orion-cml-documents-09-10 by wanghonghx


									Casual Mall Leasing Request

Thank you for considering Orion Springfield Town Centre for Casual Mall Leasing opportunities.

Our rates are set out as one flat rate throughout the centre of $800.00 per site per week plus GST
and $180 per site per day plus GST. The above rates are subject to peak period increases.

Set up must be completed and ready to trade by 9.00am and you are not permitted to dismantle your
site before 5.30pm Monday to Friday, 9.00pm Thursday and 4.00pm Saturday and Sunday.

Please note some important points about your application:

•      A fully completed application will only be accepted for any booking.
•      Certificate of Currency evidencing your cover in respect to Public Liability Insurance (minimum
       $20million) is required at the initial application stage.

Please find attached an application form to complete and if you have any further queries regarding
this, please do not hesitate to contact me between 9.00am and 4.00pm Monday to Friday on (07)
3470 3200 or email sarah_attwater@mirvac.com

Kind regards

Sarah Attwater
Assistant Marketing Manager

att:    Application Form
        Terms & Conditions
        Site Plan

1 Main Street                                                p. 07 3470 3200                       w. www.orionspringfield.com.au
Springfield Central Qld 4300                                 f. 07 3470 3222

Mirvac Group comprising Mirvac Limited ABN 92 003 280 699 Mirvac Property Trust ARSN 086 780 645
Mirvac’s Privacy Policy is on our website or contact our Privacy Officer on 02 9080 8000
Casual Mall Leasing Application Form
Please note that this is a request form only and does not in any way constitute a booking.

    Name of Organisation:

    Company ABN/ACN:

    Contact Person:


    Contact Phone Numbers:                                   Mobile:

    Contact fax number:                                      Email:

    Mailing Address:

    Requested commencement day & date:                                           Conclusion day & date:

    Insurance Company:                                                           Preferred site in centre:

    Public Liability Policy Number:                                    Public Liability Policy Expiry Date:

    Electricity required:       Yes              No                    Photos of previous displays attached:             Yes          No

    Details of other Shopping Centres you have casually leased in:

Please Note: Payments are to be made in advance by direct deposit, bank cheque or personal cheque made payable to ‘Mirvac Real
Estate Pty Ltd’. Under no circumstances will you be permitted to set up or commence trade until full payment is received. No cash will be
accepted whatsoever.

Orion Springfield Town Centre will provide the following equipment for your display at no additional cost:

•           1x trestle table

•           2x Chairs

Description of proposed usage: _______________________________________________________________________


Signature:       ________________________________________________________________________________________

Date: _____________________________________________________________________________________________

      Please complete this form and return to Sarah Attwater at Orion Springfield Town Centre via fax 07 3470 3222 or email
                                                                   Casual Leasing Terms & Conditions

