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HomeMy WebLinkAbout18 092 Bluewater Trailer Park Tender Acceptance (Lisa Stacey) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT E (lilt TY OF BY-LAW NO. 2018 - 092 BEING A BY-LAW TO ACCEPT A TENDER FOR THE OPERATION OF THE BLUEWATER TRAILER PARK (Lisa Stacey) WHEREAS pursuant to the said Municipal Act, 2001, Section 8 (1) and 9 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 Section 110 of the said Municipal Act, authorizes municipalities to enter into agreements for the provision of municipal capital facilities by any person; AND WHEREAS the Municipality of Kincardine is the owner of the Bluewater Trailer Park, located on property described as Lots 5,6,7 and 8, East Side of Saugeen Street, Original Plan of Penetangore in the Municipality of Kincardine; AND WHEREAS The Corporation of the Municipality of Kincardine deems it advisable to accept the tender of Lisa Stacey for the operation of the Bluewater Trailer Park for a 5 year period from the 21St day of October, 2018 to the 20th day of October, 2023; NOW THEREFORE the Council of The Corporation of the Municipality of • Kincardine ENACTS as follows: 1. That the tender of Lisa Stacey for the operation of the Bluewater Trailer Park in accordance with terms and conditions outlined in the document attached hereto as Schedule `A' and forming part of this by-law, be hereby accepted. 2. That the Mayor and CAO be authorized to execute, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with Lisa Stacey attached to this by-law. 3. That this by-law shall come into full force and effect upon its final passage. 4. That this by-law may be cited as the "Bluewater Trailer Park Tender Acceptance (Lisa Stacey) By-law". READ a FIRST and SECOND TIME this 11th day of July, 2018. READ a THIRD TIME and FINALLY PASSED this 11th day of July, 2018. • CULUC-:t o- Mayor De uty Clerk _" to By-Law No. Q -c passed the_Ll day This is Schedule" of ���' -- 20 t g BLUEWATER TRAILER PARK AGREEMENT This AGREEMENT made this I 1 day of 0-uky , 2018. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- LISA STACEY Hereinafter called the "Lessee" Of the Second Part. WHEREAS the Municipality owns the parcel of land described in Schedule "A" attached which is known as the Bluewater Trailer Park; AND WHEREAS the Municipality has agreed to enter into an agreement for the operation of the Bluewater Trailer Park from the 21st day of October 2018 to the 20th day of October, 2023; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the said Lessee, to be paid, observed and performed, the Municipality has demised and leased and by these presents doth demise and lease unto the said Lessee; ALL THOSE CERTAIN PREMISES described as Lots 5, 6, 7 and 8, East Side of Saugeen Street, Original Plan of Penetangore in the former Town of Kincardine in the County of Bruce. 1. TO HAVE AND TO HOLD the said premises for and during the term to be computed from the 21st day of October, 2018 and thenceforth ensuing and to be fully completed and ended on the 20st day of October 2023. 2. The Lessee covenants with the Municipality to pay rent plus HST for operating said Trailer Park (see attached Schedule "B"). 3. The Lessee covenants to pay all realty and business taxes in respect of the business carried on by Lessee in or upon or by reason of their occupancy of the premises hereby demised; 4. The Lessee will open up the Dunsmoor Park washrooms each morning by 7 am and will lock them up each night at approximately 11 pm. 5. The Lessee covenants to repair all lands, buildings and equipment and leave the premises in good repair. Any damage as a result of fire, lightning and tempest will be the only exceptions. The Municipality shall pay for all replacement of fixed assets the Municipality deems in need of replacement. 6. The Lessee covenants that the Municipality, through its authorized agents, may enter and view the state of repair during all reasonable hours. 7. The Lessee covenants that the demised premises will not, during the said term, be at any time used for any other purpose that that of a trailer park. 2 Bluewater Trailer Park Agreement 8. The Lessee covenants that no fixtures, goods or chattels of any kind will, except in the ordinary course of business, be removed from the demised premises during the term hereby demised or at any time thereafter without the written consent of the Municipality, its successors or assigns, being first had and obtained, until all rent in arrears as well as all rent to become due during the remainder of the term hereby granted shall have been fully paid, or the payment thereof secured to the satisfaction of the Municipality or its assigns. 9. Lessee covenants to pay all charges for electric energy (for light and power) and water used by Lessee in the demised premises. 10. The Lessee covenants that if during the said term desire to affix or erect partitions, counters or fixtures in any part of the walls, floors or ceilings of the demised premises, they may do so at their own expense at any time and from time to time provided that Lessee's rights to make such alterations to the demised premises shall be subject to the following conditions: i) THAT before undertaking any such alterations the Lessee shall submit to the Municipality a plan showing the proposed alterations and shall obtain the approval and consent of the Director of Recreation and Parks_ ii) THAT all such alterations shall conform to all building by-laws, if any, then in force affecting the demised premises. iii) 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 demised premises. 