Subcouncil resolution details
Subcouncil 2
Agenda item no
02SUB 10/8/2023
Subject
PROPOSED LEASE OF CITY OWNED LAND, BEING PORTIONS OF ERF 3178 KRAAIFONTEIN, SITUATED AT 8TH AVENUE, EIKENDAL, KRAAIFONTEIN: KRAAIFONTEIN CITY FOOTBALL CLUB (207-289 NPO)
Meeting date
Wednesday, August 16, 2023
Resolution
,Recommend
Date closed
Friday, August 25, 2023
Resolution detail
It is recommended by Subcouncil 2 that
The lease of City-owned land, being portions of Erf 3178 Kraaifontein, situated at 8th Avenue, Eikendal, Kraaifontein, as shown hatched and lettered ABCDEF and GHJK on the Plan No 130008862 attached and marked Annexure A, in extent approximately 191 and 7 569 square metres respectively, to Kraaifontein City Football Club (207-289 NPO), or its successors-in-title, be approved subject to inter alia the following conditions, that:
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A tariff rental of R1 039,13 per annum, excluding VAT calculated at the rate applicable at the time of transaction, be payable. Rates not applicable;
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The lease will endure for a period of ten years;
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The rental will be adjusted annually in terms of the rental tariff structure as approved by Council;
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The property may be used for sporting purposes only;
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Subject to such further conditions to be imposed by the Director: Property Management in terms of his delegated authority;
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Subject to compliance with any other statutory requirements;
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No compensation will be payable for any improvement made to the property;
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The tariff rental assumes that the applicant will be responsible for all maintenance to the property;
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On termination of the lease, the entire leased area must be reinstated at the Lessee’s expense to a condition acceptable to the City of Cape Town;
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The primary use of all Recreation and Parks managed sporting grounds/ facility precincts remain as community sporting related activities/use. Any non-sporting commercial activity will be subject to the submission and approval of a formal development/land use/building plan application to and from the controlling authorities including approval from the lessor;
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Income generated on the facility will be used for the management and maintenance of the improvements including the sports facility, local community sports and recreation programmes;
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Any proceeds generated from a commercial activity ancillary to the sporting code requires consent from the Lessor. Such activities may be supported subject to the proceeds being invested into the facility to the benefit of the City and local community;
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The lessee shall provide the City with annual audited financial statements upon request;
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The lessee will be responsible for managing and maintaining the entire leased area;
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It is the responsibility of the lessee to provide adequate security in order to secure its facilities;
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The lessee must develop a record of maintenance plan: A proposed schedule of repairs and maintenance must be maintained by the Lessee and be submitted to the lessor upon request so that due diligence checks can be timeously undertaken;
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The area identified for lease is situated on the Usage Area captured in IPARA as accountable for by Recreation & Parks. The accountability for the currently defined Usage Area, notwithstanding the proposed lease, will remain entrenched with Recreation & Parks;
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No person may reside, or sleep in the proposed leased area;
Further Resolved:
That a condition be included in the agreement contracts of all sports clubs specifying that they are not liable for the utility bills on the sports facilities of the City of Cape Town.
ACTION: GERDA DU PLESSIS
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