HomeMy WebLinkAbout07 066 Chamber Annex Management (2007) Agreement
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 - 066
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH
KINCARDINE & DISTRICT CHAMBER OF COMMERCE FOR THE
MANAGMENET OF 719 -723 QUEEN STREET (THE "ANNEX").
MUNICIPALITY OF KINCARDINE
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.D. 2001, c. 25, as
amended, provides that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues;
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality has the capacity, rights, powers and privileges of a natural person
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Council for The Corporation of the Municipality of
Kincardine deems it advisable to enter into an agreement with Kincardine &
District Chamber of Commerce to manage the property located at 719 - 723
Queen Street (the "Annex") Municipality of Kincardine, subject to the conditions
in the agreement attached hereto as Schedule "A";
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1.
That the Corporation of the Municipality of Kincardine enter into an
agreement with the Kincardine & District Chamber of Commerce for the
management of 719 - 723 Queen Street (the Annex), Municipality of
Kincardine.
2. That the Mayor and CAD be authorized to sign, on behalf of the
Municipality of Kincardine, the lease agreement with the Kincardine &
District Chamber of Commerce, attached to this by-law as Schedule "A".
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 "Chamber Annex Management
(2007) Agreement By-law".
READ a FIRST. SECOND. and THIRD time and FINALLY PASSED this 16th day
of May , 2007.
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KINCARDINE & DISTRICT CHAMBER OF COMMERCE ANNEX AGREEMENT
This AGREEMENT made this ~ day of MCH.1_,2007.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and-
THE KINCARDINE & DISTRICT CHAMBER OF COMMERCE
Hereinafter called the "Chamber"
Of the Second Part.
WHEREAS the Municipality and the Chamber wish to enter into an agreement whereby
the Chamber shall maintain the operating costs of the property known as the 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 AGREEMENT WITNESSETH THAT in consideration of the
mutual covenants and agreements hereinafter contained, and subject to the terms and
conditions hereinafter set out, the parties agree as follows:
1. The Chamber shall be responsible for all utility and day-to-day maintenance
costs of the Annex.
2. The Chamber may rent out space to tenants in the 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 space in the Annex for use by the
Kincardine Fish Derby Committee, at no charge as long as the Committee may
require it.
4. The Chamber agrees to provide office space in the Annex for use by the OPP, at
no charge for the duration of this agreement.
5. The term of this agreement shall be five (5) years commencing April 1 , 2007 and
expiring on March 31, 2012.
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 ninety (90) day termination clause.
7. Names and nature of business of prospective tenants must by approved by the
Municipality's CAO. in advance of the Chamber agreeing to a lease with a
tenant.
8. The Chamber shall be responsible for all utility costs, minor maintenance,
cleaning and snow removal. Minor maintenance includes such items as light
bulbs, washroom supplies, soap, etc. (Minor maintenance is financially defined
as repairs and maintenance less than $1,100.) Please note the Municipality is
represented by the Public Works Manager on building maintenance issues.
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Chamber of Commerce/Annex Agreement
9. Major property repairs required, shall be covered by the Municipality and/or its
insurance policy. (Major maintenance is financially defined as repairs and
maintenance $1,100 and over.) .
10. Any alterations required for tenants shall require the written approval of the
Municipality's CAO. 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. Indemnitv
The Chamber agrees to indemnify and hold harmless the Municipality from and
against all suits, judgements, claims, demands, expenses actions, causes of
action and losses and for any and all liability for damages to property and injury
to persons (including death) which the Municipality may incur, otherwise than by
reason of their own negligence or willful misconduct, as a result of or arising out
of or in relation to any breach of the terms of this Agreement, or the
Municipality's own negligence or willful misconduct.
Insurance
The Chamber shall put in effect and maintain in its name, at its expense, all the
necessary insurance that shall be considered appropriate for a prudent tenant
undertaking this type of operation for the period during which the Agreement is in
effect with insurers acceptable to the Municipality, including:
AI Commercial General Liability Insurance, for third party bodily injury,
personal injury and property damage to an inclusive limit of not less than Two
Million Dollars ($2,000,000.00) per occurrence. The policy shall include:
a) The Corporation of the Municipality of Kincardine as an additional insured;
b) Cross liability
c) Contractual liability;
d) Tenant's Legal Liability
e) Contents coverage on a replacement cost basis for all property owned by
the Chamber and located at the Annex;
f) Non-Owned automobile coverage with blanket contractual and physical
damage coverage for hired automobiles; and
g) A thirty (30) day written notice of cancellation
B/ The Chamber shall provide the Municipality with a valid Certificate of
Insurance as evidence of the above coverages upon signing the agreement.
The Chamber shall provide the Municipality with any renewal replacement
certificates as may be necessary during the term of the Agreement.
C/ The Chamber shall be responsible to obtain Certificates of Insurance for the
above coverages from each tenant and shall make these available to the
Municipality for its review if requested.
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. shall be covered
by the Municipality.
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,
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Chamber of Commerce/Annex Agreement
in writing, by the Municipality's Building & Planning Manager. Such advertising
shall be in accordance with the Municipality's sign by-law and in concert with its
heritage designation.
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 approval, within the conditions of that
designation.
17. The Municipality reserves the right to use the three offices on the second floor of
the Annex for an annual fee of $300.00. In addition, the Municipality is allowed
use of the basement.
18. The Municipality may, at any time, enter and inspect the premises. The
Municipality 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). Please note that in a case of an emergency the Municipality
shall have the right to enter the premise without notice being given the Chamber.
19. This Agreement cannot be transferred or assigned to another party without the
consent, in writing, of the Municipality, and the Municipality may require the
payment of a fee as a condition of granting such consent. The Municipality
reserves the right to transfer this agreement if it deems the transfer to be in the
public interest.
20. If the Chamber requires work to be carried out by the Municipality on the
building, such request shall be submitted to the Municipality, together with cost
estimates, no later than September 30th of each year in order that the
Municipality may determine if such expenditure should be included in the
following year's budget. The inclusion of such work in the Municipality's budget
is at the complete discretion of the Municipality.
21. The Chamber shall supply to the Municipality 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. Each year, 20% of the net rental
revenue shall be credited to the Annex Reserve Fund (as administered by the
Municipality). These funds shall be used for future capital repairs to the building.
Either party to this agreement may apply for their use through the annual
Business Plan and Budget Process. Council shall determine the expenditure of
this capital repair fund. If the Chamber fails to supply the financial statement they
will be deemed to be in default to this agreement.
22. In the event that the Municipality of Kincardine requires significant space on the
main floor of the Annex it shall exercise its rights under Section #6 of this
agreement.
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Chamber of Commerce/Annex Agreement
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested
by the hands of its Mayor and CAO. this .J'3i'd day of~v. , 2007. The Chamber
has hereunto set its hand this :)::.?,vd day of NnY'. ,2007.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Mayor
3s.'-- >~L~fA-e~J
CAO.
KINCARDINE & DISTRICT
CHAMBER OF COMMERCE
~tJ~
President
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