HomeMy WebLinkAbout04 101 agreement Connaught Park
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THE CORPORATION OF TIlE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2004 - 101
A BY·LAW TO AUTHORIZE THE SIGNIN OF
A LEASE AGREEMENT WITH DENNIS RIGGIN AND ON MURRAY
FOR THE USE OF THE CONNAUGHT PARK RACE RACK AND A
PORTION OF THE BUILDINGS FOR BOARDING URPOSES
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WHEREAS Section 8 of the Municipal Act, 2001, 5.0. 2001, c.~5' as amended,
provides that a municipality has the capacity, rights, powers a d privileges of a
natural person for the purpose of exercising its authority under his or any other
act;
AND WHEREAS Section 9 of the Municipal Act, 2001, 5.0. 2001, c. 25, as
amended confers broad authority on municipalities to enable the to govern their
affairs as they consider appropriate and to enhance their abili y to respond to
municipal issues;
AND WHEREAS the Council for The Corporation of the Municipality of
Kincardine deems it advisable to enter into a Lease Agreem nt with Dennis
Riggin and Don Murray for the period May 1, 2004 to April 30th, 007 for the use
of the existing track at Connaught Park for training purposes, nd; a portion of
the building (40 feet x 60 feet) fpr bpardomg. located on the Ian sat Connaught
Park;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
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1. That the Council for The Corporation of the Municipality of incardine enter
into an· agreement with Dennis Riggin and Don Murray for he lease of the
race track for training purposes and a portion of the building (40 ft x 60 feet)
for boarding, located on the lands at Connaught Park, for th period May 1,
2004 to April 30, 2007;
2. That the Mayor and CAO be authorized to sign, on behalf of he Corporation
of the Municipality of Kincardine, the Agreement with Dennis iggin and Don
Murray, attached to this by-law as Schedule "A".
3. This By-law shall come into full force and effect upon its final assage.
4. This By-law may be cited as the ·Connaught Park Lease .f.greement, B
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READ THREE TIMES and PASSED this 16th day of June, 2004.1
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Mayor
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THIS AGREEMENT made in TRIPUCATE this 6th day of May 2004
BETWEEN:
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THE CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE
(hereinafter called "the Municipality'')
of the first part;
AND
DENNIS RIGGIN AND DON MURRAY
(hereinafter called the "the leaseholders")
of the second part.
WHEREAS the Municipality owns the land located immediately in the area known as
"Connaught Park" and being more particularly described as Lots 1 and 2, north side of
Broadway, Plan 4. Located on this land is a building (hereinafter called the "building")
that is owned by the Municipality;
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AND WHEREAS the leaseholders are proposing to lease a portion of the building for
use in a horse training and boarding business, the use of the existing dirt racing track will
be part of this agreement
NOW THEREFORE in consideration of the mutoal covenants and conditions herein
contained, the parties hereto covenant and agree with one another as follows:
1. The Municipality will lease a portion of the building (40 feet x 60 feet) located on
the lands of Connaught park to the leaseholders for the period of time running
from May 1st, 2004 to April 30th, 2007. The lease fee will be $9,000 (nine
thousand) for the duration of the lease. All applicable taxes shall be deemed to be
included in the $9,000 fee.
2. The leaseholders shall pay on a quarterly basis beginning May 1, 2004 and with
subsequent payments every three months until the expiration of the lease.
3.
The leaseholders agree to maintain the cleanliness of the building and surrounding
area to the satisfaction of the Director of Parks and Recreation or any other
regulatory body having jurisdiction over livestock handling.
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4. The leaseholders agree not to store animal waste within the perimeter of the
building for any extended period and that waste will be removed from the site on
a daily basis.
5. The leaseholders shall have use of the existing track for training purposes. Track
maintenance shall be the sole responsibility of the leaseholders. The Municipality
will assist on occasion with snow removal and the dragging of the track as time
and labour allows.
6. The leaseholders agree that the use of the track shall be subject to the needs of
others. The Recreation Director shall be the representative of the municipality
and shall have the authority to deal with matters conveyed in this agreement.
7.
The leaseholders agree to maintain a minimum of $1,000,000 liability insurance
while in occupation of the building and racetrack. It is also the responsibility of
the leaseholders to ensure any other party wishing to utilize the barn or track on
an individual basis has the equivalent of $1,000,000 liability insurance coverage
prior to residing in the building or using the grounds within Connaught park.
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8. The leaseholders agree to provide telephone and pay 1/3 of the hydro chargeS to
the building.
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9.
The leaseholders agree that the Municipality will not, in any way whatsoever, be
liable or responsible, in any way, for any personal injuries either personally or to
any other person who may be upon the premises, or for any loss or damage
whatsoever.
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10. The leaseholders shall be the sole operators of any horse boarding or training
business on the premises, but stall rental shall be given on a fair and equitable
basis and no bonafide client shall be refused a stall lease.
11., The leaseholders agree that no alterations shall be made to the building prior to
approval by the Municipality.
12. The Municipality agrees to provide water for the use of the building.
13. The leaseholders agree to abide by all local, provincial and federal regulations and
to obtain any permits, which may be required.
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The leaseholders agree to maintain the track to a safe standard.
This agreement is not assignable without the written consent of the Municipality.
The leaseholders acknowledges that they are and shall be the sole owners of the
business and anyone working in the building or associated with the building shall
be employees of the leaseholders and shall be paid accordingly.
17. In this agreement, words importing the singular 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.
IN WITNESS WHEREOF the parties hereto have executed these presents.
SIGNED, SEALED AND DELIVED
THE CORPORATION OF THE
MUNICIPALITY
OF KINCARDINE
in the presence of
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Mayor - Glenn Sutton
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C.A.O. - John deRosenroll
THE LEASEHOLDERS:
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Witness