Subcouncil 6

Resolution detail

RESOLVED that it is recommended that the lease of a portion of City owned land, being a portion of Erf 26364 Bellville, situated at Belrail Road, Bellville CBD, Bellville, as shown hatched and lettered ABCD on the Plan No TA 1108v1 attached and marked Annexure A, in extent approximately 980 m², to the Greater Tygerberg Partnership, a registered non-profit company (2012/181308/08) or its successors in title, be approved subject to inter alia the following conditions, that:

a) A tariff rental of R920 per annum excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable;

b) The rental will be adjusted annually in terms of the rental tariff structure as approved by Council; 

c) The lease will endure for a period of ten years;

d) The property be used only for the purpose of operating a nursing station; 

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) The property may only be used for the purpose of a nursing station and for no other purpose whatsoever; 

h) No compensation will be payable for any improvement made to the property; 

i) The tariff rental assumes that the Lessee will be responsible for all maintenance and repairs of the premises; 

j) A formal land use application for a temporary departure must be applied for by the applicant to permit use of the property as a clinic; 

k) As the lease, if approved, will be for a period of 10 years and, since a temporary departure is only valid for 5 years, the applicant will have to ensure that the temporary departure is renewed after the validity period of 5 years; 

l) The structure to be erected must be of a temporary nature; 

m) Prior to the occupation of the temporary structure an application for approval of building plans must be submitted and approved; 

n) Cleaning, security and maintenance of the proposed lease area will be the responsibility of the applicant; 

o) Any alterations to electricity services necessary as a consequence of the proposal or requested by the applicant will be for the applicant’s account; 

p) The applicant may not remove and boundary wall or fence common to the lease area; 

q) On termination of the lease, the entire leased area must be reinstated by the applicant to a condition acceptable to the City; 

r) Timeous application must be made by the applicant for a new or upgraded electricity supply. The connection fee, electrical shared-network charge and specific conditions will be determined upon receipt of a formal application; 

s) The applicant must include in their development measures to improve energy efficiently to reduce the consumption of energy; 

t) The applicant must comply with the City of Cape Town Environmental Health By-Law No 13333 of 2003; 

u) The applicant must comply with the Noise Control Regulations P.N. 200/2013 by not creating a disturbing noise nuisance to surrounding property owners and any noise producing plant or equipment must be adequately muffled; 

v) The premises must comply with the requirements of the Tobacco Products Control Act, Act 73 of 1989, and the Notice Relating to Smoking of Tobacco Products in public places, Regulation No R975 dated 29 September 2000; 

w) In terms of the City of Cape Town Environmental Health By-law No 13333, Part 3, Section 23: Medical Waste Management, all medical waste generators must apply to the Executive Director: City Health to handle and store medical waste. All transporters of medical waste must apply for registration with the Executive Director: City Health. Medical waste may only be disposed of by a person who holds a permit to operate a hazardous waste site in terms of section 20 of the Environmental Conservation Act, Act 23 of 1989, or who is authorised to incinerate medical waste by means of equipment which has been approved in terms of the National Environmental Management and Air Quality Act, Act 39 of 2004; 

x) An integrated waste management approach must be used that is based on waste minimization and should incorporate reduction, recycling, re-use and disposal where appropriate. Any solid waste must be disposed of at a landfill site, licenced in terms of section 20 of the Environmental Conservation Act, Act 23 of 1989; 

y) The premises must be rodent proofed in accordance with the Government Rodent Proofing Regulations; 

z) The applicant must maintain the property in a neat and tidy condition at all times so as not to cause a health nuisance; 

aa) The property must be suitably enclosed to prevent any nuisance from arising; 

bb) Access to the main line municipal sewer or drain must be provided at all times should there be a blockage or any health nuisance.