FINANCIAL OFFER ONLY

Transcription

1 1 SOL PLAATJE LOCAL MUNICIPALITY 1 STAGE BIDDING PROCESS Original bid documents must be submitted in a sealed envelope marked ENVELOPE 1 ORIGINAL Duplicate of Original Bid document must be submitted in a sealed separate envelope marked ENVELOPE 2 DUPLICATE IF bids are submitted in one envelope containing original and copy it must be clearly stated on the envelope that the envelope contains envelope no 1 ORIGINAL and envelope no 2 DUPLICATE The duplicate must be a true reflection of the original Bid Document and must be certified as such, see below CONTRACT NUMBER: SALE OF VARIOUS ERVEN, SOL PLAATJE MUNICIPALITY The offer contains MBD1, MBD3.1, MBD8, and MBD 9 and General Conditions of Contract All pages must be signed and witnessed by two witnesses, where requested. Unsigned bids will be disqualified. FINANCIAL OFFER ONLY NAME OF BIDDER:.. PHYSICAL TRADING OFFICE ADDRESS:..... FINANCIAL (PRICE) OFFER:. see price schedule (Inc. VAT) BID PERIOD: For period commencing. Prepared for: N. Modiba Prepared by: N. L. Sonqishe Sol Plaatje Local Municipality Date: 09/05/2018 Private Bag X5030, KIMBERLEY,8300 CTT NUMBER: For Copy Document Purposes only: The copy of the original Bid Document must be submitted in a separate envelope: I hereby declare that the copy submitted is a true reflection of the original bid. Bidder Signature:. Date:

2 2 BIDDER CHECKLIST CONTRACT REF NUMBER: SALE OF VARIOUS ERVEN, SOL PLAATJE MUNICIPALITY Hereunder is a checklist to ensure that the bid documentation is complete in terms of administrative compliance. The bidder is to indicate that the documentation is complete and included in the bid document by completing the table below. (Tick to indicate whether the information has been included and the originals signed and witnessed as required.) ITEM DESCRIPTION YES/NO 1 Cover letter front page 2 Invitation to Bid (MBD1): completed & signed 3 Declaration of bidder s past supply chain management practices (MBD 8) 4 Certificate of Independent Bid Determination Annexure E5 (MBD9) 5 Did you submit one (1) original and one (1) hard copy of the bid documents? 6 Did you take note and understand the Special Conditions, where applicable? 7 Did you submit your contact details? 8 Did you initial every page of your original submission? Did you comply with all pre-conditions as stated in bid document? (MBD 1) 10 Did you submit a CURRENT (30 days) Business OR, Business Residential and Business address submitted? N.B.: - THIS FORM MUST BE SIGNED BY THE BIDDER AND TWO WITNESSES SIGNATURE OF BIDDER: NAME OF COMPANY: ADDRESS: CELL TELEPHONE NO: FAX NO. ADDRESS: AS WITNESSES: 1. Name Print 2. Name Print DATE:.

3 3 MBD 1 BID NUMBER: DESCRIPTION SOL PLAATJE LOCAL MUNICIPALITY INVITATION TO BID PART A INVITATION TO BID THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED) YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE FINANCIAL SERVICES SALE OF ERVEN, SOL PLAATJE MUNICIPALITY CLOSING DATE: CLOSING TIME: SALE OF VARIOUS ERVEN SOL PLAATJE MUNICIPALITY 11h00 One complete set of document is available at or at no cost. One complete set of documents is available from SCU Contracts Department, Municipal Stores Complex Abattoir Road, Ashburnham, Kimberley free of charge THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7). BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT SOL PLAATJE MUNICIPALITY SCU CONTRACTS DEPARTMENT, MUNICIPAL STORES COMPLEX ABATTOIR ROAD, ASHBURNHAM KIMBERLEY 8301 SUPPLIER INFORMATION NAME OF BIDDER POSTAL ADDRESS PHYSICAL TRADING ADDRESS TELEPHONE NUMBER CELLPHONE NUMBER CODE NUMBER FACSIMILE NUMBER CODE NUMBER ADDRESS VAT REGISTRATION NUMBER TAX COMPLIANCE STATUS TCS PIN: AND CSD No: Yes B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE [TICK APPLICABLE BOX] Yes B-BBEE STATUS LEVEL SWORN AFFIDAVIT No No

4 [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE] 1.Companies or bidders bidding as Joint venture must include their consolidated Joint Venture Agreement Joint B-BBEE certificate MBD 2,4,8 & 9 must be completed respectively by both parties and submitted as part of the bid document 4 ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED? Yes No [IF YES ENCLOSE PROOF] ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED? Yes [IF YES, ANSWER PART B:3 ] No TOTAL NUMBER OF ITEMS OFFERED TOTAL BID PRICE R SIGNATURE OF BIDDER CAPACITY UNDER WHICH THIS BID IS SIGNED DATE SIGNATURE OF WITNESS NO 1 NAME PRINT SIGNATURE OF WITNESS NO 1 NAME PRINT TECHNICAL INFORMATION MAY BE DIRECTED BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TO: DEPARTMENT CONTACT PERSON N. Modiba CONTACT PERSON TELEPHONE NUMBER TELEPHONE NUMBER FACSIMILE NUMBER FACSIMILE NUMBER ADDRESS ADDRESS

