REPORT TO SUBCOUNCIL 5
1 ITEM NUMBER 05SUB140321 2 SUBJECT
PROPOSED GRANTING OF RIGHTS FOR THE USE AND MANAGEMENT OF AN EARLY CHILDHOOD DEVELOPMENT FACILITY ON A PORTION OF ERF 169354, SITUATED IN OLEANDER CRESCENT, IN NETREG, CAPE TOWN TO CLEVERLAND EDUCARE CENTRE (NPO NUMBER: 160- 800 - A NON PROFIT ORGANISATION (NPO))
ONDERWERP
VOORGESTELDE TOESTAAN VAN REGTE VIR DIE GEBRUIK EN BESTUUR VAN ’N VROEëKINDONTWIKKELINGSFASILITEIT OP ’N GEDEELTE VAN ERF 169354, GELEë IN OLEANDERSINGEL, NETREG, KAAPSTAD AAN CLEVERLAND EDUCARE CENTRE (NPO- NOMMER: 160-800 – ’N ORGANISASIE SONDER WINSOOGMERK [NPO])
ISIHLOKO
ISIPHAKAMISO SOKUNIKEZELA NGAMALUNGELO OKUSEBENZISA NOKULAWULA IZIKO LOPHUCULO LWABANTWANA ABASELULA KWISIZA 169354 ESIME EOLEANDER CRESCENT NETREG, EKAPA KWABECLEVERLAND EDUCARE CENTRE (INOMBOLO YENPO: 160-800 – UMBUTHO ONGAJONGANGA NZUZO (NPO)
M2636 (M2664)
3 PURPOSE
To consider the application of the granting of rights for a period of two (2) years and 11 months to Cleverland Educare Centre (an NPO) to use and manage the Early Childhood Development (ECD) on a portion of erf 169354, Oleander Crescent, in Netreg, Cape Town as an ECD Centre on behalf of the City of Cape Town.
4 STRATEGIC INTENT
SFA 1: an OPPORTUNITY City of Cape Town
Objective 1.5 Leverage the City’s assets to drive economic growth and sustainable development Programme 1.5(a) City strategic assets investigation
5 DELEGATION
In terms of delegation Part 27B paragraph 22 (8), the following delegation was conferred upon the City Manager. The City Manager has sub-delegated this delegation to the Director: Property Management.
Page 1 of 8 “To approve the granting of rights to use, control or manage capital assets: Capital assets less than R10 million, longer than 3 years (
a) Social Care Leases: Leases to Social Care organisations) NPOs, NGOs, sports organisations not for profit) at a tariff rental as approved by Council annually.
b) Non-viable gardening and security leases: Leases of non-viable portion(s) of municipal land to adjacent land owners at a tariff rental as approved by Council annually.”
Provided that this delegation may only be exercised after considering the comment from the Sub-council in whose area of jurisdiction the capital is situated.
6 RECOMMENDATIONS
It is recommended that:
6.1 Subcouncil notes the report
6.2 Subcouncil comments on the content of the report.
AANBEVELINGS
Daar word aanbeveel dat:
6.1 Die subraad van die verslag kennis neem.
6.2 Die subraad op die inhoud van die verslag kommentaar lewer.
IZINDULULO
Kundululwe ukuba:
6.1 IBhungana maliqwalasele ingxelo
6.2 IBhungana malihlomle kokuqulathwe yile ngxelo.
7 EXECUTIVE SUMMARY
PURPOSE OF REPORT To consider the application for the granting of rights for a period of two (2) years and eleven (11) months to Cleverland Educare Centre to use and manage the ECD facility on a portion of erf 169354, Oleander Crescent, in Netreg, Cape Town as an ECD Centre on behalf of the City of Cape Town: Property description Erf number Applicant 169354 Cleverland Educare Centre Current zoning Community purposes Current usage Educational purposes Proposed usage Educational and Early Childhood Development Centre Programmes
Page 2 of 8 Public participation The application for the granting of rights was advertised in the outcome summary Cape Argus and Die Burger on 4 December 2020. No objections were received. WARD CLLR NOTICE DATE WARD Alderman Theresa Netreg ECD Centre 14 November 2019 31 Thompson 21 November 2019 28 January 2020 Viable Yes × No
Recommended decision Approval x Refusal
Regulation 34 (1) In-principle Granted by Director: Property Management in terms approval of delegated authority
8 DISCUSSION/ CONTENTS 8.1 BACKGROUND: The SD&ECD Department constructs new ECD Centres on Council owned land and maintain the existing Council owned ECD Centres. The Department also constructs different typologies of ECD centres depending on the yield of the portion of the land available. Recently the department decided to move away from brick and mortar to prefab structures in order to have greater reach and ensure ECD Services to more children.
In line with the provisions of the Municipal Finance Management Act (MFMA), upon the completion of an open public participation process, SD&ECD concludes Facility Management Agreements (FMA) with appointed registered ECD NGOs to operate from Council owned ECD Facility.
SDECD’s FMA with Sweet Thing Educare (NPO number: 163-331) expired on 30 September 2019. Following consultations with the ward councillor, sub council officials and the community via the Public Participation Unit, it was requested that SDECD rather not extend the FMA but rather advertise for a new ECD Centre operator.
SDECD ran an open, competitive process for procuring an Operator for the ECD Centre. Attached as Annexure A is the advert calling for for submission of business plans for the operation of an Early Childhood Development Centre (ECD) in Netreg. Two (2) applications was received and scored according to a set of criteria based on various legislation. Cleverland Educare Centre (NPO number: 160-800) was selected as the preferred service provider based on the adjudicators scores.
SD&ECD proposes to enter into a two (2) years and 11-month Facility Management Agreement (FMA) with Cleverland Educare Centre (NPO). Attached as Annexure B is an example of the FMA that the NPO will be entering into with SDECD. The FMA will in detail discuss the roles and responsibilities of the operator and the City as well as clarify the use of the portion of land, rental tariffs, etc. No objections were received.
SD&ECD recommends that the Director: Property Management approves the right to use and manage the facility on a portion of Erf 169354, situated at Oleander Crescent, in Netreg, Cape Town by the applicant below be supported:
Erf number Applicant 169354 Cleverland Educare Centre
Page 3 of 8 subject inter alia to the following conditions:
a) A consideration of R966, 90 per annum excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable;
b) The management agreement will endure for a period of up to two (2) years and eleven (11) months;
c) The consideration will be adjusted annually in terms of the tariff structure as approved by Council;
d) The property be used for early childhood development 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.
8.2 CONSULTATION WITH INTERNAL BRANCHES:
. SD&ECD Department supports the use and management of the facility by the applicant on the Council’s behalf.
. SD&ECD consulted Property Management Department on advice regarding the Municpal Asset Transfer Regulations.
8.3 FACTORS MOTIVATING RECOMMENDATIONS:
8.3.1. The use and management of the ECD facility by the ECD NPO will relieve Council of the maintenance burden.
8.3.2. Better utilization of City property.
8.3.3. The service rendered by the applicant is of crucial importance to the community.
8.3.4. The Public Participation Process has been complied with.
Page 4 of 8
8.4 PUBLIC PARTICIPATION
The public participation and competitive processes ran parallel to each other and it was clear from the advertisement that is served two purposes; i.e. public participation and competitive process;
The advertisement clearly stated that the City of Cape Town is considering entering into a FMA with the successful ECD Centre Operator (please see Annexure C for the MATR advert). The public participation process complies with both the provisions of the MATR and Section 21 of the Systems Act.
Advertising Cape Argus and Die Burger 4 December 2020
Prov & Nat Treasury No comments received No immediate adjacent owners Notices to adj owners affected 14 November 2019 Ward councilor 28 January 2020 14 November 2019 Subcouncil Chairs & Managers 21 November 2019 28 January 2020 Community organisation(s) 2019/ 20 Outcome Objections No Ward Councillors’ support Yes
8.5 VALUATION The ECD Centre will pay a nominal consideration equal to the tariff rental for social facilities of R966, 90 per annum excl. VAT. This nominal consideration equal to the tariff rental for social facilities will be subject to increase in accordance with the City’s tariff structure as approved by Council and as may be amended from time to time.
9.1 CONSTITUTIONAL AND POLICY IMPLICATIONS
9.1.1. The proposal complies with Section 14 of the Municipal Finance Management Act No.56 of 2003 in that the relevant branches of Council have confirmed that the land is not required for the provision of the minimum level of a basic municipal service.
9.1.2. Chapter C of Council’s policy relating to the Management of certain of the City of Cape Town’s Immovable Property (approved 26 August 2010), permits the leasing of immovable property.
9.2 FINANCIAL IMPLICATIONS
All costs involved in this transaction will be for the Applicant’s account.
Page 5 of 8 9.3 TAX COMPLIANCE
In terms of the City’s Supply Chain Management Policy, approved by Council on 30 May 2019 (C18/05/19), paragraph 98.3 stipulates the City may not consider a bid or quote unless the bidder who submitted the bid or quote has submitted a valid tax clearance certificate certifying that the provider’s tax matters are in order.
In terms of the City’s Supply Chain Management Policy, approved by Council on 30 May 2019 (C18/05/19), paragraph 99 stipulates “Irrespective of the procurement process, the City may not make any award above R15 000,00 to a person whose tax matters have not been declared by the SARS to be in order.”
Paragraphs 372 – 375 of the afore-mentioned policy deal with the sale and letting of City owned immovable property and are silent on the SARS requirement. Property Management adopted the principle as per paragraph 99 above and applicants need to submit a SARS clearance certificate or exemption certificate for the sale of all City owned immovable property. Except for tariff based rentals, which do not exceed R15 000,00 all applicants need to submit a SARS clearance or exemption certificate for the leasing of City owned immovable property.
9.4 FINANCIAL DUE DILIGENCE
The applicant’s debt profile has been verified and it is confirmed that the debt profile is not in arrears.
9.5 SUSTAINABILITY IMPLICATIONS
Does the activity in this report have any sustainability No Yes implications for the City? 9.6 LEGAL IMPLICATIONS
Regulation 36 of the MATR
In terms of the above Regulation, Council must take into account a number of factors (highlighted in bold) when considering any proposed granting of rights to use, control or manage municipal capital assets, and it is herewith confirmed that:
Whether asset may be required for the municipality’s own use during the period for which the right is to be granted
Council’s service branches confirmed that the asset is not required for provision of basic municipal services.
Extent to which any compensation to be received, estimated value of improvements or enhancements to party the right is granted to will be required to make, economic or financial benefit to the City
Council will receive a financial benefit in the form of a tariff based consideration annually. The ECD Centre will pay a consideration equal to the tariff rental for social facilities of R 966, 09 per annum excl. VAT. This nominal
Page 6 of 8 consideration equal to the tariff rental for social facilities will be subject to increase in accordance with the City’s tariff structure as approved by Council and as may be amended from time to time
Management of Risk
No operational or control risk to the City.
Stakeholder comments and recommendations
The Director: Property Management, in terms of her delegated powers, has approved the public participation process as required, resulting in the proposed lease being advertised in the Cape Argus Argus and Die Burger. Closing date for objections were 24 December 2020. Copies of the advertisement were sent to the Ward Councillor, Manager and Chairperson of the relevant Sub-Council and registered local community organisations. No objections were received.
Views from National and Provincial Treasury
In terms of Regulation 34 of the MATR the subject property falls within the category of a capital asset in respect of which the proposed right to be granted has a value less than R10 million and a period exceeding 3 years (Non- Significant Property Right). National and Provincial Treasury have been notified. No objections were received.
Strategic, Legal and Economic Interests
None of these interests will be compromised through the granting of the right to use, control or manage the asset. In fact, they will be supported.
Compliance with Legislative Regime that is Applicable to Proposed Transfer or Disposal
Granting of the right to use, control or manage the asset is compliant with the Municipal Finance Management Act, Municipal Asset Transfer Regulations and Council’s policy on the management of certain of the City of Cape Town’s immovable property.
