Common use of Page Clause in Contracts

Page. LEASE SUMMARY 1 I PREMISES 4 II TERM 4 III RENT 5 IV ACCOUNTING 6 V TAXES 7 VI CONDUCT OF BUSINESS BY TENANT 8 VII MAINTENANCE, REPAIRS AND ALTERATIONS 14 VIII INSURANCE; INDEMNITY 16 IX DAMAGE AND RESTORATION 18 X ASSIGNMENT AND SUBLETTING 19 XI EMINENT DOMAIN 21 XII UTILITY SERVICE 22 XIII DEFAULTS; REMEDIES 23 XIV COMMON AREAS 27 XV SIGNS, LIGHTING, ADVERTISING 30 XVI MISCELLANEOUS 31 ADDENDUM TO SHOPPING CENTER LEASE ADDENDUM I ADDITIONAL PROVISIONS EXHIBIT "A" SHOPPING CENTER SITE PLAN EXHIBIT "B" SHOPPING CENTER LEGAL DESCRIPTION EXHIBIT "C" CONDITION OF PREMISES—Landlord and Tenant's Work EXHIBIT "D" PROHIBITED USES and EXCLUSIVE USES EXHIBIT "E" COMMENCEMENT DATE AGREEMENT EXHIBIT "F" SHOPPING CENTER SIGN CRITERIA EXHIBIT "G" RULES & REGULATIONS EXHIBIT "H" TENANT'S MENU SHOPPING CENTER LEASE SUMMARY 1. LANDLORD: NORTH RANCH PROPERTIES Landlord's Address: 000 X. Xxxxxxxx Boulevard, Suite 201 Westlake Village, CA 91362 Landlord's Phone: (000) 000-0000 Landlord's Fax: (000) 000-0000 2. TENANT: CHICAGO PIZZA & BREWERY, INC. Tenant's Address: 00000 Xxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx Xxxxx, XX 00000 Tenant's Phone: (000) 000-0000 Tenant's Fax: (000) 000-0000 3. GUARANTOR: N/A Guarantor's Address: N/A Guarantor's Phone: N/A 4. TENANT'S TRADE NAME: BJ'S PIZZA & GRILL 5. PERMITTED USE OF PREMISES: Subject to governmental agencies, and existing leases, the Premises shall be used and occupied solely as a first class full service restaurant featuring pizza and those menu items shown on Exhibit "H". Subject to governing agencies, Tenant shall be allowed the sale alcoholic beverages for on-premises consumption only. The Premises shall be used solely for the use stated above and for no other use or purpose. TENANT SPECIFICALLY ACKNOWLEDGES THAT BY THE PROVISIONS OF THIS SECTION 5, LANDLORD HAS NOT GRANTED TO TENANT ANY EXCLUSIVE BUSINESS RIGHT WITHIN THE SHOPPING CENTER, OR ELSEWHERE. THE PERMITTED USE OF THE PREMISES SHALL ONLY LIMIT TENANT'S USE THEREOF IN ACCORDANCE WITH SECTION 6.01 OF THE LEASE. NO EXCLUSIVE BUSINESS RIGHT SHALL BE IMPLIED OR INFERRED. 6. SIZE OF PREMISES: Approximately 10,140 Square Feet 7. ADDRESS OF PREMISES: 0000 X. Xxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx Xxxxxxx, XX 00000 8. LEASE TERM: Fifteen (15) full years from the Rent Commencement Date, plus three (3) five (5) year option periods. (See Addendum 1) 9. FIXED MINIMUM RENT: MONTHLY INSTALLMENTS 1-5 $ 316,368.00 $ 26,364.00 6-10 $ 363,823.20 $ 30,318.60 11-15 $ 418,396.68 $ 34,866.39 Monthly Estimated CAM-$5,070.00

Page. 1.1 INVITATION TO TENDER 2 1.2 TENDER CONDITIONS AND INFORMATION 3 1.3 GENERAL CONDITIONS OF CONTRACT 9 1.4 TERMS OF REFERENCE AND GENERAL INFORMATION 15 SECTION 2 2.1 SPECIAL CONDITIONS OF CONTRACT 20 SECTION 3 3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 22 SECTION 4 4.1 MBD4: DECLARATION OF INTEREST 23 4.2 MBD6.1: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001 25 4.3 MBD6.11: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL POCUREMENT REGULATIONS 2001 - PROMOTION OF ENTERPRISES LOCATED IN A SPECIFIC MUNICIPAL AREA 34 4.4 MBD8: DECLARATION OF XXXXXX’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 37 4.5 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 40 SECTION 5 DECLARATION 43 SECTION 6 CONTRACT FORM 44 SECTION 1.1: INVITATION TO TENDER CLOSING TIME: 12:00 CLOSING DATE: 9 DECEMBER 2011 TENDER 97/2011: LEASE SUMMARY 1 I PREMISES 4 II TERM 4 III RENT 5 IV ACCOUNTING 6 V TAXES 7 VI CONDUCT OF BUSINESS BY TENANT 8 VII MAINTENANCEMUNICIPAL BUILDING, REPAIRS AND ALTERATIONS 14 VIII INSURANCE; INDEMNITY 16 IX DAMAGE AND RESTORATION 18 X ASSIGNMENT AND SUBLETTING 19 XI EMINENT DOMAIN 21 XII UTILITY SERVICE 22 XIII DEFAULTS; REMEDIES 23 XIV COMMON AREAS 27 