HomeMy WebLinkAboutKIN 95 066 Lease - Con Booth
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1995-66
A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT FOR THE
OPERATION OF THE CONCESSION BOOTH ON TOWN LANDS
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it advisable to enter into a lease agreement
for the operation of concession booth on lands owned by the
Town adjacent to Tiny Tot 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 Robert and Eleanor Mueller for the
operation of a concession booth.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with Robert and Eleanor Mueller 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 "Mueller
Booth Lease Agreement 1995 By-law".
Concession
READ a FIRST and SECOND time this 5th day of October, 1995.
READ a THIRD time and FINALLY PASSED this 19th day of October,
1995.
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Mayor
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Clerk
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This AGREBMBNT made this 5th day of October, 1995.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
ROBERT MUELLER & ELEANOR MUELLER
herinafter called the "Lessee"
of the Second Part.
WHEREAS the Town wishes
with the Mueller's for
specifically described in
to enter into a
the use of
Schedule "A" to
lease agreement
Town lands more
this agreement¡
AND WHEREAS the Mueller's has on Town lands a portable food
concession booth¡
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 during
the term of 1995 to be computed from the 1st day of
Novemþer, 1995 and thenceforth ensuing and to be fully
completed and ended on the 31st day of October 1998.
2. YIELDING AND PAYING THEREFORE the sum of seven
thousand, two hundred dollars ($7,200) plus G.S.T.
payable as follows: two thousand three hundred
dollars ($2,300) plus G.S.T payable to the Town on
July 1. 1996 , two thousand four hundred dollars
($2,400) plus G.S.T. on July 1, 1997, two thousand
five hundred dollars ($2,500) plus G.S.T. on July 1,
1998. The Lessee covenants with the Town to pay rent¡
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¡
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
will be the only exceptions. The Town shall pay for
all replacement of fixed assets the Town deems in need
of replacement.
4.
s...
The Lessee covenants that the Town, through
authorized agents, may enter and view the state
repair during all reasonable hours.
its
of
6. The Lessee 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 food concession
booth. To operate during the months of May, June,
July, August and September.
7.
If for any valid reason the Town 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 Town shall
refund any rents previously made on a pro rata basis.
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Mueller Food Booth Agreement
Page 2
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 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.
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 Lessee covenants to dispose of all refuse in
accordance with the Town's applicable by-laws.
13.
The Lessee covenants that, if the term hereby granted
or the goods and chattels of the Lessee shall 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 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,
wither voluntary or compulsory, the said term shall
immediately become forfeited and void.
14.
The Lessee 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 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
~emption, bythè'Less_ or on distress being made by
'the Town of Kincardine, 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.
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Mueller Food Booth Agreement
Page 3
Lessee for quiet
The Town covenants with the
enjoyment.
15. The Town covenants to give the Lessee, his agents,
clerks, servants and all persons transacting business
with the Lessee, in common with other persons, the
ri~ht to enter the demised premises by means of the
ma~n entrance on Saugeen Street and free use of the
Saugeen Street passages from the street to the said
premises at all reasonable times.
16. PROVISO for re-entry by the said Town on non-payment
of rent or non-performance of covenants.
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 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 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 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
Lessee, 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.
18.
AND IT IS FURTHER DECLARED AND AGREED THAT the Town
~~hall net 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.
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Mueller Food Booth Agreement
Page 4
19. AND the Town shall not be responsible for any personal
injury which shall be sustained by the Lessee or any
employee, customer, or other person who maybe 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 Town harmless and indemnified therefrom.
20. THE Lessee covenants with the Town 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 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 Lessee 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 Lessee 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 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 Town
or the other occupants of the said building.
21. 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
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
Lessee will immediately abate such nuisance. The said
Lessee 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.
22. THERE shall be no abatement from or reduction of the
rent due hereunder, nor shall the Lessee be entitled
to ~amages, losses, costs or disbursements from the
~_ }l'own ,CcC 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.
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Mueller Food Booth Agreement
Page 5
23. 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
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.
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24. PROVIDED further and it is hereby agreed that should
the Lessee hold over after the expiration of this
lease and the Town thereafter accept rent for the said
premises the Lessee 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.
The Lessee shall have the right to renegotiate
lease for a further three year period on terms
with terms acceptable to the Town.
26. 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.
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25.
this
and
27. This lease is not assignable without the written
permission of the Town.
28. 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).
Town has hereto affixed its
the hands of its mayor and clerk
, 1995. Robert Mueller has
ill' t<- day of ¡p~ , 1995.
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IN WITNESS WHEREOF the
corporate seal attested by
this day of
hereunto set his hand this
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SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE TOWN
OF KINCARDI~,.··~,
per~~5:~
MaY~ .~..
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car: _ - ¥~.~~ ",':' ......'
Clerk - Maureen ·~__9()á:tJ.a·fi>"
..~~~~~." .V'"'"''''
ROBERT MUELLER
per:R~ ~
Robert Mueller
ELEANOR MUELLER
per: E)--~/J ~
Eleanor Mueller ~
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SCHEDULE -A-
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THAT Part of Plan 313 consisting of part of Part Lot G, in
the Town of Kincardine, County of Bruce.
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