, it must be accompanied by the necessary Power of Attorney and, where applicable, a certified extract of the Minutes of the legal person. 9.5 Where these conditions are not complied with or should the proposed company, closed corporation or nominee not ratify the Agreement in writing in the specified time, the signatory hereby agrees in favour of the Municipality that the signatory shall be bound in his/her personal capacity in the event where the other person or legal person is not legally bound hereto. 10. UNDERTAKING 10.1 I/We the tenderer/s in Section B Part 1 hereby undertake not to revoke this offer nor to amend it within ONE HUNDRED AND TWENTY (120) days of the closing date of this tender and that my/our tender may be accepted at any time within the aforesaid period of ONE HUNDRED AND EIGHTY (180) days 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 Until a formal agreement is drawn up and executed, this tender (inclusive of all annexures and documents submitted therewith) together with a copy of the written acceptance thereof by the City of Windhoek, shall constitute a binding agreement between us. SIGNATURE OF TENDERER N.B. THIS TENDER IS INVALID IF NOT SIGNED HERE! NOTES: (a) (b) (c) (d) The tenderer must initial all pages of this tender, annexures and documents accompanying it. Where the tender is submitted on behalf of any person or legal person, a Power of Attorney to do so must accompany it. Failure to comply with the requirements of (a) and (b) above may result that the tender will not be considered. The closing date and time for Tender HPH 01/2018 is 11:00 09 MARCH 2018 and is more fully set out in the Tender Notice and Tender Advertisement.

29 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 groups Racially disadvantaged persons 13 - Women 4 - Persons with disabilities 3 Criteria 2: Economic empowerment 16 Criteria 2: Economic Empowerment 16 - Emerging Entrepreneurs with SMME Certificates 8 - Community participation 4 - Employment created 4 Criteria 3: Namibian citizens 15 Criteria 4: Development proposal 15 Criteria 5: Tender price 44 RESOLUTIONS 317/10/2002 & 194/07/2015 [POLICY] Check List: Compliance with tender conditions and completeness of tender - Did the Tenderer prepare an original set of tender documents and another copy and submit both sets before closing date? - Who is the tenderer and who is representing the tenderer in event of a legal entity? Section B Part 1, - Did the Tenderer complete the Information required for Tender Preferences? Section B, Part 1 - Was the property tendered for clearly indicated? The tender must clearly indicate for which property a tender proposal is made with alternative options if required. Section B, Part 2, Table A - Was a price tendered and was the amount tendered above the upset price indicated or not? Section B, Part 2, Table A - Was a financial undertaking submitted? Section B, Part 2 - Was capital investment stated? Section B, Part 2 - Was completion date stated? Section B, Part 2 - Was intended development fully described? A clear indication has to be given what development the tenderer intends. Section B Part 2 - Was method of payment stated? Section B Part 2 - Is the Tenderer a first time purchaser and was the verification certificate confirming the same attached? Section B part 2 clause 2 25 Note the definition as per Section B, Part 1

30 Was Conditions of Tender/ Annexures initialed on each page and signed by the Tenderer? The following are looked at in evaluating the completeness of a tender: - Is the tenderer a Namibian citizen or a local company, close corporation or other local association? - Did the tenderer indicate a contact address or not? - Did the tenderer ensure that all documents required were submitted? Section B Part 3, clause 3 - Was intended development fully described? A clear indication has to be given what development the tenderer intends and by when the development will be completed. Part 2 - Was method of payment stated? Part 2 - Is the tenderer a first time purchaser and was verification certificate attached? Part 2 - Was Conditions of Tender/ Annexures initialed on each page and signed?