XV SIGNSOLD TOLL HOUSE, LIGHTINGHARTENBOS (PORTION OF ERF 2394, ADVERTISING 30 XVI MISCELLANEOUS 31 ADDENDUM TO SHOPPING CENTER LEASE ADDENDUM I ADDITIONAL PROVISIONS EXHIBIT "A" SHOPPING CENTER SITE PLAN EXHIBIT "B" SHOPPING CENTER LEGAL DESCRIPTION EXHIBIT "C" CONDITION OF PREMISES—Landlord ±600m²) The Mossel Bay Municipality hereby invites tenders for the leasing of the municipal building known as the Old Toll House in Hartenbos, for a period of three (3) years. The building is in need of upgrading, which will be for the account of the lessee. Tenders must be submitted on the original documents and Tenant's Work EXHIBIT "D" PROHIBITED USES and EXCLUSIVE USES EXHIBIT "E" COMMENCEMENT DATE AGREEMENT EXHIBIT "F" SHOPPING CENTER SIGN CRITERIA EXHIBIT "G" RULES & REGULATIONS EXHIBIT "H" TENANT'S MENU SHOPPING CENTER LEASE SUMMARY 1remain valid for ninety (90) days after the closing date of the tender. LANDLORD: NORTH RANCH PROPERTIES Landlord's Address: 000 X. Xxxxxxxx Boulevard, Suite 201 Westlake Village, CA 91362 Landlord's Phone: Enquiries pertaining to the specifications can be addressed to Xx Xxxxxxx Xxxxxxxxx at telephone (000) 000-0000 Landlord's Fax: 0000. Enquiries pertaining to the completion of the documents can be addressed to Mr Xxxxxxx Xxxxxxx at telephone (000) 000-0000 20000. TENANT: CHICAGO PIZZA & BREWERY, INC. Tenant's Address: 00000 Xxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx Xxxxx, XX 00000 Tenant's Phone: A set of tender documents can be obtained at a non-refundable cost of R50 per set from Xx Xxxxxx Xxxxxxx at telephone (000) 000-0000 Tenant's Fax: 0000. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. Documents that are e-mailed to prospective bidders will be free of charge. Documents will only be handed to prospective bidders who produce a receipt for the payment of the tender document. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. A set of fully completed tender documents must be placed in a sealed envelope and placed in the tender box on the Lower Ground floor (000seaside) 000at the Mossel Bay Municipality by not later than 12:00 on Friday, 9 December 2011 or be mailed to reach the Tender Box, Mossel Bay Municipality, PO Box 25, Mossel Bay, 6500 before the specified closing date and time. The envelopes must be endorsed clearly with the number, title and closing date of the tender as above. Tenders will be pre-0000 3evaluated on functionality and bidders scoring less than 70 out of 100 points for functionality will not be considered for further evaluation. GUARANTOR: N/A Guarantor's Address: N/A Guarantor's Phone: N/A 4. TENANT'S TRADE NAME: BJ'S PIZZA & GRILL 5. PERMITTED USE OF PREMISES: Subject to governmental agenciesThe tender will be evaluated on the 80/20 Preference Points system as prescribed by the Preferential Procurement Policy Framework Act 5 of 2000, and existing leases, the Premises shall Municipality will award a maximum of 8 points for suppliers located in the Mossel Bay Municipal Area. Receipts will be used and occupied solely as a first class full service restaurant featuring pizza and those menu items shown issued on Exhibit "H"request only for tenders handed in during office hours from Mondays to Fridays. Subject to governing agencies, Tenant shall Receipts will not be allowed issued for tenders placed in the sale alcoholic beverages for on-premises consumption onlytender box after hours or which are received by mail. The Premises shall tender box will be used solely for emptied just after 12:00 on the use stated above and for closing date as above, hereafter all bids will be opened in public. Late tenders or tenders submitted by e-mail or fax will under no other use circumstances be accepted. The Municipality reserves the right to withdraw any invitation to tender and/or to re-advertise