To Committee Members - Renmark Paringa Council Committee Agenda 2 November 2016 To Committee Members Notice is hereby given pursuant to Section 87 of the Local Government Act that

Lease Committee Agenda 2 November 2016

To Committee Members Notice is hereby given pursuant to Section 87 of the Local Government Act that the next Lease Committee meeting is to be held at the Community and Civic Centre, Eighteenth Street, Renmark on Wednesday 2 November 2016 commencing at 4pm. Welcome to Country (Acknowledgement of Country) “I would like to acknowledge and pay respect to the First Peoples of the River Murray and Mallee region who are the traditional custodians of this land on which we meet.” 1. OPENING BY THE CHAIR Page Number

2. PRESENT 3. APOLOGIES –

4. CONFLICT OF INTEREST

Elected members are required to:

1. Consider Section 73 and 75 of the Local Government Act 1999 and

determine whether they have a material, actual or perceived conflict of

interest in any matter to be considered in this Agenda, and

2. Disclose these interests in accordance with the requirements of

Sections 74 and 75A of the Local Government Act 1999 on the

approved form.

5. DEPUTATIONS

6. CONFIRMATION OF MINUTES OF THE LEASE COMMITTEE MEETING 3 HELD 13 SEPTEMBER 2016 7. BUSINESS ARISING FROM THE MINUTES OF 13 SEPTEMBER 2016 8. NOTICE OF MOTION - Nil

9. COMMITTEE MEMBERS REPORTS - Nil 10. LATE REPORTS - Nil

11. REPORTS WITH RECOMMENDATIONS 11.1 Murray River Queen 7 11.2 Houseboat Moorings Update 33 11.3 Warriuka Houseboats – Small Craft Marina Lease 37

Lease Committee Agenda 2 November 2016

11.4 Commercial Operators License Boatel 71 11.5 Commercial Operators License BBQ Boat 75 11.6 Commercial Operators License River Lady 79 11.7 Commercial Operators License Willitsinkorwontit 99 11.8 Lease Committee Work Plan 103

12. INFORMATION ONLY REPORTS - Nil

13. MOTIONS WITHOUT NOTICE

14. GENERAL BUSINESS

15. CLOSURE

Tim Vonderwall DIRECTOR – CORPORATE & COMMUNITY SERVICES

Date Issued: 27 October 2016

1 Minutes - Lease Committee Meeting 13 September 2016 – public copy

Minutes of the Lease Committee Meeting held at the Community and Civic Centre, 61 Eighteenth Street, Renmark on Tuesday 13 September 2016 commencing at 4.08 pm. Welcome to Country (Acknowledgement of Country) “I would like to acknowledge and pay respect to the First Peoples of the River Murray and Mallee region who are the traditional custodians of this land on which we meet.” 1. Opening by the Chair

2. Present

Mayor Martinson (Chair), Crs Hunter, Chown, Slade and Spano, Messers T Siviour (Chief Executive Officer), T Vonderwall (Director Corporate & Community Services), D Lindner (Corporate Services Manager) and Mrs S Edmonds (Executive Assistant to Director Corporate & Community Services). Cr Gibb and Karlie Rice (Club & Volunteer Development Officer) in attendance.

3. Apologies – Nil 4. Conflict of Interest – Nil 5. Deputations

5.1 Mr Alan Coulter – Renmark Recreation Centre

Mayor Martinson thanked Alan Coulter for his deputation and many years of service to the Renmark Paringa Council and it’s Community.

Mr Alan Coulter and Cr Gibb left the Chambers at 4.40pm.

5.2 Preferred Supplier presentation deferred to a later section of this meeting.

6. Confirmation of minutes of a meeting held 23 August 2016

Moved Cr Hunter That the minutes of the Lease Committee held 23 August 2016 be confirmed. Seconded Cr Chown CARRIED

7. Business arising from the minutes of the Lease Committee meeting held 23 August 2016 - Nil

8. Notion of Motion - Nil 9. Committee Members reports - Nil

10. Late Reports - Nil 11. Reports with Recommendations - Nil

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12. Information Only Reports – Nil 13. Matters Considered in Confidence

13.1 Renmark Aquatic and Recreation Centre Contract - Exclusion Motion

Moved Cr Hunter That pursuant to the provisions of Section 90(2) and 90(3)(k) of the Local Government Act, 1999, the Council orders that the public be excluded with the exception of the Chief Executive Officer, Director Corporate & Community Services, Corporate Services Manager, Preferred Supplier Executives (Chief Executive Officer, South Australia Manager and Mildura area Manager) and Executive Assistant to the Director Corporate & Community Services present on the basis that it will receive, consider and discuss the Director Corporate & Community Services Officer’s report 13.1.1 relating to Renmark Aquatic and Recreation Centre Contract and that Council is satisfied that the principle, being that the meeting should be conducted in a place open to the public, is outweighed in relation to the matters because receiving, considering and discussing these matters involves:

Section 90(3)(k) information the disclosure of which Tenders for the supply of goods, the provision of services or the carrying out of works

Seconded Cr Chown CARRIED 13.1.1 Renmark Aquatic and Recreation Centre Contract

13.1.2 Renmark Aquatic and Recreation Centre Gymnasium Equipment 13.1.3 Reallocation of Recreation Centre Improvements budget 13.1.4 Recreation Centre Recognition

13.1.5 Confidential Order to retain minutes & documents in confidence

Moved Cr Hunter That pursuant to Section 91(7) of the Local Government Act, 1999 the Council orders the minutes and documents considered and discussed relating to minutes – 13.1.1 Renmark Aquatic and Recreation Centre Contract, 13.1.2 Renmark Aquatic and Recreation Centre Gymnasium Equipment, 13.1.3 Reallocation of Recreation Centre Improvements budget, 13.1.4 Recreation Centre Recognition remain confidential and not available for public inspection for a period to be determined by the Chief Executive Officer. Seconded Cr Spano CARRIED

Resumption of Open Council The Lease Committee meeting resumed Open Council after considering Confidential Report 13.1.1.

14. Motions Without Notice - Nil

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15. General Business - Nil 16. Closure – 6.40pm.

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Lease Committee Report 2 November 2016

Report No: 11.1 Subject: Murray River Queen From: Chief Executive Officer Purpose: Seek endorsement from the lease committee to the sublicence term sheet and authorise the Mayor and CEO to execute a lease for the Murray River Queen at the Renmark Town Wharf from 1 March 2017. Recommendation: That the lease committee recommend to Council that they endorse the Murray River Queen Sublicense Term sheet (final). Further the lease committee recommend to Council that the Mayor and CEO be authorised, pursuant to Section 38 (2) Local Government Act 1999, to assign the common seal to a lease for the Murray River Queen to occupy the Renmark Town Wharf for a period of five (5) years commencing 1 August 2017. _____________________________________________________________________ Background: At the March 2015 meeting of Council it considered a proposal from Major Ventures Pty Ltd to relocate the Murray River Queen from the Waikerie River Front to the Renmark Town Wharf. At that meeting it resolved to undertake a period of public consultation on the proposal. Council also resolved at that meeting to include this addendum to explain to the community that the following points will form part of any lease in the event the proposal is supported: • All capital costs of the proposal would be at the proponent’s expense including:

o Structural integrity of the wharf to cater for the Murray River Queen on a permanent basis

o Provision of a connection to Council’s Community Wastewater Management System (CWMS)

o Provision of Power and Water o The proponent will be charged a commercial mooring fee

• The proponent will be charged CWMS fees in line with the Local Government Association Guide to calculating Effluent Service Charges

• Parking for overnight guests would be in the carpark adjacent to the Renmark Paringa Public Library

• The location of the Murray River Queen would be situated at the Renmark Rowing Club end of the Renmark Town Wharf (see attached map)

• Council will not support itinerant worker style accommodation on the Murray River Queen

• A 5 year lease would be offered • Subject to consultation it is proposed that the lease would commence on the 1st

September 2015

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The period of public consultation ended on 20 April 2015 at which time Council received 63 submissions. Council considered the submission at the April meeting of Council at which it resolved: 16.2 Murray River Queen Consultation Feedback Moved Cr Spano That Council agree to the Murray River Queen relocation proposal sublicense term sheet in relation to the relocation of the Murray River Queen to occupy the Renmark Town Wharf and delegate authority to the Chief Executive Officer to undertake the following:

• execute the sublicense term sheet noting that a sublicense cannot be granted until development consent and all required permits have been obtained and a new licence to occupy for a period of 5 years has been obtained.

Seconded Cr Slade CARRIED The matter was referred to the Development Assessment Commission as the relevant authority for development consent which was granted on 21 January 2016 with the following conditions applied to the consent: RESOLVED 1) RESOLVE that the proposed development is NOT seriously at variance with the

policies in the Development Plan. 2) RESOLVE that the Development Assessment Commission is satisfied that the

proposal will not compromise the conservation and environmental values of the River Murray Flood Zone, whereupon the permanent mooring of the Murray River Queen at the Renmark Town Wharf can be effectively serviced and integrated with both current and envisaged uses of the Waterfront and District Centre Zones within the Renmark township. In addition, further information was provided to ensure that the vessel will be appropriately refurbished and upgraded to complement its riverine environment and Renmark townscape.

3) RESOLVE to grant Development Plan Consent to the proposal by Major Ventures PL

for consent to use the Renmark Town Wharf for the permanent mooring (change of use) of the Murray River Queen subject to the following reserved matters and conditions of consent and, pursuant to Section 35(3)(a) of the Development Act 1993, seek the concurrence of the Renmark Paringa Council and the Minister for Planning for this non-complying development.

RESERVED MATTERS 1. Pursuant to Section 33(3) of the Development Act 1993, the following matters shall be

reserved for further assessment, to the satisfaction of the Development Assessment Commission, prior to the granting of Development Approval:

1.1 Provision of a detailed carpark layout plan - comprising the final design of the

Rowing Club Lane carpark (including the provision of lighting, management of stormwater, line marking, signage etc).

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PLANNING CONDITIONS 1. That except where minor amendments may be required by other relevant Acts, or by

conditions imposed by this application, the development shall be established in strict accordance with the details and following plans submitted in Development Application No 753/L002/15:

Plans and Documentation: • Site Location Plan - PD 001A dated 26.10.2015 • Elevation and Streetscape View - PD-003A dated 26.10.2015 • Deck Levels - PD-002A dated 28.8.2015 • MFY - Proposed Carpark - Rowing Club Lane - MFY 15-0247_01B dated

16.10.2015 • MFY - Car Turn Around within Aisle - MFY 15-0247_01_SH01 dated 16.10.2015 • MFY - Rowing Club Vehicle Access - MFY 15-0247_01B_SH02 dated 16.10.2015 • Letter to EPA from Major Ventures - dated 19 October 2015 • Statement of Effect - Planning and Development Answers – updated August 2015 • Project and Planning Report - Development Answers - dated August 2015 • Letter from MFY to DAC - Traffic and parking - dated 31 August 2015 • Response to Representations - Development Answers - dated 28 October 2015 • Letter from Mike Tweedie - Survey of the Murray River Queen - dated 10 October

2015 • Letter from Lawrie Commercial Diving - dated Monday 5 October 2015 • Letter from Development Answers to DAC - dated 1 September 2015 • Letter from Renmark Paringa Council to applicant - dated 3 August 2015

Additional information • Letter from Matthew Major to DAC dated 6 January 2016 • Email from George Manos to David Altmann dated 23 December 2015 • Schedule and details of external renovation works • Photomontage – External finishes and materials • Photomontage – permanent mooring – Renmark Town Wharf • Service infrastructure locations – Drawing PD002A – dated 5.1.2016

2. Prior to the operation of the development from the Renmark Town Wharf, an all weather pedestrian access path shall be established between the public carpark on Rowing Club Lane and the Renmark Town Wharf to facilitate the movement of pedestrians to and from the wharf and carpark. The pedestrian path shall be established in accordance with Council requirements - including the provision of appropriate wayfinding signage and low-scale lighting fixtures.

3. That the applicant, or any other person with the benefit of the approval, will pay the

Renmark Paringa Council the sum of $15,000 in lieu of car parking being provided to service the development. The monetary contribution shall be paid via instalments, with five annual payments of $3000, commencing from 1 July 2016.

4. The development shall not operate from the Renmark Town Wharf until all sewerage,

electrical and water service infrastructure has been installed, tested and connected to

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the Murray River Queen in accordance with Council and stage agency requirements (SA Health, DEWNR and EPA).

5. The Murray River Queen shall not be used for itinerant worker or backpacker

accommodation when moored at the Renmark Town Wharf. 6. No amplified music shall be used on the Murray River Queen at any time. 7. The design and installation of all berthing and gangway structures shall comply with

Australian Standard AS 4997-2005: Guidelines for the Design of Maritime Structures. 8. The Murray River Queen shall be inspected out of the water and the hull condition and

thickness verified by an AMSA Accredited Marine Surveyor prior to being moored at the Renmark Town Wharf.

9. All Council, utility or state-agency maintained infrastructure that is demolished, altered,

removed or damaged during the establishment of the development shall be reinstated to Council, utility or state agency specifications. All costs associated with these works shall be met by the proponent.

10. All external lighting affixed to the Murray River Queen shall be installed and operated

to conform with Australian Standards and must be located, directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond the site.

11. The final design of the Rowing Club Lane carpark shall ensure that all carparking and

manoeuvring areas conform to the Australian/New Zealand Standard for off-street carparking; AS/NZS 2890.1:2004 Off-Street carparking; and AS/NZ 2890.6: 2009 Off-Street parking for people with disabilities.

12. The Rowing Club Lane carpark shall be sealed and line-marked with an all-weather

surface and drained in accordance with recognised engineering practices to the reasonable satisfaction of Council.

13. All trade waste and other rubbish shall be stored in covered containers prior to

removal from the Murray River Queen and shall be kept screened from public view on the vessel.

14. External mechanical and service equipment (i.e. air conditioning and exhaust

systems) installed to the Murray River Queen shall be located within designated plant areas (as detailed by the approved deck plans) and where required, shall be appropriately screened and attenuated to comply with requirements under the Environment Protection (Noise) Policy 2007.

15. A wayfinding and carparking plan shall be developed and published (including online)

that enables guests and patrons of the Murray River Queen to locate and access the Rowing Club Lane carpark, or when fully occupied, alternative car park locations within the Renmark Town Centre.

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16. That prior to the operation of the development, a final service and waste management plan for the delivery of goods and the collection of waste shall be provided to the reasonable satisfaction of Council.

Renmark Paringa Council conditions 17. The colour and finishes of all external building work shall be sympathetic to the visual

amenity of the waterfront location. 18. Flashing, intermittent, changing colour or rotating lights must not be displayed and any

advertising must be in accordance with Council’s Development Plan. 19. The vessel shall be cleaned and maintained so it remains in good repair at all times to

the reasonable satisfaction of Council. 20. Waste shall be contained and disposed of in a manner to the reasonable satisfaction

of Council. 21. The full length of the Renmark Town Wharf shall be made accessible to pedestrians at

all times. 22. The short and long term storage of goods (perishable and non-perishable) in relation

to the vessel shall not be permitted on the Renmark Town Wharf. 23. The weight of any vehicles permitted on the Town Wharf will be subject to a structural

engineer’s determination or assessment prior to Development approval. 24. All dining activities and the consumption of drinks that are purchased on the vessel

shall be confined to the vessel at all times. 25. The Murray River Queen shall be positioned and moored on the Renmark Town Wharf

not less than 30 metres to the south of the Rowing Club boat ramp with the bow facing in a north direction.

Environment Protection Authority - directed condition 26. The Murray River Queen must be maintained in accordance with the Maintenance

Plan provided in the letter from Major Ventures dated 19 October 2015. Minister for Water and the River Murray - directed condition 27. During the development, the area must be managed in a manner as to ensure no

pollutants enter the River Murray system. ADVISORY NOTES a. The development must be substantially commenced within 12 months of the date of

this Notification, unless this period has been extended by the Development Assessment Commission.

b. The authorisation will lapse if not commenced within 12 months of the date of this

Notification.

