HomeMy WebLinkAbout01 062 agree ackert amend 01-52
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
BY-LAW
NO. 2001 - 62
A BY-LAW TO AMEND AN AGREEMENT
WITH CLARENCE ACKERT AND SHIRLEY ACKERT
WHEREAS the Council for The Municipality of Kincardine deems it advisable to
extend an Agreement with Clarence Ackert and Shirley Ackert to lease 80 acres
of unused vacant land, part of the Town and Township Airport on Highway
Number 21 for a three year period ;
AND WHEREAS By-law 2001-52 was passed by the Municipality of Kincardine
on the 9th day of May, 2001 to enter into an agreement with Clarence Ackert and
Shirley Ackert to lease the lands on the airport land;
AND WHEREAS Council deems it appropriate to rescind By-law 2001-52, cited
as "Ackert Agreement By-law" to change the term of lease to 2002, 2003 and
2004;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Corporation of the Municipality of Kincardine extend an
agreement with Clarence Ackert and Shirley Ackert to lease the lands on
the airport land;
2.
That the Mayor and Clerk be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, the Agreement with
Clarence Ackert and Shirley Ackert attached to this by-law and to affix the
corporate seal as and when required;
3. That By-law No. 2001-52 be hereby rescinded.
4. This By-law shall come into full force and effect upon its final passage.
5. This By-law may be cited as the "Ackert Agreement of 2002 to 2004,
By-law" .
READ a FIRST, SECOND and THIRD TIME and DEEMED TO BE PASSED this
23rd day of May, 2001.
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This AGREEMENT made this 23rd
day of May, 2001.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "LESSOR"
of the First Part,
-and-
CLARENCE ACKERT AND SHIRLEY ACKERT
hereinafter called the "LESSEE"
of the Second Part.
WHEREAS the Municipality wishes extend a lease agreement with Clarence and
Shirley Ackert for the use of municipal lands;
AND WHEREAS these municipal lands are 80 acres of unused vacant land, part of the
Municipal Airport, situated on Highway 21 (hereinafater referred to as "the premises";
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
rents, covenants and agreements hereinafter reserved and contained on the part of the
said lessee, to be paid, observed and performed, the said lessor has demised and
leased and by these presents doth demise and lease unto the said lessee;
ALL THOSE CERTAIN PREMISES 80 acres of unused vacant land, part of the
Municipal Airport, on Highway 21 (hereinafter referred to as "the premises");
1. The Lessee shall pay rent of $1,760 (one thousand seven hundred and sixty
dollars) per year for the years 2002, 2003 and 2004, to be paid the 1st business
day of November every year, commencing November 2002.
2. The Lessee shall not be responsible for any property taxes that may be assessed
against the property as a result of the lessee occupying the premises.
3.
The Lessee shall not carry on upon the premises any business that may be
deemed a nuisance or by which the insurance on the premises will be increased.
4.
This agreement is not assignable by the Lessee without the express written
consent of the Lessors.
5. The Lessors shall not be responsible for any personal injury which shall be
sustained by the Lessee or any employee, customer or other person who may be
upon the premises or the entrances or appurtenances thereto. All risks of any
such injury being assumed by the Lessee, who shall hold the Lessors harmless
and indemnified therefrom.
6. The Lessee shall provide to the Lessors adequate proof of insurance (for liability
and personal property) to the satisfaction of the Lessors.
7. The term of this lease shall be from January 15\ 2002 until December 31 st, 2004.
Renewal of this agreement shall be at the discretion of the Lessors.
8.
This agreement may be terminated by mutual agreement between the Lessor
and Lessee within one year time frame.
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Clarence Ackert and Shirley Ackert Agreement
By-Law No. 2001 - ~.2.
Page 2 of 2
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.
10.
Unless the context otherwise requires, the word "Lessors" and the word "Lessee"
wherever used herein shall be construed to include and shall mean the
executors, administrators, successors and/or assigns of the said Lessors and
Lessee, respectively, and when there are tow or more Lessee bound by the
same covenants herein contained, their obligations shall be joint and several.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested
by the hands of its mayor and clerk this 2.kd day of May, 2001. Clarence Ackert
has hereunto set his hands this 23rd day of May, 2001 and Shirley Ackert has
hereunto set her hands this 23rd day of May, 2001.
SIGNED, SEALED AND DELIVERED
in the presence of
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Clarence Ackert
SHIRLEY ACKERT
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Shi ey Ackert