or purposeto reject any tender or to accept a part of it. TENANT SPECIFICALLY ACKNOWLEDGES THAT BY THE PROVISIONS OF THIS SECTION 5, LANDLORD HAS NOT GRANTED TO TENANT ANY EXCLUSIVE BUSINESS RIGHT WITHIN THE SHOPPING CENTER, OR ELSEWHEREThe Municipality does not bind itself to accepting the lowest tender or award a contract to the bidder scoring the highest number of points. THE PERMITTED USE OF THE PREMISES SHALL ONLY LIMIT TENANT'S USE THEREOF IN ACCORDANCE WITH SECTION 6.01 OF THE LEASEIt is expected of all Bidders who are not yet registered on the Municipality’s Accredited Supplier Database to register without delay on the prescribed form. NO EXCLUSIVE BUSINESS RIGHT SHALL BE IMPLIED OR INFERREDThe Municipality reserves the right not to award tenders to Bidders who are not registered on the Database. 6. SIZE OF PREMISES: Approximately 10,140 Square Feet 7. ADDRESS OF PREMISES: 0000 X. Xxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx Xxxxxxx, XX 00000 8. LEASE TERM: Fifteen (15) full years from the Rent Commencement Date, plus three (3) five (5) year option periods. (See Addendum 1) 9. FIXED MINIMUM RENT: MONTHLY INSTALLMENTS 1-5 $ 316,368.00 $ 26,364.00 6-10 $ 363,823.20 $ 30,318.60 11-15 $ 418,396.68 $ 34,866.39 Monthly Estimated CAM-$5,070.00DR X XXXXX MUNICIPAL MANAGER

Page. LEASE SUMMARY 1 I PREMISES 4 II TERM 4 III RENT INVITATION TO TENDER 3 1.2 TENDER CONDITIONS AND INFORMATION 5 IV ACCOUNTING 1.3 GENERAL CONDITIONS OF CONTRACT 12 1.4 SPECIAL CONDITIONS OF CONTRACT 18 2.1 SPECIFICATIONS 20 2.2 FUNCTIONALITY 50 2.3 PRICING SCHEDULE 60 3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 68 4.1 MBD4: DECLARATION OF INTEREST 71 4.2 MBD5: DECLARATION FOR PROCUREMENT ABOVE R10 MILLION 74 4.3 MBD6.1: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017 75 4.4 MUNICIPAL RATES AND TAXES 80 4.5 AUTHORISED SIGNATORY 81 4.6 MBD8: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 82 4.7 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 84 SECTION 5 DECLARATION 87 SECTION 6 V TAXES 7 VI CONDUCT OF BUSINESS BY TENANT 8 VII MAINTENANCE, REPAIRS AND ALTERATIONS 14 VIII INSURANCE; INDEMNITY 16 IX DAMAGE AND RESTORATION 18 X ASSIGNMENT AND SUBLETTING 19 XI EMINENT DOMAIN 21 XII UTILITY SERVICE 22 XIII DEFAULTS; REMEDIES 23 XIV COMMON AREAS 27 XV SIGNS, LIGHTING, ADVERTISING CONTRACT FORM 88 COMPULSARY DOCUMENTATION/CHECKLIST TO TENDER DOCUMENT 90 Tenders are hereby invited from qualified and experienced service providers for the supply of prepayment vending system and services for the Mossel Bay Municipality for the period ending 30 XVI MISCELLANEOUS 31 ADDENDUM TO SHOPPING CENTER LEASE ADDENDUM I ADDITIONAL PROVISIONS EXHIBIT "A" SHOPPING CENTER SITE PLAN EXHIBIT "B" SHOPPING CENTER LEGAL DESCRIPTION EXHIBIT "C" CONDITION OF PREMISES—Landlord June 2024. Tenders must be submitted on the original documents and Tenant's Work EXHIBIT "D" PROHIBITED USES and EXCLUSIVE USES EXHIBIT "E" COMMENCEMENT DATE AGREEMENT EXHIBIT "F" SHOPPING CENTER SIGN CRITERIA EXHIBIT "G" RULES & REGULATIONS EXHIBIT "H" TENANT'S MENU SHOPPING CENTER LEASE SUMMARY 1remain valid for ninety (90) days after the closing date of the tender. LANDLORD: NORTH RANCH PROPERTIES Landlord's Address: 000 X. Xxxxxxxx Boulevard, Suite 201 Westlake Village, CA 91362 Landlord's Phone: Enquiries pertaining to the specifications can be addressed to Xx Xxxxxx Xxxxxx at telephone (044) 000- 0000. Enquiries pertaining to the completion of the documents can be addressed to Ms Shadé Fortuin at telephone (000) 000-0000 Landlord's Fax: (000) 000-0000 20000. TENANT: CHICAGO PIZZA & BREWERYA compulsory information meeting which will take place at 10h00 on Monday, INC22 October 2018 at the Council Xxxxxxxx, First Floor, Mossel Bay Municipality Main Building, 000 Xxxxx Xxxxxx. Tenant's Address: 00000 Xxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx Xxxxx, XX 00000 Tenant's Phone: (000) 000-0000 Tenant's Fax: (000) 000-0000 3. GUARANTOR: N/A Guarantor's Address: N/A Guarantor's Phone: N/A 4. TENANT'S TRADE NAME: BJ'S PIZZA & GRILL 5. PERMITTED USE OF PREMISES: Subject to governmental agencies, and existing leases, the Premises shall be used and occupied solely as All partners if a first class full service restaurant featuring pizza and those menu items shown on Exhibit "H". Subject to governing agencies, Tenant shall be allowed the sale alcoholic beverages for on-premises consumption only. The Premises shall be used solely for the use stated above and for no other use or purpose. TENANT SPECIFICALLY ACKNOWLEDGES THAT BY THE PROVISIONS OF THIS SECTION 5, LANDLORD HAS NOT GRANTED TO TENANT ANY EXCLUSIVE BUSINESS RIGHT WITHIN THE SHOPPING CENTER, OR ELSEWHERE. THE PERMITTED USE OF THE PREMISES SHALL ONLY LIMIT TENANT'S USE THEREOF IN ACCORDANCE WITH SECTION 6.01 OF THE LEASE. NO EXCLUSIVE BUSINESS RIGHT SHALL BE IMPLIED OR INFERRED. 6. SIZE OF PREMISES: Approximately 10,140 Square Feet 7. ADDRESS OF PREMISES: 0000 X. Xxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx Xxxxxxx, XX 00000 8. LEASE TERM: Fifteen (15) full years from the Rent Commencement Date, plus three (3) five (5) year option periods. (See Addendum 1) 9. FIXED MINIMUM RENT: MONTHLY INSTALLMENTS 1-5 $ 316,368.00 $ 26,364.00 6-10 $ 363,823.20 $ 30,318.60 11-15 $ 418,396.68 $ 34,866.39 Monthly Estimated CAM-$5,070.00joint Venture must attend this compulsory meeting.

Page. LEASE SUMMARY 1 I PREMISES 1.1 INVITATION TO TENDER 3 1.2 TENDER CONDITIONS AND INFORMATION 4 II TERM 4 III RENT 1.3 GENERAL CONDITIONS OF CONTRACT 10 1.4 SPECIFICATIONS 16 1.5 SPECIAL CONDITIONS OF CONTRACT 17 2.1 PRICING SCHEDULE 18 3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 19 4.1 MBD4: DECLARATION OF INTEREST 22 4.2 MUNICIPAL RATES AND TAXES 25 4.3 AUTHORISED SIGNATORY 26 4.4 MBD8: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 27 4.5 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 29 SECTION 5 IV ACCOUNTING DECLARATION 32 SECTION 6 V TAXES 7 VI CONDUCT CONTRACT FORM 33 ANNEXURE A THE RESOLUTION TAKEN BY THE BOARD OF BUSINESS BY TENANT 8 VII MAINTENANCEDIRECTORS OF A CONSORTIUM OR JOINT VENTURE 35 CHECKLIST 38 ANNEXURE B LOCALITY PLAN 40 Tenders are hereby invited for the lease of municipal building and two of the parking bays situated on a portion of Erf 6738, REPAIRS AND ALTERATIONS 14 VIII INSURANCE; INDEMNITY 16 IX DAMAGE AND RESTORATION 18 X ASSIGNMENT AND SUBLETTING 19 XI EMINENT DOMAIN 21 XII UTILITY SERVICE 22 XIII DEFAULTS; REMEDIES 23 XIV COMMON AREAS 27 XV SIGNScorner of Crotz Street and Adriaan Avenue, LIGHTINGAsla Park, ADVERTISING 30 XVI MISCELLANEOUS 31 ADDENDUM TO SHOPPING CENTER LEASE ADDENDUM I ADDITIONAL PROVISIONS EXHIBIT "A" SHOPPING CENTER SITE PLAN EXHIBIT "B" SHOPPING CENTER LEGAL DESCRIPTION EXHIBIT "C" CONDITION OF PREMISES—Landlord KwaNonqaba (400m²) for the period of nine (9) years and Tenant's Work EXHIBIT "D" PROHIBITED USES eleven (11) months, to be utilised for restaurant purposes. Tenders must be submitted on the original documents and EXCLUSIVE USES EXHIBIT "E" COMMENCEMENT DATE AGREEMENT EXHIBIT "F" SHOPPING CENTER SIGN CRITERIA EXHIBIT "G" RULES & REGULATIONS EXHIBIT "H" TENANT'S MENU SHOPPING CENTER LEASE SUMMARY 1remain valid for ninety (90) days after the closing date of the tender. LANDLORD: NORTH RANCH PROPERTIES Landlord's Address: 000 X. Xxxxxxxx Boulevard, Suite 201 Westlake Village, CA 91362 Landlord's Phone: Enquiries pertaining to the specifications can be addressed to Ms A Lichaba at telephone (000) 000-0000. Enquiries pertaining to the completion of the documents can be addressed to Xx Xxxxxxx Xxxxxxx at telephone (000) 000-0000 Landlord's