Southside Community Services Inc

Transcription

1 Long-term Venue / Hall Hire Agreement between: PO Box 7, Narrabundah ACT 2604 ABN: and... (Organisation Name) of:... (organisation address) ABN:... (organisation ABN) For hire of:... (room) In... (venue name)... for the term of 12 months commencing on:...(start date) and ending on...(end date) Purpose / permitted use:... Not-for-Profit / Community Organisations/Groups: Incorporation Number (if applicable):... To be eligible for the Not-for Profit (or PBI) rate, the hirer MUST also provide a copy of the ATO certificate supporting this status. Insurance: Public Liability Insurance Company Name:... Public Liability Insurance Policy Number:... Amount of Cover:... (Please ensure a copy of your Current Public Liability Insurance is provided) Long-term Hire Agreement July 2012 Page 1

2 Costs per month (plus GST) payable in advance and within 7 days of date of invoice: Rent / Hire Fee......$ Other Fee......$ Other Fee......$ Payment to be made by:.....cash....cheque....direct Deposit (Please tick) ************************************* Hirer Contact Name:... Hirer Home Address (for emergency purposes): Phone (bh):... Phone (ah):... Fax:... Mobile: Web:... ************************************* Signed for and on behalf of Authorised Representative:... (Name) Signature:...Date:... Witness Name:... Witness Signature...Date:... DECLARATION: I... (Name) as the Authorised Representative of......, (Organisation) have read the Hire Agreement as follows and agree to all the terms and conditions of hire as described and to pay all fees as quoted. ********* SIGNEE is responsible for CONDITIONS OF HIRE and provides Guarantee as required in this agreement ********** Signature:...Date:... Witness Name:... Witness Signature...Date:... Long-term Hire Agreement July 2012 Page 2

3 Long-term Hire Agreement Terms, Conditions & Rules of Hire Effective 1 st September 2012 ALL HIRER are required to sign a Tenancy/Hire Agreement with (ABN ) 1. INTERPRETATION: In this Agreement 1.1 The premises is all that buildings and area located at the designated venue (page 1) and includes any fixtures, fittings, furnishings, plant, equipment and chattels owned by Southside Community Services Inc in or at any time installed in the premises. 1.2 The Hirer includes the Hirers successors and permitted assigns and, where the context permits, includes the Hirers servants, agents, contractors and invitees. 1.3 includes the Directors, their successors and assigns and, where the context permits includes their contractors, employees and agents. 1.4 Words importing the singular number include the plural, and the masculine gender includes the feminine or neuter genders and vice versa, and a reference to a person shall include a corporation. 1.5 Any covenant or agreement on the part of two or more persons shall bind them jointly and severally. 1.6 Any requirement for written notice shall be deemed to include any notice sent by or facsimile. 2 USE: The Hirer must:- 2.1 Use the Hired space only for the purpose stated on page 1 of this Tenancy/Hire Agreement and not for any other purpose, unless otherwise agreed in writing with Southside Community Services Inc 2.2 Keep the Hired space clean and dispose of waste properly. Failure to remove waste will result in an extra fee being charged (minimum $50 per occurrence). Failure to maintain Hired space in a clean condition will result in an extra fee being charged (minimum $100 per occurrence). 2.3 Comply with all laws relating to strata schemes and all other laws regulating how the Hired space is used 2.4 Obtain any consents or licences needed (including any ACT Government regulations & licences) 2.5 Comply with any conditions or for the conduct of the Hirer s business there 2.6 Given the Hired space is a shared facility the Hirer may: use the common Hired space only in connection with their (the Hirer s) permitted use; co-operate with all other permitted users of the venue comply with Australian Capital Territory Leases (Commercial and Retail) Act 2001 ( LCRA ) 1 July 2002 and the by laws and all lawful orders, motions and directives under this Act as may be applicable to the exercise of the Hirer s rights and obligations under this Agreement The Hirer must not:- 2.7 Do anything that might invalidate any insurance policy covering the Hired space or that might increase the premium unless consents in which case the Hirer must pay the increased premium; or 2.8 Use any part of the Venue or it s surrounds as a residence or for any activity that is dangerous, offensive, noxious, illegal or that is or may become a nuisance or annoyance to Southside Community Services Inc or to the occupier of any neighbouring Hired space; or 2.9 Hold any auction, bankrupt or fire sale in the Hired space without prior permission/consent in writing from ; or 2.10 Display signs or advertisements on the outside of the Hired space, or that can be seen from the outside, without prior permission/consent from. However, cannot withhold consent unreasonably 2.11 Overload the floors or walls of the Hired space; or 2.12 Without the prior written consent of, use the common areas for any purpose other than for access to and egress from the agreed Hired space without prior permission/consent in writing from ; or 2.13 Do or suffer to be done in or near the premises anything which might annoy or disturb other occupiers of the premises nor which might annoy or disturb the occupiers of other nearby premises can consent to a change of use and cannot withhold consent unreasonably Long-term Hire Agreement July 2012 Page 3