5 5 MBD 1 THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO DO SO MAY RESULT IN YOUR BID BEING DISQUALIFIED) NAME OF BIDDER POSTAL ADDRESS... STREET ADDRESS. TELEPHONE NUMBER CODE NUMBER CELLPHONE NUMBER. ADDRESS FACSIMILE NUMBER CODE. NUMBER VAT REGISTRATION NUMBER HAS A VALID TAX CLEARANCE CERTIFICATE BEEN ATTACHED OR PROVIDED THEIR TAX COMPLIANCE STATUS PIN NUMBER? (MBD 2) YES/NO SIGNATURE OF BIDDER. DATE CAPACITY UNDER WHICH THIS BID IS SIGNED TOTAL NUMBER OF ITEMS OFFERED

6 6 ATTACH JOINT VENTURE AGREEMENT HERE (if applicable)

7 7 ATTACH TAX CERTIFICATE HERE (Joint Venture both certificates)

8 8 MBD 3.1 SPECIFIC CONDITIONS OF THE SALE VARIOUS ERVEN APPLICABLE TO ALL ITEMS As per earlier BSC request: Preference will be given to first time home owners. Proof of deed search indicating that there is no property registered in the bidder s name. Sworn Affidavit from South African Police Services confirming non-ownership of property. Proof of residence confirming where the bidder stays. NB ONLY BIDDERS FROM THE VICINITY OF SOL PLAATJE LOCAL MUNICIPALITY WILL BE ACCEPTED

9 9 SALE OF ERVEN- SOL PLAATJE LOCAL MUNICIPALITY ANNEXURE A ITEM NO 1 CONTRACT NO. DEV/PROP01/2018 SALE OF ERF 23878, 51 Freesia Street, Roodepan, KIMBERLEY. PRICING SCHEDULE PRICES ALTERED BY MEANS OF CORRECTION FLUID WILL NOT BE CONSIDERED Property Description: ERF 23878, 51 Freesia Street, Roodepan, Kimberley. Extent: 262m² Zoning: Residential 1 Minimum upset price: R (VAT INCLUSIVE) Bid Amount (to be completed by bidder): R (VAT INCLUSIVE) Amount in words Sign Date o NB. PRICES MUST HOLD GOOD FOR AT LEAST 120 DAYS FROM COMMENCEMENT DATE

10 10 DEED OF SALE ANNEXURE B MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN: 1. THE PARTIES 1.1 SOL PLAATJE MUNICIPALITY Herein represented by Goolam Hoosain Akharwaray in his capacity as Municipal Manager of the Sol Plaatje Municipality, being duly authorised thereto in terms of Council Resolution C152/10/17 dated 4 October 2017 of which a copy is attached hereto as annexure "1" (hereinfafter referred to as the Seller ), whose address for purposes of this Deed of Sale will, unless altered, be the following: The Office of the Municipal Manager Sol Plaatje Municipality Civic Offices Sol Plaatje Drive Kimberley Ref: Mr. N Modiba and 1.2 Identity number: Married in/out of community of property: Name and identity number of spouse if applicable: (hereinfafter referred to as the Purchaser ), whose address for purposes of this Deed of Sale will, unless, be the following:

11 11 2. RECORDAL 2.1 The Seller is the owner of the property known as: Erf 23878, 51 Freesia Street, Roodepan, Kimberley, measuring 262m², situated in the Sol Plaatje Municipality, Administrative District of Kimberley (hereinfafter referred to as "the Property" or "the Erf") 2.2 The Purchaser applied to the Seller to become the owner of the Property. 2.3 The Seller authorised the sale of the Property to the Purchaser subject to the content of this deed of sale and the conditions contained in annexure "1" hereto. 2.4 The Purchaser hereby accepts the offer as contained in this deed of sale and the annexures thereto and the Purchaser hereby purchases the Property subject to the stated conditions. 3. PURCHASE PRICE 3.1 The purchase price of the Property shall be R ( RAND) inclusive of Value Added Tax (VAT) NB put amount in numericals and in words. 3.2 The purchase price for the Property shall be paid by the Purchaser to the Seller in cash or by bank quaranteed cheque, excluding any charges of whatsoever nature levelled by any bank, within 14 (DAYS) of the date of signature of this deed of sale by the last party hereto signing this agreement. For the purposes of this deed of sale, the date of sale shall be deemed to be date on which the last party to this agreement signs this deed of sale. 3.3 Interest, calculated at the interest rate as prescribed by the Minister of Justice from time to time in terms of the Magistrates Court Act 32 of 1944, as amended, shall be payable on the purchase price and any other payments due in terms of this deed of sale by the Purchaser to the Seller, excluding legal fees, calculated from the date on which the purchase price and any other payments in terms of this deed of sale became due up and until date of final payment. 3.4 All payments made by the Purchaser in terms of this deed of sale shall be made to the City Treasurer or its sucessor of the Seller at the chosen domicilium citandi et executandi of the Seller as described above, or any other such place as the Seller may direct in writing to the Purchaser. 3.5 Transfer of the Property into the name of the Purchaser will be effected once the purchase price and all other payments due to the Seller by the Purchaser in terms of this agreement has been paid.

