Common use of Page Clause in Contracts

Page. 1.1 INVITATION TO TENDER 3 1.2 TENDER CONDITIONS AND INFORMATION 4 1.3 GENERAL CONDITIONS OF CONTRACT 10 1.4 SPECIFICATIONS 16 1.5 SPECIAL CONDITIONS OF CONTRACT 17 SECTION 2 2.1 PRICING SCHEDULE 18 SECTION 3 3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 19 SECTION 4 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 DECLARATION 32 SECTION 6 CONTRACT FORM 33 ANNEXURE A THE RESOLUTION TAKEN BY THE BOARD OF DIRECTORS OF A CONSORTIUM OR JOINT VENTURE 35 CHECKLIST 38 ANNEXURE B LOCALITY PLAN 40 SECTION 1.1: INVITATION TO TENDER CLOSING TIME: 12:00 CLOSING DATE: 17 JANUARY 2020 TDR 71/2019: LEASE OF MUNICIPAL BUILDING AND TWO OF THE PARKING BAYS SITUATED ON A PORTION OF XXX 0000, XXXXXX XX XXXXX XXXXXX AND ADRIAAN AVENUE, ASLA PARK, KWANONQABA (400M²) Tenders are hereby invited for the lease of municipal building and two of the parking bays situated on a portion of Erf 6738, corner of Crotz Street and Adriaan Avenue, Asla Park, KwaNonqaba (400m²) for the period of nine (9) years and eleven (11) months, to be utilised for restaurant purposes. Tenders must be submitted on the original documents and remain valid for ninety (90) days after the closing date of the tender. 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 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 or (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). Payments must be made at the cashiers at the Mossel Bay Municipality’s Xxxx Xxxxxxxx, 000 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. 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 Xxxxxx, Mossel Bay by not later than 12h00 on Friday, 17 January 2020 or be mailed to reach the Tender Box, Mossel Bay Municipality, XX Xxx 00, Xxxxxx Xxx, 0000 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. The preference point systems prescribed in the PPPFA and the Preferential Regulations, 2017 are not applicable to the sale 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 tenders 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 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 circumstances be accepted. The Municipality reserves the right to withdraw any invitation to tender and/or to re-advertise or to reject any tender or to accept a part of it. The Municipality does not bind itself to accepting the highest tender. It is expected of all Bidders who are not yet registered on the Central Supplier Database to register without delay on the prescribed form. The Municipality reserves the right not to award tenders to Bidders who are not registered on the Database. ADV T GILIOMEE MUNICIPAL MANAGER

Page. 1.1 INVITATION 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 TENDER 3 1.2 TENDER CONDITIONS AND INFORMATION 4 1.3 GENERAL CONDITIONS SHOPPING CENTER LEASE ADDENDUM I ADDITIONAL PROVISIONS EXHIBIT "A" SHOPPING CENTER SITE PLAN EXHIBIT "B" SHOPPING CENTER LEGAL DESCRIPTION EXHIBIT "C" CONDITION OF CONTRACT 10 1.4 SPECIFICATIONS 16 1.5 SPECIAL CONDITIONS OF CONTRACT 17 SECTION 2 2.1 PRICING SCHEDULE 18 SECTION 3 3.1 MBD1PREMISES—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: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 19 SECTION 4 4.1 MBD4NORTH RANCH PROPERTIES Landlord's Address: DECLARATION OF INTEREST 22 4.2 MUNICIPAL RATES AND TAXES 25 4.3 AUTHORISED SIGNATORY 26 4.4 MBD8000 X. Xxxxxxxx Boulevard, Suite 201 Westlake Village, CA 91362 Landlord's Phone: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 27 4.5 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 29 SECTION 5 DECLARATION 32 SECTION 6 CONTRACT FORM 33 ANNEXURE A THE RESOLUTION TAKEN BY THE BOARD OF DIRECTORS OF A CONSORTIUM OR JOINT VENTURE 35 CHECKLIST 38 ANNEXURE B LOCALITY PLAN 40 SECTION 1.1: INVITATION TO TENDER CLOSING TIME: 12:00 CLOSING DATE: 17 JANUARY 2020 TDR 71/2019: LEASE OF MUNICIPAL BUILDING AND TWO OF THE PARKING BAYS SITUATED ON A PORTION OF XXX 0000, XXXXXX XX XXXXX XXXXXX AND ADRIAAN AVENUE, ASLA PARK, KWANONQABA (400M²) Tenders are hereby invited for the lease of municipal building and two of the parking bays situated on a portion of Erf 6738, corner of Crotz Street and Adriaan Avenue, Asla Park, KwaNonqaba (400m²) for the period of nine (9) years and eleven (11) months, to be utilised for restaurant purposes. Tenders must be submitted on the original documents and remain valid for ninety (90) days after the closing date of the tender. 