HomeMy WebLinkAbout02 011 agree lease chamber ann
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BY-LAW
NO. 2002-11
A BY·LAW TO AUTHORIZE THE SIGNIN~ OF
AN AGREEMENT WITH THE
KINCARDINE & DISTRICT CHAMBER OF CO MERCE
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WHEREAS the Council for The Municipality of Kincardine deem it advisable to
enter into an Agreement with the Kincardine & District Chamber of Commerce
whereby the Chamber shall maintain the operating costs of the roperty known
as the Annex, known municipally as 719-723 Queen Street, Kin ardine.
AND WHEREAS the Chamber of Commerce proposes to do thi~ by entering into
leases with tenants for the use of the building, the revenues fr01 which shall be
used to cover all operating and utility costs of the Annex; !
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NOW THEREFORE the Council for The Corporation of tht Municipality of
Kincardine ENACTS as follows:
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1. That the Corporation of the Municipality of Kincardine enter i~to an agreement
with the Kincardine & District Chamber of Commerce with respect to the
property known as the Annex; I
2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine, the Agreement with the Kin ardine & District
Chamber of Commerce attached to this by-law and to affix t e corporate seal
as and when required.
3. This By-law shall come into full force and effect upon its final passage.
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4. This By-law may be cited as the ·Chamber of Commerc Annex Building
Agreement, By-law".
READ a FIRST, SECOND, and THIRD time and DEEMED TO E PASSED this
13th day of February, 2002.
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KINCARDINE & DISTRICT CHAMBER OF COMMERCE ANNEX AGREEMENT
. This AGREEMENT made this IJ'¡'L, day of r; brv.a,,/ ,2002.
BE1WEEN:
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
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THE KINCARDINE & DISTRICT CHAMBER OF COMMERCE
Hereinafter called the ·Chamber"
Of the Second Part.
WHEREAS the Municipality and the Chamber wish to enter into an agreement whereby
the Chamber shall maintain the operating costs of the property known as the Annex,
known municipally as 719-723 Queen Street, Kincardine;
AND WHEREAS the Chamber of Commerce proposes to do this by entering into leases
with tenants for the use of the building, the revenues from which shall be used to cover
all operating and utility costs of the Annex;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
mutual covenants and agreements hereinafter contained, and subject to the terms and
conditions hereinafter set out, the parties agree as follows:
1. The Chamber shall be responsible for the utility and day-to-clay maintenance
costs of the Annex.
2. The Chamber may rent out space to tenants in the Annex as a means of raising
funds to meet the utility and day-to-day maintenance costs of the Annex.
3.
The Chamber agrees to provide office space in the Annex for use by the Fish
Kincardine Salmon Derby Committee, at no charge as long as the Committee
may require it.
4. The Chamber agrees to provide office space in the Annex for use by the Opp, at
no charge for the duration ofthis agreement.
5. The term of this agreement shall be fIVe (5) years commencing November 1,
2001 and expiring on October 31, 2006.
6. Either party may terminate this agreement by gMng ninety (90) days written
notice to the other. Any lease agreements which the Chamber may enter into
with tenants must include a ninety (90) day termination clause.
7. Names and nature of business of prospective tenants must by approved by the
Municipality's CAO. in advance of the Chamber agreeing to a lease with a
tenant.
8.
The Chamber shall be responsible for all utility costs, minor maintenance,
cleaning and snow removal. Minor maintenance includes such items as light
bulbs, washroom supplies, soap, etc. (Minor maintenance is financially defined
as repairs and maintenance less than $1,000.) Please note the Municipality is
represented by the Public Works Manager on building maintenance issues.
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Chamber of Commerce/Annex Agreement
Major property repairs required, would be covered by the Municipality and/or its
insurance policy. (Major maintenance is financially defined as repairs and
maintenance over $1,000.) Please note that the Municipality is represented by
the Public Works Manager on building maintenance issues.
10. Any alterations required for tenants shall require the written approval of the
Municipality's CAO. in advance of any work being carried out. All such
alteration expenses shall be the responsibility of the Chamber (or the tenant as
the case may be).
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11. The Chamber shall add the Municipality as an additional-named insured to its
liability insurance policy.
12. Repairs which are not insurable and have been caused by the Chamber or
tenant(s) shall be paid for by the Chamber, or the tenant if the Chamber has
stated such in its leases with its tenants.
13. Repairs which are a result of depreciation, wear and tear, etc. would be covered
by the Municipality.
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14. Any realty or business taxation resulting from the use of the building by the
Chamber and/or tenants shall be the responsibility of the Chamber.
15. Any exterior signage advertising tenants, Chamber, etc. is to be approved, in
writing, by the Municipality's C.B.O. Such advertising shall be in accordance with
the Municipality's sign by-law and in concert with its heritage designation.
16. The Chamber understands that the building is a designated building under the
Ontario Heritage Act, and absolutely no alterations or changes are to be made to
the exterior of the building without Council approval, within the conditions of that
designation.
17. The Municipality reserves the right to use the three offices on the second floor of
the Annex for an annual fee of $250.00. In addition, the Municipality is allowed
use of the basement.
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18. The Municipality may, at any time, enter and inspect the premises. The
Municipality shall give 24-hours notice, if required, to enter and inspect (except in
the instance of building inspection services resulting from the issuance of a
building permit).
19. This Agreement cannot be transferred or assigned to another party without the
consent, in writing, of the Municipality, and the Municipality may require the
payment of a fee as a condition of granting such consent.
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20. If the Chamber requires work to be carried out by the Municipality on the
building, such request shall be submitted to the Municipality, together with cost
estimates, no later than September 30th of each year in order that the
Municipality may determine if such expenditure should be included in the
following year's budget. The inclusion of such work in the Municipality's budget
is at the complete discretion of the Municipality.
21. The Chamber shall supply to the Municipality by January 31st of each year, a
financial statement showing the revenue and expenditure received and made by
the Chamber with respect to the building. Each year, 20% of the net rental
revenue shall be credited to the Annex Reserve Fund (as administered by the
Municipality). These funds shall be used for Mure capital repairs to the building.
Either party to this agreement may apply for their use and through the annual
Business Plan and Budget Process. Council shall determine the expenditure of
this capital repair fund.
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Chamber of Commerce/Annex Agreement
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested
by the hands of its Mayor and CAO. this I?,fh day of ¡;.J,......'I' 2002. The Chamber
has hereunto set its hand this I~'~ day of ¡;b_~J ,2002.
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SIGNED, SEALED AND DELIVERED )
in the presence of )
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Witness )
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Witness )
THE CORPORATION OF THI;",
MUNICI LITY KIN RPINÊ
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KINCARDINE & DISTRICT
CHAMBER OF COMMERCE
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Secretary