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HomeMy WebLinkAbout00 161 Lease - James Morris e It e e 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. -. . . . . Aa r...."'" ~~ -/ J.ý\~. }ef~ ~ /w<Je<Æ, -ß. :>, J' "'''¡'''f ~ De,eM. t-(~ I~ d' Od O. ¡d. 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. 12 . . . . 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 ) ) ) ~- ) ) ». '"":>--.. l ~ '-- r--.... ) Clerk ) ) ) JAMES MORRIS ) ) ) James Morris ) ) )