Commercial Hire Site - Application for the use of Local Government Property

TERMS & CONDITIONS FOR USE/HIRE OF LOCAL GOVERNMENT PROPERTY

SCHEDULE

TERMS & CONDITIONS FOR USE/HIRE OF LOCAL GOVERNMENT PROPERTY

(Clause 3.3(1)(a) of the City of Busselton Local Government Property Local Law)

1. The City of Busselton (City) hereby grants the Permit Holder the use of the Premises for the duration of this Permit for the Permitted Use subject to the terms and conditions of this Permit.
2. The Permit Holder will at its risk and cost undertake the Permitted Use safely and in a proper and workmanlike manner.
3. The Permit Holder is not permitted to operate outside the Premises or outside the days and times specified in this Permit.
4. The Permit Holder may not use the Premises for anything else than the Permitted Use and in particular must not sell, hire, trade, display, advertise or otherwise dispose of anything from or at the Premises other than the goods or services as described in this Permit.
5. The Permit Holder must comply with each law relating to the Premises or the use of the Premises and must obtain all consents, licenses and authorisations required by the Permit Holder for the Permitted Use.
6. The Permit Holder accepts the Premises subject to any existing prohibition or restriction on the use of the Premises. The City gives no warranty that the Premises is fit or suitable for the Permitted Use or that the City or any other authority or agency will issue any consents, approvals, authorisations, permits or licences required by the Permit Holder under any law, regulation, by-law or local law for its use of the Premises.
7. The rights conferred on the Permit Holder in terms of this Permit are in contract only and does not create or confer on the Permit Holder any estate or interest whatsoever in or to the Premises or any right to exclusive use or possession.
8. The Permit Holder must pay to the City prior to the commencement date of this Permit, the Application Fee, Fee for Use of the Premises and all other fees and charges payable in relation to this Permit as determined by the City from time to time.
9. The Permit Holder must pay on demand to the City all charges for services to the Premises which is payable by the Permit Holder.
10. The Permit Holder must keep and display this Permit on the Premises at all times of operation.
11. The Permit Holder must not cause a nuisance or become a disturbance or annoyance to the public at large or other business operators.
12. The Permit Holder must not unreasonably restrict or interfere with the use of the Premises or the land in the vicinity of the Premises by the public at large.
13. The Permit Holder may not to do or suffer anything to be done whereby any policy of insurance in respect of the Premises may become void or voidable or whereby the rate or premium on any policy of insurance in respect of the Premises may be increased.
14. The Permit Holder must, if it is a requirement under this Permit, at their cost effect and keep in force for the duration of this Permit:

1. a public liability insurance, acceptable to the City, in respect of the Premises and the Permit Holder’s use of the Premises for an amount not less than the amount specified in the Permit; and
2. workers’ compensation and employer’s indemnity insurance, acceptable to the City, in respect of the Permit Holder’s employees [if any],

and produce to the City on request, or in any event prior to the commencement date of this Permit, a certificate of currency of such insurances.

15. All risk in relation to the use of the Premises and conducting of the Permitted Use remains with the Permit Holder.
16. The Permit Holder indemnifies and covenants and agrees to keep the indemnified:

1. the City, it officials and employees; and
2. if the Premises is on Crown Land, the Minister for Lands [a body corporate under section 7 of the Land Administration Act 1997],

[Indemnified Persons]

from and against all claims, demands, writs, summonses, actions, suits, proceedings, judgments, orders, decrees, damages, costs, losses and expenses of any nature whatsoever which the Indemnified Persons may suffer or incur in connection with loss of life, personal injury or damage to property arising from the conducting of the Permitted Use or out of any occurrence in, upon or at the Premises or the use by the Permit Holder of the Premises or to the property of any person using or entering or near the Premises or occasioned (wherever it may occur) wholly or in part by any act, neglect, default or omission of the Permit Holder, its employees, agents, contractors, volunteers, customers, members or any other person or persons using or upon the Premises with the Permit Holder’s consent or approval whether expressed or implied.

17. This Permit may not be assigned or transferred without the prior written consent of the City, which consent the City may in its sole discretion grant or refuse.
18. The City through its employees, contractors or agents shall at all times have access to and enter the Premises for purposes of:

1. Inspecting the Premises to ascertain whether the obligations of the Permit Holder under this Permit are being performed and observed;
2. Undertaking works or maintaining the Premises or the City’s property; and
3. Carrying out the observance or performance of any covenant, condition or obligation of this Permit which the Permit Holder failed to observe.

19. Other than for the delivery of goods and equipment, the Permit Holder is not to restrict public parking by parking vehicles or keeping equipment at or in the immediate area of the Premises.
20. Unless the City’s prior written approval has been obtained, the Permit Holder must not drive or permit to be driven any vehicle to or from the Premise by any means other than the vehicular access ways provided by the City.
21. The Permit Holder must not without the prior written consent of the City and from any other person from whom consent or approval is required:

1. erect, set up or place any structure on the Premises;
2. make or allow to be made any alteration, addition or improvements to the Premises; or
3. tamper, interfere, alter or modify any electrical, water, sewerage, gas, telecoms or other service connection to or on the Premises.