11. The Lessee covenants that, except as herein provided, the Lessee will not erect or affix or remove or change the location or style of any partitions or fixtures, without the written consent of the Municipality of Kincardine being first had and obtained. 12. The Lessee covenants that, at the expiration of the term hereby grants, or any renewal thereof, all fixtures belonging to the Lessee shall remain upon the demised premises until taken down by the Municipality of Kincardine and the Lessee shall forthwith, upon the same being taken down, remove the same from the demised premises first paying to the Municipality of Kincardine the expense of such taking down and making good all damage occasioned to the demised premises by the taking down or removal thereof. 13. The Lessee covenants that, if the term hereby granted or the goods and chattels of the Lessee shall be at any time seized or taken in execution of attachment; or if the Lessee shall make an assignment for the benefit of creditors or shall become bankrupt or insolvent or make a proposal to its creditors or without the consent of the Municipality being first obtained in writing, shall make a sale under the Bulk Sales Act, in respect of goods on the premises, or being a company shall become subject to any legislative enactment relating to liquidation or winding up, wither voluntary or compulsory, the said term shall immediately become forfeited and void. 14. The Municipality covenants that the Lessee has the right to establish the rules and regulations for the operation of the trailer park and that the Municipality shall not interfere with the enforcement of said rules. 15. The Lessee covenants that, in the event the Municipality of Kincardine desiring at any time during the term, or renewal thereof, to remodel the demised premises, or, any part thereof, or to take down the said building, the Lessee will on receiving six months' notice in writing, surrender this lease and all the remainder of the term, if any, then yet to come and unexpired, as from the day mentioned in such notice and will, subject nevertheless to the provisions hereinbefore contained thereupon, vacate the premises and yield up to the 3 Bluewater Trailer Park Agreement Municipality of Kincardine the peaceable possession thereof. IT IS UNDERSTOOD that the said six months' notice need not expire at the end of any year or at the end of any month. 16. The Lessee covenants, promises and agrees with the Municipality of Kincardine that notwithstanding any present or future Act of the Legislature of the Province of Ontario, none of the goods or chattels of the Lessee at any time during the continuance of the term hereby created on the said demised premises shall be exempt from levy by distress for rent in arrears by the Lessee as provided for by the said Section of said Act, and that upon any claim being made for such exemption by the Lessee or on distress being made by the Municipality of Kincardine, this covenant and agreement may be pleaded as an estoppel against the Lessee in any action brought to test the right to the levying upon any such goods as are named exempted in the said Section, the Lessee waiving as they hereby do all and every benefit that could or might have accrued to them under and by virtue of the said section of the said act but for the above covenant. The Municipality covenants with the Lessee for quiet enjoyment. 17. The Municipality covenants to give the Lessee, their agents, clerks, servants and all persons transacting business with the Lessee, in common with other persons, the right to enter the demised premises by means of the main entrance on Saugeen Street and free use of the Saugeen Street passages from the street to the said premises at all reasonable times. 18. PROVISO for re-entry by the said Municipality on non-payment of rent or non- performance of covenants. 19. IT IS FURTHER DECLARED AND AGREED that in case the said premises or any part thereof, become and remain vacant and unoccupied for the period of fifteen days, or be used by any other person or persons, or for any other purposes than as above provided, without the written consent of the Municipality of Kincardine, this lease shall, at the option of the Municipality, cease and be void and the term hereby created expire and be at an end, anything hereinbefore to the contrary notwithstanding and proportionate part of the current rent shall thereupon become immediately due and payable, and the Municipality may re- enter and take possession of the premises as though the Lessee or other occupant or occupants of said premises were holding over after the expiration of the term; or in such case instead of this lease as aforesaid and re-entering upon the demised premises, the Municipality may take possession of the demised premises or any part or parts thereof, and let and manage the same and grant any lease or leases thereof upon such terms as to the Municipality or its assigns may appear to be reasonable, and demand, collect, receive and distrain for all rental which shall become payable in respect thereof, and apply the said rentals after deducting all expenses incurred in connection with the demised premises and in the collection of the said rent including reasonable commission for the collection thereof and the management of the demised premises, upon the rent hereby reserved, and the Municipality and its assigns and every such agent acting as aforesaid from time to time, shall in so acting be the agent of the Lessee, who alone shall be responsible for their acts, and the Municipality and its assigns shall not be accountable for any moneys except those actually received, notwithstanding any act, neglect, omission of default or any such agent acting as aforesaid. 