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c. The applicant is also advised that any act or work authorised or required by this Notification must be completed within 3 years of the date of the Notification unless this period is extended by the Commission.

d. The applicant is reminded of its general environmental duty, as required by Section 25

of the Environment Protection Act, to take all reasonable and practicable measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm.

e. The applicant is advised that once the Murray River Queen has been permanently

moored at Renmark, the EPA may inspect wastewater infrastructure from the vessel to the permanent connection point to confirm compliance with the Code of Practice for Vessel and Facility Management (Marine and Inland Waters) and the Environment Protection (Water Quality) Policy 2003. The Code of Practice is available at http://www.epa.sa.gov.au/xstd_files/Water/Code%20of%20practice/vessels.pdf

f. EPA information sheets, guidelines documents, codes of practice, technical bulletins

etc can be accessed on the following web site: http://www.epa.sa.gov.auSuch an appeal must be lodged at the Environment, Resources and Development Court within two months from the day of receiving this notice or such longer time as the Court may allow.

g. The applicant is advised of their general duty of care under the River Murray Act 2003

to take all reasonable measures to prevent any harm to the River Murray through his or her actions or activities.

h. The River Murray and many of its tributaries and overflow areas have abundant

evidence of Aboriginal occupation and Aboriginal sites, objects or artefacts may be present on the subject land (eg. scarred trees, campsites, burial sites, middens, etc). Under section 20 of the Aboriginal Heritage Act 1988 (the Act), an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister responsible for the administration of the Act, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act. Penalties may apply for failure to comply with the Act.

i. Prior to the commencement of any works, Renmark Paringa Council will be required to

seek the approval of the Minister for Sustainability, Environment and Conservation in the form of an amendment to Licence to Occupy RL053957 to enable continued occupation of the Crown land, pursuant to the Crown Land Management Act 2009. For further information please contact the Department of Environment, Water and Natural Resources (Berri office) on telephone 8595 2119 and quote reference DEWNR 11/5655, or visit:

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http://www.environment.sa.gov.au/Conservation/Land/Crown_lands DAC Meeting 21 January 2016 Page 6 of 8

j. This approval does not obviate any considerations that may apply to the Environment Protection and Biodiversity Conservation Act 1999 (Cth). For further information visit: http://www.environment.gov.au/epbc.

k. In regards to Condition 3, whilst the development is located on the Renmark Town

Wharf, carparking areas that will service the development are located within the District Centre Zone. Where a development does not meet the required carparking provision for the intended use and/or activities proposed, contributions can be made to a designated carparking fund. In accordance with that designation, the relevant authority has determined that sufficient car parking to meet the operational needs of the development is unable to be satisfactorily provided on the site and it is more appropriate that a payment of $15,000 be made into the Council’s car parking fund. This equates to approximately 37 carparks.

l. The applicant is advised that the site of the development (and subject of this

development authorisation) is located within a designated area under the River Murray and Crown Lands Indigenous Land Use Agreement (RM ILUA) which was registered on 16 May 2012. This agreement requires the Development Assessment Commission or the Minister for Planning to notify the First Peoples of the River Murray and Mallee Region of any decision within 15 business days and advise the applicant of the following matters

(a) that it is an offence under the Aboriginal Heritage Act 1988 to damage, disturb or interfere with any Aboriginal Sites, Objects or Remains; and

(b) that it is a requirement to comply with the duty of care established pursuant to the River Murray Act 2003 (SA); and

(c) that the First Peoples are responsible for undertaking Heritage Surveys in the ILUA Area.

Since the issuing of development consent on 21 January 2016 staff have met with the proprietors on three occasions to discussed amendments to the sublicense terms sheet which will form the basis of a lease. The sub license term sheet is provided as an appendix to this report, marked up with requested changes. I provide the following as commentary on the marked up changes: 2. Sublicensee: The company name of the Sublicensee is Major Ventures Pty Ltd ABN 22134935345 4. Licence: Licence to Occupy issued to the Council dated 28 February 2017. Note this date needs to be prior to 7. Sublicense Commencement Date 7. Sublicense Commencement Date: 1 March 2017, as advised by the applicant on 22 July 2016. 8. Sublicense Term: 5 years. I have noted this as the sublicensor had requested that Council consider a right of renewal of the sublicense term.

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The maximum term of the sublicense (i.e. which includes rights of renewal) is contingent upon the term of the licence that is granted by the Crown (the Council does not have power to grant a sublicense with a term greater than the term of the licence). An additional consideration is that if the licence requires the Minister’s consent to the sublicense, the Minster will have a power of ‘veto’ in respect of the term. 9. Sublicense Fee: Payable annually in advance. The Sublicensee has requested this be payable quarterly in advance which is considered reasonable given Council rates are payable quarterly. 10. Review of Sublicense Fee: inclusion of – equivalent to CPI Adelaide All Groups to avoid being ambiguous. 13. Bank Guarantee: removal of bank guarantee. The Sublicensee has amended 21 Insurance of the sublicense term sheet to include a five (5) million dollar insurance policy for the retrieval and/or salvage of the Vessel in the event of sinking/damage. I consider this provides Council with greater protection and addresses some of the concerns raised by the community in the public consultation. 18. Guest/Customer Parking: adjusted to reflect that guests staying overnight on the Vessel will utilise the carpark behind the police station. 19. Sublicensee’s General Obligations: reference to Environment Protection (Noise) Policy 2007 as the applicable standard. 20. Repair and Maintenance Obligations: This clause has been strengthened to ensure that the sublicensee now adheres to the in survey inspection requirements as set by the Australian Maritime Safety Requirements. This has been done by the sublicensee for two reasons:

• to alleviate the fears the community expressed as part of the community consultation that there was doubt as to the seaworthiness (by definition) of the boat. This will now no longer be in question.

• to enable the sublicensee to be able to take out an insurance policy for a five (5) million dollar insurance policy for the retrieval and/or salvage of the Vessel in the event of sinking/damage. This will provide Council with greater protection than a $100,000 bank guarantee.

21. Make Good/Reinstatement: Amended to reflect that the Sublicense area is reinstated to the condition prior to occupation rather than in accordance with the requirements of Council. Council will undertake a condition report of the Sublicense area prior to occupation. 22. Insurance: as mentioned previously the sublicensee will now take out and maintain insurance for a sum not less than $5m to cover the retrieval and/or salvage of the Vessel. 23. Sublicensee’s Works: this clause is adequately covered in 25. Conditions Precedent/Agreement to Sublicense.

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25. Conditions Precedent/Agreement to Sublicense: removal of the requirement to install a septic tank and associated pipework. This is effectively an extension to Councils CWMS network as the septic tank will be installed on Council land. This cost has been quoted at $20,500. This cost will be taken from Council’s CWMS reserve which has a current balance as at 30 June 2016 of $2.56m Section 188 of the Local Government Act 1999 entitles the Council to impose a fee or charge for the use of any property or facility owned, controlled, managed or maintained by the Council. As per Councils schedule of fees and charges that fee is set at $2,300. Relevant Legislation: Local Government Act 1999, s41 – Committees, s202 – Alienation of community land. Community Plan Reference: 2.2.1 Work in collaboration with Destination Riverland to promote the area’s food and wine credentials Risk/WH&S Impact: The term sheet has been drafted to minimise Councils exposure to risk and damage to its infrastructure. The sublicensee has taken into account the concerns of the community and increased/strengthen the insurance requirements to include $5m of insurance to cover the retrieval and/or salvage of the Vessel in the event of sinking/damage. In addition the sublicensee has included an annual in water inspection to the term sheet to ensure the boat is meeting the in survey inspection requirements as set by the Australian Maritime Safety Requirements. Changes to Risk profile - LGAMLS notification required: Nil Financial Impact: Sublicense Fee $9,270 (indexed with CPI) This is inclusive of the Annual Service charges for wastewater levied in accordance with the Community Wastewater Managements Systems Property Units Code. In addition Council will charge the sublicensee Council CWMS connect fee of $2,300. Council will be required to provide an appropriate sized septic tank which will remain the property of Council. This cost has been quoted at $20,500. This cost will be taken from Council’s CWMS reserve which has a current balance as at 30 June 2016 of $2.56m Asset Management Impact: Clause 22 Insurance ensures that the Sublicensee’s insurance cover extends to damage caused to the Renmark Town Wharf by the vessel. Sustainability Impact: N/A Regional Opportunities project: Nil Author: Tony Siviour Chief Executive Officer Date: 27 October 2016

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Murray River Queen Relocation Proposal Term Sheet: Sublicense (Final)

1. Sublicensor Renmark Paringa Council of PO Box 730 Renmark SA 5341 (Council)

2. Sublicensee Murray River Queen (SA) Pty Ltd ACN X of [insert address]

Major Ventures Pty Ltd

3. Licensor Department of Environment, Water and Natural Resources (Department)

4. Licence Licence to Occupy issued to the Council dated X awaiting date from sublicensee Note: Council’s ability to enter into a sublicense with the Sublicensee is contingent upon it first being issued a (new) Licence from the Department for a 5 year term and which expressly permits the Council to sublicense the licenced area or any portion of it.

5. Licensed Area That portion of the riverbed adjacent to Section 1465 out of Hundreds (Renmark) as comprised within Crown Volume 5755 Folio 885 being the area delineated in red on the plan attached in Annexure A.

The Sublicensee must ensure that the Vessel remains moored within the Licensed Area at all times.

6. Permitted Use Landing and operation of a fixed Vessel known as the ‘Murray River Queen’ (the Vessel) providing Floating Accommodation (not backpacker or low cost dormitory style accommodation), Restaurant, Cellar Door and wine bar

7. Sublicense Commencement Date

1 September 2015Subject to development approval and all required permits being obtaiianed.

A commencement Date that is before insert date, to be notified by Sublicensee Awaiting date from sublicensee

8. Sublicense Term 5 years Note: The term of the sublicense must be less than the term of the Licence – it is not unusual for this to simply be one day less.

No holding over

9. Sublicense Fee $9,270 exclusive of GST XXXXX annual site fee based on number of mooring sites occupied by the Vessel.

Comment [CAB1]: We recommend an ASIC search be undertaken (if it h not already occurred) to confirm this

Comment [CAB2]: this is a referen to the Head Licence that is to be issu by the Department and to which the Sublicensee is not a party. The date of the Licence is to be inserted here.

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In addition the Sublicensee will be required to pay annual service charges for wastewater levied in accordance with the Community Wastewater Management Systems Property Units Code published by the Local Government Association.

Payable annually quarterly in advance on the first day of the Sublicense and on the first day of each anniversary quarter of the Sublicense thereafter.

10. Review of Sublicense Fee

Sublicense Fee subject to a % increase each year equivalent to CPI Adelaide all groups(no market review)

11. Licensor Approval The Sublicense is subject to and conditional upon the formal approval of the Department. A copy of the Sublicense will be provided to the Department for approval prior to the commencement of the Sublicense.

12. Application of the Licence

This Sublicense is subject to the continued operation of the License and covenants to observe, to the extent that the same is relevant to the Sublicensee, the terms and conditions of the Licence. In the event that the Licence is cancelled, otherwise terminates or is not renewed (for any reason) or the Licensed Area is resumed, the Sublicence shall immediately terminate and the Council shall not be liable to the Sublicensee for any reason what so ever.

The provisions of the Licence will apply to this Sublicence (excluding any positive obligations of the Department under the Licence) and, the Sublicensee must not do anything which is not permitted by the Licence

The Council is released from any liability to the Sublicensee for any act or omission to act by the Department under the Licence, including but not limited to the Department cancelling the Licence.

13. Bank Guarantee Insert amount$100,000.00 (one hundred thousand dollars) Note: we recommend this be enough to cover all costs of and incidental to the removal and sale of the Vessel in the event the Sublicensee becomes insolvent and cannot afford to remove it.

14.13. Assignment/Charging Without the consent of the Council (which consent may, at the discretion of the Council) be withheld or be subjected to conditions, the Sublicensee shall not assign, sub license, transfer or otherwise dispose of or seek to charge or otherwise pledge the Sublicence and must otherwise retain ownership of the Vessel and retain in a current form any licences it must obtain to operate the Restaurant, Cellar Door and wine bar.

15.14. Indemnity & Release The Sublicensee shall indemnify the Council from any liability the Council suffers under the License as a result of the Sublicensee’s breach of the Sublicense.

The Sublicensee shall indemnify the Council for all liability the Council suffers in connection with the Sublicensee’s

Comment [CAB3]: This is an outgoing distinct from a licence fee a is payable by the sublicensee pursua to clause 16 below.





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actions or omissions to act and/or the Permitted Use.

The Sublicensee releases the Council from all claims arising in connection with the Permitted Use.

16.15. Consents The Sublicensee must obtain the consent of the Council and the Department for anything that the Council would be required to obtain the consent of the Department for under the Licence.

17.16. Outgoings payable by tThe sublicensee

Council rates and charges applicable to the Licensed Area (including annual service charge for wastewater levied in accordance with the Community Wastewater Management Systems Property Units Code published by the Local Government Association).

All charges in connection with electricity and water consumption in relation to the Vessel.

18.17. Guest/Customer Car Parking

The Sublicensee shall use its best endeavours to ensure that its guests and customers in connection with thestaying overnight on the Vessel accommodation, restaurant, wine bar and cellar door utilise the car park behind the police station situated at 44 Ral Ral Avenue (CR 5753 Folio 882)insert address to park their vehicles.

19.18. Sublicensee’s General Obligations

The Sublicensee must ensure and/or exercise all reasonable endeavours to ensure:

• lighting used on the Vessel does not unreasonably impact (as determined by the Council) on other riverfront users or neighbouring properties;

• no laundry or other items are hung from the Vessel;

• its guests, patrons, invitees and employees, must not cause any offensive or nuisance conduct; and

• objects are not thrown from the Vessel into the River Murray and/or the surrounding area;

The Sublicensee will actively manage noise levels to minimise disruption to persons in the vicinity of the Licensed Area in accordance with the Environment Protection (Noise) Policy 2007 (reference to be inserted to any applicable standard).

The Sublicensee must comply with:

• all applicable laws in connection with undertaking the Permitted Use and for this purpose must obtain and comply with all necessary approvals and licences required by law; and

• all fire and safety directives from the Council. Note: This includes obtaining Development Approval and a liquor licence.

20.19. Repair and The Sublicensee shall repair, clean and maintain the

Formatted: Font: Italic


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Maintenance Obligations

Sublicensed Area and the Vessel so that they are kept in the same condition that they were as at the commencement date of this Sublicense (fair wear and tear accepted).

The Sublicensee must, at its costs, annually during the term of the Sublicense:

• engage a person (or persons) approved by the Council with relevant expertise to undertake an in water inspection of the hull of the Vessel and, following each inspection, to prepare a report identifying any necessary maintenance and/or repair works to the Vessel to ensure its integrity; and

• carry out any repair and/or maintenance work that may reasonably be required by the Council having regard to the report prepared following the annual in water inspection of the hull of the Vessel.


• as per in survey requirements engage a person (or persons) approved by the Council with relevant expertise to undertake an out of water inspection; and

• carry out any repair and/or maintenance work (including structural works to the Vessel) that may reasonably be required by the Council having regard to the report prepared following the out of water/in survey inspection of the hull of the Vessel.

•

21.20. Make Good/Reinstatement

Upon the expiration or earlier determination of the Sublicense, the Sublicensee must remove the Vessel from the Licensed Area and reinstate the Area in accordance with the requirements of the Council. to itsthe orginal condition it was in prior to the Sublicensee’s occupation of the premises..

22.21. Insurance The Sublicensee must during the term:

• take out and be responsible for public liability insurance for a sum not less than $20M for the duration of the occupancy of the Vessel under the Sublicense;

• ensure that its insurance cover extends to damage caused to the Renmark Town Wharf by the Vessel and provide confirmation (acceptable to the Council) that this is the case;

• take out and maintain insurance for a sum not less than five (5) million dollars $5M to cover the retrieval and/or salvage of the Vessel in the event of sinking/damage;


Formatted: Highlight

Comment [CAB4]: It is unclear wha these requirements are (do they only relate to the hull), we, suggest that th be included as an attachment




Comment [CAB5]: a condition repo should be obtained now

19

5.

