Loading...
3715 Schedule "A" - Lease Agreement - Dana & Jessica VanDyk operation as SkyWalk CafeTHIS AGREEMENT made in quadruplicate this 8th day of March, 2013. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG, hereinafter called the Lessor, of the First Part, -and- Dana VanDyk and Jessica VanDyk operating as SkyWay Cafe, hereinafter called the Lessee, of the Second Part, AND WHEREAS the Lessor owns the Tillsonburg Regional Airport, including the Air Terminal Building, AND WHEREAS the Lessor is desirous of renting the kitchen facilities and adjacent sitting area in the air terminal building to a qualified operator to provide food services to the users of the Tillsonburg Regional Airport; NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter set out, hereby agree as follows: 1. DEFINITIONS a. "Cafe Premises" shall mean the Tillsonburg Regional Airport Kitchen and seating area to which this Agreement applies. b. "Facility" shall mean the Air Terminal Building in its entirety. c. "Food Services" shall mean all food and food related products and non-alcoholic beverages required to provide the cafe service within the Cafe Premises. 2. RIGHT TO SELL FOOD AT CAFE PREMISES The Lessor grants to the Lessee exclusive rights to sell food and non-alcoholic beverages within the Cafe as outlined in this Agreement. Items to be sold shall be limited to food products. Notwithstanding above, the Lessor reserves the right to provide their own catering for private events from time to time. 3. LEASE TERM The Lease Term is effective beginning April1, 2013 and ending March 31, 2016, unless terminated under the provisions of Paragraphs 29 or 30, as applicable. The Lease Term can be extended for an additional one (1) year, subject to approval by the Lessor in their sole and absolute discretion, upon receipt by the Lessor of written notice thirty (30) days prior to March 31, 2016. If accepted by the Lessor within forty-five days, the same rates and terms shall apply except that the contract shall be amended to extend the termination date. 1 4. RENT The Lessor agrees that no rent is payable. It is understood that this rate has been established to encourage the start-up operations of a cafe/restaurant at the airport. 5. UTILITY COSTS The Lessee agrees to pay $100 per month as their portion of the utility costs. 6. SECURITY DEPOSIT The Lessee shall, at the time of signing the Contract, deposit the sum of Two Hundred & Fifty Dollars ($250.00) in cash or certified cheque with the Lessor to ensure that the building and equipment are left in a condition satisfactory to the Lessor. The deposit will be refunded to the Lessee after the initial year upon satisfactory inspection of the building and equipment or upon termination or expiration of the Contract. FINANCIAL TERMS The security deposit is due upon execution of the lease agreement. The Lessor shall not be responsible to cover any operational losses, in whole or in part, at any time during the Agreement regardless of any circumstances that may arise in the operation of the Cafe Premises. The Lessee shall also keep such other records as are necessary to perform its duties efficiently and in accordance with the laws of Canada and the Province of Ontario, including daily and annual revenue statements, and shall produce these records for inspection when requested by authorized representatives. 7. HOURS OF OPERATION The Lessee will operate the food service with the Cafe Premises and will be required to maintain minimum hours of operations as follows: • Saturday from 8 AM-2 PM* • Sunday from 8 AM-2 PM* Operations on statutory holidays shall be by mutual consent between the Lessor and Lessee determined not less than twenty-four (24) hours in advance of the holiday. * Minimum hours and days of operation. It would be up to the Cafe operator to determine if she/he wishes to remain open for longer hours and/or days. The Cafe operator shall work closely with the Airport Administrator on promotion, marketing and all aspects of Cafe operations. 2 It would be up to the Cafe operator to determine if she/he wishes to remain open for longer hours and/or days. The Cafe operator shall work closely with the Airport Administrator on promotion, marketing and all aspects of Cafe operations. Hours of operation ofthe Cafe are to be posted in locations deemed appropriate by the Airport Administrator. 