HomeMy WebLinkAbout08 193 Highway 21 Visitor Information Centre (2009/11) Lease Agreement By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2008 -193
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE
AGREEMENT FOR RENTAL SPACE AT 1802 HIGHWAY 21 NORTH,
MUNICIPALITY OF KINCARDINE TO ACCOMMODATE A MUNICIPAL
VISITOR INFORMATION CENTRE
WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality has the capacity, rights, powers and privileges of a natural person
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS the said premises are comprised of approximately 838 sq. ft. of
rentable area on the ground floor of the Gray's Oak & More Plaza situated on
property known municipally as 1802 Highway 21 North, in the Municipality of
Kincardine, County of Bruce;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into a lease agreement with Gray's Oak & More in
consideration of the rents, covenants and obligations stipulated therein for use by
the Municipality as a Visitor Information Centre from the 1st day of March 2009 to
the 28th day of February, 2011;
AND WHEREAS those certain premises are comprised of approximately 838 sq.
ft. of rentable area on the ground floor of the Gray's Oak & More Plaza situated
on property known municipally as 1802 Highway 21 North, in the Municipality of
Kincardine, County of Bruce;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into a lease agreement with Gray's
Oak & More for rental of space, for use as a Visitor Information Centre, at
1802 Highway 21 North, in the Municipality of Kincardine in consideration of
rents, covenants and obligations as set out in the agreement.
2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine the Lease Agreement with Gray's Oak &
More attached hereto as Schedule "A".
3. This By-law shall come into full force and effect upon its final passage.
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Highway 21 Visitor Information Centre (2009/11) Lease Agreement By-law
By-law No. 2008 - 193
4. This By-law may be cited as the "Highway 21 Visitor Information Centre
(2009/11) Lease Agreement, By-law".
READ a FIRST and SECOND time this 1th day of December, 2008.
Do-o.~aM
Clerk
READ a THIRD time and FINALLY PASSED this 1th day of December, 2008.
d?6r~-
Mayor
~'i~~
Clerk
Schedule 'A' to By-law 2008-193
Commercial Lease
This lease is made in duplicate between:
(1)
Grav's Oak & More. Hwv. 21 N. Kincardine. Ontario N2Z 2X4 (the
"Landlord")
And
(2)
The Corporation of the Municipality of Kincardine
(the "Tenant")
The Landlord and the Tenant hereby agree as follows:
1. The Landlord hereby grants the Tenant a lease of the premises excluding any part
of the external walls known and described as Lot 1, Concession 2, North of the
Durham Road, Township of Kincardine, County of Bruce.
2. Rental area consisting of 838 square feet at R. R. #2, Hwv. 21 N.. Kincardine.
Ontario N2Z 2X4
(address)
(the "Premises").
2. The term of this lease commences on March 1. 2009
February 28, 2011
and ends on
If the Tenant continues in occupation of the Premises with the consent of the Landlord after
expiry of the term of this lease, the Tenant shall be deemed to be leasing the Premises on a
month-to-month basis but otherwise on the same terms as set out in this lease.
3. The Tenant may use the Premises for A Visitor Information Centre
(business purpose)
and for no other purpose.
4. (a) The Tenant shall pay the Landlord a "base rent" of $14,100 per year in equal
monthly installments of eleven hundred and seventv-five ($1175.00) in
advance on or before the first of each month commencing on March 1. 2009.
plus the same for last months rent. This amount includes rent and utilities.
Utilities are calculated as a prorated share of the following reasonable expenses
incurred by the Landlord during the term of this Lease.
1. Property Taxes
3. Lawn maintenance
2. Snow removal
This includes paying a shared reasonable estimate for hot water of $40.00
per month since there is a shared hot water heater with the middle tenant
of the building.
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( c) The Landlord shall invoice the Tenant monthly for additional rent incurred
during the preceding calendar month. Each invoice is payable in full thirty
days after delivery. The Tenant is deemed to have admitted the accuracy ofthe
amount charged in any invoice for additional rent which he or she has not
challenged in writing within the same thirty days.
(d) The Tenant shall also pay the Landlord as "additional rent," on demand, 100%
of the total costs reasonably incurred by the Landlord including, but not limited
to legal fees for curing any default of the Tenant under this lease, enforcing
payment of rent and regaining lawful possession of the Premises.
5. The following services and expenses are the sole responsibility and expense of the
Tenant: To pay all charges for electric energy (for light, power and heat) and all charges
for gas and fuel oil used by the Tenant in the premises. The Tenant shall pay any
applicable water operating charges.
6. Any services and expenses relevant to the use by the Tenant of the Premises and not
mentioned in this lease are the responsibility and expense of the Tenant, ego the Landlord
has all walls and trim primed ready for the tenant to paint his choice of colour.
7. The Landlord covenants with the Tenant that so long as the Tenant complies with the
terms of this lease, the Tenant may occupy and enjoy the Premises without any
interruption from the Landlord.
8. The Tenant convenants with the Landloard that the business to be so carried on by
the tenant in the said building will not be of such a nature as to increase the insurance risk
on the said premises or cause the Landlord 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 Tenant is or becomes of such a nature to increase
the insurance risk or causes the Landlord or other occupants of the said building to pay an
increased rate of insurance premiums, that the Tenant will from time to time pay to the
Landlord the increased amount of insurance premiums which the said Landlord and other
occupants of the said building have to pay in consequence thereof. The Tenant
convenants 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 Landlord or other
occupants of the said building.