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• take out and maintain insurance in respect of the Vessel and all the Sublicensee’s fixtures and fittings; and

• take out and maintain any other insurance required by the Council.

Certificates of currency of such insurance shall be made available to the Council prior to the Commencement Date (and in the case of policy renewals on each anniversary of the Commencement Date) and to the Department upon request. renewal request.

23. Sublicensee’s Works The Sublicensee shall complete the following works to the Vessel prior to the commencement of the SubLicense (to the satisfaction of the Council):

As per conditions of approval resolved at the 21 January 2016 meeting of the Development Assessment Commission

1. paint maintain the exterior of the Vessel in a colour scheme approved by the Council (colour scheme will be addressed in connection with the necessary development application); and

2. insert further detail as may be required by the Council subject to inspection of the Vessel

All plans and specs must be approved by the Council.

24.22. Additional Works The Sublicensee must not undertake any works to the Renmark Town Wharf without the consent of the Council and/or the Department.

25.23. Conditions Precedent/Agreement to Sublicense

The commencement of the Sublicense is subject to and conditional on the following:

• the Sublicensee obtaining all necessary approvals in respect of the Permitted Use;

• undertaking, to the satisfaction of the Council, the works to the Vessel outlined in the conditions of approval resolved at the 21 January 2016 meeting of the Development Assessment Commission ;

• all food preparation and cooking areas on the Vessel being, to the Council’s satisfaction, compliant with the Australian Food Safety Standards;

• the Sublicensee engaging a pest controller to undertake all necessary works to ensure, so far as is practicable, that as at the commencement date, the

Comment [CAB6]: this may otherw be on request if Council prefers

Formatted: Indent: Left: 0 cm,Hanging: 1.2 cm, No bullets ornumbering

Formatted: Bulleted + Level: 1 +Aligned at: 0.69 cm + Indent at: 1.cm



Comment [CAB7]: We suggest the actual works be stipulated

20

6.

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Vessel is free of public health pests and vermin;

• an inspection of the hull of the Vessel and certification being provided by a person approved by the Council with relevant expertise regarding the integrity of the hull;

• the Council being satisfied that the effluent treatment system in connection with the Vessel complies with all applicable standards and is adequate for its intended purpose; and

• the Council undertaking the following works that are necessary to accommodate the Vessel in the Licenced Area being undertaken by the Sublicensee at the cost and expense of the Sublicensee in all things and in accordance with the Agreement to Sublicense executed between the Council and the Sublicensee (all costs to be bourne by the Sublicensee with the exception of the septic tank and associated pipework which Council will charge the Sublicensee a connection charge pursuant to a payment agreement):

o installation of a new 3 phase power supply no less than 120 amps, and associated power box;

o installation of infrastructure in connection with supply of potable water to the Vessel;

o installation of a septic tank and associated pipework that is adequate to cater for all activities on-board the Vessel; and

o installation of additional pilings at the Renmark Town Wharf to enable the boat to be safely moored thereto; and

o Note: ownership of all improorvements will vest in the Council

• the Sublicensee executing a payment agreement with the Council pursuant to which the Sublicensee will reimburse the Council for its costs in connection with undertaking the works stipulated above within three months of practical completion.

26.24. Cleaning The Sublicensee shall be responsible for maintaining the Licensed Area at all times in a cleanly state, free from rubbish.

27.25. Signage The Sublicensee shall not install or display any signage on the exterior of the Vessel or otherwise on the Renmark Town Wharf without the consent of the Council.

Comment [CAB8]: This is on the basis that the works stipulated are items 1-4 in Annexure C of the Agreement and noting that the Agreement addresses liability for the costs of these works.


Formatted: Font: 9 pt, Italic

Formatted: Indent: Left: 0 cm,Hanging: 1.25 cm, No bullets ornumbering






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7.

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28.26. Formal Documentation

On execution of this Term Sheet and upon the Sublicensee obtaining development approval, the Council shall instruct its solicitors to prepare a Sublicense consistent with the terms and conditions herein and otherwise on terms generally acceptable to the Council for provision to and approval and execution by the Department.

29.27. Costs The Sublicensee shall pay one half of the Council’s legal costs for the preparation, negotiation and completion of the Sublicense, including in connection with the preparation of this Term Sheet and any further documentation envisaged hereunder.

30.28. Confidentiality The Sublicense (once executed) and all related documentation (excluding this term sheet) are to remain confidential in all respects between the Department, the Council and the Sublicensee (and their respective agents) and are not to be divulged to any other party without the mutual consent of the other parties.

31.29. GST All fees payable to the Council under the Sublicense do not include GST. In addition to paying those amounts the Sublicensee agrees to pay to the Council any GST on those amounts to the extent required by law.

32.30. Counterparts This Agreement may be executed in any number of counterparts. Each counterpart is an original but the counterparts together are one and the same agreement. This Agreement is binding on the parties on the exchange of counterparts. A copy of a counterpart sent by facsimile machine must be treated as an original counterpart.


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Dated 2016 Executed by Tony Siviour, acting under delegated authority on behalf of the Sublicensor, the Renmark Paringa Council:

............................................................................

Tony Siviour

Chief Executive Officer

Signed on behalf of the Sublicensee,

Major Ventures Pty LtdMurray River Queen Pty Ltd by X

........................................................................... X

in the presence of:

............................................................................

Signature of witness

............................................................................

Name of witness (block letters)


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9.

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Annexure A – Plan of Premises

Insert plan here – delineate the Licensed Area in red

24

1

renm0001_150057_010.doc

Murray River Queen Relocation Proposal Term Sheet: Sublicense (Final)

1. Sublicensor Renmark Paringa Council of PO Box 730 Renmark SA 5341 (Council)

2. Sublicensee

Major Ventures Pty Ltd

3. Licensor Department of Environment, Water and Natural Resources (Department)

4. Licence Licence to Occupy issued to the Council dated

Note: Council’s ability to enter into a sublicense with the Sublicensee is contingent upon it first being issued a (new) Licence from the Department for a 5 year term and which expressly permits the Council to sublicense the licenced area or any portion of it.

5. Licensed Area That portion of the riverbed adjacent to Section 1465 out of Hundreds (Renmark) as comprised within Crown Volume 5755 Folio 885 being the area delineated in red on the plan attached in Annexure A.

The Sublicensee must ensure that the Vessel remains moored within the Licensed Area at all times.

6. Permitted Use Landing and operation of a fixed Vessel known as the ‘Murray River Queen’ (the Vessel) providing Floating Accommodation (not backpacker or low cost dormitory style accommodation), Restaurant, Cellar Door and wine bar

7. Sublicense Commencement Date

Subject to development approval and all required permits being obtained.

A commencement Date that is before insert date, to be notified by Sublicensee

8. Sublicense Term 5 years

Note: The term of the sublicense must be less than the term of the Licence – it is not unusual for this to simply be one day less.

No holding over

9. Sublicense Fee $9,270 exclusive of GST annual site fee based on number

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2.

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of mooring sites occupied by the Vessel.

Payable quarterly in advance on the first day of the Sublicense and on the first day of each quarter of the Sublicense thereafter.

10. Review of Sublicense Fee

Sublicense Fee subject to a % increase each year equivalent to CPI Adelaide all groups(no market review)

11. Licensor Approval The Sublicense is subject to and conditional upon the formal approval of the Department. A copy of the Sublicense will be provided to the Department for approval prior to the commencement of the Sublicense.

12. Application of the Licence

This Sublicense is subject to the continued operation of the License and covenants to observe, to the extent that the same is relevant to the Sublicensee, the terms and conditions of the Licence. In the event that the Licence is cancelled, otherwise terminates or is not renewed (for any reason) or the Licensed Area is resumed, the Sublicence shall immediately terminate and the Council shall not be liable to the Sublicensee for any reason what so ever.

The provisions of the Licence will apply to this Sublicence (excluding any positive obligations of the Department under the Licence) and, the Sublicensee must not do anything which is not permitted by the Licence

The Council is released from any liability to the Sublicensee for any act or omission to act by the Department under the Licence, including but not limited to the Department cancelling the Licence.

13. Assignment/Charging Without the consent of the Council (which consent may, at the discretion of the Council) be withheld or be subjected to conditions, the Sublicensee shall not assign, sub license, transfer or otherwise dispose of or seek to charge or otherwise pledge the Sublicence and must otherwise retain ownership of the Vessel and retain in a current form any licences it must obtain to operate the Restaurant, Cellar Door and wine bar.

14. Indemnity & Release The Sublicensee shall indemnify the Council from any liability the Council suffers under the License as a result of the Sublicensee’s breach of the Sublicense.

The Sublicensee shall indemnify the Council for all liability the Council suffers in connection with the Sublicensee’s actions or omissions to act and/or the Permitted Use.

The Sublicensee releases the Council from all claims arising in connection with the Permitted Use.

15. Consents The Sublicensee must obtain the consent of the Council and the Department for anything that the Council would be required to obtain the consent of the Department for under

26

3.

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the Licence.

16. Outgoings payable by the sublicensee

Council rates and charges applicable to the Licensed Area (including annual service charge for wastewater levied in accordance with the Community Wastewater Management Systems Property Units Code published by the Local Government Association).

All charges in connection with electricity and water consumption in relation to the Vessel.

17. Guest/Customer Car Parking

The Sublicensee shall use its best endeavours to ensure that its guests and customers staying overnight on the Vessel utilise the car park behind the police station situated at 44 Ral Ral Avenue (CR 5753 Folio 882) to park their vehicles.

18. Sublicensee’s General Obligations

The Sublicensee must ensure and/or exercise all reasonable endeavours to ensure:

lighting used on the Vessel does not unreasonably impact (as determined by the Council) on other riverfront users or neighbouring properties;

no laundry or other items are hung from the Vessel;

its guests, patrons, invitees and employees, must not cause any offensive or nuisance conduct; and

objects are not thrown from the Vessel into the River Murray and/or the surrounding area;

The Sublicensee will actively manage noise levels to minimise disruption to persons in the vicinity of the Licensed Area in accordance with the Environment Protection (Noise) Policy 2007.

The Sublicensee must comply with:

all applicable laws in connection with undertaking the Permitted Use and for this purpose must obtain and comply with all necessary approvals and licences required by law; and

all fire and safety directives from the Council.

Note: This includes obtaining Development Approval and a liquor licence.

19. Repair and Maintenance Obligations

The Sublicensee shall repair, clean and maintain the Sublicensed Area and the Vessel so that they are kept in the same condition that they were as at the commencement date of this Sublicense (fair wear and tear accepted).


engage a person (or persons) approved by the Council with relevant expertise to undertake an in water inspection of the hull of the Vessel and, following each inspection, to prepare a report

27

4.

renm0001_150057_010.doc

identifying any necessary maintenance and/or repair works to the Vessel to ensure its integrity; and

carry out any repair and/or maintenance work that may reasonably be required by the Council having regard to the report prepared following the annual in water inspection of the hull of the Vessel.


as per in survey requirements engage a person (or persons) approved by the Council with relevant expertise to undertake an out of water inspection; and

carry out any repair and/or maintenance work (including structural works to the Vessel) that may be required by the Council having regard to the report prepared following the out of water/in survey inspection of the hull of the Vessel.

20. Make Good/Reinstatement

Upon the expiration or earlier determination of the Sublicense, the Sublicensee must remove the Vessel from the Licensed Area and reinstate the Area to the condition it was in prior to the Sublicensee’s occupation of the premises.

21. Insurance The Sublicensee must during the term:

take out and be responsible for public liability insurance for a sum not less than $20M for the duration of the occupancy of the Vessel under the Sublicense;

ensure that its insurance cover extends to damage caused to the Renmark Town Wharf by the Vessel and provide confirmation (acceptable to the Council) that this is the case;

take out and maintain insurance for a sum not less than five (5) million dollars to cover the retrieval and/or salvage of the Vessel in the event of sinking/damage;

take out and maintain insurance in respect of the Vessel and all the Sublicensee’s fixtures and fittings; and

take out and maintain any other insurance required by the Council.

Certificates of currency of such insurance shall be made available to the Council prior to the Commencement Date (and in the case of policy renewals on each anniversary of the Commencement Date) and to the Department upon request.

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5.

renm0001_150057_010.doc

22. Additional Works The Sublicensee must not undertake any works to the Renmark Town Wharf without the consent of the Council and/or the Department.

23. Conditions Precedent/Agreement to Sublicense

The commencement of the Sublicense is subject to and conditional on the following:

the Sublicensee obtaining all necessary approvals in respect of the Permitted Use;

undertaking, to the satisfaction of the Council, the works to the Vessel outlined in the conditions of approval resolved at the 21 January 2016 meeting of the Development Assessment Commission ;

all food preparation and cooking areas on the Vessel being, to the Council’s satisfaction, compliant with the Australian Food Safety Standards;

the Sublicensee engaging a pest controller to undertake all necessary works to ensure, so far as is practicable, that as at the commencement date, the Vessel is free of public health pests and vermin;

an inspection of the hull of the Vessel and certification being provided by a person approved by the Council with relevant expertise regarding the integrity of the hull;

the Council being satisfied that the effluent treatment system in connection with the Vessel complies with all applicable standards and is adequate for its intended purpose; and

the following works that are necessary to accommodate the Vessel in the Licenced Area being undertaken by the Sublicensee at the cost and expense of the Sublicensee in all things and in accordance with the Agreement to Sublicense executed between the Council and the Sublicensee ):

o installation of a new 3 phase power supply no less than 120 amps, and associated power box;

o installation of infrastructure in connection with supply of potable water to the Vessel;

o installation of additional pilings at the

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6.

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Renmark Town Wharf to enable the boat to be safely moored thereto; and

Note: ownership of all improvements will vest in the Council

24. Cleaning The Sublicensee shall be responsible for maintaining the Licensed Area at all times in a cleanly state, free from rubbish.

25. Signage The Sublicensee shall not install or display any signage on the exterior of the Vessel or otherwise on the Renmark Town Wharf without the consent of the Council.

26. Formal Documentation

On execution of this Term Sheet and upon the Sublicensee obtaining development approval, the Council shall instruct its solicitors to prepare a Sublicense consistent with the terms and conditions herein and otherwise on terms generally acceptable to the Council for provision to and approval and execution by the Department.

27. Costs The Sublicensee shall pay one half of the Council’s legal costs for the preparation, of the Sublicense, including in connection with the preparation of this Term Sheet and any further documentation envisaged hereunder.

28. Confidentiality The Sublicense (once executed) and all related documentation (excluding this term sheet) are to remain confidential in all respects between the Department, the Council and the Sublicensee (and their respective agents) and are not to be divulged to any other party without the mutual consent of the other parties.

29. GST All fees payable to the Council under the Sublicense do not include GST. In addition to paying those amounts the Sublicensee agrees to pay to the Council any GST on those amounts to the extent required by law.

30. Counterparts This Agreement may be executed in any number of counterparts. Each counterpart is an original but the counterparts together are one and the same agreement. This Agreement is binding on the parties on the exchange of counterparts. A copy of a counterpart sent by facsimile machine must be treated as an original counterpart.

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7.

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Dated 2016 Executed by Tony Siviour, acting under delegated authority on behalf of the Sublicensor, the Renmark Paringa Council:

............................................................................

Tony Siviour

Chief Executive Officer

Signed on behalf of the Sublicensee,

Major Ventures Pty Ltd by X

........................................................................... X

in the presence of:

............................................................................

Signature of witness

............................................................................

Name of witness (block letters)

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8.