12 12 4. NATURE, SIZE AND CURRENT CONDITION OF THE PROPERTY 4.1 The Purchaser acknowledges that it and/or its duly authorised representatives have had access to the Property and have been able to determine: the status of the existing improvements to the Property regarding latent and patent defects thereto and that it is satisfied with the condition of it; that the Property is suitable for the needs for which it is purchased; the geological nature of the Property; and that the measurements of the Property as set out in clause 2.1 is correct. 4.2 The Purchaser hereby confirm that it purchases the Property in its current condition and accepts its condition with the defects present. 4.3 After inspecting the Property the Purchaser is satisfied that and confirm that neither the Seller, any of its employees or agents provided any guarantees or warranties of any nature regarding the condition or quality of the Property or any of the improvements thereon. 4.4 The Seller shall not be liable by the Purchaser for any differences of deficiency which may appear upon any re-measurement of the Property and hereby abandons all rights which it may have in respect of any excess found upon re-measurement of the Property. 4.5 The Purchaser and Seller hereby record that the Property is sold as a residential 1 Erf. 4.6 The Purchaser and Seller record that the Property is sold with bulk electrical, water and sanitation links (jointly referred to as bulk services ) provided by the Purchaser to the external boundary of the Property. The Purchaser and Seller record that the bulk services were installed by the Seller on the basis that the Property would be used for single residential purposes only and that any upgrade of the bulk services required by the Purchaser will only be provided by the Seller if the bulk services required by the Purchaser are approved by the Seller, said approval which can be conditional in nature and which can have financial implications for the Purchaser. 4.7 The Purchaser and Seller record that no internal bulk services are installed within the boundaries of the Property and that the installation of same will be for the cost of the Purchaser, subject to the Purchaser s right to prescribe the manner and qualtiy of the internal bulk services to be installed by the Purchaser. 4.8 In light of the above, and subject to the law, the Property and all improvements thereon is sold in its current condition on a voetstoots basis and the Seller cannot be held liable for any defects, patent, latent or otherwise, in the Property nor for any damage or injury occassioned to or suffered by the Purchaser by reasons of any such defect.

13 13 5. ADDITIONAL PAYMENTS 5.1 The Purchaser shall be responsible for the payment of any service connection fee payable at the time of connection. 5.2 The Purchaser shall be responsible for the payment of all costs relating to the conditions as set out in annexure "1" hereto. 5.3 The Purchaser shall be responsible for the payment of all costs to supply the Property with electricity, water and sewage connections. None of the services stated herein will be supplied unless all amounts due with respect to the Property have been paid. 5.4 The Purchaser acknowledges that it is aware that it is responsible for the payment of all transfer fees, including transfer duty, to have the Property transferred to it and the costs of preparing this deed of sale. The Purchaser will pay all transfer costs, including transfer duty and the costs of this deed of sale within 14 (FOURTEEN) days after same is demanded in writing by the Sellers attorneys. The demand for payment of the transfer costs will not be made until the whole of the purchase price has been paid. 5.5 In addition to the other amounts payable by the Purchaser to the Seller in terms of this deed of sale, the Purchaser shall be liable to pay: all advertising costs incurred by the Seller in respect of the Sale of the Erf; and an administration fee to the Seller of 15% (FIFTEEN PERCENT) of the purchase price of the Erf, but such an administration fee shall in any event not be less than R (TWO HUNDRED AND FIFTY RAND) or exceed R (ONE THOUSAND FIVE HUNDRED RAND). 5.6 The Purchaser shall, from the date of sale, be responsible for the maintenance of all survey pegs and for the cost of their replacement should this at any time be necessary. 5.7 Except for the purchase price of the Erf, all other amounts payable in terms of this deed of sale by the Purchaser to the Seller, including the costs reflected in the annexures thereto which is payable to ensure transfer of the Property will be payable within 14 (FOURTEEN) calendar days after the Purchaser has been requested by the Seller or its Attorneys to pay same. 5.8 All payments due in terms of clause hereof will be payable, excluding any charges of whatsoever nature levelled by any bank to the City Treasurer or its sucessor of the Seller at the chosen domicilium citandi et executandi of the Seller as described above, or any other such place as the Seller may direct in writing to the Purchaser. 6. POSSESSION AND RISK 6.1 Possession of the Property shall be given or deemed to have been given to the Purchaser on the date of sale, from which date Purchaser will be liable for all municipal rates, taxes and charges payable in respect of the Property. 6.2 From the date of possession, the Property will be at the sole risk, profit or loss of the Purchaser.

14 14 7. ACKNOWLEDGEMENTS OF THE PURCHASER 7.1 The Purchaser acknowledges that it requested this deed of sale to be drawn up in the English language. 7.2 The Purchaser acknowledges that it has received a copy of this deed of sale with annexures thereto. 8. NO COMMISSION PAYABLE The Seller and Purchaser record that no agent's commission are payable in terms of the transaction envisaged in terms of this deed of sale. 9. BREACH OF CONTRACT 9.1 Should the Purchaser or Seller breach the terms of this deed of sale in whatever way, and fail to remedy such breach of contract within 14 (FOURTEEN) days after a written notice by the aggrieved party to remedy the breach of contract has been received by registered mail or by hand delivery at the domicilia citandi et executandi of the party in default the aggrieved party shall have the right to demand that the other party specifically meet his obligations under this deed of sale; or the aggrieved party may cancel this deed of sale by way of written notice to the other party; and in such event, the aggrieved party may claim compensation for any loss sustained as a result of the breach of contract, without prejudice to any other rights the aggrieved party may have in terms of this deed of sale. 9.2 None of the remedies stated above prohibits an aggrieved party from approaching a competent court for legal relief on an urgent basis. 10. ATTORNEYS The Seller appoints Nico Gouws Inc of Kimberley who will act on its behalf for the purposes of issuing notices in terms of this deed of sale and who will attend to the transfer of the Property into the name of the Purchaser as soon as the Purchaser has complied with the conditions contained in this deed of sale. 11. AMENDMENTS: This is the sole and complete agreement between the parties and any term or condition thereof insofar as it refers to an obligation of the parties, shall be a material term or condition, and any amendment of, addition to, or substitution for any term or condition in this Agreement, or to or for the Agreement, shall be only valid, binding and enforceable upon the parties in the event of it being executed in writing and signed by both the Purchaser and Seller, each in the presence of two witnesses. 12. CONCESSIONS No extension of time, concessions or allowances granted and no temporary deviation from the terms of this deed of sale by any party shall be regarded as a renunciation of its rights hereunder.

