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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 6

Agenda item no

06SUB 16/8/2020

Subject

PROPOSED LEASE OF A PORTION OF CITY OWNED LAND (A PUBLIC STREET), BEING A PORTION OF ERF 25104 BELLVILLE, SITUATED AT TIENIE MEYER BY-PASS ROAD, BELLVILLE: HAVEN NIGHT SHELTER (002-831 NPO)

Meeting date

Monday, August 24, 2020

Resolution

Noted

Date closed

Tuesday, September 01, 2020

Resolution detail

 
Subcouncil 6 supported the report and recommended Director: Property Management that:
 
The lease of a portion of City owned land, being a portion of Erf 25104 Bellville, situated at Tienie Meyer By-Pass Road, Bellville, as shown hatched and lettered ABCD on the Plan No TA 1014v1 attached and marked Annexure A to the report, in extent approximately 918 m², to the Haven Night Shelter (002-831ni NPO), a registered non-profit organization, or its successors in title, be approved subject to inter alia the following conditions, that:
 
a) A tariff rental of R966,09 per annum excluding VAT calculated at the rate
applicable at the time of transaction be payable. Rates not applicable;
 
b) The rental will be adjusted annually in terms of the rental tariff structure as
approved by Council;
 
  1. The lease will endure for a period of ten years;
 
d) Subject to such further conditions to be imposed by the Director: Property
Management in terms of her delegated authority;
 
  1. Subject to compliance with any other statutory requirements;
 
f) The property may only be used for the purpose of a night shelter for
homeless people and for no other purpose whatsoever;
 
g) No compensation will be payable for any improvement made to the
property;
 
h) The tariff rental assumes that the Lessee will be responsible for all
maintenance and repairs of the premises;
 
i) The applicant must obtain prior written approval from the Director:
Recreation and Parks should they wish to extend the current facility;
 
j) No permanent structures may be erected or trees planted within 3m from
the municipal sewer mains crossing the property;
 
k) All staff and vehicles of the City of Cape Town must have access at all
times for the purpose of maintenance and/or upgrading of services or
during the course of the execution of any of their duties and in the exercise
of their rights;
 
l) Any alterations or deviations 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) A wayleave must be obtained from the Electricity Serviced Department
before any excavation work may commence on the property;
 
n) The City of Cape town retains the right to erect or construct any such
poles, stays, 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 and
appurtenances thereto. This includes the right to bring machinery onto the
property and carry out excavations;
 
o) No building, containers or structure may be erected within 3 m of the
electrical services;
 
p) No excavation or filling shall be carried out in the leased area without 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 directions of a representative of the department and arrangements in this regard must be made 2 weeks prior to the
commencement of work;
 
q) No stakes, pegs or pins shall be driven into the ground within 1 m of any
part of the electricity services;
 
r) No plant or material shall be stored within 1m of any part of the electricity
services;
 
s) No mechanical plant may be used within 3m of medium voltage cables and
5m of high voltage cables
 
t) The area applied for must remain open and enclosing the area is not
permitted;
 
u) The applicant may not remove any boundary wall of fence common to the
leased area;
 
v) On termination of the lease, the entire leased area must be restored at the
Lessee’s expense to a condition acceptable to the City of Cape Town.
                       .

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