Subcouncil 7

Resolution detail

UNANIMOUSLY RESOLVED That the lease of a portion of City land, being a portion of the Remainder of Erf 1672 Bellville, situated at Oakdale Road, Bellville as shown hatched and lettered ABCDE on the Plan No TA 698v1 marked as Annex A (agenda page 289), in extent approximately 45 m², to Amulet Holdings (Pty) Ltd or its successor in title, be approved subject inter alia to the following conditions, that: a) A market rental of R2 000,00 per month exclusive of VAT and inclusive of rates be payable; b) The lease will endure for a period of 10 years; c) The rental be reviewed after a period of 5 years; d) The monthly rental is to be effective and payable on the basis of 8% escalation per annum commencing from 2018-01-01; e) The property be used for parking purposes only; f) Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority; g) Subject to compliance with any other statutory requirements; h) No compensation will be payable for any improvement made to the property; i) No lease agreement will be concluded until such time that a valid Tax Certificate has been received from the applicant; j) The existing tree on the property may not be chopped, lopped or felled to accommodate any future parking; k) Any alteration to electricity services necessary as a consequence of the proposal of requested by the applicant, will be carried out at the applicant’s cost; l) Unrestricted 24 hour vehicular access and personnel access to the area/lane is to be maintained for the purpose of accessing and maintaining electricity services; m) No excavation may take place on site within the area where services cross the property without the possession of a wayleave and works permit prior to the commencement of the work; n) The lessee shall at all times be responsible for the maintenance and good order of the land; o) On termination of the lease the entire leased area must be reinstated at the Lessee’s expense to a condition acceptable to the City; p) The thoroughfare is not to be divided amongst abutting owners; q) 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 to use, inspect, maintain, repair, alter, relay and/or remove all such poles, cables, wires or appurtenances aforesaid. This includes the right to bring machinery onto the property and to carry out excavations; r) The City of Cape Town has the right for any employee or servant or contractor of the City to enter and be upon the property at any time in the exercise of the aforesaid rights; s) No buildings, containers or structure shall be erected within 3m of the electrical services; t) No excavation or filling shall be carried out within the lease area without the prior written consent of the Director: Electricity Services via the wayleave approval process; u) No stakes, pegs or pins shall be driven into the ground within 1m of any part of the electricity services; v) No plant or material shall be stored within 1m of any part of the electricity services; w) No mechanical plant may be used within 3m of medium voltage cable or 5m of high voltage cable; x) The area of the lease must remain open and enclosing thereof is not permitted; y) The applicant may not remove a boundary wall or fence common to the leased area. ACTION: GERDA DU PLESSIS