Subcouncil 3

Resolution detail

It is recommended that the lease of a portion of closed Public Place, being a portion of Erf 863 Bellville, situated at Nederburgh Street, Welgemoed, Bellville, shown hatched and lettered ABCDEFG on the attached plan TA 874v1 marked annexure A, in extent approximately 335 m², to Michael Paul Walter Rogowski, owner of Erf 370 Bellville, or his successors in title, be approved subject, to inter alia the following conditions, that:
 

1. A tariff rental of R2 193,91 per annum excluding VAT calculated at the rate applicable at the time of transaction be payable.  Rates not applicable;

2. The lease will endure for a period of 10 years;

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

4. The property be used for garden and security purposes only;

5. Subject to such further conditions imposed by the Director: Property Management in terms of her delegated authority;

6. Subject to compliance with any other statutory requirements;

7. 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;

8. No compensation will be payable for any improvements made to the property;

1. No building, containers or structure may be erected on the leased area;

10. 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;

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

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

13. The applicant shall not remove any boundary wall or fence common to the leased area;

14. The lessee shall be responsible at all times for the maintenance and good order of the land;

15. On termination of the lease the lease area must be restored at the applicant’s expense to the satisfaction of the City of Cape Town;

16. 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;

17. 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;

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

19. 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 weeks before the commencement of work;

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

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

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

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

10. The applicant shall not remove any boundary wall or fence common to the leased area.