Loading...
HomeMy WebLinkAbout13 008 Lease Agreement Rental Visitor Information Centre THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT .o r • ,� E • ' NBC / pAUTYOF RMCP� BY -LAW NO. 2013 - 008 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 2013 to the 28 day of February, 2014; 1111 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 execute, on behalf of The Corporation of the Municipality of Kincardine the lease agreement with Beverley Gray attached hereto as Schedule "A ". 3. This By -law shall come into full force and effect upon its final passage. .../2 • Page 2 Highway 21 Visitor Information Centre (2013/14) Lease Agreement By -Iaw By -Iaw No. 2013 - 008 4. This By -Iaw may be cited as the "Highway 21 Visitor Information Centre • (2013/14) Lease Agreement By-law". READ a FIRST and SECOND time this 23 day of January, 2013. 0 t ip_ FA ayor Clerk READ a THIRD time and FINALLY PASSED this 23 day of January, 2013. L ( 66 - vvwc.-13N01-gela0 Mayor Clerk • • • This is Schedule " A "to 13 Law No. Zo cc passed the ° day of cmucIr 20I Commercial Lease This lease is made in duplicate between: (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 R. R. #2, Hwy. 21 N., Kincardine, Ontario N2Z 2X4 (address) (the "Premises "). 2. The term of this lease commences on March 1, 2013 and ends on February 28,2914 . 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" (plus HST) of sixteen thousand five hundred and sixty ($16,560 +HST) per year in equal monthly installments of thirteen hundred and eighty ($1380.00 +179.40) in advance on or before the first of each month commencing on March 1, 2013, 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 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. 2 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. 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 will carry their own Commerical General Liability of two million dollars. The tenant to provide the landlord a copy of their insurance naming the landlord as an additional insured. 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 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; (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. 11. 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 3 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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 4 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. 20. 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. 21. 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. 22. This Lease will be governed by the laws of the PROVINCE of Ontario. Executed under seal on Jor uo ry a75 , 2 O 1 (date) Signed, sealed, and delivered ) in thepres-�__ ef: j A PR- ..-- ,C,G ry Witness 6. the Lan. . rd )The Landlord Murray Clarke CAO for The Corpor. .n .f the Municipality of Kincardine Municipality .' , incardine Mayor Larry Kraemer SELF - COUNSEL PRESS - C. LEASE (1 -4)00