1.      FEE – The Licensee must pay the licence fee prior to the commencement date.
2.      NO ASSIGNMENT – This licence is personal to the Licensee and the Licensee must not assign or sub-licence in any manner or any part of it s interest in this licence or of the
3.      SOLE PURPOSE – The Licensee must not use, or permit to be used, the Site or any part of the site for any purpose other than the Permitted Use.
4.      MANAGEMENT OF LICENCSED AREA - The Licensee must ensure that the Site is efficiently manned during the regular and customary trading hours of the Shopping Center
5.      SIGNS – The Licensee must not erect or place any structure, plant, sign or goods (“the display”) on the Site unless first approved by the Licensor. Proof of approval rests upon
        the Licensee
6.      DISPLAY SET-UP - The Licensee must erect any display on the Site in a good and workmanlike manner before 9.00am on the Commencement Date. Any vehicle associated
        with the erection of the display or the Licensee’s activity must be unloaded and removed from the Shopping Center before 8.30am on the Commencement Date.
7.      DISPLAY STANDARD – The Licensee must prepare any display on the Site in a professional manner and to a quality which, in the opinion of the Licensor, enhances both the
        product to be displayed and the Shopping Center. The Licensor may refuse the continuation of any display if, in it is opinion, it considers the display to be of a standard which
        does not adequately enhance either the product to be displayed or the Shopping Center. The height of any display must not exceed 1.5 meters, unless prior written approval has
        been granted by the Licensor.
8.      OBSTRUCTION – The Licensee must not inhibit, restrict nor obstruct the view of any shop front, nor obstruct nor hinder the movement of the public in walkways, entrances, shop
        fronts, service corridors, fire exits, or in common areas. If the opinion of the Licensor, any obstruction or hindrances is caused by the Licensee, the Licensee must, at the
        Licensee’s sole cost immediately remove or adjust the display on the Site to remove any obstruction or hindrance.
9.      MAKE GOOD ANY DAMAGE - The Licensee must at the Licensee’s sole cost of the expiration or sooner determination of this licence make good any damage caused to the Site
        of the Shopping Center by the Licensee and must leave the site in a clean, tidy and safe condition and in the condition it was at the commencement of the licence. In default the
        Licensor may make good any damage and recover the cost from the Licensee as a liquidated debt.
10.     REMOVAL OF GOODS – If the Licensee fails to remove any display from the Site on the expiration or sooner determination of the licence, the Licensor may remove and store it
        at risk and the cost of the Licensee, or may otherwise deal with it as if it had been abandoned by the Licensee and was the absolute property of the Licensor. The Licensee must
        only remove and display on the Site after the Shopping Center has been closed to the public.
11.     RIGHTS - The Licensor grants a licence only to the Licensee. The rights of the Licensee rest in contract only and do not confer any estate or interest in the Site or the Shopping
        Center or create the relationship of Landlord and Tenant. The Licensee does not have exclusive use of the Site and may not stop other authorized persons from entering and
        using the site. Any implication or interference to the contrary is expressly negatived. This licence comprises the whole of the agreement between the parties.
12.     TERMINATION OR CHANGE OF SITE - Notwithstanding anything else in this licence, the Licensor may at any time and from time to time upon giving to the Licensee at 60
        minutes notice in advance, terminate this licence or change the location to which the Licensee applies to any other location within the Shopping Center. In the face of relocation,
        the Terms and Conditions of the licence apply to any new location in lieu of the Site and the Licensee must co-operate in any relocation and will not be entitled to any
        compensation or rebate of the licence Fee arising out of that relocation. In the case of a termination of the licence, the Licensee will be entitled to a pro-rata rebate of the licence
        Fee arising out of the termination, but no compensation.
13.     COMPLIANCE WITH LAW - The Licensee must observe and comply with all Acts, regulations, ordinances, or by-laws applicable to the use of the Site by the Licensee and the
        business conducted upon the Site. The Licensee must obtain all consents and approvals that may be required under any Act, regulation, ordinance or by-law and produce those
        consents to the Licensor on demand.
14.     RULES AND REGULATIONS - The Licensee must comply with, and cause all persons over whom it has control to comply with, all Rules and Regulations, relating to the use of
        the common areas in the Shopping Center (including the parking of motor vehicles and the disposal of refuse), from time to time made by the Licensor and notified to the
        Licensee, as if those Rules and Regulations are express covenants by the Licensee.
15.     PERMITTED ACTIVITIES – The Licensee must conduct its activities on the Site in accordance with the provisions of this licence. The Licensee must use the Site at all time so as
        to ensure the use and enjoyment of the Shopping Center by the Licensor, tenants, other users and customers of the Shopping Center, will not be prevented, interfered with or
        adversely affected. The Licensee must not permit any activity to take place on or about the Site which in the opinion of the Licensor or its Center Manager is unlawful, immoral or
        likely to cause annoyance or nuisance to tenants, other users or customers of the Shopping Center. If the Licensor or its Center Manager decides that any activity of the
        Licensee, it s employees, agents, invitees, licensees or customers is in contravention of this clause, and is not in accordance with the Licensee’s express rights under this
        License, then, upon notice in writing by the Licensor or by its Center Manager, the Licensee must immediately stop that activity.
