Licence to Occupy

Whakatane District Council (Licensor)

[ ] Limited (Licensee)
LICENCE TO OCCUPY

TABLE OF CONTENTS

BACKGROUND .............................................................................................. 1

GRANT OF LICENCE ...................................................................................... 1

FIRST SCHEDULE .......................................................................................... 3

SECOND SCHEDULE ...................................................................................... 4

1 TERM ................................................................................................... 4

2 LICENCE FEE ....................................................................................... 4

3 PERMITTED USE .................................................................................. 4

4 COMPLIANCE WITH STATUTES / LICENSOR’S HEALTH & SAFETY

OBLIGATIONS ..................................................................................... 4

5 MAINTENANCE .................................................................................... 5

6 PUBLIC LIABILITY INSURANCE ........................................................... 5

7 ASSIGNMENT ...................................................................................... 5

8 DEFAULT ............................................................................................. 5

9 LIABILITY ........................................................................................... 5

10 LICENCE NOT A LEASE ......................................................................... 6

11 COSTS ................................................................................................. 6

12 DISPUTE RESOLUTION ........................................................................ 6

13 WAIVER .............................................................................................. 7

14 INTERPRETATION ............................................................................... 7

THIRD SCHEDULE ......................................................................................... 8

LICENCE TO OCCUPY 1

Date: 2015

PARTIES

Whakatane District Council (Licensor)

[ ] Limited (Licensee)

BACKGROUND

A The Licensor is the registered proprietor of the land situated at 136 – 142 The
Strand, Whakatāne comprised in Lot 1 and Lot 2 Deposited Plan 27126 and
known as “Wharaurangi”. The land is zoned “commercial” under the Whakatāne
District Plan.

B The Licensor has agreed to grant a licence to the Licensee and its invitees to
occupy that part the Licence Area, for the Permitted Use and on the terms and
conditions set out in this Licence.

GRANT OF LICENCE

The Licensor grants to the Licensee, and the Licensee takes and accepts from Licensor,
a licence to occupy the Licence Area for the Permitted Use, and otherwise on the terms
and conditions set out in the First and Second Schedules to this Licence.

Signed for and on behalf of the Whakatane

District Council

___________________________

in the presence of:

___________________________

Name:

Occupation:

Address:
LICENCE TO OCCUPY 2

Signed for and on behalf of [

]

Limited:

___________________________

in the presence of:

___________________________

Name:

Occupation:

Address:
LICENCE TO OCCUPY 3

FIRST SCHEDULE

LICENCE AREA That part of Lot 2 Deposited Plan 27126

coloured in red on the plan attached as the
Third Schedule.

LAND Lot 1 and Lot 2 Deposited Plan 27126

TERM The term commencing on the

Commencement Date and continuing in
force until the Expiry Date or such earlier
date determined under clause 1.2 by the
Licensee or clause 10 by the Licensor.

COMMENCEMENT DATE [ ] December 2015

EXPIRY DATE 31 March 2016

LICENCE FEE $200.00 (plus GST) per month

CONTACT DETAILS FOR LICENSOR Attention: Whakatane District Council

Georgina Murley, Commercial Development

Advisor

Phone: 07 3060500
Email:
georgina.murley@whakatane.govt.nz

CONTACT DETAILS FOR THE LICENSEE [ ] Limited

Phone:
Email:

Attention:

PERMITTED USE The [ ] within the

Licence Area. The location of [
] within the Licence Area.
LICENCE TO OCCUPY 4

SECOND SCHEDULE

OBLIGATIONS OF THE PARTIES

1 TERM

1.1 This Licence will commence on the Commencement Date and continue in force
until the Expiry Date or as determined pursuant to clause 1.2 by the Licensee or
pursuant to clause 10 by the Licensor.

1.2 The Licensee may terminate this Licence by giving two (2) weeks’ notice (End
Date) in writing to the Licensor if the Licensee (in its sole and absolute discretion)
no longer wishes to carry out the Permitted Use. Such termination will be
without prejudice to the rights of either party for breaches of the Licence prior to
the End Date.

2 LICENCE FEE

2.1 During the Term of this Licence, the Licensee will pay to Licensor the Licence Fee
monthly in advance without deduction or set-off (if demanded by the Licensor).

3 PERMITTED USE

3.1 The Licensee may only use the Licence Area for the Permitted Use.

3.2 The Licensee uses the Licence Area entirely at the Licensee’s own risk. The
Licensor shall have no liability to the Licensee for damage or loss suffered by the
Licensee in respect of the Licensee’s use of the Licence Area except where such
loss or damage can be directly attributed to any breach of this Licence by the
Licensor or any negligent, wilful or intentional acts or omissions of the Licensor or
its employees, invitees or contractors.

