... '~i~... Comi:nJ{t$~'!d'f"{l~e Wh6Je,"M0ti0n 41 Meeting No. 11, 1993 Meeting No. 26, 1993

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1 .... '~i~... Comi:nJ{t$~'!d'f"{l~e Wh6Je,"M0ti0n 41 Meeting No. 11, 1993 Meeting No. 26, 1993 BY-LAW NO A BY-LAW TO AUTHORIZE THE EXECUTION OF A SIDEWALK PATIO LEASE AGREEMENT FOR THE OPERATION OF A SIDEWALK PATIO FOR DON CHERRY'S BAGOT STREET PASSED: August 10, 1993 enacts as follows: The Council of The Corporation of the City of Kingston hereby 1. Pursuant to Section 308(3 of the Municipal Act, R.S.O. 1990, c. M.45, the Agreement between The Corporation of the City of Kingston and Don Cherry's for a sidewalk patio lease at 303 Bagot Street, in the City of Kingston is hereby authorized and confirmed. The Mayor and City Clerk are hereby authorized to sign the said Agreement on behalf of The Corporation, which Agreement is attached hereto as Schedule "A" to this By-Law. This By-Law shall come into force and take effect on the date of its passing. GIVEN ALL THREE READINGS AND PASSED August 10, 1993 CITY CLERK c~-,,~-c MAYOR

2 SCHEDULE "A" TO BY.LAW NO~ 93~268 Committee of the Whole, Motion 4, City Council Meeting No. 11, 1993 THIS AGREEMENT made the 13th day of April, 1993; BETWEEN: THE CORPORATION OF THE CITY OF KINGSTON Hereinafter called the "Lessor" / - and - OF THE FIRST PART AUNT LUCY'S RESTAURANTS LTD., carrying on business as DON CHERRY'S GRAPEVINE Hereinafter called the "Lessee" OF!THE SECOND PART WHEREAS the City Council of the Corporation of the City of Kingston has passed By-Law No , permitting the Lessee to maintain and use the sidewalk along the frontage of 303 Bagot Street, in the City of Kingston, for a sidewalk patio, conditional upon the Lessee entering into an Agreement with the Lessor on the following terms and conditions agreed to by the Lessee and the Lessor; AND WHEREAS it is necessary to enter into an Agreement to conform with the guidelines established by City Council; WITNESSETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee, the Lessor doth demise and permit the use by the Lessee of the said sidewalk; 1. The Lessee shall be permitted to use the sidewalk in front of the premises known municipally as 303 Bagot Street for the purpose of a sidewalk patio upon the payment of the sum of NINETEEN DOLLARS ($19.07 DOLLARS AND SEVEN CENTS per square metre per year, for a total of 42 square metres, being a total of EIGHT HUNDRED AND ONE DOLLARS ($ AND FOUR CENTS, plus Goods and Service Tax, for the 1993 patio season, which amount shall be automatically adjusted annually by the Consumer Price Index, and which payment shall be made prior to the use of the sidewalk in question. 2. The Lessee shall compensate the Lessor at the base maximum rate for the year 1993 of ONE HUNDRED AND TEN DOLLARS ($110.75AND... cont'd.

3 -2- SEVENTY-FIVE CENTS per month per parking meter displaced, for a total of three (3 meters, being THREE HUNDRED AND THIRTY-TWO DOLLARS ($ AND TWENTY-FIVE CENTS per month, payable at the same time as the rent herein. This amount shall be adjusted annually by the Consumer Price Index. Any labour or material costs incurred by the Lessor in terms of both removal or re-installation of the meter(s shall be the responsibility of the Lessee. 3. The term of this Agreement shall be from the second Friday in April, 1993, to October 31, 1993, and may continue as a Licence in the future from the second Friday in April to the 31st day of October, inclusive, in the following years, subject to the rental being adjusted in accordance with City policy for said use, to the satisfaction of the City provided that the Lessor or the Lessee does not give THIRTY (30 days notice to terminate9 4. The Lease shall not be transferable and shall be applicable only in respect of the area shown in the plan attached to this Lease as Schedule "A". 5. The Lessee agrees to maintain the leased area and to perform any construction on the leased area at the Lessee's expense to the satisfaction of the Lessor, specifically in accordance with the provisions of the application and the plan approved by City Council and appended to this lease. 6. The leased area, including any tables, stands, booths, structures, shall be kept in a neat and clean condition at all times by the Lessee and the Lessee shall prevent, where possible, the throwing of litter on the leased area or adjacent properties or street. The Lessee agrees that the patio area and abutting premises shall be maintained by the Lessee so that they receive a daily washing for each day or evening of operation. 7. The Lessee warrants that both the owner and the tenant of the shop or store abutting the leased sidewalk area have been given the first opportunity to lease the space. 8. The Lessee warrants that in the event that the leased area is leased by the abutting store or shop owner, both the owner and tenant of the shop or store have concurred in this Lease. 9. In the event that the Lessee is not the owner or tenant of the abutting store or shop, the Lessee warrants that the consent of the abutting store or shop owner and Lessee have been obtained to this lease. 10. The Lessee agrees that the leased area shall be used or occupied in accordance with the approved plan within THIRTY (30 days of the date of the Lease Agreement, failing which the Lease shall terminate. 9 cont'd.

