1996-100
.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 96-100
Being a By-law to Enter Into a Lease Agreement Between the
Township and Blades Pro Shop for space to operate a Pro Shop at
the Oro-Medonte community Arena
WHEREAS Section 102 of the Municipal Act, R.S.O. 1990, as amended
provides that Councils may pass by-laws for the health, safety,
morality and welfare of it inhabitants;
AND WHEREAS the Township is the Owner of Oro-Medonte Community
Arena in the Township of Oro-Medonte in the County of simcoe;
AND WHEREAS Blades Pro Shop desires to secure space to operate a
Pro Shop at the Oro-Medonte Community Arena located in Concession
5, Part West 1/2 Lot 20 in the Township of Oro-Medonte;
NOW THEREFORE BE IT RESOLVED that The Corporation of the Township
of Oro-Medonte enacts as follows:
1. That the lease agreement between Blades Pro Shop and The
corporation of the Township of Oro-Medonte for premises
described as Part West 1/2 Lot 20, Concesion 5, formerly
Township of Oro, be accepted, effective September 23, 1996.
2. That the Deputy Mayor and Clerk be authorized to execute
said Lease Agreement, attached hereto as Schedule "A" and
forming part of this By-law.
3. That this By-law shall come into full force and effect on
its final passing thereof.
By-Law read a first and second time this 2nd day of October,
1996.
By-Law read a third time and finally passed this 2nd day of
October, 1996.
THE CORPORATI'jN OF THE TOWNSHIP OF ORO-MEDONTE
!
f
I
Murray Martin
Depu
4.~/~~ pJ~
Clerk, Lynda Aiken
, t
"
This Agreement made in triplicate this
1996,
day of
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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hereinafter referred to as the "Lessor", the PARTY OF THE FIRST
PART,
-AND-
BLADES PRO SHOP (Linda Richardson)
hereinafter referred to as the "Lessee", the PARTY OF THE SECOND
PART,
WHEREAS the Lessor has awarded to the Lessee a contract to operate
a PRO SHOP;
AND WHEREAS, in consideration of the services of the Lessee to be
provided to the Township and the Taxpayers, the Lessor has agreed
to provide space for Lessee to carryon the business of a Pro Shop
service at the Oro-Medonte Community Arena located at Guthrie in
the Township of Oro-Medonte;
NOW THEREFORE in consideration of the premises and of the covenants
and agreements herein contained, the parties hereto covenant and
agree as follows: III
1.1 For a . e (f) month period commencing September 23,1996, the
Lessee will pay to the Lessor for the space occupied at the
above address the sum of $60.00 Canadian dollars per month
plus $4.20 GST for a total of 64.20 m~h.
l&>
\5J post-dated cheques made
the Township of Oro-Medonte upon
1.2
The Lessee will submit
payable to the Corporation of
signing of the agreement.
2.1 The Lessee shall operate a Pro Shop service at the Township of
Oro-Medonte Community Arena. Services to be provided shall
include but not be limited to skate sharpening, equipment
repairs and equipment sales.
2.2 The hours of operation will include but not be limited to
evenings and week-ends.
2.3 The Lessee shall not sell food, beverages or confectionery
items.
3. The Lessee shall obtain all necessary permits and licences for
the operation of a Pro Shop.
"
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4. The Lessee shall take proper and reasonable care of the area
and equipment assigned to his/her business.
,.
5.
The Lessee shall carry adequate liability insurance both
single and group as well as property damage coverage. The
limits on this coverage shall be not less than $1,000,000.00
each person and $1,000,000.00 each occurrence respecting
property damage. Certificates of such insurance shall be
delivered to the Corporation prior to commencement of the Pro
Shop operation.
6. The Lessee shall not be liable for loss or damage to the
lessors premises through fire, lightning, tempest, or any act
of God or the Queen's enemies, explosions, riots, strikes or
other act or occurrence beyond the control of the Lessee,
other than caused by the negligence of the Lessee or its
employees.
7.1 The Lessee shall maintain the premises constituting the Pro
Shop including cleaning.
7.2 The skate sharpening equipment shall have a built-in dust
collection system.
8. The Lessor shall provide and maintain a means of garbage
disposal, heating of the premises, and electric power.
9. The provision of providing services including skate
sharpening, repairs and selling of goods will be under the
direction of the Lessee and all financial returns will be
directed to the Lessee.
