Site Use Agreement
(Food and Beverage Service)
AGREEMENT dated ______day of ______2014
PARTIES:
TAURANGA CITY COUNCIL (“Council”); and
[INSERT FULL NAME OF THE OPERATOR] (“Operator”).
BACKGROUND:
A. Council ran a tender process for the opportunity for operators to occupy a number of car park sites within the road zone on the seaward side of Marine Parade at Mount Maunganui between Grace Avenue and Pacific Avenue in accordance with Council’s Tauranga Street Use and Public Places Bylaw 2013 and its Operation of Mobile Shops Policy 2013.
B. The Operator’s tender was successful and Council has agreed to grant the Operator a licence to occupy the Site on the terms and conditions of this Agreement.
THE PARTIES AGREE:
1. In this Agreement, the following words and phrases have the following meanings:
Word/Phrase / DefinitionLicence Fee / [insert tendered licence fee including the tender deposit / base license fee and ensure the GST inclusive figure stated] (GST inclusive)
Permitted Purpose / A mobile shop selling [Insert description fo the commercial activities/business the Operator is permitted to operate on the Site]
Site / [Insert number of carparks applied for in tender application] adjacent car parking spaces within the car park area of the road zone on the seaward side of Marine Parade at Mount Maunganui between Grace Avenue and Pacific Avenue as more particularly marked on the aerial photograph attached as a Schedule to this Agreement.
Term / From 26 December 2014 to and including 6 February 2015.
Times of Operation / Sunrise to sunset.
2. Council grants the Operator a licence to occupy the Site during the Times of Operation for the duration of the Term (“the Licence”) unless terminated earlier in accordance with this Agreement.
3. The Operator shall pay Council the Licence Fee before commencing operations on the Site.
4. The Operator shall not use the Site for any purposes other than the Permitted Purpose.
5. The Operator shall not trade on the Site outside of the Times of Operation. The Operator must remove all of its equipment, vehicles and other property from the Site at the close of operations each day.
6. Council will from time to time approve the use of the Site and surrounding area for special occasions or events. Council reserves the right to suspend the Licence for the duration of such special occasions or events. Council accepts no liability for any financial or other loss as a consequence of the suspension or for approving the use of such areas (including the Site) for special occasions or events. The Licence will be suspended on New Year’s Eve from 00:01 to 24:00 hours and prior to and during the Port of Tauranga Half Ironman scheduled for the 10th January 2015) unless the Operator obtains the approval of the manager of the relevant event to use the Site during that time.
7. The Operator must hold and maintain for the duration of the Term a current mobile shop licence issued by Council.
8. The Operator shall comply with all relevant statutory obligations and requirements, including, without limitation, health and safety legislation and Council’s City Plan.
9. If the Operator will be selling food (other than fruit, vegetables, eggs or produce prepared and packaged in registered premises and sold in the packaging), the Operator must hold a current Certificate of Registration issued for the mobile shop under the Food Hygiene Regulations 1974.
10. The Operator shall ensure that equipment (e.g. electrical and gas) used by the Operator has been inspected and determined by the appropriate authority/regulatory body/entity to meet the required health and safety and any other relevant regulatory standards/requirements.
11. The Operator shall use and maintain the Site in a fit and proper manner and keep the Site clean and tidy and free of all rubbish. All waste must be collected and removed at the end of each day of operations and where necessary during the day. Waste/refuse or any other material must not be stored on the road/car park area or outside the Operator’s vehicle/stall. The Operator is not to discharge any liquid or other waste on to the Site or into stormwater drains or the surrounding vicinity.
12. The Operator shall comply with all requests made by Council in relation to the Operator’s use of the Site.
13. The Operator is not to occupy or impact on any more than the number of car park spaces allocated to the Operator as noted under the “Site” definition.
14. If the Operator’s operations on the Site results in an increase in traffic, parking, congestion or noise that in Council’s opinion aversely impacts on the environment, the Operator shall comply with any direction given by Council to relocate to a different site/location.
15. The Operator must use the power supply provided at the kerbside by Council and pay the appropriate fees (if required) and if a generator is to be used the noise level running under load must not be excessive.
16. The Operator may display on the Site a sandwich board sign or flags. The Operator must not display signs and flags on the boardwalk or grass reserve area.
17. All goods must be sold directly from the Operator’s mobile shop.
18. The Operator’s mobile shop must at all times while on the Site be visually presentable to mitigate any adverse effects on the amenities of the area, and not cause disturbance to the area.
19. The Operator shall not erect any structures on the Site.
20. The Operator must not set up tables and chairs on the site.
21. The Operator must ensure that it does not cause damage to the road/car park surface, road berm and verges. The Operator shall be liable for and shall indemnify Council for the cost of repair for any damage caused due to the Operator’s use of the Site.
22. The use of any amplified sound/radio/stereo must be kept to a level where it does not have an adverse impact.
23. The Operator uses the Site entirely at its own risk. To the extent permitted by law, Council shall not be liable to the Operator for any loss or damage (including, without limitation, direct, indirect, consequential or special losses, or loss of trade/profit) suffered by the Operator however arising, including, without limitation:
· any loss, theft or damage to the Operator’s vehicles, trailers, equipment or other property; and
· any losses caused by act of God (including, without limitation, natural disasters and whether-related incidents), road closures for special occasions or events, an accident or other incident, or by the actions of another third party (including an operator/trader who acts in competition with the Operator whether or not that operator/trader has been granted approval to operate by Council).
24. The Operator shall maintain public liability insurance for $1,000,000 (one million dollars) for any one occurrence or in aggregate of any one occurrence for the duration of the Term and shall provide to Council upon request a certificate from its insurer evidencing this.
25. The Operator indemnifies Council for all claims, costs (including on a lawyer-client basis), losses and damages for injury or damage to any person or property arising out of or as a consequence of the Operator’s use of the Site.
26. The Operator shall not assign, transfer or sub-let the Licence or share the Site with another operator without the prior consent of the Council.
27. The Council may immediately terminate the Licence at any time in the event of a breach of any condition of this Agreement by the Operator. The Operator shall not be entitled to reimbursement of any portion of the Licence Fee.
EXECUTION
Signature
______
Name
______
Position
______
Date
Signed for and on behalf of the Operator by its duly authorised officer*:
By signing this the Operator also agrees to the Council conducting a criminal record/police check
* use if Operator is a company or other registered entity / ______
Signature
______
Name
______
Position
______
Date
Signed by the Operator in the presence of a witness:**
By signing this the Operator also agrees to the Council conducting a criminal record/police check
** use if Operator is an individual (i.e. not operating under a company/other entity)
Witness:
______
Signature
______
Full Name
______
Occupation
______
Town/city of residence / ______
Operator’s Signature
______
Operator’s Name
______
Date
[NB: ATTACH an aerial photograph with the Site marked and write “Schedule” at top of page]
Page 2 TCC Ref: A5726231