8.6 STAFF IMPLICATIONS
Does your report impact on staff resources, budget, grading, remuneration, allowances, designation, job description, location or your organisational structure?
No
Yes
ANNEXURES Annexure A: Advert: Call for submission of business plans for the operation of an Early Childhood Development Centre (ECD) )in Netreg Annexure B: Example of a FMA that will be entered into with the successful applicant Annexure C: Copy of the MATR advert
Page 7 of 8 FOR FURTHER DETAILS CONTACT:
NAME ABIGAIL JACOBS – WILLIAMS CONTACT NUMBERS 021 444 0197 E-MAIL ADDRESS [email protected] DIRECTORATE SOCIAL DEVELOPMENT AND EARLY CHILDHOOD DEVELOPMENT (SDECD) FILE REF NO INSERT FILE REF NO
Digitally signed by Alfonso Sauls Alfonso Sauls Date: 2021.03.05 12:01:05 +02'00' Comment: DIRECTOR: SOCIAL DEVELOPMENT AND EARLY CHILDHOOD
DEVELOPMENT DEPARTMENT
NAME ALFONSO SAULS
DATE
Page 8 of 8 CALL FOR SUBMISSION OF BUSINESS PLANS FOR THE OPERATION OF AN EARLY CHILDHOOD DEVELOPMENT CENTRE (ECD) IN NETREG
The City of Cape Town’s Social Development and Early Childhood Development Department hereby invites registered non-profit organisations (NPOs) working in the ECD sector within the Cape Town metro to submit business plans to be considered for the operation and management of an ECD centre in Netreg. The successful applicant will enter into a facility management agreement (FMA) with the City.
The business plan must include a detailed daily ECD programme, operational strategy and an integrated sustainability plan.
The following important documents must accompany the business plan: • Copy of NPO registration certificate • Copy of the organisation’s constitution • Management structure of the NPO • ECD learning /daily programme • Profile or CVs of ECD practitioners with copies of certified educational qualifications • Certified copies of educators’ South African identity documents • Clearance certificates in terms of the regulations of the Children’s Act (e.g. police clearance, etc.) • Letter of recommendation from residents’ committee or community ECD forum Business plans must be hand-delivered to Blanche Olivier, Social Development and Early Childhood Development Department, 2nd floor, 44 Wale Street, Cape Town before 12:00 on Friday 28 February 2020.
The City is required to follow supply chain management processes in the selection and appointment of external registered NPOs that will be operating from City-owned facilities.
Preference will be given to NPOs already rendering ECD services within the vicinity of the earmarked ECD centre.
Contact Blanche Olivier on tel. 021 417 4085, or e-mail [email protected] for more information
LUNGELO MBANDAZAYO CITY MANAGER 13/2020
FACILITY MANAGEMENT AGREEMENT
Concluded Between
CITY OF CAPE TOWN
Represented by
ALFONSO SAULS
In his capacity as
DIRECTOR: Social Development and Early Childhood Development
Being duly authorised thereto
(Herein after referred to as the “Owner”)
And
AVONWOOD EDUCARE CENTRE
NPO: 026-718
Represented by
ELIZABETH BENJAMIN
In her capacity as
PRINCIPAL
Being duly authorised thereto
(Herein after referred to as the “Operator”)
TABLE OF CONTENTS
1. DEFINITIONS AND INTERPRETATION ...... 1 2. STATUS OF PARTIES ...... 5 3. THE PROPERTY ...... 6 4. DURATION ...... 6 5. PAYMENT OBLIGATIONS ...... 6 6. RENEWAL OF AGREEMENT ...... 7 7. TERMINATION ...... 8 8. USE OF THE PROPERTY...... 11 9. VOETSTOOTS...... 12 10. ALTERATIONS AND IMPROVEMENTS TO THE PROPERTY ...... 12 11. REPAIRS & MAINTENANCE, FIXTURES AND FITTINGS...... 13 12. INCOMING AND OUTGOING INSPECTIONS ...... 14 13. OBLIGATIONS OF THE OPERATOR ...... 15 14. OBLIGATIONS OF THE OWNER...... 20 15. INSPECTION OF AND ACCESS TO THE PROPERTY ...... 22 16. INDEMNITY ...... 23 17. LETTING, CESSION AND ASSIGNMENT ...... 24 18. LIMITATION OF LIABILITY ...... 24 19. FORCE MAJEURE ...... 25 20. INSURANCE ...... 25 21. AGREEMENT AS SECURITY ...... 26 22. DISPUTE RESOLUTION ...... 26 23. OPERATOR ACTING IN REPRESENTATIVE CAPACITY FOR NON-PROFIT ORGANIZATION, A COMPANY OR CLOSE CORPORATION ...... 28 24. PROPERTY REMAINS PROPERTY OF OWNER ...... 28 25. CONFIDENTIALITY ...... 28 26. INTELLECTUAL PROPERTY ...... 30 27. PUBLICITY ...... 30 28. COMPLIANCE WITH LAWS ...... 30 29. ENTIRE AGREEMENT ...... 30 30. NO WAIVER ...... 31 31. SURVIVAL OF TERMS ...... 31 32. VARIATION ...... 31
33. REMEDIES ...... 31 34. SEVERABILITY...... 31 35. FURTHER ASSURANCE ...... 32 36. SIGNATURE & COUNTERPARTS ...... 32 37. COSTS ...... 32 38. GOVERNING LAW ...... 32 39. NOTICES AND DOMICILIA ...... 33 Annexure A ...... Error! Bookmark not defined. Annexure B ...... Error! Bookmark not defined. Annexure C...... Error! Bookmark not defined. Annexure D ...... Error! Bookmark not defined.
PREAMBLE
WHEREAS the Owner is desirous of granting the rights to use, control and manage the Property to an Early Childhood Development operator to manage as an Early Childhood Development Centre;
AND WHEREAS the Operator is an Early Childhood Development operator desirous of obtaining the rights to use, control and manage the said property as an Early Childhood Development Centre;
NOW THEREFORE the Parties agree as follows:
1. DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context indicates a contrary intention, the following words, phrases and expressions set forth below shall bear the following meanings and cognate expressions shall bear the corresponding meanings:
1.1 “Agreement” means this Facility Management Agreement together with all its annexures, as amended from time to time;
1.2 “Applicable Law” means any of the following, to the extent that it applies to a Party: any statute, regulation, policy, by-law, directive or subordinate legislation in force from time to time, the common law (as applicable), any binding court order or judgment, any applicable industry policy or standards and any applicable direction, requirement, rule or order that is given by any regulatory authority;
1.3 "Confidential Information" means all information or data which is imparted or obtained under or in connection with this Agreement (whether before or after the Effective Date) in confidence (whether in writing, verbally or by any other means and whether directly or indirectly) by one Party to the other in relation to each Party’s business and/or the performance of each Party’s rights and obligations in terms of this Agreement;
1.4 “Directorate” means the Community Services and Health Directorate of the Owner;
1.5 “Discretionary Maintenance” means the replacement of wear and tear prone materials, including but not limited to flooring and the periodic painting of walls. The necessity for this shall be determined by the Owner;
1.6 “ECD” means Early Childhood Development;
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1.7 “ECD Centre” means the Early Childhood Development Centre operated on the Property;
1.8 “Effective Date” means 1 April 2019, notwithstanding the Signature Date of this Agreement
1.9 “Financial Year” means the Owner’s financial year commencing on 1 July of a given year and ending on 30 June the following year;
1.10 “Force Majeure” means acts of God, fire, flood, storm or any natural disaster, war, acts of terrorism, riot, civil commotion, governmental actions (excluding regulatory change) and any similar events beyond the reasonable control of the non-performing Party;
1.11 “Initial Term” has the meaning as set out in clause 4.2;
1.12 “Intellectual Property Rights” means all rights of any nature in patents, designs, registered trademarks and service marks, and all extensions and renewal thereof, business and customer names, designs, internet domain names and email addresses, design rights, topography rights, rights in inventions, utility models, database rights, know-how and copyrights (including moral rights) and all other intellectual property rights of a similar character which subsist now or in future in any part of the world, whether registered or not or any applications to register or rights to apply for registration of any of the foregoing in all parts of the world;
1.13 “Major Repairs” means structural repairs that grossly impact the habitability and use of the Property and without these repairs being affected, the Property will not be fit for the purpose as intended by this Agreement.
1.14 “Municipal Services” has the meaning as set out in clause 15.1;
1.15 “NGO” means a non-government organisation;
1.16 “NPO” means a non-government organisation registered as not for profit with the Department of Social Development;
1.17 “Owner” means the City of Cape Town Municipality, established in terms of the Local Government: Municipal Structures Act, 1998 read with the Province of the Western Cape: Provincial Gazette 5588 dated 22 September 2000;
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1.18 “Operator” means Avonwood Educare Centre as described on the face of this Agreement who operates the Avonwood Educare Centre on the Property;
1.19 “Parties/Party” will mean reference to the Operator or the Owner, or both, depending on the context;
1.20 “PBO” means a non-government organisation registered as public benefit organisation with the South African Revenue Service;
1.21 “Preventive Maintenance” means the day-to-day building checks, the legislative and code-required monitoring, testing, servicing and inspection of building systems and components; and the scheduled inspection, servicing and adjustment of systems and components to ensure they are performing as intended and reach their planned service life;
1.22 “Property” means the brick and mortar immovable structure(s) on Erf 22391, situated at 19 Multi-purpose Centre Halt Road, which includes ECD Centre, ablution facilities kitchen and office for the activities of the Avonwood Educare Centre, as further set out in clause 3 ;
1.23 “Renewal Term” has the meaning set out in clause 4.2;
1.24 “Repair Service” means fixing or replacing broken, worn out or faulty building components in and around the Property. Repairs may be required to address normal wear and tear, unanticipated breakdown, or to correct minor wilful damage such as vandalism or graffiti. Components must be replaced with the same or equivalent component;
1.25 “Signature Date” means the date on which this Agreement is signed by the Party signing last in time;
1.26 “Snag List” means the incoming, supplementary and/or outgoing snag list in accordance with clause 12, as further set out in Annexure B;
1.27 “Term” means the Initial Term and/or any Renewal Term of this Agreement; and
1.28 “VAT” means Value Added Tax, as defined in the Value Added Tax Act 89 of 1991, as all references to “VAT” shall include any related statute, laws, regulations, notices, directions and provisions relating to VAT or similar taxes.
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1.29 All references to clauses, preamble and Annexures are, unless otherwise expressly stated, references to clauses of and preamble and annexures to this Agreement.
1.30 The headings in this Agreement are inserted for reference purpose only and shall in no way govern or effect the interpretation of this Agreement nor modify or amplify the terms of this Agreement or any clause hereof.
1.31 Any reference to any statute or statutory instrument in this Agreement shall be a reference to the same as amended, supplemented or re-enacted from time to time. Any reference in this Agreement to another agreement shall be construed as a reference to the same as amended, varied, supplemented or notated prior to the date hereof.
1.32 Unless the context otherwise requires, reference to the singular shall include a reference to the plural and vice-versa; reference to any gender shall include a reference to all other genders, and vice versa, and words importing natural persons shall include legal persons, and vice versa.
1.33 When any number of days is prescribed in this Agreement, same shall be a reference to calendar days and reckoned exclusively of the first and inclusively of the last day unless the last day falls on a weekend or on a public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a weekend or a public holiday.
1.34 A reference to “writing” or “written” includes any non-transitory form of visible reproduction of words (including e-mail).
1.35 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression will be construed as illustrative and will not limit the sense of the words preceding those terms and they will be deemed to be followed by the words “without limitation”.
1.36 Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
1.37 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to it as if it were a substantive clause in the body of this Agreement, notwithstanding that it is only contained in this interpretation clause.
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1.38 Words and expressions defined in any sub-clause shall, for the purpose of the clause of which the sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause.
1.39 Expressions defined in this Agreement shall bear the same meanings in any Annexure hereto which does not contain its own definitions.
