1996-024 Enter into a Lease Agreement Between Old Town Hall Co-operative for the Old Town Hall
, .
THE CORPORATION OF THE TOWNSHIP OF ORO-XEDONTE
BY-LAW NO. 96- 24
Being a By-Law to Enter Into a Lease Aqreement Between Old Town
Hall co-operative (Debra stringer) for the Old Town Hall
WHEREAS the Old Town Hall Co-operative (Debra Stringer) desires to
lease the Oro-Medonte Township facility known as the Old Town Hall
located on Line 7 at the 15th/16th Side Road to carryon the
business of the Old Town Hall co-operative Service;
NOW THEREFORE be it resolved that The corporation of the Township
of Oro-Medonte enacts as follows:
1. That the lease agreement between Old Town Hall Co-operative
(Debra Stringer) and The Corporation of the Township of Oro-
Medonte for premises described as the Old Town Hall located on
Line 7 at the 15th/16th Side Road, Township of Oro-Medonte, be
accepted, effective March 1st, 1996.
2. That the Mayor and Deputy 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.
READ a first and second time this 6th day of March, 1996.
READ a third time and finally passed this 6th day of March, 1996.
THE CORPORATIOH OF THE TOWNSHIP OF ORO-MEDONTE
J/
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,__e..-- A!~.e1...'~
Mayor, Ian Be~rd
Schedule "A"
This Agreement made in triplicate this 1st day of March, 1996,
BET WEE N:
--
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
hereinafter referred to as the "Lessor", the PARTY OF THE FIRST
PART,
-AND-
OLD TOWN HALL CO-OPERATIVE (DEBRA STRINGER)
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 Central Information Centre; a Co-operative Retail location; and
a Learning and Development Centre and Volunteer Training Facility,
hereinafter referred to as the "Old Town Hall Co-operative".
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 the Old
Town Hall Co-operative service at the Oro-Medonte Township facility
known as the Old Town Hall located on Line 7 at the 15th/16th Side
Road 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:
1.1 For a twenty-four (24) month period commencing March 1,
1996 to February 28, 1998, the Lessee will pay to the
Lessor for the space occupied at the above address the
sum of $1,200 Canadian dollars per annum plus utilities.
1.2 The Lessee will submit two (2) post-dated cheques made
payable to the Corporation of the Township of Oro-Medonte
upon signing of the agreement.
1.3 The cost of utilities will be paid at year end by the
Lessee, upon proof of utility bills, by cheque made
payable to the Township of Oro-Medonte.
1.4 The lessee will submit one cheque in the amount of $500
to be held as security against damages and/or non-payment
of utility bills to be refunded upon completion of this
Agreement provided utility bills have been paid and the
premises is deemed to be in an acceptable condition.
2.1 The Lessee shall operate the Old Town Hall Co-operative
service at the Township of Oro-Medonte facility known as
the Old Town Hall. Services to be provided shall include
but not be limited to a central information centre, a co-
operative retail location and a learning and development
and volunteer- training facility. All programs shall be
of a quality satisfactory to the Lessor.
II
2.2
The hours of operation will include but not be limited to
Monday to Saturday, days from 8:00 a.m. to 6:00 p.m. and
evenings from 6:00 p.m. to 1:00 a.m.
2.3 The Lessee shall provide a thirty (30) day notification
period for availability of the facility for other
purposes, as well as cancellation of the rental agreement
itself.
2.4 The Lessee shall accommodate both the Horticultural and
Agricultural Societies for their meetings and events.
2.5 The Lessee is prohibited from sUb-leasing the premises.
2.6 The Lessor will review this Agreement in September of
1996 and September 1997, with a report made to Council.
3.1 The Lessee shall obtain all necessary permits and
licences for the operation of the "Old Town Hall
cooperative" (as described in Appendix A).
4.1 The Lessee shall take proper and reasonable care of the
area and equipment assigned to his/her business.
4.2 The Lessee shall not make any changes to the building or
grounds unless approved by the Lessor.
5.1 The Lessee shall carry adequate liability insurance both
Tenant Legal Liability in the amount of One Hundred
Thousand Dollars ($100,000) and General Liability of no
less than One Million Dollars ($1,000,000). Certificates
of such insurance shall be delivered to the Corporation
prior to commencement of the Old Town Hall Co-operative
operation.
6.1 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
Old Town Hall, including cleaning.
2
8.1 The Lessor shall provide and maintain a means of garbage
disposal, heating of the premises, and electric power.
9.1
8
10.1
The provision of providing services including a Central
Information Centre, a co-operati ve learning and
development centre and volunteer training facility as
described in Appendix A, will be under the direction of
the Lessee and all financial returns will be directed to
the Lessee.
The Lessor hereby grants unto the Lessee rights to
operate the Old Town Hall co-operative in the Township of
Oro-Medonte Old Town Hall facility for twenty-four (24)
months commencing March 1, 1996 and ceasing February 28,
1998.
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.
11.1
Where the Agreement is terminated in accordance with the
foregoing, the Lessor without limiting the generality of the
foregoing;
a)
shall be deemed free to enter into an agreement with any
other person or persons for the operation of an
Information Centre, Co-operative Retail Location and a
Learning and Development Centre.
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.
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;
3
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.
