Subcouncil 19

Resolution detail

 RECOMMENDED that,
 
the lease of portion of public street, being a portion of Erf 88248 Cape Town situated at Braemer Road,St James shown hatched and lettered ABCD on the attached plan LT 1519v0 marked annexure A, in extent approximately 25 m², to John Simon Draper, owner of Erf 88251 Cape Town or his successors in title, be approved subject to inter alia the following conditions:
 

1. A market rental of R800 per month inclusive of rates and excluding VAT calculated at the rate applicable at the time of transaction be payable;

2. The above rental shall escalate at 8% per annum for the period 2018-12-01 until 2020-03-31; thereafter to escalate at 6% per annum until date the lease contract has been signed by Council.

3. The lease will endure for a period of ten years;

4. The rental to be reviewed after a period of 5 years;

5. The property be used for parking purposes only and no other structures other than the boundary fencing will be permitted in the area;

6. Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority;

7. Subject to compliance with any other statutory requirements;

8. Any boundary fencing is to be of a non-permanent, visually permeable type, the submission and approval of any necessary building plans in terms of the national building regulations if applicable is required;

1. Any fencing that does not require the submission of plans terms of the national building regulations will still require the approval of the Director: Property Management;

10. A 50mm diameter water main crosses the area in question and adherence is required to the City of Cape Town’s water by-laws;

11. The City of Cape Town should have 24hour unrestricted access to the lease area where water services exist;

• No construction, excavation or building works to take place on or in close proximity of the existing water services (i.e. within 5m);

13. No trees and shrubs with invasive roots are to be planted with close proximity of the existing water infrastructure (water pipeline);

• The City (Water Services Department) will not be liable for any damages incurred to structures and/or vehicles, due to unforeseen repair/maintenance on and in the surrounding area;

• Electrical services are shown to exist within the lease area and any alterations or deviation to the electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s cost;

16. Unrestricted 24 hour vehicular and personnel access to the area is to be maintained for the purposes of accessing and maintaining electricity services;

17. A minimum of 3m to any overhead mains conductors shall be maintained at all times;

18. A wayleave must be obtained from Electricity Generation Department before any excavation work may commence;

19. Telkom services are known to exist within the lease area and it is the responsibility of the applicant to notify Telkom immediately should the applicant locate any Telkom plant which might not be indicated on the plan;

20. It must be made known to the applicant that Telkom requires access to carry out maintenance or upgrade existing plants at all times;

21. Should the lease be cancelled or required for storm water purposes, the entire leased area will be required to be reinstated at the lessee’s expense to a condition acceptable to the Transport Urban Development Authority Department;

5. No compensation will be payable for any improvement made to the property.