1.40 Any annexures attached hereto form part of this Agreement. In the event of any conflict between the provisions of this Agreement and any Annexures hereto, or any other document incorporated by reference to this Agreement, save to the extent expressly stated to the contrary, such conflict will be resolved by giving precedence to such different parts of this Agreement in the following order of precedence:
1.40.1 first, the terms and conditions of this Agreement;
1.40.2 second, Annexures and schedules to this Agreement; and
1.40.3 third, any other documents incorporated by reference.
2. STATUS OF PARTIES
2.1 The Owner is the registered owner and title deed holder of the Property, which is subject to all servitudes, title deed restrictions and/or other restrictions binding on the Owner in respect of the Property.
2.2 This Agreement is subject to the Owner remaining the registered owner and title deed holder of the Property during the currency of this Agreement. Should the Owner no longer be the registered owner and title deed holder of the Property, this Agreement will, subject to clause 7.1, terminate on the transfer of the Property to the new owner.
2.3 The Operator is a registered NPO with registration number 026-718 operating within the boundaries of the City of Cape Town.
2.4 This Agreement is subject to the Operator remaining a viable NGO in accordance with its constitution and not being deregistered or otherwise ceasing to remain functional. Should the Operator become deregistered or otherwise cease to remain functional, for whatsoever reason, this Agreement will, subject to clause 7.1, terminate.
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2.5 Subject to clause 7.1, in the event that the Operator is not registered as an NPO on the Effective Date, the Operator shall within 6 (six) months from the Signature Date register and provide proof of its registration to the Owner.
3. THE PROPERTY
3.1 The details of the Property which is governed by the provisions of this Agreement are as follows:
3.1.1 Erf No.: 22391
3.1.2 Physical address: 19 Multi-purpose Centre, Halt Road
3.1.3 Extent: approximately 6307 square metres.
4. DURATION
4.1 Unless terminated earlier in accordance with clause 7 and subject to clause 4.2, this Agreement shall commence on the Effective Date and shall terminate on the 1 April 2019 – 1 April 2029 (the “Initial Term”).
4.2 Subject to clause 6 and provided the Owner has obtained the requisite authority authorising same, the Initial Term may be extended upon written agreement signed by the duly authorised representatives of the Parties for such further period as may be agreed between the Owner and the Operator (the “Renewal Term”).
5. PAYMENT OBLIGATIONS
5.1 The Owner will be responsible for payment of the Property rates and will not charge the Operator for payment thereof.
5.2 The Operator will be responsible for payment of utility consumption and availability charges. The Operator must liaise with City’s revenue department to create an appropriate account for the said charges.
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5.3 The Operator will pay the Owner an annual rental amount in accordance with the approved tariff by the Owner. The rental amount payable for the [2016/2017 Financial Year is R882 (eight hundred eighty-two rand) (including 14% VAT of R108.32 (one hundred eight rand thirty-two cents)]. The Operator will be duly informed of rental payable for subsequent Financial Years upon the approval of the tariffs for the applicable Financial Year by the Owner’s Council.
5.4 All payments are due on or before 30 June of the applicable Financial Year. The Operator is not entitled to withhold or set-off any amounts due, owing and payable to the Owners.
5.5 All payments in terms of the Agreement will be made in South African rand at the office of the Owner, c/o Municipal Offices, Cape Town Civic Centre, 12 Hertzog Boulevard or by EFT (Electronic Fund Transfer) into the Owner’s nominated bank account.
6. RENEWAL OF AGREEMENT
6.1 Subject to clause 4.2:
6.1.1 The Parties have an option to renew the Agreement (“the Renewal Option”) for the Renewal Period on the terms and conditions as agreed between the Parties;
6.1.2 Should the Operator wish to exercise the Renewal Option, it shall do so by providing written notice to this effect to the Owner no later than 6 (six) months before the expiration of the Initial Period, as set out in clause 4.2; and
6.1.3 Subject to clause 4.2, the Operator specifically agrees that its Renewal Option is conditional upon the Operator not breaching any material provisions as set forth in this Agreement during the Initial Term, unless waived by the Owner in writing.
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7. TERMINATION
7.1 Either Party (the “Aggrieved Party”) may terminate this Agreement, with immediate effect, in whole or in part, upon written notice to the other if the other Party (the “Defaulting Party”):
7.1.1 breaches a material term of this Agreement and fails to remedy such breach, or if the breach is not capable of remedy, fails to implement remedial action acceptable to the Aggrieved Party, within 7 (seven) days of having been given written notice, requiring that such breach be remedied;
7.1.2 has made any incorrect or untrue statement or representation in connection with this Agreement, or its financial affairs, or as a result of a significant change in its strategic and operational plans, or any particulars thereof; or
7.1.3 becomes unable to pay its debts in the ordinary course of business, passes a resolution for winding up or has a receiver or administrator appointed over all or any of its assets, becomes bankrupt or otherwise insolvent (whether voluntary or involuntary), placed in liquidation or if the Defaulting Party ceases to carry on business as a going concern, commits an act of insolvency, or if the Defaulting Party suffers any event analogous to or comparable with any of the above in any jurisdiction, or if there is a change of control of the Defaulting Party. In this event, termination will be without compensation by the Defaulting Party, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Aggrieved Party; or
7.1.4 if any illegal or unlawful activities take place on the Property by any person including, but not limited to, the Operator’s employees, agents or representatives.
7.2 Notwithstanding clause 7.1, either Party may terminate this Agreement, with immediate effect, in whole or in part:
7.2.1 for convenience upon 3 (three) month’s written notice to the other;
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7.2.2 If any final judgment of any court with competent jurisdiction against the Defaulting Party remains unsatisfied for a period of thirty (30) days after it has been granted against the Defaulting Party; or
7.2.3 upon written notice in accordance with clause 18 (Force Majeure).
7.3 Notwithstanding clauses 7.1 and 7.2, the Owner may terminate this Agreement with immediate effect, in whole or in part, upon 30 (thirty) days written notice, if the Operator fails to enrol at least 75% of the learners for the applicable ECD Centre by October 2019 and/or at least 95% of the learners by April 2020.
7.4 The Owner will not be liable to the Operator for payment of compensation for any improvements which may have been made to, or expenses incurred in connection with the Property by the Operator following delivery of the termination notice, unless the Owner has agreed, in writing, to pay such compensation.
7.5 The termination notice will be without prejudice to any other claim either Party may have against the other as a result of such default and/or termination.
7.6 Operator disputes Termination
If the Operator disputes the termination notice and remains in possession or control of the Property pending the determination of the dispute, the following provisions will apply:
7.6.1 the Operator will continue to make all payments in terms of this Agreement on the due date, if applicable;
7.6.2 the acceptance by the Owner of such payments will be without prejudice to the Owner’s rights to terminate this Agreement or any other rights in favour of the Owner;
7.6.3 if any dispute between the Owner and Operator is determined in favour of the Owner, then payments made to the Owner will be regarded as amounts paid by the Operator as damages due to the termination of this Agreement and/or the unlawful possession or control of the Property by the Operator;
7.6.4 the Operator shall be liable for all reasonable costs incurred by the Owner in enforcing any of its rights in terms of this Agreement; and
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7.6.5 the Owner will be entitled to appropriate any amounts received from the Operator towards payment of any debt or amount owing by the Operator to the Owner.
7.7 Owner’s Rights on Termination
7.7.1 If this Agreement expires or is terminated in accordance with this clause 7, the Owner will be entitled to remove and/or deal as it deems reasonably fit with any property of the Operator remaining in or on the Property.
7.7.2 The Operator will be responsible for any loss, damage or cost directly or indirectly suffered or incurred by the Owner due to the Operator’s possessions remaining in or on the Property following termination or expiration of this Agreement.
7.7.3 If the Operator fails to fulfil or perform any of its obligations in accordance with this Agreement, the Owner will be entitled to perform such obligations on the Operator’s behalf and at the Operator’s expense, without limiting the Owner’s right to claim damages.
7.7.4 The Owner will be entitled to demand all amounts spent on the Operator’s behalf in order to perform the Operator’s obligations in accordance with this Agreement, together with interest at 10%. Interest will be calculated from the date on which the Owner incurred the expense to date of payment by the Operator, inclusive.
7.7.5 The Owner will also be entitled to recover any and all costs and expenses incurred in enforcing its rights in terms of this Agreement including costs on the attorney-client scale and the costs of tracing agents or other investigators.
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8. USE OF THE PROPERTY
8.1 The Operator will only use the Property for ECD purposes and purposes incidental thereto and for no other purpose whatsoever.
8.2 The Owner may at its sole discretion permit the Operator’s caretaker of the ECD Centre to reside on the Property, provided the Operator has obtained the Owner’s prior written consent. The caretaker’s occupation of the Property is subject to the continuation of this Agreement. Upon termination of the caretaker’s employment relationship with the Operator, the caretaker will be required to vacate the Property prior to the termination date of the Initial Term and/or any Renewal Term.
8.3 The Owner has no obligations other than those contained in this Agreement. The Owner will not enter into any lease agreement with the Operator’s caretaker and does not warrant that the Property is fit for personal residence.
8.4 If the Operator intends to use the Property for any other purpose than that set out in clause 8.1, it shall obtain the Owner’s prior written consent, which may be withheld in its sole discretion. The Owner may impose any reasonable condition(s) in connection with the proposed activities and same shall be communicated to the Operator in writing.
8.5 The Owner will have the right to reasonably control, restrict and reserve access to the Property if it deems appropriate in the best interests of the children and public at large.
8.6 The Operator shall operate the ECD Centre according to national ECD norms and standards (Annexure A).
8.7 The Operator represents and warrants to the Owner and undertakes for the future that it shall procure the necessary licences and authorities required in order to carry on its proposed activities on the Property and shall provide proof thereof to the Owner, upon its reasonable request.
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9. VOETSTOOTS
9.1 The Property is provided to the Operator voetstoots as it stands and as described in the Owner’s title deed and subject to all conditions and servitudes attaching to the Property or mentioned or referred to in the title deed.
9.2 The Owner does not warrant that the Property is suitable for any purpose other than the purpose for which it will be managed by the Operator and the Operator hereby accepts the Property in this condition.
9.3 The Owner does not warrant that the Property is free from latent or patent defects. The Operator accepts the Property subject to any latent or patent defects that may be contained in the Property and the Operator acknowledges that the Property may be subject to latent defects in particular.
9.4 The Operator will inspect the Property before taking possession of the Property. Any defects found in the Property after the Operator takes possession, will be for the account of the party responsible in accordance with clauses 13 and 14.
10. ALTERATIONS AND IMPROVEMENTS TO THE PROPERTY
The following provisions will apply to the construction of any alterations or improvements to the Property (“Improvements”):
10.1 before commencing with any Improvements, the Operator must submit all relevant plans and specifications to the Owner for its prior written approval;
10.2 the Operator may not commence with Improvements prior to obtaining the Owner’s prior written consent, which may be withheld in its sole discretion and/or the Owner may impose any reasonable condition(s) in connection with the Improvements;
10.3 subsequent to obtaining the prior written consent as required in terms of clause 10.2, the Operator must submit any building plans and/or other documentation to the appropriate directorate or department for statutory approval by the Owner;
10.4 The cost for approved Improvements shall be borne by the Operator subject to the terms and conditions imposed by the Owner;
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10.5 The Operator will be responsible for all costs relating to the relocation of any boundary structures, the demolition of any affected structures and the relocation of any Municipal Services located on or in connection with the Property which may be necessary as a result of the Improvements;
10.6 The Improvements effected to the Property will become the property of the Owner. The Owner will not be liable to compensate the Operator for any Improvements made to the Property during the Term; and
10.7 Upon termination of this Agreement, the Owner may require the Operator to remove any Improvements affected to the Property upon written notice to the Operator, the removal costs to be borne by the Operator. The Owner may require the Operator to perform Repair Services in order to or make good any loss or damage sustained to any part of the Property as a result of the Improvements or its removal. Should the Operator fail to remove the Improvements, or conduct the Repair Services within the period stipulated by the Owner, the Owner will be entitled to effect such removal or Repair Services, the costs incurred in connection herewith shall be borne solely by the Operator.
