Date - Intercity Shopping Centre

NOT FOR PROFIT AGREEMENT Date: Email: Name of Organization: Address: City/postal code: Telephone number: Attention: Dear: Re: Name of Organization and Date Morguard Investments Limited ("Morguard") and HOOP Realty Inc. wishes to confirm our agreement with name of organization (the “Licensee”) for the use of a portion of the common area of the centre known as Intercity Shopping Centre (the “Centre”) in the approximate location as shown hatched on the plan attached hereto as Schedule B (the "Premises") for the sole purpose of description and date. The Licensee’s use of the Premises is subject to the following: 1.
Prior to being granted access to the Premises, the Licensee shall provide to Morguard evidence of
commercial general bodily injury and property damage liability insurance in a form satisfactory to Morguard and the
Licensor, but in any event to include extensions known as products and completed operations, personal injury, occurrence
property damage, blanket contractual liability, employers liability and non-­‐owned automobile liability coverage. The amount
of coverage shall not be less than $3,000,000.00 per occurrence and Morguard Investments Limited and HOOPP Realty Inc.
shall be named additional insured’s in the coverage with provision for notice of any change or cancellation in the coverage to
be provided to Morguard at least 10 days before such change or cancellation becomes effective.
Such coverage shall be maintained for the duration of the Licensee’s use of the Premises including preparation for such use
and subsequent clean-­‐up.
2.
The Licensee will be responsible, at its expense, for providing adequate security for any materials and
equipment left in the Premises. Further, the Licensee, its successors and assigns, agree to indemnify and save harmless
Morguard and the Licensor (and each of their respective officers, directors, employees, affiliates, licensees, successors,
assigns, agents, and all those for whom they are in law responsible), from and against all claims, demands, causes of
action, judgments, expenses, injuries, and losses, however occurring, in any and all relation to the use of the Premises by
the Licensee (or its officers, directors, employees, agents, volunteers, affiliates, licensees, successors, assigns, and all
those for whom they are in law responsible), which use shall include all preparation for, and clean-­‐up from, such use.
3.
The Licensee is not permitted to assign this agreement or sublicense all or any part of the Premises.
4.
Provided that, and for so long as, the Licensee is Name of Organization and is itself in possession of and
occupying the whole of the Premises, the rental rates shall be free of charge, save and except for the utilities, which shall be
the Licensee’s responsibility.
5.
The Licensee will give vacant possession of the Premises to Morguard on behalf of the Licensor in a clean and
Intercity Shopping Centre 1000 Fort William Road, Suite 203 Box 3, Thunder Bay, Ontario P7B 6B9 Tel: 807.623.6646 Fax: 807.623.6370 tidy condition and all personal belongings shall be removed from the Premises by time and date. 6.
Notwithstanding anything in this agreement to the contrary, the Licensor shall have a right at any time to terminate this agreement, upon twenty-four (24) hours prior written notice to the Licensee.
7.
Morguard and/or Licensor reserves the right to reschedule dates, times or location of any activity permitted.
8.
The Licensee undertakes to abide by all applicable government regulations and conduct its affairs in strict conformity with the law and in such a manner as not to bring any disrepute on Intercity Shopping Centre or in any way offend, annoy or interfere with Intercity Shopping Centre’s employees, customers or merchants.
9.
The Licensee has no right whatsoever to assign this permit to any other party.
10.
The person or organization to which a permit for non-commercial activities at Intercity Shopping Centre is issued will obtain at their own expense all permits and licences required by any government authority as well as a permit from Intercity Shopping Centre.
11.
There is a $40 non-refundable administration fee for each visit. An extra fee applies for additional tables. The fee for bringing in any type of vehicles is $60. Please make cheques payable to: “MIL ITF HOOPP Realty Inc. (Intercity)”. The fee must be included when the complete package is returned to customer service. Morguard will provide one table; each group must bring in their own chairs. Activities other than those indicated on the contract (radio remote broadcast, musicians, media and photographers) are not permitted unless approved by the Morguard Marketing Director and the proper insurance is obtained.
12.