4 3 ACCESS 3.1 The Hirer must give (or anyone authorised in writing by ) access to the Hired space at any reasonable time for the purpose of inspecting the condition of the Hired space, or how it is being used; or doing anything that can or must do under this Agreement or must do by law; or viewing the Hired space as a valuer, prospective buyer or mortgagee; or; fixing a notice in a reasonable position on the outside of the Hired space saying that it is for sale; or viewing the Hired space as a prospective Hirer not earlier than 4 weeks before the Agreement period ends fixing a notice not earlier than 4 weeks before the Agreement period ends in a reasonable position on the outside of the Hired space saying that it is to let; or inspecting, cleaning or repairing another Hired space or any services to another Hired space 3.2 must generally give the Hirer at least 2 days written notice for access (except in an emergency). The day of the giving of the notice and any Saturday, Sunday or public holiday on which the Hired space is not open for business are not counted. 3.3 must promptly make good any damage caused to the Hired space and to any of the Hirer s belongings which results from exercising these rights 3.4 The Hirer must give to a copy of any notice relating to the Hired space or relating to any neighbouring Hired space immediately after receiving the notice 4 CONDITION AND REPAIRS must:- 4.1 maintain in a state of good condition and serviceable repair the roof, the ceiling, the external walls and external doors and associated door jambs, and the floor of the Hired space and must fix the structural defects; 4.2 maintain the Hired space in a structurally sound condition and; 4.3 maintain essential services The Hirer must: 4.1 Reimburse for the cost of fixing structural damage caused by the Hirer, apart from fair wear and tear; 4.2 Meet the cost of all damage to the common Hired space occasioned by the Hirer or any invitee or licensee of the Hirer and; 4.3 Permit, temporarily, to close any part of the common Hired space for the purpose of making and effecting repairs to it. 4.4 The Hirer must not make any structural alterations to the Hired space. Any other alterations require the consent in writing of however, Southside Community Services Inc cannot withhold consent unreasonably 5.0 SECURITY DEPOSIT: 5.1 Upon the signing of this deed the Lessee (Hirer) will pay to the Lessor (Southside Community Services Inc) a security deposit in the amount of two months rent. 5.2 The security deposit shall not be deemed as advance payment, however Southside Community Services Inc is entitled to deduct from the security deposit any monies owed to Southside Community Services Inc for services provided and not otherwise paid for by the Hirer. 5.3 At the expiration or sooner determination of this Agreement shall be entitled to deduct from that deposit, or apply that deposit in or towards satisfaction of any amount that may be or become payable by the Hirer to pursuant in the provisions of this Agreement. 5.4 Any such deduction shall not be deemed to waive any breach by the Hirer of this Agreement. 5.5 Any remaining balance of the security deposit after deductions described above shall be returned to the Hirer upon their request. If the Hirer fails to request the refund of the security deposit within one (1) year after the date of termination of this agreement, the security deposit shall be deemed forfeited to absolutely. 6.0 HIRE FEE: 6.1 The Hire fee shall be paid monthly in advance on presentation of invoice. In respect of any broken period a pro-rata adjustment shall be made. 6.2 The Hirer will pay the Hire fee punctually on the due date and will not withhold or be entitled to withhold any part of such payment by way of deduction, off-set or counterclaim in respect of any claim for damages or for compensation which the Hirer might at any time have against Southside Community Services Inc. Long-term Hire Agreement July 2012 Page 4

