Subcouncil resolution details

Subcouncil 7

Agenda item no

07SUB 28/8/2022

Subject

PROPOSED LEASE OF A PORTION OF CITY OWNED LAND (PUBLIC OPEN SPACE), BEING A PORTION OF THE REMAINDER OF ERF 455 DURBANVILLE, SITUATED AT SPORT ROAD, DURBANVILLE FOR SPORTING PURPOSES: DURBANVILLE SQUASH CLUB

Meeting date

Wednesday, August 24, 2022

Resolution

Recommend

Date closed

Monday, August 29, 2022

Resolution detail

RESOLVED TO RECOMMEND

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That the lease of a portion of the City owned land (Public Open Space) being a portion of the remainder of Erf 455 Durbanville and building situated thereon, situated at Sport Road, Durbanville, as shown hatched and lettered ABCDEF on plan No 130008635 and marked annexure A, in extend approximately 800 m², to Durbanville Squash Club or its successors in title, be approved subject
to inter alia the following conditions:

A tariff rental of R1 039,13 per annum, excluding VAT calculated at the rate applicable;

The lease will endure for a period of ten (10) years;

The rental will adjusted annually in terms of the rental tariff structure as approved by council;

The property may be used for sporting purposes only;

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

Subject to compliance with any other statutory requirements;

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

The tariff rental assumes that the applicant will be responsible for all maintenance to the property;

On termination of the leased area must be reinstated at the lessee`s expense to condition expectable to the City of Cape Town;

The primary use of all Recreation and Parks manage sporting grounds/facility precincts remain as community sporting related activities/use. Any non-sporting commercial activity will be subject to the submission and approval of a formal development/land use/building plan application to and from controlling authorities including approval from lessor;

Income generated on the facility will be used for the management and maintenance of the improvements including the sports facility, local community sports and recreation programmes;

Any proceeds generated from a commercial activity ancillary to the sporting code requires consent from the lessor. Such activities may be supported subject to the proceeds being invested into the facility to the benefit of the City and local community;

The lessee shall provide the City with annual audited financial statements upon request;

The lessee will undertake any capital expenditure with the written permission of the lessor only. The purpose of the capital expenditure is to repair, improve the City asset to the benefit of the community. The improvement must be of a permanent nature and must form part of the City asset (i.e. not removable) which will increase will increase the asset value (economic/social value) for the City;

It is the responsibility of the lessee to provide adequate security in order to secure its facilities;

The lessee must develop a record of maintenance plan: A proposed schedule of repairs and maintenance must be maintained by the Lessee and be submitted to the lessor upon request so that the due diligence checks can be timeously undertaken.

The area identified for lease is situated on the Usage area captured in IPARA as accountable for by Recreation & Parks. The accountability for the currently defined Usage area, notwithstanding the proposed lease, will remain entrenched with Recreation & Parks.

The applicant will be jointly responsible, together with the other lessees of the sport precinct, for the maintenance in respect of the common areas of the precinct;

The applicant must make provision of at least 2 hours per day for the general public use free of charge between 08:00 to 17:00pm. (Subject to availability)

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Action: GERDA DU PLESSIS