The Morguard Marketing Director or their representatives has final approval of all requests. Confirmation will be made once all documentation is received and approved. If the Licensor does so terminate this agreement, the Licensee expressly waives and shall not have right of action or claim against the Licensor for the termination, or consequential loss or damage, including, without limitation, costs or expenses incurred by the Licensee for fixturing or merchandising of the Premises. Please sign and return the enclosed copy of this agreement to acknowledge the foregoing agreement with respect to your use of the Premises. Yours truly, MORGUARD INVESTMENTS LIMITED, as agent for the Licensor _______________________ _______________________ Authorized Signatory Authorized Signatory The foregoing agreement is acknowledged this ___day of __________________, 2014. LICENSEE: Name of Organization ___________________________ Name: Title: I/We have the authority to bind the Licensee Name: Title: Intercity Shopping Centre 1000 Fort William Road, Suite 203 Box 3, Thunder Bay, Ontario P7B 6B9 Tel: 807.623.6646 Fax: 807.623.6370 Charitable #:____________________________________________________________ Lottery License #:________________________________________________________ Location of Display: _______________________________________________________ Dates Requested: From: ____________________ TO: ____________________________ Purpose and Description of Display: __________________________________________________________________________________________
__________________________________________________________________________________________ Table Required? Yes NO (An additional fee of $10 per table will apply if more than one table is requested) Electricity Required? YES NO Will there be audio or video presentations? YES NO If yes, describe: _____________________________________________________________________________ Will you be distributing literature? YES NO If yes, attach sample Will your visit to Intercity be advertised? YES NO If yes, describe_____________________________________________________________________________ Will you be bringing in a vehicle? YES NO (if yes see rules & regulations) Will there be other organizations or business’s participating in accordance with the terms noted at herein at any time throughout the dates requested? (I.e. Radio remote, musicians etc.) YES NO Intercity Shopping Centre 1000 Fort William Road, Suite 203 Box 3, Thunder Bay, Ontario P7B 6B9 Tel: 807.623.6646 Fax: 807.623.6370 SCHEDULE B (Mall Wide) Intercity Shopping Centre 1000 Fort William Road, Suite 203 Box 3, Thunder Bay, Ontario P7B 6B9 Tel: 807.623.6646 Fax: 807.623.6370 SCHEDULE C RULES AND REGULATIONS In regard to the use and occupancy of the Licensed Premises and the common areas and facilities of the Centre, the Licensee shall: (a) Set up the Licensed Premises before normal business hours for the Centre and dismantle the Licensed Premises after normal business hours for the Centre. The security of the Licensed Premises and the contents thereof shall at all times be the sole responsibility of the Licensee; (b) Keep all exterior surfaces of the Licensed Premises clean; (c) Remain within the confines of the Licensed Premises and allow customers to approach the Licensed Premises at their own discretion and will not canvass elsewhere in the Intercity Shopping Centre, customers will not be approached, solicited or embarrassed in any way; (d) Maintain the Licensed Premises, at its expense, in a clean, orderly and sanitary condition and free of insects, rodents, vermin and other pests; (e) At all times maintain for all persons employed by the Licensee at the Licensed Premises, a dress code satisfactory to the Licensor. The dress code is “relaxed business casual” which means dress pants/skirt with blouse/shirt. Jeans, shorts and casual clothing are unacceptable, the number of personnel manning the table will be limited to a maximum of two people at a time; (f) Keep all garbage trash, rubbish or refuse in ratproof containers within the interior of the Licensed Premises until removed as herein provided; (g) The mall floor surrounding the displays must be kept clear of boxes, supplies, etc. at all times. All material pertaining to any exhibit must be kept within the booth or table area; (h) Smoking is strictly forbidden in Intercity Shopping Centre; (i) Have such garbage, trash, rubbish and refuse moved at its expense on a regular basis as prescribed by the Licensor; (j) Keep all mechanical apparatus free of vibration and noise, which may be transmitted, beyond the Licensed Premises; (k) Park its vehicle(s) in the designated employee parking areas; (l) Have available in the Licensed Premises a copy of this Agreement at all times; (m) Abide by all security measures adopted by the Licensor from time to time for the Centre; In regard to the use and occupancy of the Licensed Premises and the common areas and facilities of the Centre, the Licensee shall not; (1) Install any signage or backdrops or lighting that, in each case, exceeds 5’ feet in height (from the mall floor); (2) Construct or install any counter units and/or show cases that, in each case, exceeds 3’.5” feet in height (from the mall floor); (3) Display any product or merchandise that exceeds 4’.5” feet in height (from the mall floor). Any merchandise displayed above the counter top of the kiosk/cart structure will be subject to the Licensor's reasonable control so as to ensure that any such displays do not unreasonably block the visibility of in-­‐line premises in the mall from the view of customers in the mall; (4) Use in, on or about the Licensed Premises, any screws, nails, adhesive tape or duct tape; Intercity Shopping Centre 1000 Fort William Road, Suite 203 Box 3, Thunder Bay, Ontario P7B 6B9 Tel: 807.623.6646 Fax: 