Subcouncil 16

Resolution detail

19/04/17: Messrs. Donavon Geysman and Raafiq Kolia represented the Property Department. Cllr Shayne Ramsay stated the report contains contradictions. Cllr Stuart Diamond stressed that a measure must be put in place to ensure adherence to the conditions. It was agreed that a condition be added that after 5 years it be confirmed that the lease conditions are adhered to. UNANIMOUSLY RESOLVED to RECOMMEND that the lease of portion of City Land, being a portion of public open space abutting Erf 876 Bantry Bay, situated at 22 Arcadia Road, Bantry Bay, shown hatched and lettered ABCDE on the sketch STC 1477/3 marked annexure A attached to the report, in extent approximately 203m², to Talya Francine Girnun, owner of Erf 876 Bantry Bay or her successors in title, BE APPROVED subject to inter alia the following conditions, that: a) A tariff rental of R1114,91 per annum excluding VAT 14% where applicable, being R156,09 (in total – R1271,00.) be payable; b) The lease will endure for a period of 10 years; c) The rental will be adjusted annually in terms of the rental tariff structure as approved by Council; d) The property be used for gardening purposes only; e) Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority; f) Subject to compliance with any other statutory requirements; g) No compensation will be payable for any improvements made to the property; h) All outstanding accounts with the City of Cape Town must be settled. i) Director: Property Department to check after five (5) years if the applicant adheres to the lease conditions. 19/03/17: As per Raafiq Kolia email d/d 18/03/17: a) The adjacent public open space has not been upgraded by the previous lessee. The lease going forward with the new owner will be subject to the a submission and approval a of landscaped plan. Property will not finalise a lease until the landscape plan is approved by the relevant city department. b) On an approved lease by council for gardening purposes. c) The asset owner City Parks have submitted their comment and confirm that they do not support the disposal of the proposed lease area and that the City must retain its ownership thereof. 15/03/17: Remains outstanding. 03/03/17: Email from Raafiq Kolia - Our admin section is waiting on City Parks to comment on the disposal application. They have asked for an extension and we informed them that they need to provide their response by 10 March 2017. 14/02/17: See item 16 SUB 10/02/17:Mr Saul Jacobs represented the Property department. Comments made during discussion: • applicant in breach of contract – it is not used for gardening purposes. • property should be sold, or it should be converted to its previous state After discussion, Subcouncil 16 agreed as follows: UNANIMOUSLY RESOLVED that the lease of portion of City land, being a portion of public open space abutting Erf 876 Bantry Bay, situated at 22 Arcadia Road, Bantry Bay: Talya Francine Girnun BE DEFERRED to investigate possible the sale of the land, or the conversion of the property to its previous state. 16/01/17: Mr Raafiq Kolia represented the Property Department. UNANIMOUSLY RESOLVED to that the report BE REFERRED BACK, to allow an investigation and report back as to the following issues: a) Has the adjacent public space been upgraded to allow for a pedestrian pathway/steps as required per par. XII in report, and if not, why not? b) On what basis was rental collected in the past? c) The option of selling the land be investigated.