Subcouncil 7

Resolution detail

RESOLVED TO RECOMMEND
 
That the lease of a portion of City owned land, being Erf 12517 Durbanville, situated at De Villiers Drive, Durbanville, shown hatched and lettered ABCDEF on Plan No TA 470v1 and marked annexure A, in extent approximately 1 ha, to Scouts South Africa (019-215 N PO) and on behalf of 1st Durbanville Scout Group, or its successors in title, BE APPROVED subject to inter alia the following conditions:
 
a)     A tariff rental of R 1 039, 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 social and recreational community 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 applicant will be responsible for all maintenance and security in respect of the entire leased area, including vacant land and fencing, as their cost;
i)      That the primary use of all Recreation and Parks managed sporting grounds/ facility precincts remain as community related activities/use. Any 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;
j)      Income generated on the facility will be used for the management, maintenance and capital investment into the facility. Any proceeds generated from a commercial activity ancillary to the primary use requires consent from the Lessor. Such activities may be supported subject to the proceeds invested into the facility to the benefit of the City and local community;
k)     The lessee shall provide the City with annual audited financial statements upon request;
l)      No development/alteration of the improved property may take place without he written consent from the Lessor;
m)    No person may reside, or sleep in the proposed leased area;
n)    The lessee must develop and maintain a record of maintenance: the Lessee must submit to the lessor upon request so that due diligence checks can be timeously undertaken;
o)     The applicant must undertake to move the water connection and meter currently serving the property to connect from the 100mm connection serving Greenville with an off-take anywhere before the bulk meter chamber. If the current meter is not municipal then the applicant shall also apply and make payment for the supply and installation of a new municipal water meter to serve the property and replace the current meter. The existing connection will become redundant and must be terminated as part of the process for the new connection plus meter;
p) The applicant must comply with the Noise Control Regulations P.N. 200/2013 by not creating a disturbing noise nuisance to surrounding property owners and any noise producing plant or equipment must be adequately muffled;
q)     The premises must comply with the requirements of the Tobacco Products Control Act, Act 83 of 1993, and the Notice Relating to Smoking of Tobacco Products in public places, Regulation No R975 dated 29 September 2000;
r)      The applicant must maintain the property in a neat and tidy condition at all times so as not to cause a health nuisance;
s)     No sub-leases may be concluded by the applicant with any party without the written consent of the City of Cape Town.
 
Action:          GERDA DU PLESSIS