HomeMy WebLinkAbout02 022 agree lease Shelton
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THE CORPORATION OF THE MUNICIPALITY OF KINC4wINE
BY-LAW
NO. 2002 - 22
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A BYLAW TO AUTHORIZE THE SIGNING OF A LEA~E AGREEMENT
WITH PETER SHELTON .
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WHEREAS the Council for the Municipality of Kincardine passe~ By-law 2001-39
on the 25th day of April, 2001 to enter into a lease agreement 1'ith Peter Shelton
for workable farmland, I
AND WHEREAS Council deems it advisable to amend the aLresaid lease to
reflect the acreage farmed and to more accurately describe the \;aSed property,
NOW THEREFORE the Council for The Corporation of th~ Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of KinCardine~mend the lease
agreement with Peter Shelton for the lease of property k own as Parts Lot
14 and 15, Concession 5, former Township of Kincardin , Municipality of
Kincardine;
2. That the term of this lease be 2001, 2002 and 2003 to br computed from
the 1st day of January 2001 and thenceforth ensuing and to be fully
completed and ended on the 31st day of December 2003.,
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That the Mayor and Clerk be authorized to sign, o~ behalf of The
Corporation of the Municipality of Kincardine, the Leas~ Agreement with
Peter Shelton. (attached Schedule "A"). i
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That this By-law shall come into full force and efter upon its final
passage.
That this By-law may be cited as the "Peter Shelton Leas1 Agreement,
By-law" .
READ a FIRST, SECOND, and THIRD time and DEEMED TO ~E PASSED
this 27th day of February, 2002.
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That By-law 2001 - 39 be and is hereby repealed.
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This AGREEMENT made this .J 7M day of hh.."", r-y ,200.1.2
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and-
PETER SHELTON
hereinafter called the "Lessee"
of the Second Part.
WHEREAS the Municipality wishes to enter into a lease agreement with Peter Shelton
for the use of municipal lands;
AND WHEREAS these municipal lands are twenty three and fifty one, one hundreds
acres of workable farm land more particularty 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 twenty three and fifty one, one hundreds
(23.51 acres) workable acres of farm land, to Peter Shelton of R.R.#2,
Kincardine, Ont., N2Z 2X4;
2. THE LANDS to be rented are more particularly described as Parts Lot 14 and 15,
concession 5, former Township of Kincardine which are suitable for farming
practices;
3. THE LESSEE COVENANTS to use the lands described for farming practices
only;
4.
THE LESSEE WILL HAVE AND HOLD the said lands for the term of 2001, 2002
and 2003 to be computed from the 1st day of January 2001 and thenceforth
ensuing and to be fully completed and ended on the 31st day of December 2003.
5. YIELDING AND PAYING THEREFORE the sum of one thousand seven hundred
and sixty-three dollars and tweny-five cents annually due and payable December
1,2001, December 1, 2002 and December 1, 2003; (being $1,647.90 plus G.S.T. of
$115.35 totaling $1. 763.25 per annum for a three year term.).
6. PAYMENT to be made by 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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Peter Shelton Land Lease Agreement
Page 2 of2
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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 which consists of the above referred to 23.51 acres of land used for
farming purposes. 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 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.
12. 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 ;¿ 1+1. day of h¡"..",,¡ , 2001,t Peter
Shelton has hereunto set his hand this ).1+-1, day of F.:h'V.d, t f , 200.1~
SIGNED~ SEALEDAND-DELIV&R&D
r Tf IE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
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in the presence of
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Clerk
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~ PETEP:J~
) Peter Shelton
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