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HomeMy WebLinkAboutKIN 95 083 Lease - Rotary Club e e e e THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1995-83 A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH THE KINCARDINE ROTARY CLUB. WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into a lease agreement with the Kincardine Rotary Club for part of Reunion Park. 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 Rotary Club to lease a portion of Reunion Park for the operation of a food booth. 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 Rotary Club which is attached to this by-law and to affix the Town's Corporate seal as and when required. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Rotary Club Lease Agreement By-law". READ a FIRST and SECOND time this 7th day of December, 1995. READ a THIRD time and FINALLY PASSED this 21st day of December, 1995. ~##~ Mayor This AGREEMENT made this~Tday of December, 1995. BETWEEN: . THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, -and- KINCARDINE ROTARY CLUB hereinafter called the "Club" of the Second Part. WHEREAS the Club has leased Town lands and concession booth on the lands commonly known Park in the Town of Kincardine under Agreement 8, 1994; operated a as Reunion dated April AND WHEREAS both for a further considerations; parties wish to renew the said agreement period of three years, among other . NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considera- tion 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 the term of 1996, 1997 and 1998 computed from day of November, 1995 and thenceforth ensuing be fully completed and ended on the 31st October 1998. during the 1st and to day of 2. YIELDING AND PAYING THEREFORE the sum of one ($1) per annum, the receipt of which is acknowledged by the Town. dollar hereby 3. The Club covenants to pay all realty and business taxes in respect of the business carried on by the Club in or upon or by reason of their occupancy of the premises hereby demised; 4. The Club covenants to repair all lands, buildings and equipment and leave the premises in good repair. . 5. The Club agrees that no additions will be added on to the booth, once constructed, without first having obtained the permission of the Town. The Club agrees to submit a plan for any addition(s} to the booth for the Town's approval and to comply with any requirements established by the Town with respect to permits, lighting, colour and style of the building and its app~pances. ~ 6. The Club agrees that all signage for the facility will be professionally produced. 7. The Club covenants that the Town, through authorized agents, may enter and view the state repair during all reasonable hours. its of 8. 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 and September. . .. ./2 Rotary Club Food Booth Agreement Page 2 9. If for any the lands agrees to, booth from valid reason the Town requires the use upon which the booth sits, then the upon receiving written notice, remove the lands within ninety days. of Club the . 10. The Club 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 Town, its successors or assigns, being first had and obtained, until all rent in arrears as well 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 Town or its assigns. 11. The Club covenants to pay all charges for electric energy (for light and power) used by the Club in the demised premises. · 12. The Club covenants to install meters for water and electricity service in order that actual costs for these services can be directly billed to the Club by the Town of Kincardine. Further, the Club agrees 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. 13. 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. 14. The Club covenants to dispose of all refuse in accordance with the Town's applicable by-laws. 15. The Club agrees that the operation of this activity by the Club is not exclusive, and the Town may, at any time, grant further concession rights to any other person or group as the Town feels is appropriate in its absolute discretion. · 16. The Club covenants that, if the term hereby granted or the goods and chattels of the Club shall be at any time seized or taken in execution of attachment; or if the Club 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 Town 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, whether voluntary or compulsory, the said term shall immediately become forfeited and void. · 17. The Club covenants, promises and agrees with the Town of Kincardine that notwithstanding any present or future Act of the Legislature of the Province of Ontario, none of the goods or chattels of the Club 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 Club as provided for by the said Section of said Act, and that upon any claim being made for such exemption by the Club or on distress being made by the Town of Kincardine, this covenant and agreement may be pleaded . . . /3 Rotary Club Food Booth Agreement Page 3 · 17. (continued) 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 Club waiving as it hereby does all and every benefit that could or might have accrued to it under and by virtue of the said section of the said act but for the above covenant. lB. The Town covenants with the Club for quiet enjoyment. 19. The Town 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. · 20. 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, during the months of operation, or be used by any other person or persons, or for any other purposes than as above provided, without the written consent of the Town of Kincardine, this lease shall, at the option of the Town, cease and be void, and the 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 Town may re-enter and take possession of the premises as though the Club 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 Town 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 Town or its assigns may appear to be reasonable, and demand, collect, receive and distrain for all rental 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 Town and its assigns and every such agent acting as aforesaid from time to time, shall in so acting be the agent of the Club, who alone shall be responsible for their acts, and the Town and its assigns shall not be accountable for any moneys except those actually received, notwithstanding any act, neglect, omission of default or any such agent acting as aforesaid. · · 21. AND IT IS FURTHER DECLARED AND AGREED THAT the Town 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. ... /4 Rotary Club Food Booth Agreement Page 4 · 22. AND the Town 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 Town harmless and indemnified therefrom. · 23. THE Club covenants with the Town 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 Town 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 or causes the Town and/or other occupants of the said building to pay an increased rate of insurance premiums, that the Club will from time to time pay to the Town the increased amount of insurance premiums which the said Town and other occupants of the said building have to pay in consequence thereof; provided that the Club covenants that he will not carryon or permit to be carried on any business in the said building which may make void or voidable any insurance held by the Town or the other occupants of the said building. · 24. PROVIDED that the Club 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 Town or other occupants of the said premises or which the said Town may deem to be a nuisance and that no machinery shall be used therein which shall cause any undue vibration in or to the said premises and that in case of the Town 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 Club will immediately abate such nuisance. The said Club covenants not to obstruct or interfere with the rights of the Town 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. · 25. THERE shall be no abatement from or reduction of the rent due hereunder, nor shall the Club be entitled to damages, losses, costs or disbursements from the Town during the term hereby created on, caused by or on account of fire, 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. .. ./5 Rotary Club Food Booth Agreement Page 5 26. 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 Club be given by a writing left at the demised premises or mailed by registered mail addressed to the Club at the demised premises and if intended for the Town by a writing left at the premises of the Lessor at the Office of the Clerk, Town of Kincardine, 707 Queen Street, Kincardine, Ontario, N2Z 1Z9, or mailed by registered mail addressed to the Town of Kincardine at the Town'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. . 27. PROVIDED further and it is hereby agreed that should the Club hold over after the expiration of this lease and the Town thereafter accept rent for the said premises the Club shall hold the said premises as a monthly tenant only of the Town but subject in all other respects to the terms and conditions of this lease. . 2B. The Club shall have the right to renegotiate this lease for a further period of up to three years on terms and with terms acceptable to the Town. The Club agrees that upon expiration of this booth shall be removed from the said lands area returned to its original state. 29. lease the and the 30. 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. 31. This lease is not assignable without the written permission of the Town. 32. This Agreement shall enure to the benefit of and be binding on the respective heirs, executors, administrators, successors and assigns of the parties hereto (and shall run with the said land owned by the parties) . . IN WITNESS WHEREOF the Town has hereto affixed its corporate seal attested by the hands of its mayor and clerk this ;;tl"'" day of December, 1995. The Club has hereunto set their hands this I ~, day of December, 1995. . SIGNED, SEALED AND DELIVERED } in the presence of } } } } ) ) ) } } } } } } } ) ) ) ) THE CORPORATION OF THE TOWN ~CARDINE ~~---- Ma~nn per: Clerk - Maureen Couture KIB~ Der: . - Pre e KINCARDINE ROTARY CLUB per: ~~ Secretary .