15 JURISDICTION The parties hereby agree to the jurisdiction of the Magistrate s Court for any litigation in connection with or pursuant to this deed of sale, but the Seller may, in its sole discretion, institute proceedings in any other competent court. 14. DOMICILIA CITANDI ET EXECUTANDI 14.1 The Seller and Purchaser choose their respective domicilia citandi et executandi (the address for the delivery legal documents and notices in terms of this agreement) as the addresses set out in clauses 1.1 and 1.2 of this Deed of Sale The parties can change their domicillia citandi et executandi by giving the other party 15 (FIFTEEN) calendar days written notice All written notices in terms of this deed of sale must either be delivered by hand or sent per registered mail to the other party. Delivery by hand shall include service of notices by way of the Sheriff of the High Court or Magistrates Court in whose jurisdiction the domicilia citandi et executandi of the party to whom a notice is addressed, falls All notice as served in terms of clause 14.3 hereof shall be deemed to have been received on the date on which it is delivered by hand or, if served by registered post, on the 5th calendar day after same was sent via registered post. 15. STANDARD CONDITIONS IMPOSED BY THE SELLER IN RESPECT OF A DEED OF SALE OF UNIMPROVED LAND 15.1 The Purchaser shall erect, or cause to be erected and complete on the Property within a period of 2 (TWO) years calculated from the date of sale, a building or buildings with a municipal valuation of at least R (TWO HUNDRED THOUSAND RAND), exclusive of the valuation of any building which may be erected for the accomodation of a caretaker In the event of the Purchaser failing to erect and complete the buildings referred to in clause 15.1 hereof in respect of the Property, the Purchaser shall pay the Seller monthly, as agreed upon liquidated damages, an amount of R (ONE THOUSAND RAND) per month, had the building thus been erected until such time as the buildings are completed, or should the Seller excercise its rights in terms of this clause 15 to have the Property re-transferred into its name, until the date on which the Seller takes re-transfer of the Property into its name In the event of the Purchaser failing to complete the erection of the buildings referred to in clause 15.1 hereof within a period of 2 (TWO) years from the date of sale of the Property, or should the Purchaser at any time fail to comply with any of the conditions of sale, after being petitioned thereto in writing, the Seller shall have the right to:

16 should the Purchaser already have taken transfer of the Property, demand that the Property be retransferred to the Seller at the repayment of the original purchase price to the Purchaser; or should the transfer of the Property not have been effected in the name of the Purchaser, cancel this deed of sale; 15.4 In the event of the Seller excerising its rights in terms of either clauses and hereof, the Seller shall be entitled to use the purchase price or deposit paid as set-off for any amount for which the Purchaser is liable to pay to the Seller in terms of this deed of sale for which actual expenses have been incurred or which the Purchaser must pay to the Seller in terms of outstanding municipal rates or taxes. Should the amount that was paid over to the Seller by the Purchaser be insufficient, the Purchaser shall be liable for the outstanding amount In the event of the Seller exercising its rights in terms of clauses or of this deed of sale, the Purchaser: shall be liable for all costs related to the re-transfer of the Property to the Seller, if applicable; shall sign all documents and take all steps necessary to effect such re-transfer of the Property, if applicable; shall stay liable for the payment of of all municipal rates payable in respect of the Property until the date on which the Property is re-transferred to the Seller; shall stay liable for the payment of the liquidated damages as referred to in clause 15.2 of this deed of sale up to and until the date of the re-transfer of the Property to the Seller, or should such transfer not have been effected, from a date stipulated in a notice to the Purchaser by the Seller in which the Seller notifies the Purchaser that it intends to excercise its rights in terms of clause 15.2 of this deed of sale; acknowlegdes that that the Seller is entitled to remove any improvements erected by or on behalf of the the Purchaser from the Property at the Purchasers' cost within a period of 1 (ONE) month from the date of the written notice in terms of which the Seller notifies the Purchaser that it is thus excercising its rights. Any improvements not thus removed from the Property shall revert to the Seller without payment of any compensation of whatsoever nature by the Seller to the Purchaser and the Purchaser shall not have any claim against the Seller for the value of the improvements of the Property; shall be liable to the Seller for any costs the Seller had to incur to render the Property suitable for reselling; shall be liable to the Seller, on an attorney and client scale and inclusive of debt collection commission, for any legal costs the Seller had to incur in order to enforce any of the rights of the Seller in terms of clause Until such time as the building referred to in clause 15.1 of this deed of sale has not been completed, the Purchaser shall not be entitled to alienate the Property without the written consent of the Seller being obtained In the event of the Purchaser obtaining written consent form the Seller as is envisaged in clause 15.6 of this deed of sale, the Purchaser shall at its cost be responsible to ensure that the person to whom the Property is being alienated to, enter into an agreement with the Seller acknowledging and accepting in all respects the terms of this deed of sale as applying to him as if he was the original purchaser The Seller shall be under no obligations of any nature to provide any documents as is required by South African law to the Purchaser or its intended sucessor in title to the Property to enable them to effect