31 ANNEXURE 1 1 Minimum Building Values in terms of the Town Planning Scheme Clause 39 of the Town Planning Scheme with regard to minimum building values provides as follows: 39. Minimum building values (1) Unless otherwise determined by Council, the value of buildings, structure and improvements erected on any Property shall not be less than the minimum building value specified for that Property. (2) Minimum building values imposed in terms of this section are applicable to the value of a main building excluding any outbuilding or a single house in the case of a "residential" zoned erf, unless otherwise determined by Council. (2) For all new townships proclaimed from 1 January 1996, the minimum building value of any erf zoned "institutional", "restricted business", "garage" and "industrial" shall equal the current municipal valuation of the land comprising that erf. (4) For all new townships proclaimed from 1 January 1996, the minimum building value of any erf zoned "office", or "business" shall equal 4 times the current municipal valuation of the land comprising that erf. (5) For all new townships proclaimed from 1 January 1996, unless otherwise specified in this Scheme, the minimum building value of any erf zoned "residential", or "general residential" shall equal 2 times the current municipal valuation of the land comprising that erf. 2 STORMWATER Clause 35 of the Town Planning Scheme pertaining to Stormwater shall apply, which reads as follows: "No stormwater drainage pipe, canal, work or obstruction (except stormwater drain pipes, canal or works which have been authorised in writing by the local authority or which have been or may be built, laid or erected in terms of any law) may be constructed on or over the Property or located in such a way that- (i) (ii) (iii) 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 allows floodwater to run off, be discharged or to be canalised) is or can be changed, canalised or impeded. 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. 3 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. 3 Land provisions

32 (1) Any Property owner subdividing land shall make provision for and transfer, free of all charges, such portions of land required for Municipal services related to and required by that subdivision. (2) Any Property owner subdividing land shall make provision for public services such as schools, crèches, powerline reserves, etc. as may be reasonably required by the State or the Council. 33 Minimum site requirements (1) Where, upon the subdivision of an erf, land is given off for a street or for some other public purpose, the area of such land may, with the consent of the Council, be calculated as part of the area of the subdivision for the purpose of Tables E, F, and G. (2) The Council shall not, in those areas in which in terms of Table E only one dwelling house per existing erf is allowed, consent to any subdivision of an existing erf, provided, however, that the Council may consent to such a subdivision if no portion smaller in extent than ninety per cent (90%) of the area of the original erf is used as the site of a dwelling house and provided further that the permissible coverage is not exceeded. (3) The Council shall not, in those areas in which in terms of Table E a minimum area of site is required per dwelling house, consent to any subdivision of land whereby any portion which may be used for residential purposes is less than the prescribed minimum, except in the case of an existing erf which has been built upon before the approval of the Scheme on 13 July 1987, in which case a reduction of at most ten per cent (10%) of the prescribed minimum size may be permitted if corners or additional beacons are thereby avoided, or in other special circumstances provided that the coverage permitted shall not be exceeded. (4) Upon the subdivision of any land where any portion of such land is physically separated by the execution, or proposed execution of public works and provided that such portion does not fall below 75% (seventy five per cent) of the minimum area as laid down in column 3 of Table E for the said land, such portion may be used for residential purposes. 3 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) (b) (c) 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. 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. 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.

33 (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) (b) (c) access to a public street constructed and surfaced in accordance with Municipal standards; 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; a sewer connection or access to a sewage disposal system or sewer which has been approved by the Municipality for use by that erf or farm portion; except with the consent of Council. (2) Building plans or building operations on unserviced erven. No person shall submit building plans or commence any building operations on an erf or farm portion which lacks any of the following; (a) (b) (c) access to a public street constructed and surfaced in accordance with Municipal standards; 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; 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.

