HomeMy WebLinkAbout05 149 LE Agree RJ's on the Bea
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THE CORPORATION OF THE MUNICIPALITY OF KINCA INE
BY-LAW
NO. 2005 -149
BEING A BY-LAW TO AUTHORIZE THE SIGNING F A LEASE
AGREEMENT WITH ZUBAIR ALl WARRIACH FOR TH OPERATION
OF A CONCESSION BOOTH ON MUNICIPAL DS
WHEREAS the Municipal Act, 2001, S.D. 2001, c. 25 Sectio s 8 and 9 (1)
provides municipalities with powers of a natural person to enable them to govern
their affairs as they consider appropriate under this or any other ct;
AND WHEREAS the Council for The Corporation of the Municipality of
Kincardine entered into a lease agreement with Ahmad Hasan ith the passage
of By-law No. 2005 - 014 for a Concession Booth, known as RJ' on the Beach,
on lands owned by the Municipality adjacent to Tiny Tots Park in onsideration of
the rents, covenants and obligations stipulated therein;
AND WHEREAS the Council for the Corporation of the Municipali y of Kincardine
deems it advisable to authorize the transfer of the balance of the Ive-year term of
the lease, ending on the 30th day of April 2007, to Zubair AIi Warr ach;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Corporation of the Municipality of Kincardine enter int an agreement
with Zubair AIi Warriach for the operation of a Concession oath known as
RJ's on the Beach and located on municipal lands as shown n the attached
Schedule "A".
2. That the Mayor and CAD be authorized to sign, on behalf of he Corporation
of the Municipality of Kincardine, the Lease Agreement ith Zubair Ali
Warriach attached to this by-law as Schedule "B".
3. That By-law No. 2002-144 and By-law No. 2005 - 014 be her by repealed.
4. This By-law shall come into full force and effect upon its final assage.
5. This By-law may be cited as the "RJ's on the Beach Lease Ag eement
(Warriach) By-law".
READ a FIRST, SECOND and THIRD TIME and FIN L Y PASSED
this 21't day of September, 2005.
ßJ¿J. ~
Mayor'
lerk
This AGREEMENT made this 21st day of September, 2005.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINC, RDINE
-and-
hereinafter called the "Municipality"
of the First Part. This is Schþ!ule · ...fL · to ~.Law
No.::b05 - lif'jlassed the dl:..~y
or.;$.....,.j, " _ 200~
ZUBAlR ALl WARRIACH "', ~ ~ ~ ~
Mayor Clark:
hereinafter called the "Lessee"
of the Second Part.
WHEREAS the Municipality wishes to enter into a lease agreem 3nt with Zubair AIi
Warriach operating as Snack Booth on the Beach for the use of M nicipal lands more
specifically described in Schedule "A" to this agreement;
AND WHEREAS Zubair AIi Warriach has, on Municipal lands, a portable food
concession booth known as Snack Booth on the Beach;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in (onsideration of the
premises and mutual promises and covenants hereinafter contained the parties hereby
agree as follows:
1. Lease the said premises for the balance of a five year term beginning the 1st day
of October, 2002 and thenceforth ensuing and to be fully completed and ended
on the 30th day of April, 2007.
2. The Lessee covenants with the Municipality to pay rent. Viel ing and paying the
sum of eight thousand dollars ($8,000) plus G.S.T. paya! Ie as follows:, two
thousand dollars ($2,000) plus G.S.T. payable to the Munici ality on the 1st day
of July, 2003, two thousand dollars ($2,000) plus G.S.T. on 1st day of July, 2004,
two thousand dollars ($2,000) plus G.S.T. on 1st day of July, 005, two thousand
dollars ($2,000) plus G.S.T. on 1st day of July, 2006.
3. The Lessee covenants to pay all realty and business taxE s in respect of the
business carried on by the Lessee in or upon or by reason 0 their occupancy of
the premises hereby demised;
4. The Lessee covenants to repair all lands, buildings and equi ment and leave the
premises in good repair. Any damage as a result of fire, Ii~ htning and tempest
will be the only exceptions. The Municipality shall pay for al replacement of the
Municipality's fixed assets that the Municipality deems in nee of replacement.
5. The Lessee covenants that the Municipality, through its aut orized agents, may
enter and view the state of repair during all reasonable hours
6. The Lessee covenants that the premises will be used or Iy during May until
September as a seasonal food concession booth and durin the balance of the
year the booth will be closed but can be used as a kitchen or food preparation
for the owners of Snack Booth on the Beach's other busines .
7. If for any valid reason the Municipality requires the use of t e lands upon which
the booth sits, then the Lessee agrees to, upon receiving w~tten notice, remove
the booth from the lands within ten days. The Municipality s hall refund any rents
previously made on a pro rata basis.