9. FACILITIES INVENTORY The lease agreement for the kitchen includes the items listed in Schedule A attached to this agreement. Prior to the beginning of the contract or first date of operations, the Lessor and the Lessee shall perform a joint facilities inventory to determine: • • The operating condition of all capital equipment; and, The condition of the premises including all surfaces; Photos to be attached. In no event shall either party remove, without the written permission of the authorized representative(s) of either party, any capital or major equipment or facilities. It is the responsibility of the Lessee to notify the Lessor immediately if any of the equipment becomes non-functioning or a safety hazard. 10. MAINTENANCE & CARE OF KITCHEN EQUIPMENT The cost of normal maintenance and care of kitchen equipment will be the responsibility of the landlord unless due to negligence on the part of the Lessee. Notwithstanding above, the Lessee agrees to maintain the commercial cooking equipment exhaust and fire protection systems in conformance with NFPA 96 including costs associated with any inspections if required. 11. HOUSEKEEPING The lessee will be responsible for the normal housekeeping (cleaning and sanitizing) of those areas affected by the operation of the cafe/restaurant; including the kitchen, dining area, any areas rented for banquets, and all walls associated with each. Restaurant cleanliness shall meet Oxford County Public Health Unit standards. Due diligence is the responsibility of the lessee. 12. WASTE REMOVAL The lessee will be responsible for the coordination and costs associated with waste removal including tipping fees, cooking oil removal, recycling, etc. 3 13. TELEPHONE The lessee may install a business line and point of sale machine at his/her expense. An existing system has been installed in terminal and any connections will be made through this system. The Airport telephone is for airport usage with only limited usage allowed. 14. WALLS Walls are for airport usage. No advertising or paraphernalia are to be put on walls or hung from ceiling without approval by the Airport Administrator, in their sole and absolute discretion. 15. FACILITY CHANGES No changes, installation of sign age, renovations or capital improvements shall be made by the Lessee to the equipment, building or food service operation without the written consent of the Lessor. The Lessor agrees to purchase a food preparation workstation, subject to Council approval at that time, upon thirty {30} days notice of the requirement by the Lessee and only after sixty {60} days of operation. 16. TERMINAL RENTALS Due to the nature of the facility, it is necessary that the boardroom and/or common area be used by the Lessor for a variety of functions. These functions may take place during or after the restaurant hours of operation. Airport management will provide notice of any functions and opportunities for catering. All Lessee special event rentals must be coordinated in conjunction with the airport administrator and are subject to fees in accordance with the current Rates and Fees bylaw of municipality. 17. OTHER BUSINESSES No other businesses are to be operated in conjunction with the restaurant without prior approval by the Lessor in their sole and absolute discretion. 18. REGULATION COMPLIANCE AND LEGISLATION The Lessee shall ensure all services and products provided in respect to this Contract are in accordance with and under authorization of all applicable authorities (Municipal, Provincial and Federal); including but not limited to: • • • • The Occupational Health and Safety Act and its regulations The Workplace Safety & Insurance Act The Environmental Protection Act (Ontario) and its Regulations The Ontario Fire Protection & Prevention Act 4 The Lessor reserves the right to request authentic copies from the Lessee of any documentation relevant to the aforementioned compliance requirements. Failure to provide may result in the termination of the lease. 19. WORKPLACE SAFETY AND INSURANCE BOARD (WSIB) The Lessee shall be required to supply a Certificate from the Workplace Safety and Insurance Board prior to the start of the contract and upon fourteen (14) days notice, if requested in writing, during the life of the contract. The Certificate shall indicate that all of the assessments the Contractor or any Subcontractor is liable to pay under the Worker's Safety Insurance Board Act or successor legislation have been paid and that they are in good standing with the Board. 