20. AND IT IS FURTHER DECLARED AND AGREED THAT the Municipality shall not be liable for any damage to any property at any time upon the demised premises arising from steam, water, rain or snow, which may leak into, issue or flow from any part of the said building or from the water, steam or drainage pipes or plumbing works of the same or from any other place or quarter for any damage caused by or attributable to the condition or arrangements of electric or other wires on the said demised premises. 4 Bluewater Trailer Park Agreement 21. The Lessee shall be liable for any damage done by reason of water being left running from taps on the demised premises. 22. AND the Municipality shall not be responsible for any personal injury which shall be sustained by the Lessee or any employee, customer, or other person who may be upon the demised premises or in the said building or the entrances or appurtenances thereto. All risks of any such injury being assumed by the Lessee, who shall hold the Municipality harmless and indemnified therefrom. 23. The Lessee shall give the Municipality prompt written notice of any accident or other defect in the sprinkler system, water pipes, or heating apparatus, telephone, electric or other wires on any part of the premises. 24. The Lessee covenants with the Municipality that their said business to be so carried on in the said building will not be of such a nature as to increase the insurance risk on the said premises or cause the Municipality 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 Lessee is or becomes of such a nature to increase the insurance risk or causes the Municipality and/or other occupants of the said building to pay an increased rate of insurance premiums, that the Lessee will from time to time pay to the Municipality the increased amount of insurance premiums which the said Municipality and other occupants of the said building have to pay in consequence thereof; provided that the Lessee covenants 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 Municipality or the other occupants of the said building. The lessee shall put in effect and maintain in its name, at its expense, all the necessary insurance that would be considered appropriate for an undertaking of this type of operation for the period during which the Agreement is in effect with insurers acceptable to the Municipality including: 1. Commercial General Liability Insurance, for third party bodily injury, personal injury and property damage to an inclusive limit of not less than Two Million Dollars ($2,000,000) per occurrence. The policy shall include: a) The Corporation of the Municipality of Kincardine as an additional insured; b) Cross liability c) Contractual liability; and d) A thirty (30) day written notice of cancellation The Lessee shall provide the Municipality with a valid Certificate of Insurance as well as a Clearance Certificate or Letter of Independent Contractor Status issued by the Workplace Safety Insurance Board (WSIB) as evidence of the above coverage upon signing the agreement. The Lessee shall provide the Municipality with any renewal replacement certificates as may be necessary during the term of the Agreement. 25. PROVIDED that the Lessee will not do or permit anything to be done on the said premises or permit or keep anything therein which may be annoying to the Municipality or other occupants of the said premises or which the said Municipality may deem to be a nuisance and that no machinery shall be used therein which shall cause any undue vibration in or to the said premises and that in case of the Municipality or any other occupants of the said premises reasonably complaining that any machinery or operation of process is a nuisance to it or them of which causes any undue vibration or noise on the said premises, that upon receiving notice thereof, the said Lessee will immediately abate such nuisance. The said Lessee covenants not to obstruct or interfere with the rights of the Municipality or other occupants of the said premises or in any way injure or annoy them or conflict with any of the rules and regulations of the Board of Health or with any statute or municipal by-law. 5 Bluewater Trailer Park Agreement 26. AND IT IS HEREBY FURTHER AGREED by and between the Municipality and the said Lessee that no sign, advertisement or notice shall be inscribed, painted or affixed by the said Lessee on any part of the demised premises whatever, unless of such manner, colour, size and style and in such places upon the demised premises as shall be first designated by the Municipality, and furthermore, the Lessee, on ceasing to be the Lessee of the demised premises, will, before removing theirs goods and fixtures from the said premises, cause any sign as aforesaid to be removed or obliterated at his own expense and in a workmanlike manner to the satisfaction of the Municipality. 27. The Lessee agrees at their own expense to replace any plate glass or other glass that has been broken or removed during the term of the within lease or of any renewal thereof and will during the said term keep the place glass fully insured in some company approved by the Municipality. 