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 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 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 (04415) 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). Payments must be made at the cashiers at the Mossel Bay Municipality’s Xxxx Xxxxxxxx, 000 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 full years from the Supply Chain Management OfficesRent Commencement Date, Plaza Aquada Building, 00 Xxxxx Xxxxxx, Mossel Bayplus three (3) five (5) year option periods. Fully completed tender documents must be placed in a sealed envelope and placed in the tender box on the Lower Ground floor (seasideSee Addendum 1) at the Mossel Bay Municipality Main Building, 000 Xxxxx Xxxxxx, Mossel Bay by not later than 12h00 on Friday, 17 January 2020 or be mailed to reach the Tender Box, Mossel Bay Municipality, XX Xxx 00, Xxxxxx Xxx, 0000 before the specified closing date and time9. The envelopes must be endorsed clearly with the number, title and closing date of the tender as above. The preference point systems prescribed in the PPPFA and the Preferential Regulations, 2017 are not applicable to the sale 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 tenders 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 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 eFIXED MINIMUM RENT: LEASE YEAR(S) ANNUAL RENT MONTHLY INSTALLMENTS 1-mail or fax will under no circumstances be accepted. The Municipality reserves the right to withdraw any invitation to tender and/or to re5 $ 316,368.00 $ 26,364.00 6-advertise or to reject any tender or to accept a part of it. The Municipality does not bind itself to accepting the highest tender. It is expected of all Bidders who are not yet registered on the Central Supplier Database to register without delay on the prescribed form. The Municipality reserves the right not to award tenders to Bidders who are not registered on the Database. ADV T GILIOMEE MUNICIPAL MANAGER10 $ 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 3 2 1.2 TENDER CONDITIONS AND INFORMATION 4 3 1.3 GENERAL CONDITIONS OF CONTRACT 10 9 1.4 SPECIFICATIONS 16 1.5 SPECIAL CONDITIONS OF CONTRACT 17 15 SECTION 2 2.1 SPECIFICATIONS 16 2.2 MBD 3.1 PRICING SCHEDULE 18 – FIRM PRICES 17 SECTION 3 3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 19 18 SECTION 4 4.1 MBD4: DECLARATION OF INTEREST 22 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 RATES AND TAXES 25 4.3 AUTHORISED SIGNATORY 26 AREA 32 4.4 MBD8: DECLARATION OF BIDDERXXXXXX’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 27 35 4.5 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 29 37 SECTION 5 DECLARATION 32 40 SECTION 6 CONTRACT FORM 33 ANNEXURE A THE RESOLUTION TAKEN BY THE BOARD OF DIRECTORS OF A CONSORTIUM OR JOINT VENTURE 35 CHECKLIST 38 ANNEXURE B LOCALITY PLAN 40 42 SECTION 1.1: INVITATION TO TENDER CLOSING DATE: 15 OCTOBER 2010 CLOSING TIME: 12:00 CLOSING DATE: 17 JANUARY 2020 TDR 71/2019TENDER 77/2010: LEASE OF MUNICIPAL BUILDING AND TWO OF KIOSK SITUATED AT THE PARKING BAYS SITUATED ON A PORTION OF XXX 0000POINT, XXXXXX XX XXXXX XXXXXX AND ADRIAAN AVENUE, ASLA PARK, KWANONQABA (400M²) MOSSEL BAY Tenders are hereby invited for the lease of municipal building and two of the parking bays Kiosk situated on at the Point, Mossel Bay for a portion of Erf 6738, corner of Crotz Street and Adriaan Avenue, Asla Park, KwaNonqaba (400m²) for the period of nine (9) almost three years and eleven (11) months, to be utilised for restaurant purposesending 30 June 2013. Tenders must be submitted on the original documents and shall remain valid for ninety (90) 90 days after the closing date of the tender. Enquiries pertaining to the specifications can be addressed to Ms A Lichaba Xxxxxxxx xx Xxxxxxx at telephone (000044) 000-000- 0000. Enquiries pertaining to the completion of the documents can be addressed to Xx Mr Xxxxxxx Xxxxxxx at telephone (000) 000-0000 or Xx Xxxxxx Xxxxxxxxxx at telephone (000) 000-0000. A set of tender documents can be obtained at a non-refundable cost of R116 R50 per set from Xx Xxxxxxx Xxxxxxx or Xx Xxxxxx Xxxxxxxxxx who may be contacted Ms du Plessis at telephone (000) 000-0000 or (044) 6060000. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. Documents that are e-5192 OR it 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 xxxxx://xxx.xxxxxxxxx.xxx.xx/tenders-available free of charge xxx.xxxxxxxxxxxx.xx.xx (follow the procurementProcurement-link). Payments must be made at the cashiers at the Mossel Bay Municipality’s Xxxx Xxxxxxxx, 000 Xxxxx Xxxxxx link 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 Bayleft 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 Mossel Bay Municipality Main BuildingMunicipality, 000 Xxxxx XxxxxxStreet, Mossel Bay by not later than 12h00 12:00 on Friday, 17 January 2020 15 October 2010 or be mailed to reach the Tender Box, Mossel Bay Municipality, XX Xxx 00PO Box 25, Xxxxxx XxxMossel Bay, 0000 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. The preference point systems In terms of the Preference Points system prescribed by the Preferential Procurement Policy Framework Act 5 of 2000, the Municipality will award a maximum of 8 points for service providers located in the PPPFA and the Preferential Regulations, 2017 are not applicable to the sale and letting of assets, therefore the tender will be awarded to the bidder with the