Subcouncil resolution details
Subcouncil 6
Agenda item no
06SUB 20/5/2023
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: PAROW TENNIS CLUB
Meeting date
Monday, May 15, 2023
Resolution
Recommend
Date closed
Tuesday, May 23, 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 ABCD on the Plan No 130005505 attached and marked Annexure A to the report, in extent approximately 9 709 m², to Parow Tennis Club and functioning as a voluntary association, 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 be responsible for managing and maintaining the entire
leased area which includes the club house, the tennis courts, fence and
lighting at their costs. This also includes the refurbishment and
replacement of courts.
o) 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;
p) It is the responsibility of the lessee to provide adequate security in order to
secure its facilities;
q) 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;
r) 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;
s) The lessee shall make 1court available for general public use. The court
shall be made available for at least 2 hours per day, free of charge
between 8:00am and 17:00pm;
t) No person may reside, or sleep in the proposed leased area;
u) The property may only be utilized for Open Space purposes as defined in
the Development Management Scheme. |
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FOR ATTENTION: PIETER STRUMPHER
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