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HomeMy WebLinkAbout06 039 Lease Tourist Office e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE NO. 2006 - 039 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT FOR RENTAL SPACE AT 1802 HIGHWAY 21 NORTH, MUNICIPALITY OF KINCARDINE TO ACCOMMODATE A MUNICIPAL TOURISM OFFICE WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Sections 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 Act; AND WHEREAS the Council for the Municipality of Kincardine deems it advisable to enter into a lease agreement with Gray's Oak & More in consideration of the rents, covenants and obligations stipulated therein; AND WHEREAS those certain premises are comprised of approximately 838 sq. ft. of rentable area on the ground floor of the Gray's Oak & More Plaza situated on property known municipally as 1802 Highway 21 North, in the Municipality of Kincardine, County of Bruce; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a lease agreement with Gray's Oak & More for the rental of space in the Gray's Oak & More Plaza located at 1802 Highway 21 North, in the Municipality of Kincardine in consideration of rents, covenants and obligations as set out in the agreement. 2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine the Lease Agreement with Gray's Oak & More attached hereto as Schedule "A". 3. This By-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as the "Tourism Office (Hwy 21) Lease Agreement, By-law". READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 15th day of March, 2006. ~lÁ Mayor ,. Commercial Lease This is Schedule" IL ~w No..L:NIl......zB3assed th _ day ~20~. ~- J1...r £)--~~ Mayor - Clerk. , ..., .J ~. . This lease is made in duplicate between: (I) Grav's Oak & More. Hwv. 21 N. Kincardine. Ontario N2Z 2X4 (the "Landlord") And (2) The Corporation of the Municipality of Kincardine (the "Tenant") The Landlord and the Tenant hereby agree as follows: I. The Landlord hereby grants the Tenant a lease of the premises excluding any part of the external walls known and described as Lot 1, Concession 2, North of the Durham Road, Township of Kincardine, County of Bruce. 2. Rental area consisting of 838 square feet at R. R. #2. Hwv. 21 N.. Kincardine. Ontario N2Z 2X4 (address) (the "Premises"). 2. The term of this lease commences on March L 2006 February 28. 2007 . and ends on If the Tenant continues in occupation of the Premises with the consent of the Landlord after expiry of the term of this lease, the Tenant shall be deemed to be leasing the Premises on a month-to-month basis but otherwise on the same terms as set out in this lease. 3. The Tenant may use the Premises for A Visitor information Centre (business purpose) and for no other purpose. 4. (a) The Tenant shall pay the Landlord a "base rent" of eight thousand, three hundred and eighty dollars ($8,380.) per year in equal monthly installments of six hundred and ninety-eight dollars and thirtv-three cents ($698.33) in advance on or before the first of each month commencing on March I. 2006. plus the same for last months rent with the base rent for any broken portion of a calendar month in which this lease terminates being prorated. (b) The Tenant is responsible for paying 27.91% of the Landlord's reasonable cost of services and expenses as "additional rent." Additional rent is calculated as a prorated share of the following reasonable expenses incurred by the Landlord during the term of this Lease. 1. Property Taxes 2. Snow removal 4 . ;'" . 2 3. Lawn maintenance The Tenant is responsible for paying a shared reasonable estimate for hot water of $20.00 per month since there is a shared hot water heater with the middle tenant of the building. (c) The Landlord shall invoice the Tenant monthly for additional rent incurred during the preceding calendar month. Each invoice is payable in full thirty days after delivery. The Tenant is deemed to have admitted the accuracy of the amount charged in any invoice for additional rent which he or she has not challenged in writing within the same thirty days. (d) The Tenant shall also pay the Landlord as "additional rent," on demand, 100% of the total costs reasonably incurred by the Landlord including, but not limited to legal fees for curing any default of the Tenant under this lease, enforcing payment of rent and regaining lawful possession of the Premises. 5. The following services and expenses are the sole responsibility and expense of the Tenant: To pay all charges for electric energy (for light, power and heat) and all charges for gas and fuel oil used by the Tenant in the premises. The Tenant shall pay any applicable water operating charges. 6. Any services and expenses relevant to the use by the Tenant of the Premises and not mentioned in this lease are the responsibility and expense of the Tenant, ego the Landlord has all walls and trim primed ready for the tenant to paint his choice of colour. 7. The Landlord covenants with the Tenant that so long as the Tenant complies with the terms of this lease, the Tenant may occupy and enjoy the Premises without any interruption from the Landlord. 8. The Tenant convenants with the Landloard that the business to be so carried on by the tenant in the said building will not be of such a nature as to increase the insurance risk on the said premises or cause the Landlord to pay an increased rate of insurance premiums on the said premises by reason thereof and it is distinctly understood that in case said business so carried on by the Tenant is or becomes of such a nature to increase the insurance risk or causes the Landlord or other occupants of the said building to pay an increased rate of insurance premiums, that the Tenant will from time to time pay to the Landlord the increased amount of insurance premiums which the said Landlord and other occupants of the said building have to pay in consequence thereof. The Tenant convenants that he will not carry on or permit to be carried on any business in the said building which may make void or voidable any insurance held by the Landlord or other occupants of the said building. 