HomeMy WebLinkAbout02 144 lease agree rj's on beac
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BYLAW NO ~oo:<)- / <19
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BY-LAW
NO. 2002 - 144
BEING A BY-lAW TO AUTHORIZE THE SIGNING OF A lEASE
AGREEMENT WITH ROD MacDONALD FOR THE OPERATION OF A
CONCESSION BOOTH ON MUNICIPAL lANDS
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WHEREAS the Council for The Municipality of Kincardine deems it advisable to
enter into a Lease Agreement with Rod MacDonald for a Concession Booth on
lands owned by the Municipality adjacent to Tiny Tots Park;
AND WHEREAS this Concession Booth will be operated by Mr. MacDonald as
RJ's on the Beach for the balance of a five-year term, ending on the 30111 day of
April 2007;
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 into an agreement
with Rod MacDonald for the operation of a Concession Booth known as RJ's
on the Beach and located on municipal lands as shown on Attached Schedule
"A",
2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine, the Lease Agreement with Rod MacDonald
attached to this by-law and to affix the corporate seal as and when required.
e 3. This By-law shall come into full force and effect upon its final passage.
4. This By-law may be cited as the "RJ's on the Beach Agreement, By-law".
READ a FIRST, SECOND and THIRD TIME and DEEMED TO BE PASSED
this 2nd day of October, 2002.
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SCHEDULE "A'; TO BY·LAW
2002 - 144
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SCHEDULE "An
'THIS IS SCHED LE nA" T Y NO. 2OO2-~P~SSED THIS 2nd DAY
OF OCTOBER. 2
MAYOR
CLERK
. DATE: OCTOBER. 2002
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This AGREEMENT made this
J...d
day of October, 2002.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and-
ROD MacDONALD OPERATING AS RJ's ON THE BEACH
hereinafter calJed the "Lessee"
of the Second Part,
WHEREAS the Municipality wishes to enter into a lease agreement with Rod
MacDonald operating as RJ's on the Beach for the use of Municipal lands more
specifically described in Schedule "A" to this agreement;
AND WHEREAS Rod MacDonald has, on Municipal lands, a portable food concession
booth known as RJ's on the Beach;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration 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 111 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 Yielding and paying the
sum of eight thousand dollars ($8,000) plus G.S.T. payable as follows:, two
thousand dollars ($2,000) plus G.S.T. payable to the Municipality 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 1"' day of July, 2005, two thousand
dollars ($2,000) plus G.S.T. on 111 day of July, 2006.
3.
The lessee covenants to pay all realty and business taxes in respect of the
business carried on by the Lessee in or upon or by reason of their occupancy of
the premises hereby demised;
4. The Lessee covenants to repair all lands, buildings and equipment and leave the
premises in good repair, Any damage as a result of fire, lightning and tempest
wìll be Ihe only exceptions. The Municipality shell pay for all replacement of the
Munícípality's fixed assets that the Municipality deems in need of replacement,
5. The Lessee covenants Ihat Ihe Municipality, Ihrough its aulhorjzed agents, may
enter and view the state of repair during all reasonable hours.
6, The Lessee covenants that the premises will be used only during May until
September as a seasonal food concession booth and during the balance of Ihe
year the booth win be closed but can be used as a kitchen for food preparation
for the owners of RJ's on the Beach's other business,
7.
If for any valid reason the Municipality requires the use of the lands upon which
the booth sits, then the Lessee agrees to, upon receiving written notice, remove
the booth from the lands within ten days. The Municipality shall refund any rents
previously made on a pro rata basis.
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Rod MacDonald Lease Agreement
Page 20t5
8.
The Lessee covenants that no fixtures, goods or chattels of any 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 without the written
consent of the Municipality, its successors or assigns, being first had and
obtained, until at! rent in atf&&oS as welt as all rent to become due during the
remainder of the term hereby granted shall have been fully paid, or the payment
thereof secured to the satisfaction of the Municipality or its assigns.
9. The Lessee covenants to pay all charges for electric energy (for light and power)
used by the Lessee in the demised premises.
10. The Lessee covenants to pay all costs associated with the connection of hydro,
water, sewer and propane and to make such connections so as to comply with
any municipal by-laws or any other provincial statute,
11. The lessee covenants to keep the lands surrounding the booth free from litter,
debris and other garbage created as a result of the food concession operation.
12. The L~ssee covenants to dispose of aU refuse in accordance 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 shaD be at any time seized or taken in execution of attachment; or
if the Lessee shall make an assignment for the benefit of creditors or shall
become bankrupt or insolvent or make a proposal to its creditors or without the
consent of the Municipality being first obtained in writing, shall make a sale
under the Bulk Sales Act, in respect of goods on the premises, or being a
company shall become subject to any legislative enactment relating to
liquidation or winding up, wither voluntary or compulsory, the said term shall
immediately become forfeited and void,
14. The Lessee covenants, promises and agrees with the Municipality that
notwithstanding any present or future Act of the legislature of the Province of
Ontario, none of the goods or chattels of the Lessee at any time during the
continuance of the term hereby created on the said demised premises shall be
exempt from levy by distress for rent in arrears by the Lessee as provided for by
the said Section of said Act, and that upon any claim being made for such
exemption by the Lessee or on distress being made by the Municipality, this
covenant and agreement may be pleaded as an estoppel against 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 under and by virtue of
the said section of the said act but for the above covenant.
The Municipality covenants with the lessee for quiet enjoyment
15. The Municipality covenants to give the Lessee, his agents, clerks, servants and
all persons transacting business with the Lessee, in common with other persons,
the right to enter the demised premises by means of the main entrance on
Saugeen Street and free use of the Saugeen Street passages from the street to
the said premises at aU reasonable times.