22. Unless the City’s prior written approval has been obtained, the Permit Holder must not affix, exhibit or permit to be affixed or exhibited upon any part of the Premises or adjacent land any placard, sign, poster, hoarding or advertisement.
23. The Permit Holder must for so long as the Permit Holder uses the Premises or remains in possession or occupation, at its cost and risk promptly maintain, repair, clean and keep the Premises at all times in good repair and neat and tidy to a standard acceptable to the City.
24. The Permit Holder must promptly report to the City any damage to or accident at the Premises.
25. It is the Permit Holder’s responsibility to ensure that the Premises are kept safe, secure and protected against theft and all doors, windows and other openings are locked or securely shut whenever the Premises is unoccupied.
26. The Permit Holder must not cause or permit any contamination, pollution or environmental harm to occur on or under the Premises.
27. If any contamination, pollution or environmental harm is caused by the Permit Holder, its employees, agents, contractors, volunteers, customers, members or any other person using or upon the Premises with the Permit Holder’s consent or approval, whether expressed or implied, the Permit Holder must promptly:

1. give notice of it as soon as practicable to the City and the Permit Holder; and
2. at the Permit Holder’s cost and risk do all things necessary to minimise and remediate any resultant damage and harm to the reasonable satisfaction of the City and any governmental agency.

28. The Permit Holder must immediately upon the expiry or cancellation of this Permit (whichever occurs earlier):

1. peacefully vacate the Premises and surrender and return to the City the Premises;
2. remove from the Premises all things brought on to the Premises by the Permit Holder; and
3. leave the Premises in good order and condition and to make good any damage done to the Premises.

29. The Permit Holder must pay to the City on demand all legal costs, charges and expenses for which the City may become liable in consequence of or in connection with any default by the Permit Holder in observing or performing any of the Permit Holder’s covenants or obligations, expressed or implied, in this Permit.
30. The City may apply any security provided by the Permit Holder pursuant to this Permit towards the cost of complying with the Permit Holder’s obligations or paying for any arrears, loss, damage and/or cost incurred by or on behalf of the City in rectifying any default by the Permit Holder in observing or performing any of the Permit Holder’s covenants or obligations, expressed or implied, under this Permit.
31. The City may, without prejudice to any of its rights, immediately cancel this Permit if:

1. The Permit Holder commits a substantial breach of this Permit or the terms and conditions thereunder; or
2. If the Premises is damaged or destroyed to such an extent that it is unfit for conducting the Permitted Use.

32. If this Permit is cancelled by the City due to a substantial breach by the Permit Holder, the Permit Holder will not be entitled to a refund of any fees or charges.
33. Unless the contrary intention appears:

1. words and expressions in this Terms and Conditions have the same meaning as corresponding words and expression used in this Permit the associated Application for Permit;
2. words denoting the singular include the plural and vice versa;
3. words denoting a gender include each gender; and
4. Reference to a person includes a natural person, partnership, joint venture, association, or corporation and a government or any governmental, local authorities and agencies.

34. Failure to exercise or delay in exercising a right, power or privilege under this Permit by the City does not operate as a waiver of that right, power or privilege.
35. The Permit Holder:

1. must not represent itself; and
2. must ensure its employees, agents, contractors, volunteers, customers and members,

do not represent themselves, as being the City or sub-contractors, employees or agents of the City.

36. Nothing in this Permit may be construed to make the City or the Permit Holder a partner, agent, employee or joint-ventures of the other.
37. The Permit Holder agrees that nothing in this Permit constitutes an endorsement by the City of the Permitted Use or any goods or services provided by the Permit Holder.
38. Unless the City gives its prior written consent or the Permit Holder is required by law to do so, the  Permit Holder  must  not: 

1. use the City’s logo; or
2. make any public statements concerning the terms of this Permit or any negotiations in relation thereto.

39. The Permit Holder accepts the Special Conditions (if any) under which this Permit has been approved.
40. If any part of these Terms and Conditions is or becomes void or unenforceable, that part is or will be severed from this Permit to the intent that all parts that are not or do not become void or unenforceable remain in full force and effect and are unaffected by that severance.
41. In the event of a conflict or inconsistency between the documents that constitute this Permit, the precedence of documents the documents that form this Permit shall be as follows [in descending order]:

1. City letter of grant of Permit (if any).
2. The main body of this Permit - i.e:
   1. Months, Days and Operating Time;
   2. Premises;
   3. Permitted Use;
   4. Signage; and
   5. Special Conditions and other information.
3. The terms and conditions in this Schedule.
4. The Application for Permit in relation to this Permit.

SPECIAL CONDITIONS & OTHER INFORMATION (IF APPLICABLE)

Please Note:

1. Commercial Hire Site Permits are issued pursuant to clause 3.3(2) of the ‘City of Busselton Local Government Property Local Law 2010’, and in line with the City’s ‘Commercial Use of City Land and Facilities Policy’. For more details on either, please visit:
   www.busselton.wa.gov.au/documents/1892/property-local-law-2010
   www.busselton.wa.gov.au/documents/91/commercial-use-of-city-land-and-facilities

2. Permits will be issued to an operator for a fixed location agreed upon with the City and the operator and permit holders cannot (without approval) move from that general agreed location.
3. Permit operators, under the permit conditions, are granted the use of the location which is non-exclusive.
4. Permit holders may be asked to vacate the location for other City approved events or works with prior notice being provided. Please refer to the City’s Calendar of Events: www.busselton.wa.gov.au/events