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HomeMy WebLinkAbout99 097 Lease - Horsebarn Agree NO. 1999 - 97 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH DENNIS RIGGIN, LLOYD YOUNG, DON MURRAY AND RIEN VANDERHOEK FOR THE RENTAL OF PART OF A BUILDING IN CONNAUGHT PARK. WHEREAS The Corporation of the Township of Kincardine-Bruce-Tiverton deems it advisable to enter into an lease agreement with Dennis Riggin, Lloyd Young, Don Murray and Rien Vanderhoek for the rental of part of a building in Connaught Park; NOW THEREFORE the Council for The Corporation of the Township of Kincardine-Bruce-Tiverton ENACTS as follows: 1. That the Mayor and Clerk be authorized to sign, on behalf of The Corporation of the Township of Kincardine-Bruce-Tiverton the lease agreement with Dennis Riggin, Lloyd Young, Don Murray and Rien Vanderhoek, attached to this by-law and to affix the Township's corporate seal as and when required. 2. That this by-law shall come into full force and effect upon its final passage. 3. That this By-law may be cited as the "Horsebarn Lease Agreement By- law, 1999". READ a FIRST, SECOND, and a THIRD time and FINALLY PASSED this 25th day of August, 1999. Mayor Clerk , " , " .' . '. . -1- TIllS AGREEMENT made in TRIPLICATE this 11th day of August 1999. BETWEEN: THE CORPORA nON OF THE TOWNSIllP OF KINCARDlNE-BRUCE- T1VERTON (hereinafter called "the Township") of the first part; AND DENNIS RIGGIN, LLOYD YOUNG, DON MURRAY AND RlEN V ANDERHOEK (hereinafter called the ''the leaseholders") of the second part. WHEREAS the Township owns the land located immediately in the area known as "Connaught Park" and being more particularly described as Lots 1 and 2, north side of Broadway, Plan 4. Located on this land is a building (hereinafter called the "building") that is owned by the Township; AND WHEREAS the leaseholders are proposing to lease a portion of the building for use in a horse training and boarding business, the use of the existing dirt racing track will be part of this agreement. NOW THEREFORE in consideration of the mutual covenants and conditions herein contained, the parties hereto covenant and agree with one another as follows: 1. The Township will lease a portion of the building (40 feet x 60 feet) located on the lands of Connaught park to the leaseholders for the period of time running from May 1st, 1999 to April 30th, 2004. The lease fee will be $16,000 (sixteen thousand) for the duration of the lease. 2. The leaseholders shall pay on a quarterly basis beginning May 1st 1999 and with subsequent payments every three months until the expiration of the lease. 3. The leaseholders agree to maintain the cleanliness of the building and surrounding area to the satisfaction of the Director of Parks and Recreation or any other regulatory body having jurisdiction over livestock handling. 4. The leaseholders agree not to store animal waste within the perimeter of the building for any extended period and that waste will be removed from the site on a daily basis. 5. The leaseholders shall have use of the existing track for training purposes. All track maintenance shall be the sole responsibility of the leaseholders. 6. The leaseholders agree that the use of the track sha1l be subject to the needs of the Agricultural Society. The Agricultural Society shall have preference over others for the use of the track and other lands within Connaught Park. 7. The leaseholders agree to maintain a minimum of $1,000,000 liability insurance while in occupation of the building and racetrack. It is also the responsibility of the leaseholders to ensure any other party wishing to utilize the bam or track on an individual basis has the equivalent of $1,000,000 liability insurance coverage prior to residing in the building or using the grounds within Connaught park. 8. The leaseholders agree to provide telephone and pay 1/3 of the hydro charges to the building. - """^ ~ , ., " . . . ,. -2- 9. The leaseholders agree that the Township will not, in any way whatsoever, be liable or responsible, in any way, for any personal injuries either personally or to any other person who may be upon the premises, or for any loss or damage whatsoever. 10. The leaseholders shall be the sole operators of any horse boarding or training business on the premises, but sta1l rental sha1l be given on a fair and equitable basis and no bonafide client sha1l be refused a sta1l1ease. 11. The leaseholders agree that no alterations sha1l be made to the building prior to approval by the Township. 12. The Township agrees to provide water for the use of the building. 13. The leaseholders agree to abide by a111ocal, provincial and federal regulations and to obtain any permits, which may be required. 14. The leaseholders agree to maintain the track to a safe standard. 15. This agreement is not assignable without the written consent of the Township. 16. The leaseholders acknowledges that they are and sha1l be the sole owners of the business and anyone working in the building or associated with the building shall be employees of the leaseholders and shall be paid accordingly. 17. In this agreement, words importing the singular sha1l include the plural and vice- versa, and words importing the masculine gender sha1l include the feminine gender, and words importing persons shall include firms and corporations, and vice versa. IN WITNESS WHEREOF the parties hereto have executed these presents. SIGNED, SEALED AND DELIVED in the presence of THE CORPORATION OF THE TOWNSHIP OF KINCARDINE- BRUCE- TIVERTON ~/c£:Æ:;;~ '-. '- "'J ~:. , ,,' .~ ,:.- -K~"=-J\\lAt.. r::... -:.;..;. '"rct..k t"] l.4A ..,.. aerk - Rosaline (jl'Digp. , ,fF -- ~-' -' .' \ ". ~ .--- -~ -'.,-.- '/" -""",." /- - '",;' - ~ . ~ - ~... ~ - - -.:-: ~ , ~~ Denn~ :j ~~. t1,u ~L.~ Witness urra yd Young Rien Vanderhoek ~---""'"-----''''''''''''''' _.~ - .~.-