HomeMy WebLinkAbout11 019 highway 21 visitor information centre 2011/12 lease agreement by-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2011 -019
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, 2001, 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 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 Beverley Gray in
consideration of the rents, covenants and obligations stipulated therein for use by
the Municipality as a Visitor Information Centre from the 1 day of March 2011 to
the 28 day of February, 2012;
• 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
Beverley Gray for rental space, 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 Chief Administrative Officer be authorized and directed to
sign and execute, on behalf of The Corporation of the Municipality of
Kincardine the lease agreement with Beverley Gray attached hereto as
Schedule "A" and to affix the corporate seal.
3. This By -law shall come into full force and effect upon its final passage.
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Highway 21 Visitor Information Centre (2011/12) Lease Agreement By -law
By -law No. 2011 - 019
4. This By -law may be cited as the "Highway 21 Visitor Information Centre
• (2011/12) Lease Agreement By -law ".
READ a FIRST and SECOND time this 16 day of February, 2011.
L w>
ayor Clerk
READ a THIRD time and FINALLY PASSED this 16 day of February, 2011.
ttic_&,2e
a or Clerk 0
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Commercial Lease
This lease is made in duplicate between:
1.
(1) Beverley Gray, Hwy. 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:
A. 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.
B. Rental area consisting of 838 square feet at 1802 Hwy. 21 N. RR #2, Kincardine,
Ontario N2Z 2X4
(address)
(the "Premises ").
2. The term of this lease commences on March 1, 2011 and ends on
February 28, 2012 .
3. The Tenant may use the Premises for A Visitor Information Centre
and for no other purpose.
4. (a) The Tenant shall pay the Landlord a "base rent" (plus HST) of fifteen thousand
eight hundred and forty dollars ($15,840 + HST) per year in equal monthly
installments of thirteen hundred and twenty ($1320.00) in advance on or
before the first of each month commencing on March 1, 2011 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 tern of this Lease.
1. Property Taxes 2. Snow removal
3. Lawn maintenance
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.
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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 ci,114.841
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8. The Tenant will carry t own Commercial General Liability of two million. The
tenant to provide the landlord a copy of their insurance naming the landlord a5 an ak
9. 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.
10. The landlord shall be solely responsible for the expenses of replacing the large front
window in 2011 when the weather permits to do so.
11. The Landlord may terminate this lease for any one 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.
(d) any unauthorized assignment or subletting of this lease by the Tenant;
(e) substantial damage to or destruction of the Premises;
(0 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.
12. 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
SELF - COUNSEL PRESS - C. LEASE (1 -2)00
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any rent derived from re- letting 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.
13. 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.
14. 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 of the building.
15. 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.
16. 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.
17. 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.
18. 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 governing authority, or requested by any private protective
system used by the Tenants, for the security and protection of the Tenant and his
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.
19. 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.
20. 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
SELF- COUNSEL PRESS - C. LEASE (1 -3)00
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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.
21. 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.
22. 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.
23. This Lease will be governed by laws of the PROVINCE of Ontario.
Executed under seal on l :'7 S' o //
(dat �
Signed, sealed, and delivered )
in the presence of: )
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for th andord 5 �� • �� ` )The Landlord
IA 1 ( L; ' ' L fA ' L .& ) a - -
for The orporation of the I for e Co •Nation of the
Municipality of Kincardine Municipaliy, f Kincardine
leiu a L..y Kracmcr klayor Lavrn. K raemer;
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C tr e ..\ohr\ c{e ecxer\ro I I
SELF-COUNSEL PRESS - C. LEASE (1-4)00