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,
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Y Clerk
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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.
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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.
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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 )
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THE CORPORATION OF THE TOWN
OF KINCARDINE
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yor - Charles W. Mann
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) carof P~
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