Subcouncil resolution details

Subcouncil 7

Agenda item no

07SUB 21/6/2022

Subject

PROPOSED LEASE OF A PORTION OF CITY LAND ERF 6846 DURBANVILLE (PUBLIC PLACE), ABUTTING ERF 20229 DURBANVILLE, SITUATED AT DEXTER STREET, GOEDEMOED, DURBANVILLE: ANGUS PROPERTY TRUST FOR SECURITY PURPOSES

Meeting date

Wednesday, June 22, 2022

Resolution

Recommend

Date closed

Monday, June 27, 2022

Resolution detail

RESOLVED TO RECOMMEND

It is recommended that the lease of portion of public open space, portion of Erf 6846 Durbanville, situated at Dexter Street, Goedemoed, Durbanville shown hatched and lettered ABCD on the plan no TA 1023v1 attached and marked Annexure A, in extent approximately 143m², to Angus Property Trust or their successors in title, be approved subject to inter alia the following conditions:

A tariff rental of R 1130.43 per annum excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable;

The lease will endure for a period of ten years;

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

The property be used for security purposes only;

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

Subject to compliance with any other statutory requirements;

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

All outstanding accounts with the City of Cape Town must be settled;

No buildings and or structure be erected on the said property as there are municipal services located on the said property;

The applicant needs to shape the property to enable the 1:50 and 1:100 overland flow to freely flow via the property in the direction of the future R300 road reserve to the stormwater canal on Erf 6836;

The applicant will need to install grids in the boundary wall with Erf 6836 to allow for overland flow;

The applicant will be responsible to demolish and remove the culvert on Erf 6836 as this will serve no purpose any more once the said leased portion is not accessible for pedestrians;

Any alterations to electricity services necessary as a consequence of the proposal, or requested the applicant will be carried at the applicants cost;

No excavation is to take place on site without the possession of a wayleave and works permit;

The overhead/underground servitude conditions for the protection of electrical services are to be imposed on the entire lease area;

The lessee shall be responsible at all times for the maintenance and good order of the land;

The lease may be suspended at any time should the applicant not comply with the conditions;

On termination of the lease, the entire leased area must be reinstated at the lesses expense to a condition acceptable to the Department;

The City of Cape Town has the right to construct and/or erect and such lay poles, stays, cables, wires or appurtenances relating thereto as may be necessary, together with the right to use, inspect, maintain, repair, 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;

No building, containers, or structures shall be erected within 3m of the electrical services;

No excavations or filling shall be carried out within the leased area without the prior written consent of the Electricity Services Department via the wayleave approval process. All excavations within 3m of the electrical services must be carried out under the direction of a representative of this Electrical Department.

No stakes, pegs, or pins shall be driven into the ground within 1m of any part of the electrical services;

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

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

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

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Action: MELISSA VAN DER WESTHUIZEN