11. REPAIRS & MAINTENANCE, FIXTURES AND FITTINGS
11.1 The Operator will be entitled to install any fixtures, fittings and equipment in the interior of the Property which is required for the Operator to use the facility for the purpose intended in terms of this Agreement, subject to the prior planning and building approval and consent obtained from the Owner.
11.2 All installations and/or upgrades must be in line with the planning and building regulations and standards applicable for ECD’s and all compliance certificates must be submitted to the Owner on completion of the project. The plans and details of the Operator’s proposed layout for equipping the interior of the Property must be approved by the Owner in writing and the Owner may impose any reasonable conditions.
11.3 The installation of any fixtures, fittings and equipment will be for the account of the Operator and the Operator will not be entitled to claim compensation for any installations from the Owner.
11.4 Upon termination of this Agreement, the Operator will be entitled to remove any fixtures, fittings or equipment installed by it, provided the Operator
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conducts Repair Services for any loss or damage caused to the Property as a result of the removal.
11.5 The Parties agree that the all repairs and maintenance to be affected at the ECD Centre shall follow the process flow as set out in Annexure C (ECD Business Process Flow – Repairs & Maintenance).
12. INCOMING AND OUTGOING INSPECTIONS
12.1 The Parties shall jointly inspect the Property prior to the Effective Date. Should the Operator fail to meet the Owner at the Property on the agreed date and time, the Property shall be deemed to be free of defects.
12.2 Any defect or damage noted or found on the Property shall be recorded in writing in a list of defects (incoming Snag List), which shall be signed by both Parties and attached to this Agreement at Annexure B.
12.3 Any additional defects found by the Operator in the Property after the Effective Date will be submitted to the Owner within 7(seven) days of the Effective Date, and the Owner will attach such additional defects list (Supplementary Incoming Snag list) to this Agreement at Annexure B. If the Operator does not provide the Owner with a detailed supplementary incoming Snag List in writing, it will be accepted that there was no defect established by the Operator after the Effective Date.
12.4 Upon termination and/or expiration of this Agreement, the Parties will conduct an outgoing inspection of the Property at a mutually agreed time prior to the Operator vacating the Property, in order to identify any defects which, exist in the Property for which the Operator is responsible for.
12.5 For purposes of the outgoing inspection, the Operator will not be responsible for any defects that were listed in the incoming Snag list and/or the supplementary incoming Snag list, unless such defects were previously remedied by the Owner.
12.6 At the conclusion of the outgoing inspection the Parties, or their duly authorised representatives will sign the list of defects established during the outgoing inspection (outgoing Snag List), signifying the Parties’ agreement to the list of defects in respect of which the Operator will be responsible. Should either Party
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dispute the inclusion of any defects, both Parties will compile their own outgoing Snag List, in order to resolve such dispute in the appropriate forum.
13. OBLIGATIONS OF THE OPERATOR
13.1 The Operator is responsible for the following Discretionary Maintenance, Preventative Maintenance and or Repair Services, which includes but is not limited to:
13.1.1 replacement of defective lamps (lighting fixtures, exit lamps, etc.);
13.1.2 repairing furniture including desks, chairs, bookcases, cabinets as a result of vandalism or misuse by the students, its employees, agents and/or subcontractors of the Operator;
13.1.3 repairing and/or the replacement of damaged kitchen equipment (e.g. tables and chairs) as a result of vandalism or miss use by the students, its employees, agents and/or subcontractors of the Operator);
13.1.4 replacement of ceiling panels;
13.1.5 Repairing simple plumbing leaks in faucets (valve’s taps etc.), sinks, toilets, wash basin;
13.1.6 removing minor drain blockages in sinks, water coolers;
13.1.7 repairing paper towel, toilet paper and soap dispensers as a result of vandalism or misuse;
13.1.8 repairing damaged surface and/or wall areas caused by students, its employees, agents and/or subcontractors of the Operator as a result hanging pictures, maps, projection screens being removed;
13.1.9 maintain the sets of keys and the key control system for the Property;
13.1.10 minor hinge, lock and hardware repairs for doors and windows, as a result of vandalism or misuse;
13.1.11 minor touch-up painting (with the Owner’s prior approval and assistance from the Owner’s maintenance department);
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13.1.12 monitoring geyser equipment, thermostats, etc. and report faults to the Owner;
13.1.13 the regular cleaning of air-conditioning equipment and/or ceiling fans in classrooms, offices and other areas located on the Property;
13.1.14 removal and disposal of waste and debris found in the gutters and/or the roofs of any structure on the Property;
13.1.15 assisting the cleaning/gardening contractors by trimming, mowing, edging and removing any grass clippings and debris;
13.1.16 the pruning of shrubs and trees, etc. and spreading pine straw or mulch around shrubs, flower beds, etc.;
13.1.17 repairing playground equipment (including sand pits), fences, and other outdoor equipment damaged as a result of vandalism and/or misuse by the students, its employees, agents and/or subcontractors of the Operator;
13.1.18 repairing broken windows as a result of vandalism and/or misuse by the students, its employees, agents and/or subcontractors of the Operator;
13.1.19 maintaining the Owner’s equipment (stoves, air-conditioned system, alarm etc.); and
13.1.20 monitoring and servicing of fire equipment for the Term.
13.2 The Operator will at all times employ the services of a reputable subcontractor to attend to their maintenance obligations in a proper and workmanlike manner and shall ensure that any proposed subcontractor has entered into a contract with the Operator which imposes obligations substantially similar to those set out in this Agreement.
13.3 The Operators shall, ensure that its employees, agents, representatives, subcontractors and suppliers comply with this Agreement and all Applicable Laws in the execution of their respective obligations as set out in this Agreement.
13.4 The Operator represents and warrants, as of the Effective Date, and undertakes for the future to and in favour of the Owner that:
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13.4.1 it and its employees, agents and subcontractors have the necessary facilities, skills, know-how and expertise necessary to perform its obligations in accordance with the provisions of this Agreement;
13.4.2 it has effective, efficient and transparent financial and operational management and control systems in place;
13.4.3 it has registered as an independent tax payer with SARS and accordingly shall indemnify, defend and hold harmless the Owner and its respective officials in respect of any claim for income tax that may be successfully levied against the Operator; and
13.4.4 there is no proceeding pending or threatened, or any other event, matter, occurrence or circumstance, which to the Party’s knowledge, challenges or has a material adverse impact on this Agreement or the ability of the Party to perform its obligations pursuant to this Agreement.
13.5 The Operator shall accept full liability and responsibility in terms of the Occupational Health and Safety Act 85 of 1993, for all of its employees and persons under its control, including any subcontractors and their personnel.
13.6 The Operator will not conduct any activity of whatsoever nature which may be detrimental to the Owner’s reputation and goodwill.
13.7 The Operator will use the Property exclusively for ECD related programme purposes.
13.8 With the exception of the fire and safety certificate and the certificate of occupation, the Operator will be responsible to obtain all licenses and permits required by it to exercise its rights in terms of this Agreement, including payment of any associated costs in obtaining the aforementioned.
13.9 The Operator will affect any necessary alterations, additions and/or improvements to the Property required in order to comply with Applicable Law and in accordance with clauses 10 and 11.
13.10 The Operator will implement early childhood development programmes in line with the Children’s Act, No 41of 2007. The Operator must register the ECD Centre with the Provincial Department of Social Development. Subject to clause 7.1, in the event that the Operator is not registered accordingly, the
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Operator shall within 6 (six) months from the Signature Date effect its registration and provide the Owner with proof thereof.
13.11 The Operator, in consultation with the Owner, will be responsible for security of the Property and will submit the finalised detailed security plan to the Owner. The finalised security plan shall be attached to this Agreement as Annexure D (Security Plan).
13.12 The Operator will ensure that no persons of bad repute or character will be allowed access to the Property and if necessary the Operator will secure the services of a security company at his/her own cost.
13.13 The Operator is responsible for ensuring that no unauthorised, illegal or unlawful activities take place on the Property by any other person, including its employees, agents or representatives.
13.14 The Operator will not allow any trees or vegetation, present on the Property on the Effective Date, to be removed without obtaining the prior written consent of the Owner, such consent may be withheld in its sole discretion.
13.15 The Operator will not make any boreholes or otherwise draw water by any other means from beneath the surface of the Property, other than by the means which may already be in place on the Effective Date and with the express, prior written consent of the Owner.
13.16 The Operator will not allow anything to be done which may reasonably be expected to damage the Property, or constitute a nuisance or inconvenience to or adversely affect the peace and/or comfort of any person on or in the vicinity of the Property.
13.17 The Operator will not intentionally or negligently cause any blockage or failure in any sewerage pipes, water pipes, drains and/or other supply equipment or installation which provides Municipal Services to the Property.
13.18 The Operator will not in any manner disturb the municipal services to the Property, unless the Operator has the express prior written consent from the Owner or relevant local authority to do so. The Owner’s prior written consent may include any specified precautionary conditions or measures which the Operator is obliged to comply with.
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13.19 The Operator must immediately notify the Owner in writing, of any defect in the Property which requires maintenance by the Operator or Repair Services for which the Operator is not responsible, or did not undertake.
13.20 The Operator will provide the Owner or its authorised representatives or agents reasonable assistance and access to the Property to inspect the Property and make an inventory of all defects or issues on the Property which require repair by it or the Operator.
13.21 If the Owner or its authorised representatives or agents identifies defects or issues on the Property requiring Repair Services for which the Operator is responsible for in accordance with clause 13.1:
13.21.1 the Owner must provide written notice to the Operator demanding that the Operator effects the necessary repairs, where applicable, within 14 (fourteen) days (“the Repair Notice”);
13.21.2 Where after, the Operator is required to respond and/or comply with the Repair Notice;
13.21.3 failure to comply with the Repair Notice, shall entitle the Owner to either:
(a) effect the repairs identified in the Repair Notice and recover the costs of the repairs from the Operator; or
(b) exercise its rights and remedies in accordance with clause 7.1.
13.22 The Operator shall establish a committee or association which will include the ECD Centre principal, chairperson or representative of the local ECD forum and at least 4 (four) parents to provide an oversight role.
13.22.1 The Operator must submit the following reports to the Owner and/or an interested party upon their reasonable request:
(a) operational reports at the end of every quarter;
(b) annual audited financial statements at the end of the applicable Financial Year; and
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(c) management and summary operation reports and ECD services report at the end of every quarter. The Operator will maintain contents insurances in accordance with clause 20.
13.23 The Operator will take full responsibility of the safety and well-being of any person, working at, attending or visiting the facility.
14. OBLIGATIONS OF THE OWNER
14.1 The Owner represents and warrants, as of the Effective Date, and undertakes for the future, to and in favour of the Operator that the Property is e fit for purpose. The Owner will perform any repairs of structural damages to the Property to ensure that the Property is fit for the Operator’s purposes throughout the Term.
14.2 The Owner is responsible for the arrangements and costs of removal of any trees or vegetation once it has received prior written request from the Operator to do so.
14.3 The Owner must not unreasonably withhold any approval or consent in terms of this Agreement and must communicate its decision to approve any request of the Operator in writing, within a reasonable period of time.
14.4 The Owner is responsible for the supply of water, electricity, sewerage and/or any other basic municipal service required on the Property.