807.623.6370 (5) (6) (7) (8) (9) (10) (11) (12) 13) (14) (15) (16) (17) (18) (19) (20) (21) (22) Permit undue accumulations of garbage, trash, rubbish or other refuse within or without the Licensed Premises; Under no circumstances will mall fixtures (benches, trash cans, plants, etc.) be used or moved by exhibitor; Hang wires from the ceiling or tape them to the floor in areas accessible to the public or otherwise have wires exposed in, on or about the Licensed Premises. Electrical and telephone conduits in the floor area available upon request and prior to occupancy of the Licensed Premises; The backs of displays must be aesthetically appealing and all cartons and extensions cords are to be kept out-­‐of-­‐sight beneath tables; only air-­‐filled balloons may be used in the mall; The Licensee will not affix advertising or promotional signs or materials to any surfaces in any manner without prior consent from Intercity Shopping Centre, no signs, posters, stickers, chains, props, etc. are to be attached to mall pillars; No hand-­‐made signs permitted on display. All advertising or promotional materials must be professionally produced, exhibits that display programs of a controversial, political, and/or religious nature are strictly prohibited; Organizations requesting permit must supply their own A.V. equipment if required; No sale of merchandise or service(s) are permitted by any exhibitor unless specifically approved by Intercity Shopping Centre; Cause, suffer or permit odours to emanate or be dispelled from the Licensed Premises, and upon direction of the Licensor shall forthwith, at the Licensee’s expense, remedy any situation resulting in a breach of this provision; No open fires or flammable display material is permitted, no helium or propane tanks permitted under any circumstances; Permit the consumption of food in, on or about the Licensed Premises. All personal clothing, bags, boxes, etc. of the Licensee shall be stored away and kept out of sight; Use megaphones, audio-­‐video equipment, flashing lights or any other similar appliance or apparatus in, on or about the Licensed Premises; Distribute handbills or other advertising matter to customers in the Centre other than in the Licensed Premises or distribute handbills or other advertising matter to, in or upon any automobiles parked in the parking areas or in any other part of the Centre. Canvassing or soliciting by the Licensee is strictly prohibited; Permit the parking of delivery vehicles so as to interfere with the use of any driveway, walkway, parking area, mall or other area of the Centre or otherwise obstruct the entrances to and/or the exits from the parking areas; Receive, ship, load or unload articles of any kind including merchandise supplies, materials, debris, garbage, trash, refuse and other chattels except through service access facilities designated from time to time by the Licensor; Intercity Shopping Centre does not provide storage. Please note that all merchandise or items of value must be removed from the mall each evening. We do not provide extra security for mall exhibitors; Use the plumbing facilities for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Licensee; Use any part of the Licensed Premises for lodging, sleeping or any illegal purposes; Intercity Shopping Centre 1000 Fort William Road, Suite 203 Box 3, Thunder Bay, Ontario P7B 6B9 Tel: 807.623.6646 Fax: 807.623.6370 (23) (24) Cause, permit or suffer any machines selling merchandise, rendering services or providing, however operated, entertainment, including vending machines, to be present on the Licensed Premises unless consented to in advance in writing by the Licensor; Commit or permit waste upon or damage to the Premises or the Centre or any nuisance or other act that disturbs the quiet enjoyment of tenants, other licensees or occupants of the Centre; or (25) Use the furniture, garbage or recycling receptacles located within the common areas of the Centre. If this License Agreement is for the purpose of a vehicle display, the Licensee agrees to abide by the following and must adhere to bylaws of The City of Thunder Bay Fire Department A) Protection of the floor of the Centre underneath the tires is mandatory and is the sole responsibility of the Licensee; B) Before entering the enclosed mall of the Centre, the vehicle, particularly the tires, must be thoroughly clean. At all times that the vehicle is within or on display in the Centre, the Licensee shall ensure that the vehicle is kept clean; C) The vehicle must have an oil resistant pad placed under the chassis, and wheel pads placed under each wheel. D) The vehicle is to be placed in neutral and pushed to the appropriate location in the enclosed mall of the Centre. This must be performed and completed by the Licensee; E)
Once the vehicle has been positioned, battery power to the vehicle is to be disconnected. The vehicle is to be placed in park with the parking brake engaged at all times. This work must be performed and completed by the Licensee; F)
It is mandatory that the vehicle be equipped with a locking gas tank cap and that the vehicle have no more than ¼ tank of gas; G) One set of keys for the vehicle is to be left with the Centre’s Security/Maintenance personnel; H) All vehicles must be brought into and taken out of the Centre during days and hours as determined by the Licensor; I)
Tire dressings, protectants, waxes or polishes are not to be applied to any vehicle while within or on display in the Centre; J)
All vehicles on display must be in excellent mechanical condition, free of oil and fluid leaks, etc. K) The Licensor reserves the right, at its sole discretion, to remove vehicles from the Centre common areas at any time. Intercity Shopping Centre 1000 Fort William Road, Suite 203 Box 3, Thunder Bay, Ontario P7B 6B9 Tel: 807.623.6646 Fax: 807.623.6370