20. W.H.M.I.S. REQUIREMENTS The Lessee must supply a supplier label and appropriate Material Safety Data Sheet under the W.H.M.I.S. legislation and Hazardous Material Protection Act for all controlled products to be used in conjunction with the lease and operation of the concession. Any controlled goods supplied without appropriate data sheet and proper labeling will not be allowed on site and will be immediately removed by the Lessee from the premises. 21. INSURANCE The Lessee will maintain and pay for Commercial General Liability Insurance, which coverage shall include premises and all operations to be performed by the Lessee, his/her employees, and/or agents. This insurance coverage shall be subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for any one occurrence. The policy shall include The Corporation of the Town of Tillsonburg as an additional insured in respect of all operations performed by or on behalf of the Lessee. The Lessee shall be entirely responsible for the cost of any deductible. The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the Lessor. 22. LOSS OR DAMAGES It is the Lessee's responsibility to maintain appropriate controls over the storage and safekeeping of property belonging to the Lessee and/or their staff; including, but not limited to, all inventory and monies maintained on the premises. The Lessor will not be liable for any loss or damage to the Lessee's property stored on the premises, for any reason. The Lessee shall also indemnify and save harmless the Lessor from and against all claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted by, or attributed to any such damages, injury or infringement as a result of activities under this Contract. 5 23. DAMAGE CLAIMS The Lessee shall be responsible for all damages caused by it, its employees, agents, any workers or persons employed by it, or under its control, or arising from the execution of the Work, or by reason of the existence, location, or condition of Work, or of any materials, plant or machinery used thereon or therein, or goods supplied in execution of the Contract, or which may happen by reason of their failure or the failure of those for whom they are responsible, to do or perform any or all of the several acts or things required to be done by them under the Contract. 24. INDEMNIFICATION The Lessee shall indemnify and save harmless the Lessor from and against all claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted by, or attributed to any such damages, injury or infringement as a result of activities under this Contract. 25. EMERGENCY TELEPHONE NUMBER The Lessee shall provide the Lessor with the name(s) and telephone number(s) of his/her representative(s) who can be contacted on a 24-hour basis in case of an emergency during the term of the Contract. 26. TOWN NOT EMPLOYER The Lessee agrees that the Corporation of the Town ofTillsonburg or the Tillsonburg Regional Airport are not to be understood as the employer to any successful Cafe operator nor to such Cafe operators personnel or staff for any work, services, or supply of any products or materials that may be part of this contract. 27. NON-TRANSFERRABLE This contract is not assignable, in whole or in part, except by written permission provided by the Town of Tillsonburg in their sole and absolute discretion. Execution of the "Kitchen Rental Agreement" is not to be deemed as reason for provision of preferential treatment to the lessee in his/her use of the airport, nor is there to be any inference, that the Lessor is under an obligation to enter into any other agreements with the Lessee related to the airport. The Lessor will give equal consideration to all public users of the facility including the Lessee. 28. CHARACTER AND EMPLOYMENT OF WORKERS The Lessee shall employ only orderly, competent and skillful workers to ensure that the Cafe operations are carried out in a professional manner. In the event that any person employed by the Lessee in connection with the work arising out of this Contract gives, in the opinion of the Lessor, just cause for complaint, the Lessee upon notification by the Lessor in writing shall not permit such person to continue in any future work in conjunction with the Airport Terminal Cafe. 6 29. TERMINATION OF THE CONTRACT FOR CAUSE In the event of any material default in this agreement by the Lessee that is within the reasonable control of the Lessee, the Lessor shall have the right to provide written notice of such default and demand that the deficiency of program be rectified within five (5) working days or such longer period as may be agreed upon by the Lessor. If the said default is not rectified or steps are not take to rectify the situation according to the agreed upon plan, the Lessor shall be entitled to issue a written notice of termination for cause with no less than thirty (30) days notice and all commissions outstanding shall be payable to the Lessor within thirty (30) days from termination. The Lessor may immediately terminate the Agreement if the County of Oxford Board of Health notifies the Lessor that: • The bacterial content of the food fails to meet public health standards; or, • The method for preparing, packaging, storing or shipping food is deemed unsatisfactory in meeting public health standards; or, • Any other condition exists that, in the opinion ofthe County of Oxford Board of Health, results in food being deemed unfit for human consumption. If the Agreement is terminated immediately, all outstanding monies shall be payable to the Lessor within ten (10) business days following termination. 30. TERMINATION FOR CONVENIENCE This agreement can be terminated by either party after twelve (12) months by giving notice, in writing, sixty (60) days prior to the termination date or the expiration of the lease term. If this clause is invoked, all outstanding monies shall be payable within thirty (30) days of termination. 31. INTERPRETATION The terms and provisions of the Agreement shall be in accordance with the laws of the Province of Ontario. 32. FORCE MAJEURE Neither party shall be held liable for non-performance or damages if caused by events of Force Majeure, which, without limiting the generality thereof, includes fires, floods, unusually severe weather or Acts of God, and are beyond the reasonable control of a party, provided same shall not apply to delay or excuse any financial obligation. 7 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. SIGNED, SEALED AND DELIVERED in the THE CORPORATION OF THE TOWN OF TILLSON BURG JOHNcz;_c# MAYOR DATE ~ :::UI /{3 I DONNA WILSON CLERK DATE THE LESSEE(S): OWNER 10;:7t:r bind the corporation mo I' /0 /3 CJs~ICAVA~;/' DATE I OWNER I have the authority to bind the corporation 8 APPENDIX A-CAFE INVENTORY: Updated March 25, 2013 S/S= Stainless Steel 2013 INVENTORY 2012 INVENTORY DESCRIPTION NOTES Same 1 KEURIG COFFEE MAKER Same 1 BLACK AND DECKER TOASTER Same 1 WHIRLPOOL GOLD FRIDGE W/BOTIOM FREEZER Same 1 MOYER DIEBEL DISHWASHER Same 1 WHIRLPOOL 5 BURNER STOVE Not used, will be sold. Same 1 GARLAND GRILL/OVEN Same 1 PANASONIC S/S MICROWAVE Same 1 WESTBEND 32 CUP COFFEE PERCOLATOR 0 1 BETIY CROCKER WATER KETILE Same 1 SUNBEAM 10 CUP COFFEE MAKER Same 1 BLACK AND DECKER TOASTER OVEN Same 1 S/S PAPER TOWEL HOLDER Same 2 S/S MIXING BOWLS Same 1 S/S STRAINER Same 1 PLASTIC MEASURING CUP Same 1 BRA VETil PRO CROCKPOT Same 2 SERVING TRAYS Same 1 GREY DISH TOTE Same 1 PLASTIC EYE WASH STATION Sam e 2 PLASTIC FOOD CONTAINERS Same 1 BLACK AND DECKER GRIDDLE DINNER & BREAD PLATES -72 DINNER PLATES 26 WHITE CERAMIC DINNER PLATES 48 WHITE HARD PLASTIC DINNER PLATES -72 BREAD PLATES 13 WHITE CERAMIC BREAD PLATES 46 WHITE HARD PLASTIC BREAD PLATES DRINKING CUPS & SAUCERS 9 24 WHITE COFFEE MUGS 0 10 AIRPORT COFFEE MUGS 47 36 PALM CHINA CUPS 7 OUNCE 72 36 PALM CHINA SAUCER 5 W' 9 36 36 GIBRALTAR 8 OUNCE GLASSES BOWLS 8 24 CHill/SOUP BOWLS 18 LARGE GLASS SOUP BOWLS 48 SETS KNIVES-FORKS-SPOONS-COFFEE SPOONS 40 TEASPOONS 63 KNIVES 53 FORKS 17 SOUP SPOONS 2013 INVENTORY 2012 INVENTORY DESCRIPTION NOTES Same 1 BLOCK OF HENCKELS KNIVES-6 KNIVES AND 1 PAIR OF SCISSORS Same 3 VARIOUS SIZES CUTIING BOARDS Same 12 VARIOUS HAND TOWELS AND COUNTER RAGS Same 4 WHITE APRONS Same 2 VINEGAR DISPENSERS 4 GLASS COFFEE POTS FOR PERCULATOR MACHINE 1 PROCTOR SILEX WATER KETILE 1 PLASTIC JUICE/WATER PITCHER 0 12 WHITE PIE PLATES Same 1 PROVEN MITIS Same CAN OPENER Same VARIOUS PLASTIC AND WOODEN SPOONS/UTENSILS Same 4 KITCHEN AID POTS VARIOUS SIZES Same 2 LAGOSTINA FRYING PANS Same 1 KITCHEN AID FRYING PAN Same 1 STOCK POT DISPENSERS Same 3 NAPKIN DISPENSERS 13 20 PLASTIC SUGAR CONTAINERS 17 16 GLASS SALT & PEPPER SHAKERS 10 Same 7 S/S SINGLE SERVE TEA POTS 0 GLASS SYRUP CONTAINER 1 OVEN COOKING TRAY 1 POACHED EGG PAN 1 GLOBAL S/S DEEP FRYER 0 ICING SUGAR CONTAINER/SPRINKLER 0 SEASONING CONTAINER/SPRINKLER 0 OIL LADLE 1 GRILL SPATULA 1 GRILL SCRAPER 1 S/S OIL CONTAINER 1 MARGARINE CONTAINER 0 BUTIER SPREADER 1 GRILL SCRUBBER 1 100 cup WESTBEND COFFEE PERCOLATOR 11 12 13 14 15