HomeMy WebLinkAbout99 019 Lease Booth/Reunion Park
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE-BRUCE-TIVERTON
BY-LAW
BY-LAW NUMBER 1999 -19
A BYLAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT
FOR THE OPERATION OF THE CONCESSION BOOTH
AT REUNION PARK
WHEREAS the Council for The Corporation of the Township of Kincardine-
Bruce- Tiverton deems it advisable to enter into a lease agreement for the
operation of concession booth on lands owned by the Municipality in Reunion
Park;
NOW THEREFORE the Council for The Corporation of the Township of
Kincardine-Bruce-Tiverton ENACTS as follows:
1. That The Corporation of the Township of Kincardine-Bruce-Tiverton enter
into an agreement with the Kincardine Rotary Club for the operation of a
concession booth;
2. That the Mayor and Clerk be authorized to sign, on behalf of The
Corporation of the Township of Kincardine-Bruce-Tiverton, the Agreement
with the Kincardine Rotary Club, attached to this by-law and to affix the
Town's corporate seal as and when required;
3. That this by-law shall come into full force and effect upon its final passage.
4. That this By-law may be cited as the "Rotary Club Concession Booth
Lease Agreement By-law".
READ a FIRST and SECOND time this 3rd day of March, 1999.
READ a THIRD time and FINALLY PASSED this 3rd day of March, 1999.
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This AGREEMENT made this...l day of March, 1999.
. BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE-BRUCE-TIVERTON
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hereinafter called the "Municipality"
ofthe First Part,
-and-
KINCARDINE ROTARY CLUB
hereinafter called the "Club"
of the Second Part.
WHEREAS the Club has leased Municipal lands and operated a concession booth on
the lands commonly known as Reunion Park and harbour area in the Township of
Kincardine-Bruce- Tiverton under Agreement dated April 8, 1994;
AND WHEREAS both parties wish to renew the said agreement for a further period of
ten years, among other considerations;
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. TO HAVE AND TO HOLD the said premises for and during the term of January
1, 1999 to January 1, 2009.
2. YIELDING AND PAYING THEREFORE the sum of $1.00 with a donation of
$5,000.00 (subject to lottery funds being received by the Rotary Club and
payable over the subsequent three years). The donation is to go towards the
Reunion Station project only.
3.
The Club covenants to repair all buildings and equipment and leave the premises
in good repair.
4.
The Club agrees that no additions will be added on to the booth without first
having obtained the permission of the Municipality. The Club agrees to submit a
plan for any additions to the booth for the Municipality's approval and to comply
with any requirements established by the Municipality with respect to permits,
lighting, colour and style of the building and its appurtenances.
5. The Club agrees that all signage for the facility will be professionally produced.
6. The Club covenants that the Municipality, through its authorized agents, may
enter and view the state of repair during all reasonable hours, on reasonable
notice.
7. The Club covenants that the demised premises will not, during the said term, be
at any time used for any other purpose than that of a seasonal take-out food
concession booth. To operate during the months of May, June, July, August,
September and October.
8.
If for any valid reason the Municipality requires the use of the lands upon which
the booth sits, then the Club agrees to negotiate with the Municipality for a
mutually acceptable alternate site within Reunion Park which will have all present
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Rotary Club Food Booth Agreement
Page 2 of4
facilities (e.g. water, hydro, sewer, parking) supplied by the Municipality at no
cost to the Club within 90 days.
9.
The Club covenants to pay all charges for electric energy and water used by the
Club in the demised premises.
10. The Club covenants to maintain meters for water and electricity service in order
that actual costs for these services can be directly billed to the Club
11. The Club 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 Club covenants to dispose of all refuse in accordance with the Municipality's
applicable by-laws.
13. The Club agrees that the operation of this activity by the Club is not exclusive,
and the Municipality may, at any time, grant further concession rights to any
other person or group as the Municipality feels is appropriate in its absolute
discretion.
14. The Municipality covenants with the Club for quiet enjoyment.
15. The Municipality covenants to give the Club, their agents, clerks, servants and all
persons transacting business with the Club, in common with other persons, the
right to enter the demised premises by means of the main entrance on Huron
Terrace and free use of the Russell Street passages from the street to the said
premises at all reasonable times.