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Annexure A – Plan of Premises

Insert plan here – delineate the Licensed Area in red

32


Report No: 11.2 Subject: Houseboat Moorings Update From: Director of Corporate and Community Services Purpose: Seek endorsement from the lease committee to approach interested parties from the moorings waiting list and begin negotiations with regards to appropriate mooring sites, and to draft a revised mooring license agreement. Recommendation: That the Committee recommends to Council that delegation is provided to the Director of Corporate and Community Services to

- Approach the 7 applicants in the waiting list that are looking for storage, and begin the process of application.

- The initial applicants will be encouraged to apply for one of the 3 newly proposed moorings at Lock 5 in the 2017/18 IAMP or the single current vacant mooring at Lock 5 Marina.

That new mooring agreements are developed to ensure the ease of management and clarity of mooring requirements. ___________________________________________________________________ Background: Council passed a motion at the Special Council meeting in June 2016. The motion was as follows. “Houseboat mooring fees Moved Cr Hunter That staff provide a report on houseboat moorings fees/charges and conditions within the Renmark Paringa Council district and furthermore staff provide a report on options for the Lock 5 metered power sites as soon as possible. Seconded Cr Gibb CARRIED” Since that motion was passed, Council has resolved (October meeting in 2016) to install new power meters at Lock 5 and begin charging based on individual mooring usage. The following remaining issues relating to houseboats within Councils sphere of authority are as follows;

• Fees and charges are inconsistent across the variety of Councils mooring sites • Conditions relating to the mooring sites require a review and updating – including

a reconciliation of moorings and agreements • Some operators are operating commercially without an agreement or the

agreements have expired • A waiting list of houseboat moorings requires review and direction to ensure that

the list is equitable

33


The fees and charges review will be undertaken before the end of April 2016 in preparation for the 2017/18 fees and charges adoption. This will be brought to the Lease Committee in the new year. This report is to begin the process of reviewing the moorings waiting list and the process of developing more modern and robust terms and conditions for houseboat mooring agreements. This will create a good platform for addressing the remaining issues. The commercial operators licenses are being addressed at via separate reports in this Lease Committee agenda. Attached to this report is a list of the outstanding applicants who are waiting for a mooring site, either at Lock 5, Ral Ral, the Small Craft Marina or as a commercial operator on the Riverfront. A summary of the recommended approach to the waiting list is as follows.

• Ensure that existing and commercial operators who have applied have relevant information, moorings, insurances and updated licenses.

o Begin the renewal and development of new licenses and seek relevant information at the November Lease Committee meeting.

• Update the conditions (attached) to be more robust and modernized to ensure that any future compliance issues can be resolved appropriately.

o Motion in this report. o Bring back to future lease committee. o Engage existing operators in signing new forms as part of next years

annual process. o The process of signing will also serve as a reconciliation of existing

moorings and compliance with registered owners/boats. • Approach the 7 applicants in the waiting list that are looking for storage, and begin

the process of application. o The initial applicants will be encouraged to apply for one of the 3 newly

proposed or the single vacant mooring at lock 5 in the 2017/18 IAMP. Its proposed that Lock 5 is preferred as it may reduce the creation of future problems with potential future developments of the Jane Eliza Phase 2.

o The remaining applicants will be encouraged to apply for the small craft marina based on the existing storage permits limiting the storage agreement for 6 months.

o In the new year, Council staff will bring back a report with the various applications and any cost implications, and how those cost implications should be treated.

• There is no foreseeable solution to the applicants waiting for a Live On mooring as Council has no vacancies.

Relevant Legislation: Local Government Act 1999, s41 – Committees, s202 – Alienation of community land.

34


Community Plan Reference: 4.1.4 Regularly review existing services and processes to ensure efficient and effective service delivery. Risk/WH&S Impact: The agreements will be drafted to minimise Councils exposure to risk and damage to its infrastructure. Changes to Risk profile - LGAMLS notification required: Nil Financial Impact: Nil Asset Management Impact: Nil – may be addressed once the applications returned via the Committee report. Sustainability Impact: N/A Regional Opportunities project: Nil Author: Tim Vonderwall Director of Corporate and Community Services Date: 26/10/16

35

LIVE ON COMMERCIAL STORAGE BOAT?Requested Location Proposed Location

1 Y Y Ral Ral Nil

2 Y Y Ral Ral Nil

3 Y Y Ral Ral Nil

4 Y Y Ral Ral Nil

5 Y Y Jane Eliza Marina Vacant Lock 5 Marina

6Y

Y Ral Ral Nil

7 Y Y Small Craft Marina New Lock 5 mooring in 17/18

8Y

Y Any site New Lock 5 mooring in 17/18

9 Y Y Small Craft Marina New Lock 5 mooring in 17/18

10Y

Y Any site Small Craft Marina Storage Permit

11Y

Y Small Craft Marina Small Craft Marina Storage Permit

12 Y Y Any site Small Craft Marina Storage Permit

13 Y ? Ral Ral Nil - confirm boat

14 Y ? Any site Nil - confirm boat

15 Y ? Any site Nil - confirm boat

16 ? Ral Ral Remove from list - not contactable

17 Y ? Lock 5 or Ral Ral Nil - confirm boat

18 ? Ral Ral Remove from list - not contactable

19 Y N Lock 5 or Ral Ral Nil - confirm boat

20 Y N Lock 5 or Ral Ral Nil - confirm boat

21 Y N Ral Ral Nil - confirm boat



24 Y Y Riverfront New license - if compliant

25 Y Y Riverfront New license - if compliant

WAITING LIST

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Report No: 11.3 Subject: Warriuka Houseboats – Small Craft Marina Lease From: Director of Corporate and Community Services Purpose: To finalise the lease arrangements with Warriuka Houseboats. Recommendation: That pursuant to Section 38 of the Local Government Act 1999, Council authorises the affixing of the Common Seal on the Lease between Warriuka Houseboats and Council to July 2021and that the Lease then be signed by the Mayor and Chief Executive Officer. .___________________________________________________________________ Background: In June 2016 Council resolved the following.

“Warriuka Houseboats Commercial Operators Lease Moved Cr Chown

The Committee recommends to Council that delegation is given to Director of Corporate and Community Services to proceed with lease negotiations with the commercial operators of Warriuka Houseboats for the following in principle arrangements; • An agreement is drafted based on the draft term sheet and

proposed site layout attached. • The lease will include management of 8 commercial houseboat

mooring sites, access roads, parking, electricity provisions, rubbish collection and storage facilities.

• All new infrastructure and services are the responsibility of Warriuka Houseboats and any associated costs are worn by Warriuka Houseboats, including maintenance requirements.

• Council will maintain the entrance and water body areas of the marina.

• The agreement is short term in nature with an understanding that any future developments of the Jane Eliza will render the agreement terminated (with reasonable notice).

Seconded Cr Hunter CARRIED”

Since then, due to time constraints works were carried out by Council and the operator to ensure their business continuity. A lease has been developed based on the Council recommendation and term sheet that was originally provided. The final lease is attached for final review by the Committee and affixing of the common seal by Council. Relevant Legislation: Local Government Act 1999, s41 – Committees, s202 – Alienation of community land.

37


Community Plan Reference: A Positive Experience - Review and improve governance structure, policies and decision making processes on a regular basis Risk/WH&S Impact: The lease has been developed to manage requirements under Councils by-laws, insurance provisions and legislative requirements. Changes to Risk profile - LGAMLS notification required: Nil Financial Impact: Income of $4,336 PA increased by CPI per annum based on Councils fees and charges schedule. Asset Management Impact: Nil Sustainability Impact: N/A Regional Opportunities project: Nil Author: Tim Vonderwall Director of Corporate and Community Services Date: 25/10/16

38

LEASE

JANE ELIZA SMALL CRAFT MARINA

WARRIUKA HOUSEBOATS

39

THIS LEASE AGREEMENT is made the……………day of …………………………2016

Between

Renmark Paringa Council of 61 Eighteenth Street, Renmark SA 5341 (“the Council”)

and

The party identified in Item 1 of the Schedule (“the Lessee”)

BACKGROUND

A. The Council is a council constituted under the Local Government Act 1999.

B. The Council is the registered proprietor of or otherwise has care, control and management of the whole of the land identified in Item 3 of the Schedule (“the Land”).

C. The Lessee has requested and the Council has agreed to grant to the Lessee a lease of the Premises for the Permitted Use during the Term.

D. The Council and the Lessee record the terms of their agreement in this Lease.

THE PARTIES AGREE as follows:

INTERPRETATION

Introductory

In the Lease, unless the contrary intention appears:

1.1.1 a reference to this Lease is a reference to this document;

1.1.2 a reference to a clause is a reference to a clause in this Lease;

1.1.3 a reference to an Item is a reference to an item in the Schedule;

1.1.4 a reference to a Schedule is a reference to the schedule of this Lease; and

1.1.5 a reference to an Annexure is a reference to an annexure to this Lease.

40

Defined Terms

In this Lease:

“Act” means the Retail and Commercial Leases Act 1995;

“Agreed Consideration” means the Rent, Outgoings and all other consideration (whether in money or otherwise) to be paid or provided by the Lessee for any supply or use of the Premises and any goods, services or other things provided by the Council under this Lease (other than GST payable under clause Error! Reference source not found.);

“Commencement Date” means the date shown as the commencement date in Item 4 of the Schedule;

“CPI” means the consumer price index published by the Australian Bureau of Statistics for All Groups (Adelaide);

“CPI Review” means the Review Method described in clause 4.1;

“Current CPI” means the CPI number for the quarter ending immediately before the relevant CPI Review Date;

“Default Rate” means a rate of two per centum (2%) per annum greater than the published annual rate of interest charged from time to time by the Local Government Finance Authority on overdraft facilities of more than $100,000.00 and if there is more than one rate published the higher of those rates;

“GST” has the same meaning as given to that term in the GST Legislation;

“GST Legislation” means the A New Tax System (Goods and Services Tax) Act 1999 and any similar legislation;

“GST Rate” means 10% or such other percentage equal to the rate of GST imposed from time to time under GST Legislation;

“Improvements” means any alternations, additions or improvements to the Premises made by the Lessee, whether or not such improvements were approved by the Council as required under this Lease;

“Land” means the land described in Item 3 of the Schedule and includes any part of the Land;

“Legislation” means any relevant Statute or Act of Parliament (whether State or Federal) and any regulation or by-law including by-laws issued by any Council or Local Government body or authority;

41

“Lessee” means the party described as "Lessee" in Item 1 of the Schedule and where the context permits includes the employees, contractors, customers, agents and other invitees of the Lessee;

“Lessee's Equipment” means any and all fixtures and fittings and other equipment installed in or brought on to or kept in or on the Premises by the Lessee;

“Lessee's Share” means the proportion of the area that the Premises bears to the Land;

“Outgoings” means that term as defined in Item 10 of the Schedule;

“Permitted Use” means the use described in Item 8 of the Schedule;

“Premises” means the part of the Land described in Item 2 of the Schedule;

“Previous CPI” means for a CPI Review Date, the CPI number for the quarter ending immediately before the last Review Date (or if there has not been one, the Commencement Date);

“Rates and Taxes” means all present and future rates, charges, levies, assessments, duty and charges of any Statutory Authority, other department or authority having the power to raise or levy any such amounts in respect of the use, ownership or occupation of the Land or Premises and includes water and sewer charges, council rates, emergency services levy and (subject to the Act) land tax on a single holding basis;

“Review Date” means each date in Item 6 of the Schedule;

“Review Method” means the relevant method of Rent Review specified in Item 6 of the Schedule for any Review Date;

“Statutory Authorities” means any authority created by or under any relevant Legislation;

“Statutory Requirements” means all relevant and applicable Legislation and all lawful conditions, requirements, notices and directives issued or applicable under any such Legislation;

“Term” means the term of this Lease commencing on the Commencement Date and described in Item 4 of the Schedule and any period during which the Lessee holds over or remains in occupation of the Premises; and

“Yearly Amounts” means the aggregate of the Rent, Outgoings and any other moneys payable by the Lessee during the Term.

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Interpretation

Unless the contrary intention appears:

1.1.6 headings are for convenience only and do not affect interpretation;

1.1.7 the singular includes the plural and vice-versa;

1.1.8 a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government body or authority and vice versa;

1.1.9 a reference to any party in this Lease, or any other document or arrangement referred to in this Lease, includes that party's executors, administrators, substitutes, successors and assigns;

1.1.10 a reference to any document (including this Lease) is to that document as varied, novated, ratified or replaced from time to time;

1.1.11 a reference to any statute or to any statutory provision include any statutory modification or re-enactment of it or any statutory provision substituted for it, and all by-laws, regulations;

1.1.12 "including" and similar expressions are not and must not be treated as words of limitation;

1.1.13 any special conditions in the Schedule will apply to this Lease and in the event of any inconsistency with the terms and conditions in the body of this Lease, then those special conditions will prevail; and

1.1.14 the Background is accurate and forms part of this Lease.

GRANT OF LEASE

The Council grants and the Lessee accepts a lease of the Premises for the Term as set out in this Lease.

RENT

Payment of Rent

The Lessee must pay the Rent to the Council annually in advance on the Commencement Date and within 28 days of each anniversary of the Commencement Date during the Term in the manner directed by the Council.

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Instalment

If a rent instalment period is less than a month, the instalment for that period is calculated at a daily rate based on the number of days in the month in which that period begins and the monthly instalment which would have been payable for a full month.

RENT REVIEWS

CPI Review

Where the Review Method for a Review Date is a CPI Review, the Rent is to be increased from the Review Date by the amount (expressed as a percentage) by which the current CPI exceeds the Previous CPI.

Rent Pending Determination

If the Rent to apply on and from a Review Date is not agreed or determined by that Review Date, the Lessee must continue to pay instalments of Rent at the rate before the relevant Review Date until the Rent is determined.

Adjustment Once Rent Determined

Once the Rent to apply on and from a Review Date is determined, the Lessee will pay any shortfall, and the Council will allow any adjustment for overpayment at the next Payment Date.

No Decrease in Rent

Subject to the provisions of the Act, the Rent will not decrease on a Review Date.

OUTGOINGS

Liability for Outgoings

The Lessee must pay to the Council when due all Outgoings (including, subject to the Act, Rates and Taxes) levied, assessed or charged in respect of the Premises or the Land, or upon the owner or occupier of the Premises or the Land.

Lessee's Share

If any Outgoings are not separately assessed or charged in respect of the Premises, the Lessee must pay the Lessee's Share of any such Outgoing.

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Power and Other Utilities

1.1.15 The Lessee will be responsible for and pay when due the full amount of all accounts, invoices, assessments and charges with regard to the consumption, use or supply of telephone, light, electricity, gas, wastewater treatment and any and all other services and utilities supplied to or used from the Premises.

1.1.16 If there is no separate meter for recording or measuring the services and utilities consumed on or from the Premises, then the Lessee must, if required by the Council, install the necessary meters at its own cost.

USE OF PREMISES

Permitted Use

The Lessee must use the Premises only for the Permitted Use. The Lessee must not use or allow the Premises to be used for any other use without the Council's prior written consent.

Operation of Lessee's Business

1.1.17 The Lessee must only use the Premises in accordance with generally accepted best practice for the Permitted Use.

1.1.18 The Lessee must conduct its operations and the Permitted Use in a good, lawful and orderly manner and to a high standard.

Statutory Requirements

The Lessee must obtain, keep current and comply with all consents, approvals, licences or other Statutory Requirements relating to:

1.1.19 the Lessee's use and occupation of the Premises;

1.1.20 the nature of the business or operations conducted on the Premises by the Lessee; or

1.1.21 any deliberate or negligent act or omission of the Lessee;

including (but not limited to) any requirements for building works or modifications to the Premises (whether structural or otherwise) and requirements of the Environment Protection Authority contained in any licence relating to the Premises.

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Signs

The Lessee must not place any signs or advertisements on the Premises, except a sign or signs advertising or promoting the name and nature of the business conducted on the Premises by the Lessee and which:

1.1.22 are approved (in writing) by the Council; and

1.1.23 comply with any relevant Statutory Requirements.

