Subcouncil 19

Resolution detail

RECOMMENDED that, the lease of portion of City Land, being a portion of Cape Farm 948/28 Kommetjie, situated at Wildevoëlvlei Road, shown hatched and lettered ABCDEFGHJ on the attached plan LT1413v1 marked annexure A, in extent approximately 5178m², to Diva Nutritional Products, or its successors in title, be approved subject to inter alia the following conditions, that: a)A market rental of R23 500 per month inclusive of rates and excluding VAT calculated at the rate applicable at the time of transaction be payable; b)The rental will be reviewed after 5 years; c)The above rental is inclusive of rates and exclusive of VAT and is to escalate at 8% per annum compounded annually on a pro-rata basis commencing 6 months after date of valuation. Accordingly, the above recommended rental is to be adjusted as from 2018-05-01; d)The initial set up of costs to be applicable for the first five (5) years of the lease period only; e)The lease will endure for a period of ten years; f)The property be used to facilitate easier access and egress purposes only and no other structures whatsoever other than the boundary fencing will be permitted within the perimeter; g)Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority; h)Subject to compliance with any other statutory requirements; i)No compensation will be payable for any improvement made to the property; j)Adherence to the requirement of the City of Cape Town’s water by-law; k) A 100mm diameter water main traverse the proposed lease area and all parking bays shall be allocated minimum 1.0 meter away from the existing fence; l)The parking bay layout drawing is to be submitted to the water section for approval; m)The Council shall to have the right to free and unimpeded access at all times for the purpose of maintaining and repairing the water main and sewer; n)The applicant shall submit an engineering design to the water section for approval. The design should demonstrate that the water main will be adequately protected; o)A sewer main traverses the proposed lease area and manholes are to be constructed to finished premix levels and should be clearly marked to leave it exposed for accessibility and maintenance; p)The manholes are to be accessible at all times for maintenance and repair purposes; q)The applicant must have a 24hour cell phone number made available; r)No electricity services exist within the lease area, however any alterations or deviation to electricity services necessary a consequence of the proposal or requested by the applicant will be carried out at the applicant’s cost; s)The Applicant is required to plant required to plant replacement trees, at least one tree for each tree removed. A planting plan showing species and locations is to be submitted prior to the signing of the lease for approval by the City’s Environmental Management; t) A stormwater line crosses the proposed lease area and no structures are to be built over the stormwater line; u)Engineering drawing to be submitted for the section affecting the stormwater line prior to signing the lease; v)Telkom services are known to exist within the vicinity of the lease area and 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; w)Telkom requires access to carry out maintenance or upgrade existing plants at all times; x)Should any alterations or relocation of existing infrastructure be required, such work will be done at the request and cost of the applicant; y)In the event that Diva Nutritional Products (PTY) Limited no longer wishes to lease the subject property or defaults in any way resulting in the termination thereof, then Colcos Properties CC would take over the rights and obligations in terms of the proposed lease; z)Should the lease be terminated for any reason whatsoever, the land will be reinstated to its original state at the applicant’s cost. ACTION: SECRETARIAT / SHIVONN-LEE PECK