HomeMy WebLinkAboutKIN 97 008 Lease - Palmer
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THE CORPORA TION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1997-08
A BY-LAW TO AUTHORIZE THE SIGNING OF A LEASE AGREEMENT WITH
C. M. PALMER CO. LTD.
WHEREAS the Council for The Corporation of the
Town of Kincardine deems it advisable to enter into a lease
agreement with the C. M. Palmer Co. Ltd. for certain lands in
the Town of Kincardine.
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. That The Corporation of the Town of Kincardine enter into
an agreement wi th c. M. Palmer Co. Ltd. for part of
Clinton Street and Part of Elgin Market Park, more
particularly described as Part 3 and Part 6 of Reference
Plan 3R-6613.
2.
That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with C. M. Palmer Co. Ltd. which is
attached to this by-law and to affix the Town's 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
Agreement By-law".
be
cited as the
"Palmer Lease
READ a FIRST and SECOND time this 19th day of December, 1996.
READ a THIRD time and FINALLY PASSED this 6th day of February,
1997.
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Mayor
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Clerk
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This AGREEMEliIT made in TRIPLICATE
December, 1996.
this 19th day of
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
C. M. PAIMER CO. LTD.
hereinafter called the "Licensee"
of the Second Part.
WHEREAS the Town and the Licensee wish to enter into a
"lease to purchase" agreement for part of Elgin Market
Square, north side of Kincardine Avenue, and more
particularly described as Part 3 and Part 6 of Reference
Plan 3R- MU, hereinafter called the "licensed lands";
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in considera-
tion of the mutual covenants and agreements hereinafter
contained, and subject to the terms and conditions
hereinafter set out, the parties agree as follows:
1. The Town hereby grants to the Licensee (insofar as the
Town can legally do so) license and full permission
and authority to enter upon the Licensed Land for a
term of ten (10) years to be computed from the 1st day
of January, 1997 and ending on the 31st day of
December, 2006.
The Town hereby agrees that at the end of the ten (10)
year period ownership of the Licensed Land shall be
transferred to the Licensee. Furthermore, the Town
agrees that the Licensee shall have the option of
buyi~g out the lease by paying, at any time, the
rema1ning balance of the license, at which time
ownership of the Licensed Land would be transferred to
the purchaser.
3. The license shall be in the amount of TWENTY-FIVE
HUNDRED DOLLARS ($2,500.00) payable in ten (10)
instalments of TWO HUNDRED AND FIFTY DOLLARS ($250.00)
per year for ten (10) years. The first instalment
shall be paid upon the signing of this agreement and
then once a year, on the anniversary date of this
agreement.
2.
4.
The Licensee shall provide to the owners of the
Kincardinite Motel, 319 Kincardine Avenue, Kincardine,
Ontario, access to their property across the Licensed
Land for the term of, and not to exceed, this license.
This provision may be terminated at the option of the
licensee with conveyance of title to the licensee or
his assigns, etc. Further, it is understood that the
Licensee may also terminate this provision if the
owner of 319 Kincardine Avenue fails to provide the
snow removal service from the Licensee's Kincardine
Avenue access which has been agreed to by the said
owner.
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Palmer License Agreement
Page 2
5.
The Licensee shall always indemnify and keep
indemnified the Town against all actions, suits,
claims and demands which may be brought against or
made upon the Town and against all loss, costs,
damages, charges or expenses whatsoever which may be
incurred, sustained or paid by the Town in consequence
of the exercise by the Licensee of the permission
hereby granted.
6. The Licensee further covenant as follows:
a)
to keep the
repair and
standards;
Licensed Land in a good state of
complying with health and safety
b) to pay all municipal taxes and levies assessed
against the Licensed Land;
c) not to use the Licensed Land for any other purpose
than as access to his property, with the exception
that the licensee may use the lands to erect
signage advertising the licensee's business
(subject to the provisions of the Town's sign
by-law) ;
d) not to make any additions or alterations to the
Licensed Land without the consent of the Town.
7. If the Licensee breaches any provisions of this
Agreement and such default continues for thirty (30)
days after the Town has delivered notice of said
default to the Licensee then the Town may terminate
this Agreement by giving notice of termination to the
License, such termination to be effective upon the
date such notice is given.
8.
In the event that clause 5 is exercised by the Town,
the Licensee shall remove any structure or
improvements erected by the Licensee on the Licensed
Land within thirty (30) days of the termination of
this license, failing which the Town may proceed to
remove the same and the Town shall be entitled to
recover from the Licensee the cost of such removal in
any court of competent jurisdiction.
9.
Nothing
Licensee
Land for
be construed as giving the
permission to use the Licensed
herein shall
any more than
enjoyment.
10.
The Licensee
interest in
writing, of
payment of
consent.
shall not transfer or assign their
the Agreement without the consent, in
the Town, and the Town may require the
a fee as a condition of granting such
11.
Any notice required or permitted to be given hereunder
shall be in writing and shall be effectively given if
(i) delivered personally, (ii) sent by fax machine, or
(iii) sent by prepaid courier service or mail
addressed, in the case of notice to the Town, at 707
Queen Street, Kincardine, Ontario, N2Z 1Z9, and in the
case of notice to the Licensee at P.O. Box 308,
Kincardine, Ontario, N2Z 2Y8. Any notice so given
shall be deemed conclusively to have been given and
received when so personally delivered or faxed or on
the second day following the sending thereof by
private courier or mail. Any party hereto may change
any particulars of its address for notice to the other
in the manner aforesaid.
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Palmer Licence Agreement
Page 3
12. This Agreement shall enure to the benefit of and be
binding upon the said parties hereto, their heirs,
executors, administrators, successors and assigns,
respectively.
IN WITNESS WHEREOF the Town has hereto affixed
corporate seal attested by the hands of the Mayor and
Clerk of the Town of Kincardine, this ~ day
~e.bnJA~~, 1997 and the License has hereunto set
hand and seal this 3rd day of February, 1997.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE TOWN
OF KINCARDINE
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C.M. PAIMER CO. LTD.
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