Subcouncil 16

Resolution detail

Page 862 & 863 of the report was replaced. See Addendum C. UNANIMOUSLY RESOLVED to RECOMMEND that the lease of a portion of public street, being a portion of Erf 652, Hout Bay, Royal Avenue, Hout Bay, shown hatched and lettered ABCD on the sketch WT 20000306, marked Annexure A, attached to the report, in extent and approximately 310m2, to Hilton Leonard Swimmer, owner of Erf 4579, Hout Bay, or his successors in title, BE APPROVED subject to inter alia the following conditions, that: 1. A tariff rental of R1403,51, per annum excluding VAT of 14% where applicable, being R196,49 (in total – R1600) be payable. 2. The lease will endure for a period of ten (10) years with an option to renew for a further ten (10) years; 3. The rental tariff will be adjusted annually in terms of the rental tariff structure as approved by Council; 4. The property be used for gardening purposes only; 5. Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority; 6. Subject to compliance with any other statutory requirements; 7. Any alterations to electricity services necessary as a consequence of the proposal, or requested by the applicant will be carried out at the applicant’s cost; 8. It must be made known to the applicant that Telkom requires access to carry out maintenance or upgrade existing plants at all times; 9. 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; 10. Since important optic fibre cables will be affected, the applicant must contact Telkom before the commencement of construction work; 11. A sewer crosses the area in question (the approximate position is shown on the attached sketch WT 20000306), and the following conditions will apply: I. Access to the sewer must be available at all times for maintenance and repair purposes; II. No trees may be planted over the sewer and the Sewerage Department will be exempt from maintenance or restoring the garden to its original state; III. Existing ground levels may not be altered; IV. Council will not be held responsible for any damage to property within the leased area caused by a sewer bursting or by any repairs or maintenance work necessary; 12. All outstanding accounts with the City of Cape Town must be settled; 13. 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.