28. PROVIDED that if during the term herein or any renewal thereof the premises shall be destroyed or damaged by fire or the elements then the following provisions shall apply; (a) If the demised premises shall be so badly injured as to be unfit for occupancy, and as to be incapable of being repaired with reasonable diligence within one hundred and twenty days of the happening of such injury, then the term hereby granted shall cease and be at an end to all intents and purposes from the date of such damage or destruction, and the Lessee shall immediately surrender the same, and yield up possession of the demised premises to the Municipality, and rent from the time of such surrender shall be apportioned; (b) If the demised premises shall be capable, with reasonable diligence, of being repaired and rendered fit for occupancy within one hundred and twenty days from the happening of such injury as aforesaid, but if the damage is such as to render the demised premises wholly unfit for occupancy, then the rent hereby reserved shall not run or accrue after such injury, or while the process of repair is going on, and the Municipality shall repair the same with all reasonable speed, and the rent shall recommence immediately after such repairs shall be completed; (c) If the demised premises shall be repaired within one hundred and twenty days and if the damage is such that the said premises are capable of being partially used, then until such damage shall have been repaired, the rent shall abate in the proportion and the part of the demised premises rendered unfit for occupancy bears to the whole of the demised premises. 29. There shall be no abatement from or reduction of the rent due hereunder, nor shall the Lessee be entitled to damages, losses, costs or disbursements from the Municipality during the term hereby created on, caused by or on account of fire, (except as above), water, sprinkler systems, partial or temporary failure or stoppage of heat, light or plumbing services in or to the said premises or buildings, whether due to acts of God, strikes, accidents, the making of alterations, repairs, renewals, improvements, structural changes to the said premises or buildings or the equipment or systems supplying the said services, or from any cause whatsoever; provided that the said failure or stoppage be remedied within a reasonable time. 30. THAT the Lessee will permit the Municipality to exhibit the demised premises during the last three months of the term to any prospective tenant and will permit all persons having written authority therefor to view the said premises at all reasonable hours. 31. THAT any notice which either of the parties is required or permitted to give pursuant to any provision of this lease may, if intended for the Lessee be given by a writing left at the demised premises or mailed by registered mail addressed 6 Bluewater Trailer Park Agreement to the Lessee at the demised premises and if intended for the Municipality by a writing left at the premises of the Lessee at the Office of the CAO, Municipality of Kincardine, 1475 Concession 5, R.R. 5, Kincardine, ON N2Z 2X6 or mailed by registered mail addressed to the Municipality of Kincardine at the Municipality's said premises and such notice shall be deemed to have been given at the time it was delivered or mailed, as the case may be. 32. PROVIDED further and it is hereby agreed that should the Lessee hold over after the expiration of this lease and the Municipality thereafter accept rent for the said premises, the Lessee shall hold the said premises as a monthly tenant only of the Municipality but subject in all other respects to the terms and conditions of this lease. 33. The words importing the singular number only shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender and words importing persons shall include firms and corporations and vice versa. 34. This lease is not assignable without the written permission of the Municipality. 35. This lease may be terminated by either party with 60 days' written notice given to the other by regular mail. 36. This lease shall have no option upon its termination. The lease shall be declared terminated on the 21st day of October 2023. 37. The CAO shall act as the agent of the Municipality and is authorized to act on its behalf in these contractual matters. 38. The Director of Parks & Recreation shall act as the Municipality's agent on a day to day basis. 39. This agreement shall enure to the benefit of and be binding on the respective heirs, executors, administrators, successors and assigns of the parties hereto (and shall run with the said land owned by the parties). IN WITNESS WHEREOF the parties hereto have executed this Agreement. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE in the presence of ) MUNICIPALITY OF KINCARDINE- ) ) �J ) Mayor ) 9 4i_ ) CAO ) We have e authority to bind the Corporation ) Witness / ) Lisa S ey ) ) 7 Bluewater Trailer Park Agreement Schedule "A" Lots 5, 6, 7 and 8, East side of Saugeen Street, Original Plan of Penetangore in the Municipality of Kincardine in the County of Bruce. 8 Bluewater Trailer Park Agreement Schedule "B" DATE AMOUNT GST TOTAL May 31, 2019 $16,570.00 $2,154.10 $18,724.10 June 30, 2019 $16,570.00 $2,154.10 $18,724.10 May 31, 2020 $16,570.00 $2,154.10 $18,724.10 June 30, 2020 $16,570.00 $2,154.10 $18,724.10 May 31, 2021 $16,570.00 $2,154.10 $18,724.10 June 30, 2021 $16,570.00 $2,154.10 $18,724.10 May 31, 2022 $16,570.00 $2,154.10 $18,724.10 June 30, 2022 $16,570.00 $2,154.10 $18,724.10 May 31, 2023 $16,570.00 $2,154.10 $18,724.10 June 30, 2023 $16570.00 $2,154.10 $18,724.10 Total Payable $165,700.00 $21,541.00 $187,241.00