3907 To authorize a Lease Agreement between the Town and TIllsonburg Skate Shop (Michael Pappiaoannou)/
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3907
A BY -LAW to Authorize a Lease Agreement between the Corporation of the Town of
Tillsonburg and the Tillsonburg Skate Shop/Michael Pappiaoannou.
WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an lease
agreement with the Tillsonburg Skate Shop/Michael Pappiaoannou for the Skate Shop at the
Tillsonburg Community Centre for a term beginning September 1, 2015 and expiring on May 31,
2019 subject to the terms and conditions contained within the lease agreement;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the Lease Agreement attached hereto forms part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf
of the Corporation of the Town of Tillsonburg.
This by-law shall come into force and take effect immediately after the final passing hereof.
READ A FIRST AND SECOND TIME THIS 27th DAY OF APRIL, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 2~ DAY OF APRIL, 2015.
--
LERK-Donna Wilson
THIS AGREEMENT made in duplicate this 22"• day of April, 2015.
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG,
Hereinafter called the Lessor, of the First Part,
-and-
Michael Papaioannou as Tillson burg Skate Shop,
Hereinafter called the Lessee, of the Second Part,
AND WHEREAS the Lessor owns the Tillsonburg Community Centre,
AND WHEREAS the Lessor is desirous of renting the skate sharpening room to a qualified operator to
provide skate sharpening services to the users of the Tillsonburg Community Centre;
NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreement hereinafter
set out, hereby agree as follows:
1. DEFINITIONS
a. "Skate Shop" shall mean the Skate Sharpening Shop to which this Agreement applies.
b. "Facility" shall mean the Tillsonburg Community Centre in its entirety.
2. RIGHT TO PROVIDE SKATE SHARPENING SERVICES
The Lessor grants to the Lessee exclusive rights to sell skate sharpening services within the facility in this
Agreement.
3. LEASE TERM
The Lease Term is effective beginning August 31, 2015 and ending May 1, 2019, unless terminated under
the provisions of Paragraphs 26, 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 May 1,
2019. 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.
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4. RENT
The lessor agrees to pay the rent as submitted in the Request for Pricing process as outlined below:
5. UTILITY COSTS
The utility costs are built within the monthly rent payment.
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 is left in a condition
satisfactory to the lessor. The deposit will be refunded to the lessee after the final year upon
satisfactory inspection of the building or upon termination of the Contract.
7. 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 Skate
Sharpening Shop 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
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statements, and shall produce these records for inspection when requested by authorized
representatives.
8. HOURS OF OPERATION
The Lessee will operate the Skate Shop within the normal hours of operation of the TIIIsonburg
Community Centre.
Hours of operation of the Skate Shop are to be posted in locations deemed appropriate by the
TIIIsonburg Community Centre Administration.
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.
It will be up to the Skate Shop operator to determine if she/he wishes to remain open for longer hours
and/or days that what is posted. The Skate Shop operator shall work closely with the Tillsonburg
Community Centre Administrator on promotion, marketing and all aspects of Skate Shop operations.
9. HOUSEKEEPING
The Lessee will be responsible for the normal housekeeping (cleaning and sanitizing) of those areas
affected by the operation of the Skate Shop. Due diligence is the responsibility of the Lessee.
10. WASTE REMOVAL
The Lessee will be responsible for the coordination and costs associated with waste removal including
recycling, etc.
11. TELEPHONE
The Lessee may install a business line and point of sale machine at his/her expense.
12. WALLS
Walls are for Tillson burg Community Centre usage. No advertising or paraphernalia are to be put on
walls or hung from ceiling without approval by the Tillson bug Community Centre Administration, in their
sole and absolution discretion.
13. FACILITY CHANGES
No changes, installation of signage, renovations or capital improvement shall be made by the Lessee to
the building without the written consent of the Lessor.
14. OTHER BUSINESSES
No other businesses are to be operated in conjunction with the Skate Shop without prior approval by
the Lessor in their sole and absolute discretion
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15. 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
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.
16. 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.
17. W.H.M.I.S REQUIREMENTS
The Lessee must supply a supplier label and appropriate Materiel 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 an operation of the Skate Shop. 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.
18. 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.
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The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30}
days prior written notice to the Lessor.
19. 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.
20. 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.
21. 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.
22. 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.
23. TOWN NOT EMPLOYER
The Lessee agrees that the Corporation ofthe Town of Tillson burg are not to be understood as the
employer to any successful Skate Shop operator nor to such Skate Shop operators personnel or staff for
any work, service, or supply of any products or materials that may be part of this contract.
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24. 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 "Skate Shop Agreement" is not to be
deemed as reason for provision of preferential treatment to the Lessee in his/her use of the Tillson burg
Community Centre, 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 TIIIsonburg Community Centre. The Lessor will give
equal consideration to all public users of the facility including the Lessee.
2S. CHARACTER AND EMPLOYMENT OF WORKERS
The Lessee shall employ only orderly, competent and skillful workers to ensure that the Skate Shop
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 Skate Shop.
26. 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 taken 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 monies outstanding shall be
payable to the Lessor within thirty (30) days from termination.
27. INTERPRETATION
The terms and provisions of the Agreement shall be in accordance with the laws of the Province of
Ontario.
28. 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.
29. ACCESS
The Lessee agrees to supply the Lessor with a key holder list for the Skate Shop to be used in the
instance where access is needed into the Skate Shop for maintenance or emergency purposes.
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IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.
SIGNED, SEALED AND
DELIVERED in the
Presence of THE CORPORATION OF THE
TOWN OF TILLSONBURG ~ .L--~.z7LY_r
/ STEPHEN MOLNAR
MAYOR DATE
DONNA WILSON
CLERK DATE
THE LESSEE:
NAME~ DATE
I have the authority to bind the corporation
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