Subcouncil resolution details

Subcouncil 4

Agenda item no

04SUB 19/2/2021

Subject

PROPOSED LEASE OF A PORTION OF PUBLIC STREET, BEING A PORTION OF THE REMAINDER OF ERF 7597 GOODWOOD, SITUATED AT JOYCE STREET, GOODWOOD: ZAID AND PHIRDORE ISAACS

Meeting date

Thursday, February 18, 2021

Resolution

Approved

Date closed

Tuesday, March 09, 2021

Resolution detail

Subcouncil 4 resolved that the lease of a portion of public street, being a portion of the Remainder of Erf 7597 Goodwood, situated at Joyce Street, Goodwood, as shown hatched and lettered ABCD on the attached plan TA 1074v1 marked annexure A, in extent approximately 71m², to Zaid and Phirdore Isaacs, owners of the adjacent Erf 7794 Goodwood, or their successors in title, BE APPROVED, subject inter alia to the following conditions, that;

A market rental of R 548,70 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 may be used for garden and security purposed 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;
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.
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.
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 on the lease area;
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 the Electricity Department.
No stakes, pegs or pins shall be driven into the ground within 1 m of any part of the electricity services;
No plant or material shall be stored within 1 m of any part of the electricity services;
No mechanical plant may be used within 3 m of medium voltage cable or 5 m of high voltage cable;
The applicant shall not remove any boundary wall or fence common to the leased area;
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 City of Cape Town;
The City of Cape Town shall always have the right to uninterrupted access to 100 mm Ø water pipelines for operational, upgrade and maintenance purposes;
No additional development shall take place, structures erected or services installed within the lease area.