16. 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
plumbing 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.
17. AND the Municipality shall not be responsible for any personal injury which shall
be sustained by 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 Club, who shall hold
the Municipality harmless and indemnified therefrom.
18. THE Club covenants with the Municipality that their 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
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
Club is or becomes of such a nature to increase the insurance risk Of causes the
Municipality and/or othef occupants of the said building to pay an incfeased fate
of insurance premiums, that the Club 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 Club covenants that he will not carry on
or permit to be carried on any business in the said building which may make void
Of voidable any insurance held by the Municipality or the othef occupants of the
said building.
19. PROVIDED that the Club will not do Of permit anything to be done on the said
premises or permit or keep anything thefein which may be annoying to the
Municipality or other occupants of the said premises or which the said
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Rotary Club Food Booth Agreement
Page 3 of4
Municipality may deem to be a nuisance and that no machinery shall be used
therein which shall cause any undue vibfation in Of to the said pfemises and that
in case of the Municipality or any othef occupants of the said pfemises
reasonably complaining that any machinery or operation of pfocess is a nuisance
to it Of them of which causes any undue vibration or noise on the said pfemises,
that upon receiving notice thefeof, the said Club will immediately abate such
nuisance. The said Club covenants not to obstruct or interfere with the fights of
the Municipality or othef occupants of the said premises Of in any way injufe or
annoy them or conflict with any of the rules and regulations of the Board of
Health Of with any Statute or Municipal by-law.
20. THERE shall be no abatement from Of reduction of the rent due hereundef, nor
shall the Club be entitled to damages, losses, costs Of disbursements ffom the
Municipality dUfing the term hereby created on, caused by or on account of fire,
water, sprinklefs systems, partial or temporary failufe or stoppage of heat, light
Of plumbing services in Of to the said premises or buildings, whethef due to acts
of God, stfikes, accidents, the making of alterations, repairs, fenewals,
improvements, structural changes to the said premises or buildings Of the
equipment Of systems supplying the said services, or from any cause
whatsoever; provided that the said failufe Of stoppage be remedied within a
feasonable time.
21. THAT any notice which eithef of the parties is requifed Of permitted to give
pursuant to any provision of this lease may, if intended for the Club be given, in
writing, to the President or Secretary of the Club, or mailed by registefed mail
addressed to the Club at P.O. Box 113, Kincardine, Ontario, N2Z 2Y6, and if
intended for the Municipality by a writing left at the premises of the Lessor at the
office of the Clerk, Township of Kincardine-Bruce- Tiverton, 707 Queen Stfeet,
Kincardine, Ontario, N2Z IZ9, or mailed by registered mail addressed to the
Township of Kincafdine-Bruce- Tiverton at the Municipality's said pfemises and
such notice shall be deemed to have been given at the time it was delivefed or
mailed, as the case may be.
22. PROVIDED furthef and it is hefeby agfeed that should the Club hold over after
the expiration of this lease and the Municipality thereafter accept fent fOf the said
pfemises the Club shall hold the said pfemises as a monthly tenant only of the
Municipality but subject in all other respects to the terms and conditions of this
lease.
23. The Club shall have the right to renegotiate this lease fOf a furthef pefiod on
terms and with terms acceptable to the Municipality, first option to renegotiate.
24. The Club agrees that upon expiration of this lease the booth shall be removed
ffom the said lands and the area fetumed to its ofiginal state.
25. The wOfds importing the singular numbef only shall include the plufal and vice
vefsa, and words importing the masculine gender shall include the feminine
gendef, and words importing persons shall include firms and corpofations and
vice versa.
26. This lease is not assignable without the written permission of the Municipality.
27. This Agfeement shall inure to the benefit of and be binding on the respective
heifs, executors, administrators, successors and assigns of the parties hefeto
(and shall run with the said land owned by the parties).
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Rotary Club Food Booth Agreement
Page 4 of4
IN WITNESS WHEREOF the Municipality has hefeto affixed its corpofate seal attested
by the hands of its mayof and clerk this G{ tI- day of March, 1999. The Club
has hereunto set their hands this c:¡ ~ day of March, 1999.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE TOWNSHIP
OF KINCARDINE-BRUCE-TIVERT()~
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