RECOMMENDED that,
the lease of portion of Public Place and Public Street, being Erf 18202 (Public Place) and portion of Erf 17121 (Public Street) Mitchells Plain situated at Avontuur Close, shown hatched and lettered ABCDEF on the attached plan LT 1634v1 marked annexure A, in extent approximately 182 m², to Mogamat Ghalied Abbas, owner of Erf 18201 or his successors in title, be approved subject to inter alia the following conditions:
a) A tariff rental of R 1096.52 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 ten years, with an option to renew for a further period of ten 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 gardening and security purposes and no structures other than the existing structures will be permitted within lease area
e) Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority;
f) Subject to compliance with any other statutory requirements;
g) Electricity services exist within the lease area but the following condition will apply:
i. 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.
ii. The City of Cape Town has the right for any employee 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.
iii. No building, containers or structure shall be erected within (3) three meters of the electricity services.
iv. No excavation or filling shall be carried out within the servitude area without the prior consent of the Director: Electricity Services via the way-leave 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 the Electricity Department two weeks before the commencement of work.
v. No stakes, pegs or pins shall be driven into the ground within (1) one meter of any part of the electricity services.
vi. No mechanical plant may be used within 3 meters of medium voltage cable or 5 meters of high voltage cable.
h) No Telkom services are known to exist within the proposed lease area but the following conditions apply:
i. It is the responsibility of the applicant to notify Telkom immediately should the applicant locate any Telkom plant which might not be indicated on the plan.
ii. Telkom requires access to carry out maintenance or upgrade existing plants at all times.
i) Adherence to the requirements of the City of Cape Town’s water by-law.
j) The premises must comply with the National Building Regulations and By-Law Relating to community Fire safety and other applicable legislation.
k) The settlement of all accounts, if any with the City of Cape Town.
l) No compensation will be payable for any improvement made to the property.
ACTION: SECRETARIAT