9. The Landlord may terminate this lease for anyone of the following or any other
cause permitted by law:
(a) fifteen days' arrears of rent or additional rent;
(b) the bankruptcy or insolvency of the Tenant;
(c) a material change in the use of the Premises by the Tenant and, in particular
(without limiting the generality of this provision), any change that affects the
Landlord's building insurance or that constitutes a nuisance.
SELF-COUNSEL PRESS - C.LEASE {1-2)OO
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(d) any unauthorized assignment or subletting of this lease by the Tenant;
(e) substantial damage to or destruction of the Premises;
(f) any sale or material change in use of the building in which the Premises are
located by the Landlord;
(g) any significant willful or negligent damage to the Premises caused by the Tenant
or by persons permitted on the Premises by the Tenant.
10. On the Landlord becoming entitled to re-enter and to take possession of the Premises
for any of the grounds for termination set out in this Lease or for any other cause
permitted by law, the Landlord, in addition to all other rights, will have the right to enter
the Premises either by force or otherwise and with an accompanying right to change the
door locks for the Premises and to re-let the Premises and to receive the rent therefore,
and to take possession of any furniture or other property on the Premises and to sell the
same at private or public sale without notice and to apply the proceeds of such sale and
any rent derived from re-Ietting the Premises upon account of the Basic Rent and
Additional Rent payable under this Lease, and the Tenant will be liable to the Landlord
for the deficiency, if any.
II. The Tenant may not assign or sublet the Premises, in whole or in part, or allow the
Premises to be used by any other person without the written consent of the Landlord.
12. The Tenant shall keep the Premises in a reasonable state of repair and cleanliness
and shall not make improvements or alterations to the Premises without the written
consent of the Landlord, which consent shall not be unreasonably withheld. 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 ofthe building.
13. At the end of the lease, the Tenant shall deliver vacant possession to the Landlord of
the Premises in the same condition as at the commencement of the lease, reasonable wear
and tear excepted and except that the Landlord may, in the Landlord's sole discretion,
elect to keep any of the Tenant's improvements or alterations.
14. Any written notice required or permitted to be given by this lease is sufficiently
given if sent in proper form by ordinary mail to the last known address of the party for
whom the notice is intended. Any written notice sent by ordinary mail in accordance with
this paragraph is deemed, for the purposes of this lease, received by the addressee on the
seventh day after mailing unless actually received before. Nothing in this paragraph
prevents giving written notice in any other manner recognized by law.
15. In this lease, words importing the singular include the plural, and vice versa, and
importing the masculine gender include the feminine, and importing an individual include
a corporation and vice versa. This lease binds and benefits the parties and their respective
heirs, successors, and permitted assigns.
16. Protective Installations-that the Tenant agrees to pay the costs of any installations,
additions, alterations to the said premises that the Lessor may be required to make by any
Municipal, Provincial or other goveruing authority, or requested by any private protective
system used by the Tenants, for the security and protection of the Tenant and his
SELF-COUNSEL PRESS - C.LEASE (1-3)00
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employees and his and their effects including but not so as to limit the foregoing
installations, additions, or alterations shall forthwith become the property of the Lessor.
17. Water and Gas Damage-the Landlord shall not be liable for any damage to any
property at any time upon the demised premises arising from gas, steam, water, rain or
snow, which may leak into, issue or flow from any part of the said building, or from the
gas, water, steam or drainage pipes or plumbing works of the same or from any other
place or quarter or for any damage caused by or attributable to the condition or
arrangement of any electric or other wires in the said building.
18. The Landlord is not liable for any damage to the Tenant's property or for any injury
to any person in or coming to or from the Premises, however caused, and the Tenant
agrees to indemnifY the Landlord against the financial consequences of any such liability.
In this regard, the Tenant shall purchase and maintain public liability insurance in an
amount satisfactory to the landlord and shall provide proof of this insurance to the
Landlord on request. The Tenant shall during the entire term hereof at his own expense
place insurance against loss or damage of his contents and improvements.
19. The Tenant agrees at his own expense to compensate the Landlord or to replace or
repair anything that is damaged by the tenant, their employees, customers and or visitors,
to the satisfaction of the Landlord including but not limited to any plate glass or other
glass that has been broken or removed within the lease.
20. Notice of Accident-the tenant shall give the landlord prompt written notice of any
accident or other defect in the sprinkler system, water pipes, gas pipes or heating
apparatus, telephone, electric or other wires on any part of the premises.
21. This Lease will be governed by the laws of the PROVINCE of Ontario.
Executed under seal on 00 f~ IT !.Qi.
(date)
Signed, sealed, and delivered
in the resence 0 .
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j Landlordlj' . ':::J7'
)The LanJluId Tf1e- ,L
)lef>O(\ ,-
K~,,- ~~riJ
fOr The Corporation ofthe
Municipality of Kincardine
CAO John deRosenroll
--:In+
for The Corporation of the
Municipality of Kincardine
Mayor Larry Kraemer
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