Dangerous Equipment and Installations

The Lessee will not install or bring onto the Premises except insofar as may reasonably be required in connection with the Permitted Use and with the consent of the Council:

1.1.24 any electrical, gas powered or other machinery or equipment which may pose a danger, risk or hazard to the Premises or any people;

1.1.25 any chemicals or other dangerous substances which by their nature, or their volume, may pose a danger, risk or hazard to the Premises or any people; or

1.1.26 any heavy equipment or items which may damage the Premises.

Notice of defect

The Lessee must:

1.1.27 give the Council prompt notice of any circumstance or event of which the Lessee should reasonably be aware that might cause danger, risk or hazard to the Premises or to any person on the Premises; and

1.1.28 if required by the Council, promptly rectify any defect or want of repair to make the Premises safe from any danger, risk or hazard, at the Lessee’s own cost.

Security

To use the Lessee's best endeavours to protect and keep safe the Premises and any property contained in or on it from theft or robbery, including (where applicable) keeping all doors windows and other openings closed and locked when the Premises are not in use.

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No Warranty

The Council makes no warranty or representation regarding the suitability of the Premises (structural or otherwise) for the Permitted Use or any other purpose, and the warranty of fitness for purpose provided under section 18 of the Act is expressly excluded by the Council in this Lease.

INSURANCE

Lessee must insure

The Lessee must keep current during the Term, for the Premises and the Lessee's Equipment:

1.1.29 public liability insurance for at least the amount in Item 9 of the Schedule (or any other amount the Council reasonably requires) for each claim;

1.1.30 all insurance in respect of the Lessee's Equipment and any Improvements for their full replacement value;

1.1.31 insurance of the Premises against damage by fire, storm, tempest, earthquake, flood, explosion, lightning, malicious damage, removal of debris, architect's and engineers fees and other such risks as the Council thinks fit from time to time for the full reinstatement value; and

1.1.32 other insurances required by law or which the Council reasonably requires for at least the amounts the Council reasonably requires.

Requirements for policies

1.1.33 Each policy the Lessee takes out under this clause 7 must:

(a) note the Council as an interested party;

(b) have no limit on the number of claims that can be made under it;

(c) cover events occurring during the policy's currency regardless of when claims are made; and

(d) note that despite any similar policies of the Council, the Lessee's policies will be primary policies.

1.1.34 Any proceeds of a claim in respect to the insurance policy set out in clause 7.1.3 that are received by the Council or the Lessee shall be applied towards reinstatement, rebuilding, repair or replacement of the Premises.

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Evidence of Insurance

On or before the Commencement Date, the Lessee must give the Council certificates evidencing the currency of the policies the Lessee has taken out under this clause 7. During the Term the Lessee must:

1.1.35 pay each premium before it is due for payment;

1.1.36 give the Council certificates of currency each year when the policies are renewed and at other times upon the Council’s request;

1.1.37 not allow any insurance policy to lapse or vary without the Council's consent; and

1.1.38 notify the Council immediately if a policy is cancelled or if an event occurs which could prejudice or give rise to a claim under a policy.

Insurance affected

1.1.39 The Lessee must not do anything which will or may:

1.1.40 prejudice any insurance required under this clause 7; or

1.1.41 increase the premium for any insurance required under this clause 7.

1.1.42 If the Lessee does anything (without the Council's consent) that increases the premium of any insurance the Council has in connection with the Premium, the Lessee must pay the amount of that increase to the Council on demand.

REPAIR, MAINTENANCE AND ALTERATIONS

Maintain, Replace and Repair

1.1.43 Subject to the Act, and in accordance with the Lessee’s obligations under clause 8.1.2, the Lessee must at all times during the Term, at the Lessee’s own expense and without any notice or demand from the Council, keep, maintain, repair and replace (as applicable) to the reasonable satisfaction of the Council the Premises, the Lessee’s Equipment and the Improvements such that they are in good repair, condition and working order (including, subject to the Act, such structural and capital maintenance, repair and replacement as is necessary from time to time).

1.1.44 The Lessee must maintain, repair or replace items in or attached to the Premises which are damaged or worn with items of the same or similar quality to those in use when they were last replaced with the Council’s

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approval, or if they have not been so replaced, to those in use when the Lessee took occupation of the Premises.

Alterations by Lessee

1.1.45 The Lessee must not carry out any or undertake any Improvements to the Premises without the Council's prior written consent.

1.1.46 The Lessee must provide full details to the Council (including plans and specifications where relevant) of any proposed Improvements to the Premises.

1.1.47 The Council may impose any conditions it considers necessary if it gives its approval, including requiring the Lessee to obtain the Council's consent to any agreements that the Lessee enters into in relation to the Improvements.

1.1.48 The Lessee must carry out any approved Improvements at its own cost and:

(a) in a proper and workmanlike manner;

(b) in accordance with the conditions imposed by the Council (if any);

(c) in accordance with all Statutory Requirements; and

(d) in a way so as to minimise disturbance to others.

1.1.49 The Lessee will pay all of the Council's costs (including consultant's costs and legal costs) as a result of considering the Lessee's proposed Improvements to the Premises (whether or not consent is ultimately granted by the Council).

1.1.50 Unless the Council notifies the Lessee in writing otherwise, any Improvements to the Premises will remain the property of the Lessee during the Term and the Lessee will be responsible for maintaining such Improvements in accordance with this Lease.

Cleaning

The Lessee must at the Lessee’s cost and expense and at all times during the Term:

1.1.51 keep the Premises clean and tidy and free from rubbish;

1.1.52 keep the Premises free of vermin, insects and other pests; and

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1.1.53 not cause the Premises to be left untidy or in an unclean state or condition.

ASSIGNMENT AND SUB-LETTING

Assignment

The Lessee must not assign the Lessee's interest in the Premises or any part of it under this Lease without the consent of the Council which consent may be withheld in the Council's absolute discretion unless the Act applies to this Lease, in which case the Council’s consent may be withheld by the Council only if:

1.1.54 the proposed assignee proposes to change the use to which the Premises is put;

1.1.55 the proposed assignee is unlikely to be able to meet the financial obligations of the Lessee under the Lease;

1.1.56 the Council reasonably considers that the proposed assignee's business skills are inferior to those of the Lessee; or

1.1.57 the Lessee has not complied with procedural requirements for obtaining the Council's consent as set out in section 45 of the Act.

Request for Assignment

If the Lessee requests that the Council consent to any assignment, transfer or parting with possession of the Premises (or any part of it), the Lessee must immediately on receipt of a request to do so from the Council:

1.1.58 pay all arrears of Rent any other moneys outstanding under this Lease and remedy all outstanding breaches and defaults and pay to the Council or its solicitors or agents such sum of money as is reasonably estimated by the Council as being required to remedy such breaches or defaults;

1.1.59 submit a true copy of all agreements to be entered into in respect of any proposed dealing with the Lease or the Premises including a true copy of any business sale agreement entered into by the Lessee as vendor, if applicable, and evidence satisfactory to the Council that the proposed transferee or assignee is respectable responsible solvent and suitable and any other information reasonably required by the Council about the financial standing and business experience of the proposed transferee or assignee;

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1.1.60 if the proposed assignee or transferee is a trustee of a trust to submit a copy of the instrument under which such trust was constituted and the full names addresses and occupations of the beneficiaries of such trust;

1.1.61 procure the proposed assignee or transferee to submit to the Council a business plan setting out the proposed assignee's plans, intentions and projections concerning the business conducted at the Premises (and containing such details and particulars as are reasonably required by the Council); and

1.1.62 pay to the Council or its solicitors the reasonable costs and expenses of and incidental to any inspection of the Premises and enquiries concerning the proposed dealing or the persons concerned in such dealing and of the perusal, preparation, negotiation and stamping of the documents deemed necessary by the Council;

and if such consent is given the Lessee shall ensure that prior to the date of any assignment or transfer the person to whom it is proposed to assign or transfer enters into a direct covenant with the Council to observe the terms of this Lease and furnishes such guarantees of the performance of such person's obligations under this Lease as the Council may reasonably require.

Sub-lease, Mortgage or Licence

1.1.63 The Lessee may not:

(a) grant any sub-lease, licence or concession for the whole or part of the Premises;

(b) otherwise part with possession of the whole or a part of the Premises; or

(c) mortgage or otherwise charge or encumber the Lessee's interest under this Lease;

1.1.64 without the prior written consent of the Council which the Council may withhold in its absolute discretion.

No Release

Subject to the Act, where the Council grants consent or is deemed to grant consent to an assignment, the Lessee as assignor will not be released or discharged from its current and future obligations and liabilities under this Lease for the balance of the Term.

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COUNCIL'S OBLIGATIONS AND RIGHTS

Quiet Enjoyment

Subject to the Council's rights and to the Lessee complying with the Lessee's obligations under this Lease, the Lessee may occupy the Premises during the Term without interference from the Council.

Right to enter

The Council may (except in the case of emergency when no notice will be required) enter the Premises after giving the Lessee reasonable notice:

1.1.65 to see the state of repair of the Premises, the Lessee’s Equipment or any Improvements;

1.1.66 to do repairs or other works to the Premises as required or permitted to be undertaken by the Council under this Lease and, for this purpose, interrupt any services to the Premises as necessary to undertake the repairs or works; or

1.1.67 to do anything the Council must or may do under this Lease or must do under any law or to satisfy the requirements of any Statutory Authority.

Emergencies

In an emergency the Council may prevent the Lessee from entering onto the Premises for so long as the emergency circumstances persist.

Right to rectify

1.1.68 Subject to clause 0, the Council may at the Lessee's cost do anything which the Lessee should have done under this Lease but which the Lessee has not done or which the Council reasonably considers the Lessee has not done properly.

1.1.69 Prior to undertaking any works as permitted by clause 1.1.65, the Council must first provide the Lessee with a notice of defects or works required to be undertaken by the Lessee, which notice must provide a reasonable period for the Lessee to rectify the defects or undertake the required works.

1.1.70 The Lessee will not make any claim or commence or maintain any suit or action against the Council for breach of the covenant contained in clause

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10.1 or otherwise in consequence of such entry or in execution of any of the works contemplated by this clause 10.3.

Maintenance and repair

1.1.71 Subject to the Act, the Lessee acknowledges and agrees that the Council has no obligation to maintain or repair the Premises, the Lessee’s Equipment or any Improvements.

1.1.72 Notwithstanding clause 10.5.1, the Council acknowledges and agrees that throughout the Term, the Council will maintain the waterways to ensure they are not obstructed and can be accessed by vessels.

DAMAGE OR DESTRUCTION

If the Premises or any part of the Premises is damaged:

1.1.73 and as a result of that damage, the Premises cannot be used for the Permitted Use or is inaccessible, then for the period during which the Premises cannot be so used or is inaccessible, the Lessee will not be obliged to pay any Yearly Amounts in respect of that period; or

1.1.74 and the Premises can still be used for the Permitted Use but the level or extent of useability is diminished due to the damage, the Lessee's liability for Yearly Amounts attributable to a period during which such useability is diminished will be reduced in proportion to the reduction in useability caused by the damage. If the Council and the Lessee are unable to agree within fourteen (14) days as to the proportion by which the Yearly Amounts should be reduced, then an independent arbiter must be appointed to make a determination. The cost of the arbiter shall be borne by the parties equally.

If the Council notifies the Lessee in writing that the Council considers that damage to the Premises is such as to make its repair impractical or undesirable, the Council or the Lessee may terminate this Lease by giving not less than seven (7) days written notice to the other party.

If the Council does not terminate this Lease under clause 11.2 and the Council fails to repair the damage within a reasonable time after the Lessee has requested the Council in writing to do so, the Lessee may terminate this Lease by giving not less than seven (7) days written notice to the Council.

If this Lease is terminated by either party under this clause 11 then the rights and obligations of the Council and the Lessee will come to an end but if any breach by

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either party still exists at that time, then the rights of the other party with regard to that existing breach will continue.

If the damage to the Premises results from a deliberate or negligent act or omission of the Lessee, then the Lessee will not be relieved of its obligation to continue to pay the Yearly Amounts (and the provisions of clause 11.1 will not apply) unless:

1.1.75 the Council has an insurance policy covering loss of rent from the Premises as a consequence of that damage;

1.1.76 the Council is able to recover payment under that policy; and

1.1.77 the Lessee has contributed to the cost of that insurance as an Outgoing under this Lease and is not in breach or in arrears of any such contribution;

in which case the obligation of the Lessee to continue to pay the Yearly Amounts will be reduced by an amount equivalent to the payment (if any) received under that insurance policy.

The provisions of this clause 11 do not prejudice or alter the rights and entitlements of the Council to recover loss and damage from the Lessee if and to the extent that the damage to the Premises is caused or contributed to by any deliberate or negligent act or omission on the part of the Lessee.

RENEWAL

Rights of Renewal

No right of renewal is extended to the Lessee under this Lease.

RIGHTS AND OBLIGATIONS ON EXPIRY

Expiry

This Lease will come to an end at midnight on the last day of the Term unless it is terminated earlier by the Council or the Lessee under any other provision of this Lease, in which case it will come to an end when such earlier termination is effected.

Handover of Possession

1.1.78 Before this Lease comes to an end, the Lessee will:

(a) remove all of the Lessee's Equipment and repair any damage caused by such removal;

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(b) if required by the Council, remove any Improvements and reinstate, to the Council’s satisfaction, the Premises to the condition it was immediately prior to the Lessee having commenced occupation; and

(c) carry out and complete any repairs and maintenance which the Lessee is obliged to carry out under this Lease,

1.1.79 such that the Premises are handed over to the Council in good order and repair and working condition.

1.1.80 If it is not practical for the Lessee to undertake and complete these requirements before the Lease comes to an end, then the Lessee must undertake such works immediately after the Lease comes to an end in accordance with any reasonable requirements of the Council relating to security, access and time for completion.

1.1.81 When this Lease comes to an end the Lessee will:

(a) hand over vacant possession of the Premises in good repair and condition; and

(b) hand over to the Council all keys and other security devices for the Premises which the Lessee has in its possession or control.

1.1.82 If at the time that possession of the Premises is given back to the Council, the Lessee has not complied with all or any of its obligations under this clause 13.2, the Lessee will not be relieved of its obligation to comply with those requirements, or to compensate the Council for failure to do so, by reason of the fact that the Council has accepted or taken possession of the Premises.

Ownership of Improvements

If, during the Term of this Lease the Lessee has undertaken any Improvements to the Premises, then upon expiration of the Term or earlier determination of this Lease, the Council may:

1.1.83 direct that the Improvements are to remain on the Premises, in which case the Improvements will form part of the Land upon expiration of this Lease and will become the property of the Council and the Lessee will forfeit to the Council (without payment of any compensation or consideration by the Council) any interest the Lessee has in the Improvements; or

1.1.84 direct that the Improvements be removed and the Premises be reinstated in accordance with clause 13.2.1 of this Lease.

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Abandoned Goods or Improvements

Subject to the requirements of the Act (if applicable) if, when this Lease comes to an end, or within a reasonable time following expiration of this Lease:

1.1.85 the Lessee leaves any goods or the Lessee’s Equipment at the Premises, then the Council will be entitled to deal with and dispose of those items as the Council sees fit, including (but not limited to) selling those items with any profits from such sale to be retained by the Council; or

1.1.86 the Lessee has failed to remove the Improvements as required by clause 13.2.1, then the Council may undertake such rectification works as required to be undertaken by the Lessee and recover the cost of those rectification works from the Lessee as a debt.

BREACH

Payment Obligations

1.1.87 The Lessee must make payments due under this Lease:

(a) without demand (unless this Lease provides demand must be made);

(b) without set-off, counter-claim, withholding or deduction;

(c) to the Council or as the Council directs; and

(d) by direct debit or such other means as directed by the Council.

1.1.88 If a payment is stated to be due on a particular Payment Date (such as the next Payment Date or the first Payment Date after an event) and there is no such Payment Date, the Lessee must make that payment on demand.