Zubair AIi Warriach Lease Agreement
Page 2 of5
8. The Lessee covenants that no fixtures, goods or chattels of a y kind will, except
in the ordinary course of business, be removed from the demised premises
during the term hereby demised or at any time thereafter ithout the written
consent of the Municipality, its successors or assigns, bing first had and
obtained, until all rent in arrears as well as all rent to beco e due during the
remainder of the term hereby granted shall have been fully p id, or the payment
thereof secured to the satisfaction of the Municipality or its as igns.
9. The Lessee covenants to pay all charges for electric energy ( or light and power)
used by the Lessee in the demised premises.
10. The Lessee covenants to pay all costs associated with the c nnection of hydro,
water, sewer and propane and to make such connections s as to comply with
any municipal by-laws or any other provincial statute.
11. The Lessee covenants to keep the lands surrounding the oth free from litter,
debris and other garbage created as a result of the food conc ssion operation.
12. The Lessee covenants to dispose of all refuse in ac rdance with the
Municipality's applicable by-laws.
13. The Lessee covenants that, if the term hereby granted or the goods and chattels
of the Lessee shall be at any time seized or taken in executi n of attachment; or
if the Lessee shall make an assignment for the benefit 0 creditors or shall
become bankrupt or insolvent or make a proposal to its cre itors or without the
consent of the Municipality being first obtained in writing, shal make a sale under
the Bulk Sales Act, in respect of goods on the premises, 0 being a company
shall become subject to any legislative enactment relatin to liquidation or
winding up, wither voluntary or compulsory, the said te shall immediately
become forfeited and void.
14. The Lessee covenants, promises and agrees with th Municipality that
notwithstanding any present or future Act of the Legislatu of the Province of
Ontario, none of the goods or chattels of the Lessee at ny time during the
continuance of the term hereby created on the said demise premises shall be
exempt from levy by distress for rent in arrears by the Lesse as provided for by
the said Section of said Act, and that upon any claim b ng made for such
exemption by the Lessee or on distress being made by t e Municipality, this
covenant and agreement may be pleaded as an estoppel a ainst the lessee in
any action brought to test the right to the levying upon any such goods as are
named exempted in the said Section, the Lessee waiving as he hereby does all
and every benefit that could or might have accrued to him un er and by virtue of
the said section of the said act but for the above covenant.
The Municipality covenants with the Lessee for quiet enjoym nt.
15. The Municipality covenants to give the Lessee, his agents, lerks, servants and
all persons transacting business with the Lessee, in common with other persons,
the right to enter the demised premises by means of th main entrance on
Saugeen Street and free use of the Saugeen Street passag s from the street to
the said premises at all reasonable times.
16. The Municipality may void the lease agreement on non-pay
performance of covenants by the Lessee.
Zubair AIi Warriach Lease Agreement
Page 3 of 5
17. It is further declared and agreed that in case the said pr mises or any part
thereof, become and remain vacant and unoccupied for t e period of fifteen
days, or be used by any other person or persons, or for any ther purposes than
as above provided, without the written consent of the Mu icipality this lease
shall, at the option of the Municipality, cease and be void, a d the term hereby
created expire and be at an end, anything hereinbefo to the contrary
notwithstanding and the proportionate part of the current r nt shall thereupon
become immediately due and payable, and the Municipali may re-enter and
take possession of the premises as though the Lessee or other occupant or
occupants of said premises were holding over after the expi tion of the term; or
in such case instead of this lease as aforesaid and re-enterin upon the demised
premises, the Municipality may take possession of the demis premises, or any
part of parts thereof, and let and manage the same and rant any lease or
leases thereof upon such terms as to the Municipality or its ssigns may appear
to be reasonable, and demand, collect, receive and distrain for all rental which
shall become payable in respect thereof, and apply the said rentals after
deducting all expenses incurred in connection with the demi d premises and in
the collection of the said rent including reasonable commissi n for the collection
thereof and the management of the demised premises, up n the rent hereby
reserved, and the Municipality and its assigns and every s ch agent acting as
aforesaid from time to time, shall in so acting be the agent f the Lessee, who
alone shall be responsible for their acts, and the Municipa ity and its assigns
shall not be accountable for any moneys except those actually received,
notwithstanding any act, neglect, omission of default or any s ch agent acting as
aforesaid.
18. And it is further declared and agreed that the Municipality s all not be liable for
any damage to any property at any time upon the demised p mises arising from
steam, water, rain or snow, which may leak into, issue or fI w from any part of
the said lands or from the water, steam or drainage pipes 0 plumbing works of
the same or from any other place or quarter for any da age caused by or
attributable to the condition or arrangements of electric or oth r wires on the said
demised premises.
