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HomeMy WebLinkAboutKIN 97 033 Agree-Chambr/Comerce THE CORPORATION OF THE TOWN OF KINCARDINE e BY-LAW BY-LAW NO. 1997-33 e 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. e 2 . 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. e $~~~ ~~ Clerk ~ > . ·e e -e . 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. . . ./2 - - . e e -- . -2- 8 . 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. .. ./3 .r .~ '. e e ~/ -3- 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""" ¡~ ~:"" ) ) Charles W. Ma~ : ) ,.... ' ) 0v /1 ___' ":-......<.. .' ¡/~.:.:.., ) Maureen A. Couture, Clerk ) ) KINCARDINE & DISTRICT ) CHAMBER OF COMMERCE: ) ) ) ) ) ) ) ) ) ) ~ ~·,~.....O-1. Secretary