Subcouncil 20

Resolution detail

RESOLVED TO RECOMMEND Subcouncil 20 supports that the lease of portion of public street, being portions of Erven 78876 and 79532, Roscommon Road, Road, Diep River, shown hatched and lettered ABCD on the attached Plan LT 1017v0 and marked annexure A, in extent approximately 817m², to Amber Terrace Body Corporate, owners of abutting Erf 116126, or their successors in title be approved subject to inter alia the following Conditions, that: a) The lease will endure for a period of ten (10) years with an option to renew for a further ten (10) years; b) A tariff rental of R2 373.68 per annum excluding VAT of 14% where applicable, being R 332.32 (in total – R 2 706) be payable; c) Payment of annual rates will apply, if applicable; d) The rental of will be adjusted annually in terms of the rental tariff structure as approved by Council; e) The land will be used for gardening purposes only and no structures other than the existing structures will be permitted within the lease perimeter; f) Any boundary fence is to be of non-permanent type; g) The submission and approval of any necessary building plans in terms of the National Building Regulations, should be submitted to the Planning Department; h) Any fence that does not require the submission of plans in terms of the National Regulations will still require the approval of the Director: Property Management; i) 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 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; j) 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; k) No building, containers or structure shall be erected within three meters of the electrical services; l) No excavation or filling shall be carried out within the servitude area without the prior consent of the Director: Electricity Services. In addition, all excavations within three meters of the electrical services must be carried out under the direction of a representative of the Electricity Department. In this regard, the Electricity Department is to be contacted two weeks before the commencement of work. m) No mechanical plan is to be used within three meters of medium voltage cable or five meters of high voltage cable; n) No stakes, pegs or pins shall be driven into the ground within one meter of any part of the electricity services; o) No plant material shall be stored within one meter of any part of the electricity services p) Perimeter enclosure and access must conform to the requirements and specifications of the Electricity Department, allowing 24 (twenty-four) hour unrestricted access; q) It is the responsibility of the applicant to notify Telkom immediately should the applicant locate Telkom Plant which might not be indicated on the plan; r) It must be known to the applicant that Telkom requires access to carry out maintenance or upgrade existing plants at all times; s) No building or structures shall be erected within or over the lease area; t) No excavations or filling shall be carried out within the area without prior consent of Council; u) Council shall have the right of access at all times for the purposes of maintaining and repairing the water main; v) Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority; w) Subject to compliance with any other statutory requirements; x) All outstanding accounts with the City of Cape Town must be settled. Action: Denise Frank