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TIlE CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2002 -170
BEING A BY-LAW TO PERMIT AN ENCROACHMENT ONTO
MUNICIPAL PROPERTY
WHEREAS pursuant to Section 210 P.107 ofthe Municipal Act, R.S.O. 1990, c.M. 45,
the Council of a municipality may pass by-laws authorizing the encroachment of
buildings or structures upon municipal property subject to such terms and conditions
and may fix annual fees or charges for such privilege.
AND WHEREAS the Corporation of the Municipality of Kincardine has been requested
to renew a lease agreement to allow encroachments on municipal property.
AND WHEREAS the Corporation of the Municipality of Kincardine agreed to honour
the renewal of a lease with James William Hamilton with the passage of Resolution
#2000-408;
NOW THEREFORE the Corporation of the Municipality of Kincardine ENACTS as
follows:
1. The owner of the north halves of Lots 29 and 30, on the south side of
Mechanics Ave., Plan 4, Town of Kincardine, (now Municipality of Kincardine)
formerly known as Williamsburg, known municipally as 336 Mechanics Avenue,
is hereby allowed to maintain and use the portion of the encroachment upon
municipal property subject to the Encroachment Agreement attached to this by-
law.
2.
The encroachment shall be subject to the terms and conditions of the
encroachment agreement attached to this by-law.
3. That the mayor and CAO be authorized to sign, on behalf of The Corporation of
the Municipality of Kincardine the Encroachment Agreement with James William
Hamilton and to affix the Municipality's Corporate seal as and when required.
4. This by-law may be cited as the "Hamilton Encroachment Agreement By-law".
READ a FIRST, SECOND and THIRD time and DEEMED TO BE PASSED
4th day of December, 2002.
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Clerk
6.0 MOTIONS & NOTICE OF MOTIONS
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6.1 Renewal Of Encroachment Leases
(1. McCormick and 2. PymlHamilton)
Motion #2000-408
Moved by: Sandy Donald
Seconded by: Ron Hewitt
THAT the Municipality of Kincardine agree to deal with two leases of
encroachment on municipal road allowance as listed below, in the
following manner:
1. Renewal for 20 years from April 12, 1992 to April 11 , 2012 Lease
for McCormick
Composed of a portion of McDonald Avenue lying between the
northerly & southerly boundaries as projected easterly on Lot 35 on
the west side of McDonald Avenue, Plan 335, Municipality of
Kincardine (former Town of Kincardine).
·
2.
Agree to an assignment of lease and honour the renewal provisions
of the lease when it comes due in November 2002-Hamilton
purchase from Pym
North halves of Lots 29 & 30 on south side of Mechanics Avenue,
Plan 4, known as 336 Mechanics Avenue, Municipality of
Kincardine (former Town of Kincardine)
The municipality further agrees to the terms set out in the draft letters to the
solicitors for these properties, and finally the municipal Council agree to
authorize the Deputy CAO/Deputy Clerk signing the attached letters and
forwarding the letters as the renewal terms for these two leases.
Carried
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THIS INDENTURE made in duplicate this 15th day of November, 2002
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT
BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Lessor"
OF THE FIRST PART
and
JAMES WILLIAM HAMILTON
Hereinafter called the "Lessee"
OF THE SECOND PART
WHEREAS the Corporation of the Town of Kincardine now the Corporation of the Municipality
of Kincardine (the "Lessor") granted a lease (the "Lease") to Ross Ian McIntyre and Gina Allison
McIntyre (the "McIntyres") over a portion of Mechanics Avenue as shown on the survey attached
hereto, which Lease was dated the 1st day of November, 1982 and registered on the 17th day of
November, 1982 as Instrument No. 1997669 in the Land Registry Division Bruce No.3 Walkerton;
AND WHEREAS the McIntyres assigned their interest in the Lease to Donald George Pym by and
assignment dated the 20th day of June, 1990;
AND WHEREAS Donald George Pym assigned his interest in the Lease to the Lessee by
assignment dated August 20, 2000;
AND WHEREAS the Lease provided the Lessee shall have the right to renew the within lease for
a further term of 20 years if not in default upon the expiration of the Lease.
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 hath
demised and leased and by these presents DOTH demise and LEASE unto the said Lessee ALL
THAT messuage and tenement located in the following municipality, namely, in the Municipality
of Kincardine and being composed of a portion of Mechanics Avenue lying between the northerly
extensions of the eastern boundary of Lot 30 and the western boundary of Lot 29, both on the South
side of Mechanics A venue, according to Plan 4 in the Town of Kincardine, (now the Municipality
of Kincardine) and which portion may be more particularly described as follows:
PREMISING: that the northerly boundary of Lots 29 and 30 on the South side of Mechanics
A venue, Plan 4, in the Town of Kincardine has a bearing of North 61 degrees 26 minutes 50 seconds
West and relating all bearings herein thereto:
COMMENCING at the northeasterly angle of the north half of said Lot 30:
THENCE continuing north along the projection northerly of the eastern boundary of said Lot 30 a
distance of 10 feet to a point in Mechanics Avenue;
. THENCE westerly and parallel to the northerly boundary of said Lots 30 and 29 to the point of
intersection with the northerly extension of the westerly boundary of said Lot 29;
THENCE southerly along the said northerly extension of the westerly boundary of said Lot 29 to
the northerly boundary of said Lot 29;
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THENCE westerly along the northerly boundaries of said Lots 29 and 30 to the POINT OF
COMMENCEMENT,
(hereinafter called the "premises"), upon the following terms and conditions:
TO HAVE AND TO HOLD the premises for and during the term of TWENTY (20) YEARS to be
computed from the 15th day of November two thousand and two (2002) and ending on the 15th day
of November two thousand and twenty two (Z022).
