Subcouncil resolution details

Subcouncil 6

Agenda item no

06SUB 23/3/2023

Subject

PROPOSED LEASE OF A PORTION OF CITY OWNED LAND (SPECIAL OPEN SPACE), BEING A PORTION OF ERF 22334 PAROW, SITUATED AT DE GRENDEL ROAD, PAROW: WESTERN CAPE RINGBALL FEDERATION (190-978 NPO)

Meeting date

Monday, March 13, 2023

Resolution

Recommend

Date closed

Monday, March 20, 2023

Resolution detail

Subcouncil 6 SUPPORTED and NOTED the report and recommended to the Director Property Management that the lease of a portion of City-owned land, being a portion
of Erf 22334 Parow, situated at De Grendel Road, Parow, as shown hatched
and lettered ABCDEF on the Plan No 130006840 attached and marked
Annexure A to the report, in extent approximately 2 110 m², to Western Cape Ringball
Federation, a non-profit organization registered under Registration Number 190-
978 NPO, or its successors-in-title, be approved subject to inter alia the
following conditions, that:

a) A tariff rental of R1 039,13 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;

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

d) The property may be used for sporting purposes only;

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) No compensation will be payable for any improvement made to the
property;

h) The tariff rental assumes that the applicant will be responsible for all
maintenance to the property;

i) On termination of the lease, the entire leased area must be reinstated at
the Lessee’s expense to a condition acceptable to the City of Cape Town;

j) 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 subject to the submission and
approval of a formal development/land use/building plan application to and
from the controlling authorities including approval from the lessor;

k) 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;

l) Any proceeds generated from a commercial activity ancillary to the
sporting code requires consent from the Lessor. Such activities may be
supported subject to the proceeds being invested into the facility to the
benefit of the City and local community;

m) The lessee shall provide the City with annual audited financial statements
upon request;

n) The Lessee will undertake any capital expenditure with 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
improvements 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;

o) It is the responsibility of the lessee to provide adequate security in order to
secure its facilities;

p) The lessee must develop a record of maintenance plan: 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;

q) The area identified for lease is situated on the Usage Area captured in
IPARA as accountable for by Recreation & Parks. The accountability for
the currently defined Usage Area, notwithstanding the proposed lease, will
remain entrenched with Recreation & Parks. .

FOR ATTENTION: GERDA DU PLESSIS