RULES OF THE TENDER PROCESS

Transcription

1 SALE OF LAND REFERENCE NUMBER 209/2683 NAIROBI RULES OF THE TENDER PROCESS N A M E A N D A D D R E S S O F T H E VEND O R The Embassy of the Republic of Poland in Kenya 58 Red Hill Road, off Limuru Road Nairobi P.O. Box Nairobi Phone : address: terezasecretary@hotmail.com nairobi.secretary@msz.gov.pl. Website: This document explains the rules and conditions of the sale of the real estate property described below. 1

2 1. DESCRIPTION OF THE PROPERTY 1.1. Land Reference Number: 209/2683 (the Property ); 1.2. Registered Owner: Government of the Republic of Poland (the Vendor ). 1.3 Title: Leasehold for a term of Ninety Nine (99) years from the 1st of April Location: The Property is located at the junction of Kabarnet Road and Kabarnet Lane in the Kilimani area and only 5km from the City centre. The area is mainly residential with a recent increase in the development of apartments and town houses as well as commercial offices Area: The plot is approximately acres; 1.6. Description: The Property has a built up area of approximately 14,040 square feet and consists of a double storey building accommodating three flats, an office and the residence with staff quarters. The plot is almost rectangular in shape and the land is reasonably level. It is has a perimeter masonry wall with an electric fence and two steel gates for access to Kabarnet Road and Kabarnet Lane. The Seller makes no warranty as to the condition of the Property and the buyer is to satisfy themselves as to the condition and fitness of the Property User of the Property according to its title is Residential use In the Rules of the Tender Process (including the recitals hereinabove), save where the context otherwise requires, the following terms shall have the following meanings: Bidder Deposit Minimum Tender Amount Tender/s Tender Account means any person interested in submitting an offer by way of the Tender Amount for the Property. means ten per cent (10%) of the Tender Amount less the Tender Deposit. means the sum of Kenya Shillings Two Hundred and Thirty Five Million (KShs. 235,000,000/=) being the minimum price acceptable for the Property by the Vendor; means the written proposed offer/s for the Property submitted by a Bidder (or bidders as required) conforming with the Rules of Tender Process as provided herein; means Account Name: Embassy of Poland 2

3 Bank: Commercial Bank of Africa Branch: Village Market, Nairobi Account Number: ; Tender Amount Tender Committee Tender Deposit Tender Pack means the amount proposed and offered by the Bidder in the Tender for the proposed purchase of the Property; means the representatives of the Vendor authorised to oversee and finalise the tender process; means of Kenya Shillings Five Hundred Thousand (KShs 500,000/=); means the set of documents containing the Rules of the Tender Process, Preliminary Agreement to Sell, the Agreement for Sale, copy of the Official Search of the Property, a copy of the Title, details of Land Rent and Land Rates payable for the Property. ; 2. PRESENTATION OF THE TENDER 2.1. The Bidder should collect a Tender Pack from the Knight Frank Office in Nairobi after payment of a non-refundable fee for Kenya Shillings Four Thousand (KShs. 4,000/=). Bidders must thereafter submit their bids in writing and in English, in a sealed envelope indicating clearly on the envelope the following: INVITATION FOR OUTRIGHT PURCHASE OF THE EMBASSY OF POLAND S PROPERTY ON KABARNET ROAD, KNOWN AS LR NUMBER 209/2683 IN KILIMANI, NAIROBI 2.2. The Tender shall contain the following details and/or requirements so as to also be in compliance with Polish law Description of the Bidder If the Bidder is an individual then, his/her full name and contacts (i.e. physical address, phone, , fax); 3

4 If the Bidder is a company, then full names of the directors and shareholders, a copy of the Certificate of Incorporation, Memorandum and Articles of Association and filed Annual Returns for the last three (3) years of the company. If the company belongs to a group, the name of the group; 2.3. The Tender must be dated and contain a description of the Property, that is, the Land Reference Number, the proposed Tender Amount, and must be signed by an authorised representative of the Bidder where the Bidder is an entity or the Bidder himself where the Bidder is an individual. Each page of the Tender should be initialled by the Bidder or its representative, as the case may be. Where the Tender is being signed under a Power of Attorney, a certified copy the original stamped and registered Power of Attorney document should be attached to the Tender Tender Deposit All Tenders must be accompanied by banker s cheque for Kenya Shillings Five Hundred Thousand (KShs. 500,000/=) as payment of the Tender Deposit, made out to the Embassy of the Republic of Poland in Nairobi Failure to provide such payment or if such payment has for whatever reason not been reflected in the Tender Account will result in the Tender being invalid and will not be considered The Tender Deposit payment of any unsuccessful Bidders shall be returned to them, without interest, within three days from February 24th 2014 when the results of the Tender will be announced. Each Bidder is required to provide the account details to which the Tender Deposit is to be refunded, in the event that the Bidder s Tender is rejected Where a successful Bidder does not proceed with his Tender after having won the same, the Tender Deposit of such Bidder shall be forfeited The Tender Deposit paid by the successful Bidder shall form part of the deposit payable in respect of the purchase price of the Property Bidders obtaining financing, i.e. applying for a loan to purchase the property, will not be considered. 4

