That the lease of City land, being erf 137889 Cape Town, situated at Oboe Street, Retreat, shown hatched and lettered ABCDEFGHJKLMNPQRSTU on the attached plan LT 1487v1 marked annexure A, in extent approximately 8267 m², to Delta Primary School, or their successors in title, be approved subject to inter alia the following conditions, that:
a) A tariff rental of R 966.09 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 a further period of 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 Community purposes only;
e) Electricity services exist within the lease area and the following conditions will apply:
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.
The City of Cape Town has the right for any employee or servant or contractor of the City of Cape Town to enter and be upon the property at any time in the exercise of the aforesaid rights.
Unrestricted 24 hour vehicular and personnel access to the area is to be maintained for the purposes of accessing and maintaining electricity services. The access point to this area must conform to the requirements and specifications and be carried out under direct supervision of this Department’s staff. Please contact the District Manager, Mr M Duvenage, on telephone No. 021 444 8668 prior to commencement of any such work.
No building, containers or structure shall be erected within 3 m of the electrical services.
No excavation or filling shall 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 3 m of the electrical services must be carried out under the direction of a representative of this Department. In this regard, please contact this Directorate two week before the commencement of work.
No stakes, pegs or pins shall be driven into the ground within 1 m of any part of the electricity services.
No plant or material shall be stored within 1 m of any part of the electricity services.
No mechanical plant may be used within 3 m of medium voltage cable or 5 m of high voltage cable.
f) A sewer main traverses the lease area and the following conditions will apply:
The Council shall have the right to free and unimpeded access at all times for the purpose of maintaining and repairing the sewer.
The council shall not be held responsible for any damage to property within the lease area caused by the failure of either service or any repair or maintenance work which may be necessitated.
f )No excavation or filling shall be carried out within the area without prior consent of Council.
g) Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority;
h) Subject to compliance with any other statutory requirements;
i) No compensation will be payable for any improvement made to the property.