14.5 The Owner is responsible for the following maintenance activities on and around the Property:
14.5.1 Major Repairs and replacement of all faulty and exiting electrical components;
14.5.2 Repair and maintenance to all major structural damage to the Property, as a result of poor weather conditions, vandalism and the normal wear and tear;
14.5.3 Repair and/or replace damaged kitchen equipment as a result of damage caused by ordinary wear and tear;
14.5.4 Replacing all cracked tiles as a result of foundation settlement and ageing;
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14.5.5 Major Repairs related to the plumbing as a result of faulty equipment and the replacement of fixtures e.g. sinks, toilets, wash basin etc.;
14.5.6 Major external drain blockages;
14.5.7 Major Repairs of the internal and external surfaces and/or wall areas, ceilings when new paint work is required;
14.5.8 Major Repairs to external area’s (parking area, walkways, landscaping and perimeter fence;
14.5.9 Emergency and replacement of geyser equipment, thermostats etc.;
14.5.10 Major Repairs of the internal and external roof areas when required;
14.5.11 Major Repairs of the playground equipment (including sand pit), fences, and other outdoor equipment.
14.5.12 Emergency works to facility caused by vandalism as a result of community members protesting and/or break-ins; and
14.5.13 Replacing and servicing of all old fire equipment for new operators to facilities.
14.6 If the Owner or its authorised representatives or agents identifies defects or issues on the Property requiring repair for which the Operator is responsible for in accordance with clause 13.113.1:
14.6.1 the Owner must provide written notice to the Operator demanding that the Operator effects the necessary repairs, where applicable, within a reasonable time as stipulated in the repair notice (“the Repair Notice”);
14.6.2 the Operator must comply with the Repair Notice;
14.6.3 if the Operator fails to comply with the Repair Notice, within the prescribed time and provided the Operator has not requested a written extension in order to effect the repair and/or maintenance
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work, the Owner may remedy the defects and shall be entitled to recover the costs of repair from the Operator.
14.7 The Owner will provide on-going support in form of training opportunities to maintain and elevate the skills level of the educators and monitor the operations through its Social Development and ECD Directorate district office.
14.8 The Owner shall, t via its area office, Social Development and Early Childhood Development, submit quarterly feedback reports to the Owner’s sub-council for information and noting.
14.9 The Owner will not allow anything to be done which may reasonably be expected to damage the Property, or constitute a nuisance or inconvenience to or adversely affect the peace and/or comfort of any person on or in the vicinity of the Property.
14.10 The Owner will not intentionally or negligently cause any blockage or failure in any sewerage pipes, water pipes, drains and/or other supply equipment or installation which provides Municipal Services to the Property.
14.11 The Owner will obtain the fire and safety certificate and the certificate of occupation.
14.12 The Owner will procure and maintain building insurance for the duration of the Term.
15. INSPECTION OF AND ACCESS TO THE PROPERTY
15.1 The Owner’s officials, agents or other authorised representatives or third parties will be entitled to full rights of access to the Property in order to inspect, clean, maintain, renew, repair, construct and reconstruct municipal services (“the Municipal Services”), which currently includes the following:
15.1.1 sewers;
15.1.2 rising mains;
15.1.3 storm water drains;
15.1.4 water mains;
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15.1.5 electrical cables; and
15.1.6 any ancillary works.
15.2 If any maintenance, clearing, construction, reconstruction or repairs of the Municipal Services become necessary at any time, the Owner will endeavour to effect the necessary work at reasonable times in order to not interfere with the Operators day-to-day activities, nor disturb the surface ground of the Property unnecessarily.
15.3 In such an event as stipulated in clause 15.2, the Owner will not be liable to pay compensation to the Operator, or grant any reduction in any amount payable under this Agreement, if the Property is in any way affected by the maintenance, clearing, construction, reconstruction and/or repairs of the Municipal Services.
15.4 The Owner will not be responsible for any damage or loss whatsoever which may be suffered by the Operator due to the work performed by the Owner of the Municipal Services, or as a result of any interruption to its business or trading operations.
15.5 The Owner will be entitled to full access and use of the Property, without notice to the Operator, for the purpose of any emergency services and will be entitled to full access and use of the Property for any other reason on reasonable notice, which may not be unreasonably withheld or delayed by the Operator.
16. INDEMNITY
16.1 The Operator indemnifies the Owner against any claim brought by any person, which may arise as a result of the Operator managing the Property, or relating to this Agreement in any way whatsoever (“the Operator’s Indemnity”).
16.2 The Operator’s Indemnity will apply to all claims (including actions, proceedings and demands) (“the Claims”) made against the Owner in respect of any damages or expenses whatsoever which may occur due to any act or omission leading to loss, injury or death.
16.3 The Operator’s Indemnity will continue to apply even if the Claims are directly or indirectly due to the negligence or intentional conduct of the Owner and/or its members, employees or anyone acting under its control and for whose conduct the Owner may be legally responsible.
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16.4 The Operator’s Indemnity will not extend to acts or omissions of gross negligence by the Owner.
17. LETTING, CESSION AND ASSIGNMENT
The Operator may not:
17.1 sub-let the Property or any portion of the Property;
17.2 cede or assign any right or delegate any obligation due by or to it in terms of the provisions of this Agreement; or
17.3 part with possession or allow any third party to use or have occupation of the whole or any portion of the Property,
without the prior express, written, consent of the Owner. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the Parties and their respective officers, directors, employees, successors and assigns.
18. LIMITATION OF LIABILITY
18.1 The Owner shall not be liable to the Operator for any indirect or consequential loss or damage, including without limitation, loss of profit, revenue, anticipated savings, business transactions or goodwill or other contracts whether arising from negligence or breach of contract.
18.2 Notwithstanding anything contained in this Agreement, the Owner’s maximum liability shall be limited, whether for a single or multiple events, will be limited to twice the amounts paid and/or payable by the Operator for the applicable Financial Year immediately preceding that in which the event giving rise to the liability arises (or where such event arises in the first Financial Year during the Term of this Agreement, the actual total amounts paid for the remainder of the first Financial Year).
18.3 Neither Party excludes or limits liability to the other Party for death, personal injury caused by its proven gross negligence or that of its employees, staff, volunteers, subcontractors, suppliers, officers or agents for fraud or theft by it and for breach of any of the provisions under clause 16 (Indemnity) and clause 25 (Confidential Information).
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18.4 This clause 18 will remain in full force and effect notwithstanding termination or expiration of this Agreement.
19. FORCE MAJEURE
19.1 An event will only be considered Force Majeure if it is not attributable to the wilful act, neglect, default or other failure to take reasonable precautions of the affected Party, its agents, employees or contractors and neither Party will be liable to the other for any failure to fulfil its obligations and/or responsibilities caused by an event of Force Majeure.
19.2 If an event of Force Majeure arises, the affected Party shall promptly notify the other in writing. The affected Party shall take all reasonable measures in order to continue to perform in terms of this Agreement.
19.3 Should the event of Force Majeure continue for a period of 30 (thirty) consecutive days, the other Party shall be entitled to terminate this Agreement with immediate effect upon written notice to the affected Party.
20. INSURANCE
20.1 The Operator shall:
20.1.1 obtain appropriate insurances and keep itself insured with a reputable insurance company, to the satisfaction of the Owner, against risks that are of a nature usually insured against by persons engaged in activities that are similar to the activities described in this Agreement. The Operator will for a period of 1 (one) year following termination or expiration of this Agreement maintain in force an insurance policy or policies with a reputable insurer which grants the following cover:
(a) Life insurance for the staff members of the Operator;
(b) Medical Aid for the staff members of the Operator;
(c) Public liability insurance cover up to a limit (for any single event or series of related events in a single calendar year) of no less than, R20 million (twenty-million), or as approved by the City in writing from time to time;
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20.1.2 furnish the Owner with a description of and proof of the insurances envisaged in clause 20.1.1, as well as prompt written notice of any premium renewals in respect of such insurances; and
20.1.3 ensure that the counterparties to the documents and agreements concluded by the Operator in relation to the services conducted on the Property, all have adequate professional indemnity insurance and insurance against risk associated with the activities conducted by such counterparty, including but not limited to public liability insurance, to the satisfaction of the Owner.
20.2 The Operator shall further ensure that it has the necessary employer’s liability insurance in respect of its employees/agents and in the event that the Operator recruits staff based in South Africa, that they have acquired the necessary employer’s liability insurances in line with the provisions of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 and have complied with all other Applicable Law.
20.3 The Operator shall further ensure that it has procured the necessary motor vehicle insurance in respect of its own vehicles.
20.4 In the event of the Operator being under insured or its insurers repudiating its claim for whatsoever reason, there will be no recourse against the Owner, either by the Operator or any third parties and the Operator shall remain liable and indemnifies the Owner in full in this regard.
21. AGREEMENT AS SECURITY
The Operator will not be entitled to register this Agreement against the title deed of the Property, nor will it be entitled to offer this Agreement as security for any purpose whatsoever to any third party.
22. DISPUTE RESOLUTION
22.1 If any dispute or difference of any kind whatsoever arises between the Parties in connection with or arising out of this Agreement, the Parties shall make every effort to resolve amicably such dispute or difference by mutual consultation within five (5) days or such extended period of time as the Parties may agree to in writing. If unresolved within the prescribed time, either Party may escalate
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such dispute to senior executives or officials of the Parties, who will endeavour to resolve the dispute within thirty (30) days by mutual discussion and consultation.
22.2 If the Parties have failed to resolve the dispute or difference by such mutual consultation referred in clause 22.1, then either Party may upon five (5) days written notice, notify the other Party of its intention to refer the dispute for mediation by an independent and impartial mediator to resolve the dispute. The mediator shall be agreed between the Parties, failing which, the mediator must be appointed by the chairperson for the time being of the Arbitration Foundation of Southern Africa (“AFSA”) or its successor.
22.3 The mediator’s ruling shall become final and binding on the Parties only to the extent that it is correctly recorded as being agreed to by the Parties in writing. Save for reference to any portion of any settlement or decision which has been agreed to be final and binding on the parties, no reference shall be made by or on behalf of either Party, in any subsequent court proceedings to any outcome of an amicable settlement by mutual consultation, or to the fact that any particular evidence was given, or to any submission, statement or admission made in the course of amicable settlement by mutual consultation or mediation.
22.4 The costs of mediation shall be borne equally between the Parties, which shall be due and payable to the mediator on presentation of his/her account.
22.5 Should any dispute not be settled by means of mediation, either Party may refer the dispute for settlement to a South African court with competent jurisdiction.
22.6 Notwithstanding any reference to mediation and/or court proceedings herein, the Parties shall continue to perform their respective obligations under the Agreement unless otherwise agreed to.
22.7 Should either Party consult its attorneys, or institute action against the other in order to enforce any terms of this Agreement, then without prejudice to any other right which that Party may have, it shall be entitled to recover from the other party all legal costs reasonably incurred by it, including but not limited to attorney’s fees as between attorney and own client.
22.8 Nothing in this clause 22, at any time whilst the dispute resolution procedure is in progress or before or after it is invoked, either Party’s freedom to seek any
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urgent relief to preserve a legal right or remedy from a court of competent jurisdiction.
23. OPERATOR ACTING IN REPRESENTATIVE CAPACITY FOR NON-PROFIT ORGANIZATION, A COMPANY OR CLOSE CORPORATION
23.1 If the Operator concludes this Agreement in his capacity as a representative for NPO, a company or close corporation to be formed, the NPO, company or close corporation must be formed within 1 (one) month of Signature Date. Where after, the NPO, company or close corporation must, within 14 (fourteen) days after formation, issue its written approval of this Agreement (also known as ratification) and adopt this Agreement.
23.2 If the NPO, company or close corporation is not formed within 1 (one) month of Signature Date, or after having been formed, does not approve/ratify and adopt this Agreement within 14 (fourteen) days, the person signing this Agreement on behalf of the Operator will be bound to this Agreement in his or her personal capacity.
24. PROPERTY REMAINS PROPERTY OF OWNER
This Agreement will under no circumstances be deemed to confer any real right or servitude of any kind in favour of the Operator.
25. CONFIDENTIALITY
25.1 Except as otherwise provided in this clause, or the terms and conditions of this Agreement, all Confidential Information shall be treated by the Parties as confidential (whether in writing, verbally or by any other means and whether directly or indirectly by one Party to the other) and each Party (the “Recipient”) undertakes to the other Party (the “Discloser”) to:
25.1.1 hold all Confidential Information of the Discloser which it obtains in relation to this Agreement in strict confidence;
25.1.2 not disclose, or authorise the disclosure of the Discloser’s Confidential Information to any third party other than pursuant to clauses 25.2, 25.3 and 25.5;
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25.1.3 not use, or authorise anyone to use the Discloser’s Confidential Information for any purpose other than the performance of the obligations and purposes pursuant to this Agreement; and
25.1.4 promptly notify the Discloser of any suspected or actual unauthorised use or disclosure of the Discloser’s Confidential Information of which the Recipient becomes aware and promptly take all reasonable steps that the Discloser may require in order to prevent, stop or remedy the unauthorised use of disclosure.
