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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 19

Agenda item no

19SUB 19/11/2023



Meeting date

Monday, November 13, 2023



Date closed

Monday, November 13, 2023

Resolution detail

the proposed lease of portions of a public street, portions of registered remainders, being portions of erven 88353 and 88309 Cape Town at St James situated at Boyes Drive, lettered ABCDEF, and GHJK on the attached sketch 130008457 marked annexure A, in extent approximately 331.67 m², to Peakload Services and Properties Pty Ltd, owner of Erf 152322 or its successor in title, be approved subject, to inter alia the following conditions, that:
a)      A market rental of R4 200 per month inclusive of rates and excluding VAT calculated at the rate applicable at the time of transaction be             payable;
b)      The monthly rental is to escalate at 6% per annum and is effective and payable 2 months from date of this valuation i.e. as from 2022-12-01.
c)      The rental will escalate at 6% per annum;
d)      The lease will endure for a period of 10 years, subject to a review after five years
e)      The property be used for access, a carport (Figure ABCDEF), and a private entrance landing and railing (Figure GHJK) Erf 152322                    purposes only and no further structures shall be erected on the lease footprint;
f)       Subject to such further conditions to be imposed by the Director: Property Management in terms of delegated authority;
g)      Subject to compliance with any other statutory requirements;
h)      No compensation will be payable for any improvement made to the property;
 i)       The City is indemnified against any claim or compensation, once the Boyes Drive Widening Scheme is implemented and undertakes
          to demolish ay building constructed within the improve line at his/her own expense.
j)       Electricity services exist within the vicinity of the lease area and the following conditions will apply:

  1. 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;
  2. The City of Cape Town has the right for any employee or servant 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;
  3. No building, containers or structure shall be erected within 3 m of the electrical services;
  4. 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. In this regard, please contact this Department two weeks before the commencement of work;
  5. No stakes, pegs or pins shall be driven into the ground within 1 m of any part of the electricity services; PTMS014 SC report_v21 PEAKLOAD SERVICES AND PROPERTIES PTY LTD Page 5 of 31
  6. No plant or material shall be stored within 1 m of any part of the electricity services;
  7. No mechanical plant may be used within 3 m of medium voltage cable or 5 m of high voltage cable;
  8. The lessee shall be responsible at all times for the maintenance and good order of the land;
  9. The lease may be suspended at any time should the applicant not comply with the conditions;
  10. On termination of the lease, the entire leased area must be reinstated at the Lessee’s expense to a condition acceptable to this Department;
k)    The settlement of all outstanding accounts, if any, with the City of Cape Town;
l)     No lease agreement will be concluded until a valid Telkom wayleave is in place.
m) That the objections not be upheld for reasons provided in the report.

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