Subcouncil 16

Resolution detail

 RESOLVED to RECOMMEND that:
 

1. Council resolve that, in terms of section 14 of the Local Government:

       Municipal  Finance Management Act, Act 56 of 2003, a portion of Erf 1861
       Hout Bay being a portion of public street, situated at Fishermans Bend,
       Llandudno in extent approximately 402 m² as shown lettered ABCD on Plan
       LT 1349v1 (Annexure “A”) attached to the report, not be required 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 approve the granting of 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 1861 Hout Bay being a portion of a public street, situated at Fishermans Bend, Llandudno, in extent approximately 402 m², as shown lettered ABCD on Plan LT 1349v1 (Annexure “A”) attached to the report;
 
(c)    Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015, approve the closure of a portion of Erf 1861 Hout Bay, being a portion of public street, situated at Fishermans Bend, Llandudno, in extent approximately 402 m² as shown hatched and lettered ABCD on plan LT 1349v1, as Annexure “A” attached to the report;
 
      (d)    That the transfer of a portion of Erf 1861 Hout Bay being a portion of a public street, situated at Fisherman Bend, Llandudno, in extent approximately 402 m², as shown lettered ABCD on Plan LT 1349v1 (Annexure “A”) attached to the report, to Ober Family Trust, or their successor(s) in title, BE APPROVED subject inter alia to the following conditions, that:
 
 

1. The property be sold for the sum of R2 350 000, exclusive of 15% Vat being R352 500 (in total R2 702 500) plus costs;

 

2. The sales price shall escalate at 8% per annum for the period 2018-12-01 until 2020-03-31, thereafter, from 1 April 2020, it will further escalate at 5% per annum until date of registration;

 

3. The market value is to be reassessed if the transaction is not approved by the relevant decision making authority of Council within 24 months from date of valuation (i.e it must be approved by 2022-09-30);

 

4. An occupational rental of R2 820 per month (excluding VAT) be charged as from 2018-12-01, escalating at 8% per annum, until 2020-03-31, thereafter, from 1 April 2020 it will escalate at 6% per annum until date of registration;

 

5. Subject to such further conditions to be imposed by the Director: Property Management in the exercise of her delegated authority; including inter alia the following:              

 

1.     Subject to compliance with any other statutory requirements;

 

28.     All costs related to the transaction be borne by the applicant;

 

55. Adherence to the requirements of the City of Cape Town’s water by- law, with reference to:

 

• Clause 9; 10; 11; 13; 19; 24; 25; 28;

• Metering of water supplied;
• Chapter 3; and
• Schedule 1,

    

82. No Electricity services exist within the vicinity but the following condition will apply:

 

• Any alterations or deviations to electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s cost;

109. A Services Servitude to protect the City sewer, water and electricity infrastructure might be required over the subject property in future in favour of Erf 2023 Hout Bay should the subject property be developed;

 

136.   No trees are to be cut nor affected by the applicant’s proposal;