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HomeMy WebLinkAbout04 061 lease cnty fire stn ambulance e, ~. . .~~- e~ e-- THE CORPORATION OF THE MUNICIPALITY OF KINC INE BY-LAW NO. 2004 - 61 BEING A BY·LAW TO AUTHORIZE THE SIGNING OF A LEA E AGREEMENT WITH THE COUNTY OF BRUCE FOR RENTAL SPACE IN TH KINCARDINE FIRE STATION AT 127 MAHOOD JOHNSTON DRIVE, MUN CIPALITY OF KINCARDINE WHEREAS the Municipal Act, 2001, 5.0. 2001, c. 25 Secti ns 8 and 9 (1) provides municipalities with powers of a natural person to enabl them to govem their affairs as they consider appropriate under this or any other ct; AND WHEREAS the Council for the Municipality of Kinc rdine deems it advisable to enter into a lease agreement with the County of B ce for purposes associated with the Bruce County Ambulance Service, in co sideration of the rents, covenants and obligations stipulated therein; NOW THEREFORE the Council for the Municipality of Kinca ine ENACTS as follows: 1. That the Municipality of Kincardine enter into a lease ag eement with The County of Bruce, for the rental of the Training Room at t e Kincardine Fire Station, 127 Mahood Johnston Drive, Municipality f Kincardine for purposes associated with the Bruce County Ambul nce Service, in consideration of rents, covenants and obligations; " That the Mayor and CAO be authorized to sign, Municipality of Kincardine, the lease agreement with Th attached to this by-law as Schedule "An; 3. That this By-law shall come into full force and eft ct upon its final passage. 2. n behalf of the County of Bruce 4. That this By-law may be cited as the "Kincardine Fi e Station (Bruce County Ambulance Service) Lease Agreement, By-law". READ a FIRST and SECOND time this 7th day of April 2004. READ a THIRD time and FINALLY PASSED this 5th day of M ,2004. ~¡tÁ - Mayor ' ¡ ~""_4 . '/l , I .J I ! '. lHIS SHORT FORM LEASE made as of the ~ day of ,2004 .:J iÞI<.L BE TWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (hereinafter called the "Landlord") - and· THE COUNTY OF BRUCE (hereinafter called the "Tenant") WHEREAS the Landlord has agreed to lease to the Tenant the training room at 127 Mahood Johnson Drive, Kincardine (the "Room") for occupancy by employees of the Bruce County Ambulance Service; ~1' . NOW THEREFORE for Two Dollars ($2.00) and other good and valuable consideration, the receipt , and sufficiency of which are hereby acknowledged, the Landlord and the Tenant agree as follows: 1. The Landlord hereby leases to the Tenant the Room, which is approximately 108 square feet in size, together with a right in common with other occupants to utilize the stairs, corridors, washrooms and other common areas of the building, for purposes associated with the Bruce County Ambulance Service. I .~ ¡ 4. 2. The Tenant shall pay as rent to the Landlord the sum of One Thousand Three Hundred and Fifty Dollars ($1,350.00) per annum, payable in advance in equal monthly installments of One Hundred and Twelve Dollars and Fifty cents ($112.50). The tenant agrees to pay GST to the landlord on the rent. This rental rate shall be subject to upward adjustment upon further agreement by the parties. 3. The term of this agreement shall commence of April 1, 2004 and there shall be no fixed termination date for the Tenant's occupancy of the Room. The Landlord or the Tenant shall have the right to terminate this Agreement, without penalty, upon giving the other party not less than two (2) months notice in writing. The lease will be reviewed annually. The Tenant shall be responsible for furnishing the Room. The Tenant shall not make any installation, alteration, addition or improvement to the Room nor erect on, fix or fasten to the Room any sign or fixture of any kind whatsoever without advance written permission from the Landlord. The Landlord shall be responsible for providing waste collection and cleaning services in respect of the Room. 5. The Tenant shall throughout the term of this Agreement provide and keep in force general liability insurance in an amount not less than one million ($1,000,000.00) dollars in a form and content that is satisfactory to the Landlord and shall name the Landlord as an additional "-'--cj--'~ . . 1 ! .J .-i i i 1 . ·2- insured in respect of damages or expenses incurred by the Landlord, arising by virtue of the Tenant's use of the Room. 6. The Tenant agrees to indemnify and hold harmless the Landlord against any and all liability, claims, actions, damages or expenses (including legal expenses) and without limiting the generality of the foregoing, all claims for personal injury, death and/or property damage caused by any act or omission of the Tenant, those for whom it is responsible at law or its invitees arising from the use by the Tenant of the Room. 7. The Tenant may not transfer, assign or sub-lease the Room to any other party. 8. All notice given or required to be given under this Agreement shall be in writing, signed by the party giving notice and personally delivered or transmitted by facsimile transmission to the Landlord at: Municipal Administration Centre, 1475 Concession 5, R.R. #5, Kincardine, Ontario, Attention: John deRosenroll, Fax No.: (519) 396-8288; and to the Tenant at P. O. Box 70, Walkerton, Ontario NOG 2VO; Fax No.: (519)'il8l-ll.,/t. Any notice or document so given shall be deemed to have been received on the date of personal delivery or on the next business day if transmitted by facsimile transmission. 9. There are no covenants, representations, warranties, agreements or conditions, express or implied, collateral or otherwise, forming part of or in any way affecting this Agreement.. IN WITNESS WHEREOF the parties hereto have executed this agreement as evidenced by the hands of their proper signing officers duly authorized in that regard. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ~(<.k Glenn Sutton, Mayor ~,L )..Ä~ Jo deRosenroll, CAO - 'I Q.n04- Co}J.6i.j /:Title: g~ ¡r/:-:r~-: .. 1f.~_ Kø;:lr-rJ..·... ;-~0 cis amr.7·;F Title: M~:.;t¡-/