Subcouncil 3

Resolution detail

It is recommended that the lease of a portion of Public Open Space, being a portion of Erf 863 Bellville, situated at Nederburgh Street, Welgemoed, Bellville, as shown hatched and lettered ABCDEF on the attached Plan TA 871v1 marked Annexure A, in extent approximately 1007m^2,, to Charl Ernest Cooper and Magdalene Colette Cooper, owners of the adjacent Erf 367 Bellville, or their sucessors-in-title, be approved subject, to inter alia the following conditions, that:
                   

1. A tariff rental of R3 391, 30 per annum excluding VAT calculated at the rate applicable at the time of the transaction be payable. Rates not applicable;

2. The lease will endure for a period of 10 years;

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

4. The property be used for garden and security purpose only;

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

6. Subject to compliance with any other statutory requirements;

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

8. Access for the maintenance and repairs of the City owned services located on the property must be granted at all times;

1. The City of Cape Town has the right to construct and/or erect and lay such poles, stays, cables, wires or appurtenances relating thereto as may be necessary, together with the right to use, inspect, maintain, repair, alter, relay and/or remove all such poles, stays, cable, wires or appurtenances aforesaid. This includes the right to bring machinery onto the property and to carry out excavations;

10. 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 right;

11. No building, containers or structure shall be erected within 3 m of the electrical services;

12. No excavation or filling shall be carried out within the leased area without the prior written consent of the Director: Electricity service 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 Directorate two week before the commencement of work;

13. No stakes, pegs or pins shall be driven into the ground within 1 m of any part of the electricity services;

14. No plant or material shall be stored within 1 m of any part of the electricity services;

15. No mechanical plant may be use within 3 m of medium voltage cable or 5 m of high voltage cable;

16. The applicant shall not remove any boundary wall or fence common to the leased area;

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