MEMORANDUM OF AGREEMENT FOR THE APPOINTMENT OF CARETAKER ENTERED INTO BY AND BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA THROUGH

Transcription

1 LAW Debtor number: NC LAW Contract ID: 7127 MEMORANDUM OF AGREEMENT FOR THE APPOINTMENT OF CARETAKER ENTERED INTO BY AND BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA THROUGH THE DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM Herein represented by Maria Gloria Bothoboile Marintlhwane in his/ her capacity as Acting Chief Director in the DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM (NORTHERN CAPE PSSC), duly authorised thereto. (hereinafter referred to as "the Owner") AND KOOS SMITH (Identity Number: ) (hereinafter referred to as "the Caretaker") A1S.

2 WHEREAS the Owner appoints the Caretaker to take care of the land/ unit(s) known as: a) PORTION 1 OF THE FARM VILANDER No. 318 GORDONIA REGISTRATION DIVISION PROVINCE OF NORTHERN CAPE HELD vide Deed of Transfer No. T2346/2011 In extent: hectares Referred to as "the Property", as indicated on the attached sketch plan/diagram, Annexure "A' WHEREAS the Caretaker accepts the appointment; WHEREAS the Property is used for the following agricultural purposes: Livestock production. NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: DURATION OF THE AGREEMENT The appointment of the Caretaker takes effect on 01/04/2017 and expires 30/06/2017 and may be terminated by either party at any stage giving the other thirty (30) days written notice. CONDITIONS OF APPOINTMENT The Caretaker is not and will not be regarded as an employee of the State while he or she performs his or her duties in terms of this Agreement. The Caretaker shall be regarded as an independent contractor and not an agent. He or she may not bind the State in an agreement or otherwise unless he or she is specifically authorized in writing. DUTIES OF THE CARETAKER 3.1 The Caretaker is responsible for taking care of and maintaining the land and the improvements on the Property, listed in Annexure "A" to this Agreement, if applicable, to the satisfaction of the Owner and accepts responsibility for any damage to the Property or improvements during the term of this Agreement.

3 3.2 The Caretaker will exercise his duties diligently, in line with the recognised farming practices within the area. 3.3 Damage to the improvements or theft must be reported to the Owner and the local police when the Caretaker becomes aware thereof. 3.4 The Caretaker must at all times take necessary precautions to protect the improvements and to combat fires which could originate. 3.5 The Caretaker must see to it that no unlawful squatting occurs on the Property. Should it happen, the Caretaker must immediately act by informing the Owner and the local police. However, the provisions of the Prevention of Illegal Eviction from an Unlawful Occupation of Land Act 19 of 1998 must be complied with. 3.6 The Caretaker shall not cede or assign any of his rights or obligations under this agreement to any third party, including any subletting or other arrangement, without the prior written approval of the Owner first being obtained. 3.7 The Caretaker shall report to the Owner any other matter that he or she considers in his or her discretion important. 3.8 The Caretaker must utilize the land in a sustainable manner to obtain the greatest long term benefit from the agricultural potential of the Property. 3.9 The Caretaker must continue with the existing farming activities and may not use the Property for any purpose that is not linked to the unique agricultural characteristic of the Property, improvements thereon and the farming activities in existence at a time of the conclusion of this agreement The Caretaker must comply with all the legislation which may be applicable to the Property and the use thereof The Caretaker shall maintain and keep in good working order all existing water installations and fire breaks in line with the existing legislation The Caretaker shall exercise weed control and keep all fields, orchards and pastures free from noxious weeds The Caretaker shall report (notify the owner of) any occurrence that could lead to the devaluation of the Property or that could pose an increase in risk to the Owner, or any other matter the Caretaker considers to pose a risk to the Property and improvements The Caretaker shall be liable to pay all services and consumption charges that may be levied by a competent authority in respect of, but not limited to, electricity, water gas and fuel use. 4. REMUNERATION AS CARETAKER 4.1 The Caretaker has no claim to remuneration for taking care of and maintaining the property or for the improvements effected thereon or material required in respect of such caretaking or maintenance. 4.2 The Caretaker shall not by virtue of his or her appointment enjoy any privilege above other

