Subcouncil resolution details
Subcouncil 11
Agenda item no
11SUB 15/8/2021
Subject
PROPOSED GRANTING OF RIGHT TO USE, CONTROL OR MANAGE A MUNICIPAL CAPITAL ASSET: TRANSFER OF A SERVITUDE OVER PORTION OF PUBLIC STREET AND PUBLIC PLACE BEING PORTIONS OF REMAINDER ERVEN 103371 AND 102425 CAPE TOWN IN FAVOUR OF ERF 110766 CAPE TOWN
Meeting date
Wednesday, August 25, 2021
Resolution
None
Date closed
Sunday, September 19, 2021
Resolution detail
RESOLVED |
The members SUPPORTED that;
a)Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, that the subject property, being portions of Remainder Erven 103371 and 102425 Cape Town, situated off Balu Parker Boulevard, Gatesville, in extent approximately 9858m² shown hatched and lettered ABCDEFGH on Plan STC 2842 (Annexure “A”), is not needed to provide the minimum level of basic municipal services and has considered the fair market value of the asset and the economic and community value to be received in exchange for the asset;
b)Council grants in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the granting of a right to use and control or manage a municipal capital asset by way of transferring a servitude (parking) over portion of Remainder Erven 103371 and 102425 Cape Town, situated off Balu Parker Boulevard, Gatesville, in extent approximately 9858m² as shown hatched and lettered ABCDEFGH on Plan STC 2842 (Annexure “A”);
c)That the granting of a right to use, control and manage a municipal asset by way of transferring a servitude (parking) over portions of Remainder Erven 103371 and 102425 Cape Town, in extent approximately 9858m² shown hatched and lettered ABCDEFGH on Plan STC 2842 (Annexure “A”) to Gatesville Medical Centre Ltd t/a Melomed Hospital Holdings Ltd, or their successor(s) in title, be approved, subject to the following conditions, that:
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A purchase price of R12 000 000 excluding VAT be payable;
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The purchase price is to be escalated by 6% per annum compounded annually on a pro-rata basis, commencing 1 May 2018 until 31 March 2020. Thereafter the escalated purchase price shall escalate at 5% per annum until date of registration;
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Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority, including inter alia the following:
aa) that the subject property shall be used for parking purposes only at ground level;
bb) that the applicant shall, at its cost, construct and upgrade the parking area, enclose the area by fencing it in and install booms to control entry to and exiting from the parking area;
cc) two hundred and twenty (220) parking bays are exclusive for the applicant and eighty (80) parking bays shall be reserved for the Recreation and Parks Department;
dd) the applicant shall at its costs provide improvements to the club house and sport fields as indicated on the approved plans drawn up by IPA Architects, such improvements shall include, but not necessarily be restricted to, where necessary, the relocation and or removal of fencing, the relocation of cricket pitches and the building of cricket nets at the southern end of the sports fields, to the satisfaction of the Recreation and Parks Department;
ee) the applicant shall be responsible for obtaining the relevant public liability certificate associated with the site;
ff) the subject property must be notarial tied to the applicant’s property, Erf 110766 Cape Town;
gg) that all further statutory and land use requirements be complied with; and
hh) that all costs related and incidental to the transaction be borne by the purchaser.
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that the objections not be upheld.
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Action: C Davis |