Subcouncil resolution details

Subcouncil 6

Agenda item no

06SUB 18/2/2021

Subject

PROPOSED LEASE OF A PORTION OF PUBLIC STREET, PORTION OF THE REMAINDER OF ERF 26663 BELLVILLE, DE RIJGER STREET, BELRAIL, BELLVILLE: PETER JOHN VAN DER BERG

Meeting date

Monday, February 15, 2021

Resolution

Noted

Date closed

Thursday, February 25, 2021

Resolution detail

Subcouncil 6 supported and noted the report and recommended to the Director: Property Management that the lease of a portion of Public Street, being a portion of the Remainder of Erf 26663 Bellville, situated at De Rijger Street, Belrail, Bellville, Cape Town, shown hatched and lettered ABCD on the attached plan TA 1050v1 marked annexure A to the report, in extent approximately 66 m², to Peter John Van der Berg, owner of Erf 26703 Bellville, or his successors in title, be approved subject, to inter alia the following conditions, that:

a) A tariff rental of R548.70 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 10 years;

c) The rental will be adjusted annually in terms of the rental tariff structure as approved by Council;

d) The property be used for security purposes only;

e) Subject to such further conditions imposed 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) The City of Cape Town has 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 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;

i)    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;

j)    No building, containers or structure shall be erected within 3 m of the electrical services;

k) 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 3 m of the electrical services must be carried out under the direction of a representative of this Department. In this regard, please contact this Directorate two week before the commencement of work;

l)    No stakes, pegs or pins shall be driven into the ground within 1 m of any part of the electricity services;

m) No plant or material shall be stored within 1 m of any part of the electricity services;

n) No mechanical plant may be used within 3 m of medium voltage cable or 5 m of high voltage cable;

o) The area applied for must remain open. Enclosing this area is not permitted;

p) The applicant shall not remove any boundary wall or fence common to the leased 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;

t) No altering, adding or removing of material may take place without prior written approval from the City;

u) Access must be granted 24/7 to council officials to undertake routine inspections and maintenance to roads and stormwater infrastructure, as and when required;

v) The Water & Sanitation department (i.e. its depot staff, contractors and plant) shall be granted full access to the portion to be leased, including the 50mm diameter water main crossing through the portion, during any time of the day for operation, maintenance and or repair purposes.