4 prospective buyers or beneficiaries when the Property is sold or otherwise disposed of. 4.3 The Caretaker shall not by virtue of this appointment obtain or enjoy any rights of whatever nature in respect of the Property other than those expressly stipulated in this agreement. RIGHTS OF THE CARETAKER 5.1 The Caretaker has the right to: utilise existing farming infrastructure and improvements, including feedlots, on the Property; cultivate existing crop lands, provided that he or she obtains the Owner's prior written consent for establishing new crop lands on such conditions as may be imposed by the Owner. KEEPING OF LIVESTOCK The Caretaker or any of his or her employees may not keep any livestock that is not the bona fide property of the Caretaker on the property without the written permission of the Owner. A stocking rate of hectares per large stock unit shall not be exceeded. OTHER RESPONSIBILITIES OF THE CARETAKER 7.1 Except as stipulated in the clause 5.1, the Caretaker may not erect any new improvements on the Property. No new plantations, land or orchards may be established without the prior written consent of the Lessor. Should this take place he or she will not be entitled to compensation for such improvements, unless such improvements were erected with the prior permission having been obtained from the Owner. 7.2 The Caretaker may not draw water from any borehole on the Property unless it is extracted by means of properly installed pumping equipment. 7.3 All rights to game are reserved and the Caretaker will not have the right to hunt or to allow people to hunt on the Property without the written consent of the Owner and the required permits first being obtained from the appropriate provincial authority. 7.4 The Caretaker may not chop down or destroy any trees on the Property, but has the right to use dry wood on the Property for his or her own needs. 7.5 The Caretaker may not interfere with any person who is lawfully present on the Property. 7.6 The Caretaker shall hand over the Property and improvements on termination of this Agreement in the same condition as it was on commencement of this Agreement. 8. INDEMNITY 8.1 The Caretaker indemnifies the Owner against any third party claim for damage, loss, inconvenience or injury whether it be personal injury or damage to the Property, which arises

5 from or in connection with the mismanagement or improper maintenance by the Caretaker, the poor condition of any improvements on the Property and work or activities by the Caretaker. 8.2 The Owner is under no circumstances responsible for the maintenance and caretaking of any improvements of whatever nature on the Property. 9. RIGHT OF ENTRY 9.1 The Owner or its officials shall, at all reasonable times, have the right of free and undisturbed access to the Property for purposes of inspection of the Property or carrying out of performance monitoring. 9.2 The Owner has the right, without payment of compensation: to store any material on the Property; to erect crusher and mixer stations, stores, workshops and shelters for machinery and implements on the Property; to accommodate contractors, employees and officers on the Property and to install the necessary conveniences for any purposes whatsoever; and to withdraw water during the tenancy from any source by means of existing pump installations on the Property and /or cause same to be done. 10. CESSION AND SUB-LETTING 10.1 The Caretaker shall not, except with the prior written consent of the owner: sub-let the property, cede, or assign any of the rights and the obligation arising from this agreement The Caretaker shall not give up possession of the Property or the improvements to any other party. 11. BREACH 11.1 Should the Caretaker breach any condition of this agreement the Owner shall have the right to terminate the agreement with immediate effect, after giving 14 (fourteen) days written notification to the Caretaker of its intention to cancel the agreement, and the breach not having been rectified within the said period The Caretaker may terminate this Agreement on 2 (two) months written notice to the Owner If the Caretaker terminates this agreement he of she will not have the right to harvest any of the existing crops at the end of the notice period. These crops shall with the termination or this agreement remain in the ownership of the Owner and no compensation in respect thereof can be claimed by the Caretaker. 12. TERMINATION 12.1 Any of the following constitutes a ground for the termination of this Agreement by the

6 Owner: The Caretaker's estate has been sequestrated and has not been rehabilitated; The Caretaker is found to be of an unsound mind or has been declared incapable of managing his affairs; The Caretaker has been convicted of any crime or offence, especially, but not limited to offences involving dishonesty or fraud; or Death of the Caretaker. 13. DOMICILIUM CITANDI ET EXECUTANDI The parties choose the following addresses as their domicilia citandi et Executandi or all purposes of and service of legal documents in connection with this agreement: OWNER: New Public Building, 6th Floor, cnr Knight & Stead Street, KIMBERLEY, 8301 Telephone: CARETAKER: 2515 Sonop Street Extension 3 KEIMOES, 8860 Telephone: ENTIRE AGREEMENT This Agreement constitutes the whole agreement between the parties and no variation or amendment thereof shall be of any force or effect unless reduced to writing and signed by both parties. MS

7 SIGNED at :... on this.** DAY OF...dU^BS!?..:... 20/.7 Witnesses: 1. 2 CARETAKER SIGNED at this. D A Y OF Witnesses: licl OWNER LAW Debtor number: NC LAW Contract ID: 7127

8 LAW Debtor Number: NC LAW Contract ID: 7127 ANNEXUREA LIST OF IMPROVEMENTS Farm house (with garage): 1 Workers' houses: 2 Store: 1 Water tanks: 21 (4 x 10 OOOL; 17 x 5 OOOL) Drinking troughs: 20 (11 x cement; 9 x rubber) Handling facilities/ crush pens: 7 Fencing (20 camps): Border (Jackhal proof) Internal (Stock proof)

9 A/o. Die figuur,/._ B._ C. Skaal 1: /SO OOO stel voor A/o. 3/<3 grond, synde gelee in Opgemeet in deur my. Hierdie kaart is geheg aan No. / gedateer t.g.v. Registrateur van Aktes Die oorspronklike kaart is. No. geheg aan Ti-onaport/Grondbrief No. Administratiewe Distrik Provinsie Kaap die Goeie Hoop. Land meter Leer M.S. No. E, 289/73 Komp, #*' 3~-& yy