5 6.3 retains the prerogative to increase rent and other fees on an annual basis in line with national CPI. 6.4 The Hire fee and all other moneys payable by and on behalf of the Hirer under this Agreement are exclusive of Goods and Services Tax (GST) or like impost. 6.5 Liability for GST (payable in respect of any taxable supply) is additional. It is payable by the Hirer to at the same time as rent and other moneys are payable. 6.6 There are two levels of fees a Not-for Profit (or PBI) rate and private/corporate rate. 6.7 To be eligible for the Not-for Profit (or PBI) rate, the hirer MUST provide a copy of the ATO certificate supporting this status. 7.0 FEES & CHARGES 7.1 The Hirer agrees to pay to on presentation of Invoice all or some of the following costs as agreed being: Hire of Venue / Room Space Extra Cleaning (if required) Garbage removal (if required) 8.0 SERVICES: 8.1 Any services provided by may vary at Southside Community Services Inc s absolute discretion during the term of the Agreement and shall be provided during normal business hours. 8.2 All extra services are to be paid within 7 days of date of invoice. 8.3 During the term of the agreement, should the level of service not meet the Hirers expectations, the Hirer is encouraged to contact who agree to respond within five working days. 9.0 INVOICES: 9.1 Invoices shall be processed and distributed monthly and are to be paid within 7 days of date of invoice. 9.2 Invoices will be distributed by , post or hand as agreed between Southside Community Services Inc and the Hirer. 9.3 Should payment not be received by the 7 th day following date of invoice, for any reason, at their absolute discretion, may request a security deposit if late payment occurs and/or suspend or terminate all services. 9.4 Any monies owing to for more than 30 days shall bear an administrative fee at a rate of 10% per month until payment. In this case, the Hirer will pay all bank fees GST 10.1 All monies payable by the Hirer under or in relation to this Agreement are subject to Goods and Services Tax Therefore, in addition to those monies, the Hirer will pay to (as and when those monies fall due for payment or are paid) the amount of the GST which is or will become liable to pay in respect of any taxable supply made by under or in relation to this Agreement 11.0 INCREASES: 11.1 The Hirer shall pay during the term of this Agreement all charges for services rendered at the rates stipulated and documented by at its absolute discretion. The Hirer agrees that reserves the right to change, or vary the charges for such services upon giving one month s notice in writing of such change, and such new charges will provide the Hirer not less than fourteen (14) days written notice of any increase to services charges NOTICE: 12.1 Any notice given by or the Hirer to the other of them shall be sufficiently given in writing (signed, if given by a company, by a director or secretary of the company) and served on that other personality or left at or sent by prepaid post to the residential, or to a business, address of that other last known to the party giving the notice A notice served by post shall be deemed to be served 48 hours after it is posted INSURANCE AND DAMAGE The Hirer must keep current an insurance policy overseeing: Liability to the public in an amount not less than $10,000,000 AU (for each accident or event) and; 13.1 This policy to note and the building owners as Interested Parties Long-term Hire Agreement July 2012 Page 5

6 13.2 Damage or destruction from any cause to all plate glass in the windows and other portions of the Hired space if applicable and; 13.3 Must produce to a copy of the policy and receipt for the last premium upon commencement of occupancy and annually on renewal of Hirer s Insurance, 13.4 If the Hired space or the building of which it is part of is damaged (a term which includes destroyed) - the Hirer is not liable to pay rent, or any amounts payable to Southside Community Services Inc in respect of outgoings and other charges, that is attributable to any period during which the Hired space cannot be used under this Agreement or is inaccessible due to that damage; 13.5 If the Hired space is still useable under this Agreement but its useability is diminished due to the damage, the Hirer s liability for hire fees and any amount in respect of outgoings attributable to any period during which useability is reduced in proportion to the reduction of useability caused by the damage; 13.6 If notifies the Hirer in writing that Southside Community Services Inc considers the damage is such as to make its repair impracticable or undesirable, or the Hirer can terminate this Agreement by giving not less then 7 days notice in writing of termination to the other and no compensation is payable in respect of that termination; 13.7 If fails to repair the damage within a reasonable time after the Hirer requests to do so, the Hirer can terminate this Agreement by giving not less then 7 days notice in writing of termination to Southside Community Services Inc ; and 13.8 Nothing in this clause affects any right of to recover damages from the Hirer in respect of any damage or destruction to which the clause applies INDEMNITY CLAUSE: 14.0 The Building Owners and shall be expressly indemnified against any loss, damage, corruption of data or any loss of information from hardware, software, mechanical, Internet damage or any errors by Hirers, 14.1 The Hirer guarantees that it will not use the premises for any immoral or illegal purposes FORFEITURE AND END OF AGREEMENT 15.1 This Agreement ends On the date stated on page one of the Agreement; or If lawfully enters and takes possession of any part of the Hired space; or If lawfully demands possession of the Hired space 15.2 can enter and take possession of the Hired space, or demand possession of the Hired space if: The Hirer has repudiated this Agreement; or Rent or any other money due under this Agreement is 14 days overdue for payment; or The Hirer has failed to comply with a notice under or The Hirer has not complied with any term of this Agreement where a notice is not required and has given at least 14 days written notice of s intention to end this Agreement When this Agreement ends, unless the Hirer becomes a Hirer of the Hired space under a new Agreement the Hirer must: return the Hired space to in the state and condition that this Agreement requires the Hirer to keep it in; and have removed any goods and anything that the Hirer fixed to the Hired space and have made good any damage caused by the removal have removed any and all signage connected with their use of the Hired space fixed to any part of the buildings and have made good any damage caused by the removal 15.4 Anything not removed within thirty (30) days from the termination of the tenancy becomes the property of who can keep it or remove and dispose of it and charge to the Hirer the cost of removal, making good any disposal If allows the Hirer to continue to occupy the Hired space after the end of the Agreement period (other than under a new Agreement) then: 15.6 The Hirer becomes a monthly Hirer and must go on paying the same rent and other money in the same way that the Hirer had to do under this Agreement just before the Agreement period ended (apportioned and payable monthly) or as agreed between the parties; 15.7 The monthly Hire will be on the same terms and conditions as are contained in this Agreement so far as they can be applied 15.8 The Hire can be terminated by one month s written notice given by either party and expiring on any day. Long-term Hire Agreement July 2012 Page 6

