Subcouncil 7

Resolution detail

RESOLVED

That it be recommended that:

a)Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, the subject property, being a portion of Erf 20188 Durbanville, situated at Durmonte Drive in extent approximately 920 m² as shown hatched and lettered ABCD on plan TA 1031v1 (Annexure A) , is not needed to provide the minimum level of basic municipal services and has considered the fair market value of the asset and the economic and community value to be received in exchange for the asset;

b)Council grants in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the transfer of a portion of Erf 20188 Durbanville, situated at Durmonte Drive in extent approximately 920 m² as shown hatched and lettered ABCD on plan TA 1031v1, (Annexure A);

c)Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015, approve the closure of the subject property being a portion of a public place, and being a portion of Erf 20188 Durbanville, in extent approximately 920 m² as shown hatched and lettered ABCD on plan TA 1031v1 (Annexure “A”); 

d)The transfer of a portion of Erf 20188 Durbanville, in extent approximately 920 m² as shown hatched and lettered ABCD on plan TA 1031v1, (Annexure A) to Thyme Investments 8 CC, or their successor(s) in title, be approved, subject to the following conditions, that:
 

1. A purchase price of R1 850 000, excluding VAT, be payable;
    
2. The purchase price is to be escalated by 5% per annum compounded annually on a pro-rata basis, commencing six months after date of valuation, i.e. from 1 April 2022, until date of registration;

 
The valuation is to be reviewed if not implemented within 36

1. months from date of valuation, i.e. by 1 October 2024;
    
2. Rates and municipal charges, if applicable, be levied;
    
3. Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority, including inter alia the following:

 
aa)      that all further statutory and land use requirements be complied with;
 
bb)      that the subject portion of Erf 20188 Durbanville be consolidated with the purchaser’s Erf 8816 Durbanville;
 
cc)       that the acquisition of the portion of public road over Erf 8816 Durbanville be successfully concluded, at the cost of the City;
 
dd)      that the existing play park located on the affected portion of Erf 20188 Durbanville be relocated at the cost of the applicant, and in consultation with the Recreation and Parks Department;
 
ee)      that service servitudes be registered over underground municipal services traversing the subject portion of Erf 20188 Durbanville, or alternatively, that underground services affected by the proposed development be relocated at the applicant’s cost; and
 
ff)        that all costs related or incidental to the transaction be borne by the purchaser.

FURTHER RECOMMENDED THAT

1. The wording reflecting: Retirement Village used within the report / documentation to be amended to the correct use, i.e. Dementia Care Centre 
2. Three storey building not supported: Double storey supported with same capacity if the applicant could be offered an additional portion of land to accommodate the intended capacity of the facility.
    
3. Park to be relocated as a buffer between the residential area and the facility.