8 b)
c)
d)
e)
f)
g)
12.1
a)
b)
c)
13.1
a)
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
the Old Town Hall cooperative.
comply with all relevant Health & Safety regulations with
respect to the services provided.
Maintain an adequate inventory of merchandise.
Be responsible for cleaning and maintaining all supplies
and equipment.
Pay the cost of any locks and keys that must be changed
or provided for the Old Town Hall entry door.
Observe all Township of Oro-Medonte polices and
procedures while on Township premises.
The Lessor shall:
Supply the necessary Hydro service required to operate
the Lessee's equipment.
Be responsible for garbage removal.
Supply heat and lightning.
The Lessor and Lessee agree as follows:
The Lessee shall perform the whole of the service herein
mentioned for operation of the Old Town Hall Co-
operative.
b) 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.
4
14.1
II
15.1
16.1
17.1
d)
Any form of advertisement be approved by the Lessor prior
to placement, which includes but is not limited to
newspapers, signs, in and around the Lessor Prop~rty
(subject to Township By-laws). All such media will be
installed and maintained at the expense of the Lessee.
Unless determined by mutual consent in writing,
a)
This Agreement shall be in effect for a term of twenty-
four (24) 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 twenty-four (24) months. Any
alterations to the terms and conditions of the contract
for the additional years must be duly authorized by all
parties concerned.
b)
The Lessee shall not assign any interest in this
Agreement without the written consent of the Lessor,
which may be withheld.
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.
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:
Old Town Hall Co-operative
c/o Debra stringer
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. Parks & Recreation Manaqer
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.
5
8
IN WITNESS WHEREOF the parties hereto affix their corporate seals
duly authorized by their proper signing officers on their behalf.
LESSEE:
signed By:
position:
CORPORATION:
Per:
Old Town Hall Co-operative (Debra strinqer)
The corporation of the Township of Oro-Medonte
I
I1L,,/-.. JSl1ttA..,,!
Ian Beard, Mayor
/
Clerk
6
APPENDIX A
DESCRIPTION OF ACTIVITIES - OLD TOWN HALL CO-OPERATIVE
CENTRAL INFORMATION CENTRE:
II
As our township grows, it becomes more crucial that we develop a
system of communication between our residents that is efficient and
cost effective. A bi-yearly information brochure will be published
that will focus on the following information:
a listing of community special interest groups, contact names
and numbers;
a listing of special events taking place in the township;
a listing of local businesses;
details of township programmes, including those offered by
Parks and Recreation and the "Old Town Hall Co-operative";
advertising of area businesses.
CO-OPERATIVE RETAIL LOCATION:
The Township of Oro-Medonte is home to many gifted artists and
artisans. By offering the rental of co-operative space the sale of
their work in an efficient and cost effective manner will be
facilitated, and by so doing, providing the following benefits:
increase revenue for area artists and artisans;
increase revenue from cultural/Tourism related businesses
already established in the community, i.e. partnering with
Horseshoe Resort for weekend "tour" packages, offering bus
tour packages, etc.;
raise awareness of the vast talent inherent in our community
and encourage its development;
generate "working" revenue for the Old Town Hall Co-operative,
which will be a self-sustaining organization.
LEARNING AND DEVELOPMENT CENTRE:
Residents of Oro-Medonte choose to live in this community for the
quality of life that a "rural" setting offers. The local residents
are people concerned not only with our own well being but with that
of our children. The Learning & Development courses offered by the
"Old Town Hall Co-operative" would focus and expand on cultural,
environmental and personal wellness.
7
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APPENDIX A (Cont'd.)
VOLUNTEER TRAINING FACILITY:
There is an ever-increasing need in the township for trained
volunteers. It is the intention of the "Old Town Hall Co-
operative" to offer a program for the recruitment and training of
volunteers and the management of those volunteers by the community
groups that utilize them. This programme would focus on existing
"volunteer" organizations as well as the development of a strong
"youth" programme.
8
STEVENSON""
USOME
, '[f\rStJRANCE
GROKERS Li~v1!TED
20 OWEN STREET. BOX 1179, BARRIE, ONTARIO l4M 5E2 TELEPHONE: (705) 726-3333 FAX: (705) 737-5307
8131 YONGE STREET, THORNHill, ONTARIO l3T 2C6 TELEPHONE: (905) 881-4770 FAX: (905) 881-4771
Mar-ch 4. 1996
The Old Town Hall.
_'/ Debbie Str-lnger-~
. 4.
" Ontar-io.
L.OL. 2XO.
Dear- Debbie:
Please be advised we have bound cover-age thr-ough Economical
Insur-ance Company effective Mar-ch 4th, 1996 to Mar-ch 4th.
i'T1utua I
1997.
The policy shall cover- as follows:
$ ~50, 000.00
Cover-ing on Contents for- "f~ll Hiskli. Heplacement
Cost and subject to $500.00 dedeuctible;
:'f. 2 , 000 . 00
Inside and Outside Holdup Cover-age;
$ 100,000.00
Tenant's L.egal L.iability cover-age;
$1,000,000.00
Commercial Gener-al Liability Cover-age.
The annual pr-emium for- the above will amount to $750.00 plus 8% tax
of $60.00 for- a total of $810.00.
YOUt-.s t.r-uly,
~J,
D()r-een Denney
REGISTERED INS. BROKER
.
Your Insurance Broker
UmJerstands
960304 111