7 15.9 Either or the Hirer can end the monthly Hire by giving at any time 1 month written notice to the other expiring on any date; and Anything that the Hirer must do by the end of this Agreement must be done by the end of the monthly hire period 16.0 STORAGE 16.1 The storage of any goods or items on either a permanent or semi-permanent basis, must be negotiated with and will incur a storage fee which will be added to the Hirer s invoice Any such agreement providing storage space to a Hirer MUST be agreed to in writing and is subject to all other terms & conditions of this Hire Agreement SOUTHSIDE COMMUNITY SERVICES INC 17.1 Reserves the right to: Change conditions of Hire Deny access to any individual or Organisation (its members and/or staff) To terminate any agreement, with any individual or organisation (its members and/or staff) at any time In the event of any dispute or difference arising as to the interpretation of conditions contained in this agreement, the decision of the Executive Director of shall be final ESSENTIAL TERMS of this Agreement include: 18.1 The obligation to pay rent not later than 14 days after the due date for payment of each periodic instalment (and this obligation stays essential even if, from time to time, accepted late payment) 18.2 The obligation to pay all outgoings as agreed 18.3 The obligation to refrain from using the premises other than as permitted in this agreement 18.4 The obligation dealing with repairs 18.5 The obligation dealing with GST Long-term Hire Agreement July 2012 Page 7