16, The Municipality may void the lease agreement on non-payment of rent or non-
performance of covenants by the lessee,
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Rod MacDonald Lease Agreemant
Page 3 of 5
17. It is further declared and agreed that in case the said premises or any part
thereof, become and remain vacant and unoccupied for the period of fifteen
days, or be used by any other person or persons, or for any other purposes than
as above provided, without the written consent of the Municipality this tease
shalt, at 1he option of 1he Municipality, cease and be void, and 1he term hereby
created expire and be at an end, anything hereinbefore to the contrary
notwithstanding and the proportionate part of the current rent shall thereupon
become immediately due and payable, and the Municipality 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 expiration of the term; or
in such case instead of this lease as aforesaid and re-entering upon the demised
premises, the Municipality may take possession of the demised premises, or any
part of parts thereof, and let and manage the same and grant any lease or
leases thereof upon such terms as to the Municipality or its assigns may appear
to be reasonable, and demand, collect, receive and distrain for all rentel which
shall become payable in respect thereof, and apply the said rentals after
deducting all expenses incurred in connection with the demised premises and in
the collection of the said rent including reasonable commission for the collection
thereof and the management of the demised premises, upon the rent hereby
reserved, and the Municipality and its assigns and every such agent acting as
aforesaid from time to time, shall in so acting be the agent of the lessee, who
alone shall be responsible for their acts, and the Municipality and its assigns
shaH not be accountable for any moneys except those actually received,
notwithstanding any act, neglect, omission of default or any such agent acting as
aforesaid.
18. And it is further declared and agreed that the Municipality shall not be liable for
any damage to any property at any time upon the demised premises arising from
steam, water, rain or snow, which may leak into, issue or flow from any part of
the said lands or from the water, steam or drainage pipes or ptumbing works of
the same or from any other place or quarter for any damage caused by or
attributable to the condition or arrangements of electric or other wires on the
said demised premises.
19. And the Municipality shall not be responsible for any personal injury which shall
be sustained by the Lessee or any employee, customer, or other person· who
may be upon the demised premises or in the said building or the entrances or
appurtenances thereto. All risks of any such injury being assumed by the
Lessee, who shall hold the Municipality harmless and indemnified therefrom,
20. The lessee agrees to provide liability insurance in the minimum amount of
$2,000,000,00 for the business and add the Municipality of 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 Municipality to pay an
inaeased 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
lessee is or becomes of such a nature to increase the insurance risk or causes
the Munícípality and/or other ~"pots of the said building to pay an increased
rate of insurance premiums, that the lessee will from time to time pay to the
Municipality the increased amount of insurance premiums which the said
Municipality and other occupants of the said building have to pay in
consequence thereof; provided that the Lessee covenants 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 Municipality or the other occupants of
the said building.
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Rod MacDonald Lease Agreement
Page 4 of 5
22. Provided that the Lessee will not do or permit anything to be done on the said
premises or permit or keep anything therein which may be annoying to the
Municipality or other occupants of the said premises or which the said
Municipality may deem to be a nuisance and that no "laC! '¡nery shall be used
therein which shall cause any undue vibration in or to the said premises and that
in case of the Municipality or any other occupants of the said premises
reasonably complaining that any machinery or operation of process 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 immediately
abate such nuisance. The said Lessee covenants not to obstruct or interfere
with the rights of the Municipality or other occupants of the said premises or in
any way injure or annoy them or conflict with any of the rules and regulations 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 due hereunder, nor
shall the Lessee be entitled to damages, losses, costs or disbursements from the
Municipality during the term hereby created on, caused by or on account of fire,
(except as above), water, sprinklers systems, partial or temporary failure or
stoppage of heat, light or plumbing services in or to the said premises or
buildings, whether due to acts of God, strikes, accidents, the making of
alterations, repairs, renewals, improvements, structural changes to the said
premises or buildings or the equipment or systems supplying the said services,
or from any cause whatsoever; provided that the said failure or stoppage be
remedied within a reasonable time.
24. That any notice which either of the parties is required or permitted to give
pursuant to any provision of this lease may, if intended for the Lessee be given
by a writing left at the demised premises or mailed by registered mail addressed
to the Lessee at the demised premises and if intended for the Municipality by a
writing left at the premises of the Lessor at the Office of the Clerk, Municipal
Administration Centre, 1475 Concession 5 RR 5, Kincardine, Ontario, N2Z 2X6,
or mailed by registered mail addressed to the Municipality at 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 age ood that should the lessee hold over after
the expiration of this lease and the Municipality thereafter accept rent for the
said premises the Lessee shall hold the said premises as a monthly tenant only
of the Municipality but subject in all other respects to the terms and conditions of
this lease.
26. The Ut!see shall have the right to renegotiate this lease for a further three-year
period on terms and with terms acœptabIe to the Municipality.
27. The words importing the singular number only shall include the plural and vice
versa, and words importing the masculine gender shall include the feminine
gender, and words importing persons shall include firms and corporations and
vice versa.
28.. This lease is not assignable without the written permission of the Municipality.
29, This Agreement shall ensure to the benefit of and be binding on the respective
heirs, executors, administrators, successors and assigns of the parties hereto
(and shan run with the said land owned by the partíes).
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Rod MacDonald Lease Agreement
Page 5 of 5
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested
by the hands of its Mayor and CAO this..7""( day of October 2002. Rod MacDonald has
hereunto set his hand this d.J. day of October 2002,
SIGNED, SEALED AND DELIVERED
in the presence of
) THE CORPORATION OF THE
) MUNICIPALITY OF ARDI E
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) Rod MacDonald operating s RJ's on the
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