34 Business and Industrial Erven For Sale Tender HPH 01/2018 Erf No. Size Zoning Street Comments (m) Upset Price KAT 450 Industrial Handelinge Street Access Conditions. Water and sewer available. Sewer manhole in south-western corner. Electricity available KAT 450 Industrial Handelinge Access Conditions. Water and sewer available. Street Electricity available KAT 325 Industrial Handelinge Street Access Conditions. Water and sewer available. Sewer rodding eye in south-eastern corner KAT 447 Industrial Handelinge Street KAT 362 Industrial Handelinge Street KAT 303 Business Handelinge Street KAT 315 Business Handelinge Street KD 493 Business Shoveller Street KD 510 Business Shoveller Street KD 461 Industrial Buzzard Street KD 552 Industrial Buzzard Street KD 547 Industrial Buzzard Street KD 502 Industrial Buzzard Street KD 410 Industrial Buzzard Street Electricity available Access Conditions. Water and sewer available. Sewerline 1m within south-eastern boundary. Sewer rodding eye 1m inside south-eastern boundary. Electricity available Access Conditions. Water and sewer available. Sewerline 1m within south-eastern boundary. Electricity available Water and sewer available. Sewerline 1m within eastern boundary. Electricity available Water and sewer available. Sewerline 1m within eastern boundary. Electricity available Water & Sewer available. Electricity available Water & Sewer available. Sidewalk levels may not be changed for access purposes. Electricity available Access difficult. Water and Sewer available. Electricity available Access difficult. Water and Sewer available. Electricity available Access difficult. Water and Sewer available. Electricity available Slight access problem. Water and Sewer available. Electricity available Slight access problem. No access over catchpit. Water and Sewer available. Electricity available KD 1,219 Industrial Teal Street Water and Sewer available. Electricity available KD 745 Industrial Teal Street Water and Sewer available. Electricity available KD 498 Industrial Buzzard Water and Sewer available. Sewer manhole 1m Street inside north-western corner. Electricity available KD 588 Industrial Buzzard Street KD 480 Industrial Buzzard Street KD 480 Industrial Buzzard Street KD 480 Industrial Buzzard Street KD 558 Industrial Buzzard Street Access must be taken at least 15m away from the intersecting kerb. Slight access problem. Water and Sewer available. Electricity available Steep incline - outcrop. Water and Sewer available. Electricity available Steep incline - outcrop. Water and Sewer available. Electricity available Steep incline - outcrop. Water and Sewer available. Electricity available Access must be taken at least 15m away from the intersecting kerb. Access only possible from the western side. Water and Sewer available. Electricity available KD 480 Industrial Teal Street Water and Sewer available. Sewerline 1m inside southern boundary. Electricity available KD 480 Industrial Teal Street Water and Sewer available. Sewerline 1m inside southern boundary. Electricity available KD 336 Business Teal Street Water and Sewer available. Electricity available

35 KD 468 Business Buzzard Street Access must be taken at least 15m away from the intersecting kerb. Water and Sewer available. Sewer manhole 1m inside north-western corner. Electricity available KD 384 Business Crake Street Water and Sewer available. Sewer manhole 1m inside north-western corner. Water and Sewer available. Sewerline 1m inside northern boundary. Electricity available KD 384 Business Crake Street Water and Sewer available. Sewerline 1m inside northern boundary. Electricity available KD 384 Business Crake Street Water and Sewer available. Sewerline 1m inside northern boundary. Electricity available KD 384 Business Shoveller Water and Sewer available. Electricity available. Street KD 384 Business Shoveller Water and Sewer available. Electricity available. Street KK Business Homob Street See conditions under Council Resolution 17/02/2013 attached PP 18,168 Business Scheppmann See conditions under Council Resolution Street 245/10/2017 attached

36 City of Windhoek Client identification (New Business) Step 1 (Information) In terms of FIA the following information must be supplied by the purchaser: Surname/Name of Tenderer:. Spouse First Name:... First Names:..Spouse ID number: Marital Status ID/Reg./CC number: Married Single Ante Nuptial Contract Date of birth. Common Law Customary Law 5. Title. 6. Nationality. 7. Postal Address Residential Address (a) Citizen Non-Citizen.(please tick). 9(b) If non-citizen supply permanent address outside Namibia 10. Contact details: Tel (work).. Tel (home.. Mobile/cellphone.. Fax Employment: Employer. Nature of business Designation/Title Physical Address Contact details. 1 If self-employed: Registered name.. Registration number Country of Registration

37 Type of registration (please tick) Company CC Sole Proprietor Trust Other(Specify) Type of business. Registered address/head office Contact details. Income tax number. 1 Source(s) of income (primary)... (secondary)... 1 Does the applicant have the legal capacity to enter into an agreement? Yes No If NO and/or allows a 3 rd party to act on his/her behalf, provide details of such 3 rd party AND complete additional Client Identification for 3 rd party. Surname Name Relationship/Capacity 16. Will payments in respect of this agreement be made by yourself? Yes No If NO, by whom. Provide details and complete additional Client Identification form for 3 rd party. Surname Name Relationship/Capacity Step 2 (Documentation) In terms of FIA, the following documentation must be provided, either being the originals of which copies shall be made by Council, or by way of certified copies provided by the applicant to the Council. CITIZEN/RESIDENTS ID document OR Passport OR Driver s license OR Voter s card OR Salary advice/pay slip Municipal account OR Lease agreement, OR Other document to verify address (please specify). If Sole Proprietor, certificate by Ministry of Trade and Industry FOREIGN CITIZENS Passport ID document Salary advice/pay slip Municipal account, OR Lease agreement, OR

