Subcouncil 16

Resolution detail

UNANIMOUSLY RESOLVED to RECOMMEND that the lease of a portion of public street, being a portion of Erf 1031 Hout Bay situated at Darling Street, shown hatched and lettered ABCDE on the plan LT 580v4 attached to the report marked as annexure A, in extent approximately 200m², to Stephen Pearson Tunley, owner of Erf 6023 or his successors in title, BE APPROVED subject to inter alia the following conditions, that; a)A tariff rental of R835,65 per annum excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable; b)The lease will endure for a period of ten years with an option to renew for further ten years; c)The rental will be adjusted annually in terms of the rental tariff structure as approved by Council; d)The property be used for gardening purposes only and no structures whatsoever other than boundary fencing will be permitted within the lease perimeter; e)Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority; f)Subject to compliance with any other statutory requirements; g)Electrical services are shown to exist within the lease area and any alterations or deviation to the electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s cost; h)A wayleave shall be obtained from the Electricity Services Department before any excavation work may commence; i)The existing Electricity kiosk must be excluded from the lease area; j)Telkom services are known to exist within the lease area and any alterations or relocation of existing infrastructure be required, such work will be done at the request and cost of the applicant; k)It is the responsibility of the applicant to notify Telkom immediately should the applicant locate any Telkom plant which might not be indicated on the plan; l)A written request must be submitted to Telkom for consideration should the applicant require a plant to be relocated. The cost of such relocation will be recovered from the applicant; m)Should the applicant expose any Telkom plant, the safeguard thereof will be the applicant’s full responsibility; n)Failure to comply with the above conditions or any special conditions addendum hereto will be regarded as gross negligence and the applicant will be held responsible for any damage or loss as a result; o)No compensation will be payable for any improvement made to the property; p)Adherence to the requirements of the City of Cape Town’s water by-law; q)Should the lease be cancelled for any purposes whatsoever, the leased area is required to be reinstated to the original natural state to the satisfaction of the Directorate Transportation. All costs are for the account of the applicant; r)A water main and sewer traverse the lease area and no structure shall be erected in the lease area; s)The Council have the right to free and unimpeded access at all times for the purpose of maintaining and repairing the water main and sewer; t)The City of Cape Town will not be obligated for the gardening reinstatement in the event of water pipes replacements or refurbishment; u)No trees shall be planted over the traversing sewer and water main; v)The manholes are to be accessible at all times for maintenance and repair purposes; w)The applicant’s 24-hour cell phone number to be made available.