THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA
BY-LAW NUMBER 43-2007
Being a By-Law to Authorize the Mayor and Clerk
to Sign a Tenancy Lease Agreement With Cynthia Porter
WHEREAS the Town deems it necessary to enter into a tenancy lease agreement with Cynthia Porter for the operation of a food vending business to be located at 543 Brown Street, otherwise known as the Bluewater Park Ball Diamond booth;
AND WHEREAS the agreement is to be signed by the Mayor and Clerk and forwarded to Cynthia Porter for her signature.
NOW THEREFORE THE CORPORATION OF THE TOWN OF SOUTH BRUCE
PENINSULA ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to sign the tenancy lease agreement with Cynthia Porter for the period beginning May 18, 2007 and ending September 30, 2007.
READ a FIRST and SECOND time this 28th day of MAY, 2007.
______MAYOR
______CLERK
READ a THIRD time and FINALLY PASSED this 28th day of MAY, 2007.
______MAYOR
______CLERK
TENANCY LEASE AGREEMENT
made in duplicate this 28th day of May, 2007
BETWEEN:
CYNTHIA PORTER
hereinafter called Mrs. Porter of the first part
-and-
THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA
hereinafter called the town of the second part
WHEREAS the town is the owner of the premises known as 543 Brown Street, formerly in the Town of Wiarton, now the Town of South Bruce Peninsula, County of Bruce.
AND WHEREAS the town has agreed to allow Mrs. Porter to operate a food vending business at 543 Brown Street; more particularly described as the Bluewater Park Ball Diamond booth.
WITNESSETH that the party of the first part and the party of the second part hereby acknowledges and agrees as follows:
1. The lease period shall be May 18, 2007 to September 30, 2007.
2. Compensation to the town shall be made by Mrs. Porter in the amount of $500.00 payable by May 18, 2007.
3. Pursuant to an agreement between the town and Carrie Liverance, operating as Coal Shed Willies from the location known as 402 William St, Bluewater Park, the town agreed not to allow vendors with competing merchandise to operate within the limits of Bluewater Park. Mrs. Porter has obtained express permission from Mrs. Liverance to allow for the sale of conflicting food items. This permission is attached as schedule A to this agreement.
4. Mrs. Porter agrees that there will be no provision of water services. Electrical services are limited to the current power services on the premises. Additional fees will be charged by the Town if freezers are used by the lessee.
5. Mrs. Porter agrees that there will be no renovation or preparation of the premises by the town to facilitate her lease or operations at the premises.
6. The town reserves the right to access the premises without notice. Right to access shall also be granted to members of the Wiarton Minor Ball Association as required.
7. During the term of this lease Mrs. Porter shall carry insurance in her own name insuring against the risk of damage to her property within the premises caused by fire or other perils.
8. Mrs. Porter shall carry public liability and property damage insurance in which policy the town shall be a named insured and the policy shall include a cross-liability endorsement; and the town shall be provided with a copy of said insurance policy.
9. Mrs. Porter covenants to keep the town indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use or occupancy of the premises or the subletting or assignment of same or any part thereof; and Mrs. Porter further covenants to indemnify the town with respect to any encumbrance on or damage to the premises occasioned by or arising from the act, default, or negligence of Mrs. Porter, her officers, agents, servants, employees, contractors, customers, invitees or licensees; and Mrs. Porter agrees that the foregoing indemnity shall survive the termination of this lease notwithstanding any provisions of this lease to the contrary.
10. If the premises is damaged or destruction renders the premises unfit for occupancy, the term of this lease agreement shall immediately cease and a negotiation of refund of rent paid shall be undertaken.
11. This agreement shall come into force and effect and be binding upon the signing thereof.
DATED at the Town of South Bruce Peninsula, Ontario, this day of , 2007.
IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals.
SIGNED, SEALED and DELIVERED )
In the presence of: )
) ______
) Cynthia Porter
)
______)
as to the signature of Cynthia Porter )
) THE CORPORATION OF THE TOWN OF
) SOUTH BRUCE PENINSULA
)
)
) ______
) Gwen Gilbert, Mayor
)
)
) ______
) William E. Johnston, Clerk