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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 4

Agenda item no

04SUB 21/2/2019

Subject

PROPOSED LEASE OF CITY LAND, BEING A PORTION OF PUBLIC LANE, ERF 7597 ABUTTING ERF 8067 GOODWOOD: WJ AND PJ BRUWER FOR SECURITY

Meeting date

Thursday, February 21, 2019

Resolution

Approved

Date closed

Monday, March 04, 2019

Resolution details

It is recommended that the proposed lease of a portion of public lane, being a portion of Erf 7597 Goodwood shown hatched and lettered ABCD on the attached plan TA 858v1, marked Annexure A, in extent approximately 99m² to William James and Patrecia Jeanette Bruwer the owner of Erf 8067 Goodwood or their successors in title BE APPROVED subject inter alia to the following conditions that:a) A tariff rental of R418.26 per annum excluding VAT calculated at the rate applicable at the time of transaction, be payable. Rates not applicable;b) The lease will endure for a period of ten years; with an option to renew five yearsc) The rental will be adjusted annually in terms of the rental tariff structure as approval by Council;d) The property be used for security purposes only;e) Subject to such further conditions to be imposes 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) All outstanding accounts with the City of Cape Town must be settled;i) No permanent or temporary structures will be permitted on the leased property;j) Access must be granted to the City of Cape Town Employees upon request to perform maintenance/ repair work;k) Unrestricted 24 hour vehicular and personnel access to the area/lane is to be maintained for the purpose of accessing and maintaining electricity services;l) Any alterations to electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s cost;m) The thoroughfare may be enclosed on both sides and the erection of the gates must conform to the requirements and specifications and be carried out under the direct supervision of the Energy: Electricity Generation and Distribution department. Mr Themelani Mhlonyeni should be contact before any such work is commenced 021471 4802;n) The applicant shall not remove any boundary wall or fence common to the lease area;o) No excavation is to take place on site without the possession of a wayleave and works permit. In this regard, please contact Mr Andre van Zyl of our Drawing Office at tel no: 021 444 8339 prior to the commencement of work.p) The attached overhead/underground servitude conditions for the protection of electrical services are to be imposed on the entire lease area.q) The lessee shall be responsible at all times for the maintenance and good order of the land.r) The lease may be suspended at any time should the applicant not comply with the conditions.s) On termination of the lease, the entire leased area must be reinstated at the Lessee’s expense to a condition acceptable to this Department. (Not specific)t) Please contact Mr Shawn Arrowsmith Tel no: 021 444 8395, at Public Lighting for their conditions regarding the existing lighting installation.u) The applicant is responsible for the cost of the disconnection of the supply to, and removal of the street light and the reinstatement thereof, on the expiry of the lease before leasing or purchasing of that portion.v) The costs for the above disconnection and removal will be rendered after an official application has been received.w) As it is a cable servitude, care should be taken not to damage the cable and no building on top of servitude should be allowed. If they are going to close it off, there must be access maintenance and care must be taken to not damage the cables.Lease conditions:a) The City of Cape Town has the right to construct and/or erect and lay such poles, strays, cables, wires or appurtenances relating thereto as may be necessary, together with the right to use, inspect, maintain, repair, alter, relay and/or remove all such poles, stays, cables, wires or appurtenances aforesaid. This includes the right to bring machinery onto the property and to carry out excavations.b) The City of Cape Town has the right for any employee or servant or contractor of the City of Cape Town to enter and be upon the property at any time in the exercise of the aforesaid right.c) No building, containers or structure shall be erected within 3m of the electrical services.d) No excavation or filling shall be carried out within the leased area without the prior written consent of the Director: Electricity Services via the wayleave approval process. All excavations within 3m of the electrical services must be carried out under the direction of a representative of this Department. In this regard, please contact this Directorate 2 weeks before the commencement of work.e) No stakes, pegs or pins shall be driven into the ground with 1m of any part of the electricity services.f) No plant or material shall be stored within 1m of any part of the electricity services.g) No mechanical plant may be used within 3m of medium voltage cable or 5m of high voltage cable.h) The area applied for must remain open. Enclosing this area is not permitted.i) The applicant shall not remove any boundary wall or fence common to the leased area. j) The lessee shall be responsible at all times for the maintenance and good order of the land.k) The lease may be suspended at any time should the applicant not comply with the conditions.l) On termination of the lease, the entire lease is a must be reinstated at the lessee’s expense to a condition acceptable to this Department.

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