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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 2

Agenda item no

02SUB 11/5/2023

Subject

PROPOSED LEASE OF A PORTION OF CITY OWNED LAND (SPECIAL OPEN SPACE), BEING A PORTION OF THE REMAINDER OF ERF 2579 BRACKENFELL, SITUATED OFF WITELS STREET, MORGENSTER HEIGHTS, BRACKENFELL: BRACKENFELL NETBALL CLUB

Meeting date

Wednesday, May 17, 2023

Resolution

Approved

Date closed

Thursday, May 25, 2023

Resolution detail


No one was present for the item.
 
It is recommended by Subcouncil 2 that the lease of a portion of City-owned land, being a portion of the Remainder of Erf 2579 Brackenfell, situated off Witels Street, Morgenster Heights, Brackenfell, as shown hatched and lettered ABCDEFGHJ on the Plan 130008204 attached and marked Annexure A, in extent approximately 2996 m², to Brackenfell Netball Club, or its successors-in-title, BE APPROVED subject to inter alia the following conditions, that:
 
  1. 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;
 
  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 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 maintenance to the property;
 
  1. 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;
 
  1. 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;
 
  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;
        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;
 
  1. 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;
 
  • 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 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;
 
  1. 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;
 
  1. The lessee will be responsible for managing and maintaining the entire leased area, which includes the club house, the netball courts and surrounding areas, at their costs. This includes the refurbishment and replacement of courts;
 
  1. The lessee will share and maintain the braai area with the Tennis Club collectively;
 
  1. No person may reside, or sleep in the proposed leased area;
 
  1. No development/alteration of the improved property may be undertaken without the written consent from the Lessor.
 
ACTION: GERDA DU PLESSIS

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