Lease Committee Agenda 2 April 2019 – Public Copy

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 Tuesday 2 April 2019 commencing at 4.00pm. 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 3

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 5 HELD 4 OCTOBER 2018 7. BUSINESS ARISING FROM THE MINUTES OF 4 OCTOBER 2018 8. NOTICE OF MOTION - Nil 9. COMMITTEE MEMBERS REPORTS - Nil 10. LATE REPORTS - Nil 11. REPORTS WITH RECOMMENDATIONS

11.1 Airport Hangar Lease - Assignment 7

12. INFORMATION ONLY REPORTS 12.1 Lease Committee Work Plan 37

13. MATTERS FOR CONSIDERATION IN CONFIDENCE

13.1 Westpac Lease (Exclusion Motion) 39

14. MOTIONS WITHOUT NOTICE

15. GENERAL BUSINESS 16. CLOSURE

Lease Committee Agenda 2 April 2019 – Public Copy

Peter Bull ACTING DIRECTOR – CORPORATE & COMMUNITY SERVICES Date Issued: 27 March 2019

Declaration of Elected Members

Conflict of Interest In accordance with Section 74 of the Local Government Act 1999

To be completed and given to the meeting Minute Taker by 12pm on the day of the meeting.

Council Member: ______________________________ Date of Meeting:________________

Council or Committee:_________________________ Agenda Item:___________________

I wish to declare a □ Material □ Actual □ Perceived Conflict of Interest

Section 1 Material Conflict

Material – Conflict of Interest

I consider that I have a material conflict of interest pursuant to section 73 of the Local Government Act 1999

(‘the LGA Act”). The nature of my material conflict of interest is as follows (ensure sufficient detail is recorded,

including the reasons why you (or a person prescribed in section 73(1) of the LG Act) stands to obtain a benefit or suffer a

loss depending on the outcome of the consideration of the matter at the meeting of the Council in relation to the

Agenda Item described above):

I will leave the meeting room (including an area set aside for the public) such that I cannot view or hear any

discussion or vote at the meeting, and will stay out of the meeting room while the matter is being discussed

and voted on.

Section 2 – Actual or Perceived Conflict

Actual – Conflict of Interest

The nature of my actual conflict of interest (pursuant to section 75 of the Local Government Act 1999) is as

follows (ensure sufficient detail is recorded, including the reasons why the conflict between your interest and the public

interests might lead to a decision that is contrary to the public interest in relation to the Agenda Item described above):

Perceived – Conflict of Interest

The nature of my perceived conflict of interest (pursuant to section 75 of the Local Government Act 1999) is

as follows (ensure sufficient detail is recorded, including the reasons why the conflict between your interest and the

public interests might lead to a decision that is contrary to the public interest in relation to the Agenda Item described

above):

I intend to deal with the Conflict of Interest in the following transparent and accountable way by:

Signed:_______________________________________ Date:____________________________

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1 Lease Committee meeting Minutes – 04 October 2018

Minutes of the Lease Committee Meeting held at the Community and Civic Centre, 61 Eighteenth Street, Renmark on Thursday 4 October 2018 commencing at 4.05 pm. 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, Slade, Chown and Spano, Mr D Lindner (Manager Corporate Services), Ms M Amos (Director Corporate and Community Services), Ms A Baker (Executive Assistant to Director Corporate and Community Services) and Ms C Foreman (Belgravia representative) .

3. Apologies – Nil 4. Conflict of Interest - Nil

5. Deputations - Nil 6. Confirmation of minutes of a meeting held 20 August 2018

Moved Cr Chown That the minutes of the Lease Committee held 20 August 2018 be confirmed. Seconded Cr Slade

CARRIED

7. Business arising from the minutes of the Lease Committee meeting held 20 August 2018 – Nil

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

10. Late Reports – Nil 11. Reports with Recommendations

11.1 Houseboat Escape – Improvement Request

Moved Cr Spano That the Lease Committee recommends to Council that written consent be provided to Houseboat Escape to install a shipping container within their leased area subject to Council development approval. Container must be painted a colour suitable to the environment and if graffitied it must be removed within 48 hours. Seconded Cr Slade CARRIED

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2 Lease Committee meeting Minutes – 04 October 2018

11.2 Warriuka Houseboats – Improvement Request

Moved Cr Spano That the Lease Committee recommends to Council that written consent be provided to Warriuka Houseboats to install two additional shipping containers within their leased area following Council development approval, all three must be painted a colour suitable to the environment. Seconded Cr Slade CARRIED

