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HomeMy WebLinkAbout19 156 Concession Booth at Reunion Park (Kincardine Rotary Club) Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT 1i3 It1 110 , ALITYOF qN�� BY-LAW NO. 2019 - 156 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE KINCARDINE ROTARY CLUB FOR THE OPERATION OF THE CONCESSION BOOTH AT REUNION PARK 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 Municipality of Kincardine with the passage of By-law No. 2010 - 020 entered into an agreement with the Kincardine Rotary Club for the operation of a concession booth on the lands commonly known as `Reunion Park'. AND WHEREAS The Corporation of the Municipality of Kincardine deems it advisable to renew the said agreement with the Kincardine Rotary Club for a 10 year period beginning the 1st day of January 2020 to the 31st day of December 2029; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an agreement with the Kincardine Rotary Club for the operation of a • concession booth at Reunion Park, in accordance with the terms and conditions outlined in the agreement attached hereto as Schedule 'A' and forming part of this by-law. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the agreement with the Kincardine Rotary Club, attached hereto as Schedule 'A' and to affix the corporate seal. 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 "Concession Booth at Reunion Park (Kincardine Rotary Club) Agreement By-law". READ a FIRST and SECOND TIME this 2nd day of December, 2019. READ a THIRD TIME and FINALLY PASSED this 2nd day of December, 2019. • .,u t, 2 Mayor Clerk This is Schedule " " to By-Law No.9O141% passed the a day of 108r-20(9 Agreement made this 2 day of D--embx 2019 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (Hereinafter called the "Municipality") - AND— KINCARDINE ROTARY CLUB (Hereinafter called the "Club") WHEREAS the Club has leased Municipal lands and operated a concession booth on the lands commonly known as Reunion Park and harbour area in the Municipality of Kincardine. AND WHEREAS both parties wish to renew the said agreement for a further period of ten years, among other considerations; NOW THEREFORE, in consideration of the premises and mutual promises and covenants hereinafter contained, the parties hereby agree as follows: 1. Term (a) This agreement shall be for ten years,to be in effect from January 1, 2020 to December 31, 2029. (b) The parties shall review the terms of this agreement and the Club shall have the right to negotiate this lease for a further period on terms and with terms acceptable to the Municipality,first option to renegotiate. (c) The Club agrees that upon expiration of this lease or any subsequent negotiated renewals, the booth shall be removed form the said lands and the area returned to its original state. 2.Terms of Operations The Club shall operate the Concession Booth on the following terms and conditions: (a) The Club covenants that the demised premises will not, during the said term, be at any time used for any other purpose than that of a seasonal food concession booth, to be operated during the months of May,June,July,August, September and October. b)The Club agrees that no major additions or capital improvements will be added to the concession booth without first having obtained the permission of the Municipality. The Club agrees to submit a plan for any additions or improvements for the booth to the Municipality for their approval. c)The Club covenants to repair all buildings and equipment and leave the premises in good repair. d)The Club will ensure the area is clean and that garbage is properly disposed of at the expense of the Club, and in accordance with the Municipality's applicable by-laws. e)The Club agrees that all signage for the facility is in compliance with the Municipalities sign by- law. f)The Club agrees to keep the lands surrounding the concession booth free from litter, debris and other garbage created as a result of the food concession operation. g)If for any valid reason the Municipality requires the use of the lands upon which the concession booth sits, then the Club agrees to negotiate with the Municipality for a mutually acceptable site within Reunion Park which will have all present facilities(eg., water, hydro, sewer, parking) supplied by the Municipality at no cost to the Club within 90 days, if feasibly possible. h)The Club agrees that the operation of this activity by the Club is not exclusive and the Municipality may, at any time,grant future concession rights to any other person or group as the Municipality feels is appropriate in its absolute discretion. However,the Municipality acting in good faith will provide an appropriate setback for other food vendors should these rights be granted or approved of approximately 100 metres. i)The Municipality covenants with the Club for quiet enjoyment. j)The Municipality covenants to give the Club,their agents, clerks, servants and all persons transacting business with the Club, the right to enter the demised premises by means of the main entrance on Huron Terrace and free use of the Russell Street passages from the streets to the said premises at all reasonable times. 3. Insurance The Club shall put into effect and maintain in its name, at its expense, all the necessary insurance that would be considered appropriate for a prudent tenant undertaking your type of operation with insurers acceptable to the Municipality, including: i) 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 d) Tenants Legal liability e) Contents coverage on a replacement basis for all property owned by the Club and located at the concession booth. f) A thirty(30) day period after written notice of cancellation ii) The Club shall provide the Municipality with a valid Certificate of Insurance as evidence of the above coverages. The Club shall also provide the Municipality with any renewal replacement certificates during the remainder of the tenancy. iii) The Club agrees to fully indemnify and hold harmless the Municipality from and against all suits,judgements, claims, demands, expenses, actions, causes of action and losses of any kind and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, sustain or suffer as a result of, arising out of or in any way related to the matters addressed in this Agreement, unless such losses are caused solely by the Municipality's own gross negligence or willful misconduct. iv) 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 lands 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 lands. v) The Club shall not be entitled to damages, losses, costs or disbursements from the Municipality during the term hereby created on, caused by or an account of fire,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. 4.5ervices The parties agree that the cost of operating the Concession Booth shall be based on the following terms and conditions: a) The Club agrees to pay all charges for hydro and water used by the Club in the demised premises. b) The Club covenants to maintain meters for water and hydro service in order that actual costs for these services may be directly billed to the Club. 5.Financial Terms a) Major capital improvements and major repairs planned for the concession booth and/or Reunion Park area shall be submitted to the Municipality for approval as part of the annual budget process. 6.General a)This agreement shall not be assigned or transferred by the Club without the expressed written consent of the Municipality having been first obtained. b) This agreement shall become in force and effect only upon its authorization by Council. c) Any changes or other amendments to this agreement may only be made by further agreement in writing and duly authorized and signed by the parties. d) This agreement may be terminated by either party by either party giving sixty (60)days written notice of termination to the other, so long as this notice is outside of the operating period as defined in 2a. e) This agreement may be terminated without notice at the discretion of either party upon any act of default of the terms of this agreement, after providing appropriate notice and allowing a sixty(60) days remedy period, by either party or upon the Club ceasing to exist. f) This agreement shall inure 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). g) In the event that the Club is unable to lease the concession booth, both parties agree to meet and discuss options on a go forward basis. h) The Club agrees that upon expiration of this lease or any subsequent negotiated renewals,the booth shall be removed from the said lands and the area returned to its original state. 7.Notification a) Notification is deemed to be given to each of the respective parties if delivered to: Kincardine Rotary Club P.O. Box 113 Kincardine, ON N2Z 2X6 Attention: (519)830-0852 The Corporation of the Municipality of Kincardine 1475 5th Concession RR#5 Kincardine, ON N2Z 2X6 (519)396-3468 b)Any change in notification address by one party shall be provided to the other party within 10 calendar days of the change. Kincardine Rotary Club President—Margaret Nixon g 6444J241 ) Secretary—Susan Cruickshank We have the authority to bind the Club THE CORPORATIOp OF Tl-E MUNICIPALITY OF KINCARDINE Mayor— Eadi CAO—Sharon Chambers We have the authority to bind the Corporation