Fax: or Xx Xxxxxx Xxxxxxxxxx at telephone (000) 000-0000. A set of tender documents can be obtained at a non-refundable cost of R116 per set from Xx Xxxxxxx Xxxxxxx or Xx Xxxxxx Xxxxxxxxxx who may be contacted at telephone (000) 000-0000 2or (044) 606-5192 OR it can be obtained on our website at xxxxx://xxx.xxxxxxxxx.xxx.xx/tenders-available free of charge (follow the procurement-link). TENANT: CHICAGO PIZZA & BREWERYPayments must be made at the cashiers at the Mossel Bay Municipality’s Xxxx Xxxxxxxx, INC000 Xxxxx Xxxxxx on the Lower Ground Floor (seaside) prior to collecting the tender document and proof of payment must be submitted when collecting the tender document from the Supply Chain Management Offices, Plaza Aquada Building, 00 Xxxxx Xxxxxx, Mossel Bay. Tenant's Address: 00000 Fully completed tender documents must be placed in a sealed envelope and placed in the tender box on the Lower Ground floor (seaside) at the Mossel Bay Municipality Main Building, 000 Xxxxx XxxxxxxxxXxxxxx, Xxxxx 000 Xxxxxxxxxx XxxxxMossel Bay by not later than 12h00 on Friday, 17 January 2020 or be mailed to reach the Tender Box, Mossel Bay Municipality, XX 00000 Tenant's Phone: (000) 000-Xxx 00, Xxxxxx Xxx, 0000 Tenant's Fax: (000) 000-0000 3before the specified closing date and time. GUARANTOR: N/A Guarantor's Address: N/A Guarantor's Phone: N/A 4The envelopes must be endorsed clearly with the number, title and closing date of the tender as above. TENANT'S TRADE NAME: BJ'S PIZZA & GRILL 5. PERMITTED USE OF PREMISES: Subject The preference point systems prescribed in the PPPFA and the Preferential Regulations, 2017 are not applicable to governmental agencies, and existing leases, the Premises shall be used and occupied solely as a first class full service restaurant featuring pizza and those menu items shown on Exhibit "H". Subject to governing agencies, Tenant shall be allowed the sale alcoholic beverages and letting of assets, therefore the tender will be awarded to the bidder with the highest price. Receipts will be issued on request only for on-premises consumption onlytenders handed in during office hours from Mondays to Fridays. Receipts will not be issued for tenders placed in the tender box after hours or which are received by mail. The Premises shall tender box will be used solely for emptied just after 12:00 on the use stated above and for closing date as above, hereafter all bids will be opened in public. Late tenders or tenders submitted by e-mail or fax will under no other use circumstances be accepted. The Municipality reserves the right to withdraw any invitation to tender and/or to re-advertise or purposeto reject any tender or to accept a part of it. TENANT SPECIFICALLY ACKNOWLEDGES THAT BY THE PROVISIONS OF THIS SECTION 5, LANDLORD HAS NOT GRANTED TO TENANT ANY EXCLUSIVE BUSINESS RIGHT WITHIN THE SHOPPING CENTER, OR ELSEWHEREThe Municipality does not bind itself to accepting the highest tender. THE PERMITTED USE OF THE PREMISES SHALL ONLY LIMIT TENANT'S USE THEREOF IN ACCORDANCE WITH SECTION 6.01 OF THE LEASEIt is expected of all Bidders who are not yet registered on the Central Supplier Database to register without delay on the prescribed form. NO EXCLUSIVE BUSINESS RIGHT SHALL BE IMPLIED OR INFERRED. 6. SIZE OF PREMISES: Approximately 10,140 Square Feet 7. ADDRESS OF PREMISES: 0000 X. Xxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx Xxxxxxx, XX 00000 8. LEASE TERM: Fifteen (15) full years from The Municipality reserves the Rent Commencement Date, plus three (3) five (5) year option periods. (See Addendum 1) 9. FIXED MINIMUM RENT: MONTHLY INSTALLMENTS 1-5 $ 316,368.00 $ 26,364.00 6-10 $ 363,823.20 $ 30,318.60 11-15 $ 418,396.68 $ 34,866.39 Monthly Estimated CAM-$5,070.00right not to award tenders to Bidders who are not registered on the Database.

