HomeMy WebLinkAbout05 042 agree bluewater trailer
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mE CORPORATION OF mE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2005 - 042
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT
WITH BETTY MACDONALD
FOR THE OPERATION OF THE BLUEWATER TRAILER PARK
WHEREAS Section 110 of the Municipal Act, 2001, S.D. 2001, c. 25, as
amended authorizes municipalities to enter into agreements for the provision of
municipal capital facilities by any person;
AND WHEREAS pursuant to the said Municipal Act, Sections 8 and 9 (1) provide
municipalities with the powers of a natural person to enable them to govern their
affairs as they consider appropriate under this or any other Act and to enhance
their ability to respond to municipal issues;
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 Council for The Corporation of the Municipality of
Kincardine deems it advisable to enter into a lease agreement with Betty
MacDonald for the operation of the Bluewater Trailer Park for a three-year period
from the 1st day of April 2005 to the 31s1 day of March, 2008.
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Corporation of the Municipality of Kincardine enter into a lease
agreement with Betty MacDonald for the operation of the Bluewater Trailer
Park.
2. That the Mayor and CAD be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine, the Agreement with Betty MacDonald,
attached to this by-law 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 "Bluewater Trailer Park Lease Agreement
(2005) By-law".
READ a FIRST, SECOND, and THIRD time and FINALLY PASSED this 6th day
of April, 2005.
(---~
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Mayor '
Clerk
This Is sg,.eduIe · ß... · to BY-Law
N~~1be~day
of~200.~ ~
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B!.UEVYAT :~ TRAILER PARK A~ENT Clerk
This AGREEMENT made this &<.It../ day of tJI'RJi- ,200s:"
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and-
BETTY MacDONALD
Hereinafter called the "Lessee"
Of the Second Part.
WHEREAS the Municipality owns the parcel of land described in Schedule "A" attar:hed
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 1st day of April 2005 to the 31st day of
March, 2008;
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 Municipality of Kincardine.
1. TO HAVE AND TO HOLD the said premises for and during the term to be
computed from the 1st day of April, 2005 and thenceforth ensuing and to be fully
completed and ended on the 31st day of March 2008.
2. The Lessee covenants with the Municipality to pay rent plus GST for operating
said Trailer Park (see attached Schedule "B").
3. The Lessee covenants to pay all realty anp 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.
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
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Bluewater Trailer Park Agreement
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 r~nt 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:
ii)
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.
THAT all such alterations shall conform to all building by-laws, if any, then
in force affecting the demised premises.
i)
THAT such 'alterations will not be of such kind or extent as to i,r:1 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.
iii)
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
Municipality of Kincardine the peaceable possession thereof. IT IS
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Bluewater Trailer Park Agreement
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 ofthe 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 co'{enants.
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 creat.ed 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 t.he 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 t.he condition or arrangements of electric or
other wires on the said demised premises.
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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 provide the Municipality proof of insurance
covering all insurance related clauses contained in the contract prior to execution
of this contract. the insurance policy shall carry a minimum liability limit of
$2,000,000 (two mß!ion dollars) Canadian. '
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.
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.
5
Bluewater Trailer Park Agreement
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)
(b)
(c)
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;
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;
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, repai~, 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
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 CAD, 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 Le~ shall hold the said prElmises 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
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Bluewater Trailer Park Agreement
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 31st day of March 2008.
37. The CAD shall act as the agent of the Municipality and is authorized to act on its
behalf in these contractual matters.
38. The Director of Reþreation 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 Municipality has hereto affIXed its corporate seal attested
by the hands of its Mayor and CAD this k~ day of 1Ift?/~ 2005. The Lessee has
hereunto set their hand this b~ day of AltfIL/,2005.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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Witness
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE-
.£1J ~ ß "/-;rr
Mayor
¿',9 ~Q 0 ^J¡
CAO -
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¿ Betty MacDonald
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.
~"'t-
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Bluewater Trailer Park Agreement
Schedule "B"
DATE AMOUNT GST TOTAL
Mav 31,2005 $9,000.00 $630.00 $9,630.00
June 30, 2005 $9,000.00 $630.00 $9,630.00
Mav 31, 2006 $9,500.00 $665.00 $10,165.00
June 30, 2006 $9,500.00 $665.00 $10,165.00
May 31, 2007 $10,000.00 $700.00 $10,700.00
June 30, 2007 $10,000.00 $700.00 $10,700.00
Total Pavable $57,000.00 $3,990.00 $60,990.00