Subcouncil resolution details

Subcouncil 7

Agenda item no

07SUB 23/8/2023

Subject

PROPOSED LEASE OF CITY OWNED LAND, BEING A PORTION OF ERF 1358 FISANTEKRAAL, SITUATED OFF DULAH OMAR ROAD, FISANTEKRAAL: THE UNIVERSITY OF THE WESTERN CAPE

Meeting date

Wednesday, August 16, 2023

Resolution

Recommend

Date closed

Monday, August 21, 2023

Resolution detail

RESOLVED TO RECOMMEND

It is recommended that Council resolve that, in terms of Regulation 41 (2)(e) of the Local Government: Municipal Asset Transfer Regulations, the subject portion of Erf 1358 Fisantekraal and building thereon, situated at Dulah Omar Road, Fisantekraal is surplus to the requirements of the Municipality.

It is recommended that the lease of City-owned land, being a portion of Erf 1358 Fisantekraal and building thereon, situated off Dulah Omar Road, Fisantekraal, as shown hatched and lettered ABCD on the Plan No TA 1063v3 and marked Annexure A, in extent approximately 1 100 m², to The University of the Western Cape, or its successors-in-title, be approved subject to inter alia the following conditions, that:

A tariff rental of R1 088,70 per annum, excluding VAT calculated at the

rate applicable at the time of transaction, be payable;

The rental will be adjusted annually in terms of the rental tariff structure as

approved by Council;

The above rental is exclusive of municipal services, i.e. rates, water and

electricity and insurance;

The lease will be subject to the property being redeveloped by the

applicant for the proposed use at a cost of no less than R1 791 125;

The lease will be for a period of ten (10) years, with rental to be reviewed

after five (5) years;

No sub-leases/sub-letting will be permitted without the City’s consent and

any new subleases to be reviewed by the Lessor;

The applicant will be responsible for full maintenance of land and buildings

and security;

No compensation will be payable for any improvements made to the

subject property;

A suitable condition to be included in the lease agreement that limits the

use of the subject property for use as a community health centre, i.e. clinic
and ancillary related purposes only.

Subject to such further conditions to be imposed by the Director: Property

Management in terms of her delegated authority;

Subject to compliance with any other statutory requirements.

ACTION: GERDA DU PLESSIS