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HomeMy WebLinkAbout24 027 - Assign 2 Airport Hangar Lease - McCullough and BrownTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE A NO. 2024 — 027 Being a By-law to Amend By-law 2010 —122; being a By-law for an Airport Hanger Lease Agreement and By-law 2014 — 070 for an Airport Hanger Lease Agreement (Ian Brown and John Bryant/Tom Durant) Whereas Sections 8 and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and Whereas Council of The Corporation of the Municipality of Kincardine passed By- law 2010 — 122 on 15th day of September 2010 authorizing the signing of a Lease Agreement for the rental of land at the Kincardine Airport to Chris McCullough. Section 15 of the said Agreement allows the Tenant the right to assign the Lease and Chris McCullough wishes to assign the Airport Hanger Lease Agreement to Ian Brown; and Whereas Council of The Corporation of the Municipality of Kincardine passed By- law 2014 — 070 on 14th day of May, 2014 authorizing the signing of a Lease Agreement for the rental of land at the Kincardine Airport to Ian Brown. Section 16 of the said agreement allows the Tenant the right to assign the Lease and Ian Brown wishes to assign the Airport Hanger Lease Agreement to John Bryant and Tom Durand; Whereas The Corporation of the Municipality of Kincardine wishes to provide written consent to transfer the 2 Airport Lease Agreements; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine enacts as follows: That the Mayor and Clerk be authorized to sign and execute the Consent Agreement to transfer the Lease Agreement from Chris McCullough to Ian Brown, attached to this By-law as Schedule W. 2. That the Mayor and Clerk be authorized to sign and execute the Consent Agreement to transfer the Lease Agreement from Ian Brown to John Bryant and Tom Durand, attached to this By-law as Schedule `B'. 3. That this By-law shall come into full force and effect upon its final passage. 4. That this By-law may be cited as the "Assign Airport Lease Agreement Transfer By-law". Read a First, Second and Third Time and Finally passed this 14th day of February, 2024. Kenneth Craig Signed with ConsignO Cloud (2024/03/06) e ^' Verify with verifio.com or Adobe Reader. Mayor Jennifer Lawrie Signed with Consign0 Cloud (2024/03/07) ' Verify with verifio.com or Adobe Reader. Clerk Schedule `A' Assign Airport Lease Agreement By -Law By-law No. 2024 - 027 CONSENT To: Chris McCullough To: Ian Brown Recitals: A. Chris McCullough and the Corporation of the Municipality of Kincardine ("Municipality") are parties to a Lease Agreement (the "Contract") dated September 15 2010. B. Chris McCullough wishes to assign to Ian Brown all of his right title and interest in and to the Contract. C. Ian Brown has agreed that as of 14th day of February (the "Effective Date") he will assume responsibility for the discharge and performance of Chris McCullough's obligations under the Contract to the extent that such obligations are to be observed paid discharged or performed, as the case may be, at any time after the Effective Date and which arise out of events occurring after such time. Based upon the foregoing: 1. The Municipality acknowledges that the Contract is in full force and effect and that, to the Municipalities knowledge, Chris McCullough is not in default under the Contract. 2. The Municipality consents to the assignment of the Contract to Ian Brown and in consideration of Ian Brown assumption of Chris McCullough's obligations under the Contract agrees that upon assignment, Chris McCullough will be released and forever discharged from any obligations or liabilities under the Contract arising after the Effective Date and for which Ian Brown has assumed responsibility. 3. In consideration of the Municipality's consent to the assignment of the Contract to Ian Brown the Municipality understands that it will be entitled to enforce the Contract (to the extent that the obligations and liabilities there under have been assumed by Ian Brown) directly against Ian Brown and will have a direct right of action against Ian Brown in respect of those obligations and liabilities as if Ian Brown had executed and delivered the Contract. 4. The Municipality understands that this consent does not in any way derogate from the rights of the Municipality under the Contract or release Ian Brown from the observance and performance of all the terms, covenants and conditions on the part of Chris McCullough contained in the Contract. 5. The Municipality understands that this consent does not constitute a waiver of the requirement of consent to any further assignment of the Contract, and for any such assignment to be effective, shall require the prior consent of the Municipality as set out in the Contract. Dated this 14th day of February, 2024 and forming part of By-law No 2022 - 027. The Corporation of the Municipality of Kincardine Kenneth Craig Signed with Consign Cloud (2024/03/06) Per: " Verify with verifio.com or Adobe Reader. Name: Kenneth Craig Title: Mayor Jennifer Lawrie Signed with C0 sign0 Cloud (2024/03/07) Verify with verifio.com or Adobe Reader, Per: Name: Jennifer Lawrie Title: Clerk Schedule `B' Assign Airport Lease Agreement (John Bryant and Tom Durand) By -Law By-law No. 2024 - 027 CONSENT To: Ian Brown To: John Bryant and Tom Durand Recitals: A. Ian Brown and the Corporation of the Municipality of Kincardine ("Municipality") are parties to a Lease Agreement (the "Contract") dated May 14th 2014. B. Ian Brown wishes to assign to John Bryant and Tom Durand all of his right title and interest in and to the Contract. C. John Bryant and Tom Durand have agreed that as of February 14th, 2024 (the "Effective Date") they will assume responsibility for the discharge and performance of Ian Brown's obligations under the Contract to the extent that such obligations are to be observed paid discharged or performed, as the case may be, at any time after the Effective Date and which arise out of events occurring after such time. Based upon the foregoing: 1. The Municipality acknowledges that the Contract is in full force and effect and that, to the Municipalities knowledge, Ian Brown is not in default under the Contract. 2. The Municipality consents to the assignment of the Contract to John Bryant and Tom Durand and in consideration of John Bryant and Tom Durand assumption of Ian Brown's obligations under the Contract agrees that upon assignment, Ian Brown will be released and forever discharged from any obligations or liabilities under the Contract arising after the Effective Date and for which John Bryant and Tom Durand has assumed responsibility. 3. In consideration of the Municipality's consent to the assignment of the Contract to John Bryant and Tom Durand the Municipality understands that it will be entitled to enforce the Contract (to the extent that the obligations and liabilities there under have been assumed by John Bryant and Tom Durand) directly against John Bryant and Tom Durand and will have a direct right of action against John Bryant and Tom Durand in respect of those obligations and liabilities as if John Bryant and Tom Durand had executed and delivered the Contract. 4. The Municipality understands that this consent does not in any way derogate from the rights of the Municipality under the Contract or release John Bryant and Tom Durand from the observance and performance of all the terms, covenants and conditions on the part of Ian Brown contained in the Contract. 5. The Municipality understands that this consent does not constitute a waiver of the requirement of consent to any further assignment of the Contract, and for any such assignment to be effective, shall require the prior consent of the Municipality as set out in the Contract. Dated this 14th day of February, 2024 and forming part of By-law No 2024 - 027. The Corporation of the Municipality of Kincardine Kenneth Craig Signed with ConsignO Cloud (2024/03/ 6) Per: mm " Verify wlth veriflo.com or Adobe Reader. Name: Kenneth Craig Title: Mayor Jennifer Lawrie Signed with CousignO Cloud (2024/03/07) • " Verify with verifio.com or Adobe Reader. Per: Name: Jennifer Lawrie Title: Clerk