Default, Breach and Re-Entry

In the event that:

1.1.89 any money (or part of any money) payable under this Lease is outstanding for seven (7) days after any day on which the same ought to have been paid (although no formal or legal demand has been made);

1.1.90 the Lessee commits, permits or suffers to occur any breach, or default in the due and punctual observances and performance of any of the covenants, obligations and provisions of the Lease, and such breach or

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default has continued for at least fourteen (14) days following service of a notice of default on the Lessee by the Council;

1.1.91 any property in or on the Premises is seized or taken in execution under any judgment or proceedings; or

1.1.92 the Premises are left unoccupied for one (1) month or more without the Council's consent.

then despite any other clause of this Lease the Council at any time has the right to re- enter into and upon the Premises and to repossess and enjoy the Premises as its own estate, and/or to terminate this Lease.

Rights of Council Not Limited

In the event the Council exercises its rights under clause 14.2 of this Lease:

1.1.93 such action will not exclude, limit or prejudice any other action or remedy which the Council has or might have or otherwise could have for any breach of this Lease by the Lessee (including but not limited to any loss or damage suffered by the Council as a result of such breach); and

1.1.94 the Council will be freed and discharged from any action, suit, claim or demand by or obligation to the Lessee under or by virtue of the Lease.

Repudiation and Damages

1.1.95 The Lessee acknowledges that the following obligations under this Lease are essential terms:

(a) the obligation to pay Rent;

(b) the obligation to pay Rates and Taxes;

(c) the obligation to pay Outgoings;

(d) the obligations and prohibitions in relation to use of the Premises; and

(e) the restriction on assignment, sub-letting, mortgaging and licensing.

1.1.96 If the Council accepts payment of any money late or does not act or exercise any rights immediately or at all in respect of any breach of an essential term, that conduct on the part of the Council will not be deemed to amount to a waiver of the essential nature of that essential term.

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1.1.97 If the Lessee breaches any essential term, that conduct on the part of the Lessee will be deemed to constitute a repudiation of this Lease and the Council may at any time thereafter rescind this Lease by accepting that repudiation.

1.1.98 The Lessee agrees that if this Lease is terminated by the Council because of a breach by the Lessee of an essential term, or if the Lessee repudiates this Lease and the Council accepts that repudiation thereby rescinding this Lease, the Lessee will be obliged to pay compensation to the Council including rent and other money which the Council would otherwise have received under this Lease had the Lessee not breached an essential term or repudiated this Lease.

1.1.99 The rights of the Council under this clause 14.4 and any action taken by the Council do not exclude or limit any other rights or entitlements which the Council has under this Lease or at law in respect of any breach or repudiatory conduct on the part of the Lessee.

Council's Rights on Breach

If the Lessee is at any time in breach of any of it's obligations under this Lease, and the Lessee fails to remedy that breach to the satisfaction of the Council after being requested by the Council to do so, the Council and anybody authorised by the Council for that purpose may at any time come onto the Premises without notice and do all things necessary to remedy that breach. The Lessee must pay or reimburse the Council for all costs and expenses incurred in that regard which the Council may recover from the Lessee as a debt due and payable on demand.

Landlord and Tenant Act

In the case of a breach or default of any term of this Lease where notice is required to be given pursuant to Section 10 of the Landlord and Tenant Act 1936, such notices will provide that the period of fourteen (14) days is the period within which the Lessee is to remedy any such breach or default if it is capable of remedy or to make reasonable compensation in money to the satisfaction of the Council.

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HOLDING OVER

If, with or without the Council's consent, the Lessee continues to occupy the Premises after the end of this Lease, the Lessee does so as a monthly tenant which:

either party may terminate on one (1) month's notice given at any time; and

is on the same terms as this Lease.

INDEMNITY AND RELEASE

Risk

The Lessee occupies and uses the Premises at the Lessee's risk.

Indemnity

The Lessee is liable for and indemnifies the Council against all actions, liabilities, penalties, claims or demands for any loss, damage, injury or death incurred or suffered directly or indirectly in connection with:

1.1.100 any act or omission of the Lessee;

1.1.101 the overflow or leakage of water or any other harmful agent into or from the Premises;

1.1.102 any fire on or from the Premises;

1.1.103 loss or damage to property or injury or death to any person caused by the Lessee, the use of the Premises by the Lessee or otherwise relating to or occurring on the Premises;

1.1.104 a breach of this Lease by the Lessee; or

1.1.105 the Lessee's use or occupation of the Premises.

Release

The Lessee releases the Council from all actions, liabilities, penalties, claims or demands for any damage, loss, injury or death occurring in the Premises except to the extent that they are caused by the Council's negligence.

Indemnities are independent

Each indemnity is independent from the Lessee's other obligations and continues during this Lease and after this Lease ends. The Council may enforce an indemnity before incurring expense.

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Council's liability

Despite anything else in the Lease, the Council will not be liable (except to the extent of any negligence of the Council) for any loss or damage, and the Lessee has no right to terminate this Lease or reduce payments under this Lease, for any acts or omissions of other occupants of the Land including any members of the public.

GOODS AND SERVICES TAX

Agreed Consideration

If a GST applies to impose tax on the Agreed Consideration or any part of it or if the Council is liable to pay GST in connection wit this Lease or any goods, services or other things supplied under this Lease then:

1.1.106 the Agreed Consideration for that supply is exclusive of GST;

1.1.107 the Council may increase the Agreed Consideration or the relevant part of the Agreed Consideration by a percentage amount which is equal to the GST rate; and

1.1.108 the Lessee shall pay the increased Agreed Consideration on the due date for payment by the Lessee of the Agreed Consideration.

Tax Invoice

Where the Agreed Consideration is to be increased to account for GST under this clause 17, the Council will, on or before the date on which the Agreed Consideration is payable, issue a tax invoice to the Lessee.

Liability for Penalties

If the Lessee does not comply with its obligations under the Lease or with its obligations under GST Legislation in connection with this Lease and as a result the Council becomes liable for penalties or interest for late payment of GST, then the Lessee must pay the Council on demand an amount equal to the amount of the penalties and interest.

COUNCIL’S DISCRETION

The Council enters into this Lease as a council acting under sections 7 and 36 of the Local Government Act 1999 and not in any other capacity. This Lease does not preclude or pre-empt the exercise by the Council of any other regulatory function or power.

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RETAIL AND COMMERCIAL LEASES ACT

If the Act applies to this Lease, then:

this Lease will be read and interpreted subject to the provisions of the Act and, to the extent to which there is any inconsistency with the provisions of the Act, those provisions of the Act will override the terms of this Lease;

any right, power or remedy of the Council or obligation or liability of the Lessee which is affected by the Act (if applicable) will be unenforceable or void but only to the extent that it is expressly made unenforceable or void by the Act;

the Lessee acknowledges that, prior to the Council and the Lessee entering into negotiations concerning this Lease the Lessee received a copy of the proposed Lease; and

the Lessee acknowledges that, prior to the Lessee executing this Lease the Lessee received a duly completed written disclosure statement in the form required under and pursuant to the Act and the Regulations under the Act.

GENERAL

Costs

1.1.109 The Lessee will pay one half of the Council’s legal costs of and incidental to the preparation negotiation and execution of this Lease.

1.1.110 The Lessee will pay the Council’s reasonable legal costs and other expenses incidental to any application by the Lessee for the consent of the Council to any transfer or assignment by the Lessee of this Lease or the Lessee's interest in it, or to any sub-letting by the Lessee, or to any mortgage, charge or encumbrance over the interest of the Lessee under this Lease or in the Lessee’s Equipment or the Improvements (whether consent is granted or lawfully refused).

Consent

1.1.111 Unless otherwise provided in this Lease, in any case where the doing or execution of any act, matter or thing by the Lessee requires or is subject to the Council's consent or approval, that consent or approval may be given (conditionally or unconditionally) or withheld by the Council in its absolute discretion.

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1.1.112 The Lessee must pay or reimburse the Council all costs, fees and expenses paid or incurred (including any fees of any agent or consultant) arising from or with respect to any application for consent or approval.

No absolute caveat

The Lessee must not lodge or caused or permit to be lodged any absolute caveat over the certificate of title for the Premises.

Confidentiality

1.1.113 Subject to applicable laws, this Lease is confidential and must not be published, disclosed or used for any purpose by either party without the prior written consent of the other party.

1.1.114 Subject to applicable laws, the Lessee must keep confidential any information about the Council that becomes known as a result of this Lease or the transactions it contemplates and, which information is not in the public domain.

1.1.115 This clause will remain enforceable by either party notwithstanding the expiry or termination of this Lease.

Waiver

If the Council accepts or waives any breach of this Lease by the Lessee, that acceptance or waiver cannot be taken as an acceptance or waiver of any future breach of the same obligation or of any other obligation under this Lease.

Notice

1.1.116 Without excluding any other form of service, any notice required to be given or served will be sufficiently given or served as follows:

1.1.117 in the case of the Lessee, if left at the Premises, or if the Lessee has vacated the Premises, then if posted by pre-paid post to the last known address of the Lessee;

1.1.118 in the case of the Council, if posted by prepaid post to the Council at its principal place of business in South Australia (which is taken to be the address stated in this Lease unless the Lessee is or ought reasonably be aware that that is not the Council's principal place of business at the relevant time).

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1.1.119 Notice served by prepaid post will be deemed to have been given or served three (3) business days after posting.

Ombudsman

The Lessee acknowledges that the Ombudsman Act 1972 empowers the Ombudsman to investigate matters in the public interest. The Lessee must ensure compliance with all obligations arising under that Act and all applicable Legislation.

Severance

If any part of this Lease is found to be invalid or void or unenforceable, then that part will be severed from this Lease and the remainder of this Lease will continue to apply.

Entire Agreement

The Council and the Lessee acknowledge and agree that this Lease contains and represents the entire agreement reached between them with regard to the Premises and that no promises, representations or undertakings, other than those contained in this Lease, were made or given or relied upon.

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Executed as an agreement on the…............... day of …………………………….. 2016

Executed for and on behalf of the Council under delegated authority by .............................................................. ............................................................... Sign Witness Sign .............................................................. ............................................................... Name Witness Name .............................................................. Position IMPORTANT NOTICE: The Lessee acknowledges and agrees that the Council gives no warranty that the Premises will, either at the Commencement Date or for the duration of the Lease, be structurally suitable for the Permitted Use.

Executed by the Lessee: .............................................................. ............................................................... Full Name of Witness Signature of Lessee .............................................................. Signature of Witness

If the Lessee is a company Executed by the Lessee in accordance with section 127(1) of the Corporations Act 2001: .............................................................. ............................................................... Signature of Director Signature of Director/Secretary .............................................................. ............................................................... Name of Director Name of Director/Secretary

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SCHEDULE

ITEM 1 Lessee

WARRIUKA HOUSEBOATS, ABN 18 834 315 177

ITEM 2 Premises

That portion of the Land being the land shown as Jane Eliza Small Craft Marina on the plan attached as Annexure A

ITEM 3 Land

The whole of the land comprised in Certificate of Title Volume 5782 Folio 742 being more commonly known as the Jane Eliza Small Craft Marina

ITEM 4 Term

5 years commencing on 1st July 2016 (“the Commencement Date”) and expiring at midnight on 31st June 2021.

ITEM 5 Rent

Four thousand three hundred and thirty six dollars ($4,336) per annum (plus GST) payable annually in advance.

ITEM 6 Review Dates and Review Method

Review Dates

The Rent as stated in Item 5 will be reviewed annually on each anniversary of the Commencement Date of this Lease

Review Method

CPI Review

ITEM 7 Renewal Term

Not Applicable

ITEM 8 Permitted Use

To undertake a houseboat hiring business for up to 8 vessels and associated activities including:

• provision of car parking facilitites; • provision of black and grey water pumping service for

vessels; and • storage of houseboat equipment.

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ITEM 9 Public Liability Insurance

Coverage of at least twenty million dollars ($20,000,000.00) per claim

ITEM 10 Outgoings

“Outgoings” means the total of all amounts paid or payable by the Council in connection with the ownership, management, administration and operation of the Premises including (but not limited to):

if the Premises are not separately levied or assessed for any Rates and Taxes, then any such Rates and Taxes which are levied or assessed in respect of the Land;

the cost of insuring the Premises;

the cost of insuring the Council against public risk;

the amount of any excess or deductible not paid or excluded under any insurance policy taken out by the Council;

the cost of insuring the Council against loss of rent and other consequential loss for a period not exceeding twelve (12) months; and

all costs of the Council in connection with the maintenance, repair, replacement and renovation of the Premises from time to time.

Item 11 Special Conditions

NO ALCOHOL

The Lessee must not:

serve, sell or provide to persons; or

consume or allow persons to consume;

alcohol or alcoholic beverages on the Premises without the consent of the Council.

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RESUMPTION

The Council may terminate this Lease by giving at least three (3) months’ written notice to the Lessee if the Council receives notice of resumption or acquisition of the Premises or the Land (or any part of the Land affecting the Premises) from or by any Statutory Authority.

The Council may terminate this Lease immediately by giving written notice to the Lessee if the Premises or the Land (or any part of the Land affecting the Premises) is Crown land dedicated to a particular purpose and:

it is withdrawn from the Council’s care control and management;

the purpose for which it has been dedicated is altered under section 18 of the Crown Land Management Act 2009 (SA); or

the dedication is revoked under section 19 of the Crown Land Management Act 2009 (SA) or other legislation.

Termination of this Lease under this Special Condition releases each party from further liability under this Lease, but does not affect a party’s rights or liabilities for a prior breach.

REDEVELOPMENT

If, as part of any redevelopment, asset rationalization or other project conducted by the Council which includes the Premises or the Land (“the Redevelopment”), the Council wishes to acquire vacant possession of the Premises or any part of it, then the Council will be entitled to terminate this Lease subject to the following conditions:

the Council must provide the Lessee with details of the proposed Redevelopment sufficient to indicate a genuine proposal to carry out that Redevelopment

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within a reasonably practicable time after this Lease is to be terminated; and

at any time after providing the Lessee with those details, the Council may give the Lessee written notice of termination of this Lease (“the Termination Notice”) specifying the date on which this Lease is to come to an end, being a date not less than six months after the Termination Notice is given;

at any time after receiving a Termination Notice, the Lessee may terminate this Lease by giving not less than seven (7) days’ written notice to the Council;

unless terminated earlier by the Lessee this Lease comes to an end at midnight on the day specified in the Termination Notice (as the case may be);

when either party terminates this Lease under this Special Condition, the rights and obligations of the Council and the Lessee under this Lease come to an end, except with regards to an existing breach (for which the parties’ rights will continue after termination of this Lease); and

the Council will use its best endeavours to enter into a new lease with the Lessee in respect of an alternative location that is suitable to the parties (if one exists).

COMMON AREAS

The Lessee acknowledges and agrees that:

during the Term of this Lease, the Council may from time to time designate certain roads, driveways, carparks, footpaths and other areas on the Land as common areas (“the Common Areas”);

the Lessee is granted a non-exclusive licence to access the Common Areas, only for the purpose of accessing the Premises;

the Council may grant rights to third parties to use

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and access the Common Areas together with the Lessee;

the Lessee will immediately comply with any directions given by the Council with respect to the Common Areas, and the Council may restrict access to any or all of the Common Areas at any time during the Term;

the Lessee indemnifies the Council against any actions, liabilities, penalties, claims or demands for any damage, loss, injury or death occurring on the Common Areas as a result of:

any act or omission of the Lessee on the Common Areas; or

the Lessee’s use or occupation of the Common Areas; and

the Lessee releases the Council from all actions, liabilities, penalties, claims or demands for any damage, loss, injury or death:

occurring on the Common Areas;

resulting from any direction given by the Council under this Special Condition; or

resulting from any restriction on access to the Common Areas or the Premises,

except to the extent that they are caused by the Council's negligence.