YIELDING AND PAYING therefor yearly and every year during the said term unto the said
Lessor the sum of $1.00 of lawful money of Canada, without any deduction, defalcation or
abatement whatsoever to be payable on the 15th day of November in each and every year. The first
of such payments to become due and to be made on the 15th day of November, 2002.
THE Lessee covenants with the Lessor:
to pay rent.
to pay taxes, except for local improvements.
to pay water rates and charges for gas, electricity and telephone.
to maintain the premises in a state of cleanliness, and to repair any damage caused thereto
by his own wilful or negligent conduct or that of persons who are permitted on the premises
by him.
to keep up fences.
not to cut down timber.
not to assign or sublet without the consent of the Lessor, such consent not to be arbitrarily
or unreasonably withheld. The Lessee shall pay the Lessor's reasonable expenses incurred
thereby.
not to carry on upon the premises any business that may be deemed a nuisance or by which
the insurance on the premises will be increased.
that he will leave the premises in good repair, reasonable wear and tear and damage by fire,
lightning and tempest only excepted.
that the Lessee will repair according to notice in writing, reasonable wear and tear and
damage by fire, lightning and tempest only excepted.
to promptly notify the Lessor of any repairs to be made by the Lessor, and upon giving prior
notice in accordance with Section 93 of the Landlord and Tenant Act, the Lessor shall be
permitted to enter and view the state of repair and to make any such repairs.
PROVIDED that the Lessee may remove his fixtures, if such removal may be, and is, done without
injury to the premises.
PROVIDED that in the event of damage to the premises by fire, lightning or tempest, rent shall
cease until the premises are rebuilt.
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PROVIDED that, where the premises become vacant and so remain for a period of 30 days, it shall
be presumed that the Lessee has abandoned the premises and the Lessor may re-enter and take
immediate possession of the premises.
PROVIDED that if the Lessee be assessed as a Separate School Supporter, he will pay to the Lessor
a sum sufficient to cover the excess of the Separate School tax, over the public school tax, if any.
for a full calendar year.
PROVISO for re-entry by the Lessor on non-payment of rent or non-performance of covenants,
provided that such entry shall, at all times, be in accordance with the provisions of the Landlord and
Tenant Act.
PROVIDED that, if the term hereby granted shall be at any time seized or taken in execution or
attachment, by any creditor of the Lessee, or if the Lessee shall make an assignment for the benefit
of creditors, or becoming bankrupt or insolvent shall take the benefit of any Act that may be in force
for bankrupt or insolvent debtors, the then current rent, togèther with the rent for three months
thereafter. shall immediately become due and payable, all subject to the provisions of the Landlord
and Tenant Act, as amended.
THE Lessor shall maintain the premises in a good state of repair and fit for habitation during the
herein lease in order that the premises comply with health and safety standards required by law.
THE Lessor covenants with the said Lessee for quiet enjoyment
THE Leasee covenants with the Lessor to permit the said Lessor during the last month of the
currency of this lease, to put up upon the said premises, notice of his intention to lease the same; and
also to permit during the same time, such person or persons as he may be desirous of leasing the said
premises at the expiration of this lease to visit and inspect the same on written notice to the Lessee,
given at least twenty-four hours before the time of entry, which shall be during daylight hours and
specified in the notice.
IT IS HEREBY agreed between the parties hereto that if, upon the determination of the lease by
effluxion of time, the Lessor permits the lessee to remain in possession of the premises and accepts
rents in respect thereto. a tenancy from year to year shall not be created by implication of law, but
the Lessee shall be deemed to be a monthly tenant only.
PROVIDED that the lessee covenants and agrees that if the dwelling situate on the demised lands
shall be destroyed by fire or otherwise then the lessee will not erect or cause to be erected a new
dwelling upon the demised lands but only upon the lands known as the North Halves of Lots
Number 29 and 30 on the South side of Mechanics Avenue in that part of the said Town of
Kincardine (now the Municipality of Kincardine) formerly known as Williamsburg, according to
Plan 4.
IT IS HEREBY declared and agreed that the expressions "Lessor" and "Lessee", wherever used in
this Indenture. shall, when the context allows. include. be binding on and enure to the benefit of not
. only the parties hereto, but also their respective executors, administrators and assigns.
AND it is further agreed between the parties hereto that wherever the singular and masculine are
used throughout this lease they shall be construed as if the plural or feminine had been used, where
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the context or the party or parties hereto so require, and the rest of the sentence shall be construed
. as if the grammatical and terminological changes thereby rendered had been made.
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IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals.
SIGNED, SEALED AND DELIVERED
in the presence of
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The Corporation of the Municipality of
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(/ James William Hamilton
RECEIPT OF TENANCY AGREEMENT:
UWE hereby acknowledge receiving a duplicate original copy of the herein lease this
day of November, 2002
Lessee (Tenant)
Lessee (Tenant)
,
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NORTH HALF Of LOTS 29 AND 30
SOUTH SIDE OF MECHANICS AVENUE
REGI STEREO PLAN 4
TOWN OF KINCARDINE
COUNTY OF BRUCE
PLAN TO
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DATED. OCTOBER 251h, 19B~. '. r;..1,..£ f.' J ~
/ ..' JaIN C. WOOD
¿,/ ONrAflIO LANO SURVEYOR
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OHN C. WOOD
ONT. LAND SURVEYOR
932 OUEEN STREET
KINCAROINE, ONr.
SCALE 1", 40'
JOB NO- 821911