HomeMy WebLinkAboutKIN 94 023 Agree - Rotary Booth
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1994-23
A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT FOR THE
OPERATION OF THE CONCESSION BOOTH AT REUNION PARK
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 in 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
an agreement with the Kincardine Rotary
the operation of a concession booth.
enter into
Club for
2.
That the mayor and clerk be authorized to
of The Corporation of the Town of
agreement with the Kincardine Rotary
attached to this by-law and to affix the
seal as and when required.
sign, on behalf
Kincardine, the
Club which is
Town's Corporate
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 Concession
Booth Lease Agreement By-law".
3.
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 7th
day of April, 1994.
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Clerk
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, This AGRBBIIBJI'.r made this ì..... day of
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, 1994.
BETWEEN:
TIIB CORPORATIOl!I OJ!' TIIB TOWII1 OJ!' KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
KINCARDINE ROTARY CLUB
hereinafter called the "Club"
of the Second Part.
1IIŒRBAS the Club has
lands commonly known
Kincardine,
operated a concession booth on the
as Rotary Park in the Town of
AND WBBRBAS these lands will be utilized as a staging area
during a period of construction to restore the penetangore
River Slope and therefore will be unavailable for use by
the public and the Club;
AND WBBRBAS the Town wishes to enter into a lease agreement
with the Club for the use of a portion of Town lands,
commonly known as Reunion Park and more specifically
described in Schedule "A" to this agreement,
AND WBBRBAS the Club wishes to erect on these Town lands a
portable food concession booth,
ROW TBBREJ!'ORB THIS ¡v::1lRRI4ENT WIT1ŒSSETB 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 BOLD the said premises for and during
the term of 1994 to be computed from the 2nd day of
May, 1994 and thenceforth ensuing and to be fully
completed and ended on the 31st day of October 1995.
2. YIELDING AND PAYING TBBREJ!'OR the sum of one dollar
($1) payable upon issuance of a building permit for
the construction of the booth.
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.
3.
5. The Club agrees that the booth will be constructed of
new materials only.
6.
The Club agrees that no additions will
the booth, once constructed, without
obtained the permission of the Town.
be added on to
first having
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Rotary Club J!'ood Booth Agreement
Page 2
7. The Club agrees that all signage for the facility will
be professionally produced.
The Club agrees to submit a plan for the construction
of the booth for the Town's approval and to comply
with any requirements established by the Town with
respect to lighting, colour and style of the building
and its appurtenances.
The Club covenants that the Town, through its
authorized agents, may enter and view the state of
repair during all reasonable hours.
10. 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.
8.
9.
11.
of
Club
the
If for any valid reason the Town requires the use
the lands upon which the booth sits, then the
agrees to, upon receiving written notice, remove
booth from the lands within ninety days.
12. 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.
13. The Club covenants to pay all charges for electric
energy (for light and power) used by the Club in the
demised premises.
14. 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 Kincardine Public utilities Commission. 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.
15. 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.
16. The Club covenants to dispose of all refuse in
accordance with the Town's applicable by-laws.
17.1 The Club agrees to ensure that the booth is open and
operating during the period of the J!'ish Kincardine
Salmon Derby, provided the Derby Committee has not
tendered out the provision of a food concession.
17.2 In the event food concession services, for the J!'ish
Kincardine Salmon Derby, are not tendered out, the
Town agrees to furnish the Club with a schedule for
the required operating hours during the J!'ish
Kincardine Salmon Derby. Such schedule to be provided
no less than one month in advance of the Derby's start
date.
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Rotary Club Food Booth Agreement
Page 3
18. 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.
19. 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
as an estoppel against the lessee in any action
brought to test the right to the levying upon any such
goods as are nemed 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.
20. The Town covenants with the Club for quiet enjoyment.
21. 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.
22. 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
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Rotary Club Food Booth Agreement
Page 4
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.
23. 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.
24. 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.
25. 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 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.
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Rotary Club J!'ood Booth Agreement
Page 5
26. 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.
27. 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.
28. 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 lZ9, 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.
29. 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.
30.
The Club
lease for
acceptable
shall have the right to renegotiate
a further period on terms and with
to the Town.
this
terms
31.
The Club agrees that upon expiration of this
booth shall be removed from the said lands
area returned to its original state.
lease the
and the
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.
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Rotary Club Food Booth Agreement
Page 6
33. This lease is not assignable without the written
permission of the Town.
34. 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 WITRBSS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and clerk
this ì..... day of April, 1994. The Club has hereunto set
their hands this day of April, 1994.
SIGNED, SEALED AND DELIVERED ) _
in the presence of ) THE CORPORATIOl!I OI.!....'rJùt,TO.., ".
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) Clerk - Maureen ÒQtt~~;~~0~
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) KIN NE R Y CLUB
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) KINCARDINE ROTARY CLUB
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