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HomeMy WebLinkAboutKIN 93 043 Agree-Con Booth . . THE CORPORATION OF THE TOWN OF KINCARDINE (t'io Of 1C ~""ð... , ,... BY-LAW BY-LAW NO. 1993-43 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: That The Corporation of the Town of Kincardine enter an agreement with Robert and Eleanor Mueller for 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. 1. into the 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 By-law". Concession READ a FIRST and SECOND time this 15th day of July, 1993. READ a THIRD time and FINALLY PASSED this 5th day of August, 1993. ~~// Mayor 0h? e~ This AGREEMENT made this day of , 1993. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, . -and- ROBERT MUELLER Ii ELEANOR MUELLER herinafter called the "Lessee" of the Second Part. WHEREAS the Town wishes to enter into a with the Mueller's for the use of specifically described in schedule "A" to lease agreement Town lands more this agreement; AND WHEREAS the Mueller's wish to erect on Town lands a portable food concession booth; NOW THEREFORE THIS AGREEMEN'r 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 1993 to be computed from the 30th day of June, 1993 and thenceforth ensuing and to be fully completed and ended on the 31st day of October 1995. 2. YIELDING AND PAYING THEREFOR the sum of six thousand, three hundred dollars ($6,300) plus G.S.T. payable as follows: two thousand ($2,000) plus G.S.T payable to the Town upon issuance of a building permit for the construction of the booth, two thousand one hundred ($2,100) plus G.S.T. on May 1, 1994, two thousand two hundred ($2,200) plus G.S.T. on May 1, 1995. 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; 4. 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. 5. 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 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. 6. ../2 Mueller Food Booth Agreement Page 2 . 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. 8. . 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 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. ../3 Mueller Food Booth Agreement Page 3 . 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 ma1n entrance on Saugeen street and free use of the saugeen street passages from the street to the said premises at all reasonable times. Lessee for quiet 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 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 . Mueller Food Booth Agreement Page 4 19. AND the Town shall not be responsible for any personal 1nJury 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. . 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 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. ../5 . 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 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. 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. 25. The Lessee shall have the right to renegotiate this lease for a further three year period on terms and 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. 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) . IN WITNESS WHEREOF the Town has hereto affixed its corporate seal attested by the hands of its mayor and clerk this , k day of A~f/oç.¡-, 1993. Robert Mueller has hereunto set his hancr·tHis~day of ~w.lT , 1993. . ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Robert Mueller ) ) ELEANOR MUELLER ~ E'/ A /. ) Der: CC~ /)/Æc...e. ('~ ) Eleanor Mueller THE CORPORATION OF THE TOWN OF KINCARDINE . ~~..... D Mayor _ Cha~~·:'~~t~=iJr·e-· SIGNED, SEALED AND DELIVERED in the presence of - ::= - - ~ ,- :---.- ~- - - . -. . al ."....~.,' . ~'-:~~...