38 Other document to verify address (please specify). If Sole Proprietor, certificate by Ministry of Trade and Industry CORPORATE CC - Certificate of Incorporation and Founding statement, OR Company Articles and Memorandum of association & certificate of incorporation, OR Trust Registration certificate by the Master of the High Court Other proof of registration- (please specify).. Power of attorney/resolution Income tax Receiver of revenue, OR If incorporated outside Namibia Document from foreign issuing office (Income Tax) 3 months Bank statements I hereby confirm that the information provided, is to the best of my knowledge, true and correct Signed at on this day of 20 Full names and Surname ID number Signature

39 Strategic Executive: Housing, Property Management and Human Settlement Independence Avenue WINDHOEK, NAMIBIA TENDER HPH01/2018 BUSINESS AND INDUSTRIAL ERVEN VERIFICATION CERTIFICATE - CREDIT CHECK LIST SURNAME:... FULL NAMES:... NAMIBIA ID /PASSPORT NO:... OCCUPATION:.. COMPANY NAME.. REGISTRATION NUMBER.. NATURE OF BUSINESS:.. SOURCE OF FUNDS INVOLVED IN TRANSACTION.. POSTAL ADDRESS:... PHYSICAL RESIDENTIAL OR BUSINESS ADDRESS: TELEPHONE (B):... (H)... MOBILE NO.. ERF NUMBER: TOWNSHIP:.. ADD ERF NUMBER:.. TOWNSHIP:.. Finance Department Credit Check A. Services Accounts, Rates Accounts or Lease Accounts (MS) Comments: Acc nr: N$ Acc nr N$ Signature of Accountant Date

40 Comment: Kindly proceed Yes / No... B. Land Sales Erf number and Township: Amount N$: Erf number and Township: Amount N$: Current instalments with the City: Yes/No.. Accountant:.Signature Date. C. PROPERTY MANAGEMENT ACCEPTED REJECTED REASON.. ERF NUMBER & TOWNSHIP SIGNATURE DATE.

41 Council Resolution 245/10/2017 Conditions of sale for Erf 1334 Pionierspark [Municipal Council Minutes: ] 9.2 FNS.2 [HPH] PROPOSED SALE OF ERF 1334, PIONIERSPARK BY WAY OF TENDER TO PUT UP A SERVICE STATION AND TAXI HUB (L/1334/PP) On proposal by Councillor MJ Amadhila, it was RESOLVED 1 That the applications received to purchase and lease Erf 1334, Pionierspark be noted, and turned down and the applicants be informed accordingly. 2 That approval be given to the Strategic Executive: Housing, Property Management and Human Settlement to sell the Remainder (± m² in extent) of Erf 1334, Pionierspark and Portion B (± m² in extent) of Dawid Hosea Meroro Road by way of an open tender at an upset price of N$ (excluding 15 % VAT), of which N$ be transferred to the Urban Arterial Account (UAA): Provided that the successful Tenderer conduct the town planning and cadastral procedures on their cost. 3 That the Remainder (± m² in extent) of Erf 1334, Pionierspark and Portion B (± m² in extent) of Dawid Hosea Meroro Road, be exclusively used for a service station with other mix developments. 4 That the sale of the Remainder (± m² in extent) of Erf 1334, Pionierspark and Portion B (± m² in extent) of Dawid Hosea Meroro Road, be subject to the following conditions: 1 That Erf 1334, Pionierspark be subdivided into Portion A (± 266 m² in extent) and the Remainder (± m² in extent) and that Dawid Hosea Meroro Road be subdivided into Portion B (± 3 000m² in extent) and the Remainder as indicated on Plan PDT/1334 PP, attached as page 490 to the agenda. 2 That Portion B (± m² in extent) of Dawid Hosea Meroro Road be closed as street in terms of section 50(1) of the Local Authorities Act, 1992 (Act 23 of 1992). 3 That the successful Tenderer obtain an Environmental Management Clearance Certificate in terms of the Environmental Management Act, 2007 (Act 7 of 2007) for the closure and rezoning of Portion B (± m² in extent) of Dawid Hosea Meroro Road from street to a zoning still to be determined by Council. 4 That the City prepare the closure notice and that the applicant be responsible for inserting the notice in the media, placing a copy on-site and for distribution to affected neighbours and that proof of successful advertising be provided to the Strategic Executive: Housing, Property Management and Human Settlement before a Sales Agreement is signed. 5 That the successful Tenderer be responsible for the environmental applications, the town planning and cadastral procedures, i.e. closure, town planning and cadastral procedures, and registration of the new erf, and the costs involved. 6 That Portion B (± m² in extent) of Dawid Hosea Meroro Road be consolidated with

