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HomeMy WebLinkAboutKIN 92 074 Picot Conc Agree THE CORPORATION OF THE TOWN OF KINCARDI N E . BY-LAW BY-LAW NO. 1992-74 A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into a lease agreement; 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 Carol Picot to lease the concession areas of the Davidson Centre in order to provide concession services. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with Carol Picot 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 "Picot concession Lease Agreement By-law". READ a FIRST and SECOND time this 3rd day of september, 1992 . READ a THIRD time and FINALLY PASSED this 1992. September, .~ð~ Y Clerk '~~.'f'<:---- . This AGREEMBNT made this 17th day of September, 1992. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the First Part, . -and- CAROL PICOT herinafter called the "Lessee" of the Second Part. WBBRBAS The Corporation of the Town of Kincardine has renewed the lease with carol picot for the povision of concession services at the Davidson centre; BOW TBBRBFORE THIS AGREEMBNT WI'l'II1ESSBTII THAT in considera- tion of the premises and mutual promises and covenants hereinafter contained, the parties hereby agree as follows: 1. The Lessee shall enjoy concession booths, main auction sale concessions leåse. the exclusive use of lobby, arena, bingo for the entire term of the and the 2. The lease will be effective as of the first day of August, 1992 and will expire on the 31st day of July, 1993. 3. ~he Lessee shall be allowed to renovate the premises to meet their particular needs as long as permission is granted by the facilities manager, paid for by the lessee and all renovations are in accordance with any municipal, provincial or federal building regulations and by-laws. 4. All permanent fixtures installed by the lessee in the concession booth shall remain in the concession booth at the end of the lease or upon termination of the lease and shall become the property of the Town. 5. Any insurance premium increase on the Town due to renovations or equipment installed by the Lessee shall be paid for by the Lessee. 6. The Lessee must supply their own liability insurance. A copy of which shall be on file at the Davidson Centre. 7. Only under special circumstances authorized by the Town may another group service food in competition to the Lessee. . The Town shall provide heat, electricity and water to the concession booths where possible. 9. The vending machines in the main lobby remain the property of the Town and are operable at all times. All revenues from the same remain the property of the Town. The Lessee shall not be allowed to install vending machines in the Davidson Centre. 8. 10. TQe Town will not be responsible for personal injury or damage, or for loss or theft of property belonging to the Lessee or their staff. . , . '. concession Lease Page 2 i1. All equipment owned by the Town shall remain in the concession booths and remain the property of the Town. The Lessee shall be responsible for maintenance and cleanliness of such equipment and is responsible for keeping the same in operable condition as it was on the day of the take over. 12. The lessee must abide by all municipal, federal and provincial government regulations regarding the operation and shall be held responsible for the neglect of same. The Lessee is responsible for keeping the cOncession areas thoroughly clean at all times. 13. The Lessee is responsible for the collection of any taxes which may be applicable to the activity carried on and for the remittance of same to the specific government body. 14. Either party may terminate the lease upon one month written notice provided justifiable cause has been given and accepted by the other party to the lease. 15. The Lessee 'may not sublet or assign this lease and the concessions mentioned are to be used exclusively by the Lessee. 16. Absolutely no alcoholic beverages are allowed unless the areas are licensed under the Li~or License Board of Ontario. The Lessee and/or their agents will in pledge the credit of the Town and will accounts to their suppliers in agreement terms of credit extended by the supplier. 18. The Lessee is responsible for all their staff and their actions and must ensure that their staff's conduct falls within the policies of the Town. 17. no manner pay their with the 19. All exits must be kept free from obstruction in case of fire. 20. The Town shall exercise control over which times the concessions are to be open. 21. The Town and the Lessee will decide in conjunction what items are to be sold in the concessions; 22. The existing agreements between Coca Cola of Canada Limited and the Town shall remain in effect. 23. The Lease shall be in the amount of five thousand, five hundred and eighty dollars ($5,580) per annum plus G.S.T. with payment' due on the 30th day of each month, except February when payment will be due on the 28th. Monthly payments will be in the amount of four hundred and sixty-five dollars ($465) plus G.B.T. . J . Concession Lease Page 3 IN WI'l'II1ESS WRWRwn~ the Town has hereto affixed its corporate seal attested by the hands of its mayor and clerk this 17th day of september, 1992. Carol Picot has hereunto set her hand this 17th day of September, 1992. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF KINCARDINE .~~~7~ yor - Charles W. Mann ~ oar: ~ ;Jj;l ) carof P~ '. ",-,--,~- "'..:-..~-;:,i;i