11.3 Riverfront Operators Licence – River Lady Eco Cruises

Moved Cr Spano That the Lease Committee recommends to Council that River Lady Eco Cruises is granted a Riverfront Operators Licence and delegation is provided to Director of Corporate and Community Services to sign on an annual basis. The fees payable will be in accordance with Councils fees and charges register for Riverfront Operators Licence. Seconded Cr Slade CARRIED

11.4 Belgravia - Swimming pool operational hours

Moved Cr Hunter That the Lease Committee recommends to Council that they endorse the change in the Renmark Swimming Pool operational hours for the upcoming season that has been proposed by Belgravia under option 1 in the attached report with the amended change of days to Tuesday and Thursday. Seconded Cr Chown CARRIED

M Amos and C Foreman left the Chambers at 4.42pm 12. Information Only Reports

12.1 Lease Committee Workplan

Moved Cr Chown That the Lease Committee Workplan information only report is received. Seconded Cr Slade CARRIED

13. Matters for Consideration in Confidence - Nil

14. Motions Without Notice - Nil 15. General Business - Nil 16. Closure – 5.20 pm

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Lease Committee Report 2 April 2019

Report No: 11.1 Subject: Airport Hangar Lease - Assignment From: Director of Corporate and Community Services _____ Purpose: To seek Council endorsement to assign the airport hangar leases for Capt. E Goodfellow to MR and BM Ramke Recommendation: That pursuant to Section 38 of the Local Government Act 1999, Lease Committee recommends that Council authorises the affixing of the Common Seal on the Deed of Assignment of Lease between Captain E Goodfellow and MR and BM Ramke and that the Deed of Assignment of Lease then be signed by the Mayor and Chief Executive Officer. _______________________________________________________________________ Background: On 14 December 2016 Council approved an airport hangar lease for Captain. E Goodfellow for a period of five (5) years with a five (5) year renewal term. Pursuant to clause 3.14 of the ‘Lease of Aerodrome Land’ the Lessee is not permitted to transfer, assign, sublet or otherwise give up or share possession of the Land unless it has received the Council’s written consent. In the case of a transfer or assignment, the Council agrees that it will not unreasonably withhold its consent. On 7 December 2018 Council received an email from Capt. E Goodfellow advising that he had sold his hangar and that the lease was to be assigned to M.R. and B.M Ramke, 9535 Mallee Highway, Lameroo S.A.5302. With consideration to clause 3.14 it is recommended that Council agrees to provide consent for the assignment of the lease to the new owners and that the lease continues to expire on 31 December 2021, with the option of a five (5) year right of renewal. A deed of assignment of lease has been prepared for execution by all partines. 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:

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Lease Committee Report 2 April 2019

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: Nil Asset Management Impact: Nil Sustainability Impact: N/A Regional Opportunities project: Nil Author: Dale Lindner Manager Corporate Services Date: 26 March 2019

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CAPTAIN E. GOODFELLOW

(“Assignor”)

and

MR AND BM RAMKE (“Assignee”)

and

RENMARK PARINGA COUNCIL

(“Council”)

DEED OF ASSIGNMENT OF LEASE

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DEED OF ASSIGNMENT OF LEASE

Parties

1. CAPTAIN E. GOODFELLOW of PO BOX 158, Willunga SA 5172 (“Assignor”)

2. MR and BM RAMKE of 9535 Mallee Highway Lameroo S.A.5302 (“Assignee”)

3. RENMARK PARINGA COUNCIL of 61 Eighteenth Street, Renmark SA 5341(“Council”)

Introduction

A. The Council is the registered proprietor in fee simple in the whole of the land comprised in Certificate of Title Register Book Volume 5782 Folio 742 (“Land”).

B. Pursuant to a Lease dated 6 January 2017 between the Council (as lessor) and the Assignor (as lessee) (“Lease”), the Council leased to the Assignor the Premises for a term of 5 years commencing on 1 January 2017 and expiring on 31 December 2021.

C. The Assignor wishes to assign its interest in the Lease to the Assignee and the Assignee wishes to accept such assignment upon the terms and conditions of this Deed.