Page. 1.1 INVITATION TO TENDER 2 1.2 TENDER CONDITIONS AND INFORMATION 3 1.3 GENERAL CONDITIONS OF CONTRACT 9 1.4 TERMS OF REFERENCE AND GENERAL INFORMATION TO BIDDERS 15 SECTION 2 2.1 SPECIAL CONDITIONS OF CONTRACT 17 SECTION 3 3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 18 SECTION 4 4.1 MBD4: DECLARATION OF INTEREST 22 4.2 MUNICIPAL RATES AND TAXES 25 4.3 MBD8: DECLARATION OF XXXXXX’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 26 4.4 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 27 SECTION 5 DECLARATION 30 SECTION 6 CONTRACT FORM 31 SECTION 1.1: INVITATION TO TENDER CLOSING TIME: 12:00 CLOSING DATE: 10 FEBRUARY 2012 TENDER 3/2012: LEASE SUMMARY OF MUNICIPAL BUILDING, OLD TOLL HOUSE, HARTENBOS (PORTION OF ERF 2394, The Mossel Bay Municipality hereby invites tenders for the leasing of the municipal building known as the Old Toll House in Hartenbos, for a period of three (3) years, commencing 1 I PREMISES 4 II TERM 4 III RENT 5 IV ACCOUNTING 6 V TAXES 7 VI CONDUCT OF BUSINESS BY TENANT 8 VII MAINTENANCEJuly 2012 ending 30 June 2015. The building is in need of upgrading, REPAIRS AND ALTERATIONS 14 VIII INSURANCE; INDEMNITY 16 IX DAMAGE AND RESTORATION 18 X ASSIGNMENT AND SUBLETTING 19 XI EMINENT DOMAIN 21 XII UTILITY SERVICE 22 XIII DEFAULTS; REMEDIES 23 XIV COMMON AREAS 27 XV SIGNS, LIGHTING, ADVERTISING 30 XVI MISCELLANEOUS 31 ADDENDUM TO SHOPPING CENTER LEASE ADDENDUM I ADDITIONAL PROVISIONS EXHIBIT "A" SHOPPING CENTER SITE PLAN EXHIBIT "B" SHOPPING CENTER LEGAL DESCRIPTION EXHIBIT "C" CONDITION OF PREMISES—Landlord which will be for the account of the lessee. Tenders must be submitted on the original documents and Tenant's Work EXHIBIT "D" PROHIBITED USES and EXCLUSIVE USES EXHIBIT "E" COMMENCEMENT DATE AGREEMENT EXHIBIT "F" SHOPPING CENTER SIGN CRITERIA EXHIBIT "G" RULES & REGULATIONS EXHIBIT "H" TENANT'S MENU SHOPPING CENTER LEASE SUMMARY 1remain valid for ninety (90) days after the closing date of the tender. LANDLORD: NORTH RANCH PROPERTIES Landlord's Address: 000 X. Xxxxxxxx Boulevard, Suite 201 Westlake Village, CA 91362 Landlord's Phone: Enquiries pertaining to the specifications can be addressed to Xx Xxxxxxx Xxxxxxxxx at telephone (000) 000-0000 Landlord's Fax: 0000. Enquiries pertaining to the completion of the documents can be addressed to Mr Xxxxxxx Xxxxxxx at telephone (000) 000-0000 20000. TENANT: CHICAGO PIZZA & BREWERY, INC. Tenant's Address: 00000 Xxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx Xxxxx, XX 00000 Tenant's Phone: A set of tender documents can be obtained at a non-refundable cost of R75 per set from Xx Xxxxxx Xxxxxxx at telephone (000) 000-0000 Tenant's Fax: 0000. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. Documents that are e-mailed to prospective bidders will be free of charge. Documents will only be handed to prospective bidders who produce a receipt for the payment of the tender document. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. A set of fully completed tender documents must be placed in a sealed envelope and placed in the tender box on the Lower Ground floor (000seaside) 000-0000 3. GUARANTOR: N/A Guarantor's Address: N/A Guarantor's Phone: N/A 4. TENANT'S TRADE NAME: BJ'S PIZZA & GRILL 5. PERMITTED USE OF PREMISES: Subject at the Mossel Bay Municipality by not later than 12:00 on Friday, 10 February 2012 or be mailed to governmental agenciesreach the Tender Box, Mossel Bay Municipality, PO Box 25, Mossel Bay, 6500 before the specified closing date and existing leases, the Premises shall be used and occupied solely as a first class full service restaurant featuring pizza and those menu items shown on Exhibit "H". Subject to governing agencies, Tenant shall be allowed the sale alcoholic beverages for on-premises consumption onlytime. The Premises shall envelopes must be used solely endorsed clearly with the number, title and closing date of the tender as above. Tenders will be pre-evaluated on functionality and bidders scoring less than 70 out of 100 points