Subcouncil resolution details

Subcouncil 20

Agenda item no

20SUB 13/11/2023

Subject

PROPOSED LEASE OF A PORTION OF REGISTERED REMAINDER ERVEN 1304 AND 2382 HOUT BAY, SUNSET AVENUE, HOUT BAY-LLANDUDNO: MORAG ANN CARDOSO AND GERMANO CARDOSO

Meeting date

Wednesday, November 15, 2023

Resolution

Approved

Date closed

Thursday, November 16, 2023

Resolution detail

RESOLVED that:

It be recommended that the lease of a portion of registered remainder erven
1304 and 2382 Hout Bay, situated at Sunset Avenue, Hout Bay-Llandudno,
shown lettered ABCDEFGHJKLMNPQRSTUV on the attached plan 130004065
marked as Annexure A in extent approximately 294.82 m2, to Morag Ann Cardoso and Germano Cardoso, owners of Erf 2348 Hout Bay, be approved subject, to inter alia the following conditions, that:

A tariff rental of R1 855,65 per annum excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable;

The lease will endure for a period of 10 years with an option to renew for a further 10 years;

The rental will be adjusted annually in terms of the rental tariff structure as approved by Council;

The property be used for the purposes of gardening, security path, fence, retaining wall and terraces only, and no structures other than the existing structures will be permitted within the lease area;

Subject to such further conditions to be imposed by the Director: Property Management in terms of delegated authority;

Subject to compliance with any other statutory requirements;

No compensation will be payable for any improvement made to the property;

Recreation and Parks Department:

The applicant must restore the surrounding Public Open Space along the

boundary of the permanent structures, to its natural conditions;

The applicant must submit a rehabilitation plan, detailing the landscaping

treatment thereof, to the satisfaction of the Recreation and Parks Department;

The applicant must retain the necessary land use rights;
No automatic transfer of the lease agreement to a future succeeding owner;
Fencing must be moved to the original boundary, prior to the sale of the

property;

The applicant must pay the applicable penalties for contravening the City of

Cape Town Public Parks By-Law Section 11(1) r, as stipulated in the Notice of Contravention of the City of Cape Town Public Parks By-Law (PG6788 of 2010);

The applicant must pay the applicable Building Regulation penalties for the contravention stipulated by the Planning and Development Department.

Roads Infrastructure Management:

Should the lease be cancelled or required for road or storm water purposes,

the leased area may be required to be reinstated to the original natural state, to the satisfaction of Roads Infrastructure Management Department;

Allowance must be made for a pedestrian walk space with a minimum width

of 1.5m;

The construction of the carriageway crossing must be to the City of Cape

Town’s standards;
vi. Section BMNPQRSTUVA is reserved as public open space.

Electricity Department:

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;
The City of Cape Town has the right for any employee or contractor of the

City of Cape Town to enter and be upon the property at any time in the exercise of the aforesaid rights. Unrestricted 24 hour vehicular and personnel access to the area is to be maintained for the purpose of accessing and maintaining electricity services;

No building, containers or structure must be erected within 3m of the

electrical services;

No excavation or filling must 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 the Electricity Department. The applicant must contact the Department two weeks before the commencement of any work;
No stakes, pegs or pins must be driven into the ground within 1 m of any part

of the electricity services;

No plant or material must be stored within 1 m of any part of the electricity

services;

No mechanical plant may be used within 3 m of medium voltage cable or 5m

of high voltage cable;

The applicant will be responsible at all times for the maintenance and good

order of the land;

The lease may be suspended at any time should the applicant not comply

with the conditions;

On termination of the lease, the entire leased area must be reinstated at the applicant’s expense to a conditions acceptable to this Department.

Water and Sewerage Services Department:

No construction, excavation or building works must take place on or in close

proximity to the existing water or sewer services;

No trees and shrubs with invasive roots are to be planted within close

proximity to the existing water and sewer infrastructure;

The Council will have the right of access at all times for the purposes of maintaining and repairing the water main and sewer.

Telkom requires access to carry out maintenance or upgrade existing plants at

all times;

It is the responsibility of the applicant to notify Telkom immediately should the applicant locate any Telkom plant which may not be indicated on the plan.

.

Action: Lindsay Aron