16.     SOUND LEVELS - The Licensee must not exceed the sound level determined by the Licensor associated with any display or of any promotional activity on the Site. Without
        limitation, the Licensee must no spruik on or about the Site
17.     FAILURE TO PAY MONIES - If the Licensee fails to pay any monies payable to the Licensor within 24 hours of the due time for payment notified by the Licensor, or if the
        Licensee fails to discontinue any activity immediately upon notice as provided for in this licence, or if the Licensee commits any other breach of its obligations under this licence,
        the Licensor may by notice in writing to the Licensee forthwith determine this licence. Any determination is without prejudice to any rights which have accrued to either party to
        that determination.
18.     INSURANCE – The Licensee must at his/ her own expense insure and keep insured in the joint names of the Licensor and the Licensee with a reputable insurance company, for
        any amount not less than the sum of Twenty Million ($20,000,000) for any one claim against public liability, in the form of a standard public liability policy but bearing an
        endorsement extending indemnity to other risks of any insurable nature for which the Licensee is obliged to indemnify the Licensor in terms of Clause 19. The Licensee must
        produce any insurance policies and the receipted premium notice to the Licensor or Center Manager whenever requested by the licensor to do so. The Licensee warrants that the
        insurance details set out in the Details are true and correct.
19.     LICENCEE TO INDEMNIFY - The Licensee must indemnify and keep indemnified the Licensor, the Licensor’s agents, employees, tenants and Licensee’s and each of their
        employees, agents and customers from and against all liability, claims, demands, expenses, fees, fines, penalties, suits, proceedings and actions of every kind and nature arising
        out of or in any way connected with the use or occupancy of the Site by the Licensee, its employees, agents, invitees Licensees or customers. Each indemnity in this licence is a
        continuing obligation, separate and independent from other obligation of the parties and survives the termination of this licence.
20.     LICENSOR NOT LIABLE FOR DAMAGE –The Licensee occupied and uses the Site at the risk of the Licensee. The Licensor is not in any circumstances and notwithstanding
        anything contained in the licence to the contrary, liable to the Licensee for any damage to the display or any other property of any description of or in the possession of the
        Licensee occasioned by water, heat, fire, electricity, vermin, explosion, tempest, riot, civil commotion, busting pipes or by the operation of any fire equipment or for any loss of
        profits resulting there from. The Licensee releases, the full extent permitted by law the Licensor from any liability of the Licensor, its employees or agents in negligence relating
        directly or indirectly to the use of the Site.
21.     VARIATION – The licence may only be varied by written agreement signed by the Licensor and the Licensee or their respective agents.
22.     REMAINING ON SITE – If the Licensee with the consent of the Licensor remains on the Site after the Expiry Date, the Terms and Conditions of this licence continue to apply save
        that the Licensor may terminate the licence at any time by notice expiring forthwith.
23.     SUITABLITY OF SITE – The Licensee acknowledges that the Licensor or its agents have made no representation or warranty as to the suitability of the site for the use of the
24.     SALES FIGURES – Subject always to the relevant legislation dealing with retail shop leases in the State or Territory where the Site is situated, the Licensee must, at the end of
        every week and on the Expiry Date, provide the Licensor an accurate and complete statement of all receipts of the business conducted the they Licensee on or from the site since
        any previous statement. The Licensor must keep that information confidential.
25.     GST –
25a Acknowledgement – The Licensee acknowledges the Licensor has entered into this Casual Licensing Agreement in consideration of the Licensee performing all of its obligations
    under this licence and paying all amounts required to be paid by it to the Licensor or any other person.
25b Definition of GST – For the purposes of this License GST means goods and services tax, valued added, consumption tax or similar tax
25c Gross Up – If any supply made by the Licensor under this licence (including the supply of the right to occupy the Site and the supply of any other rights, goods, services, benefits,
    or other things) is subject to GST, the Licensee must pay an addition amount to the Licensor. The additional amount is (a) equal to the consideration payable by the Licensee for
    the relevant supply multiplied by the prevailing GST rate; and (b) is payable at the same time and in the same manner as the consideration for the supply to which the additional
    amount relates.
26. ENTIRE AGREEMENT – This licence is the entire agreement between the Licensor and the Licensee about its subject matter. Any previous agreements, understandings,
    representation and negotiations on that subject matter cease to have effect.
27. COSTS AND STAMP DUTY – Each party must bear its own costs in relation to the preparation and execution of this licence. The Licensee must pay all stamp duty assessed on
    this licence.

                                  Site 3, Bras N Things     Site 4, Sanity         Site 5, Portmans           Site 6, Pumpkin Patch
                                    4m x 3m –power        3m x 3m – no power       3m x 3m - power             2m x 3m – no power

 Site 2, EB Games –
Charity/Community Site
  4m x 3m – power

Site 1, Gloria Jeans Site
    3m x 3m –power

                            Site 10, The Reject Shop      Site 9, Fruitz on Fire     Site 8, Bakers Delight          Site 7, Telstra
                              3m x 3m – no power           4rm x 3m - power             3m x 3m - power             3m x 3m - power

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