3.3 The Licensee agrees to trade from the Licence Area for at least [four] days a
week and [three] hours per day.

4 COMPLIANCE WITH STATUTES / LICENSOR’S HEALTH & SAFETY

OBLIGATIONS

4.1 The Licensee will, at its expense, comply with all laws, statutes, regulations, by-
laws, district or regional plans and the provisions of all licences, requisitions,
notices or orders made or given by any competent authority affecting the Licence
Area and/or its use by the Licensee.
LICENCE TO OCCUPY 5

5 MAINTENANCE

5.1 The Licensee shall maintain the Licence Area in the state which it was in on the
Commencement Date.

5.2 The Licensee will repair to the reasonable satisfaction of Licensor any part of the
Land that is damaged directly or indirectly by the Licensee at any time during the
Term of this Licence.

5.3 If the Licensee fails to comply with clause 5.1 or 5.2 within such reasonable
timeframes as required by the Licensor then the Licensor may (but is not obliged
to) complete such maintenance and repairs either wholly or in part. All costs
incurred by the Licensor pursuant to this clause in carrying out any maintenance
and repair works will be recoverable by the Licensor from the Licensee as if such
amounts were arrears of the Licence Fee.

5.4 The Licensee will immediately bring to the Licensor’s attention any damage,
breakage or defect in or to any part of the Licence Area, or to services and
systems in the Licence Area, and any circumstances likely to cause damage or
injury to property or persons.

6 PUBLIC LIABILITY INSURANCE

The Licensee shall keep current a policy of public liability insurance for
$1,000,000.00.

7 ASSIGNMENT

7.1 The Licensee may not assign its interest in this Licence.

8 DEFAULT

8.1 If the Licensee fails to strictly comply with any term contained or implied in this
Licence, then the Licensor may serve notice of the breach in accordance with the
requirements of the Property Law Act 2007 (Default Notice). The Licensee must
make good the breach within 20 Business Days of the date of the Default Notice.
If the Licensee fails to do so, this Licence may be immediately terminated by the
Licensor by notice in writing served upon the Licensee (Termination Notice).

9 LIABILITY

9.1 Notwithstanding any other provisions of this Licence, the Licensee’s liability to
the Licensor for any loss, damage, cost or expense incurred by the Licensor
as a result of the Licensee’s exercise of its rights under this Licence is limited
to a maximum total sum of $1,000,000 and the Licensor agrees that it will
not make any claim or bring any legal proceedings against the Licensee (or
LICENCE TO OCCUPY 6

fund or encourage any other person to do so) for any loss or damage arising
out of the Licensee’s exercise of its rights under this Licence in excess of this
amount.

10 LICENCE NOT A LEASE

10.1 This Licence is intended as a personal privilege and is not to take effect as a
lease, right of first refusal or option to purchase the Licence Area nor does it
create any legal estate in the Licence Area.

10.2 The Licensee accepts and acknowledges that it has no right to lodge a caveat
against the Licence Area to protect its rights and interests pursuant to this
Licence.

11 COSTS

The parties will otherwise meet their own costs relating to the negotiation,
preparation and completion of this Licence.

12 DISPUTE RESOLUTION

12.1 The parties agree that if any difference or dispute, arising out of and from the
terms of this Licence, arises between them they will actively, openly and in good
faith negotiate that difference or dispute with a view to achieving a quick
resolution. If the dispute is not resolved within twenty (20) Business Days of a
party giving notice of dispute, the parties will invoke a mediation process.

12.2 If the parties do not unanimously agree to mediation or if the dispute is mediated
but not resolved, the question of difference shall be resolved by the arbitration of
a single arbitrator to be agreed by the parties or, failing agreement, appointed by
the President for the time being of the New Zealand Law Society. Costs of the
arbitration shall be at the discretion of the arbitrator, but the arbitrator shall give
reasons for any determination made.

12.3 Pending resolution of any dispute or difference the parties shall continue to
perform their respective obligations pursuant to this Licence and the Licensor
shall not restrict or limit the Licensee’s right to access, occupy and use the
Licence Area. The Licensor shall not take any steps to cancel the Licence as a
result of the breach which is subject to dispute until it is finally determined that
the Licensee is or was in breach.
LICENCE TO OCCUPY 7

13 WAIVER

No waiver or failure to act by the Licensor in respect of any breach by the

Licensee shall operate as a waiver of another breach.

14 INTERPRETATION

In this Licence:

14.1 references to the Licensor include the successors of Whakatane District Council
and its invitees and contractors;

14.2 references to the Licensee are a reference to [ ] Limited and includes

its invitees;

14.3 Business Day means any day (other than a Saturday or Sunday) on which
registered banks in New Zealand are open for business; and

14.4 words or phrases which appear in this Licence mean and include those details
supplied after those words or phrases in the First Schedule.
LICENCE TO OCCUPY

THIRD SCHEDULE

PLAN OF LICENCE AREA