Subcouncil 12

Resolution detail

RESOLVED to RECOMMEND That Subcouncil 12 supports the approval of the lease over a portion of Public Street, being portion of Erf 17107, situated at Symphony Walk, Mitchell’s Plain, shown hatched and lettered ABCD, on the sketch LT 1277V.0 marked as Annexure A attached to the report, in extent of ±32m², to Melomed Hospital Holdings (Pty) Ltd, or their successor in title to use for the construction of a High Level Pedestrian Bridge (Air Rights), subject to inter alia, the following conditions: a) A market rental of R5 000.00 per month excluding VAT of 14% where applicable, being R700.00 (in total-R5 700.00) be payable, escalating at 8% per annum. The rental be adjusted as from 2016/12/01; b) The lease will endure for a period of ten years, the rental to be reviewed after five years, subject at any time to six months’ notice of termination; c) The Lessee shall bear all the costs involved in the transaction including, payment of annual rates, if applicable; d) The area will be used for a construction of high level pedestrian bridge (air rights) and for no other reason whatsoever; e) Electricity services exist within the lease footprint and the following conditions will apply: i) The right to construct and/or erect and lay such poles, stays, cables, wires or appurtenances relating thereto as may be necessary, together with the right 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; ii) 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 rights; iii) That no building, containers or structure shall be erected within three meters of electrical services; iv) That no excavation or filling shall be carried out with the servitude area without the prior consent of the Director: Electricity Services via a way-leave approval process. All excavations within three meter of medium voltage cable or five-meter-high voltage cable; v) That no stakes, pegs, pins shall be driven into the ground within one meter of any part of the electricity service; vi) That no plant or material shall be stored within one meter of any part of the electricity services; vii) The Lessee shall be responsible at all times for the maintenance and good order of the land; viii) The lease may be suspended at any time should the applicant not comply with the conditions; ix) On termination of the lease, the entire leased area musty be reinstated at the Lessee’s expense to a condition acceptable to this department. f) Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority; g) Subject to compliance with any other statutory compliance; h) No compensation will be payable for any other improvement made to the property; i) The property must comply with the National Building Regulations (NBR) and By-law relating to Community Free Safety and any applicable legislation.