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Annexure A

Plan of Premises

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Report No: 11.4 Subject: Commercial Operators License Boatel From: Director of Corporate and Community Services Purpose: Seek Council support to begin conversations with the operators of the Boatel for the development of a draft license to be brought back to Councils Lease Committee for final viewing and approval. Recommendation: That the lease committee recommends to Council that they delegate to the Director of Corporate Community Services to seek relevant information in the development of a draft license with the Boatel operators. The license will be based on existing Commercial Operators License agreements and conditions. A report is brought back once a draft license is developed for final viewing and approval via Councils Lease Committee. ___________________________________________________________________ Background: In June of 2016, Council received a request from Wendy Dowling, the operator of the Boatel house boat in Renmark to operate commercial activities from Councils wharf. The correspondence is attached to this report. Following the correspondence, Council staff have met with the Boatel operators to understand their situation further. The operator also showed interest in a similar arrangement at the Small Craft Marina to Warriuka Houseboats. Council staff explained that this would require infrastructure upgrades at the cost of the business operator. The Boatel operators advised that they would write to Council seeking to explore this option further. Since that meeting in July, Council has not received correspondence from the Boatel operators regarding the Small Craft Marina. Council staff have also addressed various compliance issues with the operator. Considering that significant time has lapsed and the operators are active on the riverfront, it is proposed that Council proceeds with developing a commercial operator’s license. This will ensure that Council understands where the boat is moored and that relevant insurances are in place. Council has an existing agreement template, which is an annual license with clearly stipulated conditions which are also attached to the report. The conditions address important issues and risks such as;

• Operating schedules • Mooring of the vessel is adequate • Litter and cleanliness • Refueling • Repairs • Insurances and Licenses

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If this recommendation is approved, Council staff will explain the terms to the operator and gather relevant information prior to developing a final agreement and recommendation to Councils Lease Committee. Relevant Legislation: Local Government Act 1999, s41 – Committees, s202 – Alienation of community land. Community Plan Reference: 2.2.1 Work in collaboration with Destination Riverland to promote the area’s food and wine credentials Risk/WH&S Impact: The license has been developed to manage requirements under Councils by-laws, insurance provisions and legislative requirements. Changes to Risk profile - LGAMLS notification required: Nil Financial Impact: Nil – a fee of $220 will be charged, if the license is approved. Asset Management Impact: Insurance ensures that the Sublicensee’s insurance cover extends to damage caused to the Renmark Town Wharf by the vessel. Sustainability Impact: N/A Regional Opportunities project: Nil Author: Tim Vonderwall Director of Corporate and Community Services Date: 25/10/16

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From: Admin - House Boat Escape [mailto:[email protected]] Sent: Friday, 3 June 2016 11:26 AM To: Marion Young Subject: E/616/1467 - ATTN: MR TIM VONDERWALL ATTN: MR TIM VONDERWALL Hi Tim We would like to apply to Council for a Waterfront Loading Zone to be utilised as a departure point for our 10 berth houseboat BOATEL www.dreamboatel.com.au. We are currently loading passengers at the Renmark Town Wharf and would like to apply for an official permit to be able to do so. We only require a small area of no more than 10 metres and the use of 2 tie up posts. We would request the use of this loading zone between the hours of 9am and 3pm on weekends only. Could you please confirm if this is a viable request and the process we are required to undertake. Please feel free to contact me, at anytime, with any questions that may arise. Kind regards BOATEL HOUSEBOAT Wendy Dowling Concierge PHONE 1300 79 11 42 EMAIL [email protected] VIEW www.dreamboatel.com.au VISIT www.houseboatescape.com.au

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mailto:[email protected]

http://www.dreamboatel.com.au/

mailto:[email protected]

http://www.dreamboatel.com.au/

http://www.houseboatescape.com.au/

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Report No: 11.5 Subject: Commercial Operators License BBQ Boat From: Director of Corporate and Community Services Purpose: Seek Council support to begin conversations with the operators of the BBQ Boat in Renmark for the development of a draft license to be brought back to Councils Lease Committee for final viewing and approval. Recommendation: That the lease committee recommends to Council that they delegate to the Director of Corporate Community Services to seek relevant information in the development of a draft license with the BBQ Boat operators. The license will be based on existing Commercial Operators License agreements and conditions. A report is brought back once a draft license is developed for final viewing and approval via Councils Lease Committee. ___________________________________________________________________ Background: In September of 2016, Council received a request from Rob Hughes, the operator of the BBQ boat in Renmark to further develop his business and operate commercial activities from Councils wharf. The correspondence is attached to this report. Council has an existing agreement template, which is an annual license with clearly stipulated conditions which are also attached to the report. The conditions address important issues such as;

• Operating schedules • Litter and cleanliness • Refueling • Repairs • Insurances and Licenses

If this recommendation is approved, Council staff will explain the terms to the operator and gather relevant information prior to developing a final agreement and recommendation to Councils Lease Committee. Relevant Legislation: Local Government Act 1999, s41 – Committees, s202 – Alienation of community land. Community Plan Reference: 2.2.1 Work in collaboration with Destination Riverland to promote the area’s food and wine credentials Risk/WH&S Impact: The license has been developed to manage requirements under Councils by-laws, insurance provisions and legislative requirements. Changes to Risk profile - LGAMLS notification required: Nil Financial Impact: Nil – a fee of $220 will be charged, if the license is approved. Asset Management Impact: Insurance ensures that the Sublicensee’s insurance cover extends to damage caused to the Renmark Town Wharf by the vessel.

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Sustainability Impact: N/A Regional Opportunities project: Nil Author: Tim Vonderwall Director of Corporate and Community Services Date: 25/10/16

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Report No: 11.6 Subject: Commercial Operators License River Lady From: Director of Corporate and Community Services Purpose: Seek Council support to begin conversations with the operators of River Lady for the development of a renewed license to be brought back to Councils Lease Committee for final viewing and approval. Recommendation: That the lease committee recommends to Council that they delegate to the Director of Corporate Community Services to seek relevant information in the development of a renewed license with the operator of River Lady. The license will be based on existing Commercial Operators License agreements and conditions. A report is brought back once a draft license is developed for final viewing and approval via Councils Lease Committee. ___________________________________________________________________ Background: Council has an existing Commercial Operators License with River Lady. The license expired in January 2016. The existing agreement is an annual license with clearly stipulated conditions which are also attached to the report. The conditions address important issues and risks such as;


If this recommendation is approved, Council staff will explain the terms to the operator and gather relevant information prior to developing a final agreement and recommendation to Councils Lease Committee. Relevant Legislation: Local Government Act 1999, s41 – Committees, s202 – Alienation of community land. Community Plan Reference: 2.2.1 Work in collaboration with Destination Riverland to promote the area’s food and wine credentials Risk/WH&S Impact: The license has been developed to manage requirements under Councils by-laws, insurance provisions and legislative requirements. Changes to Risk profile - LGAMLS notification required: Nil

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Financial Impact: Nil – a fee of $220 will be charged, if the license is approved. Asset Management Impact: Insurance ensures that the Sublicensee’s insurance cover extends to damage caused to the Renmark Town Wharf by the vessel. Sustainability Impact: N/A Regional Opportunities project: Nil Author: Tim Vonderwall Director of Corporate and Community Services Date: 25/10/16

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COMMERCIAL OPERATORS LICENCE (RENMARK RIVERFRONT FACILITIES)

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1. Introduction The 1999 Local Government Act gives Councils both the power to let facilities vested in

the Council and the power to grant permits or licences for the use of those facilities. 2. Power to Lease & Licence

Section 202 of the 1999 Local Government Act provides that:

(1) A council may grant a lease or licence over community land (including community land that is, or forms part of, a park or reserve).

(2) Before the council grants a lease or licence relating to community land, it must follow the relevant steps set out in its public consultation policy.

(3) However, a council need not comply with the requirements of subsection (2) if--

(a) the grant of the lease or licence is authorised in an approved management plan for the land and the term of the proposed lease or licence is five years or less; or

(b) the regulations provide, in the circumstances of the case, for an exemption from compliance with a public consultation policy.

(4) A lease or licence is to be granted or renewed for a term (not exceeding 21 years) stated in the lease or licence (subject to the operation of Division 7).

(5) A lease or licence may provide for--

(a) the erection or removal of buildings and other structures for the purpose of activities conducted under the lease or licence;

(b) the exclusion, removal or regulation of persons, vehicles or animals from or on the land, and the imposition of admission or other charges;

(c) any other matter relevant to the use or maintenance of the land.

(6) A lease or licence must be consistent with any relevant management plan.

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CONTENTS CHECKLIST Clause No.

Description Page No.

1

Interpreting this Licence

1

2

Grant of Licence 2

3

The Licensee’s Obligations 2

3.1

Licence Fee 2

3.2

Rates, Taxes and Charges 3

3.3

Sub-Licensing 3

3.4

Use of the Facility 3

3.5

To comply with Laws 3

3.6 Sale and Consumption of Alcohol 3

3.7

Maintenance and Repair 3

3.8

Entry by the Council 4

3.9

Work Required by the Council 4

3.10

Erection/Alteration of Buildings 4

3.11

Signs 5

3.12

Offensive Activities 5

4

Indemnities and Insurance 5

4.1

Indemnity 5

4.2

Limits on the Council’s Liability 6

4.3

Public Liability Insurance 6

4.4

Property and Contents Insurance 7

4.5

Insurance Claims 7

4.6

Termination or Reduction of Fees on Damage 7

5

The Council’s Obligations 8

5.1

Quiet Possession 8

6 Mutual Obligations 8

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6.1

Ownership of Improvements 8

7

Default by Licensee 8

7.1

Termination 8

7.2

Surrender 9

8

Other Rights and Obligations 9

8.1

The Council able to Undertake Works 9

8.2

Resumption 9

8.3

Renewal 9

8.4

Holding Over 10

8.5

Waiver 10

8.6

Notices 10

8.7

Severance 10

8.8

Entire Agreement 10

8.9

No Warranty 10

8.10

Special Conditions 10

Agreement 11

The Schedule

12,13

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LICENCE

BETWEEN:

Renmark Paringa Council (“the Council”) 61 18th St, Renmark SA 5341

AND:

River Lady Eco Cruises (“the Licensee”) BACKGROUND:

A. This Licence is issued pursuant to Section 202 of the 1999 Local Government Act.

B. The Facility described in Item 2 of the Schedule (“the Facility”) is owned or controlled by the Council.

C. The Licensee has requested a licence to use the Facility and the Council has resolved to grant the Licensee a licence for the use of the Facility.

D. The Licensee has inspected the Facility and is satisfied that the Facility is in good condition and is fit for the purposes for which the Licensee intends to use it.

E. The Council and the Licensee wish to record the conditions of the Licence in this document.

AGREEMENT:

1 Interpreting this Licence

1.1 The statements in the Background above form part of this Licence.

1.2 The expressions below have the following meanings:

• “the Schedule” means the Schedule at the back of this Licence;

• “the Facility” means the Facility being licensed, as described in Item 2 of the Schedule, including any buildings, structures, fences, improvements and fixtures that:-

- are on the property now; or

- are erected during the term of this Licence.

• “the Council” includes the Council’s employees, servants and agents.

• “the Licensee and the Licensee’s visitors” includes the Licensee’s employees, servants, agents, contractors, and anybody else that the Licensee allows onto the Facility.

1.3 A reference to a party includes that party’s successors and transferees.

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1.4 Words in the singular include words in the plural and vice versa.

1.5 If two or more persons are referred to in the Schedule as “the Licensee” then this Licence binds them jointly and severally.

1.6 The words “person” or “group” includes a body corporate.

1.7 A reference to any Act or law includes any Act or law which replaces it.

1.8 A reference to “the license period” in this Licence includes any extension to it.

1.9 Clause headings are for reference only and should not be taken into account in interpreting this Licence.

1.10 This Licence shall be subject in all things to the consent of the Development Assessment Commission or its successors if such consent is required.

1.11 The provisions of the Retail Shop Leases Act, 1995 will apply if this Licence meets the definition of “retail shop lease” set out in the Act.

2 Grant of Licence

The Council grants to the Licensee a Licence for the use of the Facility:-

• for the licence period stated in Item 3 of the Schedule; and

• starting on the date stated in Item 4 of the Schedule; and

• on condition that the Licensee meets all of its obligations under this Licence.

3 The Licensee’s Obligations

The Licensee agrees with the Council as follows:

3.1 Licence Fee

3.1.1 To pay to the Council the licence fee set out in Item 5 of the Schedule at the time specified in Item 6 of the Schedule.

3.1.2 The licence fee will be reviewed 12 months after the commencement date set out in Item 4 of the Schedule and thereafter at intervals of twelve months until the licence period expires.

3.1.3 Any increase in the licence fee will be in proportion to the increase in the Consumer Price Index (CPI) published by the Australian Government for Adelaide (All Groups) for the previous twelve months. If there is no increase in the CPI then the annual licence fee will not change.

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3.2 Rates, taxes and charges

3.2.1 To pay on time and in full all rates, taxes and charges relating to the Facility no matter whether they are charged, levied or payable by the Licensee or the Council.

3.2.2 To pay all charges for telephone, water (including excess), gas and electricity consumed in the Facility.

3.3 Sub-Licensing

3.3.1 The Licensee must not assign, transfer or sub-license the Facility or any part of it unless it first gets the consent of the Council in writing.

3.3.2 Where the Council gives consent to a sub-license, the sub-licensee must comply with the same terms and conditions as detailed in this License.

3.4 Use of the Facility

3.4.1 The Licensee must not use or allow any other person to use the Facility for any purpose or activity except for that stated in Item 7 of the Schedule unless it first gets the consent of the Council in writing.

3.5 To Comply with Laws

3.5.1 The Licensee must comply with the provisions of all Acts, regulations, by-laws which affect the Facility or the Licensee’s use of the Facility.

3.5.2 The Licensee must comply with any requirement imposed by any local government or semi-government authority in relation to the Facility or to the Licensee’s use of the Facility.

3.6 Sale and Consumption of Alcohol

3.6.1 The Licensee must not sell or allow any other person to sell or consume alcohol within the Facility without obtaining any licence required pursuant to the Liquor Licensing Act.

3.7 Work Required by the Council

3.7.1 If the Council finds on inspection that any part of the Facility for which the Licensee is responsible needs repairing then the Council may notify the Licensee in writing of the work to be done.

3.7.2 The Licensee must comply with the notice to the satisfaction of the Council within the time stated in the notice (which must not be less than fourteen days except in the case of an emergency).

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3.7.3 If the Licensee fails to carry out the work required by the notice within the time specified or to the satisfaction of the Council then the Council may undertake the repairs. The cost of the repairs and any other reasonable expenses incurred by the Council will be recoverable from the Licensee.

3.8 Erection/Alteration of Buildings

3.8.1 Unless the Licensee first gets the consent of the Council in writing it must not in or on the Facility:-

• erect a building or structure;

• fix anything to the outside of a building or structure;

• alter or demolish an existing building or structure;

• paint any building, structure or other surface in a colour different to that which exists;

• make any other change of a permanent nature.

3.8.2 If the Council consents to any of the works under this section then the works must be done strictly in accordance with plans and specifications approved by the council and at the cost of the Licensee.

3.9 Signs

3.11.1 Unless the Licensee first gets the consent of the Council in writing, the Licensee must not display in or on the Facility any sign that is visible from outside the Facility.

3.10 Offensive Activities

3.10.1 The Licensee must not do, nor allow its visitors to do, within the Facility or on any adjoining Council property:-

• anything that is noisy, offensive or dangerous;

• anything that may cause annoyance, nuisance, or damage to any occupier or owner of nearby land;

• anything that may become an offence against any act, regulation or by-law;

• anything that may cause any insurance policy to become void or to be subject to an increased premium.

4 Indemnities and Insurance

4.1 Indemnity

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4.1.1 The Licensee indemnifies the Council against all actions, demands, losses, damages, costs and expenses for which the Council may become liable arising wholly or partly from any of the following:

• the misuse, negligent use, waste or abuse by the Licensee or its visitors of the water, gas, electricity, oil or other services or facilities at the Facility;

• the overflow, leakage or escape of water (including rain water), fire, gas or electricity or other harmful agent in or from the Facility caused or contributed to by any act or omission of the Licensee or its visitors;

• loss, damage or injury to property or persons caused or contributed to by the Licensee’s or its visitors’ use or occupation of the Facility;

• loss, damage or injury to property or persons in or on the Facility caused or contributed to by the neglect or default of the Licensee or its visitors.