25.2 The Recipient may disclose Confidential Information, including the contents of this Agreement to its respective officers, directors, employees, contractors, advisors, auditors and any third party, but only to the extent, and provided that such persons:
25.2.1 need to know the Confidential Information disclosed to them for the purposes of the Agreement, or who otherwise have a legal right or duty to know the Confidential Information;
25.2.2 have been informed in writing of the confidential nature of the Confidential Information and the purpose for which it may be lawfully used; and
25.2.3 comply with the terms of this Agreement in respect of the Confidential Information disclosed to them.
25.3 The Recipient may disclose the Discloser’s Confidential Information if, and to the extent that, it is required to do so by Applicable Law.
25.4 Clause 25.1 will not apply to Confidential Information to the extent that:
25.4.1 such Confidential Information has been placed in the public domain other than through the fault of the Recipient;
25.4.2 such Confidential Information has been independently developed by the Recipient without reference to the Confidential Information of the Discloser; or
25.4.3 the Discloser has approved in writing the particular use or disclosure of the Confidential Information.
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25.5 The obligations with respect to Confidential Information will survive termination of this Agreement.
26. INTELLECTUAL PROPERTY
26.1 All Intellectual Property Rights of whatsoever nature existing prior to or after the Effective Date shall belong to that Party that owned such Intellectual Property Rights.
26.2 Neither Party shall, under any circumstances whatsoever, reproduce, copy, modify, adapt, enhance or use the other Party’s intellectual property or permit the use of the other Party’s intellectual property by any third party without the other Party’s prior written consent and approval, except as otherwise provided for herein.
26.3 Each Party grants to the other a limited non-exclusive licence, for the duration of this Agreement, to use the other’s intellectual property as necessary for the purposes of the subject matter as set out herein.
27. PUBLICITY
The Parties agree that no public announcement in regard to the existence or contents of this Agreement or otherwise in relation to this Agreement nor publicity or advertising material shall be issued by either Party in relation to this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed.
28. COMPLIANCE WITH LAWS
The Parties shall at all times comply with all Applicable Law in the performance and execution of the Parties obligations in terms of this Agreement.
29. ENTIRE AGREEMENT
This Agreement constitutes the complete and entire Agreement between the Parties as to the subject matter hereof. Save as may be expressly set out herein, no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein are binding on the Parties. This Agreement supersedes
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and replaces any previous oral and/or written agreements, understandings, representations, promises or assurances relating to the same subject matter.
30. NO WAIVER
No indulgence, leniency or extension of time which any Party may give or allow to the other Party in respect of the performance of any of its obligations, shall in any way prejudice the Party giving or allowing the indulgence, leniency or extension or preclude such Party from exercising any of its rights an enforcing the obligations of the other Party in terms of this Agreement.
31. SURVIVAL OF TERMS
All terms that by their nature are intended to survive termination or expiry of this Agreement, will survive the termination or expiry of this Agreement.
32. VARIATION
No addition to, alteration, cancellation, variation or novation of this Agreement and no waiver of any right arising from this Agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the Parties or their duly authorised representatives.
33. REMEDIES
The rights and remedies of the City contained or referred to in this Agreement are cumulative and not exclusive of any other rights or remedies provided by Applicable Law.
34. SEVERABILITY
Each of the provisions of this Agreement is separate, severable and enforceable accordingly. If a court of competent jurisdiction or other competent body decides that any provision of this Agreement is void or otherwise ineffective but would be valid and effective if appropriately modified, then such provision will apply with the modification necessary to make it valid and effective. If such a provision cannot be so modified, the provision’s invalidity or ineffectiveness will not affect or impair the validity or legal effect of any other provision of this Agreement.
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35. FURTHER ASSURANCE
Each Party will do and execute, or arrange for the doing and executing of, each necessary act, document and thing reasonably within its power to implement and give effect to this Agreement.
36. SIGNATURE & COUNTERPARTS
36.1 This Agreement is signed by the Parties on the dates and at the places indicated opposite their respective names.
36.2 This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one single agreement between the Parties.
36.3 Each Party represents and warrants to other, as of the Effective Date, and undertakes for the future that it has full capacity, power and authority to enter into this Agreement and the persons entering into this Agreement on its behalf have been duly authorized to do so.
37. COSTS
37.1 Each Party shall bear its own costs in respect of its individual obligations and responsibilities in accordance with the provisions of this Agreement.
37.2 Each Party shall bear its own costs in the negotiation, drafting, execution and implementation of this Agreement.
38. GOVERNING LAW
38.1 This Agreement, including any non-contractual disputes arising out of or in relation to it, shall be governed by and construed in accordance with the Applicable Laws of the Republic of South Africa and the parties submit to in terms of Section 45 of the Magistrate’s Court Act, 32 of 1944, as amended, in respect of any action or proceeding arising out of or in connection with this Agreement, to the exclusive jurisdiction of the Magistrate’s Court having jurisdiction in terms of Sections 28 and 29 of the said Act.
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38.2 Notwithstanding the Parties’ consent in clause 38.1 above, either Party may institute proceedings out of the High Court having jurisdiction.
39. NOTICES AND DOMICILIA
39.1 Each of the Parties hereby choose as their domicilium citandi et executandi their respective addresses set out in this clause for the purposes of the giving of any notice, the serving of any process and for any other purpose arising out of or in connection with this Agreement. For the purposes of this Agreement the Parties’ respective addresses shall be:
39.1.1 OWNER
Attention: Alfonso Sauls Physical Address: Hertzog Boulevard, Civic Centre, 22nd Floor, 2 Bay Telephone: 021 444 0301 E-mail: [email protected]
39.1.2 OPERATOR
Attention: Elizabeth Benjamin/Avonwood Educare Physical Address: 19 Multi-purpose Centre, Halt Road, Elsies River Telephone: 076 958 4857/021 823 2788 E-mail: [email protected]
39.2 Either Party hereto shall be entitled by written notice to the other, to vary its domicilium to any other address within the Republic of South Africa. Notwithstanding anything to the contrary contained or implied in this Agreement, a written notice or communication actually received by one of the Parties from the other including by way of facsimile transmission or electronic mail shall be adequate written notice or communication to such Party.
39.3 Any notice given in terms of this Agreement shall be in writing and shall be deemed to have been served and/or received:
39.3.1 if delivered, on the date of delivery;
39.3.2 if transmitted by facsimile, on the expiration of twenty-four (24) hours after transmission;
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39.3.3 if posted by prepaid registered post, on the 4th (fourth) day following the date of such posting;
39.3.4 if sent by courier, on the date of delivery by the courier service concerned, unless the contrary is proven; or
39.3.5 If transmitted by electronic mail message (e-mail), when the transmission is complete.
AVONWOOD EDUCARE CENTRE THE CITY OF CAPE TOWN
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Witness 1: Witness 1:
Witness 2: Witness 2:
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CAPE ARGUS, Friday, December 4, 2020 17
LAND USE APPLICATIONS • REMOVAL OF RESTRICTIONS • ROAD CLOSURES • PROPERTY SALES / LEASES
Closing date for an objection, comment or representation: Any objection, mentioned above during office hours where he or she will be assisted in on 021 444 7843/021 444 7936. By lodging an objection, comment or comment or representation about the proposal must be submitted on the transcribing any comment or objection and the reasons therefor. Please representation, the person doing so acknowledges that information may be prescribed form with reasons therefor and may be submitted to the following arrange an appointment with the District Secretary, Roslind Butterson on 021 made available to the public and to the applicant. An objector may request email address: [email protected] (or 400 6444. By lodging an objection, comment or representation, the person that the City Manager keep their full name, address and contact details submitted in writing to the office of the abovementioned District Manager), doing so acknowledges that information may be made available to the confidential on good cause shown. Such request must be submitted together to be received before or 15 February 2021. public and to the applicant. An objector may request that the City Manager with the objection, comment or representation. Any petition must comply keep their full name, address and contact details confidential on good with the requirements of section 91 of the City of Cape Town Municipal You can download the prescribed form at the following link: cause shown. Such request must be submitted together with the objection, Planning By-law, 2015. http://www.capetown.gov.za/LandUseObjections. comment or representation. Any petition must comply with the requirements General: No late comment or objection will be considered unless the of section 91 of the City of Cape Town Municipal Planning By-law, 2015. Proposed rezoning, subdivision and various City Manager has agreed thereto in writing. An objection, comment or permanent departures representation which does not meet the requirements above may be TYGERBERG DISTRICT disregarded. Any person who cannot write may come to the district office • Erf 17730, Edgemead, C/o Greenhill View Road and mentioned above during office hours where he or she will be assisted in Proposed rezoning and departures Edgemead Drive, Goodwood transcribing any comment or objection and the reasons therefor. Please arrange an appointment with the District Secretary, Roslind Butterson on 021 • Erf 22709, Goodwood, Monte Vista, 14 Diaz Avenue Notice is hereby given in terms of section 81 of the City of Cape Town 400 6444. By lodging an objection, comment or representation, the person Notice is hereby given in terms of section 81 of the City of Cape Town Municipal Planning By-law, 2015, that the application below has been doing so acknowledges that information may be made available to the Municipal Planning By-law, 2015, that the application below has been received and is open for inspection during office hours at the office of the public and to the applicant. An objector may request that the City Manager received and is open for inspection during office hours at the office of the District Manager, Corner Tallent Street & Voortrekker Road, Administrative keep their full name, address and contact details confidential on good District Manager, Corner Tallent Street & Voortrekker Road, Administrative Building, Parow. Please arrange an appointment with the District Secretary, cause shown. Such request must be submitted together with the objection, Building, Parow. Please arrange an appointment with the District Secretary, Antoinette Loubser on 021 444 7843. The application documents may comment or representation. Any petition must comply with the requirements Antoinette Loubser on 021 444 7843. The application documents may also be viewed on the following link: http://www.capetown.gov.za/ of section 91 of the City of Cape Town Municipal Planning By-law, 2015. also be viewed on the following link: http://www.capetown.gov.za/ landuseapplications. landuseapplications. Case ID: 70526226 Lease Case ID: 70521390 Applicant/owner’s details: Dimitri Cristallides • Of City Land, Erven 9515, 8003, 9279 Cape Town Applicant/owner’s details: Dimitri Cristallides Erf number(s): 17730 and Unregistered State Land, Sir Lowry Road, Zon- Erf number(s): 22709 Description and physical nebloem to Stardust Theatrical Dining CC and their address: Corner of Greenhill View Road & successors-in-title for parking and security purposes. Description and physical address: 14 Diaz Avenue, Monte Vista, Goodwood Edgemead Drive, Edgemead, Goodwood Notice is hereby given that the City of Cape Town will be, in terms of the Purpose of the application: Purpose of the application: provisions of the Local Government Municipal Finance Management Act 1. Rezoning from Single Residential 1 to General Residential GR4. • Rezoning from Single Residential 1 (SR 1) to General Residential 1 (GR1) and the associated Municipal Asset Transfer Regulations and the Policy on 2. Permanent departures for the relaxation of the following: to permit 10 group housing units. the Management of certain of the City of Cape Town’s Immovable Property, * Street building line on Diaz Avenue from 4,5m to 2,930m and • Subdivision into 10 residential portions and road. approved by Council on 26 August 2010, considering the lease of City Land, 2,350m on the splay of Schreiner Street and Diaz Avenue. • Departures from the following: Erven 9515, 8003, 9279 Cape Town and Unregistered State Land, Sir Lowry * Street building line departure from 4,5m to 2,406m on * Street building line (Edgemead Drive): From 5m to 1,843m Road, Zonnebloem to Stardust Theatrical Dining CC and their successors-in- Schreiner Street. * Street building line (Greenhill View Rd) From 5m to 1,659m title for parking and security purposes. * Northern common boundary building line from 4,5m to 0m. * Common boundary building line (East): From 3m to 2m Applicant: Stardust Theatrical Dining CC * Western common boundary building line 4,5m to 1,526m * Maximum gross density permitted for group housing from 35 to 60 * The floor factor (bulk) from 1,5 to 1,57. dwelling units/hectare. Extent of lease area: 5 079 m² (approximately) * Parking provisions from the required 15 parking bays to 12 bays on Closing date for an objection, comment or representation: Any objection, Rental: Market rental of R 9 400 per month excluding VAT site, i.e. 1,5 bays/unit. comment or representation about the proposal must be submitted on the increasing annually with 6% Closing date for an objection, comment or representation: Any objection, prescribed form with reasons therefor and may be submitted to the following Purpose: Parking and security purposes comment or representation about the proposal must be submitted on the email address: [email protected] (or prescribed form with reasons therefor and may be submitted to the following submitted in writing to the office of the abovementioned District Manager), Lease term: The lease shall be for a period of 10 years, with a email address: [email protected] (or to be received before or on 4 February 2021. 