Subcouncil resolution details
Subcouncil 4
Agenda item no
04SUB 19/3/2023
Subject
PROPOSED LEASE OF CITY OWNED LAND, BEING ERVEN 3699, 3709 – 3711, 3724 – 3737 AND 3749 – 3762 GOODWOOD, SITUATED BETWEEN SPENCER AND HAMILTON STREETS, GOODWOOD ESTATE, GOODWOOD: GOODWOOD UNITED FOOTBALL CLUB
Meeting date
Thursday, March 16, 2023
Resolution
Approved
Date closed
Tuesday, March 28, 2023
Resolution detail
Subcouncil 4 resolved that the lease of City-owned land, being Erven 3699, 3709 – 3711, 3724 – 3737, and 3749 – 3762 Goodwood, situated between Spencer and Hamilton Streets, Goodwood Estate, Goodwood, as shown hatched and lettered ABCDEFGH on the Plan No 130008831 attached and marked Annexure A, in extent approximately 2,2135ha, to Goodwood United Football Club, or its successors-in-title, BE APPROVED subject to inter alia the following conditions, that:
a) A tariff rental of R1 039, 13 per annum, excluding VAT calculated at the rate applicable at the time of the transaction, be payable. Rates not applicable;
b) The lease will endure for ten years;
c) The rental will be adjusted annually in terms of the rental tariff structure as
approved by the council;
d) The property may be used for sporting purposes only;
e) Subject to such further conditions to be imposed by the Director: Property
Management in terms of her delegated authority;
f) Subject to compliance with any other statutory requirements;
g) No compensation will be payable for any improvement made to the property;
h) The tariff rental assumes that the applicant will be responsible for all
maintenance to the property;
i) No person may reside, or sleep in the proposed leased area;
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j) 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;
k) That the primary use of Recreation and Parks managed facilities is for
community/sporting-related activities/use. Any non-sporting commercial activity will
be subject to written consent and approval from the Lessor and may further require
approval (land use/building plan application) from the relevant controlling authorities.
All costs will be for the lessee;
l) Income generated on the facility will be used for the management and maintenance of
the improvements include the sports facility, local community sports, and recreation
programs;
m) 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;
n) The lessee shall provide the City with annual audited financial statements upon
request;
o) The Lessee will undertake any capital expenditure with the written permission of the
Lessor only. The purpose of the capital expenditure is to repair, and improve the
City's
asset to the benefit of the community. 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;
p) It is the responsibility of the lessee to provide adequate security to secure its
facilities;
q) The lessee must develop a record of the 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;
r) 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;
s) The top floor/section of the improved facility is excluded and will be subject to a
separate lease by the referees association (RA). The RA will have its own
entrance/egress to the facility. |