17 transfer of the Property until such time as the agreement referred to in clause 15.7 of this deed of sale has not been properly entered into Whenever the term "Purchaser" is used in this deed of sale, it includes all the successors in title of the Purchaser Unless inconsistent with the context of this deed of sale, the terms "Property" and "Erf" shall have the same meaning Unless inconsistent with the context of this deed of sale, the terms "Seller" and "local authority" shall have the same meaning CONDITIONS TO BE REGISTERED IN THE TITLE DEED OF THE PROPERTY In addition to the conditions set out in clause 15 hereof, the conditions set out below must be registered in the title deed of the Property when it is transferred to the Purchaser or its successors in title The owner of this Erf shall, without compensation, be obliged to allow electricity, telephone and television cables and/or wires and main and/or other water pipes and the sewage and drainage, including stormwater of any other Erf or Erf inside this township to be conveyed accross the Erf, if deemed necessary by the local or other statutory authority and in such manner and position as may from time to time be reasonably required.this shall include the rights of access to the Erf at any reasonable time for the purpose of constructing, altering, removing or inspecting any works connected to the above The owner of the Erf shall be oblidged, without compensation, to received such material or permits such excavation on the Erf, as may be required to allow use of the full width of the street and provide a safe and proper slope to its bank owing to differences between the levels of the streets as finally constructed and the Erf, unless he elects to build retaining walls to the satisfaction of and within a period to be determined by the local authority This Erf shall be used only for such purposes as are permitted by the Land Use Management Scheme of the local authority and subject to the conditions and restrictions stipulated by the scheme The Erf shall revert to the local authority if the local authority so desires should the Purchaser fail to complete the erection of the approved building/s on the Erf within a period of 2 (TWO) years reckoned from the date of registration. THUS DONE AND SIGNED at KIMBERLEY on this day of 2018 in the presence of the undersigned witnesses Witnesses: 1 2 on behalf of the SELLER Name: G H AKHARWARAY Capacity: Municipal Manager

18 18 THUS DONE AND SIGNED at KIMBERLEY on this day of 2018 DEV/PROP01/2018 SALE OF ERF 23878, 51 Freesia Street, Roodepan, KIMBERLEY. in the presence of the undersigned witnesses Witnesses: 1 2 on behalf of the PURCHASER Name:

19 19 ITEM 2 SOL PLAATJE LOCAL MUNICIPALITY CONTRACT NO. DEV/PROP02/2018 SALE OF ERF 21752, 27 KRAFT STREET, ROODEPAN, KIMBERLEY PRICING SCHEDULE PRICES ALTERED BY MEANS OF CORRECTION FLUID WILL NOT BE CONSIDERED Property Description: ERF 21752, 27 KRAFT STREET, ROODEPAN, KIMBERLEY Extent: 510m² Zoning: Residential 1 Minimum upset price: (VAT INCLUSIVE) Bid Amount (to be completed by bidder): R (VAT INCLUSIVE) Amount in words Sign Date o NB. PRICES MUST HOLD GOOD FOR AT LEAST 120 DAYS FROM COMMENCEMENT DATE

20 20 DEED OF SALE ANNEXURE B MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN: 17. THE PARTIES 1.1 SOL PLAATJE MUNICIPALITY Herein represented by Goolam Hoosain Akharwaray in his capacity as Municipal Manager of the Sol Plaatje Municipality, being duly authorised thereto in terms of Council Resolution C147/10/17 dated 4 October 2017 of which a copy is attached hereto as annexure "1" (hereinfafter referred to as the Seller ), whose address for purposes of this Deed of Sale will, unless altered, be the following: The Office of the Municipal Manager Sol Plaatje Municipality Civic Offices Sol Plaatje Drive Kimberley Ref: Mr. N Modiba and 1.2 Identity number: Married in/out of community of property: Name and identity number of spouse if applicable: (hereinfafter referred to as the Purchaser ), whose address for purposes of this Deed of Sale will, unless, be the following:

21 RECORDAL 2.1 The Seller is the owner of the property known as: ERF 21752, 27 KRAFT STREET, ROODEPAN, KIMBERLEY, measuring 510m², situated in the Sol Plaatje Municipality, Administrative District of Kimberley (hereinfafter referred to as "the Property" or "the Erf") 2.2 The Purchaser applied to the Seller to become the owner of the Property. 2.3 The Seller authorised the sale of the Property to the Purchaser subject to the content of this deed of sale and the conditions contained in annexure "1" hereto. 2.4 The Purchaser hereby accepts the offer as contained in this deed of sale and the annexures thereto and the Purchaser hereby purchases the Property subject to the stated conditions. 19. PURCHASE PRICE 3.1 The purchase price of the Property shall be R ( RAND) inclusive of Value Added Tax (VAT) NB put amount in numericals and in words. 3.2 The purchase price for the Property shall be paid by the Purchaser to the Seller in cash or by bank quaranteed cheque, excluding any charges of whatsoever nature levelled by any bank, within 14 (DAYS) of the date of signature of this deed of sale by the last party hereto signing this agreement. For the purposes of this deed of sale, the date of sale shall be deemed to be date on which the last party to this agreement signs this deed of sale. 3.3 Interest, calculated at the interest rate as prescribed by the Minister of Justice from time to time in terms of the Magistrates Court Act 32 of 1944, as amended, shall be payable on the purchase price and any other payments due in terms of this deed of sale by the Purchaser to the Seller, excluding legal fees, calculated from the date on which the purchase price and any other payments in terms of this deed of sale became due up and until date of final payment. 3.4 All payments made by the Purchaser in terms of this deed of sale shall be made to the City Treasurer or its sucessor of the Seller at the chosen domicilium citandi et executandi of the Seller as described above, or any other such place as the Seller may direct in writing to the Purchaser. 3.5 Transfer of the Property into the name of the Purchaser will be effected once the purchase price and all other payments due to the Seller by the Purchaser in terms of this agreement has been paid. 20. NATURE, SIZE AND CURRENT CONDITION OF THE PROPERTY 4.1 The Purchaser acknowledges that it and/or its duly authorised representatives have had access to the Property and have been able to determine:

22 4.1.1 the status of the existing improvements to the Property regarding latent and patent defects thereto and that it is satisfied with the condition of it; that the Property is suitable for the needs for which it is purchased; the geological nature of the Property; and that the measurements of the Property as set out in clause 2.1 is correct. 4.2 The Purchaser hereby confirm that it purchases the Property in its current condition and accepts its condition with the defects present. 4.3 After inspecting the Property the Purchaser is satisfied that and confirm that neither the Seller, any of its employees or agents provided any guarantees or warranties of any nature regarding the condition or quality of the Property or any of the improvements thereon. 4.4 The Seller shall not be liable by the Purchaser for any differences of deficiency which may appear upon any re-measurement of the Property and hereby abandons all rights which it may have in respect of any excess found upon re-measurement of the Property. 4.5 The Purchaser and Seller hereby record that the Property is sold as a residential 1 Erf. 4.6 The Purchaser and Seller record that the Property is sold with bulk electrical, water and sanitation links (jointly referred to as bulk services ) provided by the Purchaser to the external boundary of the Property. The Purchaser and Seller record that the bulk services were installed by the Seller on the basis that the Property would be used for single residential purposes only and that any upgrade of the bulk services required by the Purchaser will only be provided by the Seller if the bulk services required by the Purchaser are approved by the Seller, said approval which can be conditional in nature and which can have financial implications for the Purchaser. 4.7 The Purchaser and Seller record that no internal bulk services are installed within the boundaries of the Property and that the installation of same will be for the cost of the Purchaser, subject to the Purchaser s right to prescribe the manner and qualtiy of the internal bulk services to be installed by the Purchaser. 4.8 In light of the above, and subject to the law, the Property and all improvements thereon is sold in its current condition on a voetstoots basis and the Seller cannot be held liable for any defects, patent, latent or otherwise, in the Property nor for any damage or injury occassioned to or suffered by the Purchaser by reasons of any such defect. 21. ADDITIONAL PAYMENTS 5.1 The Purchaser shall be responsible for the payment of any service connection fee payable at the time of connection. 5.2 The Purchaser shall be responsible for the payment of all costs relating to the conditions as set out in annexure "1" hereto.

23 5.3 The Purchaser shall be responsible for the payment of all costs to supply the Property with electricity, water and sewage connections. None of the services stated herein will be supplied unless all amounts due with respect to the Property have been paid The Purchaser acknowledges that it is aware that it is responsible for the payment of all transfer fees, including transfer duty, to have the Property transferred to it and the costs of preparing this deed of sale. The Purchaser will pay all transfer costs, including transfer duty and the costs of this deed of sale within 14 (FOURTEEN) days after same is demanded in writing by the Sellers attorneys. The demand for payment of the transfer costs will not be made until the whole of the purchase price has been paid. 5.5 In addition to the other amounts payable by the Purchaser to the Seller in terms of this deed of sale, the Purchaser shall be liable to pay: all advertising costs incurred by the Seller in respect of the Sale of the Erf; and an administration fee to the Seller of 15% (FIFTEEN PERCENT) of the purchase price of the Erf, but such an administration fee shall in any event not be less than R (TWO HUNDRED AND FIFTY RAND) or exceed R (ONE THOUSAND FIVE HUNDRED RAND). 5.6 The Purchaser shall, from the date of sale, be responsible for the maintenance of all survey pegs and for the cost of their replacement should this at any time be necessary. 5.7 Except for the purchase price of the Erf, all other amounts payable in terms of this deed of sale by the Purchaser to the Seller, including the costs reflected in the annexures thereto which is payable to ensure transfer of the Property will be payable within 14 (FOURTEEN) calendar days after the Purchaser has been requested by the Seller or its Attorneys to pay same. 5.8 All payments due in terms of clause hereof will be payable, excluding any charges of whatsoever nature levelled by any bank to the City Treasurer or its sucessor of the Seller at the chosen domicilium citandi et executandi of the Seller as described above, or any other such place as the Seller may direct in writing to the Purchaser. 22. POSSESSION AND RISK 6.1 Possession of the Property shall be given or deemed to have been given to the Purchaser on the date of sale, from which date Purchaser will be liable for all municipal rates, taxes and charges payable in respect of the Property. 6.2 From the date of possession, the Property will be at the sole risk, profit or loss of the Purchaser. 23. ACKNOWLEDGEMENTS OF THE PURCHASER 7.1 The Purchaser acknowledges that it requested this deed of sale to be drawn up in the English language. 7.2 The Purchaser acknowledges that it has received a copy of this deed of sale with annexures thereto. 24. NO COMMISSION PAYABLE

24 The Seller and Purchaser record that no agent's commission are payable in terms of the transaction envisaged in terms of this deed of sale BREACH OF CONTRACT 9.1 Should the Purchaser or Seller breach the terms of this deed of sale in whatever way, and fail to remedy such breach of contract within 14 (FOURTEEN) days after a written notice by the aggrieved party to remedy the breach of contract has been received by registered mail or by hand delivery at the domicilia citandi et executandi of the party in default the aggrieved party shall have the right to demand that the other party specifically meet his obligations under this deed of sale; or the aggrieved party may cancel this deed of sale by way of written notice to the other party; and in such event, the aggrieved party may claim compensation for any loss sustained as a result of the breach of contract, without prejudice to any other rights the aggrieved party may have in terms of this deed of sale. 9.2 None of the remedies stated above prohibits an aggrieved party from approaching a competent court for legal relief on an urgent basis. 26. ATTORNEYS The Seller appoints Nico Gouws Inc of Kimberley who will act on its behalf for the purposes of issuing notices in terms of this deed of sale and who will attend to the transfer of the Property into the name of the Purchaser as soon as the Purchaser has complied with the conditions contained in this deed of sale. 27. AMENDMENTS: This is the sole and complete agreement between the parties and any term or condition thereof insofar as it refers to an obligation of the parties, shall be a material term or condition, and any amendment of, addition to, or substitution for any term or condition in this Agreement, or to or for the Agreement, shall be only valid, binding and enforceable upon the parties in the event of it being executed in writing and signed by both the Purchaser and Seller, each in the presence of two witnesses. 28. CONCESSIONS No extension of time, concessions or allowances granted and no temporary deviation from the terms of this deed of sale by any party shall be regarded as a renunciation of its rights hereunder. 29. JURISDICTION The parties hereby agree to the jurisdiction of the Magistrate s Court for any litigation in connection with or pursuant to this deed of sale, but the Seller may, in its sole discretion, institute proceedings in any other competent court. 30. DOMICILIA CITANDI ET EXECUTANDI

