Subcouncil 2

Resolution detail

 
RESOLVED that Subcouncil 2 recommend  to Council that the lease of portion of land, being  portions of Erven 501, 4141 and  remainder of 189 Brackenfell, bounded by Jacaranda, Dorrey and Stasie streets, Brackenfell, shown hatched and lettered ABCDEFGHJKLMNPQ on the Plan No 130008240v1 attached and marked Annexure A ,attached to the report, in extent approximately 15 220 m2, to Western Cape Education Department, on behalf of Protea Heights Acadamy High School, or its successors in title, BE APPROVED subject to the following conditions:  of the Municipality.
 

1. A tariff rental of R995, 65 per annum, excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable;

 

2. The lease will endure for a period of ten years;

 

3. The rental will be adjusted annually in terms of the rental tariff structure as approved by Council;

 

4. The property may be used for the purposes of sports fields only;

 

5. Access to the subject property by the general public other than at times when it is being used by the school for sports purposes, will not restricted in any way;

 

6. The above rental assumes that the Lessee is responsible for all maintenance of and repairs to the premises;

 

7. The above rental excludes any operational costs i.e. electricity, security water etc;

 

8. Subject to such further conditions to be imposed by the Director : Property Management in terms of her delegated authority;

 

1. Subject to compliance with any other statutory requirements;

 

10. No compensation will be payable for any improvement made to the property;

 

13. No trees may be removed from the property without consent from the Recreation and Parks Department;

 

• An application must be submitted to obtain the appropriate land use rights for the use of the property as sport fields;

 

• Appropriate care must be taken should it be evident that there is Open Serve network services present on the property;

 

16. The applicant must submit a Transport Impact Assessment and design plans, including parking, circulation and access, to the satisfaction of the Transport Planning directorate prior to the exercising any of the proposed land use rights;

 

17. The City of Cape Town has the right to construct and/or erect and lay such poles, stays, cables, wires or appurtenances relating thereto as may be necessary, together with the right to use, inspect, maintain, repair, alter, relay and/or remove all such poles, stays, cables, wires or appurtenances aforesaid. This includes the right to bring machinery onto the property and to carry out excavations;

 

18. 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;

 

19.   No building, containers or structure will be erected within 3 m of the electrical services;

 

20. No excavation or filling will be carried out within the leased area without the prior written consent of the Director: Electricity Services via the wayleave approval \process. All excavations within 3 m of the electrical services must be carried out under the direction of a representative of this department. In this regard, please contact this Directorate two week before the commencement of work;

 

21. No stakes, pegs or pins will be driven into the ground within 1 m of any part of the electricity services;

 

5. No plant or material shall be stored within 1 m of any part of the electricity services;

 

23. No mechanical plant may be used within 3 m of medium voltage cable or 5 m of high voltage cable;

 

10. The applicant shall not remove any boundary wall or fence common to the leased area;

 

25. On termination of the lease, the entire leased area must be reinstated at the Lessee’s expense to a condition acceptable to this Department;

 

26.   Unrestricted 24 hour vehicular and personnel access to the area is to  be maintained for the purpose of accessing and maintaining all City owned services traversing the property;

 
aa)     An application must be submitted to Heritage Western Cape, the Provincial Heritage Resources Authority in terms of the National Heritage Resources Act, 25 of 1999 (NHRA) in respect of the ruins of the building situated on the property in order to obtain the necessary permit for the demolition of the remainder of said building.
 
FURTHER RESOLVED:
 
That the conditions marked (f) and (g) indicated in the recommendation of the report BE REFUSED, namely
(f)   The subject property is not to be enclosed in such a manner as to restrict access   to the public in any way;
(g)   No parking will be permitted on the subject property.
 
ACTION: GERDA DU PLESSIS