D. The Council is prepared to consent to the assignment upon the terms and conditions set out in this Deed.

Operative clauses

1. In this Deed unless inconsistent with the context:

1.1 Act means the Retail and Commercial Leases Act 1995;

1.2 Assignee means and includes the person so described in this Deed and its successors and permitted assigns;

1.3 Assignor means and includes the person so described in this Deed and its successors and permitted assigns;

1.4 Premises has the same meaning as in the Lease.

1.5 Lease means the lease referred to in the Introduction at paragraph B above.

1.6 Council means the person so described in this Deed and its successors and assigns;

1.7 GST means goods and services tax payable under the GST Law and an expression used in this Deed in relation to GST will have the meaning used in or attributed to that expression by the GST Law from time to time;

1.8 GST Law has the same meaning as the definition of “GST law” in A New Tax System (Goods and Services Tax) Act 1999;

1.9 Any monetary amount payable pursuant to this Deed is expressed exclusive of GST (unless otherwise stated). In addition to the amount payable, the recipient of the

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taxable supply (as defined for GST purposes) must pay to the supplier of that taxable supply on demand the GST payable in respect of that taxable supply;

1.10 A reference to one gender includes the other genders, the singular includes the plural and vice versa respectively;

1.11 A reference to a person includes an incorporated body or other association of persons and vice versa;

1.12 Any term of this Deed having application to a party consisting of more than one person shall have application to each such person severally and to all of such persons jointly; and

1.13 This Deed shall be governed by and construed in accordance with the laws of South Australia and the courts in that State shall have jurisdiction in respect of any dispute arising hereunder or in connection with this Deed.

2. This Deed is in all respects subject to the execution of this Deed by the Council.

3. This Deed and the assignment it evidences shall take effect or be deemed to have taken effect as and from the execution by the last party (“Date of Assignment”).

4. All rent and other payments made and payable under the Lease shall be adjusted by the Assignor between the Assignor and the Assignee as at the Date of Assignment and any necessary payments in consequence of such adjustment shall be made on or before the Date of Assignment.

5. The Assignor shall pay to the Council immediately upon the Date of Assignment all the arrears (if any) in annual rent and other money payable as at the Date of Assignment pursuant to the terms of the Lease.

6. As and from the Date of Assignment, the Assignor hereby assigns to the Assignee its interest as lessee pursuant to the Lease and the Assignee hereby accepts the assignment of the Assignor’s interest in the Lease subject to the terms and conditions of this Deed.

7. Subject to the execution of this Deed by the Assignor and by the Assignee and subject to all the terms and conditions set out herein the Council consents to the assignment as and from the Date of Assignment.

8. The Assignee hereby covenants and agrees as a separate and individual covenant with the Council as follows:

8.1 to duly and punctually pay the whole of the rent reserved by the Lease during the unexpired balance of the term of the Lease (including any Renewal Term) and from the Date of Assignment;

8.2 to observe and perform all the terms, covenants, conditions, provisos, agreements and restrictions on the part of the Assignor to be carried out, observed, performed and kept whether expressed or implied in or by the Lease or by law as and from the Date of Assignment; and

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8.3 to indemnify the Council from and against all actions, proceedings, costs, claims, damages, expenses and demands for or in respect of the non-observance or non-performance of all or any of the terms, covenants, conditions, provisos, agreements and restrictions in the Lease whether expressed or implied in or by the Lease or by law as and from the Date of Assignment.

9. The Assignee hereby covenants with the Council that it will at all times keep the Council fully and effectually indemnified against all actions, proceedings, costs, claims, damages, expenses and demands whatsoever by reason or on account of the non-payment of the rent reserved by or the breach non-observance or non-performance of any other terms, covenants, conditions, provisos, agreements or restrictions on the part of the lessee to be observed or performed under the Lease, irrespective of any assignment under this Deed.

10. The Council’s costs of preparing this Deed shall be borne by the Assignee. The parties otherwise agree to bear their own costs of and incidental to the negotiation, preparation and execution of this Deed.

11. The Assignee shall cause this Deed to be duly stamped in accordance with the requirements of all relevant authorities and shall indemnify the Council against all actions, proceedings, costs, claims, damages, expenses and demands incurred by or brought against the Council by reason of the breach by the Assignee of the Assignee’s obligations under this clause.

