HomeMy WebLinkAbout05 124 LE Agree Peter Shelton
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THE CORPORATION OF THE MUNICIPALITY OF KINCA INE
BY-LAW
NO. 2005 - 124
A BYLAW TO AUTHORIZE THE SIGNING OF A LEASE ~GREEMENT
WITH PETER SHELTON r
WHEREAS Section 110 of the Municipal Act, 2001, S.O. 2001, . 25 authorizes
that municipalities may enter into agreements for the provisi of municipal
capital facilities and that those agreements may allow for th lease of the
facilities
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Se on 8 and 9 (1)
provides municipalities with powers of a natural person to enable hem to govem
their affairs as they consider appropriate under this or any other A t;
AND WHEREAS the Council for The Corporation of the unicipality of
Kincardine deems it expedient to enter into a five year lease wit Peter Shelton
for Municipal property known as Parts Lot 14 and 15, Conce sion 5, former
Township of Kincardine, Municipality of Kincardine;
NOW THEREFORE the Council for The Corporation of the IMuniciPality of
Kincardine ENACTS as follows: I
1.
That The Corporation of the Municipality of Kincardine en er into a lease
agreement with Peter Shelton for the lease of property kno n as Parts Lot
14 and 15, Concession 5, former Township of Kincardine, Municipality of
Kincardine;
2. That the term of this lease be 2005,2006,2007,2008,20 9 and 2010 to
be computed from the 1st day of January 2005 and then eforth ensuing
and to be fully completed and ended on the 31st day of De mber 2010.
3. That the Mayor and CAO be authorized to sign, on behalf of The
Corporation ofthe Municipality of Kincardine, the Lease greement with
Peter Shelton. (attached Schedule "An).
4. That this By-law shall come into full force and effect upon its final
passage.
5. That this By-law may be cited as the "Peter Shelton Le se Agreement
(2005), By-law".
READ a FIRST, SECOND, and THIRD time and DEEMED TO B PASSED
this 3rd day of August, 2005.
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Mãyor
This AGREEMENT made this \.::S Y'c\ . day of 'A "5 u:\--t-
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
This is Schedule" A " to B ~Law
No~ 'I~~ passed the .3 ~ d
fi. ~ - ay
of ,ulju.s- 2005____-
,200~~~~
Mayor Clerk
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hereinafter called the "Municipality"
of the First Part,
-and-
PETER SHELTON
hereinafter called the "Lessee"
of the Second Part.
WHEREAS the Municipality wishes to enter into a lease agreement with Peter Shelton
for the use of municipal lands;
AND WHEREAS these municipal lands are twenty three and fifty one, one hundreds
acres of workable farm land more particularly described as Parts Lots 14 and 15
. Concession 5, former Township of Kincardine;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
premises and mutual promises and covenants hereinafter contained, the parties hereby
agree as follows:
1. THE CORPORATION agrees to rent twenty three and fifty one, one hundreds
(23.51 acres) workable acres of farm land, to Peter Shelton of R.R.#2,
Kincardine, Ont., N2Z 2X4;
2. THE LANDS to be rented are more particularly described as Parts Lot 14 and 15,
concession 5, former Township of Kincardine which are suitable for farming
practices;
3. THE LESSEE COVENANTS to use the lands described for farming practices
only;
4.
THE LESSEE WILL HAVE AND HOLD the said lands for the term of 2005, 2006
2007, 2008, 2009 and 2010 to be computed from the 1 st day of January 2005
and thenceforth ensuing and to be fully completed and ended on the 31st day of
December 2010.
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5. YIELDING AND PAYING THEREFORE the sum of one thousand seven hundred
and sixty-three dollars and twenty-five cents annually due and payable
December 1st of each year. (being $1,647.90 plus G.S. T. of $115.35 totaling $1,763.25 per
annum for a six year term.).
Since 2005 is dedicated to weed control, Peter Shelton shall undertake all
appropriate weed control activities and as a result the 2005 & 2010 year fees of
$1,647.90 shall be waived. (2005 is a non-crop year and 2010 pays for the weed
control in 2005)
6. PAYMENT to be made by cheque or cash;
7. THE LESSEE COVENANTS that the Municipality, through its authorized agents,
may enter and view the state of the lands during all reasonable hours.
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8.
PROVISO for re-entry of the lands by the said Municipality on non-payment of
rent or non-performance of covenants.
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Peter Shelton Land Lease Agreement
Page 2 of 2
9.
AND the Municipality shall not be responsible for any personal injury which shall
be sustained by the Lessee or any employee, or other person who may be upon
the premises which consists of the above referred to 23.51 acres of land used for
farming purposes. All risks of any such injury being assumed by the Lessee,
who shall hold the Municipality harmless and indemnified therefrom. The
Municipality of Kincardine shall be added to the Lessee's insurance policy as an
additional insured. Proof of liability in an amount not less than $1,000,000.00
shall be provided to the Municipality.
10. THAT any notice which either of the parties is required or permitted to give
pursuant to any provision of this lease may, if intended for the Lessee be given in
writing or by registered mail addressed to the Lessee and if intended for the
Municipality in writing left at the premises of the Lessor at the Office of the CAD,
Municipality, 1475 Concession 5, RR #5, Kincardine, Ontario, N2Z 2X6, or
mailed by registered mail addressed to the Municipality at the Municipality's said
premises and such notice shall be deemed to have been given at the time it was
delivered or mailed, as the case may be.
11. The words importing the singular number only shall include the plural and vice
versa, and words importing the masculine gender shall include the feminine
gender, and words importing persons shall include firms and corporations and
vice versa.
12. This lease is not assignable.
13. Either party may exit this agreement at the end of any of the crop seasons, upon
30 days written notice.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested
by the hands of its Mayor and CAD this ~,...c\ day of fN.3ust- ,2005. Peter
Shelton has hereunto set his hand this ~ ("co day of V\'1Ju~-t , 2005.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
in the presence of )
~ !&-;?~
) ,. Mayor
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) CAD
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~ PETE~HELT~ON D ^.. _ L_ ~..
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) Peter Shelton
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) Witness 1