10.1 The Lessor hereby grants unto the Lessee exclusive rights to
operate a Pro Shop service in the Township of Oro-Medonte
Community Arena for f~ (5) months commencing September 23,
1996. " Ch)
10.2 If the Lessee herein refuses or fails to comply with any of
the terms and conditions of this Agreement, or with any proper
order or request of the Lessor, and such refusal or failure
continues for five (5) days after receipt by the Lessee of
notice in writing from the Lessor setting out the particulars
of such refusal or failure, the Lessor shall have the right,
at its option, to terminate the Agreement forthwith by notice
in writing to the Lessee at the address given by him/her in
the Agreement and thereupon the rights of the Lessee shall
immediately cease, and be at an end.
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Where the Agreement is terminated in accordance with the
foregoing, the Lessor without limiting the generality of the
foregoing;
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shall be deemed free to enter into an agreement with any
other person or persons for the operation of a Pro Shop
at the Oro-Medonte Township community Arena.
b) in addition to and without limiting any other remedy for
failure of the Lessee to pay the amounts required to be
paid to the Lessor hereunder, the Lessor may seize all or
any of the goods or chattels of the Lessee for any
arrears of such amounts, and such goods or chattels may
be seized at any place to which they have been removed
whether on the premises or otherwise.
a)
11. The Lessee shall indemnify and save harmless the Lessor from
any loss or liability arising directly or indirectly from the
Lessee's occupation or use of the space as a result of
negligence of the Lessee, its employees or agents, or any
other person or persons, in, on or about the premises;
The Lessee shall:
a) operate upon its own credit, and provide the Lessor, its
patrons and visitors with the services as determined in
the contract.
b) Be responsible for securing any federal, provincial, or
municipal licenses and permits required and remit all
sales and business taxes required for the operation of a
Pro Shop.
c) Comply with all relevant Health & Safety regulations with
respect to the services provided.
d) Maintain an adequate inventory of merchandise.
e) Be responsible for cleaning and maintaining all supplies
and equipment.
f) Pay the cost of any locks and keys that must be changed
or provided for the Pro Shop entry door.
g) Observe all Township of Oro-Medonte polices and
procedures while on Township premises.
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12. The Lessor shall:
a)
- b)
c)
13. The
a)
b)
Supply the necessary Hydro service required to operate
the Lessee's equipment.
Be responsible for garbage removal.
Supply heat and lightning.
Lessor and Lessee agree as follows:
The Lessee shall perform the whole of the service herein
mentioned for operation of a Pro Shop.
That either party may terminate this Agreement by
providing the other party with thirty (30) days written
notice.
c) The Lessor will authorize the Lessee to remodel the work
space (at the expense of the Lessee) in order that the
Lessee may properly perform the whole of the services
hereafter agreed to.
d) Any form of advertisement be approved by the Lessor prior
to placement, which includes but is not limi ted to
newspapers, signs, in and around the Lessor Property
(subject to Township By-laws). All such media will be
installed and maintained at the expense of the Lessee.
14. Unless determined by mutual consent in writing,
a)
b)
This Agreement shall be in effect for a term of five (~)
months from the date of execution by the lessee provided
that either party has the right to terminate the
Agreement at any time by giving at least thirty (30) days
notice in writing to the other party.
This Agreement shall include the option to renew the
Contract for an additional two (2) years. Any
alterations to the terms and conditions of the contract
for the additional years must be duly authorized by all
parties concerned.
15. The Lessee shall not assign any interest in this Agreement
without the written consent of the Lessor, which may be
withheld.
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16. No verbal arrangement shall be considered valid if at variance
to the terms and conditions expressed in this Agreement and
any alterations to the terms of the Agreement must be duly
authorized by all parties concerned.
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17. Any written notice, or any other thing to be given or
delivered pursuant to the Agreement shall be deemed properly
given if delivered personally or mailed by registered mail to:
Blades Pro Shop
c/o Linda Richardson
R. R. #1
Shanty Bay, ontario LOL 2LO
- and -
The corporation of the Township of Oro-Medonte
P. o. Box 100
Oro, ontario LOL 2XO
Attention: Deborah Broderick. Director-Recreation & Community
Economic Development
And such notice shall be deemed to have been given at the time
it was delivered or three (3) days from the date of mailing as
the case may be.
IN WITNESS WHEREOF the parties hereto affix their corporate seals
duly authorized by their proper signing officers on their behalf.
Signed By:
of Oro-M~donte
LESSEE:
position:
CORPORATION:
Per:
Murray
Lynda Aiken, Clerk