Subcouncil resolution details

Subcouncil 7

Agenda item no

07SUB 29/8/2022

Subject

PROPOSED LEASE OF PORTIONS OF CITY OWNED LAND (SPECIAL OPEN SPACE AND PUBLIC STREET), BEING PORTIONS OF ERVEN 338 AND REMAINDER OF ERF 870 BELLVILLE, SITUATED AT JIP DE JAGER AVENUE, WELGEMOED, FOR SPORTING PURPOSES: WELGEMOED TENNIS 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 portions of City owned land (Special Open Space and Public Street), being portions of Erven 338 and Remainder of Erf 870 Bellville and building situated thereon, situated at Jip de Jager Avenue, Welgemoed Bellville, as shown hatched and lettered ABCDEFGHJK on plan No 130008212 and annexure A, in extent approximately 350 m², to Welgemoed Tennis Club or its successor in title, be approved subject to the inter alia the following conditions:

A tariff rental of R1 039,13 per annum, excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable;

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

The rental will be 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 lease, the entire leased area must be reinstated at the Lessee`s expense to a condition acceptable to the City of Cape Town;

The primary use of all Recreation and Parks managed sporting grounds/facility precinct 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 the controlling authorities including approval from the lessor;

Any non-sporting commercial activity will be subjected 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.

Income generated on the facility will be used for 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 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 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 due diligence checks can be timeously undertaken;

The lessee is responsible for the maintenance of the building and courts;

The Lessee shall make provision of 2 hour per day for general public use free of charge between 8:00am to 17:00pm;

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

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Action: GERDA DU PLESSIS