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HomeMy WebLinkAbout17 017 Visitor InformationCentre (2017) Lease Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE '*(47C/P4LI1Y OF KI10.S'® BY-LAW NO. 2017 - 017 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT FOR RENTAL SPACE AT LOT 1, CONCESSION 2, NORTH OF THE DURHAM ROAD, (1802 HIGHWAY 21 NORTH) MUNICIPALITY OF KINCARDINE TO ACCOMMODATE A MUNICIPAL VISITOR INFORMATION CENTRE 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 of The Corporation of the Municipality of Kincardine deems it advisable to enter into a lease agreement with Beverley McLelland for space at Lot 1, Concession 2, North of the Durham Road, Former Township of Kincardine, County of Bruce (1802 Highway 21 North) for the Municipality as a Visitor Information Centre; 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 Lot 1, Concession 2, North of the Durham Road, Former Township of Kincardine, County of Bruce (1802 Highway 21 North), in the Municipality of Kincardine in consideration of rents, covenants • and obligations as set out in the agreement attached hereto 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 Beverley Gray attached hereto as Schedule "A". 3. This By-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as the "Visitor Information Centre (2017) Lease Agreement By-law". READ a FIRST and SECOND TIME this 1st day of February, 2017. READ a THIRD TIME and FINALLY PASSED this 1st day of February, 2017. 7 eJtv Ma Clerk 410 This is Schedule "A " to By-taw No.a017-014passed the_�___ day of FehiuOi\I 20 fl- Commercial Lease This lease is made in duplicate between: (1) Beverley McLelland, 1802 Hwy. 21 N. Kincardine, Ontario N2Z 2X4 (the "Landlord") And (2) The Corporation of the Municipality of Kincardine, 1475 Conc. 5, Kincardine, Ontario N2Z 2X6 (the "Tenant") The Landlord and the Tenant 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 Durham Road, Municipality of Kincardine(Township of Kincardine), County of Bruce Rental area consisting of 838 square feet at 1802 Hwy. 21 N, RR#2, Kincardine, Ontario N2Z 2X4. 2. The term of this lease commences on May 1, 2017and ends on April 30,2020_. 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 ten thousand, five hundred ($10,500. +HST) per year in equal monthly installments of eight hundred and seventy five ($875.00+113.75) in advance on or before the first of each month commencing on May 1, 2017, plus the same for the last months rent. This amount includes rent and the listed items below. A move-in prior to May 1St is acceptable in order to vacate the current premises with rent prorated plus the hydo bill to be changed into the Tenants name prior to move-in. The following expenses are incurred by the Landlord during the term of this Lease. 1. Property Taxes 2. Snow removal 3. Lawn maintenance 5. (a) The designated space will be painted plus new flooring installed prior to move- in. (b) 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) 2 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. 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 at a minimum 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 Landlord 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 SELF-COUNSEL PRESS-C LEASE(1-2)00 3 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-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 Tenant at 1475 Con 5,RR#5, Kincardine, Ontario N2Z 2X6 to the Landlord at 1802 Hwy . 21 N., Kincardine, Ontario N2Z 2X4. 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 Landlord 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 Landlord. 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 SELF-COUNSEL PRESS-C.LEASE(1-3)00 4 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 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 MID(ua,R.A I a o . 6s/cite) Signed, sealed, and delivered ) in the presence of: ) C ) detdt,ey /e44 tilf2Ge.la!"C/ Witness for the Landl'd )Beverley McL and(The Landlord) e. y ) Witness for The Corporation of the Mayor e adie Muni pality of Kincardine . L• e csa_ Witness for the orporation of the CAO(Corp of the Munic of Kincardine Municipality o Kincardine We have authority to Bind the Corporation SELF-COUNSEL PRESS-C.LEASE(1-4)00