for functionality will not be considered for further evaluation. Receipts will be issued on request only for tenders handed in during office hours from Mondays to Fridays. Receipts will not be issued for tenders placed in the use stated above and for tender box after hours or which are received by mail. The tender box will be emptied just after 12:00 on the closing date as above, hereafter all bids will be opened in public. Late tenders or tenders submitted by e-mail or fax will under no other use circumstances be accepted. The Municipality reserves the right to withdraw any invitation to tender and/or to re-advertise or purposeto reject any tender or to accept a part of it. TENANT SPECIFICALLY ACKNOWLEDGES THAT BY THE PROVISIONS OF THIS SECTION 5, LANDLORD HAS NOT GRANTED TO TENANT ANY EXCLUSIVE BUSINESS RIGHT WITHIN THE SHOPPING CENTER, OR ELSEWHEREThe Municipality does not bind itself to accepting the lowest tender or award a contract to the bidder scoring the highest number of points. THE PERMITTED USE OF THE PREMISES SHALL ONLY LIMIT TENANT'S USE THEREOF IN ACCORDANCE WITH SECTION 6.01 OF THE LEASEIt is expected of all Bidders who are not yet registered on the Municipality’s Accredited Supplier Database to register without delay on the prescribed form. NO EXCLUSIVE BUSINESS RIGHT SHALL BE IMPLIED OR INFERREDThe Municipality reserves the right not to award tenders to Bidders who are not registered on the Database. 6. SIZE OF PREMISES: Approximately 10,140 Square Feet 7. ADDRESS OF PREMISES: 0000 X. Xxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx Xxxxxxx, XX 00000 8. LEASE TERM: Fifteen (15) full years from the Rent Commencement Date, plus three (3) five (5) year option periods. (See Addendum 1) 9. FIXED MINIMUM RENT: MONTHLY INSTALLMENTS 1-5 $ 316,368.00 $ 26,364.00 6-10 $ 363,823.20 $ 30,318.60 11-15 $ 418,396.68 $ 34,866.39 Monthly Estimated CAM-$5,070.00DR X XXXXX MUNICIPAL MANAGER

Page. 1.1 INVITATION TO TENDER 2 1.2 TENDER CONDITIONS AND INFORMATION 3 1.3 GENERAL CONDITIONS OF CONTRACT 9 1.4 SPECIAL CONDITIONS OF CONTRACT 15 SECTION 2 2.1 SPECIFICATIONS 16 2.2 MBD 3.1 PRICING SCHEDULE – FIRM PRICES 17 SECTION 3 3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 18 SECTION 4 4.1 MBD4: DECLARATION OF INTEREST 21 4.2 MBD6.1: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001 23 4.3 MBD6.11: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL POCUREMENT REGULATIONS 2001 - PROMOTION OF ENTERPRISES LOCATED IN A SPECIFIC MUNICIPAL AREA 32 4.4 MBD8: DECLARATION OF XXXXXX’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 35 4.5 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 37 SECTION 5 DECLARATION 40 SECTION 6 CONTRACT FORM 42 SECTION 1.1: INVITATION TO TENDER CLOSING DATE: 15 OCTOBER 2010 CLOSING TIME: 12:00 TENDER 77/2010: LEASE SUMMARY 1 I PREMISES 4 II TERM 4 III RENT 5 IV ACCOUNTING 6 V TAXES 7 VI CONDUCT OF BUSINESS BY TENANT 8 VII MAINTENANCEKIOSK SITUATED AT THE POINT, REPAIRS AND ALTERATIONS 14 VIII INSURANCE; INDEMNITY 16 IX DAMAGE AND RESTORATION 18 X ASSIGNMENT AND SUBLETTING 19 XI EMINENT DOMAIN 21 XII UTILITY SERVICE 22 XIII DEFAULTS; REMEDIES 23 XIV COMMON AREAS 27 XV SIGNSMOSSEL BAY Tenders are hereby invited for the lease of the Kiosk situated at the Point, LIGHTING, ADVERTISING Mossel Bay for a period of almost three years ending 30 XVI MISCELLANEOUS 31 ADDENDUM TO SHOPPING CENTER LEASE ADDENDUM I ADDITIONAL PROVISIONS EXHIBIT "A" SHOPPING CENTER SITE PLAN EXHIBIT "B" SHOPPING CENTER LEGAL DESCRIPTION EXHIBIT "C" CONDITION OF PREMISES—Landlord June 2013. Tenders must be submitted on the original documents and Tenant's Work EXHIBIT "D" PROHIBITED USES and EXCLUSIVE USES EXHIBIT "E" COMMENCEMENT DATE AGREEMENT EXHIBIT "F" SHOPPING CENTER SIGN CRITERIA EXHIBIT "G" RULES & REGULATIONS EXHIBIT "H" TENANT'S MENU SHOPPING CENTER LEASE SUMMARY 1shall remain valid for 90 days after the closing date of the tender. LANDLORD: NORTH RANCH PROPERTIES Landlord's Address: 000 X. Enquiries pertaining to the specifications