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Home My WebLink About16 052 Amenity Space (Remingtons Limited) Lease Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT • ,#4709 ILIiY OF 1(111CO BY -LAW NO. 2016 - 052 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT FOR LAND TO ACCOMMODATE PARKING AND PUBLIC AMENITY SPACE WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide 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 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 Council for the Municipality of Kincardine deems it advisable to enter into a lease agreement with Remingtons Limited in consideration of the rents, covenants and obligations stipulated therein; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a lease agreement with Remingtons Limited for the rental of land describe in and in consideration of rents, covenants and obligations as set out in the agreement attached as Schedule "A ". 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 Remingtons Limited, attached hereto as Schedule "A" and forming part of this By -law. 3. This By -law shall come into full force and effect upon its final passage. 4. This By -law may be cited as the "Amenity Space (Remingtons Limited) Lease Agreement, By -law ". READ a FIRST and SECOND TIME this 4t day of May, 2016. READ a THIRD TIME and FINALLY PASSED this 4th day of May, 2016. L) Mayor Clerk 111 This is Schedule "A " to By -Law N -05 passed the W day of MO l 201 IN PURSUANCE OF the Short Forms of Leases Act, R.S.O. 1990, c. S.11, THIS LEASE AGREEMENT DATED THIS y DAY OF Ho y 2016 BETWEEN: REMINGTONS LIMITED (Hereinafter referred to as "Lessor ") - and — THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (Hereinafter referred to as the "Municipality ") RECITALS: 1. The Municipality is a municipal corporation in the Province of Ontario incorporated pursuant to the Municipal Act, 2001. 2. The Lessor is the registered owner of the lands legally described in Schedule "A ". 3. The Lessor has agreed to lease to the Municipality a portion of its land, as identified by the shaded area in the drawing attached hereto as Schedule "B" and referred to herein as "the Amenity Space ", on the terms and conditions hereafter set out. Now therefore in consideration of the covenants and agreements contained herein the parties hereto agree as follows: 1. LEASE The Lessor hereby leases the Amenity Space to the Municipality for the purposes of parking and public amenity space for the public, for the term mentioned, and upon the terms and conditions set out herein. 2. TERM The term of this lease shall be ten (10) years, commencing on the date of the signing of this lease, and subject to the right of termination set out in clause 5. 3. IMPROVEMENTS The Municipality shall construct a concrete sidewalk, curb and gutter along the full width of the properties municipally known as 755 &751 Queen Street, Kincardine and will also 2 resurface and re -grade the Amenity Space to allow for better drainage. The cost of these improvements shall be borne entirely by the Municipality. 4. MAINTENANCE AND SNOW REMOVAL a. The Municipality shall maintain the Amenity Space to the extent and in the manner deemed desirable in the absolute and sole discretion of the Municipality. b. The Municipality shall be permitted to install outdoor seating, planter boxes and /or other features as the Municipality deems best in its absolute and sole discretion. c. The Municipality shall be responsible for snow removal of the Amenity Space however such snow removal shall be limited to current municipal service levels of municipally owned Amenity Spaces and shall not include any shoveling for entrance aprons. d. The Municipality shall adjust the grade of the catch basins within the leased area. The Lessor shall retain the use and control of the catch basins currently located in the Amenity Space after the aforementioned grading is complete and shall be responsible for the ongoing maintenance, repair and improvements of said catch basins. 5. RIGHT OF TERMINATION At any time after three (3) years, if the Municipality wishes to terminate this lease, then it shall have the right to so terminate this lease upon giving the Lessor at least six (6) months' written notice of its desire to do so. If the Municipality terminates this lease, or at the end of the term of this lease, the Municipality shall ensure that the Amenity Space is returned to a condition that the Lessor can use as parking spaces, which may include the removal of any of the improvements described in paragraph 3 of this lease. 6. QUIET ENJOYMENT The Lessor covenants with the Municipality for quiet enjoyment. Notwithstanding the foregoing, the Lessor shall be entitled to the following: a. The area of the Amenity Space wherein the existing propane tanks are located shall remain as is, and the Lessor shall be permitted to use and access the propane tanks and accompanying storage area. b. The Lessor shall be permitted to use and access the loading area, ice machine area and garbage bin area as they are currently located within the Amenity Space. c. The Lessor shall be permitted use and access the entrances to the Queen Street Mall and the business currently operating as the Kwik K convenience store. 3 d. The Lessor currently rents the properties abutting the Amenity Space to commercial tenants. The Municipality acknowledges and agrees that the Lessor shall be permitted to continue renting these properties to commercial tenants at the Lessor's discretion provided all current or potential tenancies comply with all applicable laws and regulations. e. The Municipality further acknowledges that any of the Lessor's tenants shall have the same rights ascribed to the Lessor in this paragraph 6. 