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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 16

Agenda item no

16SUB 12/2/2020

Subject

PROPOSED CLOSURE OF CITY OWNED IMMOVABLE PROPERTY BEING PORTIONS OF ERVEN 25 AND 2519 CAMPS BAY

Meeting date

Monday, February 17, 2020

Resolution

Approved

Date closed

Wednesday, February 26, 2020

Resolution detail

 

PROPOSED CLOSURE OF CITY OWNED IMMOVABLE PROPERTY BEING PORTIONS OF ERVEN 25 AND 2519 CAMPS BAY
 
RESOLVED to RECOMMEND that:
 
  1. Council resolve that, in terms of section 14 of the Local Government:  Municipal Finance Management Act,  Act 56 of 2003, the subject of Erven 25 and 2519, situated off Victoria Road, Camps Bay, in extent approximately 88 m², shown by the hatched figure lettered ABCD, on the Plan STC 3185 (annexure A), attached to the report, is not required to provide the minimum value of basic municipal services; and has considered the fair market value of the asset and the economic and community value to be received in exchange for the asset;
 
  1. Council grants in-principle approval in terms of regulations 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the transfer of portions of Erven 25 and 2519, situated off Victoria Road, Camps Bay, in extent approximately 88 m², shown hatched and lettered ABCD, on the attached Plan STC 3185 (annexure A) attached to the report;
 
  1. Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, approve the closure of portions of Erven 25 and 2519, situated off Victoria Road, Camps Bay, in extent approximately 88 m², shown by the hatched figure lettered ABCD, on the Plan STC 3185 (annexure A) attached to the report;
 
  1. The transfer of portions of Erven 25 and 2519 Camps Bay situated off Victoria Road, Camps Bay, in extent approximately 88 m², shown hatched and lettered ABCD, on the Plan STC 3185 (annexure A), attached to the report, to Promenade Centre (PTY) LTD, or its succerssor(s) in title, BE APPROVED, subject to the following conditions, that:
 
i)   A purchase price of R2 500 000 excluding VAT be payable;
 
ii)  The purchase price is to be escalated by 8% per annum compounded
     annually on a pro-rate basis commencing 6 months from date of  
     valuation, i.e. 1 July 2019 until date of registration;
 
iii) An occupational rental of R16 700 per month (excluding VAT), escalating
     at 8% per annum, shall be payable as from 1 July 2019 until date of   
     transfer.
 
iv) The valuation is to be reviewed if the transaction is not approved by the
     relevant authority of Council within 18 months from date of valuation, i.e.
     by 1 January 2021;
 
v)  Rates and municipal charges, if applicable, be levied.
 
vi) Subject to much further conditions to be imposed by the Director: Property
     Management in terms of her delegated authority, inter alia the following;
 
aa) A servitude must be registered over 150mm sewer main crossing
      property.
 
bb) Cables/pipes are laid 1.0m clear of water mains, the appropriate
      positions which are shown on this plan.
 
cc) Chamber walls are 0.5m from water mains.
 
dd) District water inspector to be notified prior to commencement of work.
 
ee) No water main to be exposed without prior comment of the manager
      (water).
 
ff)  Applications will be responsible for the cost or damage to council services
     and other consequential damages.
 
gg) Any alterations or deviations to electricity services necessary as a
      consequence of the proposal, or request by the applicant, will be carried
      out at the applicant cost.
hh) Electrical infrastructure may exist on the property or in its vicinity.  A wayleave shall be obtained from the Electrical Services Department before any excavation work may commence.
 

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