Subcouncil resolution details
Subcouncil 6
Agenda item no
06SUB 28/8/2022
Subject
PROPOSED LEASE OF A PORTION OF CITY-OWNED LAND (PUBLIC OPEN SPACE), BEING A PORTION OF ERF 4400 BELLVILLE AND THE BUILDING SITUATED THEREON, OFF FRANS CONRADIE DRIVE, BOSTON, BELLVILLE: COLLECTIVE ARTS THEATRE (FORMERLY KNOWN AS BELLVILLE AFRIKAANSE TONEELVERENIGING
Meeting date
Monday, August 22, 2022
Resolution
Recommend
Date closed
Friday, September 02, 2022
Resolution detail
Subcouncil 6 SUPPORTED and NOTED the report and recommended to the Director Property Management that the lease of a portion of City-owned land, being a portion of Erf 4400 Bellville and the building situated thereon, off Frans Conradie Drive, Boston, Bellville, as shown hatched and lettered ABCDEFGH on Plan No
TA1170v1 attached and marked Annexure A to the report, in extent approximately 472 m², to the Collective Arts Theatre, a non-profit organisation, or its successors-intitle, be approved subject to inter alia the following conditions, that:
a) A tariff rental of R995,65 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, with an option to renew for
a further period;
d) Subject to such further conditions to be imposed by the Director: Property
Management in terms of her delegated authority;
e) Subject to compliance with any other statutory requirements;
f) The property may only be used for the purpose of operating an amateur
arts theatre and for no other purpose whatsoever;
g) No compensation will be payable for any improvement made to the
property;
h) The tariff rental assumes that the Lessee will be responsible for all
maintenance and repairs of the premises;
i) No permanent structures may be erected on the property;
j) That the primary use of all Recreation and Parks managed recreational
facilities remain as community related activities/use. Any commercial
activity will be subject to the submission and approval of a formal
development/land use/building plan application to and from the controlling
authorities including approval from the lessor;
k) Income generated on the facility will be used for the management and
maintenance of the facility;
l) Any proceeds generated from a commercial activity ancillary to the primary
use is acceptable for the department, subject that such proceeds are
invested into the facility to the benefit of the City and local community;
m) The lessee will provide the City with annual audited financial statements
upon request;
n) The Lessee will undertake any capital expenditure only with the written
permission of the Lessor. The purpose of the capital expenditure is to
repair, improve and increase the value of the City asset. The
improvements must be of a permanent nature and must form part of the
City asset (i.e. not removable) which will increase the asset value
(economic/social value) for the City;
o) A proposed schedule of repairs and maintenance must be maintained by
the Lessee and be submitted to the lessor upon request so that due
diligence checks can be timeously undertaken;
p) The applicant must keep a record of community involvement and upliftment
programmes and must make such records available to the City upon
request;
q) The area identified for lease is situated on the Usage Area allocated to
Recreation & Parks for sports and recreational purposes. The
accountability for the currently defined Usage Area, notwithstanding the
proposed lease, will remain entrenched with Recreation & Parks. . |
|
|
FOR ATTENTION: GERDU PU PLESSIS/ PIETER STRUMPHER
|
