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HomeMy WebLinkAboutKIN 94 017 Lease - BluH20 Park · . · . · · THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1994-17 A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT FOR THE OPERATION OF THE BLUEWATER TRAILER PARK WHEREAS the Kincardine deems for the operation council for The Corporation of the it advisable to enter into a lease of Bluewater Trailer Park; Town of agreement NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation an agreement with Trailer Park. of the Town of Kincardine enter into David Thornton to lease Bluewater 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with David Thornton 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 "Bluewater Trailer Park Lease Agreement By-law". READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 17th day of March, 1994. ~~ Mayor ViG",~ Clerk This AGREEMENT made this 11th day of March, 1994. BETWEEN: · . -and- THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, DAVID THORN'rON hereinafter called the "Lessee" of the Second Part. WHEREAS the Town owns the parcel of land described in Schedule "A" attached which is known as the Bluewater Trailer Park. WHEREAS the Town has agreed to renew the agreement for the operation of the Bluewater Trailer Park for the years 1994, 1995 and 1996; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considera- tion of the rents, covenants and agreements hereinafter reserved and contained on the part of the said Lessee, to be paid, observed and performed, the Town has demised and leased and by these presents doth demise and lease unto the said Lessee; · ALL THOSE CERTAIN PREMISES described as Lots 5, East Side of saugeen Street, Original Plan of in the Town of Kincardine. 6, 7 and 8, Penetangore 1 . TO HAVE AND TO HOLD the said premises for and during the term of 1994 to be computed from the 17th day of March, 1994 and thenceforth ensuing and to be fully completed and ended on the 31st day of March, 1997; YIELDING AND PAYING THEREFOR the sum of twel ve thousand, six hundred dollars ($12,600) plus G.S.T. payable as follows: six thousand, three hundred ($6,300) payable on May 31, 1994 and six thousand, three hundred ($6,300) plus G.S.T. on June 30, 1994, six thousand, three hundred ($6,300) payable on May 31, 1995 and six thousand, three hundred ($6,300) plus G.S.T. on June 30, 1995, six thousand, three hundred ($6,300) payable on May 31, 1996 and six thousand, three hundred ($6,300) plus G.S.T. on June 30, 1996, The Lessee covenants with the Town to pay rent; 2. · 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. . 5. · 6. The Lessee covenants that the Town, through its authorized agents, may enter and view the state of repair during all reasonable hours. 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 trailer park. .. ./2 Bluewater Park Lease Page 2 · 7. . 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. electric by the 9. The Lessee covenants to pay all charges for energy (for light and power) and water used Lessee in the demised premises. The Lessee covenants that if during the said term desire to affix or erect partitions, counters of fixtures in any part of the walls, floors or ceilings of the demised premises, it may do so at its own expense at any time and from time to time provided that the Lessee's rights to make such alterations to the demised premises shall be subject to the following conditions: (1) THAT before undertaking any such alterations the Lessee shall submit to the Town of Kincardine a plan showing the proposed alterations and shall obtain the approval and consent of the Town. (2) THAT all such alterations shall conform to all buildings by-laws, if any, then in force affecting the demised premises. (3) THAT such alterations will not be of such kind or extent as to in any manner weaken the structure of the building after the alterations are completed or reduce the value of the demised premises. 10. The Lessee covenants that, except as herein provided, the Lessee will not erect or affix or remove or change the location or style of any partitions or fixtures, without the written consent of the Town of Kincardine being first had and obtained. 11. The Lessee covenants that, at the expiration of the term hereby granted, or any renewal thereof, all fixtures belonging to the Lessee shall remain upon the demised premises until taken down by the Town of Kincardine and the Lessee shall forthwith, upon the same being taken down, remove the same from the demised premises first paying to the Town of Kincardine the expense of such taking down and making good all damage occasioned to the demised premises by the taking down or removal thereof. . .3 Bluewater Park Lease Page 3 · 12. 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. 13. The Town covenants that, the Lessee has the right to establish the rules and regulations for the operation of the trailer park and that the Town shall not interfere with the enforcement of said rules. . · 14. The Lessee covenants that, in the event the Town of Kincardine desiring at any time during the term, or any renewal thereof, to remodel the demised premises, or, any part thereof, or to take down the said building, the Lessee will on receiving six months' notice in writing, surrender this lease and all the remainder of the term, if any, then yet to come and unexpired, as from the day mentioned in such notice and will, subject nevertheless to the provisions hereinbefore contained thereupon, vacate the premises and yield up to the Town of Kincardine the peaceable possession thereof. IT IS UNDERSTOOD that the said six months' notice need not expire at the end of any year or at the end of any month. · 15. 