HomeMy WebLinkAbout00 161 Lease - James Morris
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000 -161
A BYLAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT
WITH JAMES MORRIS
WHEREAS the Council for The Corporation of the Municipality of Kincardine
deems it advisable to enter into a lease agreement with James Morris for the
twenty-five acres of workable farm land more particularly described as Parts Lots
14 and 15 Concession 5, former Township .of Kincardine, Municipality of
Kincardine:
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
agreement with James Morris for the lease of property known as Parts Lot
14 and 15, Concession 5, former Township of Kincardine, Municipality of
Kincardine;
2. That the term of this lease be 1999, 2000 and 2001 to be computed from
the 1st day of January 1999 and thenceforth ensuing and to be fully
completed and ended on the 31st day of December 2001.
That the Mayor and Clerk be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, the Lease Agreement with
James Morris. (attached Schedule "A").
4. That this By-law shall come into full force and effect upon its final
passage.
3.
5. That this By-law may be cited as the "James Morris Lease, By-law".
READ a FIRST, SECOND, and THIRD time and DEEMED TO BE PASSED
this 13th day of October, 2000.
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This AGREEMENT made this
day of
,2000.
BElWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and-
JAMES MORRIS
hereinafter called the "Lessee"
of the Second Part.
WHEREAS the Municipality wishes to enter into a lease agreement with James Morris
for the use of municipal lands;
AND WHEREAS these municipal lands are approximately twenty-five 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 approximately twenty-five workable acres of
farm land, to James Morris of R.R.#1, Tiverton;
2. THE LANDS to be rented are more particularly described as Parts Lot 14 and 15,
concession 5, former Township of Kincardine;
3. THE LESSEE COVENANTS to keep the fences in good repair and to use the
lands described for farming practices only;
4. THE LESSEE WILL HAVE AND HOLD the said lands for the term of 1999, 2000
and 2001 to be computed from the 1 st day of January 1999 and thenceforth
ensuing and to be fUlly completed and ended on the 31st day of December 2001.
5.
YIELDING AND PAYING THEREFORE the sum of four thousand nine-hundred
and fifty dollars ($4,950.00 plus G.S.T. of $346.50 for a total of $5,296.50)
payable on the 15th day of January 2001; (being one thousand six hundred and fifty
"$1,650.00 plus G.S. T. of $115.50 toteling $1,765.50 per annum).
6. PAYMENT to be made by certified 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.
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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James Morris Land Lease Agreement
Page 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. 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 Clerk,
Municipality, 707 Queen Street, Kincardine, Ontario, N2Z IZ9, 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 LESSEE shall have the right to renegotiate this lease for a further one year
period on terms and with terms acceptable to the Municipality.
12. 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.
13. This lease is not assignable.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested
by the hands of its mayor and clerk this day of , 2000. James
Morris has hereunto set his hand this day of , 2000.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE
MUNICIPA ITY OF KINCARDINE
in the presenCe of )
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». '"":>--.. l
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) Clerk
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) JAMES MORRIS
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) James Morris
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