12. Without limiting any other covenant in this Deed on the part of the Assignee in favour of the Council, the Assignee hereby acknowledges and agrees that it shall be responsible for the performance of all making good, reinstatement, repair and maintenance obligations on the part of the lessee contained in the Lease notwithstanding that the need for such works may arise from acts or omissions on the part of the Assignor or some other person (whether under the authority of the Assignor or otherwise) prior to the Date of Assignment or prior to the date on which the Assignee took possession of the Premises.

13. Subject to the Act, as between the Council and the Assignor, the Assignor acknowledges and agrees that as and from the Date of Assignment, it shall not be released from its obligations as lessee under the Lease.

14. This Deed may be executed in any number of counterparts. A counterpart may be a facsimile or electronic copy of the signed document. Together all counterparts make up one document. If this Deed is executed in counterparts, it takes effect when each party has received the counterpart executed by each other party.

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Executed as a deed on 2019

Executed by CAPT. E GOODFELLOW in the presence of: .................................................................... Executor Sign .................................................................... Executor Name .................................................................... Witness Sign .................................................................... Witness Name: Executed by M.R. and B.M Ramke in the presence of: .................................................................... MR Ramke .................................................................... BM Ramke .................................................................... Witness Sign .................................................................... Witness Name:

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The Common Seal of RENMARK PARINGA COUNCIL was affixed in accordance with the Local Government Act 1999 in the presence of: .................................................................... Tony Siviour Chief Executive Officer .................................................................... Neil Martinson Mayor

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Lease Committee Report 2 April 2019

Report No: 12.1 Subject: Lease Committee Workplan From: Director of Corporate and Community Services Purpose: Lease Committee to consider and discuss the Lease Committee work plan. 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 maintain a lease register and review the highest priority leases/licenses due for review. The prioritised leases and licenses are scheduled in the upcoming months as per the attachment. There are a number of leases and licenses scheduled for review in the coming year. Due to the time taken to negotiate and develop lease documents, Section 41 lease committee meetings are currently scheduled bi-monthly, and this may be reviewed as the count of key leases outstanding reduces. 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: Dale Lindner – Manager Corporate Services Date: 27 March 2019

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Lease Committee Workplan Report

Expiry DateTerm of LeaseContract DescriptionLessee NameProposed Lease

Committee DateLocation

5 YRS 31-Dec-2022Aerodrome Tennant - Lease of HangarCapt. E Goodfellow - No 11 AIRPORT2-Apr-2019

4 YRS + 5 YRS 19-Jun-2019Whole of land comprised in CT 5502/136 and all buildings currently used by Westpac Bank

Westpac Banking Corporation RENMARK TOWN2-Apr-2019

10 years 30-Apr-2019Renmark Rovers Football and Sporting Club Inc. lease of the Football Clubrooms

Renmark Rovers Football and Sporting Club Inc. RENMARK OVALS4-Jun-2019

5 YRS 30-Jun-2016Lease of Senior Citizens clubrooms and associated landRenmark Senior Citizens Club RENMARK TOWN4-Jun-2019

10 YRS 30-Sep-2020Lease of Renmark Oval Complex Land - No 1 ovalRiverland Dinghy Club Inc RENMARK OVALS4-Jun-2019

1-Jan-1900New Lease - Renmark Tennis ClubRenmark Tennis Club RENMARK OVALS4-Jun-2019

3 YRS 9-Oct-2019Lease of land and associated buildings Renmark Community Recreation Centre

Belgravia Leisure RENMARK OVALS4-Jun-2019

5 yrs + 5yrs 31-Oct-2020Lease of Old Renmark High School Craft BuildingRiverland Woodworkers OLD HIGH SCHOOL13-Aug-2019

Page 1 of 1Work Plan Report 27/03/2019Report Date38

Lease Committee Report 2 April 2019

Report No: 13.1 – Confidential (Exclusion motion) Subject: Westpac Bank Lease From: Director of Corporate and Community Services Recommendation: That pursuant to the provisions of Section 90(2) and 90(3)(d)(i)(ii) of the Local Government Act, 1999, the Council orders that the public be excluded with the exception of the Chief Executive Officer, Acting Director Corporate & Community Services and Executive Assistant to the Director Corporate & Community Services present on the basis that it will receive, consider and discuss the Acting Director Corporate & Community Services Officer’s report 13.1 relating to the Westpac Bank Lease 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)(d) commercial information of a confidential nature (not being a

trade secret) the disclosure of which (i) could reasonably be expected to prejudice the commercial position of

the person who supplied the information, or to confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest

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