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 exemption by the Lessee 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. The Town covenants with the Lessee for quiet enjoyment. . · 16. 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. ..4 Bluewater Park Lease Page 4 · 17. PROVISO for re-entry by the said Town on non-payment of rent or non-performance of covenants. . · 18. 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. · 19. 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 building 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. þ 20. The Lessee shall be liable for any damage done reason of water being left running from taps on demised premises. by the . 21. 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 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 Lessee, who shall hold the Town harmless and indemnified therefrom. · 22. THE Lessee shall give the Town pro~t written notice of any accident or other defect ~n the sprinkler system, water pipes, or heating apparatus, telephone, electric or other wires on any part of the premises. .../5 · Bluewater Park Lease Page 5 23. 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. 24. 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 of municipal by-law. 25. AND IT IS HEREBY FURTHER AGREED by and between the said Town and the said Lessee that no sign, advertisement or notice shall be inscribed, painted or affixed by the said Lessee on any part of the demised premises whatever, unless of such manner, colour, size and style and in such places upon the demised premises as shall be first designated by the Town, and, furthermore, the Lessee, on ceasing to be the Lessee of the demised premises, will, before removing his goods and fixtures from the said premises, cause any sign as aforesaid to be removed or obliterated at his own expense and in a workmanlike manner to the satisfaction of the Town. · . · . 26. THE Lessee agrees at his own expense to replace any plate glass or other glass that has been broken or removed during the term of the within lease or of any renewal thereof and will during the said term keep the place glass fully insured in some company approved by the Town. · 27. PROVIDED that if during the term herein or any renewal thereof the premises shall be destroyed or damaged by fire or the elements then the following provisions shall apply; .../6 · Bluewater Park Lease Page 6 If the demised premises shall be so badly injured as to be unfit for occupancy, and as to be incapable of being repaired with reasonable diligence within one hundred and twenty days of the happening of such injury, then the term hereby granted shall cease and be at an end to all intents and purposes from the date of such damage or destruction, and the Lessee shall immediately surrender the same, and yield up possession of the demised premises to the Town, and rent from the time of such surrender shall be apportioned; If the demised premises shall be capable, with reasonable diligence, of being repaired and rendered fit for occupancy within one hundred and twenty days from the happening of such injury as aforesaid, but if the damage is such as to render the demised premises wholly unfit for occupancy, then the rent hereby reserved shall not run or accrue after such injury, or while the process of repair is going on, and the Town shall repair the same with all reasonable speed, and the rent shall recommence immediately after such repairs shall be completed. (c) If the demised premises shall be repaired within one hundred and twenty days and if the damage is such that the said premises are capable of being partially used, then until such damage shall have been repaired, the rent shall abate in the proportion and the part of the demised premises rendered unfit for occupancy bears to the whole of the demised premises. . (a) (b) · 28. THERE shall be no abatement from or reduction of the rent due hereunder, nor shall the Lessee be entitled to damages, losses, costs or disbursements from the Town 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. · 29. . · THAT the Lessee will permit the Town to exhibit demised premises during the last three months of term to any prospective tenant and will permit persons having written authority therefor to view said premises at all reasonable hours. the the all the ..7 · . · · . · Bluewater Park Lease Page 7 30. 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. 31. 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. 32. 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. 33. This lease is not assignable without the written permission of the Town. 34. This lease shall have no option upon its termination. The lease shall be declared terminated on the 31st day of March 1997 and tenders shall then be called for the Park's continued operation. 35. 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 KBEREHER!De parties hereto have executed these presents. SIGNED, SEALED AND DELIVERED in the presence of ) ) THE CORPORATION OF THE TOWN ) OF KINCARDINE ) ) ~./ ¡~~~~ ) Mayor - Charles Vi. Man~-_-: ) -- - ~ : ) ~c:: -=: ,-_: ) :: ~- --' ',- - . -. -........... " ) per: ~ ,~-'-",:--~---__:- ) Clerk - Maureencqu-tùrbc>->---- )m ) DAVID THORNTON ) ) /rmg/AGREEMENTS/blueIII BLUEWATER TRAILER PARK AGREEMENT Schedule "A" · . Lots 5, 6, 7 and 8, East side of Saugeen Street, Original Plan of Penetangore in the Town of Kincardine in the County of Bruce. · · . .,