2 year rental review, subject at any time to SIX submitted in writing to the office of the abovementioned District Manager), MONTH’S notice of termination You can download the prescribed form at the following link: to be received before or on 4 February 2021. http://www.capetown.gov.za/LandUseObjections. Information Statement: You can download the prescribed form at the following link: a) The reason for the proposal to grant a long-term right to use, control or General: No late comment or objection will be considered unless the City Manager http://www.capetown.gov.za/LandUseObjections. manage the relevant asset is: the property is not required for the has agreed thereto in writing. An objection, comment or representation which does provision of a minimum level of basic municipal service. General: No late comment or objection will be considered unless the City not meet the requirements above may be disregarded. Any person who cannot write b) The expected benefit to the municipality that may result from the Manager has agreed thereto in writing. An objection, comment or representation may come to the district office mentioned above during office hours where he or she granting of the right is: the property is underutilized, surplus to Council’s which does not meet the requirements above may be disregarded. Any person will be assisted in transcribing any comment or objection and the reasons therefor. requirements, no demand exist for same, and the lease will furthermore who cannot write may come to the district office mentioned above during Please arrange an appointment with the District Secretary, Antoinette Loubser on relief council of a maintenance burden and generate funds for the City of office hours where he or she will be assisted in transcribing any comment or 021 444 7843. By lodging an objection, comment or representation, the person Cape Town. objection and the reasons therefor. Please arrange an appointment with the doing so acknowledges that information may be made available to the public and to c) The expected proceeds to be received by the Municipality resulting from District Secretary, Antoinette Loubser on 021 444 7843. By lodging an objection, the applicant. An objector may request that the City Manager keep their full name, the granting of the right is: that the City will receive a market related comment or representation, the person doing so acknowledges that information address and contact details confidential on good cause shown. Such request must rental for the proposed lease for parking and security purposes. may be made available to the public and to the applicant. An objector may be submitted together with the objection, comment or representation. Any petition d) The expected gain or loss that will be realised or incurred by the request that the City Manager keep their full name, address and contact details must comply with the requirements of section 91 of the City of Cape Town Municipal Municipality arising from the granting of right is: no loss will be incurred confidential on good cause shown. Such request must be submitted together Planning By-law, 2015. by the City arising from the granting of right. with the objection, comment or representation. Any petition must comply with the Notice is hereby given that the City of Cape Town is, in terms of the Policy on requirements of section 91 of the City of Cape Town Municipal Planning By-law, For further details of the transaction contact Angelene Kelland on the Management of certain of the City of Cape Town’s Immovable Property, 2015. 021 400 6555, Media City, between the hours 08:30-15:00 on weekdays. approved by Council on 26 August 2010, considering entering into a Any comments/objections and alternative proposals to the proposed lease management agreement with the following ECD centre operator to manage must be submitted in writing, together with reasons therefore, to the Proposed rezoning, subdivision, departures & the specified ECD centre. Regional Head: Property Holding, Cape Town Region, PO Box 4557, City approval Cape Town 8000, or e-mailed to [email protected] on or Area Erf Physical address Suburb Name of ECD before 11 January 2021. • On Erven 23361 &19419 Parow Along Voortrekker number centre Road, Duminy Street & Caxton Street Central 169354 Oleander Crescent, Netreg Cleverland Proposed application for rezoning and departures in in Netreg (excluding Educare Centre Notice is hereby given in terms of section 81 of the City of Cape Town the community hall) (NPO number: terms section 42(a) and 42(b) of the City of Cape Town Municipal Planning By-law, 2015, that the application below has been 160-800) received and is open for inspection during office hours at the office of the Municipal Planning By-law, 2015 District Manager, Administrative Building, Corner Voortrekker Road and Introduction • Erf 111583, Cape Town, 1 Sixth Street, Kensington Tallent Street, Parow, 7500. Please arrange an appointment with the District The City of Cape Town is considering granting rights to the abovementioned Secretary, Antoinette Loubser on 021 444 7843/021 444 7936. ECD centre to use, manage, control and further redevelop the erf, for a period Notice is hereby given in terms of section 81 of the City of Cape Town The application documents may also be viewed on the following link: http:// of two (2) years and 11 months. Municipal Planning By-law, 2015 that the application below has been www.capetown.gov.za/landuseapplications. received and is open to inspection at the office of the District Manager Reasons for proposed granting rights to abovementioned ECD centres at Media City Building, 2nd Floor, corner of Hertzog Boulevard and Case ID: 70521627 a) The ECD centre has met the requirements in terms of a competitive adjudication process with regard to skill/ qualification levels and Heerengracht Street, Cape Town. Applicant/owner’s details: Tommy Brummer Town Planning programmes that will benefit the children and broader communities. Application number: 70511115 Erf number(s): 23361 b) The ECD centre operator has confirmed that they have the necessary Applicant/owner’s details: Phumeza Qwashu Description and physical resources to ensure that all infrastructure under its authority is operated, maintained and safeguarded as legally required in terms of the Facility Erf number(s): 111583, Cape Town address: 3 Duminy Street Management Agreements that will be entered into with the City. Description and physical Purpose of the application: c) Communities require continuity in terms of the services offered to address: 1 Sixth Street, Kensington • To rezone Erf 23361 from General Industrial (GI1) to subdivisional area children and their parents. By granting rights, the ECD centre is not only to permit a portion of the site to be rezoned to Transport Zone (TR2) and Purpose of the application: able to sustain their business but they are also able to provide the remainder rezoned to Mixed Use (MU2). employment to community members that have the necessary skills and Application is for rezoning of land from Single Residential Zoning 1: • To rezone Erf 19419 from GI1 to MU2. Conventional Housing (SR1) to General Residential Zoning 2 (GR2) for the capacities to work in the ECD facility over longer periods, thus allowing • To permit the following departures from the Development Management these community members to plan their livelihoods better. development of a 9 dwelling units block of flats. The following applications Scheme (DMS); have been applied for: - A portion of the building on Erf 23361 to be setback 2m, in lieu Benefits of proposed granting of rights to the ECD centre 1. Rezoning of 4.5m, above 10m in height, on the eastern common boundary Early childhood development services that are rendered in a secure and with Erf 19419. 1.1. Rezoning of land from Single Residential Zoning 1: Conventional nurturing environment offer comfort and support to parents, who are then - The existing carriageway crossings (parking) on Erf 19419, along Housing (SR1) to General Residential Zoning 2 (GR2). able to actively participate in the economy. Women in particular, benefit from Caxton Street, to be 31.5m & 25.5m, in lieu of 8m. 2. Departure safe, secure and well-run ECD centres as it allows them to seek employment, • To subdivide of Erf 23361 into two portions; portion 1 (54m²) for road 2.1. Item 41(a): To permit the coverage of flats on the property to be and to accept opportunities in the job market. 74%(364m2) in lieu of 60%(296m2). reserve & the Remainder (4465m²) for business premises. 2.2. Item 41(e): To permit a portion of the proposed building (ground • City’s approval to permit the existing parking on Erf 19419 to be 0m from The overarching benefit will be an increase in the number of children that floor and the first floor) and portion of the refuse room to be setback Caxton Street boundary, in lieu of 10m. are able to access registered ECD centres, which are compliant with safety 1.5m and 4.056m in lieu of 4.5m, respectively, from the street • City’s approval to permit a voluntary parking supply on adjacent Erf and health requirements and meet the educational development needs of a boundary (Second Avenue). 19419 for the operation of the business premises on Erf 23361. child. In this way, the City will contribute towards the development of a firm 2.3. Item 41(e): To permit the proposed refuse room and portions of • City’s approval to permit the canopy of the building to be setback 2m and education foundation for children that enter the formal schooling system. the proposed building (ground and first floor being unit 1 and unit 4) the building itself to be setback 4.5m, in lieu of 5m from Financial proceeds and losses arising from the granting of rights to the and portion of the first floor (unit 8) to be setback 0m, 3.69m and Voortrekker Road PMR. ECD centre 2.36m in lieu of 4.5m, respectively, from the street boundary Closing date for an objection, comment or representation: Any objection, (Sixth Street). comment or representation about the proposal must be submitted on the The services provided by the ECD centre is in the interests of the local 2.4. Item 137: To permit 6 parking bays in lieu of 11 parking bays. prescribed form with reasons therefor and may be submitted to the following community. The ECD centre will therefore pay a nominal rental equal to the Closing date for an objection, comment or representation: Any objection, email address: [email protected] (or tariff rental for social facilities of R 966, 09 per annum, excl. VAT. This nominal comment or representation about the proposal must be submitted on the submitted in writing to the office of the abovementioned District Manager), rental equal to the tariff rental for social facilities will be subject to increase in prescribed form with reasons therefor and may be submitted to the following to be received before or on 2 February 2021. accordance with the City’s tariff structure as approved by Council and as may be amended from time to time. email address: [email protected] (or You can download the prescribed form at the following link: submitted in writing to the office of the abovementioned District Manager), http://www.capetown.gov.za/LandUseObjections. If approved, Council will forego the financial income that would be derived to be received before or on 15 February 2021. from this facility were it to be leased to a private operator. General: No late comment or objection will be considered unless the You can download the prescribed form at the following link: City Manager has agreed thereto in writing. An objection, comment or For further details of the transaction contact Siphokazi Dyani on http://www.capetown.gov.za/LandUseObjections. representation which does not meet the requirements above may be 021 444 7689/073 864 7757, 2nd Floor, 44 Wale Street, Cape Town, General: No late comment or objection will be considered unless the disregarded. Any person who cannot write may come to the district office between 08:30-15:00 on weekdays. Any concerns, comments or objections City Manager has agreed thereto in writing. An objection, comment or mentioned above during office hours where he or she will be assisted in to the proposal must be e-mailed to the Assistant Professional Officer: Early representation which does not meet the requirements above may be transcribing any comment or objection and the reasons therefor. Please Childhood Development (ECD) Programme disregarded. Any person who cannot write may come to the district office arrange an appointment with the District Secretary, Antoinette Loubser [email protected] on or before 24 December 2020.
