Subcouncil resolution details
Subcouncil 20
Agenda item no
20SUB 12/11/2023
Subject
PROPOSED LEASE OF CITY LAND, BEING PORTION OF ERF 80999 CAPE TOWN, MAIN ROAD, DIEP RIVER: SHELL DOWNSTREAM SOUTH AFRICA PTY LTD
Meeting date
Wednesday, November 15, 2023
Resolution
Approved
Date closed
Thursday, November 16, 2023
Resolution detail
It be recommended that the lease of a portion of a public street, being a portion of Erf 80999 Cape Town situated at Main Road, Bergvliet, shown hatched and lettered ABCD on the attached plan marked Annexure A, in extent approximately 75m², to Shell Downstream South Africa Pty Ltd, owner of Erf 80998 or their successor in title, be approved subject, to inter alia the following conditions, that:
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A tariff rental of R620.00 per annum excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable;
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The lease will endure for a period of 10 years with an option to renew for a further 10 years;
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The rental will be adjusted annually in terms of the rental tariff structure as approved by Council:
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The property be used for gardening and security purposes only;
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Subject to such further conditions imposed by the Director: Property Management in terms of her delegated authority;
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Subject to compliance with any other statutory requirements;
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No compensation will be payable for any improvement made to the property;
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No structures other than the existing structures will be permitted within the lease area;
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Any alterations or deviations to electricity services necessary as a consequence of the proposal or requested by the applicant, will be carried out at the applicant’s cost;
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The City of Cape Town has the right to construct and/or erect and lay such poles, stays, cables, wires or equipment relating thereto as may be necessary, together with the right to use, inspect, maintain, repair, alter, relay and/or remove all such poles, stays, cables, wires or equipment aforesaid. This includes the right to bring machinery onto the property and to carry out excavations.
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No building, containers or structure shall be erected within 3 m of the electrical services.
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No excavation or filling shall be carried out within the leased area without the prior written consent of the Director: Electricity Generation and Distribution via the wayleave approval process. All excavations within 3 m of the electrical services must be carried out under the direction of a representative of this Department.
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No stakes, pegs or pins shall be driven into the ground within 1 m of any part of the electricity services.
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No plant or material shall be stored within 1 m of any part of the electricity services.
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No mechanical plant may be used within 3 m of medium voltage cable or 5m of high voltage cable.
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The lessee shall be responsible at all times for the maintenance and good order of the land.
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The lease may be suspended at any time should the applicant not comply with the conditions.
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On termination of the lease, the entire leased area must be reinstated at the Lessee’s expense to a condition acceptable to this Department.
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Action: William Spannenberg
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