Subcouncil resolution details
Subcouncil 6
Agenda item no
06SUB 14/3/2020
Subject
PROPOSED LEASE OF CITY LAND, BEING PORTION OF ERF 35115 BELLVILLE, SITUATED BETWEEN PETER BARLOW DRIVE AND URANIUM STREET, BELLVILLE, STIKLAND INDUSTRIAL: CHRIS STEYTLER INDUSTRIES FOR THE DISABLED (003-130-NPO)
Meeting date
Monday, March 16, 2020
Resolution
Recommend
Date closed
Monday, March 23, 2020
Resolution detail
Subcouncil 6 recommended to the Director: Property Management that the lease of portion of public open space, being a portion of Erf 35115 Bellville, situated between Peter Barlow Drive and Uranium Street Bellville – Triangle Farm, shown hatched and lettered ABCD on the attached Plan No TA 923v0 marked annexure A to the report, in extent approximately 640m², to Chris Steytler Industries for the Disabled, or its successors in title, be approved subject to inter alia the following conditions, that:
-
A tariff rental of R 920.00 per annum excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable;
-
The lease will endure for a period of ten years;
-
The rental will be adjusted annually in terms of the rental tariff structure as approved by Council;
-
The property be used for access purposes only;
-
Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority;
-
Subject to compliance with any other statutory requirements;
-
No compensation will be payable for any improvement made to the property;
-
No structures are to be erected on the leased land;
-
Should the land, in future, be sold a servitude must be registered in favour of the City of Cape Town;
-
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;
-
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 Electrical Department
-
The applicant shall not remove any boundary wall or fence common to the lease area;
-
No excavation is to take place on site without the possession of a wayleave;
-
The lessee shall be responsible at all times for the maintenance and good order of the land;
-
The lease may be suspended at any time should the applicant not comply with the conditions;
-
On termination of the lease, the entire leased area must be reinstated at the Lessee’s expense to a condition acceptable to the Electrical department;
-
The City of Cape has the right to construct and/or erect and lay such poles, stays, cables, wires or appurtenances relating thereof 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.
-
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 rights;
-
No building, containers or structure shall be erected within 1m of the electrical services;
-
No excavation or filling shall be carried out within 1m of the electrical services;
-
No stakes, pegs, or pins shall be driven into the ground within 1m of any part of the electricity services;
-
No plant or material shall be stored within 1m of any part of the electricity services;
-
No excavation or filling shall be carried out without the prior consent of the City, and the City shall be entitled to withhold such consent in its own discretion;
-
Any building or structure erected outside the servitude shall comply with Regulation 15 of the Electrical Machinery Regulations of the Occupational Health and Safety Act, No 85 of 1993.
.
FOR INFORMATION: MELISSA VAN DER WESTHUIZEN