7. LIABILTY & INDEMNITY (1) The Municipality shall accept any and all liability that may arise with respect to the improvements described above in clause 3 or the use of the Amenity Space by the Municipality and /or its agents, employees and invitees, and the Municipality shall ensure sufficient insurance extends to the use and improvements of the Amenity Space on such terms and for such amounts as the Municipality in its sole discretion deems desirable or necessary. (2) The Municipality shall indemnify and save the Lessor harmless from all actions, suits, claims and demands which may be brought against or made upon the Lessor and from all loss, costs, damages, charges or expenses whatsoever which may be sustained or incurred in consequence of the granting of this lease or the Municipality's use and occupation of the Amenity Space, save and except for any loss or damage due to the Lessor's negligence or default or the negligence or default of the Lessor's tenants as referred to in paragraph 6d. The parties hereto acknowledge and agree that the Lessor shall be fully liable for any loss or damage of any kind whatsoever caused by the negligence or default of the Lessor of the Lessor's tenants. 8. SIGNS The Municipality shall erect and maintain four (4) parking signs which stipulate a maximum of fifteen (15) minutes for parking in the parking stalls in front of Kwik K in the Amenity Space. 9. NOTICE Any notice to be given pursuant to this lease shall be sufficiently given if served personally upon the party or an officer of the party for whom it is intended, or mailed, prepaid and registered; in the case of the Municipality addressed to in care of the clerk of the Corporation of the Municipality of Kincardine, 1475 Concession 5, R.R. #5, Kincardine, Ontario N2Z 2X6 and in the case of the Lessor, care of , at or such other address as the parties may designate by notice in 'ting. The dat of receipt of any such notice shall be deemed to be the date of delivery, if • ch notice is se ed personally or, if mailed, 3 days after such mailing. b2A1 243 110,10 1 ' Col I ifjJ C1 s L '1 2_ A 4 10. COUNTERPARTS This Lease Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one instrument. Delivery of an executed counterpart's signature page by facsimile or an electronic reproduction of an executed counterpart signature page by electronic mail is effective execution and delivery of this agreement. 11. AMENDMENTS Any amendments to this lease shall be in writing and agreed upon by the parties. 12. TIME OF THE ESSENCE Time shall be of the essence, save as otherwise provided in this lease. 13. BINDING EFFECT This lease is binding on, extends to and enures to the benefit of the parties hereto and their assigns and any successor registered owners. IN WITNESS WHEREOF the parties have affixed their respective corporate seals attested by the hands of their respective officers duly authorized in that behalf. MI T .1 NS IMITED r - �� President I have authority to bind the Corporation. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Per �2t Anne Eadie Per 7 11, q Murray Clarke, CAO We have authority to bind the Corporation 5 SCHEDULE "A" Legal Description of Lands: PT LTS 1 & 2 PL 61 (SUBDIVISION OF LT 6 E/S QUEEN STREET) AS IN R64332 (FIRSTLY & SECONDLY); T/W R64332 PARTIALLY RELEASED AS TO PT 2 3R9459 AS IN BR78676; TOGETHER WITH AN EASEMENT OVER PT LTS 1 & 2 PL 61 (SUBDIVISION OF LT 7 W/S PRINCES ST) & PT LT 7 E/S QUEEN ST PL KINCARDINE & PT LT D PL 246, PTS 1 & 4 3R9459 AS IN BR76861, MUNICIPALITY OF KINCARDINE; being all of PIN 33309 -0418 (LT) SCHEDULE "B" ..1....•No _,. ..,.... l-f17. 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OeN LP t5 "7 5 4 S t 6 )u-eer■ S wei 5/ a`'`4 ESTOPPEL CERTIFICATE TO: REMINGTONS LIMITED(the"Landlord") AND TO: RAYYAN ABDELHAI,IN TRUST(the"Purchaser:) RE: 751 QUEEN STREET,KINCARDINE,ONTARIO(the"Premises") THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (the"Tenant")hereby certifies that as of the date hereof: (a) the undersigned is a tenant of the Premises under the lease agreement dated May 4,2016(the"Lease")made between Remingtons Limited,(the"Landlord")and the Tenant with respect to the Premises,which Lease is in full force and effect; (b) The term of the lease expires on May,2026; (c) rent and all other amounts due under the Lease have been paid to date,there has been no prepayment of rent or any other amount payable under the Lease,other than payment of the current month's instalment of rent,and no security deposit has been paid under the Lease; The current rent is nil . ' (d) the Lease has not been assigned nor have the Premises been sublet; (e) to the knowledge of the Tenant,there are no material defaults on the part of the Landlord under the Lease,and the Landlord has complied with all of its obligations under the Lease to the date hereof; This Estoppel may be executed either in original,electronic or faxed form and the parties adopt any signatures received by a receiving fax machine or by pdf transmission as original signatures of the parties. It is understood and agreed that nothing contained in this statement issued by the Tenant will he construed or deemed to be an amendment to the Lease or a waiver of the Tenant's rights or the Landlord's obligations under the Lease. Dated at$intpc.i f,;(7cardiethis 2f Day of January,2017 The CORPORATION OF THE MUNICIPALITY OF KINCARDINE Per: Name: Anne Eadie Title: Mayor Per: -C-L- Name: R. Murray Clarke Title: Chief Administrative Officer