25 The Seller and Purchaser choose their respective domicilia citandi et executandi (the address for the delivery legal documents and notices in terms of this agreement) as the addresses set out in clauses 1.1 and 1.2 of this Deed of Sale The parties can change their domicillia citandi et executandi by giving the other party 15 (FIFTEEN) calendar days written notice All written notices in terms of this deed of sale must either be delivered by hand or sent per registered mail to the other party. Delivery by hand shall include service of notices by way of the Sheriff of the High Court or Magistrates Court in whose jurisdiction the domicilia citandi et executandi of the party to whom a notice is addressed, falls All notice as served in terms of clause 14.3 hereof shall be deemed to have been received on the date on which it is delivered by hand or, if served by registered post, on the 5th calendar day after same was sent via registered post. 31. STANDARD CONDITIONS IMPOSED BY THE SELLER IN RESPECT OF A DEED OF SALE OF UNIMPROVED LAND 15.1 The Purchaser shall erect, or cause to be erected and complete on the Property within a period of 2 (TWO) years calculated from the date of sale, a building or buildings with a municipal valuation of at least R (TWO HUNDRED THOUSAND RAND), exclusive of the valuation of any building which may be erected for the accomodation of a caretaker In the event of the Purchaser failing to erect and complete the buildings referred to in clause 15.1 hereof in respect of the Property, the Purchaser shall pay the Seller monthly, as agreed upon liquidated damages, an amount of R (ONE THOUSAND RAND) per month, had the building thus been erected until such time as the buildings are completed, or should the Seller excercise its rights in terms of this clause 15 to have the Property re-transferred into its name, until the date on which the Seller takes re-transfer of the Property into its name In the event of the Purchaser failing to complete the erection of the buildings referred to in clause 15.1 hereof within a period of 2 (TWO) years from the date of sale of the Property, or should the Purchaser at any time fail to comply with any of the conditions of sale, after being petitioned thereto in writing, the Seller shall have the right to: should the Purchaser already have taken transfer of the Property, demand that the Property be retransferred to the Seller at the repayment of the original purchase price to the Purchaser; or should the transfer of the Property not have been effected in the name of the Purchaser, cancel this deed of sale; 15.4 In the event of the Seller excerising its rights in terms of either clauses and hereof, the Seller shall be entitled to use the purchase price or deposit paid as set-off for any amount for which the Purchaser is liable to pay to the Seller in terms of this deed of sale for which actual expenses have been incurred or which the Purchaser must pay to the Seller in terms of outstanding municipal rates or taxes.

26 Should the amount that was paid over to the Seller by the Purchaser be insufficient, the Purchaser shall be liable for the outstanding amount In the event of the Seller exercising its rights in terms of clauses or of this deed of sale, the Purchaser: shall be liable for all costs related to the re-transfer of the Property to the Seller, if applicable; shall sign all documents and take all steps necessary to effect such re-transfer of the Property, if applicable; shall stay liable for the payment of of all municipal rates payable in respect of the Property until the date on which the Property is re-transferred to the Seller; shall stay liable for the payment of the liquidated damages as referred to in clause 15.2 of this deed of sale up to and until the date of the re-transfer of the Property to the Seller, or should such transfer not have been effected, from a date stipulated in a notice to the Purchaser by the Seller in which the Seller notifies the Purchaser that it intends to excercise its rights in terms of clause 15.2 of this deed of sale; acknowlegdes that that the Seller is entitled to remove any improvements erected by or on behalf of the the Purchaser from the Property at the Purchasers' cost within a period of 1 (ONE) month from the date of the written notice in terms of which the Seller notifies the Purchaser that it is thus excercising its rights. Any improvements not thus removed from the Property shall revert to the Seller without payment of any compensation of whatsoever nature by the Seller to the Purchaser and the Purchaser shall not have any claim against the Seller for the value of the improvements of the Property; shall be liable to the Seller for any costs the Seller had to incur to render the Property suitable for reselling; shall be liable to the Seller, on an attorney and client scale and inclusive of debt collection commission, for any legal costs the Seller had to incur in order to enforce any of the rights of the Seller in terms of clause Until such time as the building referred to in clause 15.1 of this deed of sale has not been completed, the Purchaser shall not be entitled to alienate the Property without the written consent of the Seller being obtained In the event of the Purchaser obtaining written consent form the Seller as is envisaged in clause 15.6 of this deed of sale, the Purchaser shall at its cost be responsible to ensure that the person to whom the Property is being alienated to, enter into an agreement with the Seller acknowledging and accepting in all respects the terms of this deed of sale as applying to him as if he was the original purchaser The Seller shall be under no obligations of any nature to provide any documents as is required by South African law to the Purchaser or its intended sucessor in title to the Property to enable them to effect transfer of the Property until such time as the agreement referred to in clause 15.7 of this deed of sale has not been properly entered into Whenever the term "Purchaser" is used in this deed of sale, it includes all the successors in title of the Purchaser Unless inconsistent with the context of this deed of sale, the terms "Property" and "Erf" shall have the same meaning Unless inconsistent with the context of this deed of sale, the terms "Seller" and "local authority" shall have the same meaning. 32. CONDITIONS TO BE REGISTERED IN THE TITLE DEED OF THE PROPERTY

