Subcouncil 20

Resolution detail

RESOLVED TO RECOMMEND
 
Subcouncil 20 recommends that the lease of portion of public street, being portions of Erven 70100, 70194 and 70195 Cape Town, situated at Culm Road, Plumstead, shown hatched and lettered ABCDEF on the attached plan LT 238v1 marked annexure A, in extent approximately 285m², to Gilrourke Property (Pty) Ltd, owner of Erf 146227 Cape Town or its successors in title, be approved subject to inter alia the following conditions, that:
 

1. A market rental of R 3 150 per month inclusive of rates and excluding VAT calculated at the rate applicable at the time of transaction be payable; 
2.  The rental will escalate at 8% per annum, effective as from 2018-11-01; 
3. The lease will endure for a period of ten years. The rental will be reviewed after five (5) years; 
4.  The property will be used for staff and customer parking only; 
5. Subject to such further Conditions to be imposed by the Director: Property Management in terms of her Delegated Authority; 
6. Subject to compliance with any other statutory requirements; 
7. No compensation will be payable for any improvement made to the property; 
8. 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, stays, cables, wires or appurtenances aforesaid. This includes the right to bring machinery onto the property and to carry out excavations; 
9. Any employee, or contractor of the City of Cape Town has the right to enter and be upon the property at any time in the exercise of the aforesaid rights; 
10. No building containers or structure may be erected within 3m of the electrical services; 
11. No excavation or filling may be carried out within the leased area without the prior written consent of the Director: Electricity Services 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 Department. The Electricity Department must be contacted two weeks before the commencement of work;
12. No stakes, pegs or pins may be driven into the ground within 1m of any part of the electricity services; 
13. No plant or material may be stored within 1m of any part of the electricity services;
14. No mechanical plant may be stored within 3m of medium voltage cable or 5m of high voltage cable;
15. Perimeter enclosure and access gates – the existing fence enclosing the leased area can remain, but the Electricity Department requires unrestricted 24 hour vehicular and personnel access to the area for the purpose of accessing and maintaining electricity services. The existing lock on the gate must conform to the requirements and specifications of this Department;
16. The existing boundary wall along ‘ab’ attached plan LT 238v1 must remain; 
17. The applicant may contact the Electricity Department with regards to the conditions for the existing lighting installation; 
18. The applicant is responsible at all times for the maintenance and good order of the property 
19. On termination of the lease, the entire leased area must be reinstated at the applicant’s expense, to a condition acceptable to the City; 
20. No excavations or filling may be carried out within the area without prior consent of Council; 
21. No structures may be erected on the lease area; 
5. No trees may be planted within the lease area; 
23. The Council requires unimpeded access for the purpose of maintaining or repairing the sewer services; 
10. Manholes must be accessible at all times.