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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 4

Agenda item no

04SUB 23/1/2023

Subject

PROPOSED LEASE OF A PORTION OF PROVINCIAL GOVERNMENT WESTERN CAPE LAND (PUBLIC OPEN SPACE), WHICH LAND IS MANAGED BY THE CITY OF CAPE TOWN IN TERMS OF A MANAGEMENT AGREEMENT, BEING A PORTION OF REMINDER OF THE ERF 21024 GOODWOOD, SITUATED AT WESTERN CAPE LAND, NEW STREET, ELSIES PARK SPORTS FIELD, ELSIES RIVER, GOODWOOD FOR SPORTING PURPOSES: ELSIES RIVER UNITED RUGBY FOOTBALL CLUB (134-862 NPO)

Meeting date

Thursday, January 19, 2023

Resolution

Withdrawn

Date closed

Friday, February 03, 2023

Resolution detail

That the application for the Proposed Lease of a Portion Of Provincial Government Western Cape Land (Public Open Space), which land Is managed by the City Of Cape Town in terms of a Management Agreement, being a portion of the remainder of the Erf 21024 Goodwood, situated at Western Cape Land, New Street, Elsies Park Sports Field, Elsies River, Goodwood for sporting purposes: Elsies River United Rugby Football Club (134-862 Npo) be withdrawn for the following reasons:
 

  1. Agreement – No agreement between the City and Provincial Government could be traced.  A  new agreement or Power of Attorney must be established which requires delegated authority.
  2. Ownership – Whether Recreation & Parks will apply to purchase the land.
  3. Recreation & Parks has obtained a legal opinion that it may continue to undertake maintenance on the fields while a formal lease and or sale is pursued.  
  4. There are inhabitants on the premises, a lease needs to be regularized or notice of potential eviction.  The City is not the owner of the land and may not be legally able to proceed until all the points above are resolved.
  5. In the absence of a Lease Agreement, the Book and Play System be applied to all users;

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