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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 7

Agenda item no

07SUB 25/8/2022

Subject

PROPOSED LEASE OF PORTIONS OF CITY OWNED LAND (A PUBLIC OPEN SPACE), BEING PORTIONS OF ERF 2031 EVERSDALE AND 16146 BELLVILLE, SITUATED AT MOUNTAIN VIEW DRIVE, EVERSDAL FOR SPORTING PURPOSES: EVERTSDAL SPORT CLUB

Meeting date

Wednesday, August 24, 2022

Resolution

Recommend

Date closed

Monday, August 29, 2022

Resolution detail

 
RESOLVED TO RECOMMEND
                       .
That the lease of portions of City-owned land (Public Open Space), being portions of Erf 2031 Eversdale and Erf 16146 Bellville and buildings situated thereon, situated at Mountain View Drive, Eversdale, as shown and lettered ABCDEFGH on Plan No 130008925 and marked annexure A, in extent approximately 9 440m, to Evertsdal Sport Club or its successors in the title, be approved subject to inter alia the following conditions:
 
  1. A tariff rental of R995.65 per annum, excluding VAT calculated at the
rate applicable at the time of transaction be payable. Rates not applicable;
 
  1. The lease will endure for a period of ten years;
 
  1. The rental will; be adjusted annually in terms of the rental tariff structure
      as approved by council;
 
  1. The property may be used for sporting purposes only;
 
  1. Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority;
 
  1. Subject to such compliance with any other statutory requirements;
 
  1. No compensation will be payable for any improvement made to the property;
 
  1. The tariff rental assumes that the applicant will be responsible for all mainte-nance to the property;
 
  1. On termination of the lease, the entire lease area must be reinstated at the lessee’s expense to a condition acceptable to the City Of Cape Town;
 
  1. The least area will accommodates both Squash and Tennis as a sporting code, notwithstanding that the lease will be in the name of Eversdal Sport Club;
 
  1. The clubs must enter into a shared-facility management agreement. The purpose of the document is to set out assets components ,property and facility management activities, the roles and responsibilities for the execution of these activities  and the financial arrangements required to the support the sustained and effective management of the least area;
 
  • Any shared–facility management agreement will require the consent of the lessor;
 
  1. The addition of any new club or sporting code within the leased area will also require the formal written consent of the lessor;
 
  • The responsibility of maintaining the club houses, the courts, fence and lights, trees and the grass area will be the cost of the lessee. The City will maintain the exterior of the building;
 
  • The primary use of all recreation and Parks managed sporting grounds/facility precincts remain as community sporting related activities/use. Any non-sporting commercial activity will be subjected to the submission and approval of a formal development/and use/building plan application to and from the controlling authorities including approval from the lessor;
 
  1. Income generated on the facility will be used for the management and maintenance of the improvements including the sports facility, local community sports and recreation programmes.
 
  1. Any proceeds generated from a commercial activity ancillary to the sporting code requires consent from the Lessor. Such activities maybe supported subject to the proceeds being invested into the facility to the benefit of the City and local community;
 
  1. The lessee shall provide the City with annual audited financial statements upon request;
 
  1. The Lessee will undertake any capital expenditure withy the written permission of the lessor only. The purpose of the capital expenditure is to repair, improve the City asset to the benefit of the community. The improvement must be of a permanent nature and must form part of the City asset (i.e. not removable) which will increase the asset value (economic/social value)for the City;
 
  1. No person may reside, or sleep in the proposed leased area;
 
  1. It is the responsibility of the lessee to provide adequate security in order to secure its facilities;
 
  1. The lessee must develop a record of maintenance plan: A propose schedule of repairs and maintenance must be maintained by the Lessee and be submitted to the lessor upon request so that due diligence checks can be timeously undertaken;
 
  1. The lessee shall make provision of at least 2 hours per day for the general public use free of charge between 08:00 to 17:00pm;
 
  1. A record of maintenance plan must be developed, i.e. a proposed schedule of repairs and maintenance must be maintained by the Lessee and be submitted to the lessor upon request so that due diligence checks can be timeously undertaken.
                       .
Action:         GERDA DU PLESSIS

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