• loss, damage or injury to property or persons in or on the Facility caused or contributed to by Licensee’s neglect or failure to observe or perform any of its obligations contained in this Licence.

4.2 Limits on the Council’s liability

4.2.1 The Licensee will occupy and use the Facility at the risk of the Licensee.

4.2.2 The Licensee releases the Council from any costs or loss arising from any accident, damage or injury occurring on the Facility except where such accident, damage or injury results from any wilful or negligent act or omission of the Council.

4.2.3 The Council is not responsible for any loss of or damage to any fixtures, fittings or personal property of the Licensee.

4.3 Public Liability Insurance

4.3.1 The Licensee must take out and maintain during the licence period a public risk insurance policy for the minimum amount of Ten Million Dollars ($10,000,000) or such other amount as stated in Item 8 of the Schedule. The policy will be in respect of injury, loss or damage occurring in or on the Facility and will note the Council’s rights and interests as proprietor of the Facility and include the indemnities provided by the Licensee under this Licence.

4.3.2 The policy must carry an endorsement from the insurer that the insurer will inform the Council if the policy is allowed to lapse or is otherwise cancelled.

4.3.3 The Licensee must produce the policy and a certificate of currency of the policy each year on renewal of the policy or at such other time as requested by the Council.

4.4 Property and Contents Insurance

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4.4.1 The Council will take out and maintain an insurance policy in respect of the Facility against damage by fire, storm, tempest, earthquake, flood, explosion, lightning, malicious damage and such other risks as the Council thinks fit.

4.4.2 The Licensee must obtain insurance for its own contents which are located in or on the Facility from time to time.

4.5 Insurance Claims

4.5.1 The Licensee must notify the Council in writing, giving full details, whenever there is a possible claim under any insurance required in this Licence.

4.5.2 If there is a claim under any insurance policy taken out by the Council then:-

• the Council alone may deal with the insurer regarding the claim;

• the Council may settle the claim as it thinks fit, and the Licensee will be bound by the settlement;

• the Licensee may be required to pay to the Council any excess which the Council has to pay under the insurance policy; and

• if requested, the Licensee must pay any excess as soon as the Council demands payment.

4.6 Termination or Reduction of fees on Damage

4.6.1 If the whole or any part of the Facility is destroyed or damaged such as to make it substantially unfit for the Licensee’s use and occupation or so that the Licensee is deprived of substantial use of the Facility then:-

• The Council may advise the Licensee that because of the extent of the damage the Council will not rebuild the Facility and the Licence is terminated accordingly without compensation to the Licensee; or

• The licence fee and other payments due under this Licence, or a proportionate part of them, will be reduced. The amount of reduction will be determined by the Council and will depend upon the nature and extent of the damage sustained and will continue until the Facility is reinstated or made fit for the Licensee’s occupation and use; or

• If, after six (6) months the Facility has not been substantially reinstated by the Council, this Licence may be terminated by either party by notice in writing to the other.

4.6.2 Any such termination will not reduce the rights of either party in respect of any previous breaches of this Licence.

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4.6.3 The Council is under no obligation to reinstate the Facility or to make it fit for occupation.

5 The Council’s Obligations

5.1 Quiet Possession

5.1.1 The Council agrees that if the Licensee pays the licence fee in accordance with this Licence and complies with its obligations under this Licence, then the Licensee may use the Facility for the purposes set out in Item 7 of the Schedule.

6 Mutual Obligations

The Council and the Licensee mutually agree as follows:-

6.1 Ownership of Improvements

6.1.1 Unless the Licensee obtains the written acknowledgment of the Council, all structures, improvements, fixtures and fittings located in or on the Facility at any time during the licence period will become the property of and belong to the Council irrespective of whether the Licensee or the Council purchased them.

7 Default by Licensee

7.1 Termination

7.1.1 The Council is entitled to terminate this Licence and may enter into possession of the Facility if the Licensee:-

• fails to pay the licence fee or any other money which is due to the Council for a period of fourteen (14) days from the due date for payment; or

• fails to meet any other of its obligations under this Licence.

7.1.2 The right to terminate the Licence and enter into possession will not reduce the Council’s right to take any other action for any of the Licensee’s previous breaches.

7.2 Surrender

7.2.1 Upon the expiration or earlier termination of the Licence, the Licensee will peacefully and quietly surrender and give up possession of the Facility.

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7.2.2 The Licensee will leave the Facility in good order, condition and cleanliness.

7.2.3 Any reasonable costs incurred by the Council in cleaning or repairing any damage caused by the Licensee in surrendering the Facility may be recovered by the Council from the Licensee.

8 Other Rights and Obligations

8.1 The Council able to Undertake Works

8.1.1 The Council or any persons authorised by the Council may at any time enter the Facility and carry out any improvements, additions, alterations or any other work. In so doing, the Council must use its best endeavours to cause as little disturbance as possible to the Licensee.

8.2 Resumption

8.2.1 If the Council receives notice of any proposed resumption or acquisition of the Facility by any Government (Federal or State) or other authority, or if the control of the Facility is otherwise taken away from the Council, then the Council may terminate this Licence by giving three (3) months notice in writing to the Licensee.

8.3 Renewal

8.3.1 The Licensee may request an extension of this Licence for the period set out in Item 9 of the Schedule provided that :-

• the Licensee gives the Council a written notice of its desire to be granted the extension not less than three (3) and not more than six (6) months before the expiration of the term of the Licence;

• the Licensee has not committed any frequent and/or substantial breaches of the Licence during the current licence period; and

• the Licensee is not in breach of the Licence at the time the notice is given.

• The licensee meets any such conditions that Council considers necessary

8.4 Holding Over

8.4.1 If, with the consent of the Council, the Licensee continues to occupy the Facility after the expiry of the Licence then this License will continue as a monthly licence on the same terms and conditions.

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8.4.2 Either party may give the other one (1) month’s written notice to terminate the monthly licence.

8.5 Waiver

8.5.1 The failure or omission by either party to take any action for the breach of any term or condition of this Licence will not stop either party from taking action in relation to any other breaches of the same or any other term or condition of the Licence.

8.6 Notice

8.6.1 Any notice required to be given by either party to the other must be given by delivering it or posting it to the address appearing in the Schedule or to such other place as previously nominated.

8.7 Severance

8.7.1 If any provision or obligation of this Licence is invalid, unlawful or not applicable, then it will be deleted from the Licence without affecting any other of the parties’ obligations under this Licence.

8.8 Entire Agreement

8.8.1 The terms contained in this Licence comprise the whole of the agreement between the parties. It is expressly agreed and declared by the parties that no further or other terms exist between them with respect to the Facility or the Licence.

8.9 No Warranty

8.9.1 The Licensee acknowledges that the Council has not given any warranty as to the condition of the Facility or its suitability for the use referred to in the Schedule or for any other use.

8.10 Special Conditions

8.10.1 Any special conditions set out in Item 10 of the Schedule are incorporated into this Licence.

8.10.2 Where there is any inconsistency between any special conditions and any other obligations in this Licence then the special conditions will prevail.

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AGREEMENT

SIGNED as an Agreement on the ................ day of .............................................. 20 ......

Authorised persons of Renmark Paringa Council

............................................................... Mayor

............................................................... Chief Executive Officer

Authorised person/s of River Lady Eco Cruises

.............................................................. Authorised Office Bearer

.............................................................. Authorised Office Bearer

OR

SIGNED by (Name of Person)

..............................................................

in the presence of

.............................................................. Witness

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THE SCHEDULE

Item 1 The Licensee:

Name: River Lady Eco Cruises

Address: 34 Sixteenth St, Renmark SA 5341

Item 2 The Facility:

Name of Facility: Renmark Riverfront Reserve

Location: Murray Ave, RENMARK

Refer also to Plan annexed to this Licence

Item 3 The Licence Period:

12 months

Item 4 The Commencement Date:

19 January 2015

Item 5 The Licence Fee:

$220.00 annual fee (should proposed/actual usage exceed 12 times in 12 months).

Item 6 Date for Payment of the Licence Fee:

To be invoiced in advance

Item 7 Permitted Use of the Facility:

for the loading and unloading of passengers from the River Lady

Item 8

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Public Risk Insurance: Ten Million Dollars ($10,000,000) at the commencement of the Licence however, the Council has the right to require the Licensee to increase the Public Risk Insurance to a figure nominated by the Council during the Licence Period.

Item 9 Period of Extension of Licence:

Nil

Item 10 Special Conditions:

• The licensee must provide Council with a proposed operating schedule (Operating details; 3-10 day hosted cruises operating up to 7 months a year, with less than 12 cruises p.a.) ;

• The licensee must notify Council of any proposed changes to the provided operating schedule;

• The licensee is permitted to moor at the agreed mooring site for a prior to cruise departure to accommodate guests;

• Should an approved event be planned for the Riverfront area, the licensee may be notified that they will not be permitted to operate from the agreed mooring site for the duration of the event;

• At the agreed mooring site, the licensee is not permitted to:

• restock the vessel,

• refuel the vessel,

• or undertake any non-urgent repairs

• The licensee must ensure that any litter relating to their activities does not remain upon leaving the agreed mooring site;

• The licensee will supply to Council a copy of the current Certificate of Currency for Public Liability insurance and Third Party Insurance;

• The licensee will supply Council with a copy of the appropriate liquor licence;

• The licensee will supply Council with a copy of the current Certificate of Survey for the vessel;

• The licensee must supply Council with details of their mooring arrangements (if not moored in a Council operated facility), including;

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• Location

• Term of licence

• Any applicable cancellation clauses

• The licensee must notify Council immediately if their private mooring agreement is suspended or terminated for any reason;

o Council will permit the operator to continue operating for a period of up to 30 days, at which time if an

o alternate mooring agreement has not been provided to Council consideration will be given to suspending or terminating the Commercial Operators Licence;

• Not by any action operate in a manner which is not respectful of the good name of the Renmark Paringa Council.

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Report No: 11.7 Subject: Commercial Operators License Willitsinkorwontit From: Director of Corporate and Community Services Purpose: Seek Council support to begin conversations with the operators of Willitsinkorwontit for the development of a renewed license to be brought back to Councils Lease Committee for final viewing and approval. Recommendation: That the lease committee recommends to Council that they delegate to the Director of Corporate Community Services to seek relevant information in the development of a renewed license with the operator of Willitsinkorwontit. The license will be based on existing Willitsinkorwontit agreements and conditions. A report is brought back once a draft license is developed for final viewing and approval via Councils Lease Committee. ___________________________________________________________________ Background: Council has an existing Commercial Operators License with Willitsinkorwontit. The license expired in 2015. The existing agreement is an annual license with clearly stipulated conditions which are also attached to the report. The conditions address important issues and risks such as;


If this recommendation is approved, Council staff will explain the terms to the operator and gather relevant information prior to developing a final agreement and recommendation to Councils Lease Committee. Relevant Legislation: Local Government Act 1999, s41 – Committees, s202 – Alienation of community land. Community Plan Reference: 2.2.1 Work in collaboration with Destination Riverland to promote the area’s food and wine credentials Risk/WH&S Impact: The license has been developed to manage requirements under Councils by-laws, insurance provisions and legislative requirements. Changes to Risk profile - LGAMLS notification required: Nil

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Financial Impact: Nil – a fee of $220 will be charged, if the license is approved. Asset Management Impact: Insurance ensures that the Sublicensee’s insurance cover extends to damage caused to the Renmark Town Wharf by the vessel. Sustainability Impact: N/A Regional Opportunities project: Nil Author: Tim Vonderwall Director of Corporate and Community Services Date: 25/10/16

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(Terms and Conditions valid from 28/10/14)

RENMARK PARINGA COUNCIL CONDITIONS OF MOORING LICENCE – ‘WILLITSINKORWONTIT’

(FRANK TURTON)

1. The vessel ‘Willitsinkorwontit’ is allowed to moor at the Renmark Riverfront from 7am to 9pm daily.

a. Should weather conditions be such that leaving the wharf is unsafe, then “Willitsinkorwontit” is

permitted to stay overnight at the Renmark Riverfront, on that occasion

2. The licensee is permitted to display a compliant ‘display board’ in accordance with By-Law No 4

– Moveable Signs, Part 2, Clause 7, Section 7.1 to 7.9

3. Should a Council approved event be planned for the Murray Avenue Riverfront Reserve, the

licensee may be notified that he may not be permitted to operate from the Renmark Riverfront

for the duration of the event

4. The licensee must ensure that any litter relating to the activity does not remain upon leaving the

agreed mooring site

5. The licensee must ensure that smoke from the onboard fire will be minimised, and that nearby

businesses (in accordance with the Environment Protection Act 1993) are not impacted.

a. The licensee must extinguish any fire which impacts on other businesses

6. Associated poultry are to be kept on board at all times

7. The licensee will supply to Council a copy of the current Certificate for Public Liability Insurance

on an annual basis

a. Should the operator’s Public Liability Insurance held not cover damage to Council assets,

Third Party Property Insurance coverage will be a requirement of the licence.

8. The licensee must not by any action, operate in a manner which is not respectful of the good

name of the Renmark Paringa Council.

a. Initially, Council will make verbal contact with Frank Turton regarding any Council concerns

relating to the operation of “Willitsinkorwontit”, which will be followed up in writing before any

formal action is taken by Council

9. Items related to the collection of money (either donated or for busking) may be on the lawned

(top level) area and or adjacent to the boat

10. The Lessee will pay to Council a minimal annual fee and the cost of electricity in accordance

with the Annual Council Fees & Charges Schedule as adopted each year

11. The Council will conduct a six month review of the terms and conditions of the annual licence

concerning the vessel “Willitsinkorwontit” on the Renmark Riverfront in consultation with the

operator

12. The mooring Licence is valid for a 12 month period from 28 October 2014 to 27 October 2015.

I understand and agree to the above terms & conditions.

Name:………………………………………………..

Signature:..………………………………………….. Date:……………………………..

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Report No: 11.8

Subject: Lease Committee Work Plan

From: Director of Corporate and Community Services

Purpose: Lease Committee to consider and discuss the 2016/17 work plan.

Recommendation: That the Lease Committee approves the Work Plan for Council consideration. ___________________________________________________________________ Background: The work plan (Attachment 1) contains items appropriate for consideration by the committee and sets out the timing of such attention and the current status for each item. The work plan will be presented for review at each meeting. Council staff maintains a lease register and review the highest priority leases/licenses due for review. The prioritised leases and licenses are scheduled in the coming months as per the attachment. There are a number of leases and licenses scheduled for review this financial year. Due to the time taken to negotiate and develop lease documents, monthly meetings are proposed for the next quarter. Relevant Legislation: Local Government Act 1999, s41 – Committees, s202 – Alienation of community land Community Plan Reference: A Positive Experience - Review and improve governance structure, policies and decision making processes on a regular basis Risk/WH&S Impact: Nil Changes to Risk profile - LGAMLS notification required: Nil Financial Impact: Nil Asset Management Impact: Nil Sustainability Impact: Nil Regional Opportunities project: Nil Author: Tim Vonderwall - Director of Corporate and community Services Date: 26/10/16

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Meeting Date Agenda Items Responsible Officer Comments

1/11/2016

- Houseboat moorings update- Commercial operators licenses - Warriuka Houseboats Common Seal- Murray River Queen- Workplan Review DCCS - Reports and workplan

7/12/2016

- McCormick Centre Lease - Senior citizens- Christopher Pearce - Upstairs of Institute- Workplan Review DCCS - Reports and workplan

1/02/2017

- Lyrup Sporting Complex- Lock 5 Storage- Woodworkers Lease- Workplan Review DCCS - Reports and workplan

Lease Committee Workplan November 2016

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Documents

To Committee Members - Renmark Paringa Council Committee Agenda 2 November 2016 To Committee Members Notice is hereby given pursuant to Section 87 of the Local Government Act that