8 19 RULES 19.1 HIRER REPRESENTATIVES MUST: Recognise the multi-use / multi-tenanted aspect of the Venue and the sharing of facilities Ensure activities do not intrude on other Hirer, staff and/or surrounding businesses/residents Inform of any safety problems/hazards and ensure safe work practices Ensure all windows, doors and gates are locked and that all relevant alarms are activated Accept ultimate responsibility for the security of their equipment, supplies and possessions and those of their guests/visitors/clients/customers Ensure all fees & charges are paid monthly and within 14 days of date of Invoice that will be forwarded by / post / in person Recognise that as the premises forms part of a building that has shared areas and shared equipment, fixtures and fittings in those areas, may from time to time promulgate Rules relating to the and such shared facilities not inconsistent with the rights of the Hirer under this Agreement relating to The use, safety, care and cleanliness of the agreed area/s, equipment, fixtures and fittings; Access to the premises outside all normal business hours: and The affixing of items to walls, ceiling or floor of premises And upon giving to the Hirer written notice thereof such Rules shall bind the Hirer as if they were set out in this Agreement and were the subject of an express convent herein by the Hirer to observe them CONDUCT Hirer is responsible for the conduct of each and every person in attendance at their function / event / activity conducted therein and in or around the Venue facility and for the maintenance and preservation of goodwill generally Children must be supervised at all times by a responsible adult and the Venue will not tolerate disorderly or offensive behaviour EMERGENCY PROCEDURES In case of emergencies (fire, bomb threat, etc), the Hirer agrees to act in accordance with Southside Community Services Staff as directed / Emergency rules and Procedures and provided by and agree to ensure that their guests/visitors/clients/customers also follow such direction in these circumstances It is the responsibility of the Hirer to ensure any privately owned electrical equipment has suitable electrical surge and overload protections There must be no connection of or interference with the electrical installation or any other electrical property without the written permission of Exit doors, gateways and driveway to be kept clear at all times Please refer to Emergency Procedures as provided and as shown throughout the Venue does NOT assume responsibility for any belongings left on the premises PARKING, NOISE & SURROUNDING BUSINESSES / RESIDENTS Noise must be no louder than an acceptable level according to law (not exceed background noise level by more than 5dB (A) between 7:00am and 12:00am. No amplified noise after 12 midnights Hirer must respect other Hirers and neighbours and encourage guests/visitors/clients/customers to leave quietly All access and egress points MUST be kept clear at all times. Vehicles should not obstruct access to this or any other driveways in the vicinity DAMAGE AND BREAKAGES The Hirer is responsible for the full replacement costs of any breakages or damages to the building, its fittings and contents and the surrounds that are caused by themselves, staff, or their guests/visitors/clients/customers Any and all breakages to the building its fittings and contents and or any furniture or equipment supplied by. must be reported to as soon as possible Hirer must advise if the fire extinguishers have been used in any way. If equipment is used in an irresponsible manner, the cost of inspection and replenishing will be added to the Hirer s monthly account. Long-term Hire Agreement July 2012 Page 8

9 19.6 BUILDING TERMS Tables, chairs and other equipment are available for Hirers. These resources must NOT be removed from the allocated area without prior agreement with Southside Community Services Inc The Venue provides a kitchen facility with some limited equipment, crockery, cutlery, and limited utensils and other kitchen equipment for Hirer use. Hirers are to respect this and ensure that all such equipment, crockery and cutlery used is thoroughly washed and neatly put away following use Kitchen equipment, crockery and/or utensils are NOT to be removed from the venue without prior written agreement from Toilets are to be maintained in a clean and functioning manner No animals are allowed within any premises without prior approval of Southside Community Services Inc. Exemptions apply to guide and hearing dogs No bicycles, roller skates, blades, skateboards, football or soccer boots are permitted to be worn, ridden or used within any building Electrical equipment brought into the Venue MUST comply with Government standards Hirer advertising must not imply or represent that the views of that particular Hirer are those of the Venue,, nor of any other Tenants/Hirers within the facility CLEANING Preparation of food is only allowed in the designated kitchen area/s No food or drink should be left in office areas / rooms Each Hirer is responsible for the cleaning and maintenance of all furniture and equipment in their area of hire Each Hirer may accept responsibility for cleaning the floors in their area/s or may request Venue to do so at the agreed fee All rubbish is to be is to be removed by Hirer. Failure to do so will result in an extra fee being charged (minimum $50 per occurrence) A cleaning fee (minimum $100 per occurrence) will be incurred if the hired areas are not left in a satisfactory condition as determined by SECURITY The Venue features a 24-hour remote monitored security system, comprising alarms and regular security patrols (particularly overnight, weekends and during public holiday periods) Tenants/Hirers may be required to arm and disarm the Venue security alarm. Where this is necessary, the Hirer will be provided with an access code and alarm operation guide Fire/Police/Ambulance emergencies only dial After Hours / Emergency Contact (to be used for after-hours problems or emergency only) Chubb Security: and provide the following information (which is located on the Emergency Procedures forms in each room); Name of the building; Street address; Nearest cross road; 19.9 SMOKING OR DRUGS No illicit or illegal drugs are permitted on the premises The Venue buildings and enclosed areas are a non-smoking environment this includes the area in the immediate vicinity of the building/s and courtyards etc DECORATIONS / DISPLAYS / SIGNAGE The removal of all decorations/displays/signage is required prior to vacation of premises and all leased / hired areas are to be restored to as new condition The Hirer will be accountable for any damage caused to the premises by the placement or removal of decorations/displays/signage, and any fixtures, fittings etc that they have affixed in any way to the premises REFERRAL: For every successful long-term (6 months or more) referral, Southside Community Services Inc will by way of showing appreciation, offer to the referring Hirer a 25% discount of their space rental for one month following commencement of the new Hire. Long-term Hire Agreement July 2012 Page 9