Subcouncil resolution details
Subcouncil 20
Agenda item no
20SUB 8/10/2024
Subject
PROPOSED LEASE OF PORTION OF UNREGISTERED STATE LAND VESTING IN THE CITY OF CAPE TOWN AS PUBLIC STREET AND PORTION OF ERF 74013 CAPE TOWN, CORNER OF GABRIEL ROAD AND CONSTANTIA ROAD, CAPE TOWN: SHELL DOWNSTREAM SOUTH AFRICA PTY LTD
Meeting date
Wednesday, October 16, 2024
Resolution
Recommend
Date closed
Thursday, October 24, 2024
Resolution detail
|
Subcouncil 20 supports and recommends the proposed lease. |
Resolved that:
It is recommended that the lease of a portion of unregistered state land vesting
in the City of Cape Town as Public Street and portion of Erf 74013 Cape Town
situated at Corner of Gabriel Road and Constantia Road, shown hatched and
lettered ABC on the attached Plan LT 1622v1 marked annexure A, in extent
approximately 318 m², to Shell Downstream South Africa Pty Ltd or its
successor in title, be approved subject, to inter alia the following conditions, that:
a) A market rental of R 8 800 per month inclusive of rates and excluding VAT
calculated at the rate applicable at the time of transaction be payable;
b) The monthly rental shall escalate at 6 % per annum commencing 2 months
from date of valuation. Accordingly, the above recommended rental is
effective and payable as from 2020-05-01;
c) The lease will endure for a period of 10 years, the rental to be reviewed
after 5 years ;
d) Beneficial occupation of R 8 800 per month, escalating at 6 % per annum
be charged as from 01/05/2020 until such time as the lease agreement
signed;
e) The property be used for parking, gardening, access and egress (including
two ATMS situated on the leased area and for no other reason
whatsoever;
f) Subject to such further conditions to be imposed by the Director: Property
Transactions in terms of his delegated authority;
g) Subject to compliance with any other statutory requirements;
h) Electricity services exist within the lease area and the City of Cape Town
has the right to construct and/or erect and lay such poles, stays, cables,
wires or appurtenances relating thereto as may be necessary, together
with the right to use, inspect, maintain, repair, alter, relay and/or remove
such poles, stays, cables, wires or appurtenances aforesaid. This includes
the right to bring machinery onto the property and to carry out excavations;
i) The area applied for must remain as is;
j) The City of Cape Town has the right for any employee or servant or
contractor of the City of Cape Town to enter and be upon the property at
any time in the exercise of the foresaid rights.
k) No building, containers or structure shall be erected within 3 meters of the
electrical services;
l) No excavation or filling shall be carried out within the leased area without
the prior written consent of the Director: Electricity Services via the
wayleave approval process. All excavations within 3 meters of the
electrical services must be carried out under the direction of a
representative of the Electricity department;
m) No stakes, pegs or pins shall be driven into the ground within 1 meter of
any part of the electrical services;
n) No plant or material shall be stored within 1 meter of any part of the
electrical services;
o) No mechanical plant may be used within 3 meters of medium voltage cable
or 5 meters of high voltage cable.
p) Adherence to the requirements of the City of Cape Town’s water by-laws;
q) No compensation will be payable for any improvements made to the
property, with or without the consent of the Council, should the lease be
terminated for any reason whatsoever. |
