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HomeMy WebLinkAboutCAO-12-028 - Lease for Victoria Park Lake BoathouseKITC~HENEI~ Staff Repari~ CAO's d ice www.kitchenerca REPORT TO: Committee of the Whole DATE OF MEETING: June 11, 2012 SUBMITTED BY: Jeff Willmer, CAO PREPARED BY: Rod Regier, Executive Director of Economic Development ext. 2506 WARD(S) INVOLVED: 9 DATE OF REPORT: June 7, 2012 REPORT NO.: CAO-12- 028 SUBJECT: LEASE FOR THE VICTORIA PARK LAKE BOATHOUSE RECOMMENDATION: That the Mayor and Clerk be authorized to sign an agreement, satisfactory with the City Solicitor, with 1639885 Ontario Limited and Kevin Doyle, regarding the leasing of the Victoria Park Lake Boathouse as outlined in Chief Administrator's Office report CAO-12-028, dated June 7, 2012. BACKGROUND: The Victoria Park Boathouse was constructed in 1929. For many years its primary function was to serve as a rental facility for the boats provided on Victoria Lake during the summer and as a skating change room during the winter. In the 1990's there were attempts by tenants to operate a food/concession or music venue, however; these particular uses struggled financially and the rental agreement was assigned to Mr. Kevin Doyle. The building has operated successfully since that time as an independent music venue and licensed restaurant facility. In 2011, the City of Kitchener initiated rehabilitation of Victoria Lake. This work involved significant heavy construction around the boathouse and the removal and reconstruction of all of the landscaping around the building. The business was required to be closed for the winter of 2011-12. During this process, Council directed staff to negotiate a lease with Mr. Doyle and make provisions for the upgrading of the building interior to commercial standards. It also recognized the need for additional improvements to the kitchen facilities and the cessation of public access to the boathouse washrooms. REPORT: Since late 2011, City of Kitchener staff and Mr. Doyle have been in discussion around the structure of a lease for the building. The parties have come to agreement on all the major issues and the lease is now available for ratification. In summary, the lease provides for Mr. Doyle and his corporation to operate the Boathouse as a live music and entertainment venue for 10 years. It establishes the base lease rate for the 4-1 facility at $8.00 per sq ft, adjusted annually, with a provision for additional rent above the base calculated as 5% of gross sales. In addition, the operator will cover all of the utility costs for the building once shared use of the washrooms is eliminated. The lease anticipates that the parties will enter into a construction agreement to upgrade the interior of the building by mid-2014. These works generally include the establishment of accessibility measures, the reconstruction of the washrooms, upgrading of interior insulation, the construction of a new kitchen, the demolition of the existing kitchen and the establishment of anew customer door on to the west patio. The City of Kitchener has established an upset limit of $234,000 to cover the cost of its portion of the renovations. The lease also provides for the expansion of the patio to include the walkway along Victoria Lake during periods of peak use. Together, the financial terms of this agreement will result in a significant increase to City of Kitchener revenue from the building (on the lower end of current commercial rents in the downtown), while protecting the viability of an important cultural business in the downtown and the greater community. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The evolution of the Boathouse as one of the region's premier live music venues under the direction of Kevin Doyle is aligned with the objectives of the Downtown Action Plan and the Kitchener Economic Development Strategy. FINANCIAL IMPLICATIONS: City of Kitchener revenue will increase by approximately $20,000 annually. The City's portion of the capital upgrades has been allocated in the 2012 City budget. COMMUNITY ENGAGEMENT: During the process of establishing the plan for the upgrading of the landscaping around the Boathouse and the interior renovations, several public meetings were held, over 200 people responded to an on-line survey and submitted written submissions. Council also heard numerous public delegations. Both the Victoria Park Neighborhood Association and the Victoria Park Working Group were consulted. CONCLUSION: In 2010/11, the operator of the Boathouse organized over 700 live music performances on 300 days. This makes it one of the most dynamic music venues in the Waterloo Region and a key venue for the development of young musicians in Kitchener's growing music cluster. The proposed lease sets the stage for continued development of this important cultural resource and supports its symbiotic relationship with the City's most important public park. ACKNOWLEDGED BY: Jeff Wllmer, Chief Administrative Officer 4- 2