highest priceMossel Bay Municipal Area. Receipts will be issued on at request only for tenders 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 tender box will be emptied just after 12:00 on the closing date as above, hereafter where after all bids will be opened in public. Late tenders or tenders submitted by e-mail or fax will under no circumstances be accepted. The Municipality reserves the right to withdraw any invitation to tender and/or to re-advertise readvertise or to reject any tender or to accept a part of it. The Municipality does not bind itself to accepting the lowest tender or award a contract to the bidder scoring the highest tendernumber of points. It is expected of all Bidders prospective service providers who are not yet registered on the Central Municipality's Accredited Supplier Database to register without delay on by completing the prescribed form. The Municipality reserves the right not to award tenders to Bidders prospective suppliers who are not registered on the Database. ADV T GILIOMEE DR X XXXXX MUNICIPAL MANAGER

Page. 1.1 INVITATION TO TENDER 3 1.2 TENDER CONDITIONS AND INFORMATION 4 5 1.3 GENERAL CONDITIONS OF CONTRACT 10 12 1.4 SPECIFICATIONS 16 1.5 SPECIAL CONDITIONS OF CONTRACT 17 18 SECTION 2 2.1 SPECIFICATIONS 20 2.2 FUNCTIONALITY 50 2.3 PRICING SCHEDULE 18 60 SECTION 3 3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 19 68 SECTION 4 4.1 MBD4: DECLARATION OF INTEREST 22 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 25 4.3 80 4.5 AUTHORISED SIGNATORY 26 4.4 81 4.6 MBD8: DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 27 4.5 82 4.7 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 29 84 SECTION 5 DECLARATION 32 87 SECTION 6 CONTRACT FORM 33 ANNEXURE A THE RESOLUTION TAKEN BY THE BOARD OF DIRECTORS OF A CONSORTIUM OR JOINT VENTURE 35 88 COMPULSARY DOCUMENTATION/CHECKLIST 38 ANNEXURE B LOCALITY PLAN 40 TO TENDER DOCUMENT 90 SECTION 1.1: INVITATION TO TENDER CLOSING TIME: 12:00 CLOSING DATE: 17 JANUARY 2020 TDR 71/201916 NOVEMBER 2018 TENDER 13-18/19: LEASE SUPPLY OF MUNICIPAL BUILDING PRE-PAYMENT VENDING SYSTEM AND TWO OF THE PARKING BAYS SITUATED ON A PORTION OF XXX 0000, XXXXXX XX XXXXX XXXXXX AND ADRIAAN AVENUE, ASLA PARK, KWANONQABA (400M²) SERVICES Tenders are hereby invited from qualified and experienced service providers for the lease supply of municipal building prepayment vending system and two of services for the parking bays situated on a portion of Erf 6738, corner of Crotz Street and Adriaan Avenue, Asla Park, KwaNonqaba (400m²) Mossel Bay Municipality for the period of nine (9) years and eleven (11) months, to be utilised for restaurant purposesending 30 June 2024. Tenders must be submitted on the original documents and remain valid for ninety (90) days after the closing date of the tender. Enquiries pertaining to the specifications can be addressed to Ms A Lichaba Xx Xxxxxx Xxxxxx at telephone (000044) 000-000- 0000. Enquiries pertaining to the completion of the documents can be addressed to Xx Xxxxxxx Xxxxxxx at telephone (000) 000-0000 or Xx Xxxxxx Xxxxxxxxxx Ms Shadé Fortuin at telephone (000) 000-0000. A set of tender documents can be obtained compulsory information meeting which will take place 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 or (044) 606-5192 OR it can be obtained 10h00 on our website at xxxxx://xxx.xxxxxxxxx.xxx.xx/tenders-available free of charge (follow the procurement-link). Payments must be made Monday, 22 October 2018 at the cashiers at the Mossel Bay Municipality’s Xxxx Council Xxxxxxxx, 000 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 OfficesFirst Floor, Plaza Aquada Building, 00 Xxxxx Xxxxxx, Mossel Bay. 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 Xxxxxx, Mossel Bay by not later than 12h00 on Friday, 17 January 2020 or be mailed to reach the Tender Box, Mossel Bay Municipality, XX Xxx 00, Xxxxxx Xxx, 0000 before the specified closing date and time. The envelopes All partners if a joint Venture must be endorsed clearly with the number, title and closing date of the tender as above. The preference point systems prescribed in the PPPFA and the Preferential Regulations, 2017 are not applicable to the sale 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 tenders 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 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 circumstances be accepted. The Municipality reserves the right to withdraw any invitation to tender and/or to re-advertise or to reject any tender or to accept a part of it. The Municipality does not bind itself to accepting the highest tender. It is expected of all Bidders who are not yet registered on the Central Supplier Database to register without delay on the prescribed form. The Municipality reserves the right not to award tenders to Bidders who are not registered on the Database. ADV T GILIOMEE MUNICIPAL MANAGERattend this compulsory meeting.