27 27 In addition to the conditions set out in clause 15 hereof, the conditions set out below must be registered in the title deed of the Property when it is transferred to the Purchaser or its successors in title The owner of this Erf shall, without compensation, be obliged to allow electricity, telephone and television cables and/or wires and main and/or other water pipes and the sewage and drainage, including stormwater of any other Erf or Erf inside this township to be conveyed accross the Erf, if deemed necessary by the local or other statutory authority and in such manner and position as may from time to time be reasonably required.this shall include the rights of access to the Erf at any reasonable time for the purpose of constructing, altering, removing or inspecting any works connected to the above The owner of the Erf shall be oblidged, without compensation, to received such material or permits such excavation on the Erf, as may be required to allow use of the full width of the street and provide a safe and proper slope to its bank owing to differences between the levels of the streets as finally constructed and the Erf, unless he elects to build retaining walls to the satisfaction of and within a period to be determined by the local authority This Erf shall be used only for such purposes as are permitted by the Land Use Management Scheme of the local authority and subject to the conditions and restrictions stipulated by the scheme The Erf shall revert to the local authority if the local authority so desires should the Purchaser fail to complete the erection of the approved building/s on the Erf within a period of 2 (TWO) years reckoned from the date of registration. THUS DONE AND SIGNED at KIMBERLEY on this day of 2018 in the presence of the undersigned witnesses Witnesses: 1 2 on behalf of the SELLER Name: G H AKHARWARAY Capacity: Municipal Manager THUS DONE AND SIGNED at KIMBERLEY on this day of 2018 in the presence of the undersigned witnesses Witnesses: 1 2 on behalf of the PURCHASER Name:

28 28 ITEM 3 SOL PLAATJE LOCAL MUNICIPALITY CONTRACT NO. DEV/PROP03/2018 SALE OF ERF 21761, 9 KRAFT STREET, ROODEPAN, KIMBERLEY PRICING SCHEDULE PRICES ALTERED BY MEANS OF CORRECTION FLUID WILL NOT BE CONSIDERED Property Description: ERF 21761, 9 KRAFT STREET, ROODEPAN, KIMBERLEY Extent: 338m² Zoning: Residential 1 Minimum upset price: (VAT INCLUSIVE) Bid Amount (to be completed by bidder): R (VAT INCLUSIVE) Amount in words Sign Date o NB. PRICES MUST HOLD GOOD FOR AT LEAST 120 DAYS FROM COMMENCEMENT DATE

29 29 DEED OF SALE ANNEXURE B MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN: 33. THE PARTIES 1.1 SOL PLAATJE MUNICIPALITY Herein represented by Goolam Hoosain Akharwaray in his capacity as Municipal Manager of the Sol Plaatje Municipality, being duly authorised thereto in terms of Council Resolution C148/10/17 dated 4 October 2017 of which a copy is attached hereto as annexure "1" (hereinfafter referred to as the Seller ), whose address for purposes of this Deed of Sale will, unless altered, be the following: The Office of the Municipal Manager Sol Plaatje Municipality Civic Offices Sol Plaatje Drive Kimberley Ref: Mr. N Modiba and 1.2 Identity number: Married in/out of community of property: Name and identity number of spouse if applicable: (hereinfafter referred to as the Purchaser ), whose address for purposes of this Deed of Sale will, unless, be the following:

30 RECORDAL 2.1 The Seller is the owner of the property known as: ERF 21761, 9 KRAFT STREET, ROODEPAN, KIMBERLEY, measuring 338m², situated in the Sol Plaatje Municipality, Administrative District of Kimberley (hereinfafter referred to as "the Property" or "the Erf") 2.2 The Purchaser applied to the Seller to become the owner of the Property. 2.3 The Seller authorised the sale of the Property to the Purchaser subject to the content of this deed of sale and the conditions contained in annexure "1" hereto. 2.4 The Purchaser hereby accepts the offer as contained in this deed of sale and the annexures thereto and the Purchaser hereby purchases the Property subject to the stated conditions. 35. PURCHASE PRICE 3.1 The purchase price of the Property shall be R ( RAND) inclusive of Value Added Tax (VAT) NB put amount in numericals and in words. 3.2 The purchase price for the Property shall be paid by the Purchaser to the Seller in cash or by bank quaranteed cheque, excluding any charges of whatsoever nature levelled by any bank, within 14 (DAYS) of the date of signature of this deed of sale by the last party hereto signing this agreement. For the purposes of this deed of sale, the date of sale shall be deemed to be date on which the last party to this agreement signs this deed of sale. 3.3 Interest, calculated at the interest rate as prescribed by the Minister of Justice from time to time in terms of the Magistrates Court Act 32 of 1944, as amended, shall be payable on the purchase price and any other payments due in terms of this deed of sale by the Purchaser to the Seller, excluding legal fees, calculated from the date on which the purchase price and any other payments in terms of this deed of sale became due up and until date of final payment. 3.4 All payments made by the Purchaser in terms of this deed of sale shall be made to the City Treasurer or its sucessor of the Seller at the chosen domicilium citandi et executandi of the Seller as described above, or any other such place as the Seller may direct in writing to the Purchaser. 3.5 Transfer of the Property into the name of the Purchaser will be effected once the purchase price and all other payments due to the Seller by the Purchaser in terms of this agreement has been paid. 36. NATURE, SIZE AND CURRENT CONDITION OF THE PROPERTY