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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 20

Agenda item no

20SUB 21/2/2019



Meeting date

Wednesday, February 20, 2019


Date closed

Wednesday, March 06, 2019

Resolution details

RESOLVED TO RECOMMEND Subcouncil 20 recommended that the lease of a Portion of Erf 73456, situated at Denbigh Road Plumstead, shown hatched and lettered ABCDE on the hatched plan LT 1466v1 marked Annexure A, in extent approximately 668m², to K2015053260 (South Africa) Pty Ltd, or their successors in title, be approved subject to inter alia the following Conditions, that:a. A tariff rental of R2506,09 per annum, plus VAT of 15%, being R375,91 (in total R2 882) subject to any increase in terms of rental for leased land as determined from time to time by Council. Rates not applicable;b. The lease will endure for a period of ten years with an option to renew for a further ten years, subject at any time to TWO MONTHS notice of termination;c. The rental will be adjusted annually in terms of the rental tariff structure as approved by Council;d. The land will be used for gardening & security purposes only and no structures other than the non-permanent visually permeable boundary fencing will be permitted within the lease area;e. Subject to such further Conditions to be imposed by the Director: Property Management in terms of her delegated authority;f. Subject to compliance with any other statutory requirements;g. No compensation will be payable for any improvement made to the property;h. A 500 mm diameter water main traverses the proposed lease area and the Council will have unrestricted access to the lease area where the water services exist;I. No construction, excavation or building works to take place on or in close proximity of existing water services;j. No trees and shrubs with invasive roots are to be planted within close proximity of the existing pipeline;k. Adherence to the requirements of the City of Cape Town’s Water By-law;l. The Water Services Department will not be held liable for any damages incurred to structures and/vehicles, due to unforeseen infrastructure repair/maintenance on and in surrounding area;m. Any alterations or deviation to electricity services necessary as a consequence of the proposal or requested by the applicant will be carried out at the applicant’s cost;n. It is the responsibility of the applicant to notify Telkom immediately should the applicant locate any Telkom plant which might not be indicated on the plan;o. Telkom requires access to carry out maintenance or upgrade existing plants at all times;p. A written request must be submitted to Openserve for consideration should the applicant require the plant to be relocated. The cost of such relocation will be recoverable from the applicant;q. No mechanical plant or vibrator may be used within 3 m of any plant (i.e any telecommunication equipment above and below the ground level);r. No vegetation is to be planted on the land which will hinder the existing clear sight line to the east for vehicles entering Constantia Main Road (PMR 30) from Denbigh Road;s. Should the lease be cancelled or required for road or storm water purposes, the land will be reinstated to its original state to the satisfaction of Transport and Urban Development Authority at the applicant’s cost;t. Settlement of all outstanding accounts with the City of Cape Town. FURTHER RESOLVED TO RECOMMENDu) Subcouncil 20 notes that clarity will be obtained by the Department on the meaning of “close proximity” in Condition (i).Action:

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