ACM/18452199 Vrydag 4 Desember 2020 Geklassifiseerd 19
STRAATSLUITINGS • EIENDOMSVERKOPE/VERHURINGS
• Stadgoedkeuring om toe te laat dat die afdak van die Algemeen: Geen laat kommentaar of beswaar sal oorweeg Finansiële opbrengs en verlies voortspruitend uit die gebou 2 m en die gebou self 4,5 m in plaas van 5 m word nie tensy die Stadsbestuurder skriftelik daarvoor toestaan van regte aan die ECD-sentrum van Voortrekkerweg- openbare hoofpad teruggeset is. toestemming gegee het. ’n Beswaar, kommentaar of vertoë wat nie aan die bogenoemde vereistes voldoen nie, kan Die dienste wat die ECD-sentrum lewer, is in die belang van die Sluitingsdatum vir beswaar, kommentaar of vertoë: verontagsaam word. Enige persoon wat nie kan skryf nie, kan plaaslike gemeenskap. Die ECD-sentrum sal dus nominale Enige beswaar, kommentaar of vertoë oor die voorstel, met redes gedurende kantoorure die bogenoemde distrikskantoor besoek huurgeld betaal, gelykstaande aan die tariefhuur vir daarvoor, moet op die voorgeskrewe vorm by die volgende e- waar hy of sy gehelp sal word om enige kommentaar of beswaar, maatskaplike fasiliteite, van R966,09 per jaar, BTW uitgesluit. posadres: [email protected] met die redes daarvoor, neer te skryf. Reël asseblief ’n afspraak Hierdie nominale huurgeld, gelykstaande aan die tariefhuur vir ingedien word (of skriftelik by die kantoor van die bogenoemde met die distriksekretaresse,Antoinette Loubser, by 021 444 maatskaplike fasiliteite, sal onderworpe wees aan ’n styging in distriksbestuurder), en moet voor of op 2 Februarie 2021 7843. Deur ’n beswaar, kommentaar of vertoë te rig, aanvaar die die Stad se tariefstruktuur soos deur die Raad goedgekeur en ontvang word. persoon wat dit rig dat inligting aan die publiek en die soos van tyd tot tyd gewysig. aansoeker bekend gemaak kan word. ’n Beswaarmaker kan Jy kan die voorgeskrewe vorm by die volgende skakel aflaai: versoek dat die Stadsbestuurder sy of haar volle naam, adres en Indien goedgekeur, sal die Raad die finansiële inkomste verbeur http://www.capetown.gov.za/LandUseObjections. kontakbesonderhede as vertroulik hanteer op grond van goeie wat verkry sou word indien die fasiliteit aan ’n privaat operateur redes. Sodanige versoek moet saam met die beswaar, verhuur sou word. Algemeen: Geen laat kommentaar of beswaar sal oorweeg kommentaar of vertoë ingedien word. Enige petisie moet aan word nie tensy die Stadsbestuurder skriftelik daarvoor die vereistes van artikel 91 van die Stad Kaapstad: Verordening Vir meer besonderhede oor die transaksie, kontak Siphokazi toestemming gegee het. ’n Beswaar, kommentaar of vertoë wat op Munisipale Beplanning, 2015, voldoen. Dyani by 021 444 7689 / 073 864 7757, 2de verdieping, nie aan die bogenoemde vereistes voldoen nie, kan Waalstraat 44, Kaapstad, tussen 08:30 en 15:00 op weeksdae. verontagsaam word. Enige persoon wat nie kan skryf nie, kan Kennis geskied hiermee dat die Stad Kaapstad ingevolge die Enige kwessies, kommentaar of besware oor die voorstel moet gedurende kantoorure die bogenoemde distrikskantoor besoek beleid oor sekere van die Stad Kaapstad se onroerende eiendom, voor of op 24 Desember 2020 per e-pos ontvang word by die waar hy of sy gehelp sal word om enige kommentaar of beswaar, goedgekeur deur die Raad op 26 Augustus 2010, dit oorweeg assistent- professionele beampte: vroeëkindontwikkelings-(ECD- met die redes daarvoor, neer te skryf. Reël asseblief ’n afspraak om ’n bestuursooreenkoms met die volgende ECD-operateur aan )program by [email protected]. met die distriksekretaresse,Antoinette Loubser, by 021 444 te gaan om die spesifieke ECD-sentrum te bestuur. 7843. Deur ’n beswaar, kommentaar of vertoë te rig, aanvaar die Voorgestelde oordrag van 3306 persoon wat dit rig dat inligting aan die publiek en die Gebied Erf- Straatadres Voorstad Naam van aansoeker bekend gemaak kan word. ’n Beswaarmaker kan nommer ECD- sentrum Langa, Malamba Way, Langa versoek dat die Stadsbestuurder sy of haar volle naam, adres en kontakbesonderhede as vertroulik hanteer op grond van goeie Sentraal 169354 Oelandersingel Netreg Cleverland in Netreg Educare- Kennis geskied hiermee dat die Stad Kaapstad, ingevolge die redes. Sodanige versoek moet saam met die beswaar, (uitgesonderd sentrum bepalings van die Wet op Plaaslike Regering: Munisipale kommentaar of vertoë ingedien word. Enige petisie moet aan die (NPO- gemeenskap- nommer: Finansiële Bestuur en die verwante regulasies oor die oordrag die vereistes van artikel 91 van die Stad Kaapstad: Verordening saal) 160-800 van munisipale bates en ingevolge artikel 11.5 van die beleid op Munisipale Beplanning, 2015, voldoen. oor die bestuur van sekere van die Stad Kaapstad se onroerende eiendom, goedgekeur deur die Raad op 27 Augustus 2018, die Inleiding Voorgestelde hersonering, onderverdeling en verhuring van erf 3306 Malamba Way, Langa vir verskeie permanente afwykings gemeenskapsdoeleindes oorweeg. Die Stad Kaapstad oorweeg dit om regte aan bogenoemde ECD- sentrum toe te staan om die erf vir ’n tydperk van twee (2) jaar • Erf 17730, Edgemead, h.v. Greenhill View-weg en en 11 maande te bestuur, beheer en verder te ontwikkel. Erfnommer & area Grootte van Sonering Waarde Edgemead-rylaan, Goodwood perseel
Redes vir die voorgestelde toestaan van regte aan Kennis geskied hiermee ingevolge artikel 81 van die Stad Malamba Way 3306, 822 m² Gemeenskapsone 1 R280 000, BTW uitgesluit, met afslag vir bogenoemde ECD-sentrum Kaapstad Verordening op Munisipale Beplanning, 2015, dat die Langa (CO1) gemeenskaps-/maatskaplikesorg-gebruik, (25% van onderstaande aansoek ontvang is en gedurende kantoorure by markwaarde), beloop R70 000, BTW en oordragkoste a) Die ECD-sentrum voldoen aan die vereistes van ’n die kantoor van die distriksbestuurder, Parow- administratiewe uitgesluit. mededingende beoordelingsproses ten opsigte van gebou, hoek van Voortrekkerweg en Tallentstraat, Parow, ter vaardigheids-/kwalifiseringsvlakke en -programme wat insae beskikbaar is. Reël asseblief ’n afspraak met die die kinders en breër gemeenskap sal bevoordeel. distriksekretaresse,Antoinette Loubser, by 021 444 7843. Die Inligtingsverklaring: b) Die operateur van die ECD-sentrum het bevestig dat d) Die verwagte opbrengs wat die munisipaliteit uit aansoekdokumente kan ook op die volgende skakel besigtig a) Die waardasie van die kapitaalbate wat oorgedra word, hulle die nodige hulpbronne het om toe te sien dat alle die oordrag of verkoop sal ontvang, is die markwaarde (met word: http://www.capetown.gov.za/landuseapplications. word waardeer op R280 000, BTW uitgesluit, met afslag vir infrastruktuur onder hulle beheer bedryf, in stand gemeenskaps-/maatskaplikesorggebruik (25% van afslag vir maatskaplike organisasies), toekomstige gehou en beveilig word soos regtens vereis ingevolge eiendomsbelasting en dienstegeld. Saaknommer: 70526226 markwaarde), beloop dus R70 000, BTW en oordragkoste die fasiliteitsbestuursooreenkomste wat met die Stad Besonderhede van aansoeker of eienaar: Dimitri uitgesluit en die waardasiemetode wat gebruik is om die aangegaan sal word. e) Die voordeel of verlies vir die munisipaliteit voortspruitend Cristallides waarde te bepaal, is 822 m2 x R340/m2 = R280 000 c) Gemeenskappe benodig kontinuïteit ten opsigte van uit die oordrag of verkoop: die Raad sal nie ’n verlies ly nie, Erfnommer(s): 17730 (BTW uitgesluit) (afgerond)) & (prys gebaseer op die dienste wat aan kinders en hul ouers gebied word. maar ’n voordeel by ontvangs van die markwaarde (met Beskrywing en straatadres: Hoek van Greenhill View-weg & beperkende gebruik). Die betrokke eiendom is geleë op ’n Deur die toestaan van die regte word die ECD-sentrum afslag vir maatskaplike organisasies), toekomstige Edgemead-rylaan, Edgemead, Goodwood ligging wat die geskikste is vir residensiële ontwikkeling. nie net in staat gestel om hulle besigheid voort te sit nie, maar Gegewe die grootte, is dit waarskynik dat dit deur ’n eiendomsbelasting en dienstegeld. Die Stad sal ook ook om werksgeleenthede te bied aan gemeenskapslede met voordeel trek uit die verbeterde maatskaplike ontwikkeling Doel van die aansoek: maatskaplike en/of gemeenskap-tipe organisasie (bv. ’n die nodige vaardigheid en vermoë om oor langer tydperke in die in die area. • Hersonering van enkelresidensieel 1 (SR 1) na algemeen kerk) gekoop sal word wat tipies ’n residensieel-verwante ECD-fasiliteit te werk, wat hierdie gemeenskapslede toelaat om residensieel 1 (GR1) om 10 groepbehuisingseenhede toe te prys vir die grond sal betaal. hul lewensbestaan beter te kan beplan. Vir meer besonderhede oor die transaksie, kontak Aphiwe laat. Maddy by 021 400 4889, departement eiendomsbestuur, • Onderverdeling in 10 residensiële gedeeltes en ’n pad. b) Die rede vir die voorstel om die kapitaalbate oor te dra of te Voordele van die voorgestelde toestaan van regte aan tussen 08:30 en 16:00 op weeksdae. Enige • Afwykings van die volgende: verkoop is omdat dit nie benodig word vir die voorsiening die ECD-sentrum kommentaar/besware en alternatiewe voorstelle teen die * Straatboulyn (Edgemead-rylaan): van 5 m tot 1,843 m van die minimum vlak basiese munisipale dienste nie. Vroeëkindontwikkelingsdienste wat in ’n veilige en versorgende voorstel moet voor of op 23 Desember 2020 skriftelik met redes * Straatboulyn (Greenhill View-weg): van 5 m tot 1,659 m omgewing gelewer word, bied gerustheid en steun aan ouers, daarvoor by Aphiwe Maddy, departement eiendomsbestuur, * Gemeenskaplikegrensboulyn (oos): van 3 m tot 2 m c) Die verwagte voordele wat die munisipaliteit uit die wat dan in staat is om aktief aan die ekonomie deel te neem. Posbus 4577, Kaapstad, 8000 ingedien word of per faks by 021 * Maksimum bruto digtheid toegelaat vir groepbehuising oordrag of vervreemding sal ontvang, is ’n finansiële Veral vroue vind baat by veilige en goed bestuurde ECD- 419 5303 of per e-pos by Aphiwe [email protected]. van 35 tot 60 wooneenhede/hektaar. voordeel in die vorm van ’n afslagverkoopprys asook sentrums aangesien dit hulle toelaat om werk te soek en toekomstige eiendomsbelasting en dienstegeld ten opsigte geleenthede in die arbeidsmark te aanvaar. Sluitingsdatum vir beswaar, kommentaar of vertoë: van die eiendom. Enige beswaar, kommentaar of vertoë oor die voorstel, met redes Die oorkoepelende voordeel sal ’n toename wees in die aantal daarvoor, moet op die voorgeskrewe vorm by die volgende e- kinders aan wie toegang gebied word tot geregistreerde ECD- posadres: [email protected] sentrums wat aan veiligheids- en gesondheidsvereistes en aan ingedien word (of skriftelik by die kantoor van die bogenoemde die ontwikkelingsbehoeftes van ’n kind voldoen. Sodoende sal distriksbestuurder), en moet voor of op 4 Februarie 2021 die Stad bydra tot die ontwikkeling van ’n vaste ontvang word. opvoedingsfondament vir kinders om die formele skoolstelsel te begin. Jy kan die voorgeskrewe vorm by die volgende skakel aflaai: http://www.capetown.gov.za/LandUseObjections.