4 The Lease shall also terminate in the event that the leased area is not used for the purpose proposed subsequently for a period of FIFTEEN (15 consecutive days. 12. The Lessee agrees that all displays, tables, booths and signs shall be located on the area closest to the building, as approved on the plan attached to this Lease. In any event, the Lessee covenants and agrees that the fullest possible free and clear pedestrian movement shall be provided, particularly in the area immediately in the front of existing shops and stores. 13. The Lease agrees that the plan attached to this Lease shall provide for accessibility by the physically disabled, the convenience and safety of patrons and general pedestrians and for safety for vehicular traffic in the vicinity. 14. The Lessee agrees that the use of the leased space shall not be conducted in a noisy manner such as would interfere with other businesses and residents in the area or interfere with or obstruct pedestrians. Without restricting the above, the Lessee covenants and agrees to conform with the City of Kingston Noise By-Law No and Streets By-Law No. 10, failing which the licence is subject to review and cancellation. 15. The Lessee agrees to provide an endorsement for public liability insurance and to indemnify and save harmless the City of Kingston in respect of any claim, action or suit that might arise as a result of this Lease and the use of the City property. 16. The Lessee agrees that any construction work undertaken shall be in accordance with the plan attached as Schedule "A" hereto, and shall be in accordance with The Ontario Building Code and to obtain a Building Permit where applicable. 17. The Lessee agrees during the term of the Lease to comply with all by-laws and statutes, including zoning. 18. Where the proposed use of the leased sidewalk area is for a licenced patio cafe, the Lessee agrees that the regulations prescribed by the Liquor Licence Control Board of Ontario with respect to design and capacity shall be adhered to unless otherwise stipulated by the Lessor. 19. Where the proposed use of the leased sidewalk area is fora licenced patio cafe, the Lessee agrees that the regulations prescribed by the Liquor Licence Control Board of Ontario with respect to hours of closing shall be adhered to unless otherwise stipulated by the Lessor. 20. The Lessor shall enforce the revocation of this sidewalk patio lease agreement after any breach of the Liquor License laws of Ontario. 9 cont'd.

5 The Lessee agrees that any displays or encumbrances on the City property shall be removed no later than October 31, in each and that at all times when the patio is not in operation during the period November 1st to the second Thursday in April inclusive, the sidewalk is required to be cleared so that snow removal operations are not impeded in any way. 22. The Lessee agrees with the Lessor that the Lessor may terminate this Lease based upon the following procedure: The Lessee shall be given SEVEN (7 days notice of failure to comply with the terms of this lease. Failing correction or subsequent breach of this Lease on the same terms, the Lessor may forthwith terminate this Agreement9 23. The Lessor may terminate this Lease on FIFTEEN (15 days notice in the event that the property is required for any municipal purpose. 24. The Lessee agrees not to encumber the sidewalk surrounding the leased area in any way and specifically not to permit the placement of "sandwich board" signs, planters or any extraneous advertising objects on the sidewalks or allow bicycles to be affixed to or lean against the patio fence. 25. The Lessee agrees to maintain the patio in the manner of the approved plan and shall, in particular, maintain the patio fence and paint such fence, especially the top rail, as well as the top surface of the curb along the widened sidewalk around the patio so as to provide greater visibility, all to be done in a manner satisfactory to the City's Engineering Department. 26. All plans submitted for the sidewalk patio shall adhere to the diagrams included in the Design Guidelines for Outdoor Patios, attached as Schedule "D" to By-Law of the Corporatl~tion of the City of Kingston. 27. The Lessee agrees not to place or permit to be placed posters on P.U.C. poles or light standards or in any other manner contrary to the provisions of By-Law No. 10 of the Corporation of the City of Kingston. 28. The Lessee shall comply with the City's regulations for accessibility as provided for in By-Law No IN WITNESS WHEREOF t parties hereto have hereunto affixed their Corporate Seals as duly attested to by the hands of their proper signing officers in that behalf. 9.. cont'd.

6 -5- SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE CITY OF KINGSTON Per: MAYOR " - ~ CITY CLERK AUNT LUCY'S RESTAURANTS LTD., carrying on business as DON CHERRY'S GRAPEVINE Per,:,.//;" /~"

8 DATED: APRIL 13, 1993 BETWEEN: THE CORPORATION OF THE CITY OF KINGSTON - and - AUNT LUCY'S RESTAURANTS LTD., carrying on business as DON CHERRY'S GRAPEVINE SIDEWALK LEASE AGREEMENT NORMAN C. JACKSON City Solicitor 216 Ontario Street Kingston, Ontario K7L 2Z3

9 BY-LAW NO A BY-LAW TO AUTHORIZE THE EXECUTION OF A SIDEWALK PATIO LEASE AGREEMENT FOR THE OPERATION OF A SIDEWALK PATIO FOR DON CHERRY'S BAGOT.STREET NORM~ C. JACKSON City Solicitor

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