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HomeMy WebLinkAbout99 098 Lease - KMC Agreement NO. 1999 - 98 A BYLAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH KINHURON MEDICAL CENTRE WHEREAS the Council for The Corporation of the Township of Kincardine- Bruce-Tiverton deems it advisable to enter into a Lease Agreement with Kinhuron Medical Centre. AND WHEREAS those certain premises are comprised of approximately 1210 sq. ft. of rentable area on the ground floor of the building ("the building") situated on and known municipally as Kincardine-Bruce-Tiverton Township, formerly the Village of Tiverton, Ontario, and being the centre portion of the building located on Hwy. #21 at Lots 1,2, and 3, north side of Queen Street in the former Village of Tiverton, County of Bruce. NOW THEREFORE the Council for The Corporation of the Township of Kincardine-Bruce-Tiverton ENACTS as follows: 1. That The Corporation of the Township of Kincardine Bruce Tiverton enter into a lease agreement with Kinhuron Medical Centre. 2. 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 the Kinhuron Medical Centre attached to this by-law and to affix the corporate seal as and when required. 3. This By-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as the "Kinhuron Medical Centre Lease Agreement, By-law" . READ, FIRST, SECOND and THIRD time and FINALLY PASSED this 25th day of August 1999. Mayor Clerk ..'- .- . .. . ..~:, KlNHURON MEDICAL CENTRE AGREEMENT This AGREEMENT made in TRIPLICATE this 25th day of August; 1999. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF KINCARDINE-BRUCE- TIVERTON Hereinafter called the "Municipality" of the first part; AND KINHURON MEDICAL CENTRE Hereinafter called the "Lessee" of the second part. WITNESSEm 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 Municipality has demised and leased and by these presents doth demise and lease unto the said lessee; ALL THOSE CERTAIN PREMISES comprised of approximately 1210 sq.ft. of rentable area on the ground floor of the building ("the building") situated on and known municipally as Kincardine-Bruce-Tiverton Township, formerly the Village of Tiverton, Ontario, and being the centre portion of the building located on Hwy. #21 at Lots 1,2, and 3, north side of Queen Street in the former Village of Tiverton, County of Bruce. 1. The Lessee shall pay a monthly rent of $300.00 (three hundred dollars), payable quarterly in advance on the first business day of January, April, July and October, to the Township of Kincardine-Bruce- Tiverton. 2. The Municipality sha1l pay all business taxes, hydro, water, heating costs, air conditioning costs and for all other utilities as may be provided. 3. The Lessee agrees that at the conclusion of this lease agreement (or any subsequent agreement which may extend the term of this lease) the premises must be restored to their original condition, and to the satisfaction of the Municipality. 4. The Lessee shall not carry on upon the premises any business that may be deemed a nuisance or by which the insurance on the premises will be increased. 5. The Lessee agrees to maintain the premises in a state of cleauliness, and to repair any damage caused thereto by her own willful or negligent conduct or that of persons who are permitted on the premises by her. 6. The Municipality shall be permitted, in accordance with Section 93 of the Landlord Tenant Act, to enter and view the state of repair of the premises. 7. This agreement is not assignable by the lessee without the express written consent of the Municipality. 8. The Lessee agrees that no goods, fixtures or chattels shall be removed :from the premises without the written consent of the Municipality. 9. The Lessee agrees to abide by all fire and building regulations, including ensuring the stairwells and entrances are unencumbered for safety reasons. 10. The Municipality sha1l not be responsible for any personal injury which shall be sustained by the Lessee or any employee, customer or other person who may be upon the premises or in the building or the entrances or appurtenances thereto. All risks of any such injury being assumed by the Lessee, who sha1l hold the Municipality harmless and indemnified therefrom. " . .0 . . ." KlNHURON MEDICAL CENTRE AGREEMENT 11. The Lessee shall provide to the Municipality adequate proof of insurance (for liability and personal property) to the satisfaction of the Municipality. 12. The term of this lease shall be from November 1,1998 until October 31,2003. Renewal of this Agreement will be at the discretion of the Municipality. 13. This agreement may be terminated by either party with sixty (60) days written notice given to the other, by regular mail, at the following addresses: Municipality's Address: The Corporation of the Township of Kincardine-Bruce- Tiverton 707 Queen Street Kincardine, Ontario N2 Z I Z9 Lessee's Address: Kinhuron Medical Centre P.O. Box 220 Kincardine, Ontario N2Z 2Y7 14. In this agreement, words importing the singular 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. 15. Unless the context otherwise requires, the word "Municipality" and the word "Lessee" wherever used herein shall be construed to include and shall mean the executors, administrators, successors and/or assigns of the said Municipality and Lessee, respectively, and when there are two or more Lessees bound by the same covenants herein contained, there obligations shall be joint and several. IN WITNESS WHEREOF the parties hereto have executed these presents. SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE TWP. OF KINCARDINE-B CE-TIVERTON -- Per: - -:--~. --:.. ""':::;: :.. ~, -.;..... .... , -"": .... Per: rdon x~""ell ,~. ,~ ~ -- : ~ ~ ~./ "- ,-. -. --- .... - ::.:::- --,-..........~},tA.~ _ c...lrtlJ.A-"-. Clerk - Rosalfu6J;}í'aþam .. Æ: - ... ' - - . ,'" ~ -----:~~/~-~-}:~:~>~ b~~ . Witness Per: k~./~ Witness Per: ~&x=, Dr. R. Mann