Subcouncil 16

Resolution detail

The Subcouncil manager, Mr Marius Coetsee informed the meeting that the officials from the Property department are on training. Page 844 of the report was replaced. See Addendum B. UNANIMOUSLY RESOLVED to RECOMMEND that the lease of a portion of public street, being a portion of Erf 4030 Hout Bay, situated at Edgar Road, shown hatched and lettered ABCDEF on the sketch WT 20000298 ‘A’, marked Annexure A, attached to the report, in extent and approximately 430m2, to P. S. Kovensky, owner of Erf 1244, Hout Bay, or his successors in title, BE APPROVED subject to inter alia the following conditions, that: a) A tariff rental of R1754.39, per annum excluding VAT of 14% where applicable, being R245,61 (in total – R2000) be payable. b) The lease will endure for a period of ten (10) years with an option to renew for a further ten (10) years; c) The rental tariff will be adjusted annually in terms of the rental tariff structure as approved by Council; d) The property be used for gardening and security purposes only and no structures other than boundary fencing will be permitted within the lease perimeter. e) The City Of Cape Town has the right to construct and/or erect and lay such poles, stays, cables, wires and appurtenances aforesaid. This includes the right to ring machinery on the property and carry out excavations. f) 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;; g) No building containers or structure shall be erected within three meters of the electrical services; h) No excavation or filling shall be carried out within the lease area without the prior written consent of the Director: Property Services via the way-leave approval process. All excavations with three meters of the electrical services must be carried out under the direction of a representative of Electricity Department. Kindly contact the electricity Department at telephone 021 763 5650 at least 2 weeks before work commences; i) No stakes, pegs or pins shall be driven into the ground within one meter of any part of the electricity services; j) No plant or material shall be stored within one meter of the electricity services; k) No mechanical plant may be used within 3 meters of medium voltage cable of 5 meters of high voltage c able. l) Perimeter enclosure and access gates: I. The visually permeable fencing enclosing the lease area may remain; II. Unrestricted 24 hour vehicular and personnel access to the area is to be maintained for the purpose of accessing and maintaining electricity services; m) No obstruction or interference with the free flow of water and provided that the riverine is managed in an environmentally sustainable manner; n) Unrestricted access to the lease area where water services exist; o) It must be made known to the applicant that Telkom requires access to carry out maintenance or upgrade existing plants at all times p) It is the responsibility of the applicant to notify Telkom immediately should the applicant locate any Telkom plant which might not be indicated on the plan; q) All alien/exotic vegetation must be removed from the lease area with immediate effect. The removal can be subject to a basic rehabilitation plan to the approval of the director: Environmental Resource Management; r) Only locally indigenous plant species must be planted within the lease area; s) A planting list of locally indigenous plant species must be provided to the Director: Environmental Resource Management for approval prior to implementation; t) No hard structures to be allowed within the lease area and any hard surfaces present must besides the existing fencing to be removed with immediate effect; u) No electric fencing on ground level up to 30cm above ground level to allow for fauna movement; v) No manipulation of the watercourse or the embankment without prior written consent from Director: Environmental Resource Management. Manipulation will only be considered for the purpose of improving ecological functioning of the watercourse and its ecological buffer; w) All outstanding accounts with the City of Cape Town must be settled; x) No compensation will be payable for any improvement made to the property, with or without the consent of Council, should the lease be terminated for any reason whatsoever.