19. And the Municipality shall not be responsible for any person I injury which shall
be sustained by the Lessee or any employee, customer, 0 other person who
may be upon the demised premises or in the said building r the entrances or
appurtenances thereto. All risks of any such injury bein assumed by the
Lessee, who shall hold the Municipality harmless and indemn led therefrom.
20. The Lessee agrees to provide liability insurance in the inimum amount of
$2,000,000.00 for the business and add the Municipality f Kincardine as an
additional named insured on the policy.
21. The Lessee covenants with the Municipality that his said business to be so
carried on in the said building will not be of such a nature as to increase the
insurance risk on the said premises or cause the Mun cipality to pay an
increased rate of insurance premiums on the said premise by reason thereof
and it is distinctly understood that in case said business s carried on by the
Lessee is or becomes of such a nature to increase the insu nce risk or causes
the Municipality and/or other occupants of the said building 0 pay an increased
rate of insurance premiums, that the Lessee will from tim to time pay to the
Municipality the increased amount of insurance premiu s which the said
Municipality and other occupants of the said build in have to pay in
consequence thereof; provided that the Lessee covenants t at he will not carry
on or permit to be carried on any business in the said buildi g which may make
void or voidable any insurance held by the Municipality or th other occupants of
the said building.
Zubair AIi Warriach Lease Agreement
Page 4 of 5
22. Provided that the Lessee will not do or permit anything to b done on the said
premises or permit or keep anything therein which may b annoying to the
Municipality or other occupants of the said premises r which the said
Municipality may deem to be a nuisance and that no machi ery shall be used
therein which shall cause any undue vibration in or to the sai premises and that
in case of the Municipality or any other occupants of he said premises
reasonably complaining that any machinery or operation of p cess is a nuisance
to it or them of which causes any undue vibration or noise on the said premises,
that upon receiving notice thereof, the said Lessee will imm diately abate such
nuisance. The said Lessee covenants not to obstruct or inte ere with the rights
of the Municipality or other occupants of the said premises or n any way injure or
annoy them or conflict with any of the rules and regulatio s of the Board of
Health or with any Statute or municipal by-law.
23. There shall be no abatement from or reduction of the rent ue hereunder, nor
shall the Lessee be entitled to damages, losses, costs or disb rsements from the
Municipality during the term hereby created on, caused by or on account of fire,
(except as above), water, sprinklers systems, partial or t mporary failure or
stoppage of heat, light or plumbing services in or to the said premises or
buildings, whether due to acts of God, strikes, acciden s, the making of
alterations, repairs, renewals, improvements, structural ch nges to the said
premises or buildings or the equipment or systems supplyin the said services,
or from any cause whatsoever; provided that the said failu e or stoppage be
remedied within a reasonable time.
24. That any notice which either of the parties is required 0 permitted to give
pursuant to any provision of this lease may, if intended for t e Lessee be given
by a writing left at the demised premises or mailed by registe ed mail addressed
to the Lessee at the demised premises and if intended for t Municipality by a
writing left at the premises of the Lessor at the Office of t e Clerk, Municipal
Administration Centre, 1475 Concession 5 RR 5, Kincardine, Ontario, N2Z 2X6,
or mailed by registered mail addressed to the Municipality t the Municipality's
said premises and such notice shall be deemed to have been given at the time it
was delivered or mailed, as the case may be.
25. Provided further and it is hereby agreed that should the Les ee hold over after
the expiration of this lease and the Municipality thereafter acc pt rent for the said
premises the Lessee shall hold the said premises as a month tenant only of the
Municipality but subject in all other respects to the terms an conditions of this
lease.
26. The Lessee shall have the right to renegotiate this lease for further three-year
period on terms and with terms acceptable to the Municipality
27. The words importing the singular number only shall include he plural and vice
versa, and words importing the masculine gender shall in lude the feminine
gender, and words importing persons shall include firms an corporations and
vice versa.
28. This lease is not assignable without the written permission of he Municipality.
29. This Agreement shall ensure to the benefit of and be bind in on the respective
heirs, executors, administrators, successors and assigns 0 the parties hereto
(and shall run with the said land owned by the parties).
f
Zubair AU Warriach Lease Agreement
Page 5 of 5
IN WITNESS WHEREOF the Municipality has hereto affixed its co orate seal attested
by the hands of its Mayor and CAD this 21st day of Septembe 2005. Zubair AIi
Warriach has hereunto set his hand this 21st day of September 200 .
SIGNED, SEALED AND DELIVERED
in the presence of
Witness
) THE CORPORATION OF
) MUNICIPALITY OF KINC
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) SNACK BOOTH ON THE
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) Zubair Ai Warriach, Own r
Mayor
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