9. The Landlord may terminate this lease for anyone of the following or any other cause permitted by law: (a) fifteen days' arrears of rent or additional rent; SELF-COUHSEL PRESS - C.LEASE (1-2)00 4 J. .. ."'- 3 (b) the bankruptcy or insolvency of the Tenant; (c) a material change in the use of the Premises by the Tenant and, in particular (without limiting the generality of this provision), any change that affects the Landlord's building insurance or that constitutes a nuisance. (d) any unauthorized assignment or subletting of this lease by the Tenant; (e) substantial damage to or destruction of the Premises; (f) any sale or material change in use of the building in which the Premises are located by the Landlord; (g) any significant willful or negligent damage to the Premises caused by the Tenant or by persons permitted on the Premises by the Tenant. 10. On the Landlord becoming entitled to re-enter and to take possession of the Premises for any of the grounds for termination set out in this Lease or for any other cause permitted by law, the Landlord, in addition to all other rights, will have the right to enter the Premises either by force or otherwise and with an accompanying right to change the door locks for the Premises and to re-let the Premises and to receive the rent therefore, and to take possession of any furniture or other property on the Premises and to sell the same at private or public sale without notice and to apply the proceeds of such sale and any rent derived from re-Ietting the Premises upon account of the Basic Rent and Additional Rent payable under this Lease, and the Tenant will be liable to the Landlord for the deficiency, if any. 11. The Tenant may not assign or sublet the Premises, in whole or in part, or allow the Premises to be used by any other person without the written consent of the Landlord. 12. The Tenant shall keep the Premises in a reasonable state of repair and cleanliness and shall not make improvements or alterations to the Premises without the written consent of the Landlord, which consent shall not be unreasonably withheld. That such alterations will not be of such kind or extent as to in any manner weaken the structure of the building after the alterations are completed or reduce the value of the building. 13. At the end of the lease, the Tenant shall deliver vacant possession to the Landlord of the Premises in the same condition as at the commencement of the lease, reasonable wear and tear excepted and except that the Landlord may, in the Landlord's sole discretion, elect to keep any of the Tenant's improvements or alterations. 14. Any written notice required or permitted to be given by this lease is sufficiently given if sent in proper form by ordinary mail to the last known address of the party for whom the notice is intended. Any written notice sent by ordinary mail in accordance with this paragraph is deemed, for the purposes of this lease, received by the addressee on the seventh day after mailing unless actually received before. Nothing in this paragraph prevents giving written notice in any other manner recognized by law. 15. in this lease, words importing the singular include the plural, and vice versa, and importing the masculine gender include the feminine, and importing an individual include a corporation and vice versa. This lease binds and benefits the parties and their respective heirs, successors, and permitted assigns. SELF-COUNSEI. PRESS - C.I.EASE (1.3)00 , '... ~ ~ " ... r- L~ 4 16. Protective installations-that the Tenant agrees to pay the costs of any installations, additions, alterations to the said premises that the Lessor may be required to make by any Municipal, Provincial or other governing authority, or requested by any private protective system used by the Tenants, for the security and protection of the Tenant and his employees and his and their effects including but not so as to limit the foregoing installations, additions, or alterations shall forthwith become the property of the Lessor. 17. Water and Gas Damage-the Landlord shall not be liable for any damage to any property at any time upon the demised premises arising from gas, steam, water, rain or snow, which may leak into, issue or flow from any part of the said building, or from the gas, water, steam or drainage pipes or plumbing works of the same or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electric or other wires in the said building. 18. The Landlord is not liable for any damage to the Tenant's property or for any injury to any person in or coming to or from the Premises, however caused, and the Tenant agrees to indemnify the Landlord against the financial consequences of any such liability. in this regard, the Tenant shall purchase and maintain public liability insurance in an amount satisfactory to the landlord and shall provide proof of this insurance to the Landlord on request. The Tenant shall during the entire term hereof at his own expense place insurance against loss or damage of his contents and improvements. 19. The Tenant agrees at his own expense to compensate the Landlord or to replace or repair anything that is damaged by the tenant, their employees, customers and or visitors, to the satisfaction of the Landlord including but not limited to any plate glass or other glass that has been broken or removed within the lease. 20. Notice of Accident-the tenant shall give the landlord prompt written notice of any accident or other defect in the sprinkler system, water pipes, gas pipes or heating apparatus, telephone, electric or other wires on any part of the premises. 21. This Lease will be goverued by the laws of the PROVINCE of Ontario. Executed under seal on ~." c./¡ .;to I 0 c. ~ (date) Signed, sealed, and delivered in the presence of: ) ¡ ~ á ) ) ~ "', J ~ e Lando/Y Î ' ~ Æ L- ~<,-R~. ""- or e CorporatIon of the Municipality of Kincardine CAO John deRosenroll ~((. ~ for The Corporation of the Municipality of Kincardine Mayor Glenn R. Sutton SELF·COUNSEL PRESS - C.LEASE (14)00