HomeMy WebLinkAboutKIN 97 033 Agree-Chambr/Comerce
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1997-33
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A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE
KINCARDINE & DISTRICT CHAMBER OF COMMERCE WITH RESPECT TO
THE TOWN HALL ANNEX.
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it advisable to enter into an agreement with
the Kincardine & District Chamber of Commerce for the
maintenance and operation of the property known as the Town
Hall Annex situated at 719-723 Queen Street, Kincardine.
AND WHEREAS the Chamber of Commerce has agreed to do this by
entering into leases with tenants for the use of the Town Hall
Annex; the revenues from which shall be used to cover all
operating and utility costs.
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1. That the Corporation of the Town of Kincardine enter
into an agreement with the Kincardine & District Chamber
of Commerce with respect to the property known as the
Town Hall Annex.
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That the Mayor and Clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
Agreement with the Kincardine & District Chamber of
Commerce.
3.
This
its
by-law shall come into full force and effect
final passage.
upon
4. This by-law may be cited as the "Chamber Agreement - Town
Hall Annex, Bylaw".
READ a FIRST and SECOND time this 22nd day of May, 1997.
READ a THIRD time and FINALLY PASSED this 5th day of June, 1997.
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THIS AGREEMENT made in duplicate this 22nd day of May,
1997.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town";
of the first part;
AND:
THE KINCARDINE & DISTRICT CHAMBER OF COMMERCE
hereinafter called the "Chamber";
of the second part;
WHEREAS the Town and the Chamber wish to enter into an
agreement whereby the Chamber shall maintain the operating
costs of the property known as the Town Hall 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
consideration of the
hereinafter contained,
conditions hereinafter
follows:
AGREEMENT WITNESSETH THAT in
mutual covenants and agreements
and subject to the terms and
set out, the parties agree as
1. The Chamber shall be responsible for the utility and
day-to-day maintenance costs of the Town Hall Annex.
2. The Chamber may rent out space to tenants in the Town
Hall 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
Annex for use by the Fish Kincardine
Committee at no charge as long as the
require it.
space in the
Salmon Derby
Committee may
4.
The Chamber agrees to provide office space in the
Annex for use by the Kincardine Arts Council at no
charge for the duration of this agreement, should it
be requested by the Kincardine Arts Council.
5. The term of this agreement shall be five (5) years
commencing July 1, 1997 and expiring on June 30, 2002.
The agreement may be renewed with the permission of
the Town for a further five-year period. Renewal of
the said agreement shall be completed before the June
30, 2002 expiry date.
6. Either party may terminate this agreement by giving
ninety (90) days' written notice to the other. Any
lease agreements which the Chamber may enter into with
tenants must include a sixty-(60) day termination
clause.
7.
Names and nature of business of prospective tenants
must be approved by the Town's C.A.O. & Clerk in
advance of the Chamber agreeing to a lease with a
tenant. The C.A.O. & Clerk, if necessary, shall
obtain Council approval of prospective tenants where
the nature of the business may not be compatible with
Town policy and direction.
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The Chamber shall be responsible for
costs, minor maintenance, cleaning, and
Minor maintenance includes such items as
washroom supplies, soap, etc.
all utility
snow removal.
light bulbs,
9 .
Major property repairs required due to an
would be covered by the Town and/or its
policy.
accident
insurance
10. Any alterations required for tenants shall require the
written approval of the Town 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) .
11. The Chamber shall add the Town as an additional-named
insured to its liability insurance policy; the Town
shall do the same with respect to the Chamber on its
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 Town.
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 Town.
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
and LACAC approval, within the conditions of that
designation.
17. It is understood and agreed that the south-west office
on the second floor of the Annex (formerly occupied by
the Kincardine Police Services Board) is not available
to the Chamber or tenants and the office is to remain
under the control of the Town.
18. The Town may, at any time, enter and inspect the
premises. The Town 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
Town, and the Town may require the payment of a fee as
a condition of granting such consent.
20. If the Chamber requires work to be carried out by the
Town on the building, such request shall be submitted
to the Town, together with cost estimates, no later
than September 30th of each year in order that the
Town may determine if such expenditure should be
included in the following year's budget. The
inclusion of such work in the Town's budget is at the
complete discretion of the Town.
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21. The Chamber shall supply to the Town, 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. Should the
operation create an ongoing surplus in excess of
$5,000 to the Chamber, either party reserves the right
to re-negotiate the financial terms of this agreement
whereby upgrading and major wear-and-tear expenditures
by the Town on the building would be all or partially
paid by such surplus. The intent of this agreement is
that the taxpayer of the Town of Kincardine is not
liable for expenses with respect to this building.
IN WITNESS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of the Mayor and Clerk
of the Town of Kincardine this ~ 'il day M... ""-y. ,
1997, and the Chamber has hereunto set its hand ånd seal
this 5..... day of ~ut>.oe , 1997,
SIGNED, SEALED AND DELIVERED
in the presence of
) THE CORPORATION OF THE TOWN
) OF KINCARDI:NE.·H"""
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) Charles W. Ma~ :
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) Maureen A. Couture, Clerk
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) KINCARDINE & DISTRICT
) CHAMBER OF COMMERCE:
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Secretary