can be addressed to Ms Xxxxxxxx Boulevard, Suite 201 Westlake Village, CA 91362 Landlord's Phone: xx Xxxxxxx at telephone (044) 000- 0000. Enquiries pertaining to the completion of the documents can be addressed to Mr Xxxxxxx Xxxxxxx at telephone (000) 000-0000 Landlord's Fax: 0000. A set of tender documents can be obtained at a non-refundable cost of R50 per set from Ms du Plessis at telephone (000) 000-0000 20000. TENANT: CHICAGO PIZZA & BREWERY, INCPayments must be made by crossed cheque payable to the Mossel Bay Municipality. Tenant's Address: 00000 Xxxxx XxxxxxxxxDocuments that are e-mailed to prospective bidders will be free of charge. Additional sets of tender documents are available at a cost of R50 per set. A set of tender documents can also be obtained on our website at xxx.xxxxxxxxxxxx.xx.xx (follow the Procurement-link on the left hand side). Fully completed tender documents must be placed in a sealed envelope and placed in the tender box on the Lower Ground floor (seaside) at the Municipality, Xxxxx 000 Xxxxxxxxxx XxxxxStreet, XX 00000 Tenant's Phone: (000) 000-0000 Tenant's Fax: (000) 000-0000 3Mossel Bay by not later than 12:00 on Friday, 15 October 2010 or be mailed to reach the Tender Box, Mossel Bay Municipality, PO Box 25, Mossel Bay, 6500 before the specified closing date and time. GUARANTOR: N/A Guarantor's Address: N/A Guarantor's Phone: N/A 4The envelopes must be endorsed clearly with the number, title and closing date of the tender as above. TENANT'S TRADE NAME: BJ'S PIZZA & GRILL 5. PERMITTED USE OF PREMISES: Subject to governmental agencies, and existing leasesIn terms of the Preference Points system prescribed by the Preferential Procurement Policy Framework Act 5 of 2000, the Premises shall Municipality will award a maximum of 8 points for service providers located in the Mossel Bay Municipal Area. Receipts will be used and occupied solely as a first class full service restaurant featuring pizza and those menu items shown on Exhibit "H"issued at request only for tenders handed in during office hours from Mondays to Fridays. Subject to governing agencies, Tenant shall Receipts will not be allowed issued for tenders placed in the sale alcoholic beverages for on-premises consumption onlytender box after hours or which are received by mail. The Premises shall tender box will be used solely for emptied just after 12:00 on the use stated above and for closing date where after all bids will be opened in public. Late tenders or tenders submitted by e-mail or fax will under no other use circumstances be accepted. The Municipality reserves the right to withdraw any invitation to tender and/or to readvertise or purposeto reject any tender or to accept a part of it. TENANT SPECIFICALLY ACKNOWLEDGES THAT BY THE PROVISIONS OF THIS SECTION 5, LANDLORD HAS NOT GRANTED TO TENANT ANY EXCLUSIVE BUSINESS RIGHT WITHIN THE SHOPPING CENTER, OR ELSEWHEREThe Municipality does not bind itself to accepting the lowest tender or award a contract to the bidder scoring the highest number of points. THE PERMITTED USE OF THE PREMISES SHALL ONLY LIMIT TENANT'S USE THEREOF IN ACCORDANCE WITH SECTION 6.01 OF THE LEASEIt is expected of all prospective service providers who are not yet registered on the Municipality's Accredited Supplier Database to register without delay by completing the prescribed form. NO EXCLUSIVE BUSINESS RIGHT SHALL BE IMPLIED OR INFERREDThe Municipality reserves the right not to award tenders to prospective suppliers who are not registered on the Database. 6. SIZE OF PREMISES: Approximately 10,140 Square Feet 7. ADDRESS OF PREMISES: 0000 X. Xxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx Xxxxxxx, XX 00000 8. LEASE TERM: Fifteen (15) full years from the Rent Commencement Date, plus three (3) five (5) year option periods. (See Addendum 1) 9. FIXED MINIMUM RENT: MONTHLY INSTALLMENTS 1-5 $ 316,368.00 $ 26,364.00 6-10 $ 363,823.20 $ 30,318.60 11-15 $ 418,396.68 $ 34,866.39 Monthly Estimated CAM-$5,070.00DR X XXXXX MUNICIPAL MANAGER