ANNEXURE “D” - Certificate of independent bid determination 41
ANNEXURE “E” - Suggested pro-forma for budgeted income statement 45
This RFP has been prepared for the purpose of providing information to interested parties and allowing them to respond to it as part of the tender process of the Nelson Mandela Bay Metropolitan Municipality (NMBMM).
The NMBMM accepts no liability for any loss incurred by any person(s) due to events or actions taken as a consequence of the preparation and dissemination of this RFP document.
The NMBMM accepts no responsibility for the fairness, accuracy or completeness of any information or opinions, for any errors, omissions or mis-statements, negligent or otherwise, made by any person in this RFP document or any written or oral communication transmitted or made available at any time to an interested party or its advisers.
Interested Parties are to note that the submission of any Proposal does not confer any right or expectation on any party that the NMBMM will accept any specific Proposal.
Any person submitting any Proposal agrees that the NMBMM shall be entitled to utilize any Intellectual Property contained in such Proposal and such party waives and abandons any claim of copyright and/or any other rights in respect of any such Intellectual Property.
The only, lowest or any proposal will not necessarily be accepted and the NMBMM reserves the right to accept the whole or any portion of any proposal and/or to withdraw this Request for Proposals.
The purpose of this Request For Proposals (RFP) is to invite interested parties (Applicant/s) to submit proposals for the development of a botanical precinct/garden, to include Settler’s Park, St George’s Park, Victoria Park and Dodd’s Farm (the Reserve), in a Joint Venture (“JV”) with a Community Group or Entity (to be selected by the NMBMM pursuant to a separate competitive bidding process) in exchange for which development the JV will be granted a long term lease of the properties constituting the Reserve to enable the JV to use, manage and control the existing facilities situate on the properties (and the facilities to be established on the properties in terms of the proposal) in terms of the envisaged lease for the JV’s own account.
To encourage and ensure the involvement of the local community in the envisaged project, the NMBMM has called for an Expression of Interest from Community Groups or Entities situated in close proximity to the Reserve and it is envisaged that the successful Applicant and the successful Community Group or Entity will form a JV on a 74%(Applicant)/26%(Community Group or Entity) equity ownership basis under which to contract with the NMBMM subject to the Community Group or Entity being in a position to contribute its required equity funding of the envisaged JV. In this regard, Applicants are advised that the possibility exists that the Development Bank of South Africa and/or, the Eastern Cape Development Corporation and/or various Development Financing Institutions may well be prepared to consider financing the envisaged Project although no guarantees are furnished or to be implied in this regard.
It is accordingly a prerequisite that any interested party intending to respond to this RFP shall be prepared to conclude a Joint Venture agreement with the Community Group or Entity to be selected by the NMBMM.
LEGAL ISSUES AND REQUIREMENTS
The properties constituting the Reserve and identified in 3 below are currently registered in the name of the Regional Services Council – PE and a prerequisite to any award to be made in terms of this RFP is that a vesting transfer be registered in relation to the properties to reflect the NMBMM as owner thereof.
Any award to be made under this RFP shall furthermore be subject to such consents as may be required in terms of the Title Deeds under which the properties are held and the removal of such restrictive conditions contained therein which are inconsistent with the envisaged development.
To the extent that three separate properties constitute the Reserve, the NMBMM shall reserve the right in any lease to be concluded pursuant hereto (and the establishment of the JV referred to above) to consolidate such properties.
Any lease and the grant of any rights to use, control and manage the properties pursuant hereto (which shall be in favour of the JV) shall be subject to the prior compliance with the provisions of the Local Government: Municipal Finance Management Act 56 of 2003 and the Regulations promulgated thereunder and in particular, the Asset Transfer Regulations 2008.
The envisaged lease between the NMBMM and the JV (to be formed by the successful Applicant and the successful Community Group or Entity) shall consist of, inter alia, three phases, the first phase being for a period of one year from the date of conclusion thereof within which period the Applicant shall be obliged to acquire such consents, permissions or approvals as may be statutorily and/or otherwise required to undertake the development upon the properties. Phase two shall be for a period of two years commencing after phase one within which period the Applicant shall be obliged to undertake and complete its proposed development of the properties and phase three shall commence thereafter and endure for a period of thirty (30) years.