Subcouncil resolution details
Subcouncil 7
Agenda item no
07SUB 15/11/2023
Subject
PROPOSED LEASE OF CITY OWNED LAND, BEING A PORTION OF THE REMAINDER OF ERF 281 BELLVILLE, SITUATED AT PANDOER ROAD, WELGEMOED SPORTS COMPLEX, WELGEMOED, BELLVILLE: HB CHILD SPORTS UPLIFTMENT FUND (221-871 NPO) FOR SPORTING PURPOSES
Meeting date
Wednesday, November 15, 2023
Resolution
Recommend
Date closed
Monday, November 20, 2023
Resolution detail
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RESOLVED TO RECOMMEND |
That it be recommended that the lease of portions of Public Open Space, being portions of the Remainder of Erf 281 Bellville and building situated thereon, situated at Welgemoed Sport Complex, Pandoer Road, Welgemoed, Bellville, shown hatched and lettered ABCDEFGH on Plan No 130008231v1 marked Annexure A, in extent approximately 360m², to HB Child Sports Upliftment Fund (221-871 NPO) or their successors in title, be approved subject to inter alia the following conditions:
a) A tariff rental of R1 088,70 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 10 years;
c) The rental will be adjusted annually in terms of the rental tariff structure as approved by Council;
d) The property be used for community sporting purposes only;
e) Subject to such further conditions 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;
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) No person may reside, or sleep in the proposed leased area;
t) The applicant must undertake to become and remain a member of any Municipal Facility Management Committee which may exist or be established in respect of the precinct in which the Lease Area is situated for the duration of the Lease Period. |
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