5 3. DEADLINE FOR RECEIPT OF TENDERS 3.1. Tenders in sealed envelopes bearing the reference from the Tender Pack and fully compliant with the provisions in Clause 2 herein should be deposited in a tender box located at the Knight Frank Office in Nairobi and must be received by no later than 12 noon on February 14 th The Tender with all requisite information and/or details as stipulated in these Rules must also be submitted with the following: The Preliminary Agreement to Sell in duplicate duly signed by the Bidder or the representative and witnessed by an Advocate; The Rules of the Tender Process duly signed by the Bidder or the representative; Evidence of payment of the Tender Deposit; Complete and accurate bank account details of the Bidder for purposes of refunding the Tender Deposit of the unsuccessful Bidders; Details of the Advocates representing the Bidder; 3.2. Tenders received after the aforesaid deadline or received in an unsealed envelope will not be considered The Tender once received is final and cannot be amended once received. 3.4 The Terms and Conditions herein may be revoked or changed at any time during the tender process. Further the Tender may be terminated without choosing any of the bids/tenders and invalidate any of the agreements concluded as a result of the tender process. 4. CHOICE OF THE BIDDER 4.1. On the date of opening the respective bidders tenders the Tender Committee will open, consider and select the approved winning Tender. Any Bidder may attend the opening of the Tender, however, failure to attend shall not affect the winning Tender The Tender Committee shall ensure that all formal requirements have been met and the tender process duly observed. Any Tender which is not compliant with the Rules of the Tender Process will be rejected forthwith. 5

6 4.3. The highest Tender will be considered and the final decision will be announced by the Embassy of the Republic of Poland In principal, the highest Bidder shall win however where the Tenders are found to have a differential of less than 5%, the Tender Committee may select the winning Tender, by way of an oral tender or auction, on the same day. The final decision on the winning Tender or even proceeding with any Tender shall be at the complete and absolute discretion of the Tender Committee and all Bidders shall agree not to contest but to be bound by such decisions The unsuccessful Bidders shall also be informed accordingly and their respective Tender Deposits repaid, without any interest, within three (3) days of the announcement of the decision The winning Bidder may be requested to produce additional documents where necessary The Bidders will bear their own costs and the successful Bidder will bear his or her own Advocate s costs in respect of the subsequent Sale Agreement 5. VISIT TO THE SITE 5.1. A visit of the site is only possible by making an appointment. Visitors without an appointment will not be granted access To make an appointment, please call the Knight Frank Office in Nairobi on telephone numbers: / / MISCELLANEOUS CLAUSES 6.1. The Tenders are subject to approval by the Tender Committee The Vendor reserves the right to reject a Tender even if it is the highest Tender. 7. PURCHASE PRICE 7.1. The currency used for the Tenders is KENYA SHILLINGS (KSH.) 6

7 8. AGREEMENT FOR SALE 8.1. Attached to the Preliminary Agreement to Sell is the Agreement for Sale. Each Bidder will have signed the Preliminary Agreement to Sell and as such the Agreement for Sale is attached to the same and it is a condition of the Preliminary Agreement to Sell that the winning Bidder is required to enter into and sign the Agreement for Sale in the form attached without any changes (save for manifest error) and to pay the Deposit within seven (7) days after the announcement of the winning Tender In the event the winning Bidder does not sign the Agreement for Sale and pay the Deposit within the seven (7) days then their Tender Deposit shall be forfeited and the Tender Committee will seek to sell the Property to another. The Bidder having read the Rules of the Tender Process hereby confirm to abide by the said Rules: Signature (Individual)... Authorised Representative (Company/Entity)... 7