42 the Remainder (± m² in extent) of Erf 1334, Pionierspark into a new erf. 7 That the consolidated new erf (± m² in extent) be rezoned from undetermined to business with a bulk of That consent be granted to use the Remainder (± m² in extent) of Erf 1334, Pionierspark and Portion B (± m² in extent) of Dawid Hosea Meroro Road while the rezoning is being formalised to allow for the consolidation in the meantime. 9 That consent be granted to commence with building works prior to the finalisation of the consolidation and rezoning of the Remainder (± m² in extent) of Erf 1334, Pionierspark and Portion B (± m² in extent) of Dawid Hosea Meroro Road. 10 That should any municipal electrical infrastructure need to be relocated, dismantled or replaced as per request received from the applicant, all cost related thereto be for the applicant s account. 11 That only one (1) service connection per erf be allowed from the municipal electrical network. 12 That for erven that are zoned general residential, business, office, institutional or industrial and a service connection larger than 3 x 60 ampere is required, the applicant and/or his/her electrical engineering representative contact the Strategic Executive: Electricity, well in advance, during the planning stage, before any building plans have been approved to determine whether the existing electrical network can handle the additional loading or whether a substation building or site is to be provided by the applicant at his/her own cost to incorporate an additional substation; and also to determine the financial contribution to be made by the applicant towards the upgrade cost of the network. 13 That the successful Tenderer take note that there is high voltage underground cables that run along Erf 1334 in Scheppmann Street, of which it is possible that some cables might encroach within the erf boundary and thus during construction care be taken not to excavate with machinery along the area to avoid possible cable damage and may need relocation thereafter. 14 That the successful Tenderer take note that adequate water supply services 110 mm are available along Scheppmann Street. 15 That the successful Tenderer takes note that there is no sewer connection available for Erf 1334, Pionierspark. 16 That a sewer connection be provided at a cost of N$ , which cost is for the successful Tenderer s account and subject to approval of the Strategic Executive: Infrastructure, Water and Technical Services. 17 That the successful Tenderer note that Dawid Hosea Meroro Road is planned for a widening in the future with the result that the proposed northern entrance to the service centre on Erf 1334 may be too close to the intersection, and such consideration therefore be accommodated in subsequent detailed plan. 18 That a Development Agreement be signed whereby the Developer appoint an Engineer to undertake the design of access points to meet the minimum safety standards while incorporating future road widening at the intersection of Dawid Hosea Meroro Road and Scheppmann Street. 19 That the Engineer further provide a proposal for possible provision of right turn lanes if warranted.

43 That the intersection spacing meet the minimum standards for urban road access management. 21 That access only be obtained directly from Scheppmann Street and not over open spaces, the Western Bypass or Dawid Hosea Meroro Road. 22 That the sale of the Remainder (± m² in extent) of Erf 1334, Pionierspark and Portion B (± m² in extent) of Dawid Hosea Meroro Road be subject to the following requirements for service stations: 21 That a proper intersection to cater for access to the site, be designed and constructed to the satisfaction of the Strategic Executive: Urban and Transport Planning. 22 That pedestrian access be maintained from the public parking area. 23 That the successful Tenderer appoint a professional Engineer, registered with the Engineering Council of Namibia, to sign a Development Agreement with Council, for the detail design of all access points and the supervision thereof, being to the satisfaction of the Strategic Executive: Urban and Transport Planning. 24 That provision be made for on-site loading and maneuvering space to allow the largest vehicle most likely to serve the facility to be able to enter and leave in a forward gear. 25 That maneuvering requirements for fueling vehicles be assessed by reference to a turning movement profile plan. 26 That adequate space be provided for stacking and fueling of vehicles, as such activities may not disrupt the proper flow of traffic or constitute a road safety hazard. 27 That access to the site be to the satisfaction of the Strategic Executive: Urban and Transport Planning, before commencement of operations. 28 That the following parking requirements be applicable: 28.1 Five (5) parking bays per 100 m² leasable area in the convenience store; 28.2 Two (2) parking bays per Automated Teller Machine (ATM) facility; 28.3 Six (6) parking bays per carwash; and 28.4 Three (3) parking bays for any other business building. 23 That surface stormwater run-off be accommodated according to clause 35 of the Windhoek Town Planning Scheme (see Info 35 of the Town Planning Scheme), stating: 21 That no stormwater drainage pipe, canal, work or obstruction (except stormwater drain pipes, canal or work 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) 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. 22 That the maintenance of such stormwater pipe, channel or work be the responsibility of the owner of the concerned property.

44 That prior approval be obtained from the Strategic Executive: Housing, Property Management and Human Settlement if the accommodation of the stormwater on the erf is contemplated. 25 That engineering drawings on how the stormwater would be accommodated to the satisfaction of the Strategic Executive: Housing, Property Management and Human Settlement be submitted for approval simultaneously with the building plans. 26 That all existing stormwater pipes, outlets and inlets or any other stormwater system be clearly indicated on all building plans submitted, prior to the approval thereof. 27 That no building plans be approved until the stormwater conditions are met. 28 That no construction be allowed within the 50 year flood area of any stormwater course. 5 That the erf only be used for business purposes and not be used for the construction of a residential development. 6 That restrictive sales condition be imposed whereby the erf only be sold in title, once developed, incorporating a service station. 7 That the applications from the different applicants be noted and that they be informed, in writing, that Council would call for tenders and they are invited to participate. 8 That the successful Tenderer take note that the respective portions will only be registered once the town planning and cadastral procedures are finalised. 9 That the resolution be implemented prior to confirmation of the minutes. RESOLUTION 245/10/

45 Council Resolution 17/02/2013 Conditions of sale for Erf 287 Kleine Kuppe [Municipal Council Minutes: ] 8.7 BRB.5 [PLA] AMENDMENT/RESCISSION OF COUNCIL RESOLUTION 91/03/2000 SALE OF ERF 287, KLEINE KUPPE BY TENDER OR AUCTION FOR BUSINESS PURPOSES (L/287/KK) On proposal by Councillor M Shiikwa, it was RESOLVED That Council Resolution 91/03/2000 be rescinded and replaced to read as follows: 1 That approval be granted to the Strategic Executive: Urban Planning and Property Management to sell Erf 287, Kleine Kuppe on tender at an upset price of N$ That an amount of N$ be transferred to the Urban Arterial Account (UAA) for the business zoned Erf 287, Kleine Kuppe having a bulk of one (1). 3 That surface stormwater run-off be accommodated according to clause 35 of the Town Planning Scheme stating: 1 That no stormwater drainage pipe, canal, work or obstruction (except stormwater drain pipes, canal or work 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) 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. 2 That the maintenance of such stormwater pipe, channel or work be the responsibility of the owner of the concerned property. 4 That access only be allowed from Ondongab Street. 5 That it be noted that the number of parking bays will depend on the type of business to be exercised on the erf. 6 That no access be allowed from Frank Fredericks Drive. 7 That, should the proposed developer foresee that the ultimate load required will be more than 3 x 60 ampere, he or his representatives contact the Strategic Executive: Electricity prior to any approval of the construction drawings. 8 That the Strategic Executive: Urban Planning and Property Management proceed with the tender procedures while the rezoning is being finalised. 9 That the Chief Executive Officer (Acting Corporate Legal Adviser) draft the Tender Conditions and the Deed of Sale.

46 That the resolution be implemented prior